Agenda packet — Mayor and City Council, March 15, 2023 (part 3 of 4)

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RESOLUTION NO. 2023-045

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT PERMIT TYPE–P 22-03

ALLOWING THE CONVERSION OF AN EXISTING TWO-

STORY OFFICE BUILDING CONTAINING
APPROXIMATELY 9,988 SQUARE FEET INTO AN
APARTMENT COMPLEX CONSISTING OF TWELVE (12)

MULTIPLE-FAMILY RESIDENTIAL UNITS ON A
PROJECT SITE CONSISTING OF THREE (3) PARCELS
CONTAINING A TOTAL OF APPROXIMATELY 0.68
ACRES LOCATED AT 1490 N. D STREET (APNS: 0145-181-
03, 04, AND 13), WITHIN THE COMMERCIAL OFFICE
(CO) ZONE AND ADAPTIVE REUSE (AR) OVERLAY AND

FINDING THE PROJECT IS SUBJECT TO A

CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, on April 28, 2022, pursuant to the requirements of Chapter 19.19-B (Adaptive Reuse (AR) Overlay) and Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, an application for Development Permit Type-P 22-03 was duly submitted by:

Applicant: Jose Ponce
2086 S. E Street
San Bernardino, CA 92408
Owner: Penny More, LLC
2086 N. State Street, # 100
San Bernardino, CA 92405
Property Address: 1490 N. D Street
APN(S): 0145-181-03, 04, and 13
Lot Area: 0.68 Acres
WHEREAS, Development Permit Type-P 22-03 is a request to allow the conversion of an existing two-story office building containing approximately 9,988 square feet into an apartment complex consisting of twelve (12) multiple-family residential units on a project site consisting of three (3) parcels containing a total of approximately 0.68 acres; and WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Development Permit Type-P 22-03 for consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and

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WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department has evaluated Development Permit Type-P 22-03 and determined that it is exempt from CEQA pursuant to Categorical Exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that Categorical Exemption is not barred by one of the exemptions set forth in CEQA Guidelines Section 15300.2; and WHEREAS, on November 9, 2022, pursuant to the requirements of Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved Development Permit Type-P 22-03 to the Planning Commission for consideration; and WHEREAS, on January 10, 2023, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report and adopted Resolution No. 2023-003 recommending the Mayor and City Council find the Categorical Exemption in accordance with the California Environmental Quality Act, and approve Development Permit Type-P 22-03 based on the Findings of Fact and subject to the recommended Conditions of Approval; and
WHEREAS, notice of the March 15, 2023 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on March 4, 2023, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapter 19.19-B (Adaptive Reuse (AR) Overlay) and Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Development Permit Type-P 22-03.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Permit Type-P 22- 03 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15303 (New Construction or Conversion of Small Structures) and Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.

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SECTION 3.Findings of Fact – Development Permit Type-P 22-03 Finding No. 1:The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines.

Finding of Fact:The proposed conversion of an existing two-story office building containing approximately 9,988 square feet into an apartment complex consisting of twelve (12) multiple-family residential units is a permitted use within the within the Commercial Office (CO) zone and Adaptive Reuse (AR) Overlay, subject to the approval of a Development Permit. The proposal under the Development Permit Type-P 22-03 will be developed in compliance with all applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines that will buffer the residential uses in the residentially zone properties to the west of the project site. Additionally, the adaptive reuse of the existing commercial office structure will allow the strategic conversion of a underutilized site that will allow the City to meet its housing needs in accordance to the General Plan, and Conditions of Approval will be applied to the proposed project to ensure that the project will meet the necessary development standards and design guidelines.

Finding No. 2:The proposed use is consistent with the General Plan.

Finding of Fact:General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

General Plan Housing Element Policy 3.1.1: Provide adequate sites to accommodate the production of a variety of housing types through land use designation, zoning, specific plans, and overlay zones.

General Plan Housing Element Policy 3.2.4: Encourage and facilitate the rehabilitation and reuse of distressed and abandoned properties.

General Plan Community Design Element Policy 5.6.4: Provide usable common space amenities. Common open space should be centrally located and contain amenities such as seating, shade and play equipment. Private open space may include courtyards, balconies, patios, terraces, and enclosed play areas.

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General Plan Circulation Element Policy 6.9.1: Ensure that developments provide an adequate supply of parking to meet its needs either on-site or within close proximity.

The proposed project implements the above General Plan goals and policies in that the proposed rehabilitation and reuse of an existing building for the purposes of providing new housing stock will incorporate a modern design to include new parking area, open space, and sizable residential units. The development of the site will be done in a manner that will enhance the physical and visual qualities of the subject property with significant landscaping, thereby enhancing the aesthetics of the area. Additionally, through this proposal the existing property will be transformed from an underutilized property into a development that meets the City’s Land Use, Housing Community and Circulation goals, while satisfying the Development Code requirements. Additionally, through this proposal the existing property will be transformed from an underutilized property into a development that meets the City’s economic development goals, while satisfying the Development Code requirements, and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts.

Finding No. 3The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property.

Finding of Fact:The proposed conversion of an existing two-story office building containing approximately 9,988 square feet into an apartment complex consisting of twelve (12) multiple-family residential units will be harmonious and compatible with existing and future commercial development within the surrounding area. The surrounding area consists of a mixture of residential and commercial uses. Appropriate Conditions of Approval have been imposed on the proposed development to ensure that the surrounding area will not be negatively impacted by the development of the proposed project.

The scale and density of the proposed development conforms to the development standards of the Commercial Office (CO) zone and Adaptive Reuse (AR) Overlay. Additionally, the proposal is consistent with both the General Plan and Development Code subject to approval of the associated amendments, and no land use conflict is expected to result from construction of the proposed project.

Finding No. 4The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code.

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Finding of Fact:In accordance with Section 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Development Permit Type-P 22-03 and concluded that Development Permit Type-P 22-03 is found to be exempt under Section 15061(b)(2) (Review for Exemption) of CEQA, under Section 15332 (In-Fill Development Projects) and Section 15303 (New Construction or Conversion of Small Structures) of CEQA. A Class 32 Categorical Exemption consists of projects characterized as in-fill development meeting the conditions contained within Section 15332 of CEQA. A Class 3 Categorical Exemption consists of projects characterized as construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

Additionally, a Class 32 covers projects consisting of small project on less than five (5) acres due to the property located and surrounded by existing commercial and residential development and has no significant negative impacts on the environment are anticipated to result from development of the site. The design of the site will not have any significant negative impacts to wildlife or their habitat, and no sensitive or protected species have been identified on the existing site. A Class 3 covers projects in urbanized areas, up to four (4) such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. Furthermore, Conditions of Approval will be imposed to alleviate potential impacts and there are no additional potential significant environmental impacts that may result from the proposed development and establishment of the proposed project.

Finding No. 5:There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

Finding of Fact:The project site is located within an urbanized area and is surrounded by existing development. Therefore, no significant negative impacts on the environment are anticipated to result from the proposed development.

Finding No. 6:The subject site is physically suitable for the type and density/intensity of use being proposed.

Finding of Fact:The site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with the

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applicable Development Code Standards. The size of the project site is adequate to accommodate the proposed conversion with necessary improvements, in compliance with the requirements of the Development Code.

Finding No. 7There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

Finding of Fact:There are adequate provisions for public access, public utilities, and public services for the proposed building. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed development under Development Permit Type-P 22-03 will not be detrimental to public services or public health and safety.

Finding No. 8The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact:The proposed conversion of an existing two-story office building containing approximately 9,988 square feet into an apartment complex consisting of twelve (12) multiple-family residential units conforms to all applicable development standards and land use regulations of the proposed Commercial Office (CO) zone and Adaptive Reuse (AR) Overlay.

Therefore, the design of the project, in conjunction with the recommended Conditions of Approval, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be averse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City.

SECTION 5. Conditions of Approval. Development Permit Type-P 22-03, are hereby approved, subject to the following Conditions of Approval:

1. This approval is to the conversion of an existing two-story office building containing approximately 9,988 square feet into an apartment complex consisting of twelve (12) multiple- family residential units on a project site consisting of three (3) parcels containing a total of

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approximately 0.68 acres. The project site is located at 1490 North D Street (APNs: 0145-181- 03, 04, and 13), within the Commercial Office (CO) and Adaptive Reuse (AR) Overlay.

2. The project site shall be developed and maintained in accordance with: (i) the plans stamped March 15, 2023 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plan, exterior-elevations plan, and conceptual-landscaping plan on file with the Planning Division; (ii) the Conditions of Approval contained herein; and (iii) the City’s Municipal Code regulations.

3. Within two (2) years of the approval of the Development Permit, the commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval.

EXPIRATION DATE: March 15, 2025

4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension.

5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will fully cooperate in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (“City”), any departments, agencies, divisions, boards, and/or commissions of the City, and any predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action, or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs or attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition.

The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered “attorneys’ fees” for purposes of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant.

Planning Division

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6. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at, the construction site before 7:00 am or leave the site after 8:00 pm.

7. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work.

8. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards).

9. Minor modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the re-filing of the original application.

10. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Works Department, and the City Clerk’s Office/Business Registration Division.

11. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable.

12. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty-four (24) hours of being reported.

13. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained.

14. All new construction shall require permits prior to commencement.

15. All formal submittals to the Building and Safety Division shall include all required documentation. Submittal requirements for permit applications with the Building and Safety Division shall include all Conditions of Approval issued with this approval, printed on the plan sheets.

16. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy.

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17. No Final Certificate of Occupancy will be issued until all Conditions of Approval have been completed.

Public Works Department

18. Grading and Landscaping
a) A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan.
b) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’.

Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted.
c) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “ high concrete planter shall be provided to separate the enclosure from the adjacent parking.

The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. d) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. e) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide:

1.1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and

2.0.25 foot-candles security lighting during all other hours. f) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. g) A Lot Merger is required for this project. The Lot Merger shall be recorded prior to Building Permit issuance. The applicant is directed to the City’s web page at www.sbcity.org– Departments – Public Works – Submittal Requirements for submittal requirements.
h) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net.

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i) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking.

19. On-Site Utilities
a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses).
b) The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) On-site utility services shall be placed underground and easements provided as required.
e) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer.

20. Off-street Improvement and Dedications
a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows:

Street Name
Dedication shall be
Right of Way(ft.)
From Centerline
Curb Widening shall be
Curb Line(ft)
From Centerline
“D” Street
(145-181-03, 145-181-04
145-181-13)

41.25’ Existing

2.75’ Dedication
for a total ½ width of 44’
“Secondary Arterial”
32’ Existing
None-Proposed
Per General Plan
Magnolia Avenue
(145-181-03, 145-181-04
145-181-13)
30’ Existing
No Dedication
for a total ½ width of 30’
“Local - Continuous”
20’ Existing
None-Proposed
Per General Plan
15th Street
(145-181-03, 145-181-04
145-181-13)
15’ Existing
15’ (Future Dedication)
“Local - Continuous”
9’ Existing edge of
pavement
14’ widening required from
centerline
b) “D” Street – TI = 7.5:
i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index, or The City’s has a minimum of 2” Grind and Overlay; However, if the Soils

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Report is obtained and indicates a thicker improvement, the thicker section shall be used.
ii) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
iii) The existing curb & gutter, sidewalk, and driveway fronting the site are in fair condition, if any/all curb & gutter panels, and sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards.
iv) The corner shall be a 35’ Radius including a compliant ADA ramp with By- Pass and Truncated Domes. City of San Bernardino - Street Improvement Policy.
v) When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”, City of San Bernardino - Street Improvement Policy.
vi) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). M12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy
vii) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy.
viii) Existing Street Light System shall be replaced to LED (Head-Bulb) in accordance with City Standard Nos. SL-1, SL-2, and SL-3. Also, when more than three (3) streetlights a separate light sheet may be submitted in accordance with the City of San Bernardino Street Lighting Design Policies.

Install ID Plate on Street light pole. As directed by the City Engineer. ix) Remove or underground existing non-electrical (Non-SCE) Poles. x) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections.
xi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
c) Magnolia Avenue – TI = 5.5 : * - **
i) The street concrete panels that are cracked, potholed, have trenched, or are destroyed shall be replaced, as directed by the City Engineer.

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ii) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
iii) The existing curb & gutter, and sidewalk fronting the site are in fair condition, if any curb & gutter panels, and sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards.
iv) The Existing Driveways do meet the current ADA requirements, replace the driveways to city standards.
v) The corner shall be a 35’ Radius including a compliant ADA ramp with By- Pass and Truncated Domes, Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy.
vi) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer, MC12.28.060, MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9- 09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83; Ord. 3918, 2-25- 80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC-1531, 6-03-20, City of San Bernardino - Street Improvement Policy.
vii) When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”, City of San Bernardino - Street Improvement Policy.
viii) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), M12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy.
ix) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A, Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy.
x) Underground existing Poles, all utility line(s) including electrical under 34kv shall be underground and poles removed, MC19.20.030.28, MC19.30.110, City of San Bernardino Public Works - Street Improvement Policy.
xi) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections.
xii) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument

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Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
d) 15 th Street – TI = 5.5 : * - **
i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. ii) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
iii) The corner shall be a 35’ Radius including a compliant ADA ramp with By- Pass and Truncated Domes, As Directed by the City Engineer, City of San Bernardino - Street Improvement Policy.
iv) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer, MC12.28.060, MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9- 09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83; Ord. 3918, 2-25- 80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC-1531, 6-03-20, City of San Bernardino - Street Improvement Policy.
v) Construct 8" Curb and Gutter per City Standard No. 200, type “B”, City of San Bernardino - Street Improvement Policy.
vi) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A, Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy.
vii) No Parking will be allowed on 15 th Street, install signs per city standards. viii) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
•These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed.
•If a Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a).

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e) With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) (2018-1 Service) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure as required by the City to the satisfaction of the City Engineer.

The Applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer, Reso 2018-264, Reso 2019-178.
f) If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans.
g) A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way.

Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction.
h) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. i) The applicant must post a performance bond (Insurance, Deposit) prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department, MC12.03.110, Ord. MC-1027, 9-09-98; Ord. MC-1004, 10-21-97. j) The above conditions shall comply with current codes, policies, and standards at time of construction.
k) Prior to Certificate of Occupancy or Completion of Project all As-builts and Centerline Ties shall be submitted to Public Works.

21. Traffic Requirements
a) Due to the size of the project, it is not required for the applicant to submit a Traffic scope approval form.

22. Integrated Solid Waste Management
a) During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b) The Site Plan revised 8/12/22, identifies the conversion of an existing two-story office building into an apartment complex consisting of twelve multiple-family residential units. The project site is located at 1490 North D Street.

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c) Burrtec Waste’s review of the Site Plan revised 8/12/22, identifies a single trash enclosure located at the northwest corner of the property. Enclosure dimensions are 15’x 8’. Access is provided by a looped 25.5-foot-wide driveway. Burrtec’s truck turning template has been added to the Site Plan.
d) Based upon the information provided, the project meets or exceeds Burrtec’s minimum requirements for trash enclosure location and accessibility. The enclosure shall be designed to accommodate at least two commercial bins for trash and mixed recyclables and at least one 65-gallon cart for food waste. e) Any changes to the overall project design, enclosure specifications or location, or access may adversely impact Burrtec’s ability to service the project. Any design modifications that could impact Burrtec’s service will be subject to review and approval by Burrtec.
f) Burrtec’s review of this project is limited to determining whether it meets Burrtec’s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state, and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.
g) Construct a City Standard Plan 508 Refuse Enclosures and meet or exceed the minimum 8’-0”x 15’-0” clear interior dimensions required for the container storage area.
h) Display the refuse enclosure’s interior dimensions on the Site Plan. i) As of January 1, 2022, multi-family housing projects are required to participate in a residential organics/food waste recycling program per Senate Bill 1383. This will require additional container(s) for organics/food waste. j) Contact the Building & Safety Division to determine ADA accessibility requirements.

Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area.
k) Display clear drive aisle widths on the Site Plan.
l) Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508) m) Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City.
n) Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35- foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD.

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o) Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet.
p) Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department.
q) If gated, access shall be provided by means of a key, code, or remote. r) Assembly Bill 341 Mandatory Commercial Recycling may apply. s) Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. t) Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. u) Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.

23. Required Engineering Plans
a) A complete submittal for plan checking shall consist of:
▪street improvement plans (include engineering conditions, city standards, and cross sections in these plans),
▪if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans, ▪traffic signal plans must be submitted on separate plan sheets included in the street improvement plans (if required by conditions or traffic reports), ▪signing and striping plan (shall be in sheets included on separate plan sheets included in street improvement plans),
▪lighting for offsite plans (shall be in sheets included on separate plan sheets included in street improvement plans,),
▪CFD Plans are required, they shall include Landscaping, Irrigation, Basins, etc. that are included in the CFD that are not listed in the plans above. ▪other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed.
▪All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations)
b) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block (city standard block) satisfactory to the City Engineer or his designee can be found on the City Web Site http://www.sbcity.org. or http://www.sbcity.org/city_hall/public_works/engineering_division/engineering_develo

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pment_resources. Engineering conditions of the project shall be inserted in the last pages of the plans.
c) After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval.
d) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval.
e) Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at
http://www.sbcity.org/city_hall/public_works/engineering_division/design_policy_and_ procedure_documents.

24. Required Engineering Permits
a) Grading permit / On-site improvements construction permit. b) WQMP/Hydrology.
c) Lot merger.
d) Landscape permit.
e) Off-site improvement construction permit.

25. Applicable Engineering Fees
a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org
San Bernardino Municipal Water Department – Engineering Division

26. If any new domestic, landscape, &/or fire services are needed a request for any old services to be abandoned must be received prior to the acquisition of service credits applied to the new services.

27. For any change in use of the building or expansions being built, sewer connection & capacity fees are due prior to issuance of a building permit.

28. If there are any street improvements associated with the project, then it is the developer/s and/or engineer/s responsibility to submit a copy of the street improvements plans to SBMWD’s engineering section for review.

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29. Four (4) or more units require water service sub-metering which can be done on-site with private meters.

San Bernardino County Consolidated Fire District

30. Access. The development shall have a minimum of two points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

31. Additional Requirements. In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

32. Building Plans. Building plans shall be submitted to the Fire Department for review and approval.

33. Commercial Addressing. Commercial and industrial developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum six (6) inches in height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances.

34. Fire Alarm – Manual. A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department approved fire alarm contractor. The fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval.

The required fees shall be paid at the time of plan submittal.

35. Fire Extinguishers. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department.

36. Fire Fee. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division.

37. Fire Sprinkler-NFPA #13. An automatic fire sprinkler system complying with NFPA Pamphlet #13 and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor. The fire sprinkler contractor shall submit plans to the with hydraulic calculation and manufacturers specification sheets to the Fire Department for

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approval and approval. The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal.

38. Inspection by the Fire Department. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves and signs off on the Building and Safety job card for “fire final”.

39. Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein “Fire Department”. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances and standards of the Fire Department.

40. Key Box. An approved Fire Department key box is required. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock.

41. Override Switch. Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required.

42. Primary Access Paved. Prior to building permits being issued to any new structure, the primary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions, including width, vertical clearance and turnouts.

43. Roof Certification. A letter from a licensed structural (or truss) engineer shall be submitted with an original wet stamp at time of fire sprinkler plan review, verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design.

44. Secondary Access Paved. Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts.

45. Sprinkler Installation Letter. The applicant shall submit a letter to the Fire Department agreeing and committing to installation of a fire protection system prior to the building inspection for drywall and insulation.

46. Street Sign. This project is required to have an approved street sign (temporary or permanent).

The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site.

Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed.

47. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow

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requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job site.

48. Water System Commercial. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site.

Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure.

SECTION 6. Notice of Exemption. The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Categorical Exemption.

SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of March, 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-045, adopted at a regular meeting held on the 15th day of March, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2023.

Genoveva Rocha, CMC, City Clerk

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NOPARKING
A-1 INDEX
SITESCALE: 1"=20'-0"
NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

VICINITY MAP
PROJECT DATAA.P.N.:ZONING:OWNER:APPLICANT:DESIGNER:
0145-181-13, 0145-181-03 & 0145-181-04COMMERCIAL OFFICEPENNY MORE LLC.432 E. REDLANDS BLVD #CSAN BERNARDINO, CA 92408JOSE PONCE2086 S. E ST. SUITE 100SAN BERNARDINO, CA 92408AEC MORENO236 W ORANGE SHOW RD, STE. 112SAN BERNARDINO, CA 92408PHONE NO.: (909) 440-2855LOT 1,2,3 and 4 OF REVISED MAP OF MAGNOLIA PARK, IN THE CITY OFSAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA, AS PER PLAT RECORDED IN BOOK 17,PAGE 81 OF MAPS,RECORDS OF SAID COUNTYSAN BERNARDINOSAN BERNARDINOCALIFORNIATYPE V-B R-2ALL WORK SHALL COMPLY WITH THE2019 CALIFORNIA BUILDING CODE2019 CALIFORNIA PLUMBING CODE2019 CALIFORNIA ELECTRICAL CODE2019 CALIFORNIA MECHANICAL CODE2019 CALIFORNIA FIRE CODE2019 CALIFORNIA ENERGY CODE2019 CALIFORNIA GREEN BUILDING STANDARDS CODETWO STORYYES CITY:

CONSTRUCTION TYPE:OCCUPANCY GROUP:APPLICABLE CODES:

LEGAL DESCRIPTION:

COUNTY:STATE:

NUMBER OF STORIES:AUTOMATIC FIRESPRINKLERS:

SHEET INDEXA-1. SHEET INDEXA-1.1. DEMO. SITE PLANA-1-2. PROPOSED SITE PLANA-2. EXISTING/DEMO 1ST STORY FLOOR PLANA-3. EXISTING/DEMO 2ND STORY FLOOR PLANA-4. 1ST STORY PROPOSED FLOOR PLANA-5. 2ND STORY PROPOSED FLOOR PLANA-6. ELEVATIONSA-7. ELEVATIONSA-8. COLOR ELEVATIONSA-9. COLOR ELEVATIONSA-10. RENDERA-11. COLOR & MATERIAL SAMPLE BOARDA-12. COLOR & MATERIAL SAMPLE BOARDCL-1. CONCEPTUAL LANDSCAPE PLAN

SCOPE OF WORK

BUILDING SUMMARY
THE PROJECT CONSISTS OF THE CONVERSION OF AN EXISTING TWO STORY OFFICE BUILDING TO ANAPARTMENT COMPLEX. THE PROPOSED APARTMENT COMPLEX WILL CONSIST OF A TOTAL OF 12 APARTMENTS,11 WILL 2 BEDROOM & 1 WILL BE 1 BEDROOM AND SQUARE FOOTAGE VARY FROM 679.00 SF. - 1,000.00 SF.

PARKING SPACE ANALYSIS
BUILDING USE:PARKING RATE:NO. OF ADAPTIVE REUSE 1 PARKING PER UNIT + 1 EVERY 5 UNITS 21 SPACES
12TOTAL SPACES REQUIRED: 14.4
PARKING REQUIREMENT BY SECTION 19.19-B.040 (4) OF CITY OF SAN BERNARDINO REQUIREMENTS.

PER 11B-208.2 MINIMUM NUMBER OF ACCESSIBLE PARKING SPACES REQUIRED TOTAL PARKING PROVIDED 26-50 2 HANDICAPPED PARKING STALLS.2 HANDICAPPED PARKING STALLS PROVIDED OK.

OVERLAY

PER SEPARATE PERMIT
SITE PLANCONVERSION OF EXISTING OFFICE BUILDING TOAPARTMENT COMPLEXAPN:0145-181-13,0145-181-03 & 0145-181-04

PROJECT LOCATION

MAP NOT TO SCALE
CL
15TH ST.CLCL
MAGNOLIA AVE.CLCL
ZONING:RESIDENTIAL SUBURBAN (RS)APN:0145-181-05
ZONING:COMMERCIAL OFFICE(CO)APN:0145-182-24APN:0145-182-23ZONING:RESIDENTIAL SUBURBAN (RS)APN:0145-182-25ZONING:RESIDENTIAL SUBURBAN (RS)APN:0145-182-20ZONING:RESIDENTIAL SUBURBAN (RS)

APARTMENTS
1ST FLOOR APARTMENTS:APARTMENT NO.1 1,000.00 SF.APARTMENT NO.2 785.50 SF.APARTMENT NO.3 679.00 SF.APARTMENT NO.4 726.00 SF.APARTMENT NO.5 830.50 SF.APARTMENT NO. 6 794.00 SF.TOTAL 1ST FLOOR LIVING AREA: 4,815.00 SF.

PROPOSED LIVING AREA:
2ND FLOOR APARTMENTS:APARTMENT NO. 7 905.00 SF.APARTMENT NO. 8 926.00 SF.APARTMENT NO. 9 711. 00 SF.APARTMENT NO. 10 865.50 SF.APARTMENT NO. 11 971.00 SF.APARTMENT NO. 12 794.00 SF.TOTAL 2ND FLOOR LIVING AREA: 5,172.50 SF.TOTAL PROPOSED LIVING AREA: 9,987.50 SF.

APN: 0145-181-13: 15,000.00 SQ.FT.LOT AREA:

EXISTING PARKING AREA: ±14,744.00 SF.EXISTING LANDSCAPE AREA: ±1,898.00 SF.EXISTING COURT YARD AREA: ±2,376.00 SF.

ZONING:COMMERCIAL OFFICE (CO)APN:0145-181-04
ZONING:COMMERCIAL OFFICE (CO)APN:0145-181-03
ZONING:COMMERCIAL OFFICE (CO)APN:0145-181-13
APN: 0145-181-03: 7,500.00 SQ.FT.APN: 0145-181-04: 7,227.00 SQ.FT.

PROPERTY LINE 50.00'PROPERTY LINE 48.18'PROPERTY LINE 145.00' PROPERTY LINE 100.00'
PROPERTY LINE 50.00'PROPERTY LINE 48.18'PROPERTY LINE 100.00' PROPERTY LINE 145.00'
PROPERTY LINE 145.00'
PROPERTY LINE 145.00'
REQUIRED:14.4 SPACESPARKING
TOTAL SPACES PROVIDED:

OPEN SPACE CALCULATION OPEN SPACE REQUIREMENT BY SECTION 19.19-B.040 (3) OF CITY OF SAN BERNARDINO REQUIREMENTS TOTAL BUILDING AREA: 9,987.50 SF.10% OF 9,987.50 SF. = 998.75 SF.998.75 SF. OF OPEN SPACE REQUIRED1,057.00 SF. PROPOSED -SEE SHEET A-4 OPEN SPACE-INDOOR OR OUTDOOR PASSIVE OR ACTIVE RECREATIONAL OPEN SPACE MUST EQUAL AMINIMUM OF TEN PERCENT (10%) OF TOTAL SQUARE FOOTAGE OF THE BUILDING SIZE.1 PARKING REQUIRED: ONE(1) PARKING SPACE PER RESIDENTIAL UNIT , PLUS ONE(1) PARKING SPACE FOREVERY 5 UNITS

PICTURES NOTES
CAMERA LOCATION1 PHOTO'S NUMBER
1 2 3
4 567

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5.00'

4.00'

24.00'

NOPARKING

9.83'

2.75'

41.25'

15.00'30.00'

9.00'9.00'9.00'

10.58'

18.49'
A-1.1 DEMO SITE PLAN
KEY NOTES12345678

EXISTING PARKING STALLS TO BE RE-STRIPEDACCESSIBLE ROUTE FROM PUBLIC STREET EXISTING PARKING LOT LIGHT POST TO PROTECT IN PLACE9

EXISTING DRIVEWAY APPROACH TO PROTECT IN PLACEEXISTING TRASH ENCLOSURE TO BE DEMOLISHED, NEW TRASHENCLOSURE PROPOSED, PLEASE SEE PROPOSED SITE PLAN FOR NEWLOCATIONEXISTING ACCESSIBLE PARKING TO BE RELOCATED 1 NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

EXISTING CONCRETE WALKWAY TO PROTECT IN PLACE
66 6
6 6
6 EXISTING LANDSCAPE TO PROTECT IN PLACE TO PROTECT IN PLACE 7 7
7 77
7 8
8 9
9 EXISTING PARKING LOT LAMP POST TO PROTECT IN PLACE10
10TYP.
10TYP.
11 11EXISTING PLANTER IN COURTYARD TO PROTECT IN PLACE12EXISTING WROUGHT IRON SLIDING GATE TO PROTECT IN PLACE 1212
13EXISTING WROUGHT MAN GATE TO PROTECT IN PLACE
13 13
14EXISTING CMU BLOCK FENCE TO PROTECT IN PLACE
14 14
1414
15EXISTING WROUGHT IRON FENCE WITH PILASTERS TO PROTECT IN PLACE 15 15
15 15
15 16CURB AND GUTTER TO PROTECT IN PLACE17EXISTING SIDEWALK TO PROTECT IN PLACE 16 16
16 16
17 17 17
1ST FLOOR COURTYARD OUTLINE1818
18 EXISTING GAS METER LOCATIONS19
GGGGGGGGGG19
19 EXISTING AC PAYMENT TWO WAY DRIVEWAY TO PROTECT IN PLACE20 20 20
20 20
EXISTING PROPERTY LINE 100.00'EXISTING PROPERTY LINE 50.00'EXISTING PROPERTY LINE 48.18.00' EXISTING PROPERTY LINE 100.00'EXISTING PROPERTY LINE 50.00'EXISTING PROPERTY LINE 48.18.00' EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
21 DEMO. SITE PLANSCALE: 1"=10'-0"
2222
22 DEDICATION1
21 EXISTING PALANTERS TO BE REMOVED, AND PALM TREES TO PROTECT IN PLACE

EXISTING PARKING SPOTS TO BE REMOVEDEXISTING PLANTERS TO BE REMOVED 21212121
22 22
23EXISTING WROUGHT IRON GATE TO BE REMOVED
23 24EXISTING WROUGHT IRON GATE TO BE REMOVED & REPLACED 23 1 2 3
4 567

PICTURES NOTES
CAMERA LOCATION1 PHOTO'S NUMBER
21TYP.
21TYP.
25EXISTING CURB TO BE REMOVED
25 25

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5.00'

4.00'

9.83'

2.75'

41.25'

30.00'

6.00'

NOPARKING

15.00'

10.00'

18.00'

25.50'18.00'18.00'

9.00'

25.50'

20.00'5.00'16.32'

15.00'8.00'

8.00'

12.27'

5.00'4.00'

4.00'

26.27'26.06'

3.00'

4.00'

9.00'

5.00'
A-1.2 PROPOSED SITE PLAN
KEY NOTES12345678
PARKING STRIPING STALL (9'-0"x18'-0")ACCESSIBLE ROUTE FROM PUBLIC STREET EXISTING PARKING LOT LIGHT POST TO PROTECT IN PLACE9
EXISTING DRIVEWAY APPROACH TO TO BE MODIFIED TO MEET CITYSTANDARDS NO. 204 TYPE II, PLEASE SEE STREET IMPROVEMENT PLANSNEW PROPOSED TRASH ENCLOSURE ( 8'X15'- 2- 4 CY.) PER CITY OFSAN BERNARDINO STANDARD 508 1 NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

EXISTING CONCRETE WALKWAY TO PROTECT IN PLACE
66 6
6 6
6 EXISTING LANDSCAPE TO PROTECT IN PLACE TO PROTECT IN PLACE 7 7
7 7
7 7
8 8
8 8
INTEGRATED WASTE'S TURNING TEMPLATE, TO DO 180° TURN AND BACKUP TO PROPOSED TRASH ENCLOSURE LOCATION10EXISTING PALM TRESS TO PROTECT IN PLACE 11 11EXISTING PLANTER IN COURTYARD TO PROTECT IN PLACE12EXISTING WROUGHT IRON SLIDING GATE TO PROTECT IN PLACE 1212
13EXISTING WROUGHT MAN GATE TO PROTECT IN PLACE
13 13
14EXISTING CMU BLOCK FENCE TO PROTECT IN PLACE
14 14
14 15EXISTING WROUGHT IRON FENCE WITH PILASTERS TO PROTECT IN PLACE 15 15
15 15
16CURB AND GUTTER TO PROTECT IN PLACE17EXISTING SIDEWALK TO PROTECT IN PLACE 16 16
16 16
17 17 17
1ST FLOOR COURTYARD OUTLINE1818
18 EXISTING GAS METER LOCATIONS19
GGGGGGGGGG19
19 EXISTING AC PAVEMENT DRIVEWAY TO PROTECT IN PLACE20
2020
20 20
EXISTING PROPERTY LINE 100.00'EXISTING PROPERTY LINE 50.00'EXISTING PROPERTY LINE 48.18.00' EXISTING PROPERTY LINE 100.00'EXISTING PROPERTY LINE 50.00'EXISTING PROPERTY LINE 48.18.00' EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
21 PROPOSED SITE PLANSCALE: 1"=10'-0"
PROPOSED OPEN SPACE OUTLINE (1,057 SF)2222
22 DEDICATION1
1ACCESSIBLE PARKING SIGN TYP. 70" SQ. ON POLE (ADDITIONALSIGN STATING: VAN ACCESSIBLE IF VAN).AN ADDITIONAL SIGNBELOW THE INT. SYMBOL OF ACCESSIBILITY SHALL STATE "MINIMUM FINE $250.00" SEE DETAIL R ON SHEET DS-1.23 VAN ACCESSIBLE PARKING (9'x19') 2123
2 15TH ST.CLCL
MAGNOLIA AVE.CLCL
PROPOSED ACCESSIBLE PATH OF TRAVEL 5% MAX SLOPE AND A MAX.CROSS SLOPE OF 2% 4 4
NOT IN USE24NEW CURB & GUTTER PER STREET IMPROVEMENT PLANS25 25 25
PROPOSED LANDSCAPE26
26 26
NOT IN USE2728TYPICAL PAVEMENT SYMBOL 36" SQUARE WHEELCHAIR W/ OCCUPANT INWHITE ON BLUE BACKGROUND.28 29PROPOSED CMU BLOCK WALL TO MATCH EXISTING 29 30EXISTING ELECTRICAL TRANSFORMER TO PROTECT IN PLACE 30 31PROPOSED STAIRS32PROPOSED WROUGHT IRON FENCE
32 33PROPOSED COLUMN
33 34PROPOSED CURB
34 34
1 1
31 31
2 144 SF
20 26
26 34
34 34
349
9 9
10 10
14 14
15 29
1011
21 2
222
22 22
35EASEMENT PER RECORDING 81-214518 GRANTED TO SOUTHERNCALIFORNIA EDISON FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES 35 36EASEMENT PER RECORDING 81-198685 GRANTED TO CITY OF SANBERNARDINO FOR STREET AND HIGHWAY PURPOSE 3636

Packet Pg.
472

EXISTINGKITCHENCEIL.HIGH 9'-0"
EXISTING CHURCHROOMCEIL.HIGH 9'-0"
EXISTING STORAGECEIL.HIGH 9'-0"(E)STORAGE
(E)WOMEN'SBATH(E)MEN'SBATH
EXISTING ROOMCEIL.HIGH 9'-0"
EXISTING ROOMCEIL.HIGH 9'-0"
EXISTING ROOMCEIL.HIGH 9'-0"EXISTING ROOMCEIL.HIGH 9'-0"EXISTING ROOMCEIL.HIGH 9'-0" EXISTING ROOMCEIL.HIGH 9'-0"
EXISTINGELECTRICALROOMCEIL.HIGH 9'-0"
2'-3"11'-2"10'-7" 24'-10" 22'-10" 22'-10" 20'-3"2'-7"
117'-4"
10'-3"14'-10"13'-6"2'-2"12'-8"43'-2"
9'-4" 11'-0"
1'-9"
7'-4"16'-0"6'-9"2'-0"12'-10"2'-0"12'-10"2'-0"9'-9"2'-2"12'-0"9'-5" 11'-10" 2'-0"15'-6"2'-0"12'-4"3'-2"2'-0"15'-5"2'-0"15'-10"2'-0"15'-5"2'-0"15'-5"2'-0"15'-6"2'-0"2'-0" 35'-5"
31'-10" 75'-3" 19'-6"
7'-9"
7'-10"3'-4"7'-8"3'-4"9'-4"3'-4"11'-2"
6'-7"1'-10"6'-1"1'-10"6'-6"
20'-8"
24'-0" 24'-10" 22'-10" 22'-10" 22'-10"
31'-8" 30'-1"
8'-0" 13'-5"9'-0" 20'-10"4'-2"
6'-9"
7'-6"
123
6 EXISTING WALL TO PROTECT IN PLACENUMBERED KEY NOTES
A-2 FLOOR PLAN &ELECTRICAL PLAN

EXISTING WALLS TO BE DEMOLISHED
EXISTING WINDOWS TO BE REMOVED5EXISTING DOORS TO BE REMOVED7EXISTING PLANTERS TO PROTECT IN PLACE8EXISTING COLUMNS TO PROTECT IN PLACE9EXISTING WINDOWS TO BE REPLACED PER WINDOWSCHEDULE SCALE: 3/16" = 1'-0"EXISTING/DEMO 1ST STORY FLOOR PLAN
10EXISTING DOOR TO PROTECT IN PLACE
NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

SHEET NO:DATE:HECTOR M. MORENO R.C.E. EXP. 06/30/22
reference: DATE
APPLICANT / DEVELOPER:PENNY MORE LLC1490 N D STSAN BERNARDINO,CA 92405 10-12-22 C O R P O R A T I O N
AEC | Moreno Corp.236 W. ORANGE SHOW RD.SUITE 112SAN BERNARDINO, CA 92408Office: (909) 440-2855Fax: (909) 533-2263 1490 N D STSAN BERNARDINO,CA 92405236 W. ORANGE SHOW RD. SUITE 112SAN BERNARDINO, CA 92408Office: (909) 440-2855Fax: (909) 533-2263www.aecmoreno.com CONVERSION OF EXISTING OFFICEBUILDING TO APARTMENT COMPLEX1Preliminary Application 22-02 Revisions(02/23/2022)MD 04/01/222DP-P22-03 Application Revisions #1(07/28/2022)MD08/12/22 1 1 1
1 1 1
1 111
1 1
1 EXISTING STAIRS TO PROTECT IN PLACE
2 2
3 3
3 33
3 3
3 33
3 4EXISTING PLUMBING FIXTURES TO BE DEMOLISHED
4 4
5 5
5 5
5 5
5 5
6 6 6
66 66
6 6
6 6 6 6 6
7 7
7 7
7 8
8 8 8
8 89
9 99 9 9 9
9 9
9 10
10 1010
10 7

Packet Pg.
473

4'-6" 17'-8" 20'-9"
15'-0"
17'-8"
12'-6"
8'-4"
16'-10"14'-10"8'-3"
EXISTINGROOMCEIL.HIGH 10'-0"

EXISTING ROOF(E)WOMEN'SBATH(E)STORAGE(E)ATTICACCESS
EXISTINGROOMCEIL.HIGH 10'-0"EXISTINGROOMCEIL.HIGH 10'-0" EXISTINGROOMCEIL.HIGH10'-0"EXISTINGROOMCEIL.HIGH10'-0"

EXISTING ROOF
EXISTINGROOMCEIL.HIGH10'-0"
EXISTINGROOMCEIL.HIGH10'-0"EXISTINGROOMCEIL.HIGH10'-0"
EXISTINGROOMCEIL.HIGH10'-0"EXISTINGROOMCEIL.HIGH10'-0"
EXISTINGROOMCEIL.HIGH10'-0"
EXISTINGROOMCEIL.HIGH10'-0"
EXISTINGROOMCEIL.HIGH10'-0"
EXISTINGROOMCEIL.HIGH10'-0"EXISTINGROOMCEIL.HIGH10'-0"EXISTINGROOMCEIL.HIGH10'-0" (e)closetEXISTINGROOMCEIL.HIGH10'-0"
(E)MEN'SBATH
DWN
DWN
20'-2"7'-6"24'-0"19'-7"13'-4"7'-9"20'-6"13'-9" 126'-6"
17'-0"
7'-3" 14'-4"6'-1"10'-2"14'-1"9'-8" 11'-0"72'-7"
2'-3"10'-0"11'-9"6'-6"6'-11"11'-5" 22'-10" 22'-10" 20'-3"48'-10" 22'-10" 43'-1" A-3 FLOOR PLAN &ELECTRICAL PLAN
SCALE: 3/16" = 1'-0"EXISTING/DEMO 2ND STORY FLOOR PLAN
NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

EXISTING WALLS TO BE DEMOLISHED
EXISTING WINDOWS TO BE REMOVED AND OPENING TOBE COVERED5EXISTING DOORS TO BE REMOVED7EXISTING PLANTERS TO PROTECT IN PLACE8EXISTING COLUMNS TO PROTECT IN PLACE9EXISTING WINDOWS TO BE REPLACED PER WINDOWSCHEDULE10EXISTING DOOR TO PROTECT IN PLACE EXISTING STAIRS TO PROTECT IN PLACE4EXISTING PLUMBING FIXTURES TO BE DEMOLISHED1 1 1
1 1 1
1 1
1 1
1 1
1 1
1 12
2 3
3 3
3 3
3 3
33 4
5 5
5 5
5 5
5 5 6
6 66
6 6
6 6
6 6 6 6
6 8
8 9
9 9
9 9
9 10
10 Packet Pg.
474

2'-3"10'-4"11'-5" 24'-10" 22'-10" 22'-10" 20'-3"2'-7"
117'-4"
10'-3"14'-10"13'-6"2'-2"12'-8"43'-2"
9'-4" 11'-0"
1'-9"
7'-4"16'-0"6'-9"2'-0"12'-10"2'-0"12'-10"2'-0"9'-9"2'-2"12'-0"9'-5" 11'-10" 2'-0"15'-6"2'-0"12'-4"3'-2"2'-0"15'-5"2'-0"15'-10"2'-0"15'-5"2'-0"15'-5"2'-0"15'-6"2'-0"2'-0" 35'-5"
31'-10" 75'-3" 19'-6"
7'-9"
6'-7"1'-10"6'-1"1'-10"6'-6"
20'-8"
24'-0" 24'-10" 22'-10" 22'-10" 22'-10"
31'-8" 30'-1"
8'-0" 13'-5"9'-0" 20'-10"4'-2"
6'-9"
7'-6"
APARTMENT 11,000.0 SQ.FT
(E)STORAGE
EXISTINGELECTRICALROOMCEIL.HIGH 9'-0"

DININGROOM
NEW KITCHENCEIL.HIGH 9'-0"WH

DININGROOM
WH
FAU
FAU
PantryNEW KITCHENCEIL.HIGH 9'-0"Pantry
APARTMENT 2785.50 SQ.FT
WHDININGROOMFAUNEW KITCHENCEIL.HIGH 9'-0"
NEW LIVING ROOMCEIL.HIGH 9'-0"APARTMENT 3679.0 SQ.FT
(N)W.I.C.
(N)W.I.C.

APARTMENT 4726.0 SQ.FT
DININGROOMNEW KITCHENCEIL.HIGH 9'-0"
NEW LIVING ROOMCEIL.HIGH 9'-0"
NEW LIVING ROOMCEIL.HIGH 9'-0"NEW LIVING ROOMCEIL.HIGH 9'-0" NEW BEDROOMCEIL.HIGH 9'-0"
NEW BEDROOMCEIL.HIGH 9'-0"
NEW BEDROOMCEIL.HIGH 9'-0"
NEW BEDROOMCEIL.HIGH 9'-0"
NEW BEDROOMCEIL.HIGH 9'-0"
NEW BEDROOMCEIL.HIGH 9'-0"
WH
NEW LIVING ROOMCEIL.HIGH 9'-0"

DININGROOM
APARTMENT 5830.50 SQ.FTNEW KITCHENCEIL.HIGH 9'-0"
W.I.C.WH
PantryWH
DININGROOMNEW KITCHENCEIL.HIGH 9'-0"
NEWLIVING ROOMCEIL.HIGH 9'-0"W.I.C.

APARTMENT 6794.00 SQ.FT
(N)W.I.C.
11'-7"
10'-6"12'-0"
9'-8"12'-0"
10'-0"8'-0"
12'-9"
9'-2"
2'-0"
10'-10"8'-1"
9'-1"
10'-4"
10'-11"
24'-10" 21'-2"
23'-4"
3'-6"3'-0"
3'-6"
123
NEW SHOWER W/ 70" HIGH OF GREEN GYPSUM BOARD3 WALLS MINIMUM. CONTROL VALVE FOR TUB/SHOWERCOMBO SHALL BE OF THE PRESSURE BALANCE ORTHERMOSTATIC MIXING VALVE TYPE 46 EXISTING STAIRS TO PROTECT IN PLACE
FOR 20" CLEAR WIDTHMIN. SIZE WINDOW

2. 24" MIN. CLEAR HEIGHT3. 5.7 SF MIN. OPENABLE AREA1. 20" MIN. CLEAR WIDTH44" MAX AREA41" CLEAROPENABLE
MIN. SIZE WINDOWFOR 24" CLEAR HEIGHTFLOOR LEVEL
OPENABLE AREA34 1/8" CLEAR24" CLEAR

EMERGENCY SCAPE / EXIT WINDOW

4. 44" MAXIMUM FINISHED SILL HEIGHT

NUMBERED KEY NOTES
A-4 1ST STORYFLOOR PLAN
NEW 2x4 STUDS @ 16" O.C.WALL SCHEDULENEW 2x6 STUDS @ 16" O.C.

NEW COMBO DRYER AND WASHER MACHINE

ABOVE FINISH FLOOR
NEW STOVE W/ KITCHEN FAN HOOD 250 CFM .

CONTROL VALVE FOR SHOWERS OR TUB-SHOWERS SHALL BE ANTI-SCALDING OR THERMOSTATIC MIXING VALVE1.MAXIMUM FLOW RATE STANDARDS:WATER CLOSETS:2.SHOWERHEADS:KITCHEN FAUCETS:1.28 GPF2.0 GPM 80 PSI1.8 GPM 60 PSI

PLUMBING NOTES
LAVATORIES FAUCETS:1.2 GPM 60 PSIURINALS:1.5 GPM SHOWER AND TUB-SHOWER COMBINATIONS SHALL BEPROVIDED WITH INDIVIDUAL CONTROL VALVES OF THEPRESSURE BALANCE, THERMOSTATIC, OR COMBINATIONPRESSURE BALANCE/THERMOSTATIC MIXING VALVETYPE THAT PROVIDE SCALD AND THERMAL SHOCKPROTECTION. THESE VALVES SHALL CONFORM TO ASSE1016 OR ASME A 112.18.1/CSA 8125.1. HANDLE POSITIONSTOPS SHALL BE PROVIDED ON SUCH VALVES ANDSHALL BE ADJUSTED PER THE MANUFACTURER'SINSTRUCTIONS TO DELIVER A MAXIMUM MIXED WATERSETTING OF 120°F. WATER HEATING THERMOSTATSSHALL NOT BE CONSIDERED A SUITABLE CONTROL FORMEETING THIS PROVISION. (CPC 408.3).

3. DOMESTIC DISHWASHERS REQUIRE AN APPROVEDDISHWASHER AIR GAP FITTING ON THE DISCHARGE SIDEOF THE DISHWASHER . LISTED AIR GAPS SHALL BEINSTALLED WITH THE FLOOD-LEVEL (FL) MARKING AT ORABOVE THE FLOOD-LEVEL OF THE SINK OR DRAINBOARD,WHICHEVER IS HIGHER. (CPC 807.3).4.

EXISTING OPENING TO BE CLOSED
5NEW DOUBLE SINK W/GARBAGE DISPOSAL7NEW KITCHEN CABINETS8NEW REFRIGERATOR9 EXISTING 2x STUDS TO PROTECT IN PLACEEXISTING 2x STUDS TO BE REMOVED SCALE: 3/16" = 1'-0"NEW 1ST STORY FLOOR PLAN
10EXISTING OPENING TO BE CLOSED TYP.1112EXISTING GUARDRAIL TO PROTECT IN PLACE13 NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

DOOR A B
DC
SIZE6'-0" x 6'-8"
5'-0" x 6'-8"
2'-0" x 6'-8"
NEW DOOR SCHEDULETYPE.

SLIDING/CLOSET
REMARKSWOOD H.C
2'-8" x 6'-8"SWING
WOOD H.C.

WOOD H.C
E5'-0" x 6'-8"BI-FOLDWOOD H.C.DOUBLEF3'-0" x 6'-8"SWINGSOLID COREG DOOR 1 SIZE3'-0" x 6'-8"EXISTING DOOR SCHEDULETYPE.REMARKSSWINGWOOD SOLID CORE INSTALL COMBUSTIONAIR INTAKE GRILLES12"x10" (ONE AT 12"FROM TOP AND ONEAT 12" FROM FLOOR)SWING WOOD H.C.2'-10" x 6'-8"SWINGWOOD H.C.
2'-4" x 6'-8"WOOD H.CH SWING4'-0" x 6'-8"WOOD H.CI BI-FOLDDOUBLE4'-0" x 6'-8"SLIDING/CLOSETWOOD H.CJ

BI-FOLDDOUBLE
1 1

EXISTING COLUMNS TO PROTECT IN PLACE
2 22
2 2
22 2
2 EXISTING DOORS TO PROTECT IN PLACE
3 3
3 3
3 3
33 3

EXISTING WINDOWS TO PROTECT IN PLACE
44 4 4
4 4

EXISTING WINDOWS TO BE REPLACED PER WINDOWSCHEDULE
5 5 5
5 5
5 5
5 5
6 6
6 6
6 6
7 7
7 7
7 7
8 9
8 9
9 9
9 1010
10 10
10 10
10 10
10 11
11 11
11 11
12 12
12 12
12 12
EXISTING PLANTERS TO PROTECT IN PLACE14
14 14
14 14
2 PROPOSEDCOMMON OPEN SPACE(1,057 SF. )
3'-0" x 5'-0"WINDOW2 SIZE1 DUAL GLASSREMARKSTYPE.NEW WINDOW SCHEDULE 2'-10" x 5'-0"DUAL GLASSUP AND DWNDESCRIPTION
32'-0" x 1'-0"DUAL GLASSAL. SLD.TEMPERED GLASSUP AND DWN 2 2
15PROPOSED OPEN SPACE OUTLINE (1,057 SF)15
15 16PROPOSED PICNIC TABLE & BENCHES
16 16
1 1
1 Packet Pg.
475

4'-6" 17'-8" 20'-9"
15'-0"
17'-8" 8'-4"
16'-10"10'-7"12'-6"
12'-6"9'-0"10'-0"10'-8"8'-6"7'-9"14'-10"13'-9" 126'-6"
11'-0"6'-0"10'-6"10'-6" 11'-3"9'-8" 11'-0"
72'-7"
2'-3"10'-4"8'-7" 16'-1" 8'-9" 22'-10" 22'-10" 20'-3"48'-10" 22'-10" 43'-1"

EXISTING ROOF
(E)STORAGE(E)ATTICACCESS EXISTING ROOFDWN
DWN

DININGROOM
NEWBEDROOMCEIL.HIGH 9'-0"
NEWBEDROOMCEIL.HIGH 9'-0"
NEW LIVING ROOMCEIL.HIGH 9'-0"APARTMENT 7905.00 SQ.FTWHNEW KITCHENCEIL.HIGH 9'-0" PantryWH
DININGROOMNEW KITCHENCEIL.HIGH 9'-0"
NEWLIVING ROOMCEIL.HIGH 9'-0"W.I.C.

APARTMENT 12794.00 SQ.FT
NEWBEDROOMCEIL.HIGH 9'-0"
NEWBEDROOMCEIL.HIGH 9'-0"DININGROOMNEW KITCHENCEIL.HIGH 9'-0" NEWLIVING ROOMCEIL.HIGH 9'-0"WH
APARTMENT 8926.00 SQ.FT
APARTMENT 9711.00 SQ.FT
NEWBEDROOMCEIL.HIGH 9'-0"
NEWLIVING ROOMCEIL.HIGH 9'-0"WH

DININGROOM
W.I.C.

NEW KITCHENCEIL.HIGH 9'-0"
APARTMENT 11971.00 SQ.FT
APARTMENT 10865.50 SQ.FT
NEWBEDROOMCEIL.HIGH 9'-0"
WHNEWLIVING ROOMCEIL.HIGH 9'-0"

DININGROOM
NEWBEDROOMCEIL.HIGH 9'-0"
NEWBEDROOMCEIL.HIGH 9'-0"
W.I.C.

NEWLIVING ROOMCEIL.HIGH 9'-0"
WH DININGROOMNEW KITCHENCEIL.HIGH 9'-0"
NEWBEDROOMCEIL.HIGH 9'-0"
laundry
2'-10"
2'-8"
5'-8" 8'-6"5'-2" 12'-6" 2'-4"5'-4"
23'-1"
17'-0" 24'-5"10'-6" 20'-8"
FOR 20" CLEAR WIDTHMIN. SIZE WINDOW

2. 24" MIN. CLEAR HEIGHT3. 5.7 SF MIN. OPENABLE AREA1. 20" MIN. CLEAR WIDTH44" MAX AREA41" CLEAROPENABLE
MIN. SIZE WINDOWFOR 24" CLEAR HEIGHTFLOOR LEVEL
OPENABLE AREA34 1/8" CLEAR24" CLEAR

EMERGENCY SCAPE / EXIT WINDOW

4. 44" MAXIMUM FINISHED SILL HEIGHT A-5 2ND STORYFLOOR PLAN NEW 2x4 STUDS @ 16" O.C.WALL SCHEDULENEW 2x6 STUDS @ 16" O.C.

ABOVE FINISH FLOOR
CONTROL VALVE FOR SHOWERS OR TUB-SHOWERS SHALL BE ANTI-SCALDING OR THERMOSTATIC MIXING VALVE1.MAXIMUM FLOW RATE STANDARDS:WATER CLOSETS:2.SHOWERHEADS:KITCHEN FAUCETS:1.28 GPF2.0 GPM 80 PSI1.8 GPM 60 PSI

EXISTING OPENING TO BE CLOSEDEXISTING 2x STUDS TO PROTECT IN PLACEEXISTING 2x STUDS TO BE REMOVED SCALE: 3/16" = 1'-0"NEW 2ND STORY FLOOR PLAN
NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

DOOR A B
DC
SIZE6'-0" x 6'-8"
5'-0" x 6'-8"
2'-0" x 6'-8"
NEW DOOR SCHEDULETYPE.

SLIDING/CLOSET
REMARKSWOOD H.C
2'-8" x 6'-8"SWING
WOOD H.C.

WOOD H.C
E5'-0" x 6'-8"BI-FOLDWOOD H.C.DOUBLEF3'-0" x 6'-8"SWINGSOLID COREG DOOR 1 SIZE3'-0" x 6'-8"EXISTING DOOR SCHEDULETYPE.REMARKSSWINGWOOD SOLID CORE 3'-0" x 5'-0"WINDOW2 SIZE1 DUAL GLASSREMARKSTYPE.NEW WINDOW SCHEDULE 2'-10" x 5'-0"DUAL GLASSUP AND DWNDESCRIPTION
32'-0" x 1'-0"DUAL GLASSAL. SLD.TEMPERED GLASSUP AND DWN INSTALL COMBUSTIONAIR INTAKE GRILLES12"x10" (ONE AT 12"FROM TOP AND ONEAT 12" FROM FLOOR)SWING WOOD H.C.2'-10" x 6'-8"SWINGWOOD H.C.
2'-4" x 6'-8"WOOD H.CH SWING4'-0" x 6'-8"WOOD H.CI BI-FOLDDOUBLE4'-0" x 6'-8"SLIDING/CLOSETWOOD H.CJ 1 C
1 1
C
C
C
C
C
C
CD
D
D D DD
D
D
DD
DD
E
E
I
II
E
II
F
FF
J
G
G
G G
G
G
JH
H
H

BI-FOLDDOUBLE
A
1 1
1 1 1 11
1 1
1 1
111111 11 111
1 3
3 3
3 3
1 1
1111
1 123
NEW SHOWER W/ 70" HIGH OF GREEN GYPSUM BOARD3 WALLS MINIMUM. CONTROL VALVE FOR TUB/SHOWERCOMBO SHALL BE OF THE PRESSURE BALANCE ORTHERMOSTATIC MIXING VALVE TYPE 46 EXISTING STAIRS TO PROTECT IN PLACENUMBERED KEY NOTES

NEW COMBO DRYER AND WASHER MACHINE
NEW STOVE W/ KITCHEN FAN HOOD 250 CFM .5NEW DOUBLE SINK W/GARBAGE DISPOSAL7NEW KITCHEN CABINETS8NEW REFRIGERATOR910EXISTING OPENING TO BE CLOSED TYP.1112EXISTING GUARDRAIL TO PROTECT IN PLACE13

EXISTING COLUMNS TO PROTECT IN PLACEEXISTING DOORS TO PROTECT IN PLACEEXISTING WINDOWS TO PROTECT IN PLACEEXISTING WINDOWS TO BE REPLACED PER WINDOWSCHEDULE 1 1
13 13
13 1313
1 2
2 2
2 2 2
2 3
3 3
3 3
4 4
4 4 44
5 5
5 5
5 5 5 5
55 5
6 6
6 6
66 7
7 7
7 77
8 8
8 8
99 9
9 9
9 1010 10
101
1010
1010
1010
10 1010 1010
10 10
11 11
11 11
11 11
12 121012
12 12
12 EXISTING PLANTERS TO PROTECT IN PLACE14

Packet Pg.
476

NUMBERED KEY NOTES12
NEW 7/8" EXTERIOR STUCCO PLASTER TO MATCHEXISTING ICBO ER-1025 (PROVIDE 2-LAYER OF GRADE DPAPER UNDER STUCCO WHEN OVER WOOD SHEATING) 4EXISTING BRICK SIDING TO PROTECT IN PLACE578910111213

EXISTING ROOF TILE TO PROTECT IN PLACE

ELEVATIONS
A-6

EXISTING PLANTERS TO PROTECT IN PLACE

EXISTING STUCCO TO PROTECT IN PLACE

EXISTING COLUMNS TO PROTECT IN PLACE
NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

EXISTING WINDOWS TO PROTECT IN PLACENEW WOOD SIDING TO MATCH EXISTING

NEW WINDOWS PER WINDOW SCHEDULE
3/16"=1'-0"BACK ELEVATION2
11 1 1
22 2
2 33
3 3
33 3
3 1
44 44 4

EXISTING DOOR/GATE TO PROTECT IN PLACE
5 3
6EXISTING WROUGHT IRON FENCE TO PROTECT IN PLACE
6 EXISTING WINDOW TO BE REMOVED AND CLOSED OUT
77 77
7 8 8 899 99 9
10 10
1010
1111
12 1212
121212
13 14 13 1414
14 141414 13
13 14NEW WINDOW TO REPLACE EXISTING WINDOW
13 13 13 13

EXISTING BUILDING FACADE WILL BE PROTECTED IN PLACE,WINDOWS WILL BE REPLACED PER WINDOW SCHEDULE 13 Packet Pg.
477

25'-0"
3/16"=1'-0"RIGHT ELEVATION3

ELEVATIONS
A-7NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

SHEET NO:DATE:HECTOR M. MORENO R.C.E. EXP. 06/30/22
reference: DATE
APPLICANT / DEVELOPER:PENNY MORE LLC1490 N D STSAN BERNARDINO,CA 92405 10-12-22 C O R P O R A T I O N
AEC | Moreno Corp.236 W. ORANGE SHOW RD.SUITE 112SAN BERNARDINO, CA 92408Office: (909) 440-2855Fax: (909) 533-2263 1490 N D STSAN BERNARDINO,CA 92405236 W. ORANGE SHOW RD. SUITE 112SAN BERNARDINO, CA 92408Office: (909) 440-2855Fax: (909) 533-2263www.aecmoreno.com CONVERSION OF EXISTING OFFICEBUILDING TO APARTMENT COMPLEX1Preliminary Application 22-02 Revisions(02/23/2022)MD 04/01/222DP-P22-03 Application Revisions #1(07/28/2022)MD08/12/22 3/16"=1'-0"BACK ELEVATION4
NUMBERED KEY NOTES12
NEW 7/8" EXTERIOR STUCCO PLASTER TO MATCHEXISTING ICBO ER-1025 (PROVIDE 2-LAYER OF GRADE DPAPER UNDER STUCCO WHEN OVER WOOD SHEATING) 4EXISTING BRICK SIDING TO PROTECT IN PLACE578910111213

EXISTING ROOF TILE TO PROTECT IN PLACE

EXISTING PLANTERS TO PROTECT IN PLACE

EXISTING STUCCO TO PROTECT IN PLACE

EXISTING COLUMNS TO PROTECT IN PLACE
3EXISTING WOOD TRIM AND SIDING TO PROTECT INPLACE

EXISTING WINDOWS TO PROTECT IN PLACENEW WOOD SIDING TO MATCH EXISTING

NEW WINDOWS PER WINDOW SCHEDULE
EXISTING DOOR/GATE TO PROTECT IN PLACE6EXISTING WROUGHT IRON FENCE TO PROTECT IN PLACEEXISTING WINDOW TO BE REMOVED AND CLOSED OUT 11 1
1 111
2 22
3 3
3 33
33 34
45 7
77 77 77
7 7
9 9
9 7
11 1111 11
2 2
12 12 12
12 12
14NEW WINDOW TO REPLACE EXISTING WINDOW
1313
13 1414
141414 14

EXISTING BUILDING FACADE WILL BE PROTECTED IN PLACE,WINDOWS WILL BE REPLACED PER WINDOW SCHEDULE

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COLOR ELEVATIONS
A-8NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

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COLOR ELEVATIONS
A-9
NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

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RENDER
A-10NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

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COLOR & MATERIALSAMPLE BOARD
A-11NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

SHEET NO:DATE:HECTOR M. MORENO R.C.E. EXP. 06/30/22
reference: DATE
APPLICANT / DEVELOPER:PENNY MORE LLC1490 N D STSAN BERNARDINO,CA 92405 10-12-22 C O R P O R A T I O N
AEC | Moreno Corp.236 W. ORANGE SHOW RD.SUITE 112SAN BERNARDINO, CA 92408Office: (909) 440-2855Fax: (909) 533-2263 1490 N D STSAN BERNARDINO,CA 92405236 W. ORANGE SHOW RD. SUITE 112SAN BERNARDINO, CA 92408Office: (909) 440-2855Fax: (909) 533-2263www.aecmoreno.com CONVERSION OF EXISTING OFFICEBUILDING TO APARTMENT COMPLEX1Preliminary Application 22-02 Revisions(02/23/2022)MD 04/01/222DP-P22-03 Application Revisions #1(07/28/2022)MD08/12/22 COLORS & MATERIALS1
2 3
EXISTING WOOD TRIMMING TO PROTECT IN PLACEAND TO BE PAINTED SHERWIN WILLIAMS:COLOR SW 7076 CYBERSPACESYM.DESCRIPTIONCOLOR 4 1
EXISTING BRICK SIDING TO PROTECT IN PLACE TO BEPAINTED SHERWIN WILLIAMS:COLOR SW 7757 HIGH REFLECTIVE WHITE 1 1
1 2 24
4 4
EXISTING FASCIA TO PROTECT IN PLACE TO BE PAINTEDSHERWIN WILLIAMS:COLOR SW 6258 TRICOM BLACK33 3 3
EXISTING STUCCO SIDING TO PROTECT IN PLACE TO BEPAINTED SHERWIN WILLIAMS:COLOR SW 7757 HIGH REFLECTIVE WHITE 2 1
4 44
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A-12
NO. REVISEDBYAPPROVEDBYREVISION
PROJECT ADDRESS:

SHEET NO:DATE:HECTOR M. MORENO R.C.E. EXP. 06/30/22
reference: DATE
APPLICANT / DEVELOPER:PENNY MORE LLC1490 N D STSAN BERNARDINO,CA 92405 10-12-22 C O R P O R A T I O N
AEC | Moreno Corp.236 W. ORANGE SHOW RD.SUITE 112SAN BERNARDINO, CA 92408Office: (909) 440-2855Fax: (909) 533-2263 1490 N D STSAN BERNARDINO,CA 92405236 W. ORANGE SHOW RD. SUITE 112SAN BERNARDINO, CA 92408Office: (909) 440-2855Fax: (909) 533-2263www.aecmoreno.com CONVERSION OF EXISTING OFFICEBUILDING TO APARTMENT COMPLEX1Preliminary Application 22-02 Revisions(02/23/2022)MD 04/01/222DP-P22-03 Application Revisions #1(07/28/2022)MD08/12/22 COLORS & MATERIALS1
2 3
EXISTING WOOD TRIMMING TO PROTECT IN PLACEAND TO BE PAINTED SHERWIN WILLIAMS:COLOR SW 7076 CYBERSPACESYM.DESCRIPTIONCOLOR 4 EXISTING BRICK SIDING TO PROTECT IN PLACE TO BEPAINTED SHERWIN WILLIAMS:COLOR SW 7757 HIGH REFLECTIVE WHITE 1 EXISTING FASCIA TO PROTECT IN PLACE TO BE PAINTEDSHERWIN WILLIAMS:COLOR SW 6258 TRICOM BLACKEXISTING STUCCO SIDING TO PROTECT IN PLACE TO BEPAINTED SHERWIN WILLIAMS:COLOR SW 7757 HIGH REFLECTIVE WHITE 1 11
11 1
1 2
23 3
34 4 4
4 4

COLOR & MATERIALSAMPLE BOARD

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5.00'

4.00'

9.83'

2.75'

30.00'

6.00'

NOPARKING

15.00'

10.00'

18.00'

25.50'18.00'18.00'

9.00'

25.50'

20.00'

16.32'

15.00'8.00'

8.00'

12.27'

5.00'4.00'

4.00'

26.27' 26.06'

3.00'

4.00'

9.00'
Ligustrum japonicum 'Texanum'
Senecio mandraliscae `Blue Chalk Sticks`
Callistemon viminalis 'Little John'

EXISTING LANDSCAPEPROTECT IN PLACE
EXISTING MATUREPINE TREE (x3)PINUS CANARIENSIS.PROTECT IN PLACEEXISTING MATUREQUEEN PALMSYGRUSROMANZOFFIANAPROTECT IN PLACE

EXISTING MATUREQUEEN PALMSYGRUSROMANZOFFIANAPROTECT IN PLACEEXISTING PURPLEPLUM TREEPRUNUSCERASIFERAPROTECT IN PLACE EXISTING MATUREPINE TREE (x3)PINUS CANARIENSIS.PROTECT IN PLACE

EXISTING PURPLEPLUM TREEPRUNUSCERASIFERAPROTECT IN PLACE

EXISTING MATUREQUEEN PALMSYGRUSROMANZOFFIANAPROTECT IN PLACE

EXISTING LANDSCAPEPROTECT IN PLACE

PLANT SCHEDULE
FILE:I:\00_MLAS\2022\22.02_AEC_1490 N D ST-SAN BERNARDINO\22.02-CONCEPTUAL LANDSCAPE PLAN-8-12-22.DWG 9/13/2022 10:28:14 AM DATEREVISIONSNO.

PROJECT ADDRESS:

OF 1
APPLICANT:

JOB NO.SHEET NUMBER

SEAL - DESIGN
D ST.APARTMENTCOMPLEX
THIS DRAWING, AS AN INSTRUMENT OF SERVICE, IS THEPROPERTY OF THE LANDSCAPE ARCHITECT AND MAY NOTBE REPRODUCED WITHOUT THE LANDSCAPE ARCHITECT'SPERMISSION AND UNLESS THE REPRODUCTION CARRIESTHE LANDSCAPE ARCHITECT'S NAME. ALL DESIGN ANDOTHER INFORMATION SHOWN ON THE DRAWING ARE FORUSE ON THE SPECIFIED PROJECT ONLY AND SHALL NOT BEUSED OTHERWISE WITHOUT WRITTEN PERMISSION FROMTHE LANDSCAPE ARCHITECT.WRITTEN DIMENSIONS SHALL HAVE PRECEDENCE OVERSCALED DIMENSIONS. CONTRACTORS SHALL VERIFY ANDBE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONSON THE JOB AND THE LANDSCAPE ARCHITECT IS TO BEINFORMED OF ANY VARIATIONS FROM THE DIMENSIONSAND CONDITIONS SHOWN ON THE DRAWINGS. EXISTINGCONDITIONS AND LOCATIONS OF UTILITIES HAVE NOT BEENVERIFIED INDEPENDENTLY. IT SHALL BE THERESPONSIBILITY OF THE CONTRACTOR BEFORE BEGINNINGWORK TO DETERMINE THE EXACT LOCATION OF ALLEASEMENTS AND EXISTING UTILITIES. THE CONTRACTORSHALL BE RESPONSIBLE FOR SECURING ALL PERMITS ANDENGINEERING REQUIRED NOT INCLUDED IN THESEDRAWINGS. CIVIL, STRUCTURAL AND MECHANICALENGINEERING BY OTHERS. GRADING AND DRAINAGE BYOTHERS.SHOP DRAWINGS MUST BE SUBMITTED TO THE LANDSCAPEARCHITECT FOR REVIEW BEFORE PROCEEDING WITHFABRICATION.

DATE:SCALE:DRAWN:JMPER PLAN09-13-2022

SHEET TITLEPLAN SET

22.02 LANDSCAPE ARCHITECTUREPLANS FOR:

CONCEPTUAL LANDSCAPE PLAN
09-13-2022
MACIAS LANDSCAPE ARCHITECURE STUDIO, INC.M L A SM L A S PENNY MORE LLC.1490 N. D STSAN BERNARDINO, CA 92405
1490 N. D ST.SAN BERNARDINO, CA 92405
CONCEPTUAL LANDSCAPE PLANCONVERSION OF EXISTING OFFICE BUILDING TOAPARTMENT COMPLEXAPN:0145-181-13,0145-181-03 & 0145-181-04KEY NOTES12345678 PARKING STRIPING STALL (9'-0"x18'-0")ACCESSIBLE ROUTE FROM PUBLIC STREET EXISTING PARKING LOT LIGHT POST TO PROTECT IN PLACE9
EXISTING DRIVEWAY APPROACH TO TO BE MODIFIED TO MEET CITYSTANDARDS NO. 204 TYPE II, PLEASE SEE STREET IMPROVEMENT PLANSNEW PROPOSED TRASH ENCLOSURE ( 8'X15'- 2- 4 CY.) PER CITY OFSAN BERNARDINO STANDARD 508 EXISTING CONCRETE WALKWAY TO PROTECT IN PLACEEXISTING LANDSCAPE TO PROTECT IN PLACE TO PROTECT IN PLACEINTEGRATED WASTE'S TURNING TEMPLATE, TO DO 180° TURN AND BACKUP TO PROPOSED TRASH ENCLOSURE LOCATION10EXISTING PALM TRESS TO PROTECT IN PLACE11EXISTING PLANTER IN COURTYARD TO PROTECT IN PLACE12EXISTING WROUGHT IRON SLIDING GATE TO PROTECT IN PLACE13EXISTING WROUGHT MAN GATE TO PROTECT IN PLACE14EXISTING CMU BLOCK FENCE TO PROTECT IN PLACE15EXISTING WROUGHT IRON FENCE WITH PILASTERS TO PROTECT IN PLACE16CURB AND GUTTER TO PROTECT IN PLACE17EXISTING SIDEWALK TO PROTECT IN PLACE1ST FLOOR COURTYARD OUTLINE18EXISTING GAS METER LOCATIONS19EXISTING AC PAVEMENT DRIVEWAY TO PROTECT IN PLACE2021PROPOSED OPEN SPACE OUTLINE (1,057 SF)221 ACCESSIBLE PARKING SIGN TYP. 70" SQ. ON POLE (ADDITIONALSIGN STATING: VAN ACCESSIBLE IF VAN).AN ADDITIONAL SIGNBELOW THE INT. SYMBOL OF ACCESSIBILITY SHALL STATE "MINIMUM FINE $250.00" SEE DETAIL R ON SHEET DS-1.23 VAN ACCESSIBLE PARKING (9'x19') PROPOSED ACCESSIBLE PATH OF TRAVEL 5% MAX SLOPE AND A MAX.CROSS SLOPE OF 2% NOT IN USE24NEW CURB & GUTTER PER STREET IMPROVEMENT PLANS25PROPOSED LANDSCAPE26NOT IN USE2728TYPICAL PAVEMENT SYMBOL 36" SQUARE WHEELCHAIR W/ OCCUPANT INWHITE ON BLUE BACKGROUND.29PROPOSED CMU BLOCK WALL TO MATCH EXISTING30EXISTING ELECTRICAL TRANSFORMER TO PROTECT IN PLACE31PROPOSED STAIRS32PROPOSED WROUGHT IRON FENCE33PROPOSED COLUMN34PROPOSED CURB 2 1
D ST.CL
1 1
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3TYP.
3TYP.
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13 13
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14 15
15 15
15 16
16 1616
17 1717
18 18
GGGGGGGGGG19
19 20 20
20 20
EXISTING PROPERTY LINE 100.00'EXISTING PROPERTY LINE 50.00'EXISTING PROPERTY LINE 48.18.00' EXISTING PROPERTY LINE 100.00'EXISTING PROPERTY LINE 50.00'EXISTING PROPERTY LINE 48.18.00' EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
EXISTING PROPERTY LINE 145.00'
22 22
DEDICATION1
2123
215TH ST.CL CL
MAGNOLIA AVE.CL CL
4 4
2525
2626
28 29
30 3233
3434
1 1
3131
2 144 SF
20 26
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CITY OF SAN BERNARDINO

PLANNING DIVISION
PROJECT: DP-P 22-03

AERIAL MAP
HEARING DATE: MARCH 15, 2023 NORTH
ATTACHMENT 4 –AERIAL MAP

PROJECT SITE

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4 5

CITY OF SAN BERNARDINO

PLANNING DIVISION
PROJECT: DP-P 22-03

LOCATION/ZONING MAP
HEARING DATE: MARCH 15, 2023 NORTH
ATTACHMENT 5 – LOCATION/ZONING MAP

PROJECT SITE

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Development Permit Type-P 22-03
Presented by Elizabeth Mora-Rodriguez, Senior Planner
Community, Housing and Economic Development Department

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Proposed Project:
• Description: Conversion of an existing two-story office building containing approximately 9,988 square feet into an apartment complex consisting of twelve (12) multiple-family residential units
• Project Address: 1490 North D Street
• Project Site Size: 0.68 acres
• Zoning: Commercial Office (CO) and Adaptive Reuse (AR) Overlay

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Aerial Map:

PROJECT SITE

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Zoning Designation:

PROJECT SITE

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Analysis:

PROPERTY SITE DEVELOPMENT
- 1st and 2nd floors - 6 residential units on
each floor.
- Size range from 711 to 1,000 square feet.
- Bedrooms range from one (1) to two (2)
bedrooms.
- Independent kitchen with washer/drier
availability.
- A 1,057 square foot open space courtyard.
- 24-hour Security Cameras.

ACCESS
- Primary access via
2 driveways
approaches on W.

Magnolia Avenue
- 21 parking spaces
with 2 accessible
parking spaces

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Existing Site:

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Rendering:

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Site Plan:

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Floor Plan:

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Floor Plan:

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Landscape Plan:

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Recommendation:

That the Mayor and City Council:
• Adopt Resolution No. 2023-XX of the Mayor and City Council of the City of San Bernardino, California approving
Development Permit Type-P22-03.

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This space for filing stamp only

OR#:

O R A N G E C O U N T Y R E P O R T E R

~ SINCE 1921 ~

600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION

(2015.5 C.C.P.)

State of California )
County
of Orange
) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and
entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3675598
Jessica Nametz

CITY OF SAN BERNARDINO/DEVELOPMENT SER
300 NORTH D ST #300
SAN BERNARDINO, CA - 92418

HRG - NOTICE OF HEARING

NOTICE OF PUBLIC HEARING BEFORE THE MAYOR AND CITY

COUNCIL
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
03/04/2023
03/06/2023

SAN BERNARDINO
!A000006249037!
Email

NO T ICE O F PUBLIC HEA RING

BEF ORE THE MAY OR A ND

CITY COUN CIL
Not ice is he reby given that the City
of San Be rnard ino Mayor and City
Coun cil will hold a public hearing on
We dnesd ay, March 15, 20 23at 7:00
p.m. in the Feldheym P ublic
Libra ry, Bing Wong Auditori um, 555
W. 6 th Street, San Bernar dino,
California 92410, on the following
item(s):

DE VELO PMENT P ERMIT T YPE -
P 22 -03 -- - A request to allow the
conv ersion of an existing two -story
office building containing
appro ximatel y 9,988square feet into
an apartment com plex consisting of
twelve (12) m ultiple -family
residential un its on a project site
consisting of three (3)parce ls
conta ining a total of approximately

0.68 acres. T he project site islocated
at 1490 North D Street (APN: 0145 -
181 -03, 04, and 13), within the
Commer cialOffice (CO)zone.

En vironmental Deter min ation:

Categorical ly Exem pt, pursuant to
Section 15303(New Const ruction or
Conve rsion of Smal l Structures)an d
Section 15332 (In -FillDevel opme nt
Proj ects) of the State CEQA
Gu ideline s
Appl icant: Jose Po nce
Ow ner: Penny More, LLC
CON DIT IONAL U SE P ER MIT 21 -
18 AN D PUB LIC CONVE NIEN CE
OR N ECESS ITY LETTER 21 -07 - A
request to allow the develo pme nt,
establishment, and oper ation of a
mar ket with an Alcoholic Bev erag e
Control Type 21 (Off -Sale Genera l)
License wit hin an existing bu ilding
conta ining appr oxim ately 2,024
square feet on a parcel containing
appro ximatel y 0.45 acr es. T he
project siteislocated at 182 0 West 5 th
Street between N . Medical Center
Drive and N. Rancho Avenue, Wa rd
1 En vironmental Deter min atio n:

Statutorily E xem pt, purs uan t to
Section 152 70 (Projects Which Are
Di sappr oved) of the State CEQA
Gu ideline s
Appl icant: Z hou H ui
Ow ner: Fernand o Cas tro
The Mayor and City Council of the
City of San Bernardino w elcome s
you r par ticipation in eva luating
the se items. The Mayor and City
Counc ilwill rev iew the proposal an d
wi ll consider the pro posed
env ironmental determ ination in
maki ng its decisions. The pub lic is
welco me to speak at the public
hea ring or to submit written
comm ents prior to the hearin g. For
m ore informa tion, please contac t
the City Clerk'sOf fice by phone at
(909)384 -5002.

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If you challenge the resultant action
of the Mayor and City Coun cil in
court, you may be limited to raising
only those issues you or someo ne
else raised at the public h eari ng
described in thisnotice, or in written
correspondence delivered to the City
Plan ning Division at, or prior to,the
publ ic hearing.

Su bmitted: Februar y 27, 2023
Pu blish: M arch 04, 2 023 (Legal
Ad )
Please send first proof for
verification or changes by e -mail to
Jessica Nam etz:
namet z_je@sbci ty.org. Plea se
reference ‘‘ MCC Legal Ad ’’ on the
billing and send to the City of Sa n
Bernardino, Pla nning D ivision, 290
North D Street, San Ber nardin o, CA
92401.
3/4/2 3
SBS -3675598#

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: March 15, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Public Hearing on Annexation No. 33 to Community Facilities District 2019-1 (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023-046 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 33); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023-047 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 33); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1614 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1614 for April 5, 2023.

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Background
On February 1, 2023, the Mayor and City Council adopted Resolution No. 2023-026, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for March 15, 2023, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on February 2, 2023, at 1:30 p.m. in Book 90 Page 95, Document No. 2023-0024667 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 9.27 gross acres of a zoned industrial property within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of an industrial property. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and

2. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and

3. Maintenance of streets, including pavement management; and

4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed area to be annexed into the CFD will be included in Tax Zone 34 and is located at the northeast intersection of Lena Road and E Norman Road, as shown in Attachment #12.

The maximum annual special tax for this development has been calculated to be $2,943 per acre for FY 2023/24. This tax rate includes a Maximum Special Tax A of $2,785 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $158 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto.

If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual

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Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello- Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello- Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted February 1, 2023.
•Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District.

•Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for April 5, 2023.

Discussion
The Resolution of Intention called for a public hearing to be held on March 15, 2023 on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a)

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and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2023-046, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2023-047 declaring the results of the election. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $25,814 from Special Tax A to be used to pay for maintenance costs within the development.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

3. Hold a special landowner election and canvass the election; and

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6. Schedule the adoption of Ordinance No. MC-1614 for April 5, 2023.

Attachments
Attachment 1 Resolution No. 2023-046- Resolution Calling Election Attachment 2 Exhibit A Description of Territory
Attachment 3 Exhibit B Rate and Method of Apportionment Attachment 4 Exhibit C Special Election Ballot
Attachment 5 Resolution No. 2023-047- Resolution Declaring Election Results Attachment 6 Exhibit A Certificate of Election Results Attachment 7 Ordinance No. MC-1614
Attachment 8 Exhibit A Description of Services
Attachment 9 Exhibit B Parcel List
Attachment 10 Signed Petition and Waiver
Attachment 11 PowerPoint Presentation
Attachment 12 Project Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello- Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019- 1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance,

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services and expenses with respect to Community Facilities District No. 2019-1.

February 1, 2023 Mayor and City Council adopted Resolution No. 2023-026, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”

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RESOLUTION NO. 2023-046

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
33)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention; and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on February 1, 2023, duly adopted Resolution No. 2023- 026 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for March 15, 2023; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 33 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on February 2, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 95, in the office of the San Bernardino County Recorder; and

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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on March 15, 2023, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the March 15, 2023, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit “A” hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

SECTION 3.Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the

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special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of the Act.

SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit “B” hereto.

SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.

SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on March 15, 2023, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on February 8, 2023 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.

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(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit “C”.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on March 15, 2023. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on March 15, 2023, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.

SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 13. Effective Date. This Resolution shall become effective immediately.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of March 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-046, adopted at a regular meeting held on the 15th day of March 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 33 is currently comprised of twelve (12) parcels, located within the City boundaries.

The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0280-171-13 GWS #7 Development LLC
0280-171-14 GWS #7 Development LLC
0280-171-15 GWS #7 Development LLC
0280-171-16 GWS #7 Development LLC
0280-171-18 GWS #7 Development LLC
0280-171-19 GWS #7 Development LLC
0280-191-05 GWS #7 Development LLC
0280-191-06 GWS #7 Development LLC
0280-191-07 GWS #7 Development LLC
0280-191-08 GWS #7 Development LLC
0280-191-09 GWS #7 Development LLC
0280-191-10 GWS #7 Development LLC

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EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO

A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019 -1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019 -1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and prep aring the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inqui ries regarding the Special Tax es; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of s alaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019 -1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the Coun ty Assessor of the County.

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Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building.

“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.

“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).

“City” means the City of San Bernardino.

“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the P OA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.

“County” means the County of San Bernardino.

“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means the period from and including July 1 st of any year to and including the following
June 30th.

“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Maximum Special Tax ” means either Maximum Special Tax A and/ or Maximum Special Tax B (Contingent), as applicable.

“Maximum Special Tax A” means the Maximum Special Tax A, as determin ed in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

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Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent) ” means the Maximum Special Tax B (Contingent) , as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.

“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non -residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.

“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the ac tual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone , and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.

“Service(s)” means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 201 9-1 as set forth in the documents adopted by the City Council at the time the CFD was formed.

“Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019 -1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operatin g reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circu mstances shall the Special Tax A Requirement include funds for Bonds.

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Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, whic h are not Exempt Property.

“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non -Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the bui lding permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi- family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi- family building or buildings have been built on a n Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Un its by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s

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Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961

(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 20 20 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:

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Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961

On each July 1, commencing on July 1, 20 20 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338

On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:

(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 20 20 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Cate gory. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;

Second: I f additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;

Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has b een completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of

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Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The S pecial Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;

Second: I f additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;

Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as det ermined by the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 201 9-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

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APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

COST ESTIMATE

Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.

TAX ZONE 34
PM 20392

Item Description Estimated Cost
1 Landscaping $9,119
2 Lighting $6,800
3 Streets $5,677
4 Reserves $1,808
5 Admin $2,410
Total $25,814

Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1 Tax Zone 34.

TAX ZONE 34 (CONTINGENT SERVICES)
PM 20392

Item Description Estimated Cost
1 Streets $462
2 Admin $1,000
Total $1,462

TAX ZONE 34
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $2,785 $158

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FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,785 $158

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TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 320 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $347 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC

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Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS #7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 20 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES

The services which may be funded with proceeds of the special tax of CFD No. 201 9-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals ; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Mainte nance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollut ants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 33

(March 15, 2023)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
GWS #7 Development, LLC 9.27 10

According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above- named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019 -1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 1, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 15, 2023.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

GWS #7 Development, LLC
Attn: Scott Morse
901 Via Piemonte, Suite 175
Ontario, CA 91764

0280-171-13, -14, -15, -16, -18, -19,
0280-191-05, -06, -07, -08, -09, -10

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 33 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019- 1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above- named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Scott Morse
Executive Vice President

Signature

Print Name

Title

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Resolution No. 2023-047
Resolution No. 2023-047
March 15, 2023

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RESOLUTION NO. 2023-047

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 33)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2023-046 calling a special election for March 15, 2023, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated March 15, 2023, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2.Ballot Measure. This Council hereby finds, determines, and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

SECTION 3.Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said

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Resolution No. 2023-047
Resolution No. 2023-047
March 15, 2023

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Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2023-026 adopted by the Mayor and City Council on February 1, 2023. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 33 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on February 2, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 95, in the office of the San Bernardino County Recorder.

SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-047
Resolution No. 2023-047
March 15, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-047, adopted at a regular meeting held on the 15th day of March 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 33

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated February 8, 2023, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date.

Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
GWS #7 Development, LLC 10 10
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2023.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)

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Ordinance No. MC-1614
1 2
2 7
3 ORDINANCE NO. MC-1614

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on March 15, 2023, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on

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Ordinance No. MC-1614
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2 7
3 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2023.

Helen Tran, Mayor
City of San Bernardino

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Ordinance No. MC-1614
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3 Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Ordinance No. MC-1614
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3 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1614, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15 th day of March, 2023. Ordinance No. MC-1614 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will inc lude all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways , streets, roads and open space, which maintenance and lighting services may inc lude, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replac ement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential s ubdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of April 5, 2023)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25 Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25

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Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27

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Public Hearing
CFD No. 2019-1 Annexation No. 33:

PM 20392 (GWS #7 Development, LLC)
Presented by: Joshua Dramitinos, Real Property Services Manager

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Public Hearing on CFD 2019-1 Annexation No. 33
Recommended Action:

1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and

2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and

3. Schedule the adoption of the Amended Ordinance for April 5, 2023.

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Public Hearing on CFD 2019-1 Annexation No. 33
Discussion:
• The Property Owner, GWS #7 Development LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
• The area proposed within Annexation No. 33 includes twelve (12) parcels, APN 0280-171-13, -14, - 15, -16, -18, -19, 0280-191-05, -06, -07, -08, -09, and -10. • On February 1, 2023, the City Council adopted Resolution No. 2023-026, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on March 15, 2023. The property owner consented to waiving certain time restriction and conduct the election the same night.

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Public Hearing on CFD 2019-1 Annexation No. 33
Discussion (Cont.)
• The proposed maximum annual tax of $2,785 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 34.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Project Location

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Public Hearing on CFD 2019-1 Annexation No. 33
Fiscal Impact
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $25,814. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.

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Questions?

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CENTRAL AVE
FOISY
ST

NORMAN RD

CLEVENGER
DR
LENA

RD SUNNYSIDE
AVE

ORANGE SHOW RD
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W

AYNINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PACIFIC ST

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE

SAN BERNARDINO AVE
M

T VERNON AVE

NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦
215
§¨¦
10 CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 33

PROJECT MAP

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: March 15, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Public Hearing on Annexation No. 34 to Community Facilities District 2019-1 (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023-048 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 34); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023-049 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 34); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1615 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1615 for April 5, 2023.

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Background
On February 1, 2023, the Mayor and City Council adopted Resolution No. 2023-027, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for March 15, 2023, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on February 2, 2023, at 1:30 p.m. in Book 90 Page 96, Document No. 2023-0024668 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 6.36 gross acres of a commercial property within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a clean energy fueling station. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and

2. Maintenance of streets, including pavement management; and

3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed area to be annexed into the CFD will be included in Tax Zone 35 and is located at the northwest intersection of E Central Ave and S Tippecanoe Ave., as shown in Attachment #12.

The maximum annual special tax for this development has been calculated to be $726 per acre for FY 2023/24. This tax rate includes a Maximum Special Tax A of $533 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $193 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto.

If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-

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Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello- Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

•Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for April 5,2023.

Discussion
The Resolution of Intention called for a public hearing to be held on March 15, 2023, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be

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returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2023-048, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2023-049 declaring the results of the election. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensuring the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $3,727 from Special Tax A to be used to pay for maintenance costs within the development.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

3. Hold a special landowner election and canvass the election; and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1615 of the Mayor and City Council of the City of San Bernardino, California, amending

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Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1615 for April 5, 2023.

Attachments
Attachment 1 Resolution No. 2023-048- Resolution Calling Election Attachment 2 Exhibit A Description of Territory
Attachment 3 Exhibit B Rate and Method of Apportionment Attachment 4 Exhibit C Special Election Ballot
Attachment 5 Resolution No. 2023-049- Resolution Declaring Election Results Attachment 6 Exhibit A Certificate of Election Results Attachment 7 Ordinance No. MC-1615
Attachment 8 Exhibit A Description of Services
Attachment 9 Exhibit B Parcel List
Attachment 10 Signed Petition and Waiver
Attachment 11 PowerPoint Presentation
Attachment 12 Project Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello- Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

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February 1, 2023 Mayor and City Council adopted Resolution No. 2023-027, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

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Resolution No. 2023-048
Resolution No. 2023-048
March 15, 2023

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RESOLUTION NO. 2023-048

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
34)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on February 1, 2023 duly adopted Resolution No. 2023-027 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019- 1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for March 15, 2023; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 34 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on February 2, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 96, in the office of the San Bernardino County Recorder; and

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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on March 15, 2023, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the March 15, 2023, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit “A” hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

SECTION 3.Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the

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special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

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(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit “C”.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on March 15, 2023. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on March 15, 2023, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

SECTION 13. Effective Date. This Resolution shall become effective immediately.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of March 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-048, adopted at a regular meeting held on the 15th day of March 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 34 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0280-091-27 MLG SB Land, LLC &
Grandfathers Land Holdings, LLC

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EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO

A. DEFINITIONS

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the Coun ty Assessor of the County.

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“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.

“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).

“City” means the City of San Bernardino.

“County” means the County of San Bernardino.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Fiscal Year” means the period from and including July 1 st of any year to and including the following
June 30th.

“Maximum Special Tax ” means either Maximum Special Tax A and/ or Maximum Special Tax B (Contingent), as applicable.

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“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone , and (iii) Undeveloped Pr operty that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019 -1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limite d to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circu mstances shall the Special Tax A Requirement include funds for Bonds.

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"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determ ined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi- family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or oth er development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi- family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Un its by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

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Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual num ber of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961

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Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Cate gory. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each lan d use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982 -84 = 100) since t he beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

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Community Facilities District No. 2019-1 (Maintenance Services)

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APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

COST ESTIMATE

TAX ZONE 35
CUP 21-16

Item Description Estimated Cost
1 Lighting $200
2 Streets $2,497
3 Reserves $30
4 Admin $1,000
Total $3,727

TAX ZONE 35 (CONTINGENT SERVICES)
CUP 21-16

Item Description Estimated Cost
1 Streets $348
2 Admin $1,000
Total $1,348

TAX ZONE 35
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $533 $193

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Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE 35
FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $533 $193

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Community Facilities District No. 2019-1 (Maintenance Services)

TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

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Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC

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Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES

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Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 34

Name of Landowne
r Number of Acres Owned Total Votes
Grandfather’s Land Holdings, LLC 3.18 4

According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 15, 2023.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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EXHIBIT G
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

Grandfather’s Land Holdings, LLC
Attn: Marilyn S. Walker
2182 Vista Entrada
Newport Beach, CA 92660

0280-091-27

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 34 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Marilyn S. Walker
Manager

Signature

Print Name

Title

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 34

Name of Landowne
r Number of Acres Owned Total Votes
MLG SB Land, LLC 3.18 4

According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 15, 2023.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

MLG SB Land, LLC
Attn: Linda G. Alshuler
2182 Vista Entrada
Newport Beach, CA 92660

0280-091-27

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 34 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Linda G. Alshuler
Manager

Signature

Print Name

Title

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RESOLUTION NO. 2023-049

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 34)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2023-048 calling a special election for March 15, 2023, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated March 15, 2023, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2.Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

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Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2023-027 adopted by the Mayor and City Council on February 1, 2023. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 34 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on February 2, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 96, in the office of the San Bernardino County Recorder.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of March 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-049
Resolution No. 2023-049
March 15, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-049, adopted at a regular meeting held on the 15th day of March 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 34

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
Grandfather’s Land Holdings, LLC 4 4
MLG SB Land, LLC 4 4
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2023.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)

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Ordinance No. MC-1615
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2 ORDINANCE NO. MC-1615

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

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Ordinance No. MC-1615
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2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2023.

Helen Tran, Mayor
City of San Bernardino

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Ordinance No. MC-1615
3 2
2 6
2 Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Ordinance No. MC-1615
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2 6
2 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1615, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15 th day of March, 2023. Ordinance No. MC-1615 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of April 5, 2023)

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Public Hearing
CFD No. 2019-1 Annexation No. 34:

CUP 21-16 (MLG SB Land, LLC and Grandfather’s Land Holdings, LLC) Presented by: Joshua Dramitinos, Real Property Services Manager

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Public Hearing on CFD 2019-1 Annexation No. 34
Recommended Action:

3. Schedule the adoption of the Amended Ordinance for April 5, 2023.

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• Public Hearing on CFD 2019-1 Annexation No. 34
Discussion:
• The Property Owner, MLG SB Land, LLC and Grandfather’s Land Holdings, LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
• The area proposed within Annexation No. 34 includes one (1) parcel, APN 0280-091-27. • On February 1, 2023, the City Council adopted Resolution No. 2023-027, a Resolution of Intention, to annex these properties into CFD No. 2019-1 and hold a Public Hearing on March 15, 2023. The property owner consented to waiving certain time restriction and conduct the election the same night.
• The proposed maximum annual tax of $533 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 35.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

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Public Hearing on CFD 2019-1 Annexation No. 34
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax, include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Project Location

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Public Hearing on CFD 2019-1 Annexation No. 34
Fiscal Impact
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $3,727. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.

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Questions?

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TIPPECANOE
AVE

CLEVENGER
DR

SUNNYSIDE AVE

CENTRAL AVE

SANTA FE ST

BENEDICT RD
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W

AYNINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PACIFIC ST

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE

SAN BERNARDINO AVE
M

T VERNON AVE

NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

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ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
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10 CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 34

PROJECT MAP

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: March 15, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Substantial Amendment to the Fiscal Year 2021-2022 Annual Action Plan – HOME Investment Partnership
American Rescue Plan Program (HOME-ARP) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Conduct a Public Hearing of the draft HOME Investment Partnership Allocation Plan;

2. Approve a Substantial Amendment to the Fiscal Year 2021-2022;

3. Approve the HOME Investment Partnership Allocation Plan; and

4. Authorize the Interim City Manager, or his designee, to execute any further documents as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2021-2022 Action Plan.

Background
On March 11, 2021, the American Rescue Plan Act of 2021 (ARP) was signed into law.

To address the need for homelessness assistance and supportive services, $5 billion in federal ARP funds were appropriated to be administered through the federal HOME Investment Partnerships Program (HOME). On April 8, 2021, the U.S. Department of Housing and Urban Development (HUD) allocated HOME-ARP funds to grantees using the HOME formula established in 24 CFR 92.50 and 92.60. As a recipient of HOME funds, the City of San Bernardino (City) is eligible to receive a HOME-ARP allocation in the amount of $5,058,437. Per 24 CFR 570.200(h) and 24 CFR 92.212(b), the City is required to amend the 2021-2022 Annual Action Plan as a request for HOME-ARP pre-award costs.

HOME-ARP funds can be used to fund activities that primarily benefit qualifying

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individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations. These activities include:
•Development and support of affordable housing;
•Tenant-based rental assistance (TBRA);
•Provision of supportive services; and
•Acquisition and development of non-congregate shelter units.

It is anticipated that the HOME-ARP funds, totaling $5,058,437, will be used for the Navigation Center, as detailed below, with up to 15% of these funds ($758,766) used for program administration costs.

To receive its HOME-ARP funds, the City must engage in consultation and public participation processes, develop a HOME-ARP allocation plan that meets the HUD requirements, and submit it to HUD as a substantial amendment to the City’s Fiscal Year 2021-2022 Annual Action Plan (Action Plan). The HOME-ARP allocation plan must describe how the City intends to distribute HOME-ARP funds, including how it will use these funds to address the needs of HOME-ARP qualifying populations.

On February 1, 2023, the Mayor and City Council adopted Resolution No. 2023-028 declaring a Homelessness State of Emergency. HOME-ARP funds will provide financial resources to support the unhoused community by providing low-barrier shelter access, supportive services, and case management.

On March 1, 2023, the Mayor and City Council held a Public Hearing to accept public comment on the draft Substantial Amendment to the Action Plan. The draft documents were made available at the City’s office and website from February 6, 2023, to March 7, 2023, as required by HUD.

Discussion
In accordance with the City’s Citizen Participation Plan, a substantial amendment to the Annual Action Plan is required when the City:
•Changes allocation priorities.
•Expects to carry out a new or existing activity while using funds that have not been covered by the Consolidated Plan or included in the approved Action Plan. •Change the purpose, scope, location, or beneficiaries of an activity (any activity whose funding allocation is increased by more than 50% will constitute a substantial amendment).

HOME-ARP funds must be used to assist individuals/households who are homeless, at risk of homelessness, or other vulnerable populations (e.g., individuals fleeing domestic violence). HOME-ARP funds can be used to provide affordable housing, tenant-based rental assistance, supportive services, and non-congregate shelter.

The City anticipates allocating $4,299,672 of HOME-ARP funds to assist in the financial support needed in the designing, construction, and operation of the City’s Homeless

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Navigation Center. The Navigation Center will assist the City’s vulnerable homeless populations with income stabilization services, job training, mental health services, case management, and non-congregate shelter units. The HOME-ARP Program allows for up to 15% ($758,766) of the funds to be utilized for program administration.

The Navigation Center activity is aligned with the City’s Consolidated Plan and Continuum of Care initiatives to provide emergency and temporary accommodations for the City’s homeless populations during the Homelessness State of Emergency.

These activities are eligible under HOME-ARP and would further the City’s support with assisting the unhoused populations including homeless veterans, victims of domestic violence, those with mental and physical challenges and needs, as well as underserved populations.

The City has incorporated comments received during the 30-day public commenting timeframe and is requesting approval of the submission to HUD.

2021-2025 Strategic Targets and Goals
Submittal of the Substantial Amendment and HOME-ARP Allocation Plan aligns with Key Target No. 1: Improved Operational & Financial Capacity, by securing a funding allocation for housing, and Key Target No. 3: Improved Quality of Life, by securing additional funds to reduce the burden of homelessness through engagement, collaboration, and alignment with other entities.

Fiscal Impact
There is no fiscal impact to the General Fund associated with this report.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Conduct a Public Hearing of the draft HOME Investment Partnership Allocation Plan;

2. Approve a Substantial Amendment to the Fiscal Year 2021-2022;

3. Approve of the HOME Investment Partnership Allocation Plan; and

4. Authorize the City Manager, or his designee, to execute any further documents as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2021-2022 Action Plan.

Attachments
Attachment 1 FY 2021-2022 Action Plan
Attachment 2 Draft FY2021-2022 Substantial Amendment
Attachment 3 Draft HOME-ARP Allocation Plan
Attachment 4 Resolution 2023-028 Proclaiming Homelessness Local Emergency
Attachment 5 Public Notice

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Ward:

All Wards
Synopsis of Previous Council Actions:

June 6, 2021 The Mayor and City Council conducted a public hearing and adopted the Fiscal Year 2021-2022 Annual Plan as an application for funding under Community Development Block Grant (CDBG), Home
Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and authorized the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD Fiscal Year 2021-22 Annual Action Plan and Certification to HUD.

June 15, 2022 The Mayor and City Council conducted public hearing No. 1 on the review of the draft Fiscal Year 2021-2022 Annual Action Plan (AAP) associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs.

March 1, 2023 The Mayor and City Council conducted public hearing No. 1 on the Substantial Amendment to the Fiscal Year 2021-2022 Annual Action Plan – HOME Investment Partnership American Rescue Plan Program.

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Annual Action Plan
2021
1 OMB Control No: 2506-0117 (exp. 09/30/2021)

Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino, specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans.

The City is an entitlement jurisdiction and will receive the following federal grants:
 Community Development Block Grant (CDBG)
 HOME Investment Partnerships Program (HOME)
 Emergency Solutions Grant (ESG)

2. Summarize the objectives and outc omes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations 24 CFR 91.215 affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are:

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 Homelessness and homelessness issues (i.e., supportive housing)  Access to affordable housing
 Street infrastructure (i.e., road maintenance and street lighting)  Joblessness/job creation
The City aims to utilize their grant funds to coordinate services, programs, and projects with the goal of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the 2021-2022 Action Plan have been established in consultation with the residents of San Bernardino and the serving community organizations.

Priorities Objectives/Goals
The following goals outlined in the Consolidated Plan and to be implemented during the FY 21-22 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals:

1. Promote Economic Development: Assist in providing direct loans and loan guarantees, establish revolving loan and/or facilitate peer lending programs for the stabilization and expansion of microenterprises through the Small Business Micro Loan Program, and estimated 10 businesses will be assisted.

2. Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs.

3. Promote Economic Development: Provide no-cost services to residents/business owners in City of San Bernardino to help improve the likelihood of the successful growth of existing businesses through the Micro-Enterprise Program and estimated 10 businesses will be assisted.

4. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services.

5. Expand Homeownership Opportunities: Fund construction of four (4) single family homes, city- wide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI).

6. Expand Homeownership Opportunities: Assist homebuyers with the purchase of affordable housing in the Eastpointe Community which will assist four (4) households with the purchase of a home.

7. New Affordable Rental Housing Construction or Rehabilitation: Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, will continue phase 4 of the multi- phase Rental Assistance Demonstration (RAD) project with the construction of 94 units.

1. New Affordable Rental Housing Construction or Rehabilitation: Assist 100 households in the new Seccombe rental housing project.

2. New Affordable Rental Housing Construction or Rehabilitation: Potential project to be considered utilizing unprogrammed funds once the City does a Substantial Amendment to its

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Annual Action Plan (AAP) FY 2021-2022. The City would require public review and comment of the AAP. Based on public comment, would the City then proceed with funding the project. The City's intent is to fund a 30 unit Permanent Supportive Housing (PSH) project for U.S.

Veterans. The City, in partnership with the San Bernardino County Community Development and Housing Department (CDH), would entail the development of PSH or affordable housing.

3. Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 532 Ramona Avenue – Ward 1; 2129 Wall Avenue – Ward 2; 938 N. G Street – Ward 2; 140 W. 13th Street – Ward 2; 2060 E. 18th Street – Ward 7, Grape Street (Walnut to Mill Street) – Ward 3, and Davidson Avenue (Baseline to 14th Street) – Ward 6.

Summary of some of the findings used to determine priority needs  215,784 persons reside in San Bernardino (US Census Bureau 2019) comprising of 59,295 households.
 Approximately 26% live in poverty
 San Bernardino County homeless count data have indicated a need to support programs that serve people experiencing homelessness. The 2020 PIT count for the City is 1,056 which accounts for 34% of San Bernardino County’s total count.  City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation.  The creation City uses CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income.

Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. Due to the spread of the Coronavirus 2019 (COVID-19) pandemic, this program came to a halt in order to preserve the safety of their residents and staff, which hindered the ability to meet the City’s goals and outcomes.

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Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 2019-20, the City completed the construction on two (2) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Housing Partners I, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino.

Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 2019-20, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI.

Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed.

Improve Public Facilities and Infrastructure - In FY 2019-2020, the City completed: Lytle Creek Park roof replacement, Jerry Lewis Swim Center facility upgrades and replacement of playground equipment at five parks: Meadowbrook Fields, Lytle Creek, Wildwood, Harrison Canyon, and Speicher.

Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City.

Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG.

Provide rental assistance and preserve existing affordable rental housing - In FY 2019-2020, two (2) rental projects were inspected to ensure units remained affordable and habitable.

Expand the affordable housing inventory through new construction - In 2019-2020, the third phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed.

Improve Neighborhood Conditions – Demolition Program - Funding for this project has been eliminated due to the program’s inability to spend down its CDBG budgeted amounts during two consecutive years.

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4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan
To solicit public input during the development of the Consolidated Plan and the Annual Action Plan, the City conducted the following meetings:
 Virtual Community Workshop.
 Stakeholder Interviews; and
 Online Survey.

To solicit public input during the development of the Annual Action Plan, the City conducted a virtual Community Workshop through online platform Zoom on Wednesday, March 31, 2021 at 5:30 PM to 7:30 PM. There were 13 people in attendance. This virtual meeting was held in pursuant to Governor Newsom’s Executive Order N-29-20 and conducted in accordance with state and local health regulations as a response to the Coronavirus 2019 (COVID-19) pandemic. The following organizations attended and were interviewed during the virtual Workshop:
 Arts Connection, the Arts Council of San Bernardino County  Congregations Organized for Prophetic Engagement (COPE)  Dignity Health
 Making Hope Happen Foundation
 Mary Erickson Community Housing/Valon Consulting
 Uplift San Bernardino
The City has also conducted stakeholder interviews to obtain feedback. The feedback was especially helpful in identifying gaps in services, trends in the local community, and needs relating to specific services and populations. The following organizations participated in the stakeholder interviews:
 Dignity Health
 Lutheran Social Services Southern California
 Neighborhood Partnership Housing Services
 San Bernardino Housing Authority
Residents and service providers for the City of San Bernardino were encouraged to participate in the Annual Action Plan process and review. Newspaper ads were published in the El Chicano and the San Bernardino Sun to notify the public about the first public hearing and 30-day public review was published on March 15, 2021. The first public hearing for the draft FY 21-22 Annual Action Plan to City Council was held on April 21, 2021.

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The Annual Action Plan was available for public review beginning May 3, 2021 and up to and including June 1, 2021 for the second public hearing, held on June 2, 2021. The report was available on the City website for review and commenting Public comments received will be incorporated into the final Annual Action Plan.

Lastly, an online survey for FY21-22 Annual Action Plan input was available in both English and Spanish to gain input from the residents of San Bernardino. This survey utilized the platform, SurveyMonkey, and was made available to residents from March 11, 2021 to April 3, 2021. The City received a total of 101 responses to the online survey (74 in English and 27 in Spanish).

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

The feedback from the Community Workshop and Stakeholder interviews indicated that the top four pressing concerns of the City are:

1. Homelessness and homelessness issues (i.e., supportive housing)

2. Access to affordable housing

3. Street infrastructure (i.e., road maintenance and street lighting)

4. Joblessness/job creation
Suggestions from the community to overcome these issues include additional public education/workshops, more communication from the City to the public, and more opportunities for public/private partnerships with community-based organizations. There is support for funds to be spent on affordable housing development, economic development for the City, and homeless services.

The City also conducted an online survey in both English and Spanish from March 11, 2021 to April 3, 2021. There was a total of 101 responses to the online survey. A little over half of the respondents were homeowners (54%) with the remaining respondents being renters (39%) or in other types of living situations (7%). The response came from residents living in the City for 10 years or over. The top four areas of need identified in the online surveys were:

1. Economic Development (job creation)

2. Infrastructure (i.e., sidewalks/streets)

3. Services for the homeless

4. Affordable housing
The top three infrastructure needs that were identified were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were:

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1. First-time home buyer assistance

2. Owner-occupied rehabilitation

3. Renter-occupied housing rehabilitation
Respondents also identified two primary homeless needs:

1. Permanent supportive housing with social services

2. Transitional housing (short-term up to 6 months
There were no public comments made during the two public hearings (April 21, 2021 and June 2, 2021) nor during the 30-day public comment period of May 3, 2021 through June 1, 2021.

6. Summary of comments or views not accept ed and the reasons for not accepting them All comments made were accepted and incorporated into the FY 2021-2022 Annual Action Plan. There were no comments that were not accepted.

7. Summary
The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b)

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparin g/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency SAN BERNARDINO
CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator
HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator

Table 1 – Responsible Agencies

Narrative (optional)
The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino.

Consolidated Plan Public Contact Information
For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Community and Economic Development Department, Gretel Noble, Housing Manager at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-7270 or via email at [email protected].
 
  
 
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations.

Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted
housing providers and private and governmental health, mental health and service agencies (91.215(l)). (continued)
 The City is working with lead partners National Community Renaissance (CORE), an affordable housing developer; Nonprofit Finance Fund (NFF), a national CDFI; and Build Healthy Place Network (BHPN), the national center at the intersection of community development and health to advance equity, on the UPLIFT SB Equitable Development Plan. The UPLIFT SB Equitable Development Plan attains two overarching goals: 1) encourage health investors to advance comprehensive solutions and 2) spark collaborative problem-solving to address persistent community development challenges in the Waterman Baseline neighborhood and the City of San Bernardino, which include increasing the level of activity and improving the economic and health equity outcomes for residents and the community. UPLIFT Equitable Development Plan will strengthen the existing Waterman and Baseline Specific Plan (Specific Plan) and leverage other community-led collective impact efforts. The City is in collaboration with mentioned lead partners to increase investments in housing, health and safety, job creation. The goal is to bring business service providers along to determine how to best deploy resources to residents in the City of San Bernardino. These efforts will address some of the biggest barriers to opportunity, high crime rates, homelessness, and lack of good paying jobs, namely through affordable housing, job creation, and economic development.
 For the past year the City has been working with an initiative headed by the Center for Community Investment and seven health providers, including Dignity Health in an initiative to Accelerate Investments in Healthy Communities (AIHC).
 The City has also interviewed Dignity Health; Lutheran Social Services Southern California; Neighborhood Partnership Housing Services; and San Bernardino Housing Authority to receive input on potential gaps in services and identification of needs for residents.

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Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
 The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove.
 The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program.  Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income.  The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness.
 The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households.
 The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead-based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office.
 The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning.  The City has been working in partnership with Inland Empire Small Businesses Development Center (IESBDC) to deliver small business startup workshops to existing small business owners

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and aspiring entrepreneurs within the City of San Bernardino. Small business startup workshops are offered in both English and Spanish to accommodate the San Bernardino population.

Spanish workshops are offered in collaboration with the Mexican consulate, who host their space for Spanish speaking participants.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are:
1) Interagency Council on Homelessness
2) Homeless Provider Network
3) Central Valley Steering Committee
4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino.

Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and person at-risk of homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS

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The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency
Major Employer
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 2 Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community.
3 Agency/Group/Organization Lutheran Social Services Southern California Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community
 
  
 
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4 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Health Agency
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community.
5 Agency/Group/Organization SAN BERNARDINO
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Hazard Mitigation & Local
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (agencies whose primary responsibilities include the management of flood prone areas, public land or water resources and emergency management agencies) in the development of its plan. The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers, organizations engaged in narrowing the digital divide) in the development of its plan.

Identify any Agency Types not consulted and provide rationale for not consulting  
  
 
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No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Cont inuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy.
10-Year Strategy to End
Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness.

City of San Bernardino 2013-2021
Housing Element
City of San Bernardino Department of
Community Development
Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element
Housing Authority County of San
Bernardino (HACSB)
Housing Authority County of San
Bernardino (HACSB)
The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens
Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included.

Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding.  
  
 
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen particip ation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

The City published notices for public hearings and 30-day public review of the FY 2021-2022 Annual Action Plan in El Chicano and the San Bernardino Sun on March 15, 2021 and March 18, 2021 respectively in accordance with its citizen participation plan. The report was made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account.

 
  
 
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Citizen Participation Outreach
Sort
Order
Mode of O
utreach
Target of
Outreach
Summary of

response/at
tendance
Summary of
comments r
eceived
Summary of
comments
not accepted
and reasons
URL (If applicable)
1 Newspape
r Ad
Minorities

Non-
English
Speaking -
Specify
other
language:

Spanish

Persons
with
disabilities

Residents
of Public
and
Assisted
Housing

Low
Income
persons
No
responses
were
received.

No
comments
were
received.

Because
comments
were not
received
there is no
summary of
comments
not accepted.
http:iecn.com/newspapers/el-chicano/
https://www.sbsun.com
 
  
 
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2 Online
Survey
Minorities

Non-
English
Speaking -
Specify
other
language:

Spanish

Persons
with
disabilities

Non-
targeted/b
road
communit
y

Residents
of Public
and
Assisted
Housing

Low
Income
persons
101
responses
received
82%
Residents of
the City of
San
Bernardino
75% English
speakers25%
Spanish
speakers54%
Homeowner
s39%
RentersSum
mary of top
four
concerns:1.

Hom
elessness
and
homelessnes
s issues (i.e.,
supportive
housing)2.

Acce
ss to
affordable
housing3.

Stre
et
infrastructur
All comments
were
accepted.
www.sbcity.org/housing
 
  
 
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SUBSTANTIAL AMENDMENT
2021-2022 ANNUAL ACTION PLAN

HOME-ARP FUNDS
Background:

On March 11, 2021, the American Rescue Plan Act of 2021 (ARP) was passed to provide support for individuals experiencing homelessness, are at risk of homelessness, and vulnerable populations through housing and supportive services. Through ARP, the City of San Bernardino was eligible to receive additional funds through the HOME Investment Partnerships Program (HOME-ARP) administered through the United States Department of Housing and Urban Development (HUD). Eligible activities include providing supportive services, affordable housing, non-congregate shelter (NCS), and tenant-based rental assistance (TBRA). Per 24 CFR 570.200(h) and 24 CFR 92.212(b), the City is required to amend the 2021-2022 Annual Action Plan as a request for HOME-ARP pre-award costs.

In accordance with the City’s Citizen Participation Plan, a substantial amendment to the Annual Action Plan is required when the City:
•Changes allocation priorities
•Expects to carry out a new or existing activity while using funds that has not been covered by the Consolidated Plan or included in the approved Action Plan;
•Change the purpose, scope, location, or beneficiaries of an activity (Any activity whose funding allocation is increased by more than 50% will constitute a substantial amendment.

Proposed Amendment to 2021-2022 Annual Action Plan:

The City will allocate additional $5,058,437 of HOME-ARP funds to assist in the financial support needed to design, construction, and operations of a Navigation Center. The Navigation Center will assist City’s vulnerable homeless populations with income stabilization services, job training, mental health services, case management and non- congregate shelter units.

Lastly, the Navigation Center activity is aligned with the City’s Consolidated Plan, Continuum of Care initiatives to provide emergency, temporary accommodations for the City’s homeless populations in the City of San Bernardino.

These activities are eligible under HOME-ARP and would further the City’s support

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SUBSTANTIAL AMENDMENT
2021-2022 ANNUAL ACTION PLAN

HOME-ARP FUNDS
unhoused populations including homeless veterans, victims of domestic violence, those with mental and physical challenges and needs as well as underserved populations.

Public Comments:

The City of San Bernardino will address and incorporate comments received during the 30-day public commenting timeframe between February 6, 2023, and March 7, 2023. A public hearing will be held on March 1, 2023.

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DRAFT HOME-ARP Allocation Plan
for the City of San Bernardino
MARCH 08, 2023
Michael
Baker
International

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City of San Bernardino HOME-ARP Allocation Plan
1 Table of Contents
Consultation.....................................................................................................................................2 Consultations Summary...............................................................................................................3 Homeless as defined in 24 CFR 91.5...........................................................................................4 At Risk of Homelessness as defined in 24 CFR 91.5 ..................................................................4 Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking ..................................................................................................................5 Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability .......................................................................5 Public Participation..........................................................................................................................5 Needs Assessment and Gaps Analysis.............................................................................................6 Describe the size and demographic composition of qualifying populations within the PJ’s boundaries: ...................................................................................................................................7 Homeless as defined in 24 CFR 91.5.......................................................................................7 At Risk of Homelessness as defined in 24 CFR 91.5 ..............................................................8 Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking...............................................................................................9 Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability ...................................................................9 Describe the unmet housing and service needs of qualifying populations, including but not limited to:.................................................................................................................................9 Identify and consider the current resources available to assist qualifying populations, including congregate and non-congregate shelter units, supportive services, TBRA, and affordable and permanent supportive rental housing: ...........................................................10 Identify any gaps within the current shelter and housing inventory as well as the service delivery system: .....................................................................................................................11 Identify the characteristics of housing associated with instability and an increased risk of homelessness if the PJ will include such conditions in its definition of “other populations” as established in the HOME-ARP Notice:.................................................................................12 Identify priority needs for qualifying populations:.................................................................12 Explain how the level of need and gaps in its shelter and housing inventory and service delivery systems based on the data presented in the plan were determined:.........................13 HOME-ARP Activities ..................................................................................................................13 Describe the method for soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors and whether the PJ will administer eligible activities directly:.....................................................................................................13

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2 Use of HOME-ARP Funding...................................................................................................13 Additional narrative, if applicable:.......................................................................................14 HOME-ARP Production Housing Goals........................................................................................14 Preferences.....................................................................................................................................14 HOME-ARP Refinancing Guidelines ............................................................................................15

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3 Consultation
Before developing its plan, a PJ must consult with the CoC(s) serving the jurisdiction’s geographic area, homeless and domestic violence service providers, veterans’ groups, public housing agencies (PHAs), public agencies that address the needs of the qualifying populations, and public or private organizations that address fair housing, civil rights, and the needs of persons with disabilities, at a minimum. State PJs are not required to consult with every PHA or CoC within the state’s boundaries; however, local PJs must consult with all PHAs (including statewide or regional PHAs) and CoCs serving the jurisdiction.

Summarize the consultation process:

The City selected relevant service providers in the area that are best suited to provide detailed information on the service provision landscape for each qualifying population throughout the City.

Each group was consulted using a uniform set of interview questions, discussing needs for all qualifying populations. The wide range of groups included fair housing groups, public housing agencies, veterans’ groups, domestic violence groups, public organizations addressing the needs of qualifying populations, and organizations addressing fair housing, civil rights, and the needs of persons with disabilities.

List the organizations consulted, and summarize the feedback received from these entities.

Agency/Org
Consulted
Type of
Agency/Org
Qualifying
Population
Served
Method of
Consultation Feedback
Celebration City
Community
Development
Private Agency All Interview See
Summary.

Lutheran Social
Services Southern
California
Homeless
Services
All Interview See
Summary.

Partners Against
Violence
Domestic
Violence
All Interview See
Summary.

Step Up on Second Homeless
Services,
Agency that
Addresses Fair
Housing/Civil
Rights/Persons
with Disability
Homeless, At-
Risk of
Homelessness
Interview See
Summary.

Reentry
Community and
Housing
Supportive
Fair Housing,
Homeless
Services
Homeless, At-
Risk of
Homelessness,
Other
Interview See
Summary.

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4 Services Populations
City of San
Bernardino
Public Agency All Interview See
Summary.

Deborah Robertson
Foundation
Private Agency Essential
Services
Interview See
Summary.

City of San
Bernardino Police
Public Agency Homeless,
Victims of
Domestic
Violence
Interview See
Summary.

San Bernardino
County Continuum
of Care
Continuum of
Care
All Interview See
Summary.

United States
Veterans Initiative
– Inland Empire
Veterans’
Group
Other
Populations,
Homeless
Interview See
Summary.

Housing Authority
County of San
Bernardino
Public Housing
Authority
At-Risk of
Homelessness
Interview See
Summary.

Consultations Summary
Interviews were conducted with service providers throughout the City using a uniform question set. The goal was to establish characteristics, needs, and gaps for the City’s current qualifying populations.

When asked to rank the needs of qualifying populations, the top choice across all interviews was tied between non-profit operating funding and non-profit capacity building. This was closely followed by supportive services. These needs helped to guide this allocation. The least common choice of need for all interviews was Tenant-Based Rental Assistance (TBRA).

The most commonly cited gap within service provision or housing inventory was found to be the lack of shelter beds. This common acknowledgement heavily aligns with forthcoming data in the Needs Assessment and Gap Analysis, which shows a large gap in shelter resources. Almost 97% of the City’s homeless are classified as unsheltered. A few other gaps that were commonly cited were also related to this issue, including Lack of Low-Barrier Shelter Policies, Non-Congregate Shelters for Individuals and Families, and Lack of Housing/Homeless Prevention Programs.

The top three priority needs specifically for supportive services, according to respondents, were Drug Abuse/Addiction Services, Mental Health Services, and Life Skills Training. Once again, this adds strength to data in the following section, which shows that of the 989 homeless individuals in the City, 831 struggle with a disability or health condition, including mental health disabilities and substance use disabilities, among others.

Organizations that were consulted indicated a rate of 62% likelihood to apply for Homeless Prevention Services Funding, but they were less favorable for housing counseling, which had a

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5 46% likelihood to apply for Housing Counseling Funding. All organizations except for 3 said housing counseling services such as housing search, landlord/tenant rights, budgeting, and credit education/repair programs have a significant impact on the community. One organization indicated No, and two others indicated that they were Not Sure. Organizations stated that help is needed from foundations and individual donors to help fill fundraising gaps that grants may not cover, and they stated a need for transitional housing.

When asked about what sorts of projects would benefit the City, respondents most commonly said emergency housing was needed, but also that street outreach programs for the homeless and homelessness engagement teams may be useful for the City.

For consultation results on each Qualifying Population, see the summaries below:

Homeless as defined in 24 CFR 91.5
Nearly half of all consultations (46%) dealt directly with self-identified Homeless Service Providers, but the needs of this population were present in all consultations. Specifically, consultations pointed towards an additional need of support across shelter and housing programs.

Lack of low-barrier shelters, and lack of shelters beds were two of the top three identified largest gaps for all consultations
At Risk of Homelessness as defined in 24 CFR 91.5
Homelessness Prevention Services were the second most identified priority need for qualifying populations across all consultations, trailing behind Lack of Shelters, and 52% indicated they would be looking to apply for additional Homeless Prevention Services funding to fill existing gaps in capacity. This would help extend the existing shelter programs and provide additional services. These findings helped identify the shelter program as a recipient of this allocation.

Additionally, 90+% of consultations saw organizations state that housing counseling services have a significant impact on our community. This specifically includes services such as housing search, landlord/tenant rights, budgeting, and credit education/repair programs.

The Housing Authority County of San Bernardino ranked the Development of Affordable Housing (including rehabilitation of existing units) as the top priority for all qualifying populations.

Additionally, they ranked Homeless Prevention Services as the top supportive services need for all qualifying populations.

Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking

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6 When consultations shifted to identifying needs for specific supportive services, drug abuse/addiction services and mental health services were the most commonly cited response.

Additionally, domestic violence services were cited as a top five need for supportive services.

Additional data for this qualifying population is outlined in the Needs Assessment and Gap Analysis.

Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability Drug Abuse/Addiction Services were the most commonly cited as a need for supportive services while Life Skills Training and Services for Persons with Disabilities was a commonly cited need for supportive services across all consultations.

Additional Notes:

San Bernadino City has completed a year of outreach with regards to homeless, homelessness needs and services as a foundation to the development of the proposed Navigation Center. This process also included financing strategy development for both construction and future operations.

Public Participation
PJs must provide for and encourage citizen participation in the development of the HOME-ARP allocation plan. Before submission of the plan, PJs must provide residents with reasonable notice and an opportunity to comment on the proposed HOME-ARP allocation plan of no less than 15 calendar days. The PJ must follow its adopted requirements for “reasonable notice and an opportunity to comment” for plan amendments in its current citizen participation plan. In addition, PJs must hold at least one public hearing during the development of the HOME-ARP allocation plan and prior to submission.

For the purposes of HOME-ARP, PJs are required to make the following information available to the public:

The amount of HOME-ARP the PJ will receive, $5,058,437
The range of activities the PJ may undertake: Development of Non-Congregate Shelter Describe the public participation process, including information about and the dates of the public comment period and public hearing(s) held during the development of the plan:

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7 San Bernardino conducted wide stakeholder interview and survey process with the primary consultation groups as well as other social service and interested organizations. Thirteen stakeholders participated in a survey process. Public meeting and comment period are as follows:
•Public comment period: February 6, 2023 to Tuesday March 7, 2023 •Public hearing: March 15, 2023
Describe any efforts to broaden public participation:

A PJ must consider any comments or views of residents received in writing, or orally at a public hearing, when preparing the HOME-ARP allocation plan. Public meetings were held with stakeholders, online survey and public comment in area newspapers and final public hearing.

Summarize the comments and recommendations received through the public participation process:

The public hearing was held March 1, 2023 for the substantial amendment for the Allocation plan.

There were no public comment at that time. A 30-day public comment period was duly advertised for the substantial amendment. As of the date of this draft, there were no comments received or calls of concern during that time period. A public hearing will be held March 15 th. If public comments are received the Allocation Plan will be updated to reflect the comments received.

Summarize any comments or recommendations not accepted and state the reasons why:

All comments were accepted.

Needs Assessment and Gaps Analysis
PJs must evaluate the size and demographic composition of qualifying populations within its boundaries and assess the unmet needs of those populations. In addition, a PJ must identify any gaps within its current shelter and housing inventory as well as the service delivery system. A PJ should use current data, including point in time count, housing inventory count, or other data available through CoCs, and consultations with service providers to quantify the individuals and families in the qualifying populations and their need for additional housing, shelter, or services.

The PJ may use the optional tables provided below and/or attach additional data tables to this template.

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8 Homeless Needs Inventory and Gap Analysis Table
Homeless
Current Inventory (County) Homeless Population (City) Gap Analysis Family Adults Only Vets Family Adults Only
# of
Beds
# of
Units
# of
Beds
# of
Units
# of
Beds
Family
HH (at
least 1
child)
Adult
HH
(w/o
child)
Vets Victims
of DV # of
Beds
# of
Units
# of
Beds
# of
Units
Emergency
Shelter 282 90 448 - 0
Transitional
Housing 199 60 153 - 15
Permanent
Supportive
Housing
714 240 977 - 776
Other Permanent
Housing -
Sheltered
Homeless - 32 - -
Unsheltered
Homeless 989 166 166
Current Gap - - 811 -
Suggested Data Sources: 1. Point in Time Count (PIT); 2. Continuum of Care Housing Inventory Count (HIC); 3.

Consultation
Housing Needs Inventory and Gap Analysis Table
Non-Homeless
(City)
Current Inventory Level of Need Gap Analysis
# of Units # of Households # of Households
Total Rental Units 31,175
Rental Units Affordable to HH at 30% AMI
(At-Risk of Homelessness) 3,105
Rental Units Affordable to HH at 50% AMI
(Other Populations) 8,530
0%-30% AMI Renter HH w/ 1 or more severe
housing problems
(At-Risk of Homelessness)
8,295
30%-50% AMI Renter HH w/ 1 or more
severe housing problems
(Other Populations)
3,385
Current Gaps 8,635
Suggested Data Sources: 1. American Community Survey (ACS); 2. Comprehensive Housing Affordability Strategy (CHAS)

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9 Describe the size and demographic composition of qualifying populations within the PJ’s boundaries:

Homeless as defined in 24 CFR 91.5
As identified in the 2022 Point In Time report prepared by the San Bernardino County Homeless Partnership, a total of 1,021 unhoused individuals lived in the City of San Bernardino. Of the 1,025 unhoused, 989 were unsheltered (96.9 percent) and 32 were sheltered (3.1 percent). Unsheltered homeless are individuals or families not housed in a shelter and whose primary nighttime residence is public/private place not designed for or ordinarily used as a regular sleeping accommodation for human beings. These are people living on the street or in makeshift shelters (tents, boxes), motorhomes (RV), vans, or cars. Sheltered homeless are individuals or families living in a supervised operated shelter to provide temporary living arrangement.

Of the 989 unsheltered homeless in the City, volunteers were able to administer 537 surveys for additional information. This included demographic data and other important subpopulation information.

Overall, 69.3 percent of individuals were male while 30.0 percent were female. The most common races were White (48.2 percent), Black or African American (24.4 percent) and Multiple Races (17.1 percent). In total, 39.1 percent of individuals were Hispanic or Latino. For age distribution, the most common age bracket was 25-39 (37.8 percent), followed by 40-49 (21.6 percent) and 55- 61 (14.2 percent). Seniors (62+) represented 10.4 percent of the homeless population.

One-hundred forty-four (144) individuals became homeless for the first time during the past 12 months (26.8 percent). Additionally, disabilities are a common issue within the population.

Specifically, 57.9 percent indicated a substance use problem disability, 44.1 percent indicated a mental health disability, 23.8 percent indicated a physical disability, and 11.9 percent indicated developmental disability.

Other data points showed that 59 percent of those surveyed were Chronically Homeless. Also, 16.9 percent have a chronic health condition that is life threatening such as heart, lung, liver, kidney, or cancerous disease. And finally, there were 5.6 percent of individuals that were Veterans, 3.5 percent of individuals have HIV/AIDS, and 21 percent were released from a correctional institution withing the past year.

At Risk of Homelessness as defined in 24 CFR 91.5
As shown above in the Housing Needs Inventory and Gap Analysis Non-Homeless Table, there are significant totals of at-risk homeless within San Bernardino. First, there are a total of 3,105 occupied or for-sale rental units within the City that are affordable for households making 0-30% AMI. However, there are 10,495 renters in the City in this income bracket. That creates a gap of 7,390 households that will struggle to find housing that is affordable within this income group, which is defined as at-risk of homelessness. Additionally, there are 5,425 occupied or for-sale rental units within the City that are affordable for households making 30-50% AMI. However,

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10 there are 6,670 renters in the City in this income bracket. That creates a gap of 1,245 households that will struggle to find housing that is affordable within this income group. The total of both income groups creates a total gap of 8,635 affordable units.

There is also data indicating severe housing problems for renters within these groups, which puts some households at the risk of homelessness. Of these 10,495 renters in the 0-30% income group,

79.0 percent experience a severed housing problem, such as severe housing cost burden of 50%.

Additionally, there are 6,670 renters in the 30-50% income group, and 50.7 percent of these renters experience a severe housing problem. For San Bernardino, households in these groups are more likely to be at-risk-of-homelessness.

Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking
The Point in Time count report specified 36 individuals that were victims of domestic violence within the County, and there were 36 of these individuals specifically in the City of San Bernardino. This population has increased since 2020.

On top of this, The National Network for Ending Domestic Violence publishes annual reports by State for counts of domestic violence victims and cases. The 2021 Annual report found that across the State, 4,533 victims are served across the state each day. However, there were still 1,071 unmet requests for services across the State in 2021.

Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability As described by some of San Bernardino’s other planning initiatives for community development, supportive housing services are needed for the City’s elderly (26,174 individuals, 11.9% of the City population), persons with disabilities (26,498 individuals, 12.5% of the City population), developmentally disabled persons, veterans (6,062 individuals, 3.8% of the City population), persons with addictions, and those living with HIV/AIDS. Elderly persons may require long-term supportive housing that includes long-term assisted living, transportation, and nursing care. While many disabled persons can live and work independently within a conventional housing environment, more severely disabled individuals require a group living environment where supervision is provided. The most severely disabled individuals may require an institutional environment where medical attention and physical therapy are provided. Those suffering from substance abuse might require counseling or case management and a short-term housing solution while undergoing rehabilitation. Other more challenging or on-going conditions might require supportive services that include long-term assisted living, as well as transportation and nursing care. Persons with HIV are often able to live independently as advances in medical treatment enable persons with HIV to lead normal lives. However, persons living with AIDS may require long-term supportive housing as their health conditions deteriorate and impact their ability to work.

The Point-in-Time count identified numerous individuals in these populations that were homeless

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11 within the City of San Bernardino, as stated previously. There were 30 homeless veterans in the City, in addition to 19 homeless HIV/AIDS individuals, and 831 individuals with either a physical disability, developmental disability, mental health disability, substance use disability, or a chronic life-threatening heart condition.

Describe the unmet housing and service needs of qualifying populations, including but not limited to:
•Sheltered and unsheltered homeless populations;
•Those currently housed populations at risk of homelessness; •Other families requiring services or housing assistance or to prevent homelessness; and, •Those at greatest risk of housing instability or in unstable housing situations:

While homelessness is a complex problem with many causes, the high cost of housing is a significant contributor. Rising housing costs that have exceeded growth in wages, particularly for low-income households, put San Bernardino residents at risk of housing instability and homelessness. To measure the number of homeless persons in San Bernardino, the City relies on point in time surveys prepared by the San Bernardino Homeless Partnership. Population estimates for people experiencing homelessness are difficult to quantify. Census information is often unreliable due to the difficulty of efficiently counting a population without permanent residences.

Given this impediment, local estimates of the homeless and anecdotal information are often the source of population numbers. As stated earlier however, there is a population of 1,021 homeless individuals in San Bernardino as of the 2022 Point in Time Count, and a potential gap of affordability for 8,635 at-risk households. There is also an extremely high proportion of at-risk families (79%) that already experience severe housing problems. These populations are in the most unstable housing situations.

In addition to the at-risk population, there are gaps facing the existing homeless community. This is shown by the vast differences between the unsheltered and sheltered population within the City.

As stated previously, there are 989 unsheltered in the City, opposed to only 32 sheltered. There is a lack of shelter beds for these individuals in the City.

There also appears to be a lack of space in the City to house other populations, including those with disability, those fleeing from domestic violence, and veterans. In the City alone, there are 36 unhoused victims of domestic violence, 30 veterans, and 831 disabled/health condition individuals.

This shows the gaps in the shelter network, and a lack of services for these individuals.

Identify and consider the current resources available to assist qualifying populations, including congregate and non-congregate shelter units, supportive services, TBRA, and affordable and permanent supportive rental housing:

The City of San Bernardino assists homeless populations through funding supportive service providers in the community. The City has traditionally provided funding through the ESG program

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12 to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs.

According to other City planning efforts, many organizations in San Bernardino, including businesses, civic groups, corporations, educational institutions, faith-based organizations, local government, and nonprofit agencies, provide financial assistance, food, health care, clothing, legal assistance, public assistance, rental assistance, and utility assistance at little or no cost. Mainstream benefit programs such as CalFresh, Medicaid/Medi-Cal, Social Security Disability Income (SSDI), Supplemental Security Income (SSI), and Veteran’s Benefits are available to homeless persons in the City.

Additionally, the Homeless Provider Network (HPN) acts as an advocate for homeless populations and those at risk of becoming homeless. The HPN facilitates the collaboration between the public and private sectors to coordinate services to assist and prevent homelessness. Member organizations of the HPN meet monthly.

The City works with various agencies and provides referrals for services to homeless populations and those at risk of homelessness:
•Community Action Partnership of San Bernardino County – provides homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education, and linkages to other support services.
•Family Service Association of Redlands – provides emergency shelter (motel vouchers), wraparound services, and case management to prevent homelessness. •Lutheran Social Services – provides emergency shelter as a "bridge" to permanent housing, and wrap-around services to help homeless men 18 years and older to achieve self- sufficiency.
•Step Up on Second – provides supportive services which begin with engagement and street outreach activities.
•The Salvation Army Hospitality House – provides emergency shelter, referrals to permanent housing services, and meals to families and single females experiencing homelessness.
•Other agencies in the County providing services to address homelessness include:
oCatholic Charities San Bernardino
oHigh Desert Homeless Services, Inc.
oVictor Valley Family Resource Center
Time for Change Foundation provides emergency shelter services to women and children as well as permanent housing. Helping Hands Pantry, a food bank, serves the communities of the County

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13 of San Bernardino; programs include a mobile food pantry and the College Student Food Assistance Program for students who do not have the resources to buy enough food.

Identify any gaps within the current shelter and housing inventory as well as the service delivery system:

As shown in the Housing Needs Inventory and Gap Analysis Homeless Table, there is a lack of Emergency Shelter, Transitional Housing, and Permanent Supportive Housing in the City. Within this area, there are only 45 emergency shelter beds, transitional housing beds, and Permanent Supportive Housing beds within this area despite there being 989 unsheltered homeless. This leaves a gap of 957 beds for individuals. As stated in the other Non-Homeless Table, there is a gap of affordable housing options for 8,635 households.

Identify the characteristics of housing associated with instability and an increased risk of homelessness if the PJ will include such conditions in its definition of “other populations” as established in the HOME-ARP Notice:

These populations would include Seniors, Large Families, Persons with Disabilities, Veterans, Victims of Domestic Violence, Persons with HIV/AIDS, and Single Parents. These populations align with characteristics of housing need, as identified by the City, including but not limited to:

Seniors – Due to their fixed incomes, increasing medical needs and mobility challenges, seniors require accessible housing in close proximity to healthcare facilities and ease of transit. Seniors also need rehabilitation services to maintain and improve the condition of their housing.

Additionally, seniors often need rental assistance through housing vouchers due to their fixed incomes.

Disabled - Disabled individuals would require not only housing assistance in the form of rental and mortgage subsidies, but also group housing with accessibility features that would be ideal for people with mobility issues and sensory limitations. Their housing needs will also require ease of access to transit, shopping and healthcare facilities. They may also require specialized medical care and education, especially for the developmentally disabled. Additionally, disabled individuals who have been discharged from medical/healthcare facilities might also need transitional housing.

Large Families and Families with Female Heads of Households - Large families need low-cost housing that require a minimum of 3 bedrooms to accommodate all members in the home sufficiently. Families with Female Heads of Households may not only require affordable housing assistance, but those with children also need accessibility to healthcare facilities and educational institutions. Child Care assistance for those who are not of school-going age may also be required.

These same needs may also apply to large families

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14 Identify priority needs for qualifying populations:

This planning effort, among others from the city, highlights current needs for qualifying populations and needs for the entire City. This includes identified priority needs to:
•Preserve and Rehabilitate Housing
•Expand Homeownership
•Provide Homeless and Homeless Prevention Services
•Create New Affordable Rental Housing
•Promote Economic Development (Micro-Enterprise)
•Improve Facilities and Infrastructure
•Pursue Fair Housing
Explain how the level of need and gaps in its shelter and housing inventory and service delivery systems based on the data presented in the plan were determined:

These gaps were determined from data provided by Point in Time Counts, Housing Inventory Counts, American Community Survey (ACS) Data, and Comprehensive Housing Affordability Strategy (CHAS) Data. The first two sources showed the existing homeless populations, and the existing housing they may access. The next two data sources identified additional populations based on income and housing problems. These populations are at high risk of becoming homeless.

There is a need for housing inventory and service systems to account for these at-risk populations as well, to avoid becoming overrun.

HOME-ARP Activities
Describe the method for soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors and whether the PJ will administer eligible activities directly:

The City of San Bernardino intends to work with operators to design, construct, and operate a shelter and navigation center to be located in the City.

If any portion of the PJ’s HOME-ARP administrative funds were provided to a subrecipient or contractor prior to HUD’s acceptance of the HOME-ARP allocation plan because the subrecipient or contractor is responsible for the administration of the PJ’s entire HOME-ARP grant, identify the subrecipient or contractor and describe its role and responsibilities in administering all of the PJ’s HOME-ARP program:

Not applicable.

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15 PJs must indicate the amount of HOME-ARP funding that is planned for each eligible HOME- ARP activity type and demonstrate that any planned funding for nonprofit organization operating assistance, nonprofit capacity building, and administrative costs is within HOME-ARP limits. The following table may be used to meet this requirement.

Use of HOME-ARP Funding
Funding Amount Percent of the
Grant
Statutory
Limit
Supportive Services
Acquisition and Development of Non-
Congregate Shelters
$4,299,672
Tenant Based Rental Assistance (TBRA)
Development of Affordable Rental Housing
Non-Profit Operating % 5%
Non-Profit Capacity Building % 5%
Administration and Planning $758,765 % 15%
Total HOME ARP Allocation $5,058,437
Additional narrative, if applicable:

Describe how the characteristics of the shelter and housing inventory, service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund eligible activities:

The City of San Bernardino intends to allocate its HOME-ARP funds evenly to one activity:
1) Non-Congregate Shelter and Navigation Center ($4,299,672) The city owns a 2.48 acre property that will be adaptively reused and converted for a non- congregate homeless shelter that will include space for needed homeless and homeless prevention services. The City intends to competitively bid through an RFP process the project’s design planning and engineering, and construction. The City also intends to interview area social services and shelter operators to find a qualified operator for the shelter. The Navigation Center will include space for a variety of operation needs and needed services:
•Identification documentation, mailbox, storage locker, and pet kennel area •Income stabilization guidance
•Job training/placement workstation and training area
•Office space for mental health services, substance abuse recovery, case management, and housing navigation
HOME-ARP Production Housing Goals

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16 Estimate the number of affordable rental housing units for qualifying populations that the PJ will produce or support with its HOME-ARP allocation:

Not Applicable
Describe the specific affordable rental housing production goal that the PJ hopes to achieve and describe how it will address the PJ’s priority needs:

Not Applicable
Preferences
Identify whether the PJ intends to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project:

The City’s project will have a preference for the Homeless Qualifying Population, but it will be accessible for all qualifying populations. Existing Coordinated Entry System (CES) preferences will be used, pursuant to the operator’s current waiting list. Currently, the city’s CES system has preference for Veterans, Chronically Homeless, Unaccompanied Women, and Unaccompanied Youth.

If a preference was identified, explain how the use of a preference or method of prioritization will address the unmet need or gap in benefits and services received by individuals and families in the qualifying population or category of qualifying population, consistent with the PJ’s needs assessment and gap analysis:

The preference of CES is consistent with the Needs Assessment and Gap Analysis, this will help fill the gap of shelter beds in the City. This will help give the City more options for dealing with its homeless population, and further service its priority populations. Other detailed explanations of its CES prioritization indices can be found here: https://wp.sbcounty.gov/dbh/sbchp/wp- content/uploads/sites/2/2019/04/CES-HEAP-Orientation.pdf If a preference was identified, describe how the PJ will use HOME-ARP funds to address the unmet needs or gaps in benefits and services of the other qualifying populations that are not included in the preference:

The Plan is also supporting navigation services that will be open to all qualifying populations to help fill gaps and unmet needs. The property operations shall work in tandem with the Continuum of Care and the Coordinated Entry System to with regards to case selection.

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17 HOME-ARP Refinancing Guidelines
If the PJ intends to use HOME-ARP funds to refinance existing debt secured by multifamily rental housing that is being rehabilitated with HOME-ARP funds, the PJ must state its HOME- ARP refinancing guidelines in accordance with. The guidelines must describe the conditions under with the PJ will refinance existing debt for a HOME-ARP rental project, including:
•Establish a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing to demonstrate that rehabilitation of HOME-ARP rental housing is the primary eligible activity
Not Applicable
•Require a review of management practices to demonstrate that disinvestment in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving qualified populations for the minimum compliance period can be demonstrated.

Not Applicable
•State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both.

Not Applicable
•Specify the required compliance period, whether it is the minimum 15 years or longer.

Not Applicable
•State that HOME-ARP funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG.

Not Applicable
•Other requirements in the PJ’s guidelines, if applicable:

Not Applicable

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Resolution No. 2023-028

Resolution No. 2023-028
February 1, 2023

Page 1 of 6 ends

Mayor and City CouncilMarch 15, 2023

Mayor and City Council
March 15, 2023