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August 2, 2023 Mayor and City Council formally accepted SCG’s application for franchise, enacted the resolution of intention to grant a gas franchise.
August 4, 2003 Mayor and City Council Adopted Ordinance No. MC-1149.
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6 ORDINANCE NO. MC-1621
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
GRANTING TO SOUTHERN CALIFORNIA GAS
COMPANY, A CORPORATION, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO
LAY AND USE PIPES AND APPURTENANCES FOR
TRANSMITTING AND DISTRIBUTING GAS FOR ANY
AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON
THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS
THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN
SAID MUNICIPALITY.
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, California Public Utilities Code Section 6202 provides that the legislative body of a municipality may grant a franchise to any corporation to lay and use pipe and appurtenances for transmitting and distributing gas under and along public streets within the municipality; and
WHEREAS, California Public Utilities Code Section 6231(c) provides a formula for the amount the grantee shall pay to the municipality during the life of the franchise; and WHEREAS, the City Council adopted Ordinance No. MC-1149 adopted on August 4, 2003 and effective as of September 4, 2003, granting a franchise to Southern California Gas Company for the transportation and distribution of gas (“Prior Franchise”); and WHEREAS, the Prior Franchise with Southern California Gas Company expires on September 4, 2023, and the City desires to grant a new franchise to Southern California Gas Company; and
WHEREAS, the City Council duly held a public hearing to receive any protests regarding the proposed Southern California Gas Company franchise agreement on September 6, 2023; and WHEREAS, the City Council finds that it is in the public interest of its citizens to enter into a new franchise agreement with Southern California Gas Company; and WHEREAS, the proposed renewed franchise agreement sets the franchise fee at two percent (2%) of Southern California Gas Company’s gross revenues arising from this franchise agreement.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO UNDER AND PURSUANT TO DIVISION 3, CHAPTER 2 OF THE
PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, DO HEREBY GRANT
TO SOUTHERN CALIFORNIA GAS COMPANY A RENEWED FRANCHISE
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6 AGREEMENT UPON THE FOLLOWING TERMS AND CONDITIONS:
SECTION ONE
The above recitals are true and correct and are incorporated herein by this reference.
Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):
(a) The word "Grantee" shall mean Southern California Gas Company, and its lawful successors or assigns;
(b) The word "City" shall mean the City of San Bernardino, a Charter City and a municipal corporation of the State of California, in its present incorporated form or in any later reorganized. consolidated or reincorporated form;
(c) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City;
(d) The word "Engineer” shall mean the City Engineer;
(e) The word "franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places in the City, as more fully set forth in Section 2(a) below;
(f) The word "gas" shall mean natural or manufactured gas, or a mixture of natural and manufactured gas;
(g) The phrase "pipes and appurtenances" shall mean pipe, pipeline, cable, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, adjunct communications line, appurtenance and any other property located or to be located in, upon, along, across, under or over the streets of the City, and used or useful in, or in carrying on the business of, transmitting and distributing gas; and
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6 (h) The phrase "lay and use" shall mean to lay construct, erect, install, operate, maintain, use, repair, replace, or remove.
(i) The phrase "adjunct communications line" shall mean any facility such as coaxial cable, optical fiber, wire or other transmission lines or forms of transmission, and associated equipment and devices located in, upon, along, across, under or over the streets of the City, the sole function of which is to monitor or control the operation or safety of the gas system facilities via the distribution of video, audio, voice or data signals. An adjunct communications line shall not include any facility which distributes, through any means, to subscribers or persons other than grantee, the signal of one or more broadcast television or radio stations or other sources of video. audio. voice or data signals for a length in excess of 1,000 feet.
SECTION TWO
(a) That the right, privilege and franchise, subject to each and all of the terms and conditions contained in this ordinance, and pursuant to Chapter 14.04 (Sections 14.04.010-
14.04.030) of the San Bernardino Municipal Code, is hereby granted to Grantee to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of the City. Any proposed telecommunication or other non-gas system uses must be approved by the City under a separate franchise or other applicable City permit.
(b) The term or period of this franchise shall be twenty (20) years from and after the effective date hereof; that is to say, this franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise, and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this franchise shall be forfeited for noncompliance with its terms by the possessor thereof.
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6 (c) City shall have the right to terminate this Franchise by ordinance, at any time, should any of the following events occur: (i) the Grantee fails to comply with any material provision hereof or (ii) the City purchases (through its power of eminent domain or otherwise) all of the franchise property of Grantee. The Grantee shall be given thirty (30) days written notice prior to the beginning of any termination proceeding.
SECTION THREE
(a) The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the United States, a total annual Franchise Fee, calculated in the following manner:
(i) Gross Receipts from the Sale of Gas. A fee that is equal to the higher of:
(A) Two percent (2%) of the gross annual receipts of the Grantee derived from the use, operation or possession of this franchise (Broughton Act Formula); or,
(B) Two percent (2%) of the gross annual receipts of the Grantee derived from the sale, transmission, or distribution of gas within the limits of the City under this franchise.
(C) In the event the legislature amends the Franchise Act of 1937 (Public Utilities Code §6201-6302) or enacts any other state law which increases the franchise payment to cities to a level greater than that provided in this Section 3(a), then the City shall have the option of prospectively employing the legislative formula, which shall apply for the remaining term of this agreement instead of the payments set forth in Section 3(a) herein. If the City exercises said option, the legislative formula shall be prospectively applied hereto on the later of the effective date of the legislation or January l of the calendar year in which the City exercised said option. (ii) The annual amount of the “municipal public lands use surcharge” applicable to this franchise, as set forth in and calculated pursuant to Division 3, Chapter 2.5
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6 of the California Public Utilities Code (as may be amended from time to time, the “Municipal Public Lands Use Surcharge”).
(b) The Franchise Fee (as described in subsections (a)(i) and (a)(ii) above) shall be paid in four installments, each installment being equal to the amount determined by the applicable gross receipts formula in subsection (a)(i) for the preceding calendar quarter only, plus the amount of the Municipal Public Lands Use Surcharge for the preceding calendar quarter only. Each installment shall be paid to the City on or prior to the twenty-fifth (25th) day of the second month following the respective quarter for which payment is made, except for the final quarterly payment for the year, which shall be paid on or prior to March 31st of the subsequent year. For example, the installment for the first quarter of the year (January through March) shall be paid to the City on or before May 25th. Any overpayment shall be recovered by Grantee by setoff against future installments, or, if the franchise has been terminated, such overpayment, or the balance thereof, shall be payable by City to Grantee upon written demand. Notwithstanding the foregoing, any payments calculated and to be paid under this franchise shall be prorated and setoff against any payments calculated and actually paid or payable under the Prior Franchise for the same period.
SECTION FOUR
(a) Any notices shall be in writing and be delivered by courier service or by certified mail, return receipt requested, or by telecopy with a confirming copy mailed (first class mail) by the next business day, to the other party at the address shown below or at such other address as the party may designate by written notice delivered in the manner provided for herein:
City of San Bernardino
290 N. "D" Street
San Bernardino, CA 92418
Telecopy·. (909) 384-5158
Telephone: (909) 384-5002
Attn: City Clerk
With a copy to City of San Bernardino
290 N. "D" Street
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6 San Bernardino, CA 92418
Telecopy: (909) 384-5138
Telephone: (909) 384-5122
Attn: City Manager
Southern California Gas Company
555 West Fifth Street
Los Angeles, CA 90013·101 l
P.O. Box 3249
Los Angeles, CA 90051 • l 249
Telecopy number: 213-244-8223
Confirmation number: 213-244-5701
Attn: Senior Vice President, Distribution Operations
and a copy to:
Southern California Gas Company
555 West Fifth Street
Los Angeles, CA 90013-1011
P.O. Box 3249
Los Angeles, CA 90051-1249
Telecopy number: 213-244-4997
Confirmation number: 213-244-2528
Attn: Franchise and Fees Manager, Regional Public Affairs (b) This grant is made in lieu of all other franchises owned by the Grantee, or by any successor of the Grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. (c) The Grantee of this franchise shall file with the Clerk of the City within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the Grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar
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6 year, from the sale of the utility service within the City for which this franchise is granted, and any other information needed to calculate the Franchise Fee in SECTION THREE. Any neglect, omission or refusal by said Grantee to file such verified statement, or to pay said Franchise Fee, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder.
SECTION FIVE
The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex or consolidate with additional territory, any and all franchise rights and privileges owned by the Grantee therein shall likewise be deemed to be abandoned within the limits of the additional territory.
SECTION SIX
The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the Grantee; nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof.
SECTION SEVEN
The Grantee of this franchise shall:
(a) Construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore, or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions
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6 of general laws relating to the location and maintenance of such facilities; (b) Pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise;
(c) Grantee shall also be liable to the City for all damages proximately resulting from the failure of Grantee to observe and perform the provisions of this Franchise. This subsection (c) shall survive the termination or expiration of this Franchise and shall continue for so long as the franchise property of Grantee is located within the City. (d) Grantee shall indemnify, defend and hold harmless City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the City for all damages proximately resulting from the failure of said Grantee to well and faithfully observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California. Grantee acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liability that arise out of, result from, or are in any way connected with the release or spill of any legally designated hazardous material or waste as a result of the use or existence of the pipes and appurtenances that are the subject of this Franchise are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorney's fees, disbursements, and other response costs are expressly within the scope of this indemnity. This subsection (d) shall survive the termination or expiration of this Franchise and shall continue for so long as the franchise property of Grantee is located within the City. (e) In the event the use of any franchise property is discontinued, Grantee shall promptly notify the Engineer of any material discontinuance and remove from the street all such discontinued property, unless the Engineer permits such property to be abandoned in place in accordance with the requirements of the Engineer (subject to applicable requirements of the California Public Utilities Commission). After abandonment, at the option of City, Grantee shall
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6 submit to the Engineer, an instrument, reasonably approved by the City and Grantee, transferring to the City the ownership of such franchise property.
(f) City shall have the right to change the grade, width or location of any street, or improve any street in any manner, including but not limited to the laying of any sewer, storm drain, drainage facility, or other pipe, or construct and install any pedestrian tunnel, traffic signal, street lighting facility or other public improvement; provided, however, that nothing herein is intended to expand or limit the duty of Grantee to relocate at its expense under Public Utilities Code Section 6297 or common law, and as such law may change from time to time by judicial interpretation or by statutory enactment. If such work shall require a change in the position or location of any of Grantee's facilities or equipment, Grantee, at its
sole expense, within ninety (90) days after written notice from the Engineer, shall commence the work of doing any and all things to effect such change in position or location in conformity with the Engineer's written instructions.
(g) This franchise may not be transferred (voluntarily, involuntarily, or by operation of law), leased, or assigned by Grantee except by consent in writing of the Common Council, which shall not be unreasonably withheld or unreasonably conditioned and unless the transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms hereof; provided, however, that the foregoing shall not apply to Grantee's inclusion of the franchise as security under a mortgage, deed of trust or other security agreement securing the repayment of bonds or notes. Grantee shall file with the City Clerk and City Administrator of the City within thirty (30) days after any sale, transfer, assignment, or lease of this Franchise, or any part hereof. or of any of the rights or privileges granted hereby, written evidence of the same, certified thereto by the Grantee or its duly authorized officers.
SECTION EIGHT
The City Treasurer, or any certified public accountant. or qualified person designated by the City, at any reasonable time during business hours, may make examination at Grantee's offices of its books, accounts, computerized data, and records, germane to and for the purpose of verifying
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6 the data set forth in the statement required by SECTION FOUR hereof.
SECTION NINE
(a) Any pipes and appurtenances laid, located or maintained under said franchise shall be so placed as not to interfere with the use of the streets by the traveling public or for public purposes to any greater extent than is reasonably necessary; and in laying said pipes and appurtenances, Grantee shall fill the trench and leave the surface of the streets in as good condition as it was prior to excavating for laying said pipes and appurtenances; and any pipes and appurtenances laid or maintained under said franchise shall be laid, located and maintained in conformity with instructions given by and to the satisfaction of the Engineer; and Grantee, its successors and assigns, shall hold the City harmless from all damage resulting from the laying, use or operation of said pipes and appurtenances.
(b) Where it is necessary to lay any underground pipes and appurtenances through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable, as determined by the Engineer, shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor, and Grantee shall restore such street, or portion of street, to as good a condition as existed before such work was done and such restoration shall be completed to the reasonable satisfaction of the Engineer.
SECTION TEN
If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, Grantee shall, at its own cost and expense, immediately repair any such damage and restore such portion of such damaged street to as good condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable satisfaction.
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6 SECTION ELEVEN
(a) If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited.
(b) The City may sue in its own name for the forfeiture of this franchise, in the event of noncompliance by the Grantee, its successors or assigns, with any of the conditions thereof. The remedy of forfeiture shall be in addition to any other legal rights, remedies, or causes of action the City may have, including but not limited to, the right to terminate under Section Two (c).
SECTION TWELVE
The Grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty (30) days after the City shall furnish such Grantee with a written statement of such expenses.
SECTION THIRTEEN
After the publication of this ordinance, the Grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions hereof.
SECTION FOURTEEN
The City Clerk of the City of San Bernardino shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause the same (with a list of the Council members voting for and against) to be published once 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 FIFTEEN
For purposes of this franchise, the City Council finds that this franchise agreement with
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6 Southern California Gas Company does not constitute a “project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et. seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and, therefore, does not require environmental review. Specifically, under State CEQA Guidelines section 15378, “project” does not include administrative activities or government fiscal activities that do not involve any commitment to any specific project which may result in a physical change in the environment. For purposes of this franchise agreement, the City Council further finds that even if this franchise agreement constituted a “project” for purposes of CEQA, the project would be exempt from environmental review under State CEQA Guidelines section 15301 (Existing Facilities), 15320 (Organization of Local Agencies), and 15061(b)(3), which exempts projects for which it can be seen with certainty will not result in significant environmental impacts. None of the exceptions found in State CEQA Guidelines section 15300.2 to the use of these exemptions are present. The City Council hereby directs staff to file a Notice of Exemption with the County Clerk within five (5) working days of the adoption of this Ordinance.
SECTION SIXTEEN
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional or invalid. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION SEVENTEEN
This Ordinance shall take effect thirty (30) days after its adoption.
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6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
City Attorney
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6 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-1621, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6 th day of September 2023. Ordinance No. MC-1621 was approve passed and adopted at a regular meeting held the 4th day of October, 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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Adopted August 4 2003
Effective September 4 2003
2 ORDINANCE NO MC
1149 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYTHE MAYORAND COMMON COUNCILOF THE CITYOF
SAN BERNARDINODO ORDAINAS
FOLLOWS SECTION
ONE
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III
27 28 Wheneverin this ordinancethe wordsor phrases hereinafterin this section definedare usedthey shall havethe respectivemeaningsassignedto themin the following definitionsunlessin the given instancethe context whereinthey are used shall clearly importa different
meaning a The word Granteeshall mean Southern CaliforniaGas Company and its lawful successorsor
assigns b The word City shall meanthe Cityof San Bernardinoa Charter City anda municipal corporationof the Stateof Californiain its present incorporatedform or in any later reorganized consolidatedor reincorporated
form c The word streets shall meanthe public streets ways alleysand placesas the same now or may hereafterexist within said City d The word Engineershall meanthe City
Engineer 1
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYe The word franchiseshall meanand includeany authorization granted hereunderin termsof a franchise privilegepermit licenseor otherwiseto lay and use pipes and appurtenancesfor transmittingand distributinggas for any andall purposesunder along acrossor uponthe public streets ways alleysand placesin the City as more fully set forth in Section Two a
below f The word gas shall mean naturalor manufacturedgas or a mixture of naturaland manufactured
gas g The phrasepipesand appurtenancesshall meanpipe pipeline cable main servicetrap vent vault manhole meter gauge regulatorvalve conduit appliance attachmentadjunct communicationsline appurtenanceand any other property locatedor to be locatedin upon along across underor over the streetsof the City and usedor useful in or in carryingon the businessof transmittingand distributinggas and h The phraselay and use shall meanto lay constructerect install operate maintainuse repair replaceor
remove
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I AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYi The phrase adjunct communicationsline shall meanany facility such as coaxialcable opticalfiber wire or other transmissionlines or formsof transmission and associated equipmentand devices locatedin upon along across underor over the streets of the City the sole functionof whichis to monitoror controlthe operationor safetyof the gas system facilitiesvia the distributionof video audio voice or data signalsAn adjunct communicationsline shall not includeany facility which distributesthroughany means to subscribersor personsother than granteethe signalof one or more broadcast television or radio stationsor other sourcesof video audio voice or data signalsfor a lengthin excess of 1
000 feet
SECTION TWO a That the right privilege and franchisesubjectto eachandall of the terms and conditionscontainedin this ordinance andpursuantto Chapter14 04 Sections14
04 01014 04 030 ofthe San BernardinoMunicipalCodeis hereby grantedto Granteeto lay and use pipesand appurtenancesfor transmittingand distributinggas for any and all purposesunder along acrossor uponthe streetsof the City Any proposed telecommunicationor other non gas system usesmust be approvedby the City under a separatefranchiseor otherapplicable
City
permit
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYb The termor periodof this franchiseshallbe twenty20 years from and after the effectivedate hereofthatis to say this franchiseshall endurein full force and effect until the same shall with the consentof the Public Utilities Commissionof the State of Californiabe voluntarily surrenderedor abandonedby its possessoror until the State of Californiaor some municipalor public corporation thereuntoduly authorizedby law shall purchaseby voluntary agreementor shall condemnand take underthe powerof eminent domainall propertyactuallyused and usefulin the exercise ofthis franchiseand situated withinthe territoriallimitsof the State municipalor public corporation purchasing or condemningsuch propertyor until this franchiseshallbe forfeitedfor noncompliancewith its termsby the possessor
thereof c City shall havethe rightto terminatethis Franchiseby ordinanceat any time shouldanyof the following events occuri the Granteefailsto complywith any material provision hereof or ii the City purchasesthroughits powerof eminent domain or otherwiseall of the franchise propertyof GranteeThe Granteeshallbe given thirty 30 days written noticepriorto the beginningof any termination proceeding
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n
l AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
THREE a The Granteeshall payto the Cityat the times hereinafterspecified in lawful moneyof the United Statesa total annual FranchiseFee initially calculatedas of JanuaryI 2003and paidin the following
manner i Gross Receiptsfrom the Saleof GasA fee thatis equalto the higher
of A Two percent2 of the gross annual receiptsof the Grantee derivedfrom the use operationor possessionof this franchise Broughton Act Formula
or B 2 of the gross annual receiptsof the Grantee derivedfrom the sale transmissionor distributionof gas withinthe limitsof the City under this
franchiseC In the eventthe legislature amendsthe FranchiseAct of 1937 Public Utilities Code 962016302 or enacts any otherstate law which increases the franchisepaymentto citiesto a level greaterthan thatprovidedin thisSection3 a then the City shall havethe optionof prospectivelyemploying the legislativeformula which shall applyfor the remainingtermof this agreementinsteadof the paymentsset forthin Section3 a hereinIf the City exercisessaid optionthe legislative formulashallbe prospectivelyapplied heretoon the 5
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYlaterof the effectivedateof the legislationor JanuaryI of the calendaryear in whichthe City exercisedsaid
option ii The MunicipalPublic LandsUse Surchargeas providedby Public Utilities Code Sections6354 and followingas maybe amendedfrom timeto time b The FranchiseFee as describedin subsectionsa i and a ii above shallbe paidin four installmentseach installmentbeing equalto the total gross receiptsof the preceding calendarquarter employingthe gross receipts formulaplus the amountof the In Lieu Fee for the preceding calendar quarter Each installmentshallbe paidto the City on or priorto the twenty fifth 25thday of the second monthfollowing the respective quarter for whichpaymentis madeexceptfor the final quarterlypaymentfor the year which shall be paid on or prior to March31 st For example the installmentfor the firstquarterof the year January throughMarchshall be paid to the City on May 25th Any overpayment shall be recovered by Granteeby setoff against futureinstallmentsor if the franchise has been terminated such overpaymentor the balancethereofshall be payableby City to Grantee upon
written
demand
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
FOUR a Any noticesshallbe in writingandbe deliveredby courier serviceor by certifiedmail return receipt requestedor by telecopywitha confirmingcopy mailed first class mailby the next businessdayto the other partyat the address shown belowor at such other addressas the party may designateby written notice deliveredin the manner providedfor
hereinCityof San
Bernardino300 N D
StreetSan BernardinoCA
92418 Telecopy909
384 5158 Telephone
909 384 5002
Attn CityClerk Witha copyto City
of SanBernardino300
N D Street San
Bernardino CA 92418
Telecopy 909 384
5138 Telephone909
384
5122
Attn
City
Administrator
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MC 1l49 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITY
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19 III Southern CaliforniaGas
Company555 West Fifth
StreetLos AngelesCA
900131011P O
Box 3249 Los Angeles
CA 90051 1249
Telecopy number 213
244 8223 Confirmationnumber 213 244
5701 AttnSenior Vice
President Distribution Operationsand
a copy to Southern
CaliforniaGas Company555 West
FifthStreetLos Angeles
CA 90013 10 II
P O Box
3249 Los Angeles
CA 90051 1249 Telecopynumber 213 244 4997
Confirmationnumber
213
244 2528
Attn
Fees
and
Tax
Manager
Regional
Public
Affairs
20 III
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYb This grantis madein lieuof all other franchisesownedby the Granteeor by any successorof the Granteeto any rights underthis franchisefor transmitting and distributinggas withinthe limitsof the City as said limits nowor may hereafterexist and the acceptanceof the franchisehereby grantedshall operateas an abandonmentof all such franchiseswithinthe limitsof this City as such limits now or may hereafterexistin lieu of whichthis franchiseis grantedThis grant also supersedesthat certain Resolution 2003 37 granting a revocablelicenseto the SouthernCalifornia Gas Companyfor its operations in the City of San Bernardinoadoptedat the Mayor and CommonCouncilmeeting of January21 2003and the Revocable Licensebetweenthe parties executedpursuantto said Resolutionc TheGranteeof this franchiseshall file with the Clerkof the City withinthree 3 monthsafter theexpirationof the calendaryear or fractional calendar year followingthedate of thegrant of this franchise and withinthree 3 months after the expirationof each and every calendar yearthereaftera duly verified statement showingin detail the total grossreceiptsof the Grantee its successorsor assignsduring the precedingcalendaryear or such fractionalcalendaryear from the sale of the utility service withinthe City for which thisfranchiseis grantedand any other informationneeded to calculate the FranchiseFee in SECTIONTHREE Any neglectomission or refusalby saidGrantee to file such verifiedstatementor to pay said FranchiseFee at the timesor in the manner hereinbeforeprovidedshall be groundsfor the declarationof a forfeitureof this franchiseand of all
rights thereunder 9
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
FIVE The franchisegranted hereundershall not become effectiveuntil written acceptancethereofshall have been filedby the Grantee thereofwith the Clerkof the City Whenso filed such acceptanceshall constitutea continuing agreementof the Granteethat if and whenthe City shall thereafter annexor consolidatewith additionalterritoryany and all franchiserightsand privilegesownedby the Grantee thereinshall likewisebe deemedto be abandonedwithinthe limitsof the additional
territory SECTION
SIX The franchisegranted hereundershall notin any way or to any extent impair or affectthe rightof the Cityto acquirethe propertyof the Grantee hereof eitherby purchase or throughthe exerciseof the rightof eminent domainand nothing herein containedshall be construedto contractawayor to modifYor to abridge eitherfor a termor in perpetuity the City s right of eminentdomain in respectto the Granteenor shall this franchiseever be given any valuebefore any court or other publicauthorityin anyproceedingof any character in excessofthecost to the Granteeof the necessarypublicationand any othersumpaidby it to the Citythereforat the time of the
acquisition thereof
SECTIONSEVEN TheGranteeof this
franchise shall a constructinstall and maintainall pipes and appurtenances in accordancewithand in conformitywithall of the ordinancesrules and regulations heretofore 10
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYor hereafteradoptedby the legislativebodyof this Cityin the exerciseof its police powersand notin conflictwith the paramountauthorityof the Stateof Californiaand as to State highwayssubjectto the provisionsof generallaws relatingto the locationand maintenance of such
facilities b payto the City on demandthe costof all repairsto public propertymade necessaryby any operationsof the Granteeunderthis franchise c Granteeshall alsobe liableto the City for all damages proximatelyresultingfrom the failureof Granteeto observeand performthe provisionsof this FranchiseThis subsectionc shall survivethe terminationor expirationof this Franchiseand shall continuefor so longas the franchise propertyof Granteeis located withinthe City d Granteeshall indemnify defendand hold harmlessCity andits officers from any and all liabilityfor damages proximatelyresultingfrom any operationsunder this franchiseand be liableto the City for all damages proximatelyresultingfrom the failure of said Granteeto well and faithfully observeand performeach and every provisionof this franchiseand each and every provisionof Division3 Chapter2 of the Public Utilities Code of the Stateof California Grantee acknowledgesthat any claims demandslosses damagescosts expensesand legal liabilitythat arise out of result from or arein any way connectedwith the releaseor spillof any legally designated hazardous materialor wasteas a resultof the use or existenceof the pipesand appurtenancesthat are the subjectof this Franchise are expresslywithinthe scopeof this indemnityand that the costs expensesand legal liability 11
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYfor environmental investigationsmonitoring containmentabatementremoval repair cleanup restoration remedialwork penaltiesand fines arising fromthe violationof any local stateor federallaw or regulation attorneys fees disbursementsand other responsecosts are expresslywithin the scopeof this indemnity Thissubsectiond shall survive the terminationor expirationof this Franchiseand shallcontinuefor so long as the franchiseproperty of Grantee is locatedwithin
the Citye In the event the use of any franchiseproperty is discontinuedGrantee shall promptlynotify the Engineerof any materialdiscontinuanceand removefrom the street all such discontinuedpropertyunless the Engineerpermits suchpropertyto be abandonedin place in accordancewith therequirementsof the Engineersubject to applicablerequirementsof the California Public Utilities Commission Afterabandonmentat the option of City Grantee shallsubmitto the Engineer an instrumentreasonablyapprovedby the City and Granteetransferringto the City the ownershipof such franchise propertyf City shall have the right to changethe grade width or location of any street or improve anystreet in any mannerincludingbut not limitedto the laying of any sewer storm drain drainagefacility or otherpipe or constructand install any pedestriantunnel traffic signal street lightingfacility or other public improvement providedhoweverthat nothingherein is intendedto expandor limit the duty of Grantee to relocateat its expense under Public Utilities Code Section6297 or commonlaw and as such law may changefromtime to time by judicialinterpretationor by statutoryenactmentIf such work shall require a changein the position or locationof any of Grantees facilities or equipment Grantee at its 12
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYsole expense within ninety90 days after written notice from the Engineershall commencethe workof doingany and all thingsto effect such changein positionor location in conformitywith the Engineer s
written instructionsg This franchisemaynot be transferred voluntarilyinvoluntarily or by operationoflaw leasedor assignedby Grantee exceptby consentin writingof the Common Council which shall not be unreasonablywithheldor unreasonably conditionedand unless the transfereeor assigneesthereof shall covenantand agreeto performand be boundby each and all ofthe terms hereof provided howeverthat the foregoingshall not applyto Grantee s inclusionof the franchiseas securityunder a mortgagedeed of trust or other security agreementsecuring the repaymentof bonds or notes Granteeshall file with the City Clerkand CityAdministratorof the City withinthirty30 days after any sale transferassignmentor lease of this Franchiseor any part hereofor of any of the rights or privilegesgranted hereby writtenevidenceof the same certifiedtheretoby the Granteeor its duly
authorized officers
SECTIONEIGHTThe City Treasureror any certified publicaccountantor qualified persondesignatedby the City at any reasonabletime during businesshours may makeexamination at Grantees offices of its booksaccountscomputerizeddata and recordsgermane to and for the purposeof verifyingthe dataset forth in thestatement required by SECTION
FOUR hereo f 13
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
NINE a Any pipesand appurtenanceslaid locatedor maintainedunder said franchiseshallbe so placedas not to interferewith the use ofthe streetsby the travelingpublicor for public purposesto any greater extent thanis reasonably necessaryandin layingsaid pipesand appurtenancesGranteeshallfill the trenchand leavethe surfaceof the streetsin as good conditionas it was priorto excavatingfor layingsaid pipesand appurtenances and any pipesand appurtenanceslaid or maintainedunder said franchiseshallbe laid located and maintainedin conformitywith instructionsgivenby andto the satisfactionof the Engineerand Granteeits successorsand assignsshall hold the City harmlessfromall damage resultingfrom the laying use or operationof said pipesand appurtenancesb Whereit is necessaryto lay any undergroundpipesand appurtenancesthrough underor acrossany portionof a pavedor macadamizedstreetthe same where practicableand economicallyreasonableas determinedby the Engineershallbe doneby a tunnelor bore so as not to disturbthe foundationof such pavedor macadamizedstreetand in the event that the same cannotbe so done such work shallbe done undera permitto be grantedby the Engineerupon applicationthereforand Granteeshall restoresuch street or portionof streetto as gooda conditionas existed before such work was done and such restorationshallbe completedto the reasonable satisfactionof the Engineer 14
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19 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
TENIf any portionof any street shallbe damagedby reasonof defectsin anyof the pipesand appurtenances maintainedor constructedunderthis grantor by reasonof any other cause arising fromthe operationor existenceof any pipesand appurtenances constructed or maintainedunderthis grant Granteeshallat its own cost and expense immediately repairany such damageand restoresuch portionof such damagedstreetto as good condition as existed before such defector other causeof damage occurredsuch workto be done under the directionof the Engineerandto his reasonable
satisfaction SECTION
ELEVEN a If the Granteeof this franchiseshallfail neglector refuseto complywith any ofthe provisionsor conditionshereofand shall not within ten 10 days after written demandfor compliancebeginthe workof complianceor after such beginningshall not prosecutethe same with due diligenceto completionthen the Cityby its legislativebody may
20 declarethis franchise
forfeited
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27 28 b The City may suein its own namefor the forfeitureof this franchise in the eventof noncomplianceby the Granteeits successorsor assignswith anyof the conditions thereofThe remedyof forfeitureshallbe in additionto any otherlegal rights remediesor causesof actionthe City may have includingbut not limitedto the right to terminateunder Section Two
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
TWELVEThe Granteeof this franchiseshall payto the Citya sumof money sufficient to reimburseit for all publication expenses incurredby it in connectionwith the granting ofthis franchisesuch paymentto be made within thirty 30 days after the City shall furnish such Granteewitha written statementof such
expenses SECTION
THIRTEENAfterthe publicationof this ordinancethe Granteeshall file with the City Clerka written acceptanceof the franchisehereby grantedand an agreementto comply with the termsand conditions
hereof SECTION
FOURTEENThe City Clerk shall certifyto the adoptionof this ordinanceand within 15 days afterits adoptionshall causethe same witha list of the Council membersvotingfor and againstto be published oncein The Sun or a newspaperof general circulationin the city of San
Bernardino
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27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYI HEREBY CERTIFYthat the foregoing ordinancewas duly adoptedby the Mayor
joint and Common Councilof the Cityof San Bernardinoat a regular meeting thereof held on the 4th day of August 2003the followingvoteto
wit COUNCIL MEMBERS AYES NAYS ABSTAIN
ABSENT ESTRADA
X
LONGVILLE
X
MCGINNIS
DERRY
X SUAREZ
X ANDERSON
X
MCCAMMACK
X R
Cl
U The foregoing ordinanceis hereby approvedthis5 tL dayof AUgUR 2003 Approvedas
to Formand legal
content
h VALLESMayor
f San
BernardinoJAMESF
PENMAN CityAttorney
By L
7 o 17
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, and Economic Development Subject: Discussion of Crushing and Grinding Operations in the City, the Repeal of Resolution 2020-265, and a Development Code Amendment Updating Temporary Use Permits
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Discuss the repeal of Resolution No. 2020 - 265;
2. Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On- site and Off-site Contractor’s Construction Yards); and
3. Provide additional direction to staff regarding the topics discussed.
Executive Summary
This report is prepared pursuant to City Council request to bring forward a Development Code Amendment to update the Temporary Use Permit (TUP) Section to address crushing and grinding of materials (i.e., concrete/asphalt/bedrock).
Information provided in the report provides a background of prior actions, an overview of crushing and grinding, situations where crushing and grinding might occur, environmental aspects, the proposed Development Code Amendment (DCA), and the Carousel Mall demolition with crushing and grinding.
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Background
The discussion and concerns about crushing and grinding arose from the placement of construct concrete debris on the “Oxbow” property Tentative Tract Map (TPM) 16794, located on the west side of Palm, north of Verdemont Avenue (Assessor Parcel Numbers 0261-011-08, 13, and 14). The intent expressed was to “crush and grind” the debris onsite and use the crushed materials as fill for the proposed residential subdivision. City and community concerns arose regarding the on-site crushing and grinding of the materials, which prompted the approval of Resolution No. 2020-265 restricted crushing and grinding within 1,000 feet of residential, which left removal of the materials the only option for the Oxbow property (TPM 16794).
On October 21, 2020, the Mayor and City Council adopted Resolution No. 2020-265 (Attachment 1). The adoption of the Resolution is an result of the import of construction materials including concrete onto a property site, located at the which articulated the following:
•Stockpiles of building materials shall only be permitted in conjunction with the issuance by the City of a grading permit or building permit. •Stockpiles of building materials shall consist only of finished materials ready for grading or construction.
•No Temporary Use Permit (TUP) may be issued to permit the crushing or grinding of unfinished, raw materials such as rock, concrete, or similar at a residentially zoned site or in any other zone within 1,000 feet of a residentially zoned property.
•If a TUP is issued permitting the crushing or grinding of unfinished, raw materials such as rock, concrete, or similar, City staff shall condition the TUP in such a manner to address public health, safety, and welfare. Such conditions shall, among others, address dust mitigation, noise mitigation, site security, and compliance with all applicable air quality and water quality standards.
On September 13, 2022, based on City Council direction, the Planning Commission considered an amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On-site and Off-site Contractor’s Construction Yards) of the City of San Bernardino Development Code (Title 19) regarding stockpiles and material crushing and grinding, with additional modifications proposed by staff.
Staff identified a need to allow on-site crushing on a limited basis at the properties approved for development within 1,000 feet of residentially zoned properties if it can be demonstrated through physical or operational means that the potential community impacts are reduced or eliminated or that it is less invasive than other options for material processing.
The Planning Commission expressed concerns about the proposed amendment related to the impacts of on-site material crushing. Concerns were related to dust, noise, water quality, and operational conditions of crushing activities when in close
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proximity to existing residential or other sensitive receptors, such as schools. The item was continued off-calendar.
On October 11, 2022, the Planning Commission held a workshop to discuss proposed amendments. Staff summarized the on-site crushing regulations from other cities and discussed dust control measures and typical noise levels for mobile crushing equipment. Following the discussion, the Planning Commission directed staff to include the amendments for consideration at the November 8, 2022, Planning Commission meeting.
On November 8, 2022, the Planning Commission considered the proposed amendments with the additional changes based on their feedback. Following discussion, the Planning Commission continued the item until after the results of the Mayoral election of November 8, 2022, were completed.
On December 13, 2022, the Planning Commission again considered the proposed amendments with the additional refinements made based upon Planning Commission guidance at the November 8, 2022, hearing. Following discussion, the Planning Commission directed staff to revise the language to require Planning Commission approval for all Temporary Use Permits for on-site crushing and continued the item to January 10, 2023, Public hearing.
On January 10, 2023, the Planning Commission Denied Development Code Amendment 22-06, a City-initiated amendment to Chapter 19.31 (Administration) and Section 19.70.035 (B) (Development and Operating Standards for Temporary Use Permits - On-site and Off-site Contractors’ Construction Yards) of the City of San Bernardino Development Code (SBMC Title 19) to update the Temporary Use Permits Development and Operational standards for On-site and Off-site Contractors’ Construction Yards with regard to stockpiles and material crushing (Attachment 2 January 10, 2023, Planning Commission Staff Report).
On February 1, 2023, under the “Items to be Considered for Future Meetings”, the Mayor and City Council, by majority vote, directed staff to prepare a staff report so that the Mayor and City Council could consider the possible repeal of Resolution No. 2020- 265 and the possible issuance of a written notice directing the Planning Commission, in accordance with Government Code Section 65853, to render within 40 days its report on crushing restrictions of unfinished materials within 1,000 feet of residentially zoned property.
On March 14, 2023, the Planning Commission adopted Resolution No. 2023-007, forwarding a recommendation that the Mayor and City Council maintain the status quo regarding existing regulations for on-site material crushing or grinding of unfinished materials and deny any amendments to the Development Code to allow on-site crushing or grinding of unfinished materials within 1,000 feet of residentially zoned properties, in its entirety, based on public health, safety, and welfare concerns
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expressed during deliberation (Attachment 3 March 14, 2023, Planning Commission Staff Report and Resolution 2023-007).
Since this time, the City initiated the demolition of the Carousel Mall. The onsite crushing and grinding operation for the Carousel Mall is in compliance with the Resolution, as it is not within 1,000 feet of residential and is surrounded by commercial uses.
Discussion
Introduction
The discussion section provides an overview of what crushing and grinding is, equipment used, crushing and grinding materials versus removal, and the environmental impacts. This report relies on information from staff research, projects completed in other cities, and an independent analysis prepared by UltraSystems Environmental Inc.
The remaining items include the City of San Bernardino process (referenced), the Proposed Development Code Amendment, and an overview of the Legalities of the Carousel Mall.
Discussion of the Oxbow property is not included in this report, as the intent was to obtain the Mayor and City Council direction on crushing and grinding first. Then bring back a site specific with anticipated removal costs at a future meeting. However, staff is prepared to respond to questions.
Crushing and Grinding
Crushing is the process in which large pieces of aggregate are converted into smaller pieces, typically resulting in a coarse product. Grinding, however, involves the processing of coarse product into a smaller, finer product. Crushing and grinding operations for construction and demolition involve the use of heavy-duty machinery to crush and grind concrete, rock, asphalt, and other materials into smaller pieces that can be reused or recycled. The process typically involves the following steps:
1. Site Preparation: The construction or demolition site is cleared of any debris or obstacles to create a suitable area for the crushing and grinding operation.
2. Crushing: Large pieces of concrete, rock, asphalt, or other materials are crushed using heavy-duty equipment such as jaw crushers or cone crushers. This breaks the material down into smaller pieces that can be further processed.
3. Sorting: After the initial crushing process, the materials are sorted by size and quality. Materials that are not suitable for reuse or recycling are separated and disposed of properly.
4. Grinding: The smaller pieces of materials are further ground down into even smaller particles using equipment such as ball mills or vertical roller mills.
5. Screening: The ground materials are then screened to remove any unwanted particles and to ensure that they meet the desired specifications for reuse or
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recycling.
6. Reuse or recycling: The crushed and ground materials can be used as a base material for new construction projects or as a component in new construction materials such as recycled concrete or asphalt.
A concrete crusher makes the removal, disposal, and recycling of concrete much safer, more efficient, and more manageable. Once materials are crushed/ground, they can also be used on-site to mix with the natural soil and worked/graded back into the project site for development.
When are Crushing and Grinding Operations Used?
Bedrock
During project development, geotechnical analysis and reports are prepared, which determine what foundations are needed for development projects. Depending on the soil type at the project site, there may be bedrock that would need removal in order to construct those foundations. Removal of bedrock would be performed by blasting, machine, equipment, hand chisel, etc. Blasting requires additional permits. Depending on the method, large chunks of bedrock could remain on the project site. Crushing and grinding that material could be considered for the project.
Bedrock is a natural formation that occurs throughout California. There are limited locations where bedrock can be found in the City. So, the potential for crushing and grinding or removal would be in limited locations. Bedrock outcrops occur primarily along the City's upsloping northern boundary with the San Bernardino Mountains and in the northern central part of the city as isolated outcrops, with bedrock type and occurrence split by the San Andreas Fault. To the south and away from the San Gabriel and San Bernardino Mountains, and throughout much of the city, the shallow subsurface is predominantly comprised of Quaternary alluvial sediments (see Attachment 5 Location Map for Bedrock).
Structure Demolition
Factors that determine the best options for addressing the removal of construction materials from a site are the size of the site, the type of material being removed, the cost, and environmental considerations. Smaller projects, such as single-family homes, commercial and industrial wood-frame buildings, and smaller concrete buildings (i.e., 10,000 square feet), would likely be demolished and sent to a disposal facility.
Larger buildings, such as a regional mall, 100,000 square foot building, road projects, and bridge removal, would likely have crushing and grinding on-site. The crushed materials would then be either reused on-site or hauled off. Crushing and grinding on- site could be the most cost-effective option especially when the ground materials can be reused in the grading as fill or new project construction, and more importantly, the least environmentally impactful option.
Disposition of Construction Materials
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The rising cost of landfills for construction, demolition, and land-clearing debris triggered the need for an alternative means of disposing of concrete from construction and demolition operations. Prior to environmental awareness, rubble was massively disposed of in landfills. With more awareness about the environment, concrete/materials recycling allows the reuse of rubble which in turn drastically lowers construction costs.
Recycling crushed concrete is important as it reduces waste significantly. Most of the impact is invisible but over time, transportation costs, fuel usage, wear and maintenance of the transportation roadway, additional greenhouse gas emission, and use of raw materials take their toll. With construction being an ongoing process around the world, these elements add up to big challenges.
Recycling is our society’s best way of reducing waste – and concrete is no different from cans, plastics, and paper. It can be used again. Currently Cal Recycle requires 65% of the construction waste materials to be recycled and the recycling requirement is expected to increase in the future.
When removing bedrock, demolishing, redeveloping, or renovating a site, disposing of used construction materials is a key phase that is often overlooked. After the demolition team has finished toppling concrete structures, excavating foundations, and digging up floors, all that material must go somewhere.
Crushing and Grinding Versus Removal
When would you have crushing and grinding on-site, and when would materials be removed? Prior to the demolition of a structure or large paved surface, an analysis of the removal and disposal of the materials is completed. An analysis would normally occur when reviewing a proposed project at entitlement, during the grading plan review process, demolition permit, and stockpile phase. While the cost for the owner is a factor in a decision on whether to remove the final materials or re-use them on-site, environmental factors must also be considered and can outweigh cost considerations.
One of the main environmental factors/impacts is air quality. While crushing and grinding have some air quality impacts due to dust and GHG emissions, the truck trips generated with the removal are greater. For this reason, there are times when crushing and grinding on-site is the most effective option. Noise is another factor/impact and can occur with on-site crushing machines and truck loading, unloading, and driving.
The Independent Analysis reference environmental impacts and some air quality and Greenhouse Gas (GHG) analysis.
Environmental Impacts
When analyzing onsite crushing and grinding versus removal, environmental impacts and mitigation play a major role. The analysis is what option has the least environmental impact and what mitigations measures are needed to address those impacts.
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On-site Crushing and Grinding
On-site crushing and grinding may be the best option by:
•Reducing transportation costs by processing materials on-site. •Reusing the crushed materials on-site.
•Reducing the need for new virgin materials.
•Reducing the amount of waste sent to landfills.
•Reducing roadway wear and maintenance,
•Reducing GHG, through the reduction of truck trips.
Removal of Materials
The removal of the materials may be a better option for smaller projects where structures can be demolished, and the debris trucked off the project site. In these cases, the materials may not be needed for a new project and therefore removal is the best option. Cost is a factor and bringing in equipment to crush and grind may be cost prohibitive for smaller sites. Environmentally, the removal may be less impactful with the removal when considering the number of truck trips, emissions, dust, vibration, etc.
However, it is important to ensure that the crushing and grinding operations or debris removal are carried out safely and in compliance with any relevant regulations and standards.
Environmental Review
The following areas of potential impact should be analyzed for either on-site operations or removal.
Noise - On-site crushing and grinding operations can generate high levels of noise due to the use of heavy machinery such as crushers, grinders, and loaders. The noise levels can vary depending on several factors, such as the type of equipment used, the size and hardness of the materials being processed, and the location of the operation.
Removal of debris will also result in noise impacts with the loading equipment, loading debris into semi-trucks, and the movement of the materials on-site.
It is important to note that noise levels can vary significantly based on the type of equipment used, the size of the operation, and the characteristics of the surrounding environment. Therefore, it is recommended to conduct a noise assessment to determine the actual noise levels and to implement appropriate measures to minimize the impact of noise on neighboring communities, such as installing noise barriers or scheduling work during appropriate times to minimize exposure.
Air Quality – Potential air quality environmental impacts include equipment emissions and fugitive dust. Production and hauling equipment are the primary air quality impacts. Dust, if not adequately mitigated, is also a concern.
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Protecting the workers and surrounding community from dust and emissions is important to include in an analysis. To address these concerns, it is recommended to conduct an air quality study to evaluate the emission and dust impacts and have the appropriate mitigation measures. The crushing equipment is typically equipped with water spraying mechanisms to keep the crushing operation in a wet condition and minimize fugitive dust. The crushed material stockpile can also be managed by regular wetting and covering to minimize fugitive dust.
Water Quality – The State has requirements for Best Management Practices (BMPs) for construction sites. Cities also is tasked to ensure that those BMPs are being implemented and address any potential runoff and drainage. A Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD).
Crushing and grinding operations to break down large-scale debris on-site, occurs throughout communities through regular business operations. If part of a new project the demolition (including crushing and grinding) would be address in through a document prepared under the California Environmental Quality Act (CEQA). If not, it would be included in either a temporary use permit process (i.e., contractors storage yard) or a demolition permit through a building department.
In many cases, the demolition of former mall buildings are considered with the plans for redevelopment of the property. Redevelopment of the properties include the development and analysis of master plan, infrastructure, grading, the demolition, and preparation of a CEQA document. Most recent mall redevelopment projects include Environmental Impact Reports (EIRs) that would analyze the demolition portion, as well as the future site development, and provide the appropriate mitigation measures.
Crushing and Grinding Operations and Permitting
Crushing and grinding of materials or removal of demolition debris are normally handled through cities’ permit processes. Those permits could include demolition, blasting, and hauling permits, and in some cases, temporary use permits.
Other agencies could also require permits, for example the South Coast Air Quality Management District (SCAQMD). Cities do not regulate those permits.
For crushing and grinding operations, most of these operations occur on site, due to the magnitude of the demolition and the equipment used. Most demolitions are required as a result of a new structure being built, including new buildings, roads, and bridges. In these cases, the demolition and removal of materials or on-site crushing and grinding are analyzed in the CEQA document.
Permits for stand-alone building demolition, when not part of a new development, are normally ministerial. Therefore, a full environmental analysis is not always required.
Surrounding cities vary in the requirement of on-site crushing and grinding and whether
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it is explicitly included in their development codes. This is likely because on-site crushing and grinding operations occur on a limited basis, primarily for demolition of old buildings, like regional malls making way for redevelopment and roadway/bridge demolition and construction completed for the most part by the California Department of Transportation (Caltrans).
As older concrete buildings decline and redevelopment starts to occur, on-site crushing and grinding is becoming more common. Many cities do not have specific regulations, therefore addressing the demolition and on-site work may be reviewed and approved on a case-by-case basis. Several cities do have requirements in their municipal codes and the proposed TUP Ordinance includes similar provisions.
The Independent Analysis includes examples of demolitions with on-site crushing and grinding operations and information on City processes.
Independent Analysis
The Public Works Department solicited proposals to review crushing and grinding and how other communities address on-site crushing and grinding. UltraSystems Environmental Inc. was selected to prepare the independent analysis report for its extensive corporate experience in the environmental field. The report, Independent Analysis of Crushing Operations, and findings are in Attachment 4.
This report includes data from an independent analysis of when onsite crushing and grinding or removal can be the least environmentally impactful option.
During the presentation of the report and independent analysis, staff has also invited an expert in air quality, greenhouse gas (GHG) emissions, health risk, and noise from MD Acoustics to be available at the City Council to provide additional information respond to questions.
City of San Bernardino Processes in Place for Crushing and Grinding Resolution 2020-265 outlines the City’s current process.
Proposed Development Code Amendment
To address on-site and off-site construction yards with on-site material crushing, a proposed Development Code Amendment (DCA) was written and presented to the Planning Commission. The Planning Commission voted not to adopt it and maintain the status quo with Resolution 2020-265.
The proposed DCA created a specific Temporary Use Permit section that addresses on-site and off-site contractor construction yards and includes provisions for on-site material crushing and grinding. The proposed DCA is included in Attachment 6. Staff recommends that the City Council review the DCA and provide direction to staff to either take it back to the Planning Commission for a recommendation to City Council or for staff to finalize the DCA per City Council direction and bring it back for adoption.
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Legalities of the Carousel Mall
The determination of the demolition of the former Carousel Mall pursuant to Section
15.37.040 of the Municipal Code was made on October 26, 2022, by the Agency Director of Community, Housing, and Economic Development (Attachment 7). The determination was made because, despite continuous attempts to secure the building, the former Mall has become an attractive nuisance, with many individuals trespassing on the property and entering the building, resulting in significant vandalism, destruction of interior spaces, and creating an unsafe environment and criminal activities.
The Notice of Exemption (NOE) was filed on February 13, 2023 (Attachment 8). The NOE states that approval of the Contract is exempt from environmental review pursuant to State CEQA Guidelines Section 15268 (a) for Ministerial Projects. The Contract underwent a Ministerial Review process, and no discretionary Demolition Permit was required for the Contract pursuant to San Bernardino Municipal Code Section 15.37.040. The determination that the Contract did not require a discretionary Demolition Permit because it involved no discretionary judgment by the City of San Bernardino and involved only the use of fixed and objective standards rather than subjective decision-making.
Further, the Contract is exempt pursuant to State CEQA Guidelines Section 15269 (Emergency Projects), as it is necessary to prevent a public health and safety emergency. Given the Carousel Mall building's structural damage caused by vandalism and fire damage, the building is unsafe and constitutes an imminent threat to the health and safety of the public.
The demolition scope includes the demolition and the disposition of the materials, which would include the removal of items and on-site crushing. The demolition is currently underway, with the interior removal of hazardous materials and the demolition of some buildings. On-site crushing and grinding are scheduled to begin in October 2023 and is estimated to take about 30-working days to complete the crushing and grinding operation.
There are no proposed development plans for the Carousel Mall site. As noted previously, the need for the demolition was approved to move forward due to the public health and safety emergency.
In conclusion, there are two options for addressing largescale concrete, rock, asphalt and other hard material on properties:
•Remove materials from the property; or
•Crush and grind on-site.
The option considered should be based on sound analysis of air quality, GHG, noise, and vibration impacts.
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2021-2025 Strategic Targets and Goals
The Crushing and Grinding discussion and direction to staff aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, and, more specifically, 1(a) Establish clear policy direction and predictable organization structures.
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. Discuss the repeal of Resolution No. 2020 - 265; and
2. Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On- site and Off-site Contractor’s Construction Yards); and
3. Provide additional direction to staff regarding the topics discussed.
Attachments
Attachment 1: Resolution No. 2020-265 - Establishing Guidance Relating to the Issuance of TUP
Attachment 2: January 10, 2023, Planning Commission Staff Report Attachment 3: March 14, 2023, Planning Commission Staff Report Attachment 4: Independent Report
Attachment 5: Location Map for Bedrock
Attachment 6: Draft Temporary Use Permit Development Code Amendment Attachment 7: Demolition of Carousel Mall Determination October 26, 2022 Attachment 8: Notice of Exemption (Carousel Mall) dated February 13, 2023 Attachment 9: Crushing and Grinding PowerPoint
Ward:
All Wards
Synopsis of Previous Council Actions:
October 21, 2020 The Mayor and City Council adopted Resolution No. 2020- 265.
February 1, 2023 Under the “Items to be Considered for Future Meetings”, the Mayor and City Council, by majority vote, directed staff to
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prepare a staff report so that the Mayor and City Council could consider the possible repeal of Resolution No. 2020-265 and the possible issuance of a written notice directing the Planning Commission, in accordance with Government code 65853, to render within 40 days its report on crushing restrictions of unfinished materials within 1,000 feet of residentially zoned property.
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Consent Calendar: Agenda Item 4
C
ity of San Bernardino
Request for Planning Commission Action
D
ate: March 14, 2023
To
: Honorable Chairperson and Planning Commissioners
F
rom: David Murray, Deputy Director/City Planner
S
ubject: Development Code Amendment 22-06
(Temporary Use Permits – All Wards)
Applicant
City of San Bernardino – Community and Economic Development Department 201 North E Street, 3rd Floor
San Bernardino, CA 92401
Request
A City-initiated amendment to Chapter 19.31 (Administration) and Section 19.70.035 (B) (Development and Operating Standards for Temporary Use Permits - On-site and Off-site Contractors’ Construction Yards) of the City of San Bernardino Development Code (SBMC Title 19) to update the standards for Temporary Use Permits.
Recommendation
The Planning Division of the Community and Economic Development Department recommends that the Planning Commission take the following action ratifying its decision on January 10, 2023 to maintain the status quo when it comes to the regulations for on- site material crushing, and deny the proposed Development Code Amendment:
1) A
dopt Resolution No. 2023-007 of the Planning Commission of the City of San Bernardino, California, forwarding a recommendation that the Mayor and City Council maintain the status quo regarding regulations for on-site material crushing and further recommending denial of Development Code Amendment 22-06 amending Chapter 19.31 (Administration) and Section 19.70.035 (B) (Development and Operating Standards for Temporary Use Permits - On-site and Off-site Contractors’ Construction Yards) of the City of San Bernardino Municipal Code (Title 19) (Attachment A).
Background
On January 10, 2023, following public testimony, the Planning Commission deliberated on proposed Development Code Amendment 22-06 and raised a number of concerns and questions. Specifically, in considering the language outlining the permitting process
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and application requirements for on- site crushing activities in conjunction with an active building permit or grading permit, the Planning Commission:
Q uestioned the need to allow for on-site crushing;
Questioned the benefit to the City to allow for on-site crushing;
E xpressed concerns about the City’s handling of specific problem properties in the past;
I dentified a lack of City staffing and expertise to manage and enforce the permits; and
Expressed concerns about potential health risks of airborne crystalline silica as a result from on-site crushing, pointing to reports from the National Institute for Occupational Safety & Health (NIOSH).
After closing the public hearing, Commissioner Lewis moved and Commissioner Flores seconded forwarding a recommendation t hat the Mayor and City Council maintain the status quo when it comes to the regulations for on- site material crushing and deny Development Code Amendment 22-06 in its entirety based on public health, safety, and welfare concerns expressed during the deliberation. The motion passed by the following vote:
Ayes: Guerrero, Lopez, Quiel, Flores, Armstead, Lewis and Morales Nays: None
Absent: Garcia
This item does not require a new action other than the adoption of Resolution No. 2023- 007, which ratifies the decision the Planning Commission took on January 10, 2023 to deny Development Code Amendment 22- 06. Given that Resolution No. 2023- 007 was presented to the Planning Commission on January 10, 2023 with findings for approval of Development Code Amendment 22- 06, the Resolution has been revised to ratify the Planning Commission’s decision to deny Development Code Amendment 22- 06 by including findings for denial, which are found in Section 3 of Resolution No. 2023- 007 (Attachment A).
California Environmental Quality Act (CEQA)
The denial of Development Code Amendment 22- 06 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Additionally, pursuant to Section 15270(a) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, based upon the action of the Planning Commission, CEQA does not apply to the denial of Development Code 22-06.
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Conclusion
Based upon the Planning Commission’s action on January 10, 2023, staff recommends that the Planning Commission adopt Resolution No. 2023 -007 forwarding its recommendation of maintaining status quo and further recommending denial of Development Code Amendment 22-06 to the Mayor and City Council.
Attachment
Attachment A Resolution No. 2023-007
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ATTACHMENT A
Resolution No. 2023-007
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RESOLUTION NO. 2023-007-PC
1 RESOLUTION NO. 2023-007-PC
A
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
FORWARDING A RECOMMENDATION TO THE MAYOR
AND CITY COUNCIL RECOMMENDING MAINTAINING
THE STATUS QUO REGARDING REGULATIONS FOR ON-
SITE MATERIAL CRUSHING AND FURTHER
RECOMMENDING DENIAL OF DEVELOPMENT CODE
AMENDMENT 2 2-06 AMENDING CHAPTER 19.31
(ADMINISTRATION) AND SECTION 19.70.035 (B)
(DEVELOPMENT AND OPERATING STANDARDS FOR
TEMPORARY USE PERMITS - ON-SITE AND OFF -SITE
CONTRACTORS’ CONSTRUCTION YARDS) OF THE CITY
OF SAN BERNARDINO DEVELOPMENT CODE ( SBMC
TITLE 19) TO UPDATE THE TEMPORARY USE PERMIT
DEVELOPMENT AND OPERATIONAL STANDARDS FOR
ON-SITE AND OFF -SITE CONTRACTORS’
CONSTRUCTION YARDS WITH REGARD TO
STOCKPILES AND MATERIAL CRUSHING; AND
FINDING THAT THE DENIAL OF DEVELOPMENT CODE
AMENDMENT 22-06 IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
W
HEREAS, the last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991; and
W
HEREAS, given that temporary Contractors ’ Construction Yards are allowed in conjunction with an approved building permit , Development Code Amendment 22-06 is a City- initiated amendment to Chapter 19.31 (Administration) and Section 19.70.035 (B) (Development and Operating Standards for Temporary Use Permits - On-site and Off -site Contractors ’ Construction Yards) of the City of San Bernardino Development Code (SBMC Title 19) to update the standards for Temporary Use Permits; and
W
HEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 22-06 consistent with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
W
HEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Development Code Amendment 22-06 and determined that it is not a project within the meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines; and W
HEREAS, on October 29, 2022, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development
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RESOLUTION NO. 2023-007-PC
2 Code, t he City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which Development Code Amendment 22-06 would be considered; and W
HEREAS, on November 8, 2022, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 22-06, and at which meeting, the Planning Commission continued Development Code Amendment 22-06 to the Planning Commission Hearing of December 13, 2022; and
WH
EREAS, on December 13, 2022, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 22-06, and at which meeting, the Planning Commission continued Development Code Amendment 22-06 to the Planning Commission Hearing of January 10, 2023; and
W
HEREAS, on January 10, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 22-06, and at which meeting, the Planning Commission considered Development Code Amendment 22-06; and W
HEREAS, at the January 10, 2023 Planning Commission hearing, after public testimony, the Planning Commission deliberated on the proposed Development Code Amendment, recommended maintaining the status quo, and recommended den ying the Development Code Amendment in its entirety based on the following concerns and questions:
I
n considering staff’s recommended language outlining the permitting process and application requirements for on- site crushing activities in conjunction with an active building permit or grading permit, the Planning Commission questioned the need to allow for on- site crushing, did not identify a benefit to the City, expressed concerns about the City’s handling of specific problem properties in the past, identified a lack of City staffing and expertise to manage and enforce the permits, and expressed concerns about potential health risks of airborne crystalline silica as a result from on- site crushing; and
W
HEREAS, the Planning Commission must now ratify the decision it took on January 10, 2023 in the form of this Resolution which includes findings for denial; and W
HEREAS, pursuant to the requirements of Section 19.42.030 (Development Code Amendments – Commission Action on Amendments) of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Mayor and City Council the approval of the Development Code Amendment 22-06.
N
OW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
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RESOLUTION NO. 2023-007-PC
3 SECTION 1. INCORPORATION OF RECITALS:
The recitals above are true and correct and are hereby incorporated herein by this reference.
SECTION 2. ENVIRONMENTAL DETERMINATION:
As the decision -making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record f or Development Code Amendment 22-06. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission hereby recommends to the Mayor and City Council, as follows:
(1) The admin istrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and t he City’s Local CEQA Guidelines;
(2) The denial of Development Code Amendment 22-06 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Additionally, pursuant to Section 15270(a) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, based upon the action of the Planning Commission, CEQA does not apply to the denial of Development Code 22-06.; and
(3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.
SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 22-06:
Section 19.42.050 (Findings) of the City of San Bernardino Development Code requires that Development Code Amendments meet certain findings prior to approval by the Mayor and City Council. Accordingly, the following findings are provided for denial of Development Code Amendment 22-06:
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 22-06 is not consistent with the General Plan, for the following reasons:
Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.
The adoption and implementation of Development Code
Amendment 22-06 establishes and expands the operational standards for temporary contractor’s construction yards related to stockpiling, limited on-site grinding of raw unfinished materials on a project site , and other applicable permit approvals , which would reduce the amount of construction- related truck hauling trips
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RESOLUTION NO. 2023-007-PC
4 necessary to transport materials to and from the project site and in turn reduces vehicle miles traveled and traffic congestion, but may result in acute, localized air quality impacts on surrounding properties, potentially affecting the health and safety of residents if not operated, regulated, or enforced adequately. Due to these concerns, Development C ode Amendment 22- 06 is not consistent with the General Plan.
F
inding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
F
inding of Fact: Although t he adoption and implementation of Development Code Amendment 22-06 provide a detailed permitting and regulatory framework intended to reduce the impacts associated with On -site and Off -site Contractors Construction Yards , allowing a process to conduct on- site material crushing, even with proper mitigation, may still result in potential adverse health, safety and welfare impacts. Thus, the proposed amendment would be detrimental to the public interest, health, safety, convenience, and/or welfare of the City.
S
ECTION 4. PLANNING COMMISSION ACTION:
T
he Planning Commission hereby takes the following action:
a. A
dopt Planning Commission Resolution No. 2023-007 forwarding a recommendation that the Mayor and City Council m aintain the status quo regarding regulations for on- site material crushing, and:
a. Deny: Development Code Amendment 22-06 based on the Findings of Fact.
S
ECTION 5. SEVERABILITY:
I
f 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.
SECT
ION 6. CUSTODIAN OF RECORDS:
T
he location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002.
P
ASSED, APPROVED, AND ADOPTED this 14th day of March 2023.
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RESOLUTION NO. 2023-007-PC
5 ____________________________________
Monique Guerrero, Chairperson
San Bernardino Planning Commission
A
TTEST:
David Murray, Planning Commission Secretary
City of San Bernardino, California
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RESOLUTION NO. 2023-007-PC
6 CERTIFICATION:
I,
Jessica Nametz, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2023-007, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 14
th day of March 2023, by the following vote, to wit:
AYE
S:
NOE
S:
AB
SENT:
AB
STAIN:
____________________________________
J
essica Nametz, Recording Secretary
City of San Bernardino, California
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INDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀ
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Preparedꢀfor:ꢀ
CityꢀofꢀSanꢀBernardinoꢀPublicꢀWorksꢀDepartmentꢀ
3rd Floor
North Arrowhead Avenue and West 2nd Street
San Bernardino, CA 92401
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Preparedꢀby:ꢀ
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UltraSystemsꢀEnvironmentalꢀInc.ꢀ
16431 Scientific Way
Irvine, CA 92618
(949) 788-4900
Septemberꢀ2023
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Michael Rogozen Digitally signed by Michael Rogozen
DN: cn=Michael Rogozen, o=UltraSystems Environmental
Incorporated, ou, [email protected], c=US Date: 2023.09.26 22:36:55 -07'00'
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TableꢀofꢀContentsꢀ
TableꢀofꢀContentsꢀ...................................................................................................................................................ꢀii ExecutiveꢀSummaryꢀ.............................................................................................................................................ꢀiv
1.0 2.0
3.0 INTRODUCTIONꢀ........................................................................................................................................ꢀ1
1.1 1.2
Objectives of the Analysis..................................................................................................................... 1 Outline of the Analysis........................................................................................................................... 1 POTENTIALꢀFORꢀONSITEꢀCRUSHINGꢀ.................................................................................................ꢀ2
2.1 2.2
Locations of Bedrock Outcrops.......................................................................................................... 2 Need for Onsite Crushing...................................................................................................................... 4 EXAMPLEꢀONSITEꢀCRUSHINGꢀOPERATIONSꢀINꢀSOUTHERNꢀCALIFORNIAꢀ............................ꢀ4
3.1 3.2
3.3 3.4
3.5 3.6
3.7 Ontario Grand Park, Ontario ............................................................................................................... 4 Laguna Hills Mall Demolition, Laguna Hills .................................................................................. 5 Fanita Ranch Development, Santee.................................................................................................. 5 Hallmark Townhomes Project, San Marcos .................................................................................. 6 Harvest Hills, Escondido ....................................................................................................................... 6 University Office and Medical Park Project, San Marcos......................................................... 7 The Boulders Project, Menifee............................................................................................................ 8
4.0 REGULATORYꢀREQUIREMENTSꢀ..........................................................................................................ꢀ9
4.1 Air Quality................................................................................................................................................... 9
4.1.1 Air Pollution Issues ................................................................................................................. 9
4.1.2 California Air Resources Board’s Portable Equipment Registration Program (PERP)...........................................................................................10
4.1.3 South Coast Air Quality Management District............................................................11 Noise............................................................................................................................................................14 Water...........................................................................................................................................................14
4.3.1 Federal Requirements..........................................................................................................14
4.3.2 MS4 Permit ...............................................................................................................................15
4.3.3 City of San Bernardino Requirements...........................................................................16 City Resolution on Temporary Use Permits................................................................................17
4.2 4.3
4.4 5.0 REVIEWꢀOFꢀROCKꢀCRUSHINGꢀEQUIPMENTꢀ..................................................................................ꢀ17
5.1 Elements of a Rock Crushing System.............................................................................................17
5.1.1 Primary Crushing Equipment ...........................................................................................17
5.1.2 Secondary Crushing Equipment.......................................................................................19
5.1.3 Tertiary and Quaternary Crushers..................................................................................19 Rock Crushing Process.........................................................................................................................20 Power Sources.........................................................................................................................................20 Recent Developments in Rock Crushing Technology..............................................................20 Air Emissions and Controls................................................................................................................21 Noise Emissions and Controls ..........................................................................................................22
5.2 5.3
5.4 5.5
5.6 6.0 OTHERꢀJURISDICTIONSꢀ.......................................................................................................................ꢀ23
6.1 City of Riverbank, California..............................................................................................................23 7226/ Independent Analysis of Crushing Operations
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6.2 6.3
City of Jurupa Valley, California .......................................................................................................25 City of Escondido....................................................................................................................................26
7.0 ALTERNATIVESꢀFORꢀMANAGINGꢀCONCRETEꢀDEBRISꢀANDꢀROCKꢀ........................................ꢀ27
7.1 7.2
Availability of Alternatives in and Around San Bernardino County.................................27 Comparative Air Pollutant Emissions............................................................................................30
7.2.1 Assumptions.............................................................................................................................30
7.2.2 Results ........................................................................................................................................31 LISTꢀOFꢀTABLESꢀ
Tableꢀ2.2‐1 - Lithology of Exposed Bedrock in San Bernardino......................................................................... 2 Tableꢀ5.4‐1 - PM Emission Factors for Rock Crushing Operations .................................................................22 Tableꢀ5.5‐1 - Rock Crusher Noise Measurement Data..........................................................................................23 Tableꢀ7.1‐1 - Concrete and Rock Management Services In and Near San Bernadino..............................28 Tableꢀ7.1‐2 - Concrete and Rock Management Services In and Near San Bernadino..............................29 Tableꢀ7.2‐1 - Assumptions Used in Scenario Analysis..........................................................................................30 Tableꢀ7.2‐2 - Uncontrolled Criteria Pollutant Emissions for Each Scenario................................................31 Tableꢀ7.2‐3 - Controlled Criteria Pollutant Emissions for Each Scenario.....................................................31 Tableꢀ7.2‐4 - Greenhouse Gas Emissions for Each Scenario ..............................................................................31 LISTꢀOFꢀFIGURESꢀ
Figureꢀ2.1‐1 – Zones of Potential Bedrock Outcrop in the City of San Bernadino ...................................... 3 ATTACHMENTSꢀ
Attachmentꢀ1ꢀ Photographs of Ontario Great Park Site
Attachmentꢀ2ꢀ Other Jurisdictions’ Pertinent Regulations Attachmentꢀ3ꢀ Calculation Details
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EXECUTIVEꢀSUMMARYꢀ
INTRODUCTIONꢀ
The City of San Bernardino has had to make decisions recently on approving projects that could involve onsite crushing of demolition materials and native rock in order to prepare sites for grading and construction. The objective of this study is to provide the City with comprehensive information regarding crushing processes, environmental impacts, regulations and the potential for onsite rock crushing during future construction projects.
POTENTIALꢀFORꢀROCKꢀORꢀCONCRETEꢀCRUSHINGꢀ
The report identifies and describes the potential need for onsite rock crushing within the City of San Bernardino corporate limits in the future. Isolated bedrock outcrops within the San Bernardino City limits occur primarily along the city's upsloping northern boundary with the San Bernardino Mountains and in the northern central part of the city. Bedrock types and occurrence differ on each side of the San Andreas Fault. A map outlining areas of outcrops was developed. Land use developers and City reviewers can use the map to determine the potential of a particular site for native rock issues. Foreknowledge of these issues can help plan the scope of site-specific geological and geotechnical studies. Cost estimators will know that they will have to account for removal or onsite rock reduction.
EXAMPLESꢀOFꢀONSITEꢀCRUSHINGꢀOPERATIONSꢀINꢀSOUTHERNꢀCALIFORNIAꢀ Seven major projects throughout Southern California were reviewed to establish the environmental and regulatory issues associated with concrete and rock crushing at construction sites in the region. OntarioꢀGrandꢀPark in the City of Ontario began construction on its 370-acre site in October 2022. After clearing the site of relatively easily removable waste and debris, demolition work began with breaking up large slabs of asphalt and concrete that would fit into a rock crusher.
During demolition, there were no complaints from nearby sensitive receptors, most likely due to their distance from the construction site as well as appropriate operating hours for the crushing activity. Approximately 96,000 tons were crushed into two large onsite piles reaching 30 feet in height. Plans call for reuse of 95 percent of the crushed aggregate as a base for the Grand Park.
LagunaꢀHillsꢀMall, a former regional shopping mall on a 68-acre site adjacent to the I-5 freeway in the City of Laguna Hills, is being demolished to make way for a new mixed-use development. While there were no sensitive receptors near the site in the City, residents in Lake Forest (across the freeway) complained about noise, but concurrent Caltrans work on the I-5 may have been responsible for those complaints. Full demolition will involve crushing of 34,342 tons of concrete and 63,031 tons of asphalt, all of which will be reused onsite. The project required a Precise Plan permit process.
Fanitaꢀ Ranch, a 2,638-acre master planned community in the Santee area of San Diego County, borders existing residential neighborhoods on the south and east. Materials crushed onsite include rock, dense to very dense sandy gravel, cobble and boulders. The product of the onsite crushing operation will be used onsite. While there may be potential air quality 7226/ Independent Analysis of Crushing Operations
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and noise impacts from the crushing operation, the onsite crushing operation will comply with the City's noise standards and regional air quality standards.
HallmarkꢀTownhomes in San Marcos proposes 151 multifamily residential units on a 10.56- acre site. The onsite crusher would be located approximately 500 feet from the nearest sensitive receptors. Depending on staging location, noise levels resulting from rock crushing operations and potentially from a rock drill would exceed City standards.
HarvestꢀHills is a proposed 550-unit single-family residential development in the Escondido area of San Diego County. Two large residential communities, as well as the San Diego Zoo Safari Park, are nearby. Development of the site will involve rock crushing, which will occur at a minimum of 500 feet from an existing residence.
TheꢀUniversityꢀOfficeꢀandꢀMedicalꢀParkꢀwas proposed as an 87-acre mixed use project near California State University San Marcos in San Diego County. On the northeastern portion of the project site were granitic and volcanic rock outcrops. This material needed to be removed to allow grading and other construction activities. The plan was to blast the rock formations and then crush the debris with onsite portable equipment. The EIR concluded that noise exposures would be less than significant during construction. The project was never built. A residential project is under construction on approximately the same site. Construction has included blasting, but we have no information on rock crushing there. TheꢀBouldersꢀProject in Menifee (Riverside County) is a 10.14-acre mixed use development under construction on a site that has numerous unweathered granitic boulders up to 20 feet in diameter. The project will use two pneumatic hammers and two onsite rock crushers to remove boulders and bedrock. These devices were estimated to be responsible for less than four percent of the total construction noise exposure at sensitive receivers.
REGULATORYꢀREQUIREMENTSꢀ
AirꢀQualityꢀ
Concrete and rock crushing results in the potential release of significant quantities of two types of particulate matter. Both the U.S. Environmental Protection Agency (USEPA) and the California Air Resources Board (ARB) have established health-based standards for PM 10 and PM2.5 concentrations in ambient air. 1 The City of San Bernardino is in the South Coast Air Basin (SCAB), which is in nonattainment (in violation) of the California standards for both particulate pollutants. Equipment that runs on electricity from power connections emits only particulate matter. However, if the electricity is from an onsite generator that burns fossil fuel, or if the crushing equipment is powered by an integrally-configured diesel engine, then other pollutants such as nitrogen oxides (NOx), carbon monoxide (CO), and reactive organic carbon (ROG) are also emitted.
Under the California Air Resources Board's Portable Equipment Registration Program (PERP), normally any piece of equipment that emits air pollutants needs to have a permit to operate from the 1 PM stands for particulate matter, which includes dusts and aerosols. PM 10, also known as “respirable particulate matter,” is PM with an average aerodynamic diameter of 10 micrometers or less, which is small enough to enter the lungs. PM 2.5, also known as "fine particulate matter,” is PM with an average aerodynamic diameter of 2.5 micrometers or less, which can remain deep in the longs for extended periods; it also can carry on its surface toxic gases and particles.
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local or regional air pollution control agency, unless it is specifically exempted. For rock or concrete crushing units that are self-propelled, the engine that provides motive power is not registered under PERP, and does not require a SCAQMD permit, but is nevertheless subject to ARB offroad mobile source regulations.
The SCAQMD has an extensive set of rules for controlling air pollutant emissions. These rules apply whether or not permits are required for emission sources. Rule 401 (Visible Emissions) prohibits anyone from discharging to the atmosphere from a single source any air contaminant that, for an aggregated three minutes in any hour, is darker than No. 1 on the Ringelmann Chart or that obscures the observer's view as much as or more than does smoke. Rule 402 (Nuisance) states that "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property." Rule 403 (Fugitive Dust) is a voluminous and complex rule whose purpose is to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (man-made) fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions. Although most of the provisions of Rule 1157 (PM 10 Emission Reductions from Aggregate and Related Operations) concern activities at stationary sources, such as rock quarries, it also applies to portable onsite rock crushing operations.
Noiseꢀ
The City of San Bernardino Municipal Code has only a few provisions covering construction noise, and none specifically related to concrete or rock crushing. All internal combustion equipment, including construction equipment, is required to having a silencing muffler.
Waterꢀ
Federalꢀ
Unless a property to be developed is adjacent to a water body or has one running through it, use of onsite rock crushing would not require federal permits under §§ 401 or 404 of the Clean Water Act (CWA). However, § 402 of the CWA requires that projects that disturb one or more acres of soil or disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, to obtain a National Pollutant Discharge Elimination System (NPDES) permit. In California, to which the USEPA has delegated partial authority for administering the NPDES, the developer must obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity: Construction General Permit. The Construction General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD).
MS4ꢀPermitꢀ
The City and County of San Bernardino are signatories to the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporated Cities of San Bernardino County within the Santa Ana Region Area-Wide Urban Storm Water Runoff Management Program, regulates the discharge of pollutants into waters of the U.S. by way of stormwater and urban runoff drainage systems, including flood control facilities. In this context, the NPDES Permit is also 7226/ Independent Analysis of Crushing Operations
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referred to as an MS4 permit. Pursuant to the MS4 permit, Principal Permittees and Permittees must regulate discharges of pollutants in urban runoff from man-made sources into storm drains within their jurisdiction.
CityꢀofꢀSanꢀBernardinoꢀ
The City of San Bernardino has some Municipal Code sections devoted to water quality. §ꢀ8.80.101 essentially recognizes that the City is subject to the requirements of its MS4 permit, as described above.
§ꢀSectionꢀ8.80.103(34)(g) defines one type of pollutant as "substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor." Thus concrete waste, with its high pH, would be defined as a pollutant.
The City of San Bernardino City Engineer is responsible for the administration, implementation, and enforcement of the provisions of § 8.80, which applies to all dischargers, including commercial, industrial, and construction enterprises, to the City's stormwater drainage system (§ 8.80.201 and §
8.80.202). Prior to the issuance of any grading or building permit, all qualifying land development/redevelopment projects, shall submit and have approved a Storm Water Quality Management Plan (SWQMP) to the City Engineer on a form provided by the City.
CityꢀResolutionꢀonꢀTemporaryꢀUseꢀPermitsꢀ
On October 21, 2020, the San Bernardino City Council adopted Resolution 2020-265 to provide clarification and guidance on the issuance of temporary use permits under Municipal Code §19.70.020(2). According to the Resolution, §19.70.020 permits developer to use the site of an approved development project for storage of finished construction materials in the immediate runup to and during the construction of the project. To the best of our knowledge, this resolution is still in force.
REVIEWꢀOFꢀROCKꢀCRUSHINGꢀEQUIPMENTꢀ
A fairly small number of equipment types are common to most onsite rock crushing processes. Primaryꢀcrushers are used in the initial stage of crushing operations to break down blasted material or natural rock to sizes that can be transferred to and processed in secondary crushers.
A grizzly is a device that separates feed material by size.
Jawꢀ crushers are durable, blunt instruments typically used in the primary stage of rock crushing.
Gyratoryꢀcrushers are typically used in the primary stage of rock crushing but they can also be used in the secondary stage.
Coneꢀ crushersꢀ use compression to break down material similar to jaw and gyratory crushers, and they are common for both primary and secondary crushing.
Impactꢀcrushers are very versatile and can handle different types of soft, medium, and hard materials including steel and asphalt.
Secondaryꢀ crushing is performed after primary crushing and further reduces aggregate material into smaller particles ready for tertiary or quaternary crushing stages.
Rollꢀcrushers can be used for secondary and tertiary crushing stages. 7226/ Independent Analysis of Crushing Operations
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Hammerꢀmills, which can be used for secondary and tertiary crushing stages, have hammers rotating at high speeds to pulverize material.
Verticalꢀshaftꢀimpactors can be used for secondary and tertiary crushing stages.
Tertiaryꢀandꢀquaternaryꢀcrushing stages, or the third and fourth stages, follow primary and secondary crushing for fine sizing of particles.
ConcreteꢀandꢀRockꢀCrushingꢀProcessꢀ
The rock crushing process includes a series of steps that reduce large-sized rocks and demolition debris into successively smaller-size particles, ultimately producing fine material (smaller rocks, gravel or rock dust) that can be re-used for a number of purposes.
RecentꢀDevelopmentsꢀinꢀConcreteꢀandꢀRockꢀCrushing
Mobile rock crushers are becoming increasingly popular in the construction and mining industries due to their mobility, efficiency and versatility.
AirꢀEmissionsꢀandꢀControlsꢀ
The main rock crushing air pollutants of concern in the SCAB are PM 10 and PM 2.5. A substantial portion of the total emissions consists of large, heavy particles that settle out onsite and are not directly emitted to the atmosphere. The main methods of controlling particulate emissions from rock crushing are (1) water spraying at various points in the processing and (2) enclosing equipment and directing emissions to a baghouse.
A fairly large rock crushing operation of 1,000 tons per day produces PM 10 and PM2.5 emissions that are far below the SCAQMD's thresholds for significance under the California Environmental Quality Act (CEQA).
NoiseꢀEmissionsꢀandꢀControlsꢀ
For a previous project, UltraSystems reviewed the results of five sets of field measurements of noise from rock crushing operations. The mean and 95th percentile values for this data set were 87.4 and
88.9 dBA, respectively, at a receptor distance of 50 feet. These values are comparable to those of onsite construction equipment such as graders and excavators. Whether noise controls are needed will depend mainly on the distance of sensitive noise receivers to the rock crushing area.
OTHERꢀJURISDICTIONSꢀ
UltraSystems searched for other jurisdictions in California that had regulations or policies that applied to rock crushing. Pertinent sections of these jurisdictions’ regulations and policies are provided in Attachmentꢀ2.
CityꢀofꢀRiverbankꢀ
Although this city is in the San Joaquin Valley, we included it because it has some of the most comprehensive regulations for onsite rock crushing. It might be suitable as a template (with modifications for the City of San Bernardino's circumstances) for a municipal code section. The regulation has specific detailed requirements regarding such items as equipment capabilities, 7226/ Independent Analysis of Crushing Operations
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duration and hours of operations, location of equipment relative to sensitive receptors, and removal of equipment following completion of activity.
CityꢀofꢀJurupaꢀValleyꢀ
In a recent development agreement ordinance, the City of Jurupa Valley required the Pedley Crossing shopping center project, which included onsite rock crushing during construction, to install baghouses on equipment used for rock or concrete crushing to limit particulate matter emissions.
Additional measures considered to limit PM and PM emissions were also included. The agreement10 2.5 also required an extensive set of mitigation measures for noise from rock crushing in cases where a line of sight exists between the crushing equipment and residential areas within 900 feet. In addition, for impacts related to unidentified prehistoric archaeological resources within the Traditional Use Area, the Tribal Monitor will be allowed onsite at times when the Project Archaeologist is conducting archaeological monitoring during initial ground disturbing activities and excavation of each portion of the project site.
CityꢀofꢀEscondidoꢀ
The City of Escondido (San Diego County) Municipal Code §17-238 states that it is unlawful to do any authorized grading, defined as compacting, drilling, rock crushing or splitting, bulldozing, clearing, dredging, digging, filling and blasting, at any construction site, except on specified days and hours. It also states that any equipment used for grading shall not be operated so as to cause noise in excess of a one-hour sound level limit of 75 dB at any time when measured at or within the property lines of any property which is developed and used in whole or in part for residential purposes, unless a variance has been obtained in advance from the city manager.
ALTERNATIVESꢀFORꢀMANAGINGꢀCONCRETEꢀDEBRISꢀANDꢀROCKꢀ
AvailabilityꢀofꢀAlternativesꢀinꢀandꢀAroundꢀSanꢀBernardinoꢀCountyꢀ At the City's request, UltraSystems gathered information on the availability of alternative means of managing potentially recyclable demolition debris from construction sites. The following things can be, and are, done to handle concrete demolition debris and solid rock materials that are present on a construction site:
Haul the material to a landfill for permanent disposal.
Haul the material to an offsite facility (landfill, quarry, recycler etc.) for crushing and sale of product to that facility's customers.
Haul the material to an offsite crusher, have it crushed, and return the product to the construction site for use in construction.
Crush the material onsite and use it in construction.
Crush the material onsite and sell it to a building materials vendor.
Several companies within or very near the city of San Bernardino offer services for the recycling or disposal of concrete and asphalt. The report identifies 12 firms that can provide concrete debris and/or rock management services. If recycling is not an option due to contaminated debris, most 7226/ Independent Analysis of Crushing Operations
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landfills will accept construction material. If the debris could be hazardous the landfill must be informed to determine if a waste profile is required so it is disposed of properly.
ComparativeꢀAirꢀPollutantꢀEmissionsꢀ
To put the information presented so far into perspective, we analyzed the following scenarios for a situation in which 10,000 tons of rock or concrete debris are already on a project site:
A. Loading the debris into dump trucks and hauling it to a landfill.
B. Hauling the debris to an offsite crushing facility, crushing it and returning product to the construction site.
C. Crushing the rock or concrete onsite with a portable crushing system.
The objective of this analysis was to compare criteria and air pollutant and greenhouse gas (GHG) emissions for the three scenarios. Results of the analysis are found in Sectionꢀ7.2.2 of this report.
The main findings were:
Scenario B has the highest emissions and Scenario A has the lowest.
For all pollutants except NOx, uncontrolled daily criteria pollutant emissions would be below the SCAQMD’s CEQA significance thresholds for project operations.
If the diesel generators and loaders were required to meet Tier 4 Final emission standards, then NOx emissions would also be less than significant.
GHG emissions would range from 10 metric tons of CO 2 equivalent (for Scenario A) to 31.7 metric tons of CO2 equivalent (for Scenario B).
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1.0 INTRODUCTIONꢀ
Some development projects include demolition of existing concrete structures such as buildings or pavement. In other cases, solid rock on or just underlying the surface of a project site must be removed before the site can be graded. Both situations sometimes create large quantities of material which may potentially be used onsite for construction purposes, but first must be reduced in size.
The main options for disposition of this material are (1) haul to a landfill for disposal, (2) haul to an offsite crushing facility and return the size-reduced materials to the project site and (3) crush the material onsite and reuse there.
The City of San Bernardino (the City), having had in recent years to make decisions on development projects for which onsite crushing of concrete debris has been an option, has requested an independent study of rock and concrete crushing technology, impacts and regulations.2
1.1 ObjectivesꢀofꢀtheꢀAnalysisꢀ
The objectives of this study were:
Identify areas of the city where onsite crushing operations may be needed.
Describe examples of the use of onsite crushing operations in the Southern California region.
Identify regulatory requirements (including whether and how the activity is regulated by South Coast Air Quality Management District, City’s Noise Ordinance, NPDES, MS4 permit).
Identify and evaluate the typical equipment used as part of a crushing operation and any applicable restrictions or regulations (e.g., are AQMD permits required).
Research other regional cities and counties that have similar programs, ordinances and/or regulations for onsite concrete crushing operations.
1.2 OutlineꢀofꢀtheꢀAnalysisꢀ
Sectionꢀ2 looks at the potential for use of onsite crushing in San Bernardino in the near future. Using a geologic map developed for this project, it identifies areas of natural bedrock outcrops.
Five completed and current projects in Southern California that used or plan to use onsite rock crushing were identified and described in detail in Sectionꢀ3.ꢀ Sectionꢀ 4ꢀ identifies and describes in detail federal, state, regional and local regulations for controlling the air quality, noise and water quality impacts of rock and concrete crushing. It also describes City Resolution No. 2020-265.
Sectionꢀ5 describes the individual elements of a rock crushing system and the flow of materials through it. The section also discusses trends in mobile crushing technology and provides information for assessing air quality and noise impacts.
2 Scope of Work-Final, City of San Bernardino. Transmitted in email from Okan Demirci, City of San Bernardino, CA to Betsy Lindsay, UltraSystems Environmental Inc., Irvine, CA. June 14, 2023. 7226/ Independent Analysis of Crushing Operations
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Rock crushing regulations and actions of other jurisdictions are discussed in Sectionꢀ 6. Finally, Sectionꢀ7ꢀcompares environmental impacts of onsite crushing versus hauling materials to landfills.
2.0 POTENTIALꢀFORꢀONSITEꢀCRUSHINGꢀ
This section presents information on the potential need for onsite rock crushing within the City of San Bernardino corporate limits in the future. Situations which could require onsite crushing would include (1) presence of native rock that would make grading, excavation and other construction activities difficult or impossible; (2) onsite demolition of concrete. and (3) preconstruction presence of dumped materials needing size reduction. Given the lack of detailed information on the second and third situations in the future, we focused on the first one.
2.1 LocationsꢀofꢀBedrockꢀOutcropsꢀ
The locations of bedrock outcrops within the city limits were identified by using the MapView webtool provided by the United States Geologic Service (USGS) National Geologic Map Database (NGMDB).3 MapView provides and compiles all available geologic maps for a specified area, allowing for accurate identification of surficial geology and rock types.
As seen in Figureꢀ2.1‐1, bedrock outcrops within the San Bernardino City limits occur primarily along the city's upsloping northern boundary with the San Bernardino Mountains and in the northern central part of the city as isolated outcrops, with bedrock type and occurrence split by the San Andreas Fault. Bedrock outcrops along the city's northern boundary, north of the San Andreas Fault, are comprised mainly of Mesozoic metamorphic gneisses and more resistant granitic rocks; additionally, a thin band of Cenozoic sandstone and conglomerates occurs north of the fault in select areas. South of the San Andreas fault and only in areas north of West Base Line Street, bedrock outcrops are comprised of isolated, often linear outcrops of Mesozoic metamorphic schists; outcrops of the same schist and Cenozoic granodiorite are also present along the city's boundary with the San Gabriel Mountains. To the south and away from the San Gabriel and San Bernardino Mountains, and throughout much of the city, the shallow subsurface is predominantly comprised of Quaternary alluvial sediments. Tableꢀ2.2‐1 lists the types of exposed bedrock in the city.
Tableꢀ2.2‐1ꢀ
LITHOLOGYꢀOFꢀEXPOSEDꢀBEDROCKꢀINꢀSANꢀBERNARDINOꢀ
NorthꢀofꢀSanꢀAndreasꢀFault
Sandstone and Conglomerate
Gneissꢀ
Granitic Rocks
SouthꢀofꢀSanꢀAndreasꢀFault
Pelona Schist
Granodiorite
3 https://ngmdb.usgs.gov/mapview/?center=-97,39.6&zoom=4. Accessed on July 11, 2023. 7226/ Independent Analysis of Crushing Operations
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ꢀ
FIGUREꢀ2.1‐1ꢀ
ZONESꢀOFꢀPOTENTIALꢀBEDROCKꢀOUTCROPꢀINꢀTHEꢀCITYꢀOFꢀSANꢀBERNARDINOꢀ ꢀ
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2.2 NeedꢀforꢀOnsiteꢀCrushingꢀ
Land use developers and City reviewers can use Figureꢀ 2.1‐1 to determine the potential of a particular site for native rock issues. Foreknowledge of these issues can help plan the scope of site- specific geological and geotechnical studies. Cost estimators will know that they will have to account for removal or onsite rock reduction.
3.0 EXAMPLEꢀONSITEꢀCRUSHINGꢀOPERATIONSꢀINꢀSOUTHERNꢀCALIFORNIAꢀ To gain appreciation of the environmental and regulatory issues associated with concrete and rock crushing at construction sites, we looked at seven projects in Southern California. Some of these projects are currently active, while others obtained clearance under the California Environmental Quality Act (CEQA) but were not built.
3.1 OntarioꢀGrandꢀPark,ꢀOntarioꢀ
In October 2022, the City of Ontario formally began construction on its 370-acre Grand Park Specific Plan.4,5 Site photographs are provided in Attachmentꢀ1. One of the first steps was to clear debris from a 135-acre lot just north of the intersection of Eucalyptus Avenue and Sumner Avenue. This plot of land was previously covered with trash along with abandoned houses, a loading dock, and various other concrete structures. Hazardous objects included asbestos-containing building materials, dirt piles hiding thousands of nails within, broken glass and ceramic pieces, and hundreds of tires.
Relatively easily removable waste was promptly sorted and loaded into trucks to be hauled away to either recycling or proper disposal facilities.
Next came the large bulldozers, blasters, and other demolition equipment to begin breaking up large slabs of concrete and asphalt into smaller pieces that would fit into a rock crusher. The temporary rock crusher was onsite for about three weeks, sorting material by size and removing the mixed-in rebar. The construction equipment was only operated within certain approved hours, avoiding weekends and holidays so as to not create a nuisance to sensitive receptors. The nearest sensitive receptors, or groups especially vulnerable to poor air quality and loud noise, were homes approximately 1,000 feet from the crushing location. During the demolition phase, there were no complaints from any sensitive receptors. This was most likely due to the combination of appropriate operating hours, distance to the construction site, and knowledge of the project going on.
The end result of the demolition phase was approximately 96,000 tons of crushed 0.75-inch aggregate material into two large piles. These piles reached heights of about 30 feet, each covering an area of about 1,500 square feet. These piles are not covered nor are they regularly hosed down, except in response to strong winds. The piles do not produce much dust due to the particle size and being compacted after some rain. It is not clear whether the mitigation measures required by South Coast Air Quality Management District Rule 403 6 have been implemented. The plan aims to reuse 95% of the crushed aggregate as a base for the Grand Park so there is no need to move it. Some of the 4 5
City of Ontario Grand Park. Executive Summary. Accessed at https://www.ontarioca.gov/sites/default/files/Ontario- Files/Planning/Maps/gpsp_section_1.pdf on July 20, 2023.
City of Ontario. Agenda Report. November 15, 2022. Demolition of the Buildings and Debris Located on the Property for the Grand Park Phase 1. Accessed at
https://d2kbkoa27fdvtw.cloudfront.net/ontarioca/ed338fa4b49285b56e7b3e2e862580ee0.pdf on July 21, 2023.
See Sectionꢀ4.1.3.2 of this report.6
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aggregate has already been hauled to other parts of the city to use as a base for other projects, and whatever is not used will be sold to contractors or used elsewhere.
The key components of this project regarding rock crushing are the location, the acreage, and the public’s attitude towards it. The lack of nearby sensitive receptors allowed the contractors to acquire standard demolition permits and follow typical construction measures without needing to take extra steps to reduce noise or air emissions. The large size of the project plan allows the aggregate to stay and be used onsite, diminishing the need for extra hauling. The public’s support for the project applied pressure on the City to expedite the beginning stages of development.
3.2 LagunaꢀHillsꢀMallꢀDemolition,ꢀLagunaꢀHillsꢀ
Laguna Hills Mall, a former regional shopping mall on a 68-acre site in Laguna Hills, is being redeveloped into The Villages at Laguna Hills, a mixed-use project with a range of uses including retail, office, hotel, entertainment, and open space and recreation.
The Project is located adjacent to the I-5 Freeway and away from any established residential neighborhoods or other sensitive receptors, and there are no adverse impacts on any established neighborhoods or communities. The City of Laguna Hills has received noise complaints from residents of the City of Lake Forest (across the I-5 Freeway), but noise could also have been from a concurrent Caltrans project on the freeway.
The full demolition will involve crushing onsite of 34,242 tons of concrete and 63,031 tons of asphalt, all of which will be reused onsite. A maximum of 194 tons per hour for concrete and 210 tons per hour of asphalt would be crushed, resulting in a maximum of 1,552 tons per eight-hour day and 1,680 tons per eight-hour day for concrete and asphalt, respectively. The onsite mobile crushing/processing rig is driven by a 220-horsepower engine.
An estimated 2,320 tons of demolition material would be exported offsite, requiring 232 one-way haul truck trips. The distance to the demolition disposal site is anticipated to be less than 20 miles from the project site.
The project required a Precise Plan permit process. Construction noise is exempt from the City’s Noise Ordinance, provided that the work occurs between 7 a.m. and 8 p.m., Monday through Friday, and 8 a.m. to 8 p.m. on Saturdays. Construction activity on Sundays and Federal holidays is permitted, but must comply with the City’s Noise Ordinance.
3.3 FanitaꢀRanchꢀDevelopment,ꢀSanteeꢀ
The Fanita Ranch project was approved by the Santee City Council on September 23, 2020. 7 The project site consists of approximately 2,638 acres in the northern portion of the City of Santee (City) in eastern San Diego County. The master planned community would consist of up to 2,949 housing units with a school, or 3,008 units without a school, up to 80,000 square feet of commercial uses, parks, open space, and agriculture uses. The site lies north of State Route (SR)-52 and west of SR-67 and would be accessed from the future northerly extensions of Fanita Parkway and Cuyamaca Street via Mast Boulevard and the future extension of Magnolia Avenue to Cuyamaca Street. It is bordered by Marine Corps Air Station Miramar and Padre Dam Municipal Water District facilities to the west, 7 Fanita Ranch Project. City of Santee. Accessed online at https://www.cityofsanteeca.gov/our-city/fanita-ranch- project on July 21, 2023.
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including Santee Lakes Recreation Preserve; open space/recreational areas including Goodan Ranch Regional Park and Sycamore Canyon Open Space Preserve to the north and west; Santee residential neighborhoods to the south; and the unincorporated residential community of Eucalyptus Hills to the east.
Materials crushed onsite include rock, dense to very dense sandy gravel, cobble, and boulders--to produce roadway subbase--and other aggregate materials for use on the site. The crushing operation involves a temporary onsite aggregate plant powered by electricity. There is a potential for using jaw and cone crusher systems, which may result in air quality and noise impacts.
Rock crushing activities would comply with the City’s noise standards and regional air quality standards.ꢀ
3.4 HallmarkꢀTownhomes8ꢀProject,ꢀSanꢀMarcosꢀ
Hallmark Townhomes, which was approved by the San Marcos City Council in May 2022, is a multifamily project proposing 151 multifamily residential units situated on approximately 10.56 gross acres of land. Residential units are planned on approximately 2.8 acres of the project site.
Located in the City of San Marcos in San Diego County, the site is characterized by granitic bedrock conditions, requiring blasting and an onsite rock crushing operation.
The crusher would be located approximately 500 feet from the nearest sensitive receptors (residences, a church and a preschool), in the central portion of the site along East Barham Drive to maximize the distance separation from the adjacent residential, church, and school uses. In the project EIR, fugitive dust generation emissions resulting from blasting and rock crushing were evaluated using emission factors from the USEPA AP-42 publication. The AERSCREEN dispersion model was used to predict the maximum exposure distance and concentrations. Depending on staging location, noise levels resulting from rock crushing operations and potentially from a rock drill would exceed City standards.
During grading, a small rock crusher would be onsite for ancillary crushing needs. The project may utilize a Thunderbird Hazemag Impact Crushing Plant Model CP300 rock crusher or equivalent. Rock crushing will occur between 9:00 a.m. and 4:00 p.m.
A conditional use permit is included with the entitlement of the proposed project for potential use of a rock crusher on site. Blasting also required issuance of a blasting permit from the San Marcos Fire Department. Assuming the rock crusher is 10 feet high, the barrier associated with the rock crushing operation must be at least 11 to 12 feet high to shield the crusher both visually and acoustically.
3.5 HarvestꢀHills,9ꢀEscondidoꢀ
This residential development is located in the City of Escondido in west-central San Diego County, 30 miles north of downtown San Diego and 18 miles east of the Pacific Ocean. The planned community is east of the Rancho San Pasqual community (580 homes), northeast of the Rancho Vistamonte community (80 homes), and north of the San Diego Zoo Safari Park. 8 9
Formerly known as the East Barham Residential Development. It was approved by the City of San Marcos Planning Commission in April 2022. ꢀ
Formerly known as Safari Highlands Ranch.
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The Harvest Hills project proposes a 550-unit single-family residential development with a fire station and public and private recreational amenities on approximately 1,098 acres. The area in which the project is located is described as a community composed of distinct residential neighborhoods, business districts, and employment centers, whose urban form reflects the natural environmental setting. Nearest sensitive receptors are single-family residences (nearest is 108 feet) and the Safari Park (700 feet).
Development of the site will involve rock crushing, which would be completed with a crusher, and would also be required to process rock removed with project grading onsite. During construction, all operating rock crushing equipment is be placed at a minimum of 500 feet from an existing residence.
The City of Escondido’s regulation of onsite rock crushing is discussed further in Sectionꢀ6.3.ꢀ
3.6 UniversityꢀOfficeꢀandꢀMedicalꢀParkꢀProject,ꢀSanꢀMarcosꢀ This was a proposed 87-acre mixed-use project near California State University San Marcos in San Diego County.10 Elements of the project included medical offices, professional offices, a specialized hospital, and support retail. About five acres of the property was also reserved as a potential school site. Finally, it would have included about 16 acres of natural habitat preservation associated with San Marcos Creek.
On the northeastern portion of the project site were outcrops of granitic rock of the Cretaceous Southern California Batholith, locally covered by topsoil, as well as Jurassic-aged volcanic rock. This material needed to be removed to allow grading and other construction activities. The plan was to blast the rock formations and then crush the debris with onsite portable equipment. The temporary facility would have contained, at a minimum, a jaw crusher and associated screening, loading and power generation equipment, which would have been used to reduce rock to minus 6-inch cap material. The facility would also have been permitted to contain secondary crushing equipment, including a cone crusher, stackers and conveyors, to produce material to support and cover utilities under roadways. PM 10 emissions were calculated with emission factors developed by the San Diego Air Pollution Control District (SDAPCD).11 Because the mass of rock to be processed was unknown, the calculation determined the maximum daily rock processing rate that would not result in total unmitigated PM10 emissions exceeding the SDAPCD’s CEQA threshold. Under a “worst case” of low- moisture rock and no emission controls, the amount of rock that could be crushed would range from about 4,670 tons per day (secondary crushing only) to about 16,000 tons per day (primary crushing only). Implementation of fugitive dust control measures for construction activities other than rock crushing then would have allowed process rates for the rock crushing operation to be higher. In any event, the SDAPCD would have, through issuance of a permit to operate, imposed conditions to ensure that emissions from the rock crushing facility would be minimized.
Noise impacts from blasting and rock crushing during construction were analyzed for this project.
Noise exposures from rock crushing are discussed in Sectionꢀ5.5. For the San Marcos project, the temporary rock crushing facility was estimated to be about 1,300 feet from the nearest sensitive receptor (a residence south of the project area). The estimated noise exposure at the residence 10 11
Final Environmental Impact Report (FEIR 08-42) for the University Office and Medical Park Project (SP 90-24(08M)).
State Clearinghouse No. 2008011032. Prepared by UltraSystems Environmental Inc. for the City of San Marcos, California, November 5, 2008.
See Sectionꢀ5.4.
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would be 53.5 dBA. This level is far below the estimated exposure from other construction equipment, and would not make a significant contribution toward total exposure.
Public comments on the Draft Environmental Impact Report were generally negative. The proposed rock crushing operation was mentioned by many local residents, who were concerned about excessive noise. The response to this type of comment was that, as noted above, the facility would be too distant from sensitive receivers to make a significant contribution to total construction noise. The Final EIR, presented calculations to show that only residences within about 150 feet would be exposed to excessive noise levels from any of the construction activities, assuming no mitigation.
To the best of our knowledge, the University Office and Medical Park Project was never built. In March 2018, the City of San Marcos approved Discovery Village, a residential project on approximately the same site.12 The southern half of the project is substantially built as of this writing, while construction has not yet begun on the northern half. Construction has included blasting, but have no information at this writing about rock crushing.
3.7 TheꢀBouldersꢀProject,ꢀMenifeeꢀ
The Boulders Project in Menifee (Riverside County) is a 10.14-acre mixed-use development comprised of an office building, a 234-unit multi-family apartment complex and amenities. 13 The southeast corner of the site is occupied by a small hill with numerous large unweathered granitic boulders up to 20 feet in diameter. The project will require the use of two rock crushers and two pneumatic hammers to remove boulders and bedrock. The IS/MND does not explicitly address criteria air pollutant or greenhouse gas emissions from the rock crushing. However, it does address noise from that activity. The analysis assumes that the crushers and pneumatic hammers would each result in a maximum noise exposure of 85 dBA at 50 feet.14 This value is slightly lower than the time- weighted average values presented in Sectionꢀ5.6, and so may be an underestimate. Although total construction noise exposure was estimated to exceed 90 dBA L max at one neighboring residence, the rock crushers and pneumatic hammers were responsible for less than four percent of the total. The rock crushers would not cause vibration impacts, and the pneumatic hammers were assumed to have the same vibration characteristics as jackhammers. The analysis found that the pneumatic hammers would have negligible vibration impacts. Project construction began on June 30, 2023.15 12 13
T. Layne, Discovery Village Construction Underway in San Marcos. The Coast News, March 24, 2021. Accessed at https://thecoastnews.com/discovery-village-construction-underway-in-san-marcos/ on August 9, 2023.
Draft Initial Study/Mitigated Negative Declaration, The Boulders Project, City of Menifee, Riverside County, California, Prepared by LSA Associates, Inc. for City of Menifee. October 2021. Accessed at https://www.cityofmenifee.us/DocumentCenter/View/14077/Boulders-ISMND-10-01-2021 on August 27, 2023. 14 15
Construction noise analyses under CEQA normally use time-weighted average exposures instead of the maximum exposure (Lmax).
Spoon, D. Officials break ground on The Boulders mixed-use development. June 30, 2023. Accessed at http://www.menifee247.com/2023/06/officials-break-ground-on-the-boulders-mixed-used-development.html on August 27, 2023.
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4.0 4.1
REGULATORYꢀREQUIREMENTSꢀ
AirꢀQualityꢀ
4.1.1 AirꢀPollutionꢀIssuesꢀ
Concrete and rock crushing results in the potential release of significant quantities of two types of particulate matter (PM). PM consists of finely divided solids or liquids, such as soot, dust, aerosols, fumes and mists. Primary PM is emitted directly into the atmosphere from activities such as agricultural operations, industrial processes, construction and demolition activities, and entrainment of road dust into the air. Secondary PM is formed in the atmosphere from predominantly gaseous combustion by-product precursors, such as sulfur oxides, NOX, and ROGs.
Particle size is a critical characteristic of PM that primarily determines the location of PM deposition along the respiratory system (and associated health effects) as well as the degradation of visibility through light scattering. In the United States, federal and state agencies have focused on two types of PM. PM10 corresponds to the fraction of PM no greater than 10 micrometers in aerodynamic diameter and is commonly called respirable particulate matter, while PM 2.5 refers to the subset of PM 10 of aerodynamic diameter smaller than 2.5 micrometers, which is commonly called fine particulate matter.16
PM10 and PM 2.5 deposition in the lungs results in irritation that triggers a range of inflammation responses, such as mucus secretion and bronchoconstriction, and exacerbates pulmonary dysfunctions, such as asthma, emphysema, and chronic bronchitis. Sufficiently small particles may penetrate the bloodstream and impact functions such as blood coagulation, cardiac autonomic control, and mobilization of inflammatory cells from the bone marrow. Individuals susceptible to higher health risks from exposure to PM 10 airborne pollution include children, the elderly, smokers, and people of all ages with low pulmonary/cardiovascular function. For these individuals, adverse health effects of PM10 pollution include coughing, wheezing, shortness of breath, phlegm, bronchitis, and aggravation of lung or heart disease, leading, for example, to increased risks of hospitalization and mortality from asthma attacks and heart attacks. PM2.5 is particularly harmful because of its high surface-to-volume ratio. Toxic metals and other hazardous air pollutants cling to the particles surface and are carried deep into the lungs.
Both the U.S. Environmental Protection Agency (USEPA) and the California Air Resources Board (ARB) have established health-based standards for PM 10 and PM 2.5 concentrations in ambient air.
The City of San Bernardino is in the South Coast Air Basin (SCAB), which is in nonattainment (in violation) of the California standards for both particulate pollutants. 17 The SCAB is a federal “maintenance area” for PM10, which means that in no longer violates the USEPA standards but must continue implementing the measures that it took to achieve compliance. The Basin is in serious federal nonattainment for PM2.5.18
Cutting, sawing, grinding, drilling and crushing stone, rock or concrete creates microscopic particles crystalline silica dust, which has been linked to silicosis, lung cancer, chronic obstructive pulmonary 16 17
For comparison, a human hair is about 50 to 90 micrometers thick.
California Air Resources Board. Maps of State and Federal Area Designations. Accessed online at https://ww2.arb.ca.gov/resources/documents/maps-state-and-federal-area-designations, on June 26, 2023.
U.S. Environmental Protection Agency. Nonattainment Areas for Criteria Pollutants (Green Book). Accessed online at https://www.epa.gov/green-book, on June 26, 2023.
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disease and kidney disease.19 The federal Occupational Safety and Health Administration (OSHA) has issued exposure standards for construction workers exposed to crystalline silica, including those who operate crushing machines. 20 However, the U.S. Environmental Protection Agency does not regulate crystalline silica as a hazardous air pollutant (HAP).21 The California Office of Environmental Health Hazard Assessment (OEHHA), in conjunction with the ARB has established relative exposure levels for crystalline silica for chronic noncancer risk assessments, but has not developed cancer risk factors.22
4.1.2 CaliforniaꢀAirꢀResourcesꢀBoard’sꢀPortableꢀEquipmentꢀRegistrationꢀProgramꢀ(PERP)ꢀ Normally, any piece of equipment that emits air pollutants needs to have a permit to operate from the local or regional air pollution control agency, unless it is specifically exempted. Rock crushing equipment would therefore need a permit from the local air quality regulatory agency, which is the South Coast Air Quality Management District (SCAQMD). However, the ARB has established a voluntary equipment registration program for portable equipment, such as rock crushers, that can be moved from one site to another anywhere in California.23 The equipment cannot reside at one site for more than 12 consecutive months. 24 In order to start a new 12-month clock at any location, portable equipment must have been moved from a different location for a legitimate business purpose other than avoiding an air district permit requirement.
For rock crushing units that are self-propelled, the engine that provides power for transportation to and from a work site is not registered under PERP, and does not require a SCAQMD permit, but is nevertheless subject to ARB onroad mobile source regulations. The part of the machine that produces particulate emissions (crusher, grinder, etc.) is considered portable and is eligible for PERP.
PERP registration is also available for diesel-fueled portable generators that supply electricity to the crushing equipment.
To be eligible for PERP registration, an engine must satisfy a number of requirements. We will not go too deeply into the details here, but the main requirements are as follows. Engines rated at 50 to 750 brake horsepower (BHP) must be certified to federal Tier 4 Final standards,25,26 although under some circumstances other tiers are permissible. These 19 20
United States Department of Labor, Occupational Safety and Health Administration, Silica, Crystalline. Accessed online at https://www.osha.gov/silica-crystalline on July 29, 2023.
United States Department of Labor, Occupational Safety and Health Administration Standard Number 1926.1153 – Respirable Crystalline Silica, as of May 14, 2019. Accessed online at https://www.osha.gov/laws- regs/regulations/standardnumber/1926/1926.1153 on July 29, 2023. 21 22
U.S. Environmental Protection Agency. Initial List of Hazardous Air Pollutants with Modifications. Last updated December 19, 2022. Accessed online at https://www.epa.gov/haps/initial-list-hazardous-air-pollutants- modifications on July 29, 2023.
California Office of Environmental Health Hazard Assessment, Consolidated Table of OEHHA/ARB Approved Risk Assessment Health Values, May 1, 2023. Accessed online at https://ww2.arb.ca.gov/sites/default/files/classic/toxics/healthval/contable05012023.pdf on July 29, 2023.
California Air Resources Board. Portable Equipment. Frequently Asked Questions. January 14, 2020. Accessed at https://ww2.arb.ca.gov/sites/default/files/2020-01/PERP_FAQ%20.pdf on July 21, 2023.
The time limit applies to the residence time on site, and has nothing to do with how much time the equipment is actually used.
23 24
25 California Air Resources Board. Form 3 – Application for a Compression Ignition (Diesel) Portable Engine Registration. Accessed at https://ww2.arb.ca.gov/sites/default/files/2021- 07/ED_CREB_162_Form_2_Application_for_a_Compression_Ignition_Diesel_Portable_Engine_Registration_0.pdf on July 28, 2023.
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standards require engine manufacturers to limit emissions of particulate matter and NO x after the 2014 model year.27
Engines rated at over 750 BHP must be certified to federal Tier 4 Interim standards.28 These standards are not as stringent as Tier 4 Final standards, and were used to enable the Tier 4 Final standards to be phased in over a few years for large engines.29
4.1.3 SouthꢀCoastꢀAirꢀQualityꢀManagementꢀDistrictꢀ
The SCAQMD is responsible for maintaining and improving air quality in all of Orange County and the urbanized portions of Los Angeles, Riverside and San Bernardino Counties. Through its regulations and rules, it implements state and federal laws and regulations within its geographic distribution.
The SCAQMD has an extensive set of rules for controlling air pollutant emissions. These rules apply whether or not permits are required for emission sources. The following discussion focuses on rules that potentially apply to onsite concrete and rock crushing.
4.1.3.1 SCAQMDꢀRuleꢀ401ꢀ(VisibleꢀEmissions)ꢀ
This rule prohibits anyone from discharging to the atmosphere from a single source any air contaminant that, for an aggregated three minutes in any hour, is darker than No. 1 on the Ringelmann Chart or that obscures the observer’s view as much as or more than does smoke. The Ringelmann Chart shows a standard set of shades ranging from white through gray to black. Two things of note here are: (1) someone has to complain before a SCAQMD inspector comes to investigate and (2) the Ringelmann Chart comparison must be made with someone who has gone through special training and passed a qualifying “smoke test.”
4.1.3.2 SCAQMDꢀRuleꢀ402ꢀ(Nuisance)ꢀ
Rule 402 states that “A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.” For someone to be cited for violation of this rule, a SCAQMD inspector must observer the nuisance in person.
4.1.3.3 SCAQMDꢀRuleꢀ403ꢀ(FugitiveꢀDust)ꢀ
This is a voluminous and complex rule whose purpose is to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (man-made) fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions. It applies to any activity capable of generating fugitive dust. 30 The rule contains numerous control measures; some apply to all dust-generating operations and some to operations on 50 or more acres of disturbed surface area. 27 28
29 40 CFR Subpart B -Emission Standards and Related Requirements, § 1039.101.
California Air Resources Board, Op. Cit.
U.S. Environmental Protection Agency, Nonroad Compression-Ignition Engines: Exhaust Emission Standards. Office of Transportation and Air Quality, EPA-420-B-16-022, March 2016. Accessed at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100OA05.pdf on July 28, 2023.
Fugitive sources release pollutants to the air in ways other than deliberately through a vent or stack.30 7226/ Independent Analysis of Crushing Operations
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Two of the rule’s provisions have an increased potential for violation when crushed materials are stockpiled and are not covered and/or frequently watered:
No person shall cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area such that the dust remains visible in the atmosphere beyond the property line of the emission source.31
No person shall cause or allow PM 10 levels to exceed 50 micrograms per cubic meter when determined, by simultaneous sampling, as the difference between upwind and downwind samples collected on high-volume particulate matter samplers or other U.S. EPA-approved equivalent method for PM10 monitoring.32
Crushing operations are specifically mentioned in Rule 403, including one of the activities that comes under the definition of “construction.” The following two control measures are mandatory for all project sizes:33
Measureꢀ04‐1: Stabilize surface soils prior to operation of support equipment.
Measureꢀ04‐2: Stabilize material after crushing.
The rule gives the following guidance for implementing the control measures:
Follow permit conditions for crushing equipment.
Pre-water material prior to loading into crusher.
Monitor crusher emissions opacity.
Apply water to crushed material to prevent dust plumes.
Crushed materials are generally stored in stockpiles while awaiting onsite use or transport offsite.
Rule 403 has the following two control measures for stockpiles at all sizes of construction sites:
Measureꢀ14‐1:ꢀStabilize stockpiled materials.
Measureꢀ14‐2:ꢀStockpiles within 100 yards of offsite occupied buildings must not be greater than eight feet in height; or must have a road bladed to the top to allow water truck access or must have an operational water irrigation system that is capable of complete stockpile coverage.
The rule gives the following guidance for implementing the control measures:
Add or remove material from the downwind portion of the storage pile.
Maintain storage piles to avoid steep sides or faces.
For large operations, additional requirements apply to open storage piles at construction sites:34 31 32
33 34
SCAQMD Rule 403(d)(1)(A).
SCAQMD Rule 403(d)(3).
SCAQMD Rule 403, Table 1.
SCAQMD Rule 403, Table 2. A fourth control measure for storage piles does not apply to construction sites. 7226/ Independent Analysis of Crushing Operations
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ControlꢀActionꢀ5a: Apply chemical stabilizers; OR
ControlꢀActionꢀ5b:ꢀApply water to at least 80 percent of the surface area of all open storage piles on a daily basis when there is evidence of wind driven fugitive dust; OR ControlꢀActionꢀ5c:ꢀInstall temporary coverings.
4.1.3.4 SCAQMDꢀ Ruleꢀ 1157ꢀ (PM 10ꢀ Emissionꢀ Reductionsꢀ fromꢀ Aggregateꢀ andꢀ Relatedꢀ Operations)ꢀ
Although most of the provisions of this rule concern activities at stationary sources, such as rock quarries, the rule also applies to portable onsite rock crushing operations. 35 Much of the rule’s requirements are similar to those of Rule 403, described above. The following provisions focus on rock crushing activities and material storage piles.
VisibleꢀDustꢀLimitationsꢀ
The rule limits discharges of visible dust emissions to the atmosphere from any activity, equipment or storage pile. Visible dust plumes may not exceed 100 feet from those types of sources.36 EquipmentꢀDustꢀControlꢀ
Dust suppressants or other dust control methods must be used during loading, unloading or transferring materials, including use of conveyors.
Screening equipment must be within an enclosure that is equipped with a baghouse or use dust suppressants or other dust control measures.37
Crushing equipment does not need to be enclosed, but it needs to have baghouses to control PM10 emissions; alternatively, dust suppressants or other dust control methods must be used.38
StorageꢀPilesꢀ
The operator must maintain the entire surface area of open material storage piles in a stabilized condition or store materials in a silo or a bunker.39 Open material storage piles may not be more than eight feet high if they are located within 300 feet of offsite occupied buildings or houses. As an alternative, a water irrigation system must maintain in a stabilized condition the entire surface of the storage piles.40 35 Personal communication from Sarai Rios, Air Quality Engineer I, Engineering and Permitting, South Coast Air Quality Management District to Erik Segura, Assistant Planner, UltraSystems Environmental Inc., July 21, 2023. 36 37
38 39
40 SCAQMD Rule 1157(d)(1)(A).
SCAQMD Rule 1157(d)(5).
SCAQMD Rule 1157(d)(4).
SCAQMD Rule 1157(d)(6)(A).
SCAQMD Rule 1157(d)(6)(C).
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4.2 Noiseꢀ
The City of San Bernardino Municipal Code has only a few provisions covering construction noise, and none specifically related to concrete or rock crushing. Section 8.54.070 limits “any work of construction, erection, alteration, repair, addition, movement, demolition, or improvement to any building or structure” to the hours of 7:00 a.m. to 8:00 p.m. These limits, as well as other provisions of Chapter 8.54 (Noise Control) may be changed for construction of park and recreation facilities and public works projects, 41 and for “construction, repair or excavation work performed pursuant to a valid written agreement with the City, or any of its political subdivisions, which provides for noise mitigation measures.42
All internal combustion equipment, including construction equipment, is required to have a silencing muffler.43
4.3 Waterꢀ
Air pollution control measures for rock crushing frequently include spraying materials with water as they pass through crushing equipment or are stored in piles before and after being processed.
Overspray may result in the water coming into contact with the ground. In addition, rainfall may infiltrate into storage piles, leading to saturation and runoff to the ground; this results in entrainment and transport of solid particles and dissolved chemicals to surface waters or groundwater. Transport of fine concrete-derived materials is of special concern because these materials have high pH levels and could adversely affect both surface water and groundwater quality.44 The following is a summary of federal and state regulations designed to control water pollution.
The following are summaries of federal and state water regulations that could affect use of onsite rock crushing equipment during construction.
4.3.1 FederalꢀRequirementsꢀ
4.3.1.1 NPDESꢀPermitꢀ
Unless a property to be developed is adjacent to a water body or has one running through it, use of onsite rock crushing would not require federal permits under §§ 401 or 404 of the Clean Water Act (CWA). However, § 402 of the CWA requires that projects that disturb one or more acres of soil or disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, to obtain a National Pollutant Discharge Elimination System (NPDES) permit. In California, to which the USEPA has delegated partial authority for administering the NPDES, the developer must obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity: Construction General Permit Adopted Order 2009-0009-DWQ (as amended by 2010-0014-DWQ and 2012-0006-DWQ). 45 Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does 41 42
43 44
San Bernardino Municipal Code § 8.54.060.H.
San Bernardino Municipal Code § 8.54.060.I.
San Bernardino Municipal Code § 8.51.020.
U.S. Environmental Protection Agency, Office of Water, Stormwater Best Management Practice: Concrete Washout.
EPA-833-F-11-006, February 2012. Accessed online at https://www3.epa.gov/npdes/pubs/concretewashout.pdf on July 29, 2023.ꢀ
45 https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.html. 7226/ Independent Analysis of Crushing Operations
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not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.
The Construction General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD).
To prevent water quality impacts (designated in Basin Plans) to waters of the U.S. and State, if a project site would disturb less than one acre, preparation of a project-specific SWPPP is still recommended to:
Ensure that concrete piles are treated and contained as if they are concrete washout areas and other washout areas that may contain additional pollutants that could impact beneficial uses or exceed water quality parameters as described in Basin Plans, so there is no discharge into the underlying soil and onto the surrounding areas. They must implement “best management practices” (BMPs), including non-stormwater BMPs, described in the most recent California Stormwater Quality Association (CASQA) Best Management Practices Handbook46 or similar compilation.
Prevent fugitive dust from concrete grinding to mix with onsite soils or settle in drainages and be carried into receiving waters. Should this occur, such soils must be treated as contaminated soils and removed from the site prior to groundwork or other construction activities.
Ensure that rock piles are treated as stockpiled materials as discussed in the most recent CASQA Best Management Practices Handbook.
The State Water Resources Control Board (SWRCB) provides review and permitting services for onsite projects in the city of San Bernardino.
4.3.2 MS4ꢀPermitꢀ
The National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporated Cities of San Bernardino County within the Santa Ana Region Area-Wide Urban Storm Water Runoff Management Program (Order No. R8-2010-0036, and NPDES No. CAS618036), to which the City and County of San Bernardino are signatories (Permittees), regulates the discharge of pollutants into waters of the U.S. by way of stormwater and urban runoff drainage systems, including flood control facilities (RWQCB, 2010). These conveyance systems are commonly referred to as municipal separate storm sewer systems (MS4s), or storm drains. In this context, the NPDES Permit is also referred to as an MS4 permit.
Pursuant to the MS4 permit, Principal Permittees and Permittees must regulate discharges of pollutants in urban runoff from man-made sources into storm drains within their jurisdiction. The City and County of San Bernardino, as Permittees, may conduct construction site inspections for compliance with their ordinances (grading, Water Quality Management Plans, etc.) and local permits (construction, grading, etc.). The Permittees would develop a checklist for conducting site inspections. Inspections of construction sites would include, but not be limited to:
46 California Stormwater Quality Association. Construction Best Management Practices Handbook. December 2019. https://www.casqa.org/resources/bmp-handbooks/construction-bmp. 7226/ Independent Analysis of Crushing Operations
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Verification of coverage under the General Construction Permit (Notice of Intent [NOI] or Waste Discharge Identification Number) during the initial inspection, including visual observations for non-storm water discharges, potential illicit connections, and potential pollutant sources, and assessment of the effectiveness of BMPs implemented at the site and the need for any additional BMPs.
Determination of compliance with local ordinances, permits, Water Quality Management Plans and other requirements, including the implementation and maintenance of BMPs required under local requirements.
A review of the Erosion and Sediment Control Plans (ESCP) to ensure that the BMPs implemented onsite are consistent with the appropriate phase of construction (Preliminary Stage, Mass Grading Stage, Streets and Utilities Stage, Vertical Construction Stage, and Post- Construction Stage).
If stormwater generated on a project site would discharge to the City and County of San Bernardino storm drain system, the project would be required to comply with all relevant aspects of the MS4 permit. Compliance with the requirements of the Construction General Permit and requirements of the Basin Plan(s) would demonstrate compliance with the MS4 Permit.
4.3.3 CityꢀofꢀSanꢀBernardinoꢀRequirementsꢀ
The City of San Bernardino has some Municipal Code sections devoted to water quality. §ꢀ 8.80.101ꢀ essentially recognizes that the City is subject to the requirements of its MS4 permit, as described above.
§ꢀ8.80.103(34)(g) defines one type of pollutant as “substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor.” Thus concrete waste, with its high pH, would be defined as a pollutant.
The City of San Bernardino City Engineer is responsible for the administration, implementation, and enforcement of the provisions of § 8.80, which applies to all dischargers, including commercial, industrial, and construction enterprises, to the City’s stormwater drainage system (§ 8.80.201 and § 8.80.202). It is prohibited to deposit,ꢀleave,ꢀmaintain,ꢀkeep,ꢀorꢀpermitꢀtoꢀbeꢀdeposited,ꢀplaced,ꢀleftꢀorꢀ maintained,ꢀ anyꢀ refuse,ꢀ garbage,ꢀ sedimentꢀ orꢀ otherꢀ discardedꢀ orꢀ abandonedꢀ objects,ꢀ articles,ꢀ andꢀ accumulations,ꢀinꢀorꢀuponꢀanyꢀstreet,ꢀalley,ꢀsidewalk,ꢀstormꢀdrain,ꢀinlet,ꢀcatchꢀbasin,ꢀconduitꢀorꢀotherꢀ drainageꢀstructures,ꢀbusinessꢀplace,ꢀorꢀuponꢀanyꢀpublicꢀorꢀprivateꢀlotꢀofꢀlandꢀinꢀtheꢀCity,ꢀsoꢀthatꢀtheꢀsameꢀ mayꢀbeꢀand/orꢀmayꢀbecomeꢀaꢀpollutant (§ 8.80.206[3]), including anyꢀotherꢀmaterialꢀthatꢀcausesꢀorꢀ contributesꢀtoꢀaꢀconditionꢀofꢀcontamination,ꢀnuisanceꢀorꢀpollutionꢀinꢀtheꢀCity'sꢀstormꢀdrainageꢀsystemꢀ orꢀcausesꢀaꢀviolationꢀofꢀanyꢀwasteꢀdisposalꢀregulations,ꢀwasteꢀdischargeꢀrequirements,ꢀwaterꢀqualityꢀ standardsꢀorꢀobjectivesꢀadoptedꢀbyꢀtheꢀStateꢀWaterꢀResourcesꢀControlꢀBoard,ꢀRegionalꢀWaterꢀQualityꢀ ControlꢀBoard (§ 8.80.206[n]).
Prior to the issuance of any grading or building permit, all qualifying land development/ redevelopment projects, shall submit and have approved a Storm Water Quality Management Plan (SWQMP) to the City Engineer on a form provided by the City. The SWQMP shall identify all BMPs that will be incorporated into the project to control stormwater and non-stormwater pollutants during and after construction and shall be revised as necessary during the life of the project. The SWQMP submittal applies to construction projects covered by the NPDES General Construction Permit (§ 8.80.501). The SWQMP would be similar to the SWPPP in scope and nature. 7226/ Independent Analysis of Crushing Operations
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The City Engineer may require compliance with any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the Basin Plan, by issuing an Administrative Order, enforceable in a court of law or by directly seeking court action. Administrative orders may include Compliance Orders, Stop Work Orders, and Cease and Desist Orders (§ 8.80.603).
4.4 CityꢀResolutionꢀonꢀTemporaryꢀUseꢀPermitsꢀ
On October 21, 2020, the San Bernardino City Council adopted Resolution 2020-265 to provide clarification and guidance on the issuance of temporary use permits under Municipal Code §
19.70.020(2). According to the Resolution, § 19.70.020 permits a developer to use the site of an approved development project for storage of finished construction materials in the immediate runup to and during the construction of the project. 47 It was not intended to permit storage of construction materials at sites prior to the issuance of permits authorizing construction to begin (e.g., grading permits). The resolution gives the following guidance:
A. Stock piles of building materials shall only be permitted in conjunction with the issuance by the City of a grading permit or a building permit.
B. Stock piles of building materials shall consist only of finished materials ready for grading or construction.
C. No temporary use permit may be issued to permit the crushing or grinding of unfinished raw materials such as rock or concrete at a residentially-zoned site or in any other zone within 1,000 feet of a residentially zoned property.
D. If a temporary use permit is issued permitting the crushing or grinding of unfinished raw materials such as rock or concrete, City staff shall condition the temporary use permit in such manner to address the public health, safety and welfare. Such conditions shall, among other things address dust mitigation, noise mitigation, site security and compliance with all applicable air quality and water quality standards.
To the best of our knowledge, this resolution is still in force.
5.0 5.1
REVIEWꢀOFꢀROCKꢀCRUSHINGꢀEQUIPMENTꢀ
ElementsꢀofꢀaꢀRockꢀCrushingꢀSystemꢀ
A fairly small number of equipment types are common to most onsite rock crushing processes. This section identifies and describes the major elements of portable systems; how they interact with each other is described in Sectionꢀ5.2.
5.1.1 PrimaryꢀCrushingꢀEquipmentꢀ
Primary crushers are used in the initial stage of crushing operations to break down blasted material or natural rock to sizes that can be transferred to and processed in secondary crushers. Typical heavy-duty equipment used in primary crushing includes grizzlies, jaw crushers, gyratory crushers, 47 Underlining in the original text.
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impact crushers, and cone crushers. The recommended minimum product for primary crushing is
6.5 inches and the maximum feed opening is 2.5 to 5 feet.
5.1.1.1 Grizzlyꢀ
A grizzly is a device that separates feed material by size. It is usually comprised of parallel metal bars with air space between them, or a grid of metal bars. Its two main functions are (1) to prevent oversize rocks from plugging up a crusher and stopping the process; and (2) to allow small material that does not need crushing to bypass the crusher.48
5.1.1.2 JawꢀCrushersꢀ
Jaw crushers are durable, blunt instruments typically used in the primary stage of rock crushing.
Sometimes called “rock breakers,” jaw crushers use compressive force on large rock pieces to break them into smaller, elongated fragments acceptable for secondary crushing. 49 They can handle different types of non-sticky aggregate material well and do not produce much fine dust. Like with most crushing equipment, the capacity of a jaw crusher varies depending on the size of the equipment and the material being crushed. Smaller portable jaw crushers have a capacity of about 20 to 30 tons per hour (tph)50 while larger ones can range from 200 to 1,300 tph.51
5.1.1.3 GyratoryꢀCrushersꢀ
Gyratory crushers are typically used in the primary stage of rock crushing but they can also be used in the secondary stage. The concave surface of their conical heads is most often lined with manganese steel, and they crush aggregate to one-tenth of its original size using eccentric motion. Gyratory crushers work better with soft and dry materials. The capacity of a primary gyratory crusher can range from 420 to 3,000 tph and a secondary gyratory crusher can range from 200 to 1,500 tph depending on the size and power of the equipment.52
5.1.1.4 ConeꢀCrushersꢀ
Cone crushers use compression to break down material similar to jaw and gyratory crushers, and they are common for both primary and secondary crushing. 53 The components of a cone crusher include a manganese-lined, slightly angled concave bowl with a rotating mantle. Horizontal shaft impactors (HSIs) and vertical shaft impactors (VSIs) are two impact-style equipment types of cone- crushers. Cone crushers handle dry or wet, medium-hard to very hard material well, though not so 48 49
50 51
52 53
Elrus Aggregate Systems. Grizzly bars and feeders improve primary crushing efficiency. July 11, 2017. Accessed online at https://www.elrus.com/blog/grizzly-bars-and-feeders-improve-primary-crushing-efficiency on July 28, 2023.
RM Group. Crusher Types used for Mobile Crushers. Accessed online at https://www.rubblemaster.com/us/blog/mobile-crusher-types on July29, 2023.
Vykin. Small-Sized Jaw Crusher. Accessed online at https://vykin.com/product/crushers/concrete-crusher/ on July 29, 2023.
TEREX MPS, Portable Jaw Crusher. Accessed online at https://www.terex.com/mps/en- gb/products/portable/portable-jaw-crusher on July 29, 2023.
SaVRee, Gyratory Crushers Explained, 2023. Accessed online at https://savree.com/en/encyclopedia/gyratory- crusher on July 29, 2023.
RM Group, Op. Cit.
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much sticky material and have a capacity ranging from 230 to 700 tph. 54 The cubical product from this has a 1:6 to 1:4 reduction ratio, meaning a 12-inch rock will come out as a 2- to 3-inch product.
5.1.1.5 ImpactꢀCrushersꢀ
Impact crushers are very versatile and can handle different types of soft, medium, and hard materials including steel and asphalt. they are ideal for smaller-scale projects like in roadside or urban environments. They break the material by throwing it against an impact wall, or apron, using a spinning rotor with hammers.55 In general, mobile impact crushers have a capacity of 100 to 500 tph and produce a varying size range of cubical aggregate particles.
5.1.2 SecondaryꢀCrushingꢀEquipmentꢀ
Secondary crushing is performed after primary crushing and further reduces aggregate material into smaller particles ready for tertiary or quaternary crushing stages. Equipment used in secondary crushing includes roller crushers, hammer mills, and vertical shaft impactors. The recommended product range for secondary crushing is 0.75 to 4 inches and the maximum feed opening is 25 inches.
5.1.2.1 RollꢀCrushersꢀ
Roll crushers can be used for secondary and tertiary crushing stages. They have two rollers working in opposite directions, shearing and compressing the material that is fed into the gap between the rollers. They can handle wet and sticky material at high capacities with low horsepower.56
5.1.2.2 HammerꢀMillsꢀ
Hammer mills, which can be used for secondary and tertiary crushing stages, have hammers rotating at high speeds to pulverize material. They can produce particles finer than 3/16 inch (4 millimeters) from a wide range of materials such as bauxite, limestone, and gypsum.57
5.1.2.3 VerticalꢀShaftꢀImpactorsꢀ
Vertical shaft impactors can be used for secondary and tertiary crushing stages. They have spinning hammers generating centrifugal force to further break up material. They are application-specific since they cannot handle abrasive material well and have high maintenance and operating costs.
5.1.3 TertiaryꢀandꢀQuaternaryꢀCrushersꢀ
Tertiary and quaternary crushing stages, or the third and fourth stages, follow primary and secondary crushing for fine sizing of particles. Most secondary crushing equipment can be used in this step, though cone crushers are the most common. A type of equipment that is used at this stage, but not in the primary stage, is the autogenous mill. This device is similar to a ball mill, in which hard spheres are made to move among the piece of rock and break them; the difference is that the rocks 54 Powerscreen, Cone Crushers. Accessed online at https://www.powerscreen.com/en/equipment/crushing/cone- crushers on July 29, 2023.
55 56
RM Group, Op. Cit.
McLanahan Corporation, Roll Crushers. Accessed online at https://www.mclanahan.com/products/roll-crushers on July 29, 2023.
57 McClanahan Corporation, Hammermill Crushers. Accessed online at https://www.mclanahan.com/products/hammermill-crushers on July 29, 2023. 7226/ Independent Analysis of Crushing Operations
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themselves act as the impactors.58 The recommended finished product for a tertiary cone crusher is 0.37 to 1 inch and the maximum feed opening is 10 inches.59
5.2 RockꢀCrushingꢀProcessꢀ
The general process of crushing rock is as follows, although, depending on the project, steps may be added or omitted. Material is dropped in a bin and from there an automatic feeder transports material to a grizzly which brings it to the primary crusher. The undersize material left in the grizzly is combined with the product from the primary crusher and is transported via conveyor belt to an intermediate bin. An automatic feeder then transports the material to an elevated belt which is dumped onto a vibrating screen. The sifted material bypasses the next step which is a grinding section that leads to a secondary crusher. The sifted material rejoins the secondary crusher product and heads to a fine material bin.
5.3 PowerꢀSourcesꢀ
The three main options for power sources for portable rock crushing equipment are diesel engines, electric generators and line power. Under the first option, diesel engines incorporated integrally into the crushing equipment provide mechanical power. A major disadvantage is that they are subject to vibration and exposed to dust that can clog air filters.
Under the second option, an electrical generator set (genset) burning diesel fuel is located away from the equipment, reducing vibration and dust issues. It provides power to electric motors that drive the crusher and to other electrical equipment such as lighting.
The third alternative is to connect the crushing plant to the electric power grid. This is generally the least expensive alternative for operation. However, installing the utility hookups may be time- consuming and expensive, and offsite issues may interrupt line service.
5.4 RecentꢀDevelopmentsꢀinꢀRockꢀCrushingꢀTechnologyꢀ
Rock crushers are designed to crush large rocks, concrete fragments and other large demolition debris elements into smaller rocks, gravel or rock dust. Mobile rock crushers are becoming increasingly popular in the construction and mining industries due to their mobility, efficiency and versatility. 60,61,62
58 59
911 Metallurgist, Autogenous Grinding. Accessed online at https://www.911metallurgist.com/blog/ag-autogenous- grinding on July 29, 2023.
McClanahan Corporation, Downstream Crushing Options for Secondary, Tertiary and Quaternary Crushing. Accessed online at https://www.mclanahan.com/blog/downstream-crushing-options-for-secondary-tertiary-and-quaternary- crushing on July 29, 2023.
60 61
Harding, J. Trends in the crusher market and operational challenges. Accessed online at https://www.at- minerals.com/en/artikel/at_Trends_in_the_crusher_market_and_operational_challenges-3672765.html on July 29, 2023.
Sonali, S. Mobile Crushers and Screeners Market by Product Type (Mobile Crushers and Mobile Screeners), Solutions (Products and Aftermarket), and End User (Construction, Stone Quarry, Mining, Material Recycling, and Others): Global Opportunity Analysis and Industry Forecast, 2021-2030. 2022. Accessed online at https://www.alliedmarketresearch.com/mobile-crushers-and-screeners-market on July 29, 2023. 62 Agico Cement, The Advantages of Using Mobile Rock Crushers in the Modern Construction Industry. February 28, 2023.
Accessed online at https://crushing-machine.com/crushing-equipment/the-advantages-of-using-mobile-rock- crushers-in-the-modern-construction-industry/ on July 29, 2023. 7226/ Independent Analysis of Crushing Operations
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Mobile rock crushers consist of several components, including a primary crushing unit (usually a jaw crusher, which crush large rocks into smaller rocks or gravel), a secondary crushing unit usually a cone crusher, to crush hard and abrasive materials, such as granite, basalt and quartz), a vibrating screen, and a belt conveyor. Other types of mobile rock crushers include impact crushers and vertical shaft impact crushers. Mobile rock crushers often have such environmentally-friendly features as dust suppression systems, which minimize the air quality impacts of crushing operations. Safety features such as remote-control units, emergency shut-off switches and safety guards are also important. Mobile crushers are more expensive than stationary crushers (such as used in quarries), and only last about half the lifetime.
The global mobile crusher and screener was valued at $2,467.5 million in 2020 and is projected to reach $4,354.9 million by 2030, growing at a compound annual growth rate of 5.7 percent from 2020 to 2030. Key players in the industry include Metso Corp., Terex Corporation, Sandvik AB, Komatsu Mining Corporation and McCloskey International Ltd. Chinese-built crushers account for nearly 60 percent of the market.
5.5 AirꢀEmissionsꢀandꢀControlsꢀ
The most widely-used source of information on air pollutant emissions from rock crushing is the U.S.
Environmental Protection Agency’s CompilationꢀofꢀAirꢀPollutantꢀEmissionsꢀFactorsꢀ(AP‐42).63 Since its original publication in 1972, AP-42 has been revised and expanded numerous times and is now available primarily online. Information relevant to rock and concrete crushing is in AP-42 Volume I, Chapter 11, Mineral Products Industry, § 11.19.2, Crushed Stone Processing and Pulverized Mineral Processing.64
As discussed in Sectionꢀ4.1.1, the main rock crushing air pollutants of concern in the SCAB are PM10 and PM2.5. A substantial portion of the total emissions consists of large, heavy particles that settle out onsite and are not directly emitted to the atmosphere. Other factors affecting emissions are the surface moisture content of the stone processed (the wetter the stone, the lower the emissions), the process throughput rate, the type of equipment and operating practices, and climatic factors.
The main methods of controlling particulate emissions from rock crushing are (1) water spraying at various points in the processing and (2) enclosing equipment and directing emissions to a baghouse.
In a baghouse, exhaust emissions are directed to a large number of fabric bags. In some designs, the dirty air passes through the bag, which trap the pollutants inside. In other designs, the dust is trapped on the outside of the bag. The trapped matter is periodically removed from the bags by reverse air flow or shaking and then collected in a hopper.65
AP-42 reports PM 10 control efficiencies ranging from 77.7 percent for tertiary crushing to 95.9 percent for conveyor transfer points. However, the SCAQMD has developed other control efficiency estimates that are based upon the requirements in Rule 1157 (seeꢀ Sectionꢀ 4.1.3.4) and local meteorological factors. 66 The San Diego County Air Pollution Control District has also developed 63 AP-42: Compilation of Air Emissions Factors. U.S. Environmental Protection Agency. May 11, 2023. Accessed online at https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors on July 29, 2023.
64 65
Last accessed online at https://www.epa.gov/sites/default/files/2020-10/documents/c11s1902.pdf on July 29, 2023.
Industrial Accessories Company, Baghouse Dust Collectors. Accessed online at https://iac-intl.com/baghouse/ on July 29, 2023.
66 South Coast Air Quality Management District. Particulate Matter (PM) Emission Factors for Processes/Equipment at Asphalt, Cement, Concrete and Aggregate Product Plants. December 2021. Accessed online at 7226/ Independent Analysis of Crushing Operations
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emission factors that could be useful. 67 Tableꢀ5.4‐1 shows uncontrolled and controlled emission factors for selected equipment. ꢀꢀ
Tableꢀ5.4‐1ꢀ
PMꢀEMISSIONꢀFACTORSꢀFORꢀROCKꢀCRUSHINGꢀOPERATIONS
EmissionꢀꢀFactorb
(lb/ton)ꢀEquipmentꢀorꢀProcessꢀ PM10 PM2.5ꢀ
Uncontrolled Controlled Uncontrolled Controlled
Primary Crushinga
Secondary Crushing
Tertiary Crushing
Screening
0.0007
0.0062
0.0024
0.01 0.000035
0.0014
0.00053
0.00088
No data
0.000021
0.00036
0.00058
No data
0.000021
.000008
0.000051
aData from San Diego APCD.
bPM10 and PM2.5 fractions of total PM obtained from AP-42.
For project-specific emissions analyses, additional research and judgment are needed in selecting emission factors. However, to put these values into perspective, for a fairly large rock crushing operation of 1,000 tons per day, the total uncontrolled PM 10 and PM 2.5 emissions in the categories shown in Tableꢀ5.4‐1ꢀwould be 19 and 1 pounds per day, respectively. Controlled emissions would be 1.6 and 0.15 pounds per day, respectively. These values are far below the SCAQMD’s thresholds for significance under the California Environmental Quality Act (CEQA) of 150 and 55 pounds per day of PM and PM , respectively.10 2.5
Portable crushing equipment that uses diesel engines or diesel generators has emissions of “criteria pollutants”68 carbon monoxide (CO), nitrogen oxides (NO ), sulfur oxides (SO ), as well as PM andx x 10 PM2.5. Diesel particulate matter (DPM) is of special concern because it is a carcinogen. In addition, diesel fuel combustion results in emissions of the greenhouse gases (GHG) carbon dioxide (CO 2), methane (CH ) and nitrous oxide (N O). Equipment that uses line power generally has lower criteria4 2 pollutant and GHG emissions because electric utilities obtain at least some of their energy from sources other than fossil fuel, such as solar, nuclear and hydroelectric generation.
5.6 NoiseꢀEmissionsꢀandꢀControlsꢀ
For a previous project, UltraSystems reviewed the results of five sets of field measurements of noise from rock crushing operations. These are summarized in Tableꢀ5.5‐1. Because the distance between the noise source and the sound level meter varied from study to study, the measurement data have been normalized to a distance of 50 feet, assuming a “soft” surface along the transmission pathway.
The mean and 95th percentile values for this data set were 87.4 and 88.9 dBA, respectively. These values are comparable to those of onsite construction equipment such as graders and excavators. https://www.aqmd.gov/docs/default-source/planning/annual-emission-reporting/pm-emission-factors-for- processes-and-equipment-at-asphalt-cement-concrete-and-aggregate-product-plants-revised.pdf?sfvrsn=8 on July 28, 2023.
67 68
San Diego County Air Pollution Control District. Calculation Procedures, Mineral Products Industry Aggregate Crusher, 1999. Accessed online at https://www.sdapcd.org/content/sdapcd/permits/toxics-emissions/calculation- procedures.html on July 28, 2023.
Criteria pollutants are those for which the U.S. Environmental Protection Agency and/or the California Air Resources Board have set ambient air quality standards to protect human health. See Sectionꢀ4.1.1. 7226/ Independent Analysis of Crushing Operations
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Whether noise controls are needed will depend mainly on the distance of sensitive noise receivers to the rock crushing area.
Tableꢀ5.5‐1ꢀ
ROCKꢀCRUSHERꢀNOISEꢀMEASUREMENTꢀDATAꢀ
Distanceꢀ
Fromꢀ
Sourceꢀ
(Feet)ꢀ
100
Calculatedꢀ
NoiseꢀLevelꢀ
Atꢀ50ꢀFeetꢀ
(dBAꢀLeq)ꢀ
86.5 Measuredꢀ
NoiseꢀLevelꢀ
(dBAꢀLeq)ꢀ
TypeꢀofꢀEquipmentꢀ
79 70Portable Crusher and Conveyor69 330 90.5
500 59 84.0
250
500
160
250
73 56
73 69
90.5 81.0
85.6 86.5
Permanent Heavy Rock Crusher70
Portable Crusher and Conveyor71
Portable Crusher and Conveyor72
Large Portable Unit73
Jaw Crusher74
835
20 50
120
60 90.6
84.3 86.5
86.8 94.2
86.5 77.3
78Concrete Crusher75 100 85.5
6.0 OTHERꢀJURISDICTIONSꢀ
UltraSystems searched for other jurisdictions in California and elsewhere that had regulations or policies that applied to rock crushing. The following were found:
6.1 CityꢀofꢀRiverbank,ꢀCaliforniaꢀ
Although this city is in the San Joaquin Valley, we included it because it has some of the most comprehensive regulations for onsite rock crushing. 76 It might be suitable as a template (with modifications for the City of San Bernardino’s circumstances) for a municipal code section. The regulation is provided in Attachmentꢀ2. Its major features include:
69 Environmentalꢀ Noiseꢀ Analysisꢀ forꢀ Proposedꢀ Rockꢀ Crusherꢀ atꢀ Meadowlarkꢀ Estates,ꢀ TSMꢀ 387,ꢀ Sanꢀ Marcos,ꢀ California.
Prepared by Douglas K. Eilar for Meadowlark Ventures, Placentia, California, Job #95032 (March 29, 1995).
Ibid.70
71 72
Ibid.
StockpileꢀRockꢀProcessingꢀPlant,ꢀCUPꢀ86‐91. Prepared by General Acoustics for Chilcote, Inc., Report #6805.ENG (August 1986); cited in EnvironmentalꢀNoiseꢀAnalysisꢀforꢀProposedꢀRockꢀCrusherꢀatꢀMeadowlarkꢀEstates,ꢀTSMꢀ387,ꢀSanꢀMarcos,ꢀ California.
73 Tavares, R. “Acoustical Compliance Statement of Findings, TM 432 Rock Crusher – San Marcos CA.” Letter report from Investigative Science and Engineering, Inc., San Diego, California, to Paul Kim, Forecast Homes, Temecula, California (October 1, 2003).
74 75
76 Eilar, D. “Noise Measurements and Evaluation for Rock Crusher, Mendenhall Tract, San Marcos CUP 03-593.” Letter report from Eilar Associates, Encinitas, California, to Hall Land Company, San Diego, California (June 5, 2003).
Eilar, D. “Noise Measurement for Concrete Recycling Crushing Plant.” Letter report from Eilar Associates, Encinitas, California, to Cannon/Noe Crushing, Santee, California (September 26, 2002).
City of Riverbank, California. Code of Ordinances, Title XV: Land Usage, Chapter 155: Grading, §155.08. Accessed at https://codelibrary.amlegal.com/codes/riverbank/latest/riverbank_ca/0-0-0-32223 on August 27, 2023. 7226/ Independent Analysis of Crushing Operations
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The rock crushing equipment has a permit from the local air pollution control district. (This may not be necessary in the SCAQMD; see Sectionꢀ4.1.2.) The crushing equipment is capable of providing material meeting "three quarter (3/4) inch minus" specifications.77
No offsite materials are brought onsite for crushing.
Rock crushing equipment is removed from the site within 15 days of completing the crushing activity.
Excavated crushed material not used for onsite construction or landscaping is removed to a city approved location within 15 days of completing the crushing activity.
The rock crushing equipment is set up as far away as practicable from any property line or existing residence but in no case shall the setback be less than 150 feet.
The duration of the temporary rock crushing activity is for no more than 60 consecutive days from the issuance of the permit, unless the applicant obtains an extension of time pursuant to the City of Riverbank Land Use Permit and Procedures Ordinance. Rock crushing occurs Monday through Friday, between 8:00 a.m. and 5:00 p.m., and not on legal holidays.
Water is available to provide dust control.
An application for a temporary permit for onsite rock crushing shall contain the following. 1) A detailed explanation of the proposed construction and rock crushing activities, including:
(a) An approved grading/clearing plan;
(b) An estimate of the amount material to be processed; (c) The amount of material to be used on site and the amount to be removed if any; and
(d) The duration and operating characteristics of the rock crushing activity. 2) An explanation of how the proposal will reduce truck trips or otherwise benefit the community.
3) A map drawn to scale showing:
(a) The location of property boundaries;
77 This is rock that is less than or equal to 0.75 inch in approximate diameter; it is a common size for gravel used in construction, paving etc.
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(b) The truck travel route for vehicles accessing the site and rock material being removed from site;
(c) The location site for material being removed;
(d) Setbacks to the rock crushing activity; and
(e) Any topographic features in the immediate vicinity of the proposed rock crusher.
4) Any additional information, which will assist in the evaluation of the proposed rock crushing.
Any permit for temporary permit for rock crushing granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit are violated.
6.2 CityꢀofꢀJurupaꢀValley,ꢀCaliforniaꢀ
In a recent development agreement ordinance, 78 the City of Jurupa Valley required the Pedley Crossing shopping center project, which included onsite rock crushing during construction, to install baghouses on equipment used for rock or concrete crushing to limit particulate matter emissions.
Additional measures considered to limit PM 10 and PM 2.5 emissions include water spraying during loading and unloading of earthen materials, covering and watering hauled and transported dirt, sand, gravel or soil, and maintaining at least six inches of freeboard in accordance with § 23114 of the California Vehicle Code. All vehicles on the construction site must travel at speeds less than 15 miles per hour and all material stockpiles subject to wind erosion during construction activities, and which will not be utilized within three days, must be stabilized with extra water, chemical stabilizers or temporary covers.
The agreement required an extensive set of mitigation measures for noise from rock crushing in cases where a line of sight exists between the crushing equipment and residential areas within 900 feet. To limit noise impacts from crushing, a net 20-foot-high break either by a depression of the processing plant or a berm made of material spoils will be created on the site. Noise blanket panels with a Sound Transmission Class (STC) rating of 25 or greater will be mounted on vertical steel supports to provide a 20-foot-high surface. Natural topography which breaks the line of sight will be considered to meet the purposes of this mitigation measure. Should the City of Jurupa Valley determine that a direct line of sight between the crusher and residential structures within 900 feet of the crusher continues to exist with placement of the berms and/or sound blankets, the City may mandate taller features such that the line of sight is blocked. If noise levels produced by haul trucks are found to create a significant impact by increasing noise levels by 5 dB or more at any residential dwelling, then the project applicant must either limit the number of trucks per hour hauling material from the site or relocate the haul route onsite to reduce noise levels.
For impacts related to unidentified prehistoric archaeological resources within the Traditional Use Area, the Tribal Monitor will be allowed onsite at times when the Project Archaeologist is conducting 78 City of Jurupa Valley, Staff Report, An Amendment (Da1402a1) to Extend the term for “Development Agreement Pedley Road And 60 Freeway.” https://www.jurupavalley.org/AgendaCenter/ViewFile/Item/1128?fileID=776 7226/ Independent Analysis of Crushing Operations
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archaeological monitoring during initial ground disturbing activities and excavation of each portion of the project site.
6.3 CityꢀofꢀEscondidoꢀ
The City of Escondido (San Diego County) Municipal Code § 17-238 states that it is unlawful to do any authorized grading, defined as compacting, drilling, rock crushing or splitting, bulldozing, clearing, dredging, digging, filling and blasting, at any construction site, except on Mondays through Fridays during a week between the hours of 7 a.m. and 6 p.m. and, provided a variance has been obtained in advance from the city manager, on Saturdays from 10 a.m. to 5 p.m. It also states that any equipment used for grading shall not be operated so as to cause noise in excess of a one-hour sound level limit of 75 dB at any time when measured at or within the property lines of any property which is developed and used in whole or in part for residential purposes, unless a variance has been obtained in advance from the city manager.
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7.0 7.1
ALTERNATIVESꢀFORꢀMANAGINGꢀCONCRETEꢀDEBRISꢀANDꢀROCKꢀ
AvailabilityꢀofꢀAlternativesꢀinꢀandꢀAroundꢀSanꢀBernardinoꢀCountyꢀ At the City’s request, UltraSystems gathered information on the availability of alternative means of managing potentially recyclable demolition debris from construction sites. Our goal was not to perform a comprehensive evaluation of these alternatives, but rather to identify them for future consideration.79 The following things can be, and are, done to handle concrete demolition debris and solid rock materials that are present on a construction site:
Haul the material to a landfill for permanent disposal.
Haul the material to an offsite facility (landfill, quarry, recycler etc.) for crushing and sale of product to that facility’s customers.
Haul the material to an offsite crusher, have it crushed, and return the product to the construction site for use in construction.
Crush the material onsite and use it in construction.
Crush the material onsite and sell it to a building materials vendor.
The following information was obtained through online searches and correspondence and conversations with material industry representatives.
Several companies within or very near the city of San Bernardino offer services for the recycling or disposal of concrete and asphalt. Tableꢀ7.1‐1ꢀidentifies 12 firms that can provide concrete debris and/or rock management services. Tableꢀ7.1‐2 summaries services provided and one-way driving distance from the center of San Bernardino.80
A Construction Waste Management Plan (CWMP) must be submitted to the City before starting a project. This will estimate how much debris will be generated and specify how it will be managed. A proper CWMP will depend on the lot location and size, the amount and makeup of the debris, the budget, and the time constrictions of a project. For example, with extra time, concrete can be cleaned and separated from steel or brick so it can be recycled and diverted from landfills. Once the project has concluded, the City requires copies of waste hauler invoices; receipts from recycling facilities or landfills; or a reuse certification. Considering CALGreen’s 2019 construction waste management requirement to divert at least 65 percent of nonhazardous waste from landfills, it would be efficient to reuse the concrete material back onsite or on nearby projects. The City may also sell it to the public directly from the project site, but this depends on how quickly the material needs to be cleared from the lot. Sending the concrete to recycling facilities where it can be recycled into aggregate or new concrete products is another way to divert it from landfills.
We spoke with five recycling companies that accept self-hauling of concrete located between 4.7 and
27.1 miles from the center of San Bernardino. Recycling facilities do not usually need a waste profile of the debris due to their preference for material that does not contain any known organic matter, hazardous chemicals, asbestos, and rebar. Philadelphia Recycling Mine and Agua Mansa Transfer Station/MRF will accept “dirty” materials but for a higher dumping price. North American Recycling & Crushing, LLC and C & B Crushing, Inc. will crush material onsite as needed using 79 80
The mention of particular facilities or services does not imply endorsement or recommendation by UltraSystems.
Driving distance measured from 495 North D Street, San Bernardino, CA 92401. 7226/ Independent Analysis of Crushing Operations
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Tableꢀ7.1‐1ꢀ
CONCRETEꢀANDꢀROCKꢀMANAGEMENTꢀSERVICESꢀINꢀANDꢀNEARꢀSANꢀBERNARDINOꢀ Nameꢀ TelephoneꢀandꢀLocation
(909) 887-3960
967 Knoll Street
Descriptionꢀ
Transportation services onlyDave Henry Trucking
San Bernardino, CA 92407
(909) 804-4222 Transportation services onlyEast Valley Recycling & Transfer Waste Management Service 144 South G Street
San Bernardino, CA 92410
(800) 722-8004 Landfill disposal for large projects
Mid-Valley Sanitary Landfill
Heaps Peak Disposal Site
2390 Alder Avenue
Rialto, CA 92377
(800) 722-8004
29898 CA-18
Running Springs, CA 92382
Only for small amounts of
concrete
Public dump site, clean inert is
transported to a recycling facility,
non-recyclables sent to landfills
(951) 786-0544
1830 Agua Mansa Road
Riverside, CA 92509
Agua Mansa Transfer
Station/MRF
(909) 386-8701
10130 Buckwheat Road
Phelan, CA 92371
Debris must be no bigger than 4
feet. Will accept all debris. Better
for small to medium size projects.
Accepts concrete and asphalt, If
there is steel in the concrete it has
to be trimmed within 2 inches.
Can do onsite crushing
Phelan (Sheep Creek) Transfer
Station
(714) 240-7054
1120 South La Cadena Drive
Colton, CA 92324
North American Recycling and
Crushing, LLC
(951) 685-8343
12000 Philadelphia Avenue
Mira Loma, CA 91752
Accepts concrete, No limit, can
include rebar, no waste profile
needed
Philadelphia Recycling Mine
C & B Crushing Inc
Materials accepted: asphalt,
(909) 446-0100
13552 Calimesa Boulevard
Yucaipa, CA 92399
concrete, concrete block, concrete
roof tile, can do onsite crushing
producing 1,500 to 3,500 tons per
day
(800) 722-8004 Accepts concrete with rebar
31 Refuse Road, 2 miles south of
Barton, off San Timoteo Canyon
Road, Redlands, CA 92373
(909) 820-3600
250 East Santa Ana Avenue
Rialto, CA 92316
San Timoteo Sanitary Landfill
Ramco
Accepts clean broken concrete
and asphalt only with a maximum
size of 30 inches, no limit
(626) 733-5979
Corona Asphalt
Accept clean concrete and asphalt,
will hire North American
1709 Sherborn Street
Corona, CA 92879
Recycling and Crushing, LLC to
crush to a contractor’s requested
size.Vulcan Materials Company
(951) 316-4069
San Bernardino Asphalt
2400 W Highland Avenue
San Bernardino, CA 92407
Corona site will take large riprap.
aManaged by County of San Bernardino Department of Public Works. 7226/ Independent Analysis of Crushing Operations
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Tableꢀ7.1‐2ꢀ
CONCRETEꢀANDꢀROCKꢀMANAGEMENTꢀSERVICESꢀINꢀANDꢀNEARꢀSANꢀBERNARDINOꢀ Mid-Valley Sanitary Landfill
Heaps Peak Disposal Site
•
•
•
•
10.2 27.8
12.5 31.8
10.8 6.5
15 38
22 37
21 12
29 24
19 11
43 17
10 San Timoteo Sanitary Landfill
Phelan Transfer Station
Agua Mansa Transfer Station/MRF
North American Recycling and Crushing, LLC
Philadelphia Recycling Mine
C & B Crushing Inc
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
20.7 19.5
9.3Ramco, Rialto
Vulcan Materials Company (Rialto)
Vulcan Materials Company (Corona)
Dave Henry Trucking
4.7 27.1
12.4 3.7
•
•East Valley Recycling & Transfer
*Inert = clean material free of plants, garbage, paper, glass, wood, metal portable crushing plants and can produce between 500 and 3,500 tons per day. The final products are Caltrans Section 26 Class 2 aggregate base and Public Works Section 200 Crushed Miscellaneous Base materials. There are usually no daily limits for incoming materials at either recycling facilities or landfills, however, they prefer to be notified of large drop-offs so they can plan accordingly. Some facilities have size limits for the debris so it is best to call them beforehand when self-hauling large riprap. For example, Ramco has a maximum size of 30 inches and Phelan transfer station has a maximum size of four feet; meanwhile, Vulcan Materials Company in Corona does not have a size limit and will accept very large pieces of rock.
If recycling is not an option due to contaminated debris, most landfills will accept construction material. If the debris could be hazardous the landfill must be informed to determine if a waste profile is required so it is disposed of properly. Landfills like Mid-Valley Landfill Garbage dump, Heaps Peak Disposal Site, San Timoteo Sanitary Landfill, and Phelan Transfer Station may be more convenient options for dropping off concrete with mixed material such as rebar, brick, and dirt. Recycling and landfill facilities can be contacted to answer any questions about materials they do or do not accept.
If concrete needs to be moved around there are companies like Dave Henry Trucking and East Valley 7226/ Independent Analysis of Crushing Operations
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Recycling & Transfer that pick up or transport construction debris and must adhere to local air quality regulations, such as SCAQMD Rule 403, which requires mitigation of fugitive dust (see Sectionꢀ4.1.3.3).
7.2 ComparativeꢀAirꢀPollutantꢀEmissionsꢀ
To put the information presented so far into perspective, we analyzed the following scenarios for a situation in which 10,000 tons of rock or concrete debris are already on a project site:
A. Loading the debris into dump trucks and hauling it to a landfill.
B. Hauling the debris to an offsite crushing facility, crushing it and returning product to the construction site.
C. Crushing the rock or concrete onsite with a portable crushing system.
The objective of this analysis was to compare criteria and air pollutant and greenhouse gas (GHG) emissions for the three scenarios.
7.2.1 Assumptionsꢀ
A detailed list of assumption data references, along with calculations, are in Attachmentꢀ3. Tableꢀ
7.2‐1ꢀshows the major assumptions, some of which are common to all scenarios. The power rating of the electric generator is equivalent to 750 kW, which has been reported as the size generator for a portable rock crushing plant.81
Tableꢀ7.2‐1ꢀ
ASSUMPTIONSꢀUSEDꢀINꢀSCENARIOꢀANALYSISꢀ
Parameterꢀ Assumptionꢀ
10,000 tons
200 tons/hour
Rock to be crushed or transported
Maximum onsite crushing process rate
Maximum offsite crushing process rate
Working hours per day
Crushing phases included
Power source
Maximum power of generator
Other onsite equipment
Truck load capacity
400 tons/hour
8 hours
Primary, secondary, tertiary, screening
Diesel-fueled electric generator
1,006 brake-horsepower
224-bhp front loader
15 cubic yards
Distance to landfill 16 miless
Distance to offsite crushing facility 17 milesb
aAverage for four local landfills.
bAverage for five local crushing facilities.
81 Rock Crushing Plant Generator Modifications, Generator Source, February 2018. Accessed at https://www.generatorsource.com/blog/February-2018/Rock-Crushing-Plant-Generator-Modifications.aspx September 9, 2023.
on
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7.2.2 Resultsꢀ
Tableꢀ 7.2‐2 and Tableꢀ 7.2‐3 show the uncontrolled and controlled criteria pollutant emission estimates, respectively, for each scenario. Scenario A, not unexpectedly, has the lowest emissions.
The highest, emissions are for the Scenario B, which assumes trucking of demolition debris offsite for crushing and then returned trucking with usable product. Note that in both Scenario B and Scenario C, uncontrolled NO emissions would exceed the SCAQMD’s CEQA threshold for NO , for operations,x x which is 55 pounds per day. As seen in Tableꢀ7.2‐3, use of Tier 4 Final-compliant generators and loaders would bring the NO emissions below that threshold. In Scenario B, the NO emissions arex x just under the limit. Tableꢀ 7.2‐4 shows estimated GHG emissions for the three scenarios. The controls that reduce the criteria pollutant emissions were assumed not to affect GHG emissions. The reported values are for all activities defined for each scenario, from a discrete starting point to a discrete ending point.
Tableꢀ7.2‐2ꢀ
UNCONTROLLEDꢀCRITERIAꢀPOLLUTANTꢀEMISSIONSꢀFORꢀEACHꢀSCENARIOꢀ Emissionsꢀ(lb/day)Scenarioꢀ ROGꢀ
0.77 6.32
4.11 CO
5.73 38.96
22.83 NOx SOx
0.05 0.23
0.11 PM10ꢀ
0.59 PM2.5
0.32A
B
C
11.17 89.78
60.54 60.59
30.21 38.07
19.22 ꢀ
Tableꢀ7.2‐3ꢀ
CONTROLLEDꢀCRITERIAꢀPOLLUTANTꢀEMISSIONSꢀFORꢀEACHꢀSCENARIOꢀ Emissionsꢀ(lb/day)Scenarioꢀ ROGꢀ
0.12 1.35
1.08 CO
9.88 83.41
54.82 NOx
5.92 SOx
0.05 0.23
0.11 PM10ꢀ
0.28 5.65
2.66 PM2.5
0.14 5.24
2.61 A
B
C
54.26 40.77
ꢀ
Tableꢀ7.2‐4ꢀ
GREENHOUSEꢀGASꢀEMISSIONSꢀFORꢀEACHꢀSCENARIOꢀ
MetricꢀTonsꢀ
CO2eꢀScenarioꢀ Descriptionꢀ
Aꢀ
Bꢀ
C
Landfill Disposal 10.0
Transport to offsite crushing facility
for crushing; return crushed
material to project site
37.1 29.5Onsite crushing and reuse
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ATTACHMENTS
ꢀ
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ATTACHMENTꢀ1ꢀ
PHOTOGRAPHSꢀOFꢀONTARIOꢀGREATꢀPARKꢀSITE
ꢀ
ꢀ ꢀ
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OTHERꢀJURISDICTIONS’ꢀPERTINENTꢀREGULATIONS
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Riverbank,ꢀCA
§ 155.07 BLASTING.
(A) This section in no way replaces or negates the requirements pertaining to explosives as adopted by the State of California or any other statute in effect within Stanislaus County. (B) All persons conducting blasting activities shall comply with all federal, state and local regulations applicable to blasting activities. Such person shall have and provide upon request, evidence of all necessary federal, state and local licensing required to conduct blasting activities. (C) Notification. Notice of all blasting shall be provided to the City Engineer. Prior to blasting, the person responsible for the blast shall inform all building occupants within 100 feet of the blast site. (1) The City Engineer may require additional notification for sensitive areas such as medical districts, hospitals, schools, etc.; and
(2) Signs shall be placed at street intersections adjacent to the blasting site on the day of the blasting or earlier if feasible. Signs shall state approximate blasting times and whom to contact. (Ord. 2004-006, passed 8-23-04)
§ 155.08 TEMPORARY ROCK CRUSHING.
(A) Temporaryꢀpermittedꢀrockꢀcrushing. Temporary on-site rock crushing for on-site construction and maintenance is permitted outright in any zone if the following standards are met:
(1) The subject property has received site plan, tentative plat or final plat approval for the construction or maintenance activity or is an approved public facility project; (2) Rock crushing equipment has a San Joaquin Unified Air Pollution Control District air contaminant discharge permit;
(3) The crushing equipment is capable of providing material meeting "three-quarter (3/4) inch minus" specifications;
(4) No off-site materials are brought on-site for crushing; (5) Rock crushing equipment is removed from the site within 15 days of completing the crushing activity;
(6) Excavated crushed material not used for on-site construction or landscaping is removed to a city-approved location within 15 days of completing the crushing activity; (7) The rock crushing equipment is set up as far away as practicable from any property line or existing residence but in no case shall the setback be less than 150 feet; (8) The duration of the temporary rock crushing activity is for no more than 60 consecutive days from the issuance of the permit, unless the applicant obtains an extension of time pursuant to the City of Riverbank Land Use Permit and Procedures Ordinance; (9) Rock crushing occurs Monday through Friday, between 8:00 a.m. and 5:00 p.m., and not on legal holidays; and
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(10) Water is available to provide dust control.
(B) Application requirements. An application for a temporary permit for on-site rock crushing shall contain the following.
(1) A detailed explanation of the proposed construction and rock-crushing activities, including:
(a) An approved grading/clearing plan;
(b) An estimate of the amount material to be processed; (c) The amount of material to be used on site and the amount to be removed if any; and (d) The duration and operating characteristics of the rock crushing activity. (2) An explanation of how the proposal will reduce truck trips or otherwise benefit the community.
(3) A map drawn to scale showing:
(a) The location of property boundaries;
(b) The truck travel route for vehicles accessing the site and rock material being removed from site;
(c) The location site for material being removed;
(d) Setbacks to the rock crushing activity; and
(e) Any topographic features in the immediate vicinity of the proposed rock crusher. (4) Any additional information, which will assist in the evaluation of the proposed rock crushing.
(5) The application shall be processed pursuant to the City of Riverbank Land Use Permit and Procedures Ordinance.
(C) Revocation of a Temporary Permit for Noncompliance. Any permit for temporary permit for rock crushing granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit are violated.
(Ord. 2004-006, passed 8-23-04)
JurupaꢀValley,ꢀCA
PreviousꢀEnvironmentalꢀDeterminationꢀPedleyꢀCrossingsꢀShoppingꢀCenterꢀ Tableꢀ1.ꢀSummaryꢀofꢀImpactsꢀandꢀMitigationꢀMeasuresꢀ
ꢀ
EnvironmentalꢀTopic/Thresholdꢀ MitigationꢀMeasuresꢀ(MM)ꢀRequiredꢀtoꢀ ReduceꢀImpactꢀ
ꢀ
AirꢀQualityꢀImpactꢀ4.2‐1: Project construction
would exceed the Localized Significance
MitigationꢀMeasureꢀ4.2‐1: The following dust
suppression techniques, or combination thereof,
7226/ Independent Analysis of Crushing Operations September 23, 2023
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Threshold (LST) for PM-2.5 during the site shall be implemented during construction preparation phase, and the LST for PM-10 during activities. Appropriate notes shall be included on both the site preparation and grading phases.
Maximum daily emissions from construction
activities would also exceed the SCAQMD daily
threshold for PM-10 by as much as 228.2 pounds
per day.
any grading permit or building permit:
All disturbed and unvegetated surfaces shall
be watered three times daily to reduce dust.
If portions of the construction site are to
remain inactive longer than a period of
thirty (30) days, the exposed surfaces shall
be seeded and watered until vegetative
cover is grown, or otherwise stabilized in a
manner acceptable to the City. Alternatively,
an application of dust suppressants can be
applied in sufficient quantity and frequency
to maintain a stable surface.
ꢀ
All unpaved on-site roads shall be watered
periodically or chemically stabilized, and
shall be paved if feasible based on daily
vehicle usage.
Public streets shall be swept daily to remove
soil tracked onto the paved surface by
vehicles leaving the construction site. Any
visible soil track-out extending more than
fifty (50) feet from the access point shall be
swept or washed twice per day and one
sweeping or washing shall occur after the
last truck of the day exits the site.
Water spray shall be provided during
loading and unloading for use on earthen
materials.
All material transported offsite shall be
either sufficiently watered or securely
covered to prevent excessive amounts of
dust.
All trucks hauling dirt, sand, gravel or soil
shall be covered and shall maintain at least
six inches of freeboard in accordance with
Section 23114 of the California Vehicle Code.
All vehicles on the construction site shall
travel at speeds less than 15 miles per hour.
All material stockpiles subject to wind
erosion during construction activities, and
which will not be utilized within three days,
shall be stabilized with extra water,
chemical stabilizers or temporary covers.
Baghouses shall be installed on crushing
equipment.
ꢀ
NoiseꢀImpactꢀ4.10‐1: Construction-period noise MitigationꢀMeasureꢀ4.10‐1:ꢀPrior to initiation of produced by the rock crusher may exceed
daytime noise thresholds at residential areas
operations at the rock crushing facility, the
project proponent will mitigate noise impacts by
7226/ Independent Analysis of Crushing Operations September 23, 2023
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ꢀATTACHMENTSꢀ
located within 900 feet of the crusher.
ꢀ
using any combination of the following features
surrounding the crusher:
Depression of the processing plant below
grade and/or construction of a berm from
materials spoils or stacked crushed rock
to achieve a net 20-foot-high break in the
direct line of sight to the closest
residences.
Mounting of noise blanket panels with a
Sound Transmission Class (STC) rating of
25 or greater. The sound blanket must be
mounted to vertical steel supports to
form a 20-foot-high solid surface without
cracks or gaps.
The berm and/or sound blankets must be placed
as close as reasonably possible to the crusher,
while allowing adequate space for vehicle
movements and material handling.
Implementation of this measure is only required
where a direct line of sight exists between the
crusher and residential land uses within 900 feet
of the crusher. Natural topography which breaks
the line of sight will be considered to meet the
purposes of this mitigation measure. Should the
City of Jurupa Valley determine that a direct line
of sight between the crusher and residential
structures within 900 feet of the crusher
continues to exist with placement of the berms
and/or sound blankets, the City may mandate
taller features such that the line of sight is
blocked.
ꢀ
NoiseꢀImpactꢀ4.10‐1:ꢀConstruction-period noise MitigationꢀMeasureꢀ4.10‐2: Noise impacts from haul trucks may result in a
substantial temporary or periodic increase in
ambient noise levels in the project vicinity.
ꢀ
measurements prepared to the satisfaction of
City staff will be conducted once the rock crusher
facility is fully operational and material is being
removed from the site to ensure compliance with
the City’s thresholds. If noise levels produced by
haul trucks are found to create a significant
impact by increasing noise levels by 5 dB or more
at any residential dwelling, then the project
applicant must implement one or more of the
following mitigations to reduce the noise
increase to below the 5 dB threshold:
Limiting the number of trucks per hour
hauling material from the site.
Relocation of the haul route on-site to
reduce noise levels to residential areas.
Placement of berms, temporary walls, or
sound blankets along portions of the haul
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ꢀATTACHMENTSꢀ
route.
New noise measurements are to be completed
following implementation of the mitigation
measure to confirm City thresholds have been
achieved.
ꢀ
CulturalꢀResourcesꢀImpactꢀ4.4‐2:
Implementation of the project could result in
significant impacts to unidentified prehistoric
archaeological resources within the Traditional
Use Area identified by the Soboba Band of
Luiseno Indians and Morongo Band of Mission
Indians.
MitigationꢀMeasureꢀ4.4‐3: Prior to the issuance
of grading permits, the developer/permit holder
will provide evidence to the City that appropriate
Native American representative(s) will be
allowed to monitor ground disturbance activities
and have received or will receive a minimum of
15 days advance notice of mass grading activities
in previously undisturbed soils. The length of
advance notice may be reduced by the City if a
Treatment and Disposition Agreement approved
by the appropriate Native American
ꢀ
representatives provides for a shorter
notification period. The monitor will be known as
the “Tribal Monitor” for the project. A Treatment
and Dispositions Agreement will be prepared to
address the treatment and ultimate disposition of
cultural resources which may include
repatriation and/or curation in a facility
approved by the City of Jurupa Valley. The Tribal
Monitor will be allowed on-site at times when the
Project Archaeologist is conducting
archaeological monitoring during initial ground-
disturbing activities and excavation of each
portion of the project site including clearing,
grubbing, tree removals, grading, trenching,
stockpiling of materials, rock crushing, structural
demolition, etc. The Tribal Monitor will have the
limited authority to temporarily divert, redirect
or halt the ground disturbance activities to allow
identification, evaluation, and potential recovery
of cultural resources in coordination with the
Project Archaeologist. The developer/permit
holder will submit a fully executed copy of the
agreement to the Jurupa Valley Community
Development Department to ensure compliance
with this mitigation measure.
ꢀ
Escondido,ꢀCA
Municipal Code § 17-238 Grading.
(a) It shall be unlawful for any person, including the City of Escondido, to do any authorized grading at any construction site, except on Mondays through Fridays during a week between the hours of seven (7) a.m. and six (6) p.m. and, provided a variance has been obtained in advance from the city 7226/ Independent Analysis of Crushing Operations September 23, 2023
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ꢀATTACHMENTSꢀ
manager, on Saturdays from ten (10) a.m. to five (5) p.m. (b) For the purpose of this section, “grading” shall include but not be limited to compacting, drilling, rock crushing or splitting, bulldozing, clearing, dredging, digging, filling and blasting. (c) In addition, any equipment used for grading shall not be operated so as to cause noise in excess of a one hour sound level limit of seventy-five (75) dB at any time when measured at or within the property lines of any property which is developed and used in whole or in part for residential purposes, unless a variance has been obtained in advance from the city manager. (Ord. No. 90-8, § 2, 3- 28-90)
7226/ Independent Analysis of Crushing Operations September 23, 2023
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ꢀATTACHMENTSꢀ
ATTACHMENTꢀ3
CALCULATIONꢀDETAILS
7226/ Independent Analysis of Crushing Operations September 23, 2023
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GENERAL ASSUMPTIONS
ASSUMPTIONS
Total Rock 10000 tons
Generator for rock crusher 750 kw = 1006 bhp
Onsite Crushing Facility
400 tons/hourLimiting Rate
Work Day
Tons per Day
Days to Complete
200 tons/hour
8 hours
1600 Onsite
6.25 Days
8 hours
3200 Onsite
3.125 Days
Miles to Landfills
Mid‐Valley
Phelan
San Timoteo
Ramco
Miles to Crushing Facility
North America 6.510.2
31.8 12.5
9.3 Philadelphia
C & B
20.7 19.5
9.3Ramco
Mean 16 Vulcan Corona 27.1
Mean 17
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EMFAC2021 RESULTS FOR HEAVY‐HEAVY‐DUTY DIESEL TRUCK
Source: EMFAC2021 (v1.0.2) Emissions Inventory
Region Type: Sub‐Area
Region: San Bernardino (SC)
Calendar Year: 2023, 2024, 2025
Season: Annual
Vehicle Classification: EMFAC2007 Categories
Units: miles/year for CVMT and EVMT, trips/year for Trips, kWh/year for Energy Consumption, tons/year for Emissions, 1000 gallons/year for Fuel Consumption Region Calendar YVehicle CatModel YeaSpeed Fuel Total VMT NOx_TOTEX PM2.5_TOTAL PM10_TOTAL CO2_TOTECH4_TOTE N2O_TOTEROG_TOTAL CO_TOTEXSOx_TOTEXNH3_RUNEX San Bernardino (SC)
San Bernardino (SC)
San Bernardino (SC)
2023 HHDT
2024 HHDT
2025 HHDT
Aggregate Aggregate Diesel
Aggregate Aggregate Diesel
Aggregate Aggregate Diesel
540336552.4 1620.489664 36.79911574 82.91333711 1021025 1.494729 160.8629 32.18110233 392.4773 9.668494 127.7087 551042326.4 1616.217656 37.59503132 84.28034632 1029927 1.532828 162.2654 33.00136093 403.9399 9.752789 130.5873 561322084.2 1603.769127 38.11337599 85.60931907 1034609 1.563991 163.003 33.67230282 414.3532 9.797126 133.3433 2023
2024
2025
tons/VMT
tons/VMT
tons/VMT
2.99904E‐06 6.81041E‐08 1.53448E‐07 0.00189 2.77E‐09 2.98E‐07 5.95575E‐08 7.26E‐07 1.79E‐08 2.36E‐07
2.93302E‐06 6.82253E‐08 1.52947E‐07 0.001869 2.78E‐09 2.94E‐07 5.9889E‐08 7.33E‐07 1.77E‐08 2.37E‐07
2.85713E‐06 6.78993E‐08 1.52514E‐07 0.001843 2.79E‐09 2.9E‐07 5.99875E‐08 7.38E‐07 1.75E‐08 2.38E‐07
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7226ꢀ EXAMPLEꢀCALCULATIONSꢀ Attachmentꢀ3ꢀ
ꢀ
ONSITEꢀROCKꢀCRUSHERꢀ–ꢀUNCONTROLLEDꢀPM10ꢀEMISSIONS
Emission Factors
Primary crushing: 0.0007ꢀlbꢀPM10/ton San Diego APCD
Secondary crushing: (0.014 lb PM/ton)(0.4444 lb PM /lb PM) = 0.00622ꢀlbꢀPM /ton10 10 Tertiary crushing: (0.0054 lb PM/ton)(0.4444 lb PM /lb PM) = 0.00240ꢀlbꢀPM /ton10 10 Screening: (0.025 lb PM/ton)(0.348 lb PM /lb PM) = 0.0087ꢀlbꢀPM /tonꢀ10 10 ꢀ
TotalꢀPM ꢀ=ꢀ0.0007 + 0.00622 + 0.00240 + 0.0087 = 0.0180ꢀlbꢀPM /tonꢀ10 10 ꢀ
DailyꢀEmissions:ꢀ(0.0180 lb PM10/ton)(1600 lb/day rock) = 28.8ꢀlb/dayꢀPM10- ONSITEꢀROCKꢀCRUSHERꢀ–ꢀCONTROLLEDꢀPM10ꢀEMISSIONS
Emission Factors
Primary crushing: 0.000035ꢀlbꢀPM10/ton
Secondary crushing: (0.00031 lb PM/ton)(0.4444 lb PM /lb PM) = 0.000138ꢀlbꢀPM /ton10 10 Tertiary crushing: (0.0012 lb PM/ton)(0.4444 lb PM /lb PM) = 0.000533ꢀlbꢀPM /ton10 10 Screening: (0.0022 lb PM/ton)(0.348 lb PM /lb PM) = 0.00077ꢀlbꢀPM /tonꢀ10 10 ꢀ
TotalꢀPM ꢀ=ꢀ0.000035 + 0.000138 + 0.000533 + 0.00077 = 0.00147ꢀlbꢀPM /tonꢀ10 10 ꢀ
DailyꢀEmissions:ꢀ(0.00147lb PM10/ton)(1600 lb/day rock) = 2.35ꢀlb/dayꢀPM10-
REFERENCES
Uncontrolledꢀ andꢀ controlledꢀ emissionꢀ factorsꢀ (exceptꢀ primaryꢀ crushing):ꢀ South Coast Air Quality Management District, Particulate Matter (PM) Emission Factors For Processes/Equipment at Asphalt, Cement, Concrete, and Aggregate Product Plants. Revised December 2021, p. 8. Accessed at https://www.aqmd.gov/docs/default-source/planning/annual-emission-reporting/pm-emission- factors-for-processes-and-equipment-at-asphalt-cement-concrete-and-aggregate-product-plants- revised.pdf?sfvrsn=8.
Uncontrolledꢀandꢀcontrolledꢀemissionsꢀfactorsꢀforꢀprimaryꢀcrushing:ꢀSan Diego Air Pollution Control District, Aggregate Crushing Operations. Revised December 31, 1998. Accessed at https://www.sdapcd.org/content/dam/sdapcd/documents/permits/emissions- calculation/mineral-products-industry-aggregate-crusher/APCD-crusher.pdf.
RatiosꢀofꢀPM ꢀandꢀPM ꢀtoꢀtotalꢀparticulateꢀmatter:ꢀU.S. Environmental Protection Agency, AP-42:10 2.5 Compilation of Air Emissions Factors, Volume 1, Chapter 11, §11.19.2 Crushed Stone Processing and
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7226ꢀ EXAMPLEꢀCALCULATIONSꢀ Attachmentꢀ3ꢀ
Pulverized Mineral Processing. August 2004, p. 11.19.2-8. Accessed at https://www.epa.gov/sites/default/ꢀiles/2020-10/documents/c11s1902.pdf.
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ONSITE GENERATOR CRITERIA POLLUTANTS AND GHG EMISSIONS
Assumptions
g/bhp‐hr
1006
ROG CO
1.031
NOx
3.058
Sox
0.005
PM10
0.058
PM2.5
0.058 g/bhp‐hrEF
BHP
Emission Factors 0.194
Emissions 3.442046 18.29252 54.25658 0.088713 1.029065 1.029065 lb/day Hr/day
Days
8 6.25
lb/gram 0.002205 CO2 CH4
EF 568.299 0.014 g/bhp‐hr
4573670 112.672 g/day
28585440 704.2 Total g
28585.44 0.7042 Total kg
28.58544 0.000704 MT
GWP 1 25
28.58544 0.017605 28.60304 CO 2e
Example: Methane CO2 Equivalent Emissions
Example: Daily NOx Emissions
(3.058 g/bhp‐hr)(1006 bhp)(8 hr/day) = 24,610.8 g/day
(0.014 g/bhp‐hr)(1006 bhp)(8 hr/day)(6.25 days) = 704.2 g = (704.2 g)/(1000 g/kg) = 0.7042 kg
= (24,530 g/day)/(453.6 g/lb) = 54.3 lb/day = 0.7042 kg/(1000 kg/MT) = 0.000704 MT CO e = (0.000704 MT)(25) = 0.0176 MT CO e2 2
Diesel generator set emission factors for 2023 from User Guide for CalEEMod Version 2020.4.0, Appendix D ‐ Default Data Tables, p. D‐33. http://www.aqmd.gov/docs/default‐source/caleemod/user‐guide‐2021/appendix‐d2020‐4‐0‐full‐merge.pdf?sfvrsn=12.
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ONSITE GENERATOR ‐ TIER 4 DIESEL
Assumptions
g/bhp‐hr
1006
ROG
0.06 CO
2.6 NOx
2.24 Sox
0.005
PM10
0.016
PM2.5
0.016 g/bhp‐hrEF
BHP
Tier 4 EF
Emissions 1.06455 46.13051 39.74321 0.088713 0.28388 0.28388 lb/day Hr/day 8
lb/gram 0.002205
Example: Daily NOx Emissions
(2.24 g/bhp‐hr)(1006 bhp)(8 hr/day) = 18,027.52 g/day
= (18027.52 g/day)/(453.6 g/lb) = 39.7 lb/day
Tier 4 Final emission factors from User Guide for CalEEMod Version 2020.4.0, Appendix D ‐ Default Data Tables, p. D‐77. http://www.aqmd.gov/docs/default‐source/caleemod/user‐guide‐2021/appendix‐d2020‐4‐0‐full‐merge.pdf?sfvrsn=12.
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RESULTS ‐ UNCONTROLLED EMISSIONS
Total
Metric
Tons
Scenario A Pounds per day CO2e
ROG CO NOx Sox PM10 PM2.5
Onsite Crusher
Onsite Generator
Onsite Loader
Offsite Crusher
Offsite Generator
Offsite Loader
Onroad
0.67 4.54 6.28 0.02 0.34 0.21 0.85
0.10 1.19 4.89 0.03 0.25 0.11 9.15
Totals 0.77 5.73 11.17 0.05 0.59 0.32 10
Total
Metric
Tons
Scenario B Pounds per day CO2e)
ROG CO NOx Sox PM10 PM2.5
Onsite Crusher
Onsite Generator
Onsite Loader 0.67 4.54 6.28 0.02 0.34
57.67 1.03
0.67 0.34
0.27 0.27
0.21 35.96
1.03 0.42
0.21 0.12
0.12 0.85
Offsite Crusher
Offsite Generator
Offsite Loader‐Process
Offsite Loader‐Return
Onroad Out
3.44 1.34
0.67 0.1
18.29 9.07
4.54 1.26
1.26 54.26
12.56 6.28
5.2 0.09
0.04 0.02
0.03 0.03
14.30 1.70
0.85 9.72
9.72Onroad Back 0.1 5.2
Totals 6.32 38.96 89.78 0.23 60.59 38.07 37.14
Needs Tier 4
Total
Metric
Tons
Scenario C Pounds per day CO2e)
ROG CO NOx Sox PM10
28.84 1.03
PM2.5
17.98 1.03
Onsite Crusher
Onsite Generator
Onsite Loader
Offsite Crusher
Offsite Generator
Offsite Loader
Onroad
3.44 0.67
18.29 4.54
54.26 6.28
0.09 0.02
28.60 0.850.34 0.21
Totals 4.11 22.83 60.54 0.11 30.21 19.22 29.45
Needs Tier 4
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RESULTS ‐ WITH EMISSION CONTROLS
Total
Metric
Tons
Scenario A Pounds per day CO2e
ROG CO NOx Sox PM10 PM2.5
Onsite Crusher
Onsite Generator
Onsite Loader
Offsite Crusher
Offsite Generator
Offsite Loader
Onroad
0.02 8.69 1.03 0.02 0.03 0.03 0.85
0.10 1.19 4.89 0.03 0.25 0.11 9.15
Totals 0.12 9.88 5.92 0.05 0.28 0.14 10
Total
Metric
Tons
Scenario B Pounds per day CO2e)
ROG CO NOx Sox PM10 PM2.5
Onsite Crusher
Onsite Generator
Onsite Loader 0.02 8.69 1.03 0.02 0.03
4.71 0.28
0.06 0.03
0.27 0.27
0.03 4.6
0.85 Offsite Crusher
Offsite Generator
Offsite Loader‐Process
Offsite Loader‐Return
Onroad Out
1.06 0.05
0.02 0.1
46.13 17.38
8.69 1.26
1.26 39.74
2.06 1.03
5.2 0.09
0.04 0.02
0.03 0.03
0.28 0.06
0.03 0.12
0.12 14.30
1.70 0.85
9.72 9.72Onroad Back 0.1 5.2
Totals 1.35 83.41 54.26 0.23 5.65 5.24 37.14
Total
Metric
Tons
Scenario C Pounds per day CO2e)
ROG CO NOx Sox PM10
2.35 0.28
0.03 PM2.5
2.3 0.28
0.03 Onsite Crusher
Onsite Generator
Onsite Loader
Offsite Crusher
Offsite Generator
Offsite Loader
Onroad
1.06 0.02
46.13 8.69
39.74 1.03
0.09 0.02
28.60 0.85
Totals 1.08 54.82 40.77 0.11 2.66 2.61 29.45
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July 18, 2023
Project
Location
San
Bernardino
County
Kern County
Los Angeles
County
Riverside
County
Orange
County
Key Map
¯0 0.75 1.5 Miles
0 0.75 1.5 Kilometers
Scale: 1:95,040
Path: \\Gissvr\gis\Projects\7226_SanBerdo_Rock_Crushing\MXDs\7226_SanBerdo_Bedrock_11X17_2023_07_18.mxd Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community; Dibblee Foundation, 2023; Sab Bernardino County, 2022; UltraSystems Environmental, Inc., 2023 San Bernardino City Boundary
Zones of Potential Bedrock
Outcrop
Legend
Disclaimer: Representations on this map or illustration are intended only to indicate locations of project parameters reported in the legend. Project parameter information supplied by others (see layer credits) may not have been independently verified for accuracy by UltraSystems Environmental, Inc. This map or illustration should not be used for, and does not replace, final grading plans or other documents that should be professionally certified for development purposes.
Zones of Potential
Bedrock Outcrop
City of San Bernardino
Independent Analysis of
Crushing Operations
P a c i f i c
O c e a n
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CHAPTER 19.31 ADMINISTRATION
TABLE 31.01
THRESHOLD OF REVIEW
Permit Type Director DRC Commission Council
Conditional Use Permit (CUP) X
Minor Use Permit X
Design Review X
Development Agreement X
Development Code Amendment (X)* X
Administrative Permit X
Development Permit X or X
Final Map X
General Plan Amendment (X)* X
Interpretations (General Plan) X
Lot Line or Boundary Adjustment X
Lot Merger X
Minor Modification X
Reversion to Acreage X
Specific Plan (X)* X
Surface Mining and (X)* X
Land Reclamation (CUP)
Temporary Use Permit. Except for X
On-site and Off-site Contractor
Construction Yards with On-Site
Material Crushing
TemQQra!:Y Use Permit for On-site X
and Off-site Contractor
Construction Yards with On-Site
Material Crushing
Tentative Parcel Map X or X
Tentative Tract Map X
Variance X
* Commission recommends to Council for final action.
CHAPTER 19.70 TEMPORARY USE PERMITS
19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR
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Discussion of Crushing and Grinding
Operations in the City, the Repeal of
Resolution 2020-265, and a Development
Code Amendment Updating Temporary
Use Permits
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Background
• Oxbow Property – Deposit of concrete debris
• Mayor and City Council Resolution 2020-265
• Restricting Crushing and Grinding Adopted October
21, 2020
• Mayor and City Council direction to Planning
Commission on September 13, 2022
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Background
• Planning Commission Meetings
• October 11, 2022
• November 8, 2022
• December 13, 2022
• January 10, 2022
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Background
• Mayor and City Council direction to Planning
Commission to render a decision
• February 1, 2023
• Planning Commission adopted Resolution No. 2023-
007 recommending status quo and deny amendments
to the Development Code
• Resolution 2020-265 remains in effect
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Crushing and Grinding
• Crushing – Large pieces of aggregate/concrete are
crushed using heavy equipment into smaller pieces
• Grinding – The smaller pieces are further ground down into smaller particles using equipment like rollers
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Crushing and
Grinding
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Laguna Mall Demolition
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When are Crushing and Grinding Operations Used
• Bedrock
• Structure Demolition
• Buildings
• Roads
• Bridges
• Disposition
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Bedrock Map
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Crushing and Grinding vs Removal
• Onsite
• Reuse
• Cost
• Environmental Impacts
• Air Quality/GHG
• Noise
• Water Quality
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Crushing and Grinding Permitting
• Varies by city/county/agency
• Grading Permit
• Building
• Environmental analysis
• SCAQMD
• Regional Water Quality Board
• CEQA Document
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Independent Analysis
• Independent Analysis – UltraSytems Environmental
• Air Quality/GHG/Noise - MD Acoustics
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Proposed Development Code Amendment
• Development Independent Analysis – UltraSytems
Environmental
• Air Quality/GHG/Noise - MD Acoustics
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Legalities of the Carousel Mall
• Demolition determination made on October 26,
2022
• Notice of Exemption filed on February 13, 2023
• Demolition underway
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Recommendation
• Discuss repeal of Resolution No. 2020-265
• Discuss Development Code Amendment to Sectio
19.70.035 (B)
• Provide additional direction to staff regarding
topics discussed.
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Discussion
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Public Hearing
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Lanier, Interim Agency Director of Community & Economic Development
Department: Community & Economic Development (CED)
Subject: Approval of the Draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) to the US
Department of Housing and Urban Development (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (FY22-23 CAPER); and
2. Authorize its submission to the United States Department of Housing and Urban Development.
Executive Summary
Each year, the City of San Bernardino is required to submit its accomplishment data for the Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Shelter Grant (ESG) programs to the Department of Housing and Urban Development (HUD) via the Consolidated Annual Performance and Evaluation Report (CAPER) report. The submission of the accomplishments must be approved by the Mayor and City Council and a public hearing conducted.
Background
Every year the City receives CDBG, HOME, and ESG program funds from HUD. The purpose of the funds is to assist the City in meeting the affordable housing and community development goals and objectives, in the City’s Five-Year Consolidated Plan, particularly for persons and families of low- to moderate-income.
In order to identify the areas of greatest need and highest priorities in the community, the
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City undertakes a planning process known as the Consolidated Plan Cycle. This process is documented by three reports:
1. One Five-Year Consolidated Plan;
2. Five annual Action Plans; and
3. Five annual CAPERs.
Consolidated Plan
The Consolidated Plan serves four primary functions:
1. It is a planning document for the community that is built upon public participation and input.
2. It serves as the application for HUD’s formula grant programs (CDBG, HOME, and ESG) which focus on providing decent housing, suitable living environments, and expanded economic opportunities for low- and moderate-income families.
3. It identifies the City’s needs in the areas of housing, homelessness, community development, and economic development, and puts forward the City’s strategies and timetables for addressing those needs; and
4. It serves as a five-year planning document for the use of HUD funds and the implementation of programs that will meet local needs. The current Five-Year Consolidated Plan covers July 1, 2020, through June 30, 2025.
Annual Action Plan
The Action Plan describes specific projects and activities the City will undertake, as well as the financial resources it will use to meet the affordable housing and community development needs for a specific fiscal year. The 2022-2023 Annual Action Plan was approved by the Mayor and City Council on July 20, 2022, and is the third of five Annual Action plans under the current Consolidated Plan.
Discussion
The City is a direct recipient of Community Planning and Development formula grants from HUD. As an entitlement city, the City is required to provide a report to HUD on its performance in meeting the housing and community development goals and objectives in its approved Five-Year Consolidated Plan. This performance report is called the CAPER.
CAPER Summary
This report is the third year CAPER under the current Consolidated Plan, which outlines the City’s actual accomplishments for the period of July 1, 2022, through June 30, 2023.
It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five-Year Consolidated Plan.
CDBG and ESG Programs
During FY 2022-23 reporting period, the City of San Bernardino received $3,598,406.00 in CDBG and ESG funds.
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The City continues to make progress toward meeting its long-term goals. The FY22-23 CAPER contains detailed descriptions of annual goals and accomplishments. (Attachment 1). City staff continues to achieve the goals and objectives of the Consolidated Plan. Staff's assessment of the FY22-23 CAPER indicates there was activity in fair housing/landlord-tenant assistance, street outreach homeless prevention, and improvement of facilities and infrastructure.
Select Goals and Accomplishments
Activity Source/Amount Unit of Measure Expected
Goal Actual Goal
Fair Housing CDBG: $73,000 Persons
Assisted 2,700 3,000
Improve Facilities
& Infrastructure
CDBG:
$897,224.75
Persons
Assisted 160,000 160,000
Emergency
Solutions Grant
(ESG)
ESG: $315,580 Persons
Assisted 612 0
***ESG accomplishments will follow at a later date.
Citizen Participation
Federal regulations require that the FY22-23 CAPER be made available to citizens for public comment and to be considered by the City Council at a public hearing. In accordance with HUD guidelines, a notice was published in El Chicano on September 14, 2023, and in the San Bernardino Sun on September 18, 2023, inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, the City’s Housing Division office, and the Feldheym Library.
2020-2025 Key Strategic Targets and Goals
The authorization for submittal of the FY22-23 CAPER to HUD meets Key Target 3:
Improved Quality of Life, specifically Goal 3a: Reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities.
Fiscal Impact
The submission of the CAPER does not have an impact to the City's General Fund. The activities described in the CAPER were funded entirely with federal funds from HUD. The submission of the CAPER is a condition for the City to continue receiving federal funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino: conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance
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and Evaluation Report (CAPER); and authorize its submission to the United States Department of Housing and Urban Development (HUD).
Attachments
Attachment 1 FY 2022-2023 Consolidated Annual Performance Evaluation Report Attachment 2 FY 2022-2023 Annual Action Plan
Attachment 3 The 5-Year Consolidated Plan
Attachment 4 Public Notice Verification- English
Attachment 5 Public Notice Verification- Spanish
Ward:
All Wards
Synopsis of Previous Council Actions:
July 20, 2022 FY 2022-2023 HUD Annual Action Plan
April 15, 2020 The 5-Year Consolidated Plan
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CAPER 1
CITY OF
SAN BERNARDINO
Consolidated Annual Performance and
Accomplishment Report
(CAPER)
Program Year 2022-2023
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CAPER 2
Consolidated Annual Performance and Accomplishment Report CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of San Bernardino (City) is a direct recipient of Community Planning and Development formula grants (e.g., Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant). As an Entitlement City, the City is required to provide a report to the United States Department of Housing and Urban Development (HUD) on its performance in meeting the housing and community development priorities listed in its approved Five-Year Consolidated Plan. This report is called the Consolidated Annual Performance Evaluation Report (CAPER) and is due to HUD 90 days from the end of each program year. This Consolidated Annual Performance and Evaluation Report (CAPER) outlines the City’s actual accomplishments for the second program year period of the City’s Five-Year Consolidated Plan, of July 1, 2022 through June 30, 2023. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five-Year Consolidated Plan FY 2020-2024.
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CAPER 3
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Table 1 below categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Expand Home
Ownership
Affordable
Housing
HOME:
$
Homeowner Housing
Added
Household
Housing Unit 50 2 4.00% 8 2 25.00%
Expand Home
Ownership
Affordable
Housing
HOME:
$
Direct Financial
Assistance to
Homebuyers
Households
Assisted 50 0 0.00%
Fair Housing
Non-Housing
Community
Development
CDBG:
$
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 5000 4911 98.22% 2700 3000 111.11%
Improve
Facilities and
Infrastructure
Non-Housing
Community
Development
CDBG:
$
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 160000 50 0.03% 1500 50 3.33%
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CAPER 4
Goal Category Source /
Amount Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
New Affordable
Rental Housing
Affordable
Housing HOME: $
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 0 0 140 0 0.00%
New Affordable
Rental Housing
Affordable
Housing HOME: $ Rental units
constructed
Household
Housing
Unit
300 0 0.00%
Planning and
Administration
Program
administration
funds
CDBG: $ /
HOME: $ /
ESG: $ /
CDBG-CV:
$ / ESG-
CV1 and
ESG-CV2:
$
Other Other 5 5 100.00% 1 0 0.00%
Preserve and
Rehabilitate
Housing
Affordable
Housing HOME: $ Rental units
rehabilitated
Household
Housing
Unit
400 0 0.00%
Preserve and
Rehabilitate
Housing
Affordable
Housing HOME: $
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
50 0 0.00%
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CAPER 5
Goal Category Source /
Amount Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Promote
Economic
Development
Economic
Development CDBG: $
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 50 10 20.00%
Promote
Economic
Development
Economic
Development CDBG: $ Jobs
created/retained Jobs 0 0 214 0 0.00%
Promote
Economic
Development
Economic
Development CDBG: $ Businesses assisted Businesses
Assisted 0 0 20 0 0.00%
Provide
Homeless and
Homeless
Prevention
Services
Homeless
ESG: $ /
ESG-CV1
and ESG-
CV2: $
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 3000 0 0.00% 612 0 0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
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CAPER 6
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
City staff continues to achieve the goals and objectives of the Consolidated Plan. The City prioritizes the use of its CDBG funding for housing and community development activities, including the preservation and conservation of affordable housing and activities that serve low- and moderate-income households. In 2022 the City:
•Assisted 1,214 low income residents with investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge through the Inland Fair Housing Mediation Board (IFHMB). IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws.
•Provided financial assistance to five (5) income-qualified, San Bernardino homeowners for repairs to their homes through the Owner-Occupied Housing Rehabilitation Program.
The City completed the construction of three (3) 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 the CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. •Worked in partnership with the Inland Empire Small Business Development Center, to promote and host small business/entrepreneur workshops to which 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed.
•Completed the following street improvements in March 2023: 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) (Ward-6).
•Initiated Citywide Pavement rehabilitation for 3 locations; 10th Street between F Street and G Street, 49th Street between Sepulveda Avenue to the end, and Rialto Avenue from Mt. Vernon and Muscott. The completion is expected in January 2024. •Funded through City ARPA funds, the Small Business & Nonprofit Grant Program provided grant funding in the first round to 105 recipients, including nonprofits & small businesses.
These funds were to be spent on working capital expenses to help recipients recover from the impacts of COVID. We will have a second round of funding with lower grant award amounts.
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CAPER 7
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a)
CDBG HOME ESG
White 735 1 102
Black or African American 359 3 20
Asian 19 0 1
American Indian or American Native 7 0 0
Native Hawaiian or Other Pacific Islander 0 0 0
Multiple Races - - 3
Client Doesn’t Know/Client Refused - - 4
Total 1214 4 130
Hispanic 608 0 69
Not Hispanic 633 0 60
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The demographics of CDBG/HOME/ESG beneficiaries exhibited more diversity than the City’s population as a whole. About 60% of the beneficiaries were White compared to 52% of the City's population that is White according to the 2022. American Community Survey.
About 30% of beneficiaries were African-American compared to 13.2% of the City's population that is African-American. The various "Other" and multi-racial categories comprised about 3% of the City population and Hispanic residents made up 50% of CDBG
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CAPER 8
beneficiaries and are 66.20% of the total population.
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made Available Amount Expended During Program Year
CDBG public - federal 3,112,512 1,779,788
HOME public - federal 1,769,520 72,458.09
ESG public - federal 315,580 43,327.17
Table 3 - Resources Made Available
Narrative
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
CityWide 100 70 Met variety of community development and housing needs LMI Areas of the City 100 30 Met variety of community development and housing needs.
Table 4 – Identify the geographic distribution and location of investments Narrative
While all funds drawn during the 2022-23 Program Year were invested within the City, a significant amount of funds were invested on:
•public facility ftreet improvements at 290 N. D St. ($743,094.61) •Section 108 Repyament Program ($772,322.50).
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CAPER 9
These two programs accounted for 83% of CDBG funds spent during the program year. 100% of the HOME funds expended on the program year were for the City’s First-Time Homebuyer program. The majority of ESG funds were spent on homeless shelters in the City ($175,028.04), which accounted for 61% of the total amount expended in the program year.
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CAPER 10
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
In FY 2022-2023, the City was 100% exempt from its HOME match liability. The City actively attends the Interagency Council on Homelessness meetings as well as the San Bernardino County Homeless Partnership Central Valley Homeless Partnership Network and applying for additional funding when available. The City leverages ESG ARPA and HOME-ARP for homeless shelter and prevention services including:
•HOME-ARP: $4,2M for the development of the Navigation Center •ARPA: $150,000 mobile shower
•ARPA: $16,500,000 - $12,500,000 for Navigation Center Development, $4,500,000 Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 0
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report
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CAPER 11
Match Contribution for the Federal Fiscal Year (Not Applicable-HUD Exception Applies) Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
Table 6 – Match Contribution for the Federal Fiscal Year Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
$203.30 $323,612.94 $31,359.94 $0 $292,253
Table 7 – Program Income
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CAPER 12
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Minority Business EnterprisesTotal
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
White Non-
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Minority Property OwnersTotal
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
White Non-
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
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CAPER 13
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Minority Property EnterprisesHouseholds
Displaced
Total
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
White Non-
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
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CAPER 14
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate- income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 50 0
Number of Non-Homeless households to be
provided affordable housing units 318 0
Number of Special-Needs households to be
provided affordable housing units 75 0
Total 443 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 75 43
Number of households supported through
The Production of New Units 79 2
Number of households supported through
Rehab of Existing Units 239 0
Number of households supported through
Acquisition of Existing Units 50 0
Total 443 45
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City of San Bernardino will continue to evaluate and assess the goals and outcomes identiifed in the 2020-2024 Five Year Consolidated Plan. For FY 2022-2023, progress toward meeting the City's third year of the five-year goals and objectives was a challenge.
The shorfall between the City's one-year goal and the actual was due to the City needing to prioritize and work with the chronically homeless through the City's street outreach program. The chronically homeless are difficult to house.
Additionally due to a change in the Housing and Homelessness Divions of the City’s Economic Development Department, not all metrics were successfully captured.
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CAPER 15
Discuss how these outcomes will impact future annual action plans.
The City will continue to assess its progress in meeting its Consolidated Plan goals and objectives and make adjustments as necessary.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 665 0
Low-income 374 0
Moderate-income 153 0
Total 1192 0
Table 13 – Number of Households Served
Narrative Information
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CAPER 16
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.
The City hired a full-time Homeless Services Coordinator who coordinated services in the community. The Coordinator builds relationships with the homeless service providers in the city.
We are now able to guide the homeless and refer over those who are experiencing homelessness.
We were able to send over homeless verification, and they rapidly secured her a shelter family unit for us. Whereas in the past the person is directed to 211 and they get to them when they can which takes months and that’s not if they fall through the cracks and can't be located. Our street outreach team responds rapidly and is dedicated to our city limits only. Before, we had to use county teams and non-profits that serve the whole county and at capacity with clients. We now have plans that have been approved by the council to build a city shelter exclusively for the chronically homeless, the street outreach team is meeting in the parks and streets. Non- congregate style and dog friendly.
The City's Homeless Street Outreach Team continues to provide daily mobile outreach to the most service-resistant homeless population in San Bernardino. San Bernardino County Point-In- Time Count (PIT) data have indicated a need to support programs that serve people experiencing homelessness. The 2022 PITs count for the City is 1,350 which accounts for 40.5% of San Bernardino County’s total count.
Addressing the emergency shelter and transitional housing needs of homeless persons The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing and or to locate permanent housing.
The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter. The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. The City will also be working with the Salvation Army to provide emergency shelter for 100 persons,
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CAPER 17
focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of San Bernardino continues to fund various non-profit organizations that address the needs of low income residents that are at risk of becoming homeless. The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness.
Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health.
The City is beginning Phase 1 of its Homeless Outreach Prevention Education Campus (HOPE Campus) to provide Emergency Shelter. This temporary emergency shelter will provide emergency shelter for the City’s homeless while construction of the campus is underway. HOPE Campus will feature non-congregate shelter units, laundry facilities, kitchen facilities, secure storage for personal items, and supportive services. The project is the recipient of HOME ARP funds.
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CAPER 18
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
As noted above, the City provides ESG funds to two shelters:
•Lutheran Social Services Southern California (LSSSC) providing emergency shelter for men. •Salvation Army to provide emergency shelter focusing on women and women with children at their San Bernardino Hospitality House.
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CAPER 19
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent-restricted housing for approximately 2,205 very low-income households.
The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB).
HACSB administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the entire monthly rental payment.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City does not own any public housing units, and therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. The City collaborates with the HACSB to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. In FY 21-22, 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.
As for homeownership opportunities, in 2022 the City implemented an Infill Housing Program that uses HOME funds to construct housing units on City-owned or Redevelopment Agency owned parcels which are sold to low-income qualified homebuyers. The City helped 2 familys become first time homebuyers.
The City also has initiated a Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them, and sell them to income-qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. The City also works with Inland Fair Housing and Mediation Board and Neighborhood Partnerships Housing Services, Inc. to provide First Time Homebuyer workshops to educate potential borrowers in the complete process of purchasing a home. These agencies also provide other services such as Default/Foreclosure Prevention and Reverse Mortgage counseling services; and financial education workshops that help homeowners preserve their housing.
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CAPER 20
Actions taken to provide assistance to troubled PHAs
The Housing Authority of the County of San Bernardino (HACSB) accepts applications for Section 8 Project- Based housing for families and senior households. Each year HUD reviews and scores the housing authority’s Section 8 program management based on 14 different criteria. This score is a reflection of how well the Housing Authority manages the Section 8 waiting list, the physical quality of housing assisted with Section 8 and the financial management of the program. As a “Moving to Work Demonstration” provider, HACSB is not subject to the traditional Public Housing Authority (PHA) and Section Eight Management Assessment Program (SEMAP) scoring; however, HACSB is a “High Performer” agency per HUD standards In 2022, the latest year for which data is available, HACSB provided 10,461 housing choice vouchers throughout San Bernardino County, assisting 24,229 individuals. Of those 10,461 housing choice vouchers, 2,4320 were issued to San Bernardino City residents.
The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino.
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households.
For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households. Housing Programs - City of San Bernardino (sbcity.org)
Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.
The City has also undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing:
1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management.
The City is anticipating amending the Development Code to incentivize lot Consolidation.
2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.
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3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2.
4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing.
The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects.
5. The City will update its General Plan.
General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot consolidation and the reuse conversion of commercial space to housing.
Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City will amend the Development Code to reflect the latest amendments to State density bonus law.
Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing in order to eliminate confusion and facilitate the review and approval process for this housing type.
Streamlined Processing - The City is committed to continuing the streamlining of development activities and is applying for an SB2 planning grant that will assist with streamlining.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME, and ESG funds through the Action plan in projects that provide financing for affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements, and
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homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. To leverage additional ongoing resources for housing and homeless services, the City will utilize Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. In 2021 the City received approximately $1.6 million in PLHA funds and expects to receive approximately $7.8 million over the next four years.
The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) An estimated 17,809 housing units occupied by low- and moderate-income households in San Bernardino may contain lead-based paint; this constitutes approximately 27% of the City's housing stock. To reduce possible lead-based paint hazards, the City has taken the following actions:
•Included lead testing and abatement procedures in all rehabilitation activities, where appropriate. •Monitored the lead-poisoning data maintained by the San Bernardino County Department of Health Services.
•Educated owner occupants, participating in City funded rehab programs on the health hazards of lead-based paint through the use of brochures and encouraged screening children for elevated blood-lead levels.
•Sent housing staff to the Lead Safe Housing Rule Amendment Training. Sent subrecipient/CHDO staff to the Lead Safe Housing Rule Amendent Training.
Procedurally, the City will continue to monitor the HUD website for any revisions to the lead-paint hazards regulations and ensure that the City’s policies and procedures remain current.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) •The CoC’s coordinated entry system, 2-1-1 San Bernardino County provides persons who are at imminent risk of becoming homeless with problem-solving support to retain current housing or to locate another housing placement.
•Service providers, provide street outreach, rapid re-housing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. •The improvement of streets that align the City’s Capital Improvement Projects with the greatest impact on the neighborhoods.
•Street reconstruction improvements, sidewalk replacement, and Americans with Disabilities Act improvements.
•Further, the development of the HOPE Campus to assist homeless or at-risk for homeless
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individuals and families.
•The First Time Homebuyer program (Infill Housing), which instead of requiring that a family resell their home to another low-income household, utilizes recapture provisions to allow a family to capture the equity in their house, thus accumulating wealth which is the most effective way of reducing the number of poverty level households.
•The City funded five (5) subrecipients under the ESG grant: Community Action Partnership of San Bernardino County, which they assisted clients with Homelessness Prevention; Family Service Association of Redlands, that assisted clients with Emergency Shelter/Motel Voucher, and Homelessness Prevention; Lutheran Social Services assisted clients with Emergency Shelter; Step Up on Second assists clients with Street Outreach; and The Salvation Army Hospitality House, which they assisted women and children with Emergency Shelter.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) There are a variety of agencies, local governments, non-profit organizations, businesses and financial institutions that play a vital role in carrying out San Bernardino’s housing and community development goals and objectives. The relationships and interaction of these entities as they work toward achieving these goals and objectives is referred to as institutional structure. As the lead for the City's 2020-2024 Consolidated Plan, the City’s Community and Economic Development Department analyzes its performance in addressing the community’s housing and community development needs and develops strategies to improve its institutional structure.
The City has revised its policies and procedures for CDBG, OORP, and ESG. The City has an organizational chart for its Community and Economic Development Department and Housing Division functions. If and when the opportunity arises, City staff will attend trainings such as HEROS, HOME, IDIS, CDBG, and Lead Based Paint. In conjunction with other City departments, such as Public Works, Parks, Recreation and Community Services, staff will continue to identify the community's greatest needs and allocate resources accordingly. Staff will continue to work with for-profit and non-profit developers and lenders to facilitate the improvement, preservation, and/or creation of affordable housing opportunities for low and moderate income households within the City.
Furthermore the City of San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health
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has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
During PY 2022-2023, the City made the following progress toward improving communication and coordination between itself, nonprofit service organizations, and residents:
•The City has developed a two year affordable housing pipeline to identify projects and capital needs.
•Consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents.
•Workforce Development, to provide job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. The City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Each year the City pledges to affirmatively further fair housing and take appropriate actions to overcome the effects of the impediments to fair housing that are identified in the City’s five-year planning document called the Analysis of Impediments (A.I.) to Fair Housing Choice (A.I.). HUD guidance indicates that the City must report on the actions taken during the fiscal year to overcome the effects of private sector.
Accomplishments were made during PY 2022-2023 in the City of San Bernardino's A.I.
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements As the lead for the City's Consolidated Plan, the Community and Economic Development Department is continually improving its standards and procedures to monitor the performance and effectiveness of housing and community development activities. The Community and Economic Development Department is responsible to monitor all housing projects and federal compliance of housing and non-housing projects funded with CDBG, HOME, and ESG. It undertakes two types of monitoring: program monitoring (which includes the Minority Business Outreach efforts) and Consolidated Plan monitoring. Both types of monitoring ensure the success of Consolidated Plan projects and activities.
Program Monitoring The City implements several monitoring techniques in which to assess the effectiveness of its activities. These techniques include a mandatory Subrecipient Training Workshop with its subgrantees to discuss methods for complying with federal and city requirements prior to the start of the fiscal year, and a combination of desk review and on-site monitoring techniques to ensure on-going compliance of Federally-funded activities.
Minority Business Outreach As an Entitlement recipient of CDBG, HOME and ESG funds, the City of San Bernardino is required to provide business opportunities to minority and women-owned businesses in connection with the activities funded through the CDBG, HOME, and ESG grant. To comply with these requirements, the City participated in outreach events for disadvantaged business enterprises, posted its bid documents on the City's website and other e-Procurement websites where potential bidders may obtain these request for bids through the internet. The City also encourages MBE-WBE firms to compete for CDBG, HOME and ESG construction contacts. City staff ensures the Contractor-Subcontractor Activity Report and the MBE-WBE Summary report is submitted to the HUD as required.
Consolidated Plan Monitoring Staff oversaw the planning and budgeting process to ensure that federally- funded activities were consistent with the Consolidated Plan’s identified high- and possibly medium- priority objectives and grant requirements. Staff also provided technical guidance regarding program structure, income requirements, and document compliance. For IDIS, staff gathered quarterly program statistical reports and updated all necessary fields from setup to completion of each project and activity.
Environmental reviews records were prepared for each federally-funded activity and monitoring of construction activities that triggered Davis-Bacon and Federal Labor compliance was conducted. The City will continue to monitor the progress of its PY 2022-2023 Consolidated Plan goals and objectives and make any necessary adjustments to ensure the effective use of these federal dollars.
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Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City encouraged public participation in the review and assessment of PY 2022-2023 by making the draft CAPER available for public review and comment beginning September 11, 2023 and up to and including September 26, 2023. A notice was posted within the City Hall and on the City’s website inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, and the City’s Community and Economic Development webpage. All public notices are attached. The City held a public hearing on the CAPER and the City’s performance for Program Year 2022-2023 on October 4, 2023 at 7:00 p.m. in the City of San Bernardino Council Chambers at Feldheym Public Library.
No public comments were received.
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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
As required by HUD, the City undertook one substantial amendments to the Consolidated Plan/Action Plan to receive and allocate CDBG-CV funds. No additional amendments or changes to Consolidated Plan or Action Plan were undertaken during this reporting period.
All funds were used to meet a qualified national objective. For activities that served a target clientele that was not presumed to be primarily low- and moderate-income, the City or its designated subrecipients documented household income.
The City does have an existing Section 108 guaranteed loan. In PY 2022-2023, the City expended $772,322.50 fpr Section 108 Repayments.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not Applicable.
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CR-50 - HOME 24 CFR 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
The City has 15 housing developments containing 682 HOME assisted units. Visual inspections were conducted 496 units in 9 of those developments in PY 2022-2023. Follow up inspections were conducted and or resolved by working with the property managers. The Citys Housing Compliance Specialist performs HUD monitoring and conducts annual inspection of rental units.
Annually, the City completes a monitoring and inspection schedule. A full report of PY 2022-23 is attached.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a)
According to the regulations, HOME rental projects consisting of five or more assisted units must include and adhere to affirmative marketing procedures and requirements. For each HOME project the city undertakes, that triggers this requirement, an affirmative marketing plan is developed. Each Affirmative Marketing Plan includes the following:
•List of methods to inform the public, owners and potential tenants about fair housing laws and the City’s marketing policy;
•Description of the efforts that will be made to conduct affirmative market housing units assisted with HOME funds;
•Owners and leasing agents will place advertisements to market HOME-assisted units through local sources, public agencies and social service organizations; •Description of outreach efforts to people not likely to apply for housing without special outreach. These efforts will include the distribution of marketing materials to organizations that likely have contact with these populations; •Maintenance of records to document actions taken to affirmatively market HOME- assisted units and to assess marketing effectiveness; and •Description of actions that will be taken if requirements are not met.
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The property manager or owner certifies that affirmative marketing is used by providing a signed Certification of Continuing Program Compliance form and Management Plan or Affirmative Fair Housing Marketing Plan. During the Citys annual desk review, an examination of the properties’ Affirmative Marketing plan and file documentation of affirmative marketing efforts are reviewed for HOME rental projects consisting of five or more assisted units.
The City allocates CDBG funds to promote fair housing by contracting with the Inland Fair Housing and Mediation Board to provide a variety of fair housing services. The City hosts a free quarterly workshop with Legal Aid Society of San Bernardino to educate public on tenant protection and fair housing rights.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics. Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j)
In FY 2022-2023 there were no affordable housing projects started or completed. However in 2023 Arrowhead Phase 4 affordable housing project is in its design phase. Groundbreaking is scheduled for late 2023 or early 2024.
With approximately 20.9% of the City’s families below the poverty level, the need for affordable housing continues to be a priority for the City. The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation.
To foster and maintain affordable housing in San Bernardino, the City has the following goals:
Expand homeownership opportunities; Provide access to fair housing services; and Preserve and Rehabilitate Housing.
For PY 2022-2023, actions taken by the City to foster and maintain affordable housing include:
•Collaborated with Housing Partners I and Neighborhood Partnership Housing Services (designated CHDOs) to develop single-family homes on vacant city-owned properties to be sold to income-qualified families
•Initiated the Owner Occupied Residential Rehabilitation Program that provides financial assistance to income-qualified San Bernardino homeowners to make necessary repairs to their homes.
•Implemet plans and partnershis to assist chronically homeless person(s) find housing.
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CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours 0 0 0
Total Section 3 Worker Hours 0 0 0
Total Targeted Section 3 Worker Hours 0 0 0
Table 14 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 1
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns. 1
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 1
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work X health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
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Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
Other.
Table 15 – Qualitative Efforts - Number of Activities by Program Narrative
The City made Section 3 efforts for a paving project conducted in 2022-2023 program year. Although no qualitative measures were attained. The efforts taken to comply with the statutory and regulatory requirements of Section 3 are as follows:
The project’s contractor sought out qualified DBE, MBE, WBEs, Section 3, and invited them to bid on the project, to provide quotes for the following scopes: traffic control, traffic control plan, equipment rental, trucking, surveying, signing, striping, utilities adjusting, crack sealing, tree removal, and underground drainage. Proof of outreach invitation are retained in the project files. All emails and faxes were sent and tracked through DBEGoodFaith.com’s automated solicitation and logging system.
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CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in e-snaps
For Paperwork Reduction Act
1. Recipient Information—All Recipients Complete
Basic Grant Information
Recipient Name SAN BERNARDINO
Organizational DUNS Number 073604563
UEI
EIN/TIN Number 956000772
Indentify the Field Office LOS ANGELES
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG
assistance
San Bernardino City & County CoC
ESG Contact Name
Prefix Mrs
First Name Mary
Middle Name
Last Name Lanier
Suffix
Title Interim Director of Community and Economic
Development
ESG Contact Address
Street Address 1 290 N D Street
Street Address 2
City San Bernardino
State CA
ZIP Code 92418-
Phone Number 9093845357
Extension 3329
Fax Number
Email Address [email protected]
ESG Secondary Contact
Prefix Ms
First Name Cassandra
Last Name Searcy
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Suffix
Title Deputy Director Housing & Homelessness
Phone Number 9093847270
Extension
Email Address [email protected]
2. Reporting Period—All Recipients Complete
Program Year Start Date 07/01/2021
Program Year End Date 06/30/2022
3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name
City
State
Zip Code
DUNS Number
UEI
Is subrecipient a vistim services provider
Subrecipient Organization Type
ESG Subgrant or Contract Award Amount
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CR-65 - Persons Assisted
4. Persons Served
4a. Complete for Homelessness Prevention Activities
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 16 – Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re-Housing Activities
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 17 – Household Information for Rapid Re-Housing Activities 4c. Complete for Shelter
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 18 – Shelter Information
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4d. Street Outreach
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 19 – Household Information for Street Outreach
4e. Totals for all Persons Served with ESG
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 20 – Household Information for Persons Served with ESG
5. Gender—Complete for All Activities
Total
Male 0
Female 0
Transgender 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 21 – Gender Information
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6. Age—Complete for All Activities
Total
Under 18 0
18-24 0
25 and over 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 22 – Age Information
7. Special Populations Served—Complete for All Activities Number of Persons in Households
Subpopulation Total Total
Persons
Served –
Prevention
Total
Persons
Served –
RRH
Total
Persons
Served in
Emergency
Shelters
Veterans 0 0 0 0
Victims of Domestic
Violence 0 0 0 0
Elderly 0 0 0 0
HIV/AIDS 0 0 0 0
Chronically
Homeless 0 0 0 0
Persons with Disabilities:
Severely Mentally
Ill 0 0 0 0
Chronic Substance
Abuse 0 0 0 0
Other Disability 0 0 0 0
Total
(Unduplicated if
possible) 0 0 0 0
Table 23 – Special Population Served
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CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes
10. Shelter Utilization
Number of New Units – Rehabbed
Number of New Units – Conversion
Total Number of bed - nigths available 82
Total Number of bed - nights provided
Capacity Utilization
Table 24 – Shelter Capacity
11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s)
There is no specific date down to the City level for age, gender, special populations. The following information stems from the CoC.
There were 4,195 adults and children who were counted as homeless during the 2023 Point-in-Time Count and Survey. The previous point-in-time homeless count and survey was completed in 2022 during which 3,333 persons were counted. 2023 homless count was 4,195. A comparison of last two counts reveals that:
•862 more persons were counted in 2023, which represents an increase of 25.9%; •587 more persons were counted as unsheltered in 2023 when compared to the unsheltered count in 2022, which represents an increase of 24.6%
•275 more persons were counted as sheltered in 2023 when compared to the sheltered count in 2022, which represents an increase of 29.1%.
The number of persons counted as unsheltered and sheltered in 2018 was 2,118 and 4,195 in 2023, which represents an increase of 2,077 persons or 98.1%. The City’s total sheltered homeless counted population is 276 in 2023 of which 209 are transitional housing units. Total sheltered and unsheltered homeless population in the City is 1,502 in 2023. The city is one of the largest homeless jurisdictions in the County.
From 2022 to 2023 the total number of homeless population in the city went up 11%.
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CR-75 – Expenditures
11. Expenditures
11a. ESG Expenditures for Homelessness Prevention
Dollar Amount of Expenditures in Program Year
2019 2020 2021
Expenditures for Rental Assistance 18,938 0 0
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance 0 0 0
Expenditures for Housing Relocation &
Stabilization Services - Services 0 0 0
Expenditures for Homeless Prevention under
Emergency Shelter Grants Program 0 0 0
Subtotal Homelessness Prevention 18,938 0 0
Table 25 – ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re-Housing
Dollar Amount of Expenditures in Program Year
2019 2020 2021
Expenditures for Rental Assistance 10,300 0 0
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance 0 0 0
Expenditures for Housing Relocation &
Stabilization Services - Services 0 0 0
Expenditures for Homeless Assistance under
Emergency Shelter Grants Program 0 0 0
Subtotal Rapid Re-Housing 10,300 0 0
Table 26 – ESG Expenditures for Rapid Re-Housing
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11c. ESG Expenditures for Emergency Shelter
Dollar Amount of Expenditures in Program Year
2019 2020 2021
Essential Services 54,773 0 0
Operations 0 0 0
Renovation 0 0 0
Major Rehab 0 0 0
Conversion 0 0 0
Subtotal 54,773 0 0
Table 27 – ESG Expenditures for Emergency Shelter
11d. Other Grant Expenditures
Dollar Amount of Expenditures in Program Year
2019 2020 2021
Street Outreach 38,963 0 38,693
HMIS 0 0 3,641
Administration 16,506 0 21,490
Table 28 - Other Grant Expenditures
11e. Total ESG Grant Funds
Total ESG Funds
Expended
2019 2020 2021
203,304 139,480 0 63,824
Table 29 - Total ESG Funds Expended
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11f. Match Source
2019 2020 2021
Other Non-ESG HUD Funds 0 0 0
Other Federal Funds 131,231 0 0
State Government 0 0 0
Local Government 0 0 0
Private Funds 91,504 0 0
Other 11,101 0 0
Fees 0 0 0
Program Income 0 0 0
Total Match Amount 233,836 0 0
Table 30 - Other Funds Expended on Eligible ESG Activities 11g. Total
Total Amount of Funds
Expended on ESG
Activities
2019 2020 2021
437,140 373,316 0 63,824
Table 31 - Total Amount of Funds Expended on ESG Activities
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1 FISCAL YEAR 2022-2023
ANNUAL ACTION
PLAN
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Annual Action Plan
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6 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 outcomes 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:
Homelessness and homelessness issues (i.e., supportive housing) Access to affordable housing
Street infrastructure (i.e., road maintenance and street lighting) Joblessness/job creation
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6 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 22-23 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals:
1.Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs.
2.Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services.
3.Expand Homeownership Opportunities: Fund construction of three (3) 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).
4.New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects.
5.Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 10 th between F Street and G Street (1 st Ward)- multiple APN- 30,000 SF; 49 th Street between Sepulveda Avenue and End (4 th Ward)- Multiple APN- 65,000 SF; Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN- 180,000 SF.
Summary of some of the findings used to determine priority needs 222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households.
Approximately 23.7% 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, Packet Pg. 1338
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6 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. The program serviced five owner occupied Housing Rehabilitation projects.
Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 21-22, the City completed the construction on Three (3) 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, Neighborhood housing Partnership Services, 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 21-22, 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 21-22, the City worked on the following projects which are expected to be completed by September of 2022: 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 and Mill) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6).
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.
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6 Provide rental assistance and preserve existing affordable rental housing - In FY 21-22, 105.4 units were monitored and 75.8 were physically inspected to ensure units remained affordable and habitable.
Expand the affordable housing inventory through new construction - In FY 21-22, the fourth 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.
4. Summary of Citizen Participation Process and consultation process The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings:
Virtual Community Workshop.
Stakeholder Interviews; and
Online Survey.
The Action Plan will be discussed in a publicly noticed meeting where opportunity for public comment is provided. The first public hearing for the draft FY 22-23 Annual Action Plan to City Council was held on June 15, 2022. The draft plan will be made available for public review between June 15, 2022, and July 20, 2022 on the City's website. The public review period for the Draft 2022-23 Action Plan will be published in the Sun (English), and El Chicano (Spanish).
5. Summary of public comments
The top three infrastructure needs that were identified in the Consolidated Plan 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:
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
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6 6. 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) Packet Pg. 1341
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6 PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/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 Lead Agency
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 Finance Department, Marim Fam, at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-5345 or via email at [email protected].
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6 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))
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- Packet Pg. 1344
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6 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.
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 Packet Pg. 1345
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6 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 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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6 Table 2 – Agencies, groups, organizations who participated 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
1 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.
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
2 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.
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
3 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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6 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
4 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.
Agency/Group/Organization SAN BERNARDINO
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Hazard Mitigation & Local
5 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.
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6 Identify any Agency Types not consulted and provide rationale for not consulting 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 Continuum 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)
During the preparation of the Consolidated plan, 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 participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published will notice for public hearings and 30-day public review of the FY 2022-2023 Annual Action Plan in El Chicano and the San Bernardino Sun. The report will be 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 Outreach Target of
Outreach
Summary of
Response /
attendance
Summary of
Comments
received
Summary of
comments not
accepted
and reasons
URL (If applicable)
1 Newspaper 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 responses
were received.
Because comments
were not received
there is no summary
of comments not
accepted.
http:iecn.com/newspaper
s/el-chicano/
https://www.sbsun.com
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Sort
Order
Mode of Outreach Target of
Outreach
Summary of
Response /
attendance
Summary of
Comments
received
Summary of
comments not
accepted
and reasons
URL (If applicable)
2 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broad
community
Residents of
Public and
Assisted Housing
No responses were
received.
No responses
were received.
Because comments
were not received
there is no summary
of comments not
accepted.
www.sbcity.org/housing
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Sort
Order
Mode of Outreach Target of
Outreach
Summary of
Response /
attendance
Summary of
Comments
received
Summary of
comments not
accepted
and reasons
URL (If applicable)
3 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broad
community
Residents of
Public and
Assisted Housing
members of the
public attended
the July 20, 2022
public hearing.
TBD TBD
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources.
The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly and prepare the Annual Action Plans reflective of the funding reality.
Anticipated Resources
Expected Amount Available Year 1Program Source
of Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 3,112,512 0 0 3,112,512 6,400,000
Funding for program year 2021
includes the City’s HUD allocation,
estimated program income, and prior
year resources.
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Expected Amount Available Year 1Program Source
of Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New construction
for ownership
TBRA 1,569,520 200,000 0 1,769,520 2,900,000
The City plans to invest its HOME
dollars affordable housing projects;
Infill Housing Program
(homeownership)
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Expected Amount Available Year 1Program Source
of Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight shelter
Rapid re-housing
(rental
assistance)
Rental Assistance
Services
Transitional
housing 278,068 37,512 0 315,580 560,000
ESG monies will fund subrecipients to
assist people experiencing
homelessness with Emergency Shelter
(ES), HMIS, Motel Vouchers, Rapid Re-
Housing, Rental Assistance,
Homelessness Prevention (HP) and
Financial Assistance.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including:
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Federal Resources
Section 8 Housing Choice Voucher Program
Federal Low-Income Housing Tax Credit Program
Tax Exempt Bond Financing
Community Investment Funds from Dignity Health
State Resources
Tax Exempt bonds
State Low-Income Housing Tax Credit Program
No Place Like Home
Community Reinvestments Funds
Permanent Local Housing Allocation (PLHA) from California State Department of Housing Veteran Housing and Homeless Prevention Program
Local Resources
San Bernardino County Continuum of Care
Housing Authority of San Bernardino County (HACSB)
Private Resources
Dignity Health
San Manuel Band of Mission Indians
San Bernardino Unified School District
City of San Bernardino Successor Housing Agency
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Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs.
In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2021- 2022 match reductions are not available as of date of this writing. However, in FY 2022-2023, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year.
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If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months.
Discussion
The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of single- family ownership housing.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Promote Economic
Development
2020 2025 Economic
Development
CityWide Promote Economic
Development
CDBG:
$788,803
Jobs created/retained: 214
Jobs
Businesses assisted: 20
Businesses Assisted
2 Fair Housing 2020 2025 Non-Housing
Community
Development
CityWide Fair Housing CDBG:
$73,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 2700 Persons
Assisted
3 Expand Home
Ownership
2020 2025 Affordable
Housing
CityWide
LMI Areas
of the City
Expand Home
Ownership
HOME:
$937,000
Homeowner Housing Added: 3
Household Housing Unit
4 New Affordable
Housing Projects
2020 2025 Affordable
Housing
LMI Areas
of the City
Expand Home
Ownership
Opportunities
HOME:
$675,568
Expand Homeownership
opportunities: 15 Households
Assisted
5 Improve Facilities
and Infrastructure
2020 2025 Non-Housing
Community
Development
CityWide Improve Facilities
and Infrastructure
CDBG:
$1,628,207
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 1500 Persons Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 Provide Homeless
and Homeless
Prevention Services
2020 2025 Homeless CityWide Provide Homeless
and Homeless
Prevention Services
ESG:
$315,580
Public service activities other
than Low/Moderate Income
Housing Benefit: 612 Persons
Assisted
7 Planning and
Administration
2020 2025 Program
administration
funds
CityWide Planning and
Administration
CDBG:
$622,502
HOME:
$156,952
ESG:
$20,855
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
Goal Name Promote Economic Development1
Goal
Description
Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project. The project will create 214 jobs.
Goal Name Fair Housing2
Goal
Description
Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households.
Goal Name Expand Home Ownership3
Goal
Description
Infill Housing Project to create a total of six (6) new houses throughout San Bernardino and will also include down payment assistance for first-time homebuyers between 70%-80% AMI.
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Goal Name New Affordable Rental Housing4
Goal
Description
Create new affordable rental units
Goal Name Improve Facilities and Infrastructure5
Goal
Description
The City has proposed to fund Citywide Pavement
Rehabilitation at these locations:
10th Street between F street and G street - Ward 1
49th Street between Sepulveda Avenue and End. - Ward 4
Rialto Avenue from Mt. Vernon and Muscott - Ward 3
Goal Name Provide Homeless and Homeless Prevention Services6 Goal
Description
Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted.
Goal Name Planning and Administration7
Goal
Description
The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.
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Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2022-2023 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration.
Projects
# Project Name
1 Section 108 Repayment Program - Promote Economic Development 2 Street Improvements
3 Fair Housing
4 Infill Housing Project
5 New Affordable Housing Projects
6 Arrowhead Grove - Phase 4
7 Homeless Services
8 Planning and Administration, CDBG, HOME, ESG
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness.
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AP-38 Project Summary
Project Summary Information
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Project Name Section 108 Debt Repayment Program - Promote Economic Development Target Area LMI Areas of the City
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $788,803
Description Section 108 Loan Repayment Program in order to pursue physical and economic revitalization that will provide jobs.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
214 individuals will benefit from this proposed activity.
Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. 1 Planned Activities The City has moved forward with the sale of the property and using Section 108 loan for the repayment of the Arden Guthrie Project.
Project Name Street Improvements
Target Area LMI Areas of the City
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $1,628,207
Description Three (3) streets have been identified for sidewalk replacement and ADA accessibility improvements.
Target Date 6/30/2023
2 Estimate the number
and type of families
that will benefit from
the proposed activities
Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets.
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Location Description The City has proposed to fund Citywide Pavement Rehabilitation.
1. 10 th between F Street and G Street (1 st Ward)- multiple APN- 30,000 SF
2. 49 th Street between Sepulveda Avenue and End (4 th Ward)- Multiple APN- 65,000 SF
3. Rialto Avenue from Mt. Vernon and Muscott to Bridget (3 rd Ward) Multiple APN-180,000 SF
Planned Activities Street improvements and ADA compliance.
Project Name Fair Housing
Target Area CityWide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $73,000
Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants.
Location Description Citywide
3 Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws.
Project Name Infill Housing Project
Target Area CityWide
Goals Supported Expand Home Ownership
4 Needs Addressed Expand Home Ownership
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Funding HOME: $937,000
NPHS: $455,000
MECH: $182,000 ($105,000 new request + $77,000 from HOME reprogramed funds)
Down payment assistance: $300,000
Description Infill Housing Project construction of new houses by two developers – Mary Erickson Community Housing (MECH) and Neighborhood Partnership Housing Services (NPHS).
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
The program will create 6 new houses. Additionally, three homebuyers with AMI’s between 70%-80% will receive down payment assistance up to $100,000 each to purchase one of three infill homes.
Location Description Citywide
Planned Activities Construction
Project Name Planning and Administration, CDBG, HOME, ESG Target Area CityWide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG:$622,502
HOME: $156,952
ESG: $20,855
Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.
5 Target Date 6/30/2023
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Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description Citywide
Planned Activities Grant and Project Management
Project Name Affordable Housing Projects
Target Area CityWide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $675,568
Description Construction of Single-Family homes and loans for rehabilitation of single family homes. Applicant incomes are to be at or below 80% of Area Median Income.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
At or below 80% of Area Median Income.
Location Description Location has not been determined. However, the project will take place within the City of San Bernardino. Once the location has been selected and approved, staff will notify HUD.
6 Planned Activities Construction of Permanent Supportive Housing (PSH) project for very low to low income residents
Project Name Homeless Services - Provide Supportive Services and ESG Administration Target Area Citywide
Goals Supported Provide Supportive Services
Needs Addressed Homeless
Funding ESG: $294,725
Description Assist homeless and special needs populations with supportive services.
Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs.
7 Target Date 6/30/2023
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Estimate the number
and type of families
that will benefit from
the proposed activities
Approximately 300 persons at very low income to zero income will benefit from the proposed activities.
Location Description Citywide
Planned Activities Homeless supportive services
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2022-2023 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City.
CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income.
The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin, 14.4 percent is Non-Hispanic, White, 13.2 percent is Black, and 4.1 percent is Asian, and 8.1 percent is comprised of two or more races.
See attached maps in the Action Plan document as a reference to the geographic distribution.
Geographic Distribution
Target Area Percentage of Funds
CityWide 100
CDBG Eligible Census Tract and Block Group 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The funding available under the 2022-2023 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2022-2023 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services.
Discussion
As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual Packet Pg. 1371
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basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including preservation and conservation of affordable housing and activities that serve low- and moderate-income households.
Public improvements and public facilities are qualified as benefitting low- and moderate-income persons.
Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services.
The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals:
1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities Preserve and Rehabilitate Housing
Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value (Data Source: 2011-2015 ACS).
Expand Home Ownership Opportunities
There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).
Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase.
Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent).
Many of San Bernardino’s extremely low-income households (42 percent) are small families (four persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units.
The City’s housing market has increased over the past few years. In 2015, the median income in the City Packet Pg. 1373
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was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. In 2020, the median income in the City was $49,287, a 18 percent increase, with an MHV of $272,600, which would make most homeowners cost burdened.
Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059 in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month.
One Year Goals for the Number of Households to be Supported Homeless 600
Non-Homeless 349
Special-Needs 0
Total 949
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600
The Production of New Units 349
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 949
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Introduction continued:
Provide Assistance to Renter Households
The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing.
Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in Packet Pg. 1374
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order to extend the terms of affordability.
The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower- income households.
Discussion:
The table “One Year Goals for the Number of Households to be Supported” consists of 349 non-homeless households to be supported. New Infill Housing construction of three (3) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)).
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AP-60 Public Housing – 91.220(h)
Introduction
Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals.
The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB).
This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD).
In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents.
The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino.
Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following:
Monitor At-Risk Units
The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units.
Support and Assist Local Non-Profit Organizations
In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership. However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing.
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As for homeownership opportunities, the City has initiated an 750 Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have.
Discussion
There is no discussion relative to the designation of the county PHA.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered.
To address this issue, the City will allocate approximately $294,725 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement.
The City is continuing its contract in FY 2022-2023 with Step Up On Second, with the goal of reaching 150 homeless persons through street outreach, providing social service referrals to those persons and facilitating the placement of 13 homeless persons into permanent housing.
Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter.
The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing.
The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with Packet Pg. 1378
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six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers.
The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance.
The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness.
Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health.
San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, Packet Pg. 1379
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foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following:
Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects.
Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing.
Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City.
Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences.
Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single- family homes and poorly maintained multifamily complexes.
State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the Packet Pg. 1381
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overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing:
1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on- site management. The City is anticipating amending the Development Code to incentivize lot Consolidation.
2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.
3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2.
4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects.
5. The City will update its General Plan.
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Discussion:
To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households.
For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households.
Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.
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AP-85 Other Actions – 91.220(k)
Introduction:
Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2022-2023 One-Year Action Plan, are as follows:
High Priority
Preserve and Rehabilitate Housing
Expand Homeownership Opportunities
Provide Homeless and Homeless Prevention Services
Low Priority
New Affordable Rental Housing
Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs
Eliminate identified impediments to fair housing through education, enforcement, and testing Planning and Administration – CDBG, HOME, ESG
New Affordable Housing Construction or Rehabilitation
Expand Homeownership opportunities – Infill Housing
First-Time Homeownership – CHDO 15% set-aside
Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds.
The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households.
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The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner- Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation.
Actions planned to reduce lead-based paint hazards
To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35.
Actions planned to reduce the number of poverty-level families For FY 2022-2023, the City will support:
An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.
The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods. The efforts of HACSB, who provides rental assistance and conventional housing to low-income households.
The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement.
Actions planned to develop institutional structure
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to Packet Pg. 1385
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coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing.
Actions planned to enhance coordination between public and private housing and social service agencies
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development.
Discussion:
The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as Packet Pg. 1387
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follows:
The City does not anticipate using other forms of investment beyond those identified in Section
92.205.
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2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
(a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent:
(2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount.
(c) In no event shall City’s recovery exceed the amount of the Net Proceeds.
The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.
In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
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3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. 24 CFR 92.254(a)(4) are as follows:
Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows:
Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.
In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs.
The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released.
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Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
1.Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26).
2.If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.
The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers.
211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org.
Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness.
3.Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).
The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness.
The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their Packet Pg. 1391
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contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered.
Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval.
4.If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.
The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City.
The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations.
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As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6.
To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG.
5.Describe performance standards for evaluating ESG.
ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities.
ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance.
Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.
All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained Packet Pg. 1393
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mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons.
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Attachments
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EXHIBIT B
FISCAL YEAR 2022-2023 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS Activity
CDBG Requested ESG HOME
Grant Fund Allocation $ 3,112,512 $ 278,068 $ 1,569,520 Reprogrammed Fund $ - $ 37,512 $ 200,000
Total - 2022 Available Grant Fund $ 3,112,512 $ 315,580 $ 1,769,520 Administration (maximum available) $ 622,502 $ 20,855 $ 156,952 Section 108 Repayment $ 788,803
Fair Housing (IFHMB)1 $ 73,000
CDBG Program Total $ 1,484,305
Public Facilities Projects
Street Improvements2 $ 1,628,207
Public Facilities Projects Total $ 1,628,207 $ - $ -
Housing Programs/Projects
Infill Housing $ 937,000
Affordable Housing Projects $ 675,568
Housing Programs/Projects Total $ - $ - $ 1,612,568
Homeless Assistance
Lutheran Social Services (LSS) $ 70,000
Step Up on Second $ 87,624 $ -
Salvation Army - Hospitality House $ 100,000
Community Action Partnership $ 25,000
Homeless Assistance Program $ 12,101
Homeless Assistance Total
Total Requested $ 3,112,512 $ 315,580 $ 1,769,520
1Required for all jurisdictions receiving CDBG funds.
2Below are the streets to be improved:
10th Street between F street and G street - Ward 1
49th Street between Sepulveda Avenue and End. - Ward 4
Rialto Avenue from Mt. Vernon and Muscott - Ward 3
Draft as of 6/21/22
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Executive Summary
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of San Bernardino (City) is an entitlement City that receives federal funding from the US Department of Housing and Urban and Development (HUD). The City receives funds through the Community Development Block Grant (CDBG) program, HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grant (ESG).
The CDBG entitlement program provides formula funding to cities and counties to address community development needs. Seventy percent of gross funding must be used to serve low- to moderate-income households. Eligible activities must meet one of the following national objectives for the program:
• Benefit low- and moderate-income persons
• Prevent or eliminate slums or blight
• Address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available
The HOME entitlement program provides formula grant funding for a wide range of activities including building, purchasing, and/or rehabilitating affordable housing for rent or homeownership and providing direct rental assistance to low-income households. The program’s flexibility allows states and local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancements, or rental assistance or security deposits.
The ESG program provides formula grant funding to cities and counties to engage homeless individuals and families living on the street, rapidly re-house homeless individuals and families, help operate and provide essential services in emergency shelters for homeless individuals and families, and prevent individuals and families from becoming homeless.
The Consolidated Plan (ConPlan) is a five-year planning document. This plan covers the period from fiscal year 2020-21 through fiscal year 2024-25. The purpose of the ConPlan is to guide a jurisdiction to:
• Assess their affordable housing and community development needs and market conditions; • Make data-driven, place-based investment decisions; and • Conduct community-wide discussions to identify housing and community development priorities that align and focus on eligible activities for CDBG funding.
Recipients of CDBG and HOME funding must also prepare and submit to HUD an Annual Action Plan (AAP) that describes in detail, each year, how the ConPlan will be carried out. The AAP must 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 ConPlan. Additionally, at the end of each fiscal year, jurisdictions must complete and submit to HUD a Consolidated Annual Performance and Evaluation Report (CAPER) to report on the accomplishments and progress toward the
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ConPlan’s goals.
The City anticipates approximately $15,000,000 in CDBG funds, $6,000,000 in HOME funds, and $1,400,000 in ESG funds during the 2020-2025 ConPlan period.
2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview
The objective of the Needs Assessment is to gather information from the community and all partners, as well as demographic and economic data regarding the City’s homeless population, need for affordable housing, special needs population, and community development needs. This information is used to make data-driven decisions to establish priority community needs and strategies based on current conditions, expected funds, and local capacity. Through data collection, outreach, and analysis presented in this plan, a clear outline of the City’s priority needs is formed, along with the projects and facilities that are most likely to aid in the City’s development.
A summary of needs identified in the City of San Bernardino include:
•Rehabilitation of single-family owner-occupied housing and rental units •Housing for households below 80% area median income
•Expanding homeownership
•Homeless services and homeless prevention services
•Economic development
•Improvement of facilities and infrastructure
•Fair housing services
See Needs Assessment (NA) section beginning on page 26 for additional discussion on these identified needs.
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Strategic Plan Summary
3. Evaluation of past performance
The City’s CDBG, HOME, and ESG funds successfully contributed to several projects over the last five years. Those projects have contributed to improved housing affordability and expanded economic opportunities for low- and moderate-income households.
Affordable Housing. HOME funds were used to construct new homeowner housing and CDBG funds were used to rehabilitate existing housing. For example, in FY 2018-2019, three new homeowner units were added, and seven homeowner houses were rehabilitated. Additionally, in FY 2019-2020, the City anticipates adding eight new single-family ownership units for households earning between 50 and 80 percent AMI.
Fair Housing. CDBG funds were used to contract with the Inland Fair Housing Mediation Board to provide fair housing services, including landlord/tenant mediation, housing counseling, alternative dispute resolution, and senior services to San Bernardino residents. For example, in FY 2018-2019, approximately 2,700 residents were served. For FY 2019-2020, the City anticipates serving approximately 3,300 residents.
Homelessness. ESG funds were used to connect homeless individuals to services, such as street outreach, rapid rehousing, emergency shelter, and homeless prevention services. As of FY 2018-19, 566 people were served through these programs. Additionally, in FY 2018-2019, the City assisted in the acquisition and rehabilitation of a 38-unit apartment complex to assist homeless households into
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permanent supportive housing. In FY 2019-2020, the City anticipates serving 350 persons experiencing homelessness.
4. Summary of citizen participation process and consultation process Robust community engagement was achieved through engaging a diverse group of stakeholders to identify priorities, concerns, and values. The feedback provided through the community engagement process supported the development of this ConPlan, including the development of housing and community development needs, priorities, goals, and strategies for funding allocation.
For the purposes of this plan, the community outreach included residents, business owners, and interest groups. Targeted outreach was provided to youth, elderly, racial and ethnic minorities, renters and property owners, and business owners across the City. Leveraging existing stakeholder contacts, recognizing underrepresented stakeholders, and identifying new stakeholders was integral to the process of reaching the greater San Bernardino community and ensuring a broad depth of participation.
The City announced the various community engagement opportunities through its social media, newspaper noticing, and email blasts.
Members of the public had the following opportunities for participation and comment, all of which were offered throughout San Bernardino during the ConPlan process:
•Public Meetings: Walk-in meetings were held across the City so that members of the public could describe what needs and concerns they see in their community. •Housing Summit: A housing summit was held for community leaders, agency representatives, service providers, planning professionals, developers, and business owners to learn and exchange information about the current state of housing and development in the City. •Stakeholder Interviews: Various local organizations were interviewed to receive feedback on the most pressing priorities and needs of target populations. •Pop-Up Events: Structured for short interactions, the pop-up took the form of a booth set up at an event to allow access to a specific stakeholder group. Feedback provided at pop-up events was collected through interactive exercises (dot votes, etc.) or verbal responses to big picture questions.
•Online Feedback Collection (Survey): To broadly access and efficiently obtain information from a large number of geographically distributed citizens, an online survey was prepared. The survey provided an opportunity to leave additional, relevant comments. The survey was announced through City media outlets and disseminated through key community liaisons or stakeholders with access to resident and community groups, business owners, and interest groups.
A detailed summary of community engagement, including participation, methods, and feedback, can be found in Sections PR-10 (Consultations) and PR-15 (Citizen Participation) of this ConPlan.
5. Summary of public comments
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The regional meetings yielded numerous public comments that identified priorities for residents of the City. High priorities identified during the meetings included:
•Affordable housing
•Housing and mental health programs for people with disabilities •Veterans homelessness assistance
•Street outreach to homeless individuals
•Jobs
•Neighborhood revitalization
•Pedestrian and traffic improvements
Stakeholders provided feedback on the priority needs of the City. Priority needs related to housing, services, and public facilities were summarized into several overarching themes including to:
•Increase affordable housing;
•Increase housing opportunities and services for homeless individuals, including homeless prevention;
•Provide respite care for homeless individuals discharged from hospitals; and •Enable emergency/natural disaster resiliency for homeless individuals and low-income families.
Community members provided feedback via the community needs survey. The highest areas of need included:
•Infrastructure
•Homeless services
•Economic development (jobs/businesses)
6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments that were not accepted. The City attempted to incorporate all feedback received through outreach efforts into the plan.
7. Summary
This 2020-2025 ConPlan combines resident feedback, demographic data and analysis, community stakeholder input, and consideration of City resources, goals, other relevant plans, and policies. The results of this combined effort and analysis is the City’s five-year Strategic Plan for the allocation of CDBG, HOME, and ESG funds and activities. These funds will focus on preserving affordable housing, improving community facilities and infrastructure, providing public services to homeless individuals, and improving neighborhood conditions.
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The Process
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities 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
The City of San Bernardino (City) is the lead and responsible agency for the US Department of Housing and Urban Development’s (HUD) entitlement programs in San Bernardino. The City’s Housing Division is responsible for administering the City’s HUD entitlement grants, including CDBG, HOME, and ESG.
Entitlement jurisdictions receive entitlement funding (i.e., non-competitive, formula funds) from HUD.
By federal law, the City is required to submit a five-year ConPlan and Annual Action Plan to HUD listing priorities and strategies for the use of its federal funds. The ConPlan helps local jurisdictions to assess their affordable housing and community development needs and market conditions to meet the housing and community development needs of its populations.
Consolidated Plan Public Contact Information
Gretel K. Noble
Housing Division Manager
Community & Economic
Development Department
201 North E Street
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3rd Floor
San Bernardino, CA 92401
Tel: (909) 384-7270
Email: [email protected]
Website: www.ci.san-bernardino.ca.us
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PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and
91.315(I)
1. Introduction
The consultation section of the ConPlan provides detailed information about the agencies, offices, staff and interested parties that were interviewed or consulted during the engagement process. 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(I)).
The City of San Bernardino created a comprehensive community engagement program. Community engagement is key for helping the City to identify needs, priorities, goals, strategies, and activities for future housing and community development activities over the five-year Consolidated Plan period.
Engagement activities included a community survey, community meetings, pop-up events, a housing summit, and stakeholder consultations.
As a part of the stakeholder consultation process, the City consulted with a variety of stakeholders, including local and regional community-based organizations, health and mental and behavioral health care providers, and housing service organizations.
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 Homelessness. During the development of its ConPlan and Annual Plans and as a general practice, the City coordinated with a variety of housing/shelter organizations, public and mental health agencies, and service providers to discuss community needs. Examples of those consulted include Salvation Army â¿¿ Hospitality House, Dignity Health, Inland Valley Recovery Services, and Community Action Partnership of San Bernardino County; for a complete list see Table 2 below. Their collective feedback was especially valuable in gathering information and shaping priorities for this plan as it relates to special needs populations, general health, and mental health services in the City. Through this process, the City interviewed the Continuum of Care (CoC) to ascertain the needs of homeless individuals throughout the City as well as the organizational needs and challenges of the CoC itself. The CoCâ¿¿s feedback will be used to shape the goals identified in this ConPlan, which will then address the needs of homeless individuals in the City.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS
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The San Bernardino County Homeless Partnership (SBCHP) is the administrator of the regional CoC, which serves the entire County. The City continuously coordinates with the CoC to end and prevent homelessness in the County. The CoC is a group composed of stakeholders throughout the County, including governmental agencies, homeless service and shelter providers, homeless persons, housing advocates, affordable housing developers, and various private parties, including businesses and foundations.
The SBCHP is a collaboration among community and faith-based organizations, educational institutions, nonprofit organizations, private industry, and federal, state, and local governments. The partnership focuses on addressing issues of homelessness within the County.
The SBCHP was developed to direct the planning, development, and implementation of the Countyâ¿¿s 10-year Strategy to end chronic homelessness. The partnership leads the creation of a comprehensive network to deliver much-needed services to the homeless and to families and individuals at risk of homelessness through careful planning and coordination among all entities that provide services and resources to prevent homelessness. The Cityâ¿¿s ConPlan is aligned with the SBCHPâ¿¿s 10-year Strategy to end chronic homelessness.
According to the Cityâ¿¿s ESG Policies and Procedures, consultation takes place with participation of City officials, staff serving on the CoC Governance Board, and the Advisory Committee of the CoC Board.
In these roles, the City participates in setting local priorities, certifying need, and the annual review of ESG programs. The Community and Economic Development Department serves as the administrative entity for the ESG and compiles program documentation which includes information about the responsibilities of the CoC and ESG programs, HUD regulations, and policy statements such as coordinated entry system, prioritization and Homeless Management Information System (HMIS) participation. Compiled data is used to report on project outcomes to HUD through the ESG CAPER.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Market Analysis
1 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) attended at least one
community meeting and provided input to help
prioritize the community needs in the City.
Agency/Group/Organization National CORE - Hope Through Housing Foundation
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
2 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) attended at least one
community forum and provided input to help
prioritize the community needs of the City.
Agency/Group/Organization NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC.
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
3 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) attended at least one
community forum and provided input to help
prioritize the community needs of the City.
Agency/Group/Organization Omnitrans4
Agency/Group/Organization Type Transit
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What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization County of San Bernardino Homeless Partnership Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
5 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization San Bernardino County Department of Behavioral Health
Agency/Group/Organization Type Services-Health
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
6 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Project Fighting Chance
Agency/Group/Organization Type Services-Children
7 What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
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How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization INLAND FAIR HOUSING AND MEDIATION BOARD Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
8 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization SALVATION ARMY
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
9 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Center for Employment Opportunities Agency/Group/Organization Type Services-Employment
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
10 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Inland Valley Recovery Services, Inc.11 Agency/Group/Organization Type Services-Health
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What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization FOUNDATION FOR CSU SAN BERNARDINO Agency/Group/Organization Type Services-Health
Civic Leaders
What section of the Plan was addressed by
Consultation?
Market Analysis
12 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Inland Congregations United for Change Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
13 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization COMMUNITY ACTION PARTNERSHIP OF SAN
BERNARDINO COUNTY
Agency/Group/Organization Type Services-Children
Services-homeless
Services-Health
Services-Employment
14 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
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How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Habitat for Humanity San Bernardino Area Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
15 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization San Bernardino City Council
Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
16 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Wells Fargo
Agency/Group/Organization Type Services - Housing
Business and Civic Leaders
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
17 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Community Education Partnership Agency/Group/Organization Type Services-Education
18 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
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How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Housing Authority of the County of San Bernardino
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
19 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization CATHOLIC CHARITIES SAN
BERNARDINO/RIVERSIDE
Agency/Group/Organization Type Services-Elderly Persons Services-homeless
Services-Health
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
20 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization HOPE THROUGH HOUSING FOUNDATION Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
21 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
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Agency/Group/Organization LOCAL INITIATIVES SUPPORT CORPORATION Agency/Group/Organization Type Housing
Services-Health
Services-Education
Services-Employment
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
22 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Step Up on Second
Agency/Group/Organization Type Services-homeless
Services-Employment
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
23 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization MARY'S MERCY CENTER
Agency/Group/Organization Type Services-homeless
Services-Health
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
24 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Alvord Unified School District Agency/Group/Organization Type Services-Health
Other government - State
25 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
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How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Blair Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
26 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization El Sol Neighborhood Educational Center Agency/Group/Organization Type Services-Children
Services-Health
Services-Education
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
27 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization San Bernardino Staff
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
28 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization NEIGHBORHOOD HOUSING SERVICES OF THE
INLAND EMPIRE
Agency/Group/Organization Type Housing
29 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
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How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Housing Authority County of San Bernardino Agency/Group/Organization Type Housing
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
30 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization San Bernardino Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
31 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Terrace West Housing
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
32 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Valon Consulting
Agency/Group/Organization Type Business Leaders
33 What section of the Plan was addressed by
Consultation?
Economic Development
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How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Wildwood Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
34 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization TMobile
Agency/Group/Organization Type Services - Broadband Internet Service Providers What section of the Plan was addressed by
Consultation?
Local mobile service provider
35 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
T-Mobile and AT&T were invited to attend the
City's Housing Summit held in February, 2020.
They participated in housing discussions and
solutions at the Summit.
Agency/Group/Organization San Bernardino Valley Municipal Water District Agency/Group/Organization Type Regional organization
What section of the Plan was addressed by
Consultation?
Resiliency and water resources
36 How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
As part of the consultation process SBVMWD
was consulted to discuss water resources for
existing and proposed future development as
well as on-going issues related to water.
Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement.
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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
Continuum of
Care
Potential funding allocations to address homeless needs will complement the CoC strategy.
10 Year Strategy
to End
Homelessness
Continuum of
Care
Potential funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. 2015-2023
Housing Element
City of San
Bernardino
Barriers to and opportunities for affordable housing development analyzed in this plan were considered in the Market Assessment.
The Housing element also provided resiliency data related to housing problems caused by flood prone areas and general water supply needs for all residents.
General Plan City of San
Bernardino
The General Plan was reviewed particularly the Natural
Resources, Energy and Water Conservation, and Utilities chapters. The City enforces the Unreinforced Masonry Law, 1998 related to seismic changes and earthquakes. The City enforces FEMA floodplain requirements particularly for the southeastern portions of the City which is prone to flooding.
Table 3 – Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l))
The collaborative implementation of this ConPlan over the course of the next five years begins with the coordinated efforts of multiple public agencies working together to gather feedback and information for regional and local community needs and priorities. Once needs and priorities are identified, they are then incorporated into the City’s ConPlan, forming both regional and local strategies for addressing those needs and priorities.
Furthermore, community outreach to local leaders, stakeholders, and residents is a critical first step in implementing this plan’s desired community changes. By successfully establishing relationships and trust between the government, those providing services or community improvements, and the beneficiaries of these services or improvements, the City and community can move toward a joint vision for what and how to make community improvements. The agencies, groups, and organizations who participated are listed in the table above. Other local/regional/federal planning efforts can be found above.
Narrative (optional):
City staff, with assistance from consultants, worked to involve housing, social service, and other agencies in the community engagement process including direct solicitation for these agencies to
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participate in the community survey, community meetings, and stakeholder interviews. The City will continue to include them in future planning efforts. Agencies who were invited but did not participate are listed here: California Endowment; Cathedral of Praise International Ministries; Center for Individual Development; Central City Lutheran Mission; Clay Counseling Foundation; Community Investment Corporation; Diocese of San Bernardino; Enterprise Community Partners, Inc., Family Service Association of Redlands; Foothill AIDS Project, Grid Alternatives; Home of Neighborly Service; HomeAid Inland Empire; Inland Empire Health Plan; Inland Regional Center; Kaiser Permanente; Legal Aid of San Bernardino; LJR Intellect Academy; Lutheran Social Services of Southern California; Mental Health Systems; Mercy House Living Centers; Molina Healthcare; Mosiac Community Planning, LLC; New Generation for Jesus Christ; Option House; Project Life Impact; Provisional Euducational Services; Restoration House of Refuse, Inc.; San Bernardino Clergy Association; San Bernardino Community College District; San Bernardino County HOPE Team; San Bernardino Public Library; San Bernardino Sexual Assault Services; San Bernardino Unified School District; San Bernardino Valley College; Smooth Transition; Temple Missionary Baptist Church; Time for Change; Ureach-Loma Linda; US Vets; Youth Action Project.
Stakeholders were asked questions and provided feedback on priorities, issues, and solutions in relation to CDBG- and HOME-eligible activities including housing, neighborhood revitalization, and low- to moderate-income household issues. They were asked about their top priorities, neighborhood revitalization, housing problems and their solutions, local organization support, families vulnerable to crisis, broadband internet issues, and how the jurisdiction should spend CDBG and HOME funding.
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PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Outreach is essential to the City’s ability to create an accurate and effective plan, and to allocate resources appropriately. The City attempted to reach as many residents as possible within specific demographics, such as low-income families, persons with disabilities, elderly persons, female- headed households, and parents/guardians of children. Receiving feedback from residents, especially those who may receive assistance from grant funds, is critical to the success of the CDBG program. The City reached out to practitioners, agencies, leaders, organizations, and companies who may have the specialized knowledge, experience, resources, and capacity to discuss needs, opportunities, solutions, investments, and how community improvements can be made. All City residents were encouraged to provide input on community needs through citizen participation opportunities.
Community Needs Survey. This community survey was noticed through the newspaper, the City’s website, and distribution of flyers in both English and Spanish. The online and paper survey was made available to the public between January 7, 2020, and February 28, 2020. The survey was provided in English and Spanish. Data gathered from the survey provided community feedback needs for housing, public facilities, infrastructure, homelessness, economic development, and community services, as well as on local demographic data. A copy of the survey, along with the final results, can be found at the attached Community Engagement Summary.
Public Meetings, Stakeholder Interviews, Pop-Up Events, and Housing Summit. Six public meetings were held in the City of San Bernardino, Stakeholder interviews, and a Housing Summit were conducted as part of the engagement program. Flyers were posted beforehand to inform the public of the meetings. To maximize attendance, they were offered at different locations and times of the day. Three meetings were held during the day and three were held in the evening. The Community Engagement Summary includes a flyer of the public meetings. A total of 65 people attended six meetings. Those in attendance included local residents, service providers, and members of the business community.
Community engagement meeting notes held in January 2020 and input from stakeholders helped identify community priorities. Stakeholders were contacted either by phone or visited in person. Each stakeholder were asked a listing of questions that asked about their interaction with the city and future goals and priority needs over the next five years. A Housing Summit was held in the City of which a total of 65 people. Those in attendance included local residents, service providers, and members of the business community. The notes and feedback were helpful in identifying priorities, creating a dialogue with the attendees, and gaining input from stakeholders and the public. Six community engagement meetings were held in January 2020. Pop-Up events included a short dialogue and feedback were also obtained from the public. Three pop-up
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events were attended: 1) San Berardino High School football game November 1, 2019, 2) San Bernardino Airshow on November 2, 2019, and 3) City of San Bernardino Winter Wonderland on December 14, 2019. Community Needs Surveys were distributed at the pop-up events and a total of 314 residents responded to the survey from these pop-up events (See attached Community Engagement Summary).
Public Hearings and 30-Day Public Review Period of Draft Consolidated Plan The City will hold a Council public hearing on March 18, 2020, to review the draft ConPlan, and on April 15, 2020, to review and approve the final plan. The City posted notice of the public hearings and draft ConPlan on February 27 for the first public hearing and March 12 for the second hearing. The 30-day public review period began on March 12, 2020 and ended on April 15, 2020.
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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting Non-
targeted/broad
community
A total of 65
individuals attended
6 public meetings.
All meeting
discussions are
included in the
Community
Engagement
Summary.
The priority needs
discussed at the
meetings were:
housing, housing
programs for people
with disabilities and
mental health
challenges, affordable
housing, homelessness
issues with veterans
and chronic homeless
individuals,
employment services,
at-risk youth programs,
community facilities for
at risk-youth,
downtown
revitalization and
pedestrian safety
through traffic calming
on 9th, Olive and
Valencia Ave.
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
2 Housing Summit Non-
targeted/broad
community
Service providers
41 attendees from 31
service providers and
organizations.
All Summit
comments were
documented in the
Community
Engagement
Summary (See
attached)
All Summit comments
were documented in
the Community
Engagement Summary
(See attached)
3 Housing Summit Service providers,
municipal staff,
council
15 stakeholders were
interviewed. All
comments were
documented in the
Community
Engagement
Summary (See
attached)
All interview
comments were
documented in the
Community
Engagement
Summary (See
attached)
All interview comments
were documented in
the Community
Engagement Summary
(See attached)
4 Housing Summit Non-
targeted/broad
community
The survey received
1,011 responses. All
survey information is
documented in the
Community
Engagement
Summary (See
attached)
All survey
information is
documented in the
Community
Engagement
Summary (See
attached)
All survey information
is documented in the
Community
Engagement Summary
(See attached)
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
5 Housing Summit Non-
targeted/broad
community
314 responses All pop-up data is
documented in the
Community
Engagement
Summary (See
attached)
All pop-up data is
documented in the
Community
Engagement Summary
(See attached)
6 Newspaper Ad Non-
targeted/broad
community
Newspaper, website
flyers and email
outreach was
undertaken
All news
documents are
documented in the
Community
Engagement
Summary (See
attached)
All news documents
are documented in the
Community
Engagement Summary
(See attached)
7 Public Hearing Non-
targeted/broad
community
There were no
written or public
comments from the
public hearing.
There were no
written or public
comments from the
public hearing.
There were no written
or public comments
from the public
hearing.
8 Housing Summit Non-
targeted/broad
community
There was no written
or public comments
during the 30-day
public comment
period.
There was no
written or public
comments during
the 30-day public
comment period.
There was no written
or public comments
during the 30-day
public comment
period.
Table 4 – Citizen Participation Outreach
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Needs Assessment
NA-05 Overview
Needs Assessment Overview
The Needs Assessment is a collection and analysis of data that assesses the extent of housing problems and housing needs for residents of the City of San Bernardino. The assessment focuses on affordable housing, special needs housing, community development, and homelessness. The information in this section was gathered from HUD’s Comprehensive Housing Affordability Strategy (CHAS) data, American Community Survey (ACS) data, and various other online and City resources. Stakeholder consultations conducted with public agencies, advocates, and local experts have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households. Findings are summarized below.
San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).A disproportionately greater need exists when the members of racial or ethnic group at a given income level experience housing problems at a greater rate (10 percentage points or more) than the income level as a whole.
Housing cost burden is the most common housing problem experienced by households in the City. As a whole, 23 percent of households in the City are cost burdened and 26 percent are severely cost burdened. While no households experience disproportionate need, Black/African American households have the highest rates of severe cost burden at 33 percent. A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. In the City, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction.
The minority racial and ethnic groups were found to experience housing problems at a greater rate of incidence than the region as whole, often exhibiting disproportionate need. Asian, Black/African American, American Indian/Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem.
The Housing Authority of the County of San Bernardino (HACSB) administers the housing choice voucher (HCV) program across the County, including the City, and manages the public housing units in the City.
The HACSB manages multiple public housing units in the City: 154 public housing units at the Maplewood Homes Community, 338 units at Wilson Street Apartments, 400 units at Arrowhead Grove, and various scattered sites throughout the City. The HACSB is currently accepting applications (in early
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2020) for Crestview Terrace, a new community on the site of the former Waterman Gardens under construction in the City of San Bernardino. This property will have 116 new units for occupancy, ranging from one to five bedrooms. In addition to public housing, there are approximately 3,000 affordable units, and approximately 2,600 HCV holders live in the City.
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NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c)
Summary of Housing Needs
Identified housing needs in the City include additional housing for single persons particularly the elderly and small families, housing that is affordable to those living below poverty levels, housing for persons living with disabilities, safe neighborhoods, and available affordable housing for the extremely low- income households. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short-term financial assistance (first/last month’s rent, security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness. Rapid rehousing assistance is an integral component of San Bernardino County’s response to homelessness.
LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home.
Community engagement activities identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City.
Demographics Base Year: 2009 Most Recent Year: 2015 % Change Population 209,924 214,115 2%
Households 57,547 57,580 0%
Median Income $39,405.00 $37,047.00 -6%
Table 5 - Housing Needs Assessment Demographics
Data Source: 2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Number of Households Table
0-30%
HAMFI
>30-50%
HAMFI
>50-80%
HAMFI
>80-100%
HAMFI
>100%
HAMFI
Total Households 13,335 9,795 10,630 6,275 17,550
Small Family Households 5,535 4,230 4,845 2,535 8,815
Large Family Households 2,765 2,225 2,574 1,404 3,150
Household contains at least one
person 62-74 years of age 1,735 1,815 1,974 1,199 3,765 Household contains at least one
person age 75 or older 1,085 975 895 509 1,350
Households with one or more
children 6 years old or younger 4,204 2,905 3,040 1,610 2,319 Table 6 - Total Households Table
Data Source: 2011-2015 CHAS
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Housing Needs Summary Tables
1. Housing Problems (Households with one of the listed needs) Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Substandard
Housing -
Lacking
complete
plumbing or
kitchen facilities 355 100 120 20 595 40 0 45 4 89
Severely
Overcrowded -
With >1.51
people per
room (and
complete
kitchen and
plumbing) 1,060 490 145 200 1,895 90 90 245 150 575
Overcrowded -
With 1.01-1.5
people per
room (and none
of the above
problems) 1,535 905 735 335 3,510 250 375 575 380 1,580 Housing cost
burden greater
than 50% of
income (and
none of the
above
problems) 5,310 2,510 370 25 8,215 1,390 1,110 744 170 3,414 Housing cost
burden greater
than 30% of
income (and
none of the
above
problems) 555 1,860 2,454 815 5,684 300 785 1,540 804 3,429
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Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
Zero/negative
Income (and
none of the
above
problems) 920 0 0 0 920 185 0 0 0 185
Table 7 – Housing Problems Table
Data
Source:
2011-2015 CHAS
2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Having 1 or more
of four housing
problems 8,265 4,005 1,370 580 14,220 1,770 1,575 1,604 710 5,659 Having none of
four housing
problems 1,525 2,525 4,059 2,480 10,589 670 1,685 3,590 2,505 8,450 Household has
negative income,
but none of the
other housing
problems 920 0 0 0 920 185 0 0 0 185
Table 8 – Housing Problems 2
Data
Source:
2011-2015 CHAS
3. Cost Burden > 30%
Renter Owner
0-30%
AMI
>30-50%
AMI
>50-80%
AMI
Total 0-30%
AMI
>30-50%
AMI
>50-80%
AMI
Total
NUMBER OF HOUSEHOLDS
Small Related 3,905 2,870 1,635 8,410 705 745 1,165 2,615 Large Related 2,120 1,120 674 3,914 435 685 655 1,775
Elderly 895 830 245 1,970 630 515 524 1,669
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Renter Owner
0-30%
AMI
>30-50%
AMI
>50-80%
AMI
Total 0-30%
AMI
>30-50%
AMI
>50-80%
AMI
Total
Other 1,575 840 680 3,095 230 270 260 760
Total need by
income
8,495 5,660 3,234 17,389 2,000 2,215 2,604 6,819
Table 9 – Cost Burden > 30%
Data
Source:
2011-2015 CHAS
4. Cost Burden > 50%
Renter Owner
0-30%
AMI
>30-50%
AMI
>50-
80%
AMI
Total 0-30%
AMI
>30-50%
AMI
>50-
80%
AMI
Total
NUMBER OF HOUSEHOLDS
Small Related 3,710 1,475 245 5,430 595 425 380 1,400
Large Related 1,810 520 35 2,365 345 365 160 870
Elderly 745 495 50 1,290 460 325 194 979
Other 1,385 465 90 1,940 210 145 25 380
Total need by
income
7,650 2,955 420 11,025 1,610 1,260 759 3,629
Table 10 – Cost Burden > 50%
Data
Source:
2011-2015 CHAS
5. Crowding (More than one person per room)
Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Single family
households 2,310 1,215 695 340 4,560 210 365 530 330 1,435 Multiple,
unrelated family
households 280 215 230 150 875 100 100 290 195 685
Other, non-family
households 65 0 0 39 104 30 0 0 10 40
Total need by
income
2,655 1,430 925 529 5,539 340 465 820 535 2,160
Table 11 – Crowding Information – 1/2
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Data
Source:
2011-2015 CHAS
Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total 0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total
Households with
Children Present 3,760 2,030 1,725 7,515 444 875 1,315 2,634 Table 12 – Crowding Information – 2/2
Alternate Data Source Name:
Households with Children
Data Source
Comments: CHAS 2011-2015
Describe the number and type of single person households in need of housing assistance.
According to the ACS 2014-2018 5-Year Estimates, there are 11,511 single-person households in the City, which represents 19 percent of households in San Bernardino (Table 5). Based on the ACS 2014- 2018 5-Year Estimates, single-person households are primarily persons between 35 and 64 years of age (49 percent); however, persons over 65 years make up 38 percent of single-person households. The housing needs of elderly persons may be more problematic to meet than for other residents since the elderly are often living on a fixed income and many have special housing and care needs. The ACS 2014- 2018 5-Year Estimates shows that 17.2 percent of persons living below the poverty level ($12,140 for a single-person household) are seniors over the age of 65 years.
Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking.
Persons with Disabilities: According to the ACS 2014-2018 5-Year Estimates, approximately 12.5 percent (26,221 persons) of the population living in San Bernardino is affected by one or more disabilities. The most prevalent disability affecting this population is ambulatory difficulties, with 53 percent of persons experiencing disabilities having an ambulatory difficulty. This is closely followed by cognitive difficulty at 47 percent.
The symptoms and functional impairments that result from disabling health and behavioral health conditions can make it difficult for people to earn income from employment. Income from disability benefits, such as Supplemental Security Income, is not always sufficient to afford rent without additional assistance. Of 348 survey respondents in the 2019 San Bernardino Homeless Point-In-Time Count, 26 unsheltered adults (7.5 percent) in the City reported to have developmental disabilities and 79 unsheltered adults (22.7 percent) reported to have a mental health disability or disorder that affect their ability to live independently.
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Victims of Domestic Violence: In 2017, the state of California saw 169,362 domestic-violence related calls.[1] The California Department of Justice data reports that calls for services related to domestic violence in San Bernardino County increased by 51 percent since 2014, with 12,012 calls documented in 2017—7 percent of all calls within California. ACS 2013-2107 data shows that residents of San Bernardino County (2,121,220 persons) make up 5.4 percent of the state’s population (38,982,847 persons). Nationwide data is collected annually during a 24-hour Census period; on September 13, 2017, 19,147 domestic violence-related calls were received by local and state hotline staff of the 1,694 out of 1,873 (90%) participating domestic violence programs, and the National Domestic Violence Hotline staff answered 2,205 calls or texts.[2] This averages more than 14 calls every minute. If this level of need continues, the hotlines would receive more than 7.5 million calls per year; the hotlines do not include the supportive services needed to help a victim and their family.
This reflects the larger trend of a rise in violent crime in San Bernardino County. The San Bernardino County Community Indicator Report finds that violent crime has increased by 20 percent since 2014, and specifically the rate of rape increased 74 percent since 2014 (California Department of Justice, 2017 data). In the state of California overall, after reaching a low in 2014, the violent crime rate increased by 13 percent from 2014 to 2017, with rape specifically increasing by 34 percent, although this drastic increase is much lower than the County’s during the same period.[3] Domestic violence, dating violence, sexual assault, and stalking can be precursors to homelessness. The 2019 San Bernardino Homeless Point-In-Time survey identified 35 persons residing in the City who were experiencing homelessness due to fleeing domestic violence, dating violence, sexual assault, and stalking, representing 10.1 percent of the 348 persons experiencing homelessness residing in the City who participated in the survey.
What are the most common housing problems?
As shown in Table 7 (Housing Problems Table), housing cost burden is the most common housing problem experienced by both renters and homeowners. Of the 57,580 households in the city, 20 percent experience severe cost burden (more than 50 percent of monthly earnings going toward housing costs) and 16 percent experience cost burden (more than 30 percent of monthly earnings going toward housing costs).
Are any populations/household types more affected than others by these problems? Forty-six percent of the City’s households are small families. Since small households comprise the largest type of household and since 55 percent of these households are also low-income, they could be more significantly affected by housing problems.
Across all categories (substandard housing, overcrowding, and cost burden), renter households consistently experience housing problems at a greater rate than owner-occupied households (Housing Problems Table). LMI renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). The disparity between renters and homeowners is most significant for households experiencing severe housing cost burden (more than 50 percent of monthly earnings
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going toward housing costs), where of the 11,629 households experiencing severe cost burden, 71 percent are renter households. This is followed by housing cost burden (more than 30 percent of monthly earnings going toward housing costs), where 62 percent of the total number of households experiencing cost burden are renter households. As discussed in the previous question, housing cost burden represents the most common housing challenge.
Housing problems are predominantly experienced by extremely low-income households, particularly extremely low-income renters. With the exception of housing cost burden, where low-income (50 to 80 percent AMI) households make up the majority of renting households experiencing cost burden, extremely low-income households consist of at least 40 percent of renters experiencing each housing problem. Further, extremely low-income households (renter and owner-occupied households) are more likely to experience more than one housing problem, with over half of households (55 percent) experiencing more than one housing problem.
Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance Just over 23 percent of households in San Bernardino (13,335 households) qualify as extremely low- income (Table 6), largely unchanged since 2015 when the 2015-2019 Consolidated Plan was prepared.
Small families (families of four persons or less) comprise 42 percent (5,535 households) of the City’s extremely low-income households. Further, almost a third (4,204) extremely low-income households have at least one child six years or younger. Compounding financial demands that affect low-income families with small children can lead to a high risk of homelessness. Families that rely on low-wage jobs often work nonstandard and/or inflexible hours, which can be restrictive to families with both school- age and young children. Additionally, low-wage jobs have less access to paid leave or health insurance as compared to high-wage jobs, further exacerbating stress on families with limited resources when children experience injuries and illness.
As evidenced by the number of extremely low-income households experiencing housing cost burden and severe cost burden, affordable housing is a significant need for extremely low-income households in the City. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short-term financial assistance (first/last month’s rent, security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness.
Rapid rehousing assistance is an integral component of San Bernardino County’s response to homelessness. Rapid rehousing is designed to help individuals and families quickly exit homelessness and return to permanent housing through a “housing first” approach where the recipients of assistance do not need to graduate through a series of services before reaching permanent housing. Based on the Rapid Rehousing Program Standards, Practices, & Model Guidelines adopted by the San Bernardino
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County Homeless Partnership in January 2019, the program prioritizes a housing first approach to assisting homeless families with children, recognizing that the crisis of homelessness is preventative to obtaining housing and maintaining stability (such as finding affordable housing, employment, assistance programs, etc.). By providing permanent housing quickly, the family is more likely to establish a stable housing situation and avoid returning to homelessness. Rapid rehousing provides community benefits through improving the effectiveness of the County’s homeless services and reducing demand for shelters and other temporary solutions.
If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates:
The City generally defines those households of extremely low incomes and those living below the poverty status to be at risk of becoming homeless. The estimates are based on CHAS data provided by HUD and on ACS data by the US Census Bureau, respectively.
Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness
Housing problems and severe housing problems occur at a higher rate among very low- and extremely low-income households. Cost burden, overcrowding, and poor housing conditions, particularly for renters, all link to an instability in housing that can lead to homelessness. Many lowâ¿ÂÂÂÂincome households have difficulty finding reasonably affordable, suitable rental housing. The lack of options available for these populations leads to housing problems and severe housing problems. Households in the very low- and extremely low-income categories live in housing above their means and face cost burden. Alternatively, they avoid high housing costs by living in substandard housing or with other families or extended families, which contributes to overcrowding.
Discussion
Overall, this assessment finds that:
LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home.
Extremely low-income renters make up the majority of household types experiencing housing problems.
Extremely low-income households, for both renter and owner-occupied households, are more likely to experience more than one housing problem, with over half of the households (55 percent) experiencing more than one housing problem falling within the extremely low-income bracket.
The above findings indicate a lack of affordable housing available to lower income renters, but especially housing that would be affordable to extremely low-income households. Results from the community
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meeting corroborate these findings. Attendees identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City.
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NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction
For the purposes of this ConPlan, disproportionately greater need is assumed to exist when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage point of persons in the category as a whole. A household is considered to have a housing problem when their home lacks complete kitchen or plumbing facilities, when there is more than one person per room, or when a cost burden (30% or more of income toward housing) exists.
This section's tables demonstrate the disproportionately greater need across the lower-income levels (0%–30%, 30%–50%, and 50%–80% of AMI). Consistently, across each of the income brackets shown below, American Indian/Alaska Native households experience housing problems at a disproportionate rate. Conversely, White households never exceed the jurisdictional rate for housing problems across all households. It should be noted that the sample sizes for both American Indians/Alaska Native and Pacific Islander households are comparatively small, which may mean the data is not accurate. 0%-30% of Area Median Income
Housing Problems Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 10,885 1,340 1,105
White 1,760 255 365
Black / African American 2,400 325 335
Asian 395 165 70
American Indian, Alaska Native 8 0 0
Pacific Islander 10 0 4
Hispanic 6,110 565 255
Table 13 - Disproportionally Greater Need 0 - 30% AMI
Data Source: 2011-2015 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
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30%-50% of Area Median Income
Housing Problems Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 8,225 1,575 0
White 1,360 360 0
Black / African American 1,405 390 0
Asian 230 95 0
American Indian, Alaska Native 15 0 0
Pacific Islander 10 0 0
Hispanic 4,925 695 0
Table 14 - Disproportionally Greater Need 30 - 50% AMI
Data Source: 2011-2015 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
50%-80% of Area Median Income
Housing Problems Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 6,968 3,660 0
White 1,109 920 0
Black / African American 1,120 445 0
Asian 225 125 0
American Indian, Alaska Native 50 15 0
Pacific Islander 20 0 0
Hispanic 4,279 2,080 0
Table 15 - Disproportionally Greater Need 50 - 80% AMI
Data Source: 2011-2015 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
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80%-100% of Area Median Income
Housing Problems Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 2,909 3,360 0
White 555 855 0
Black / African American 470 355 0
Asian 135 185 0
American Indian, Alaska Native 25 0 0
Pacific Islander 0 0 0
Hispanic 1,729 1,945 0
Table 16 - Disproportionally Greater Need 80 - 100% AMI Data Source: 2011-2015 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
Discussion
The following summarizes the needs of racial and ethnic households by income bracket. Racial and ethnic household groups that experience housing problems at disproportionate rates are bolded.
Eighty-two percent of households with 0%-30% AMI experience at least one severe housing problem:
•One hundred percent of American Indian/Alaska Native households experience at least one housing problem.
•Seventy-one percent of Pacific Islander households experience at least one housing problem. •Seventy-eight percent of Black/African American households experience at least one housing problem.
•Seventy-four percent of White households experience at least one housing problem. •Sixty-three percent of Asian households experience at least one housing problem. •Eighty-eight percent of Hispanic households experience at least one severe housing problem.
Eighty-four percent of households with 30%-50% AMI experience at least one housing problem:
•One hundred percent of American Indian/Alaska Native households experience at least one housing problem.
•One hundred percent of Pacific Islander households experience at least one housing problem.
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•Seventy-eight percent of Black/African American households experience at least one housing problem.
•Seventy-nine percent of White households experience at least one housing problem. •Seventy-one percent of Asian households experience at least one housing problem. •Eighty-eight percent of Hispanic households experience at least one severe housing problem.
Sixty-six percent of households with 50%-80% AMI experience at least one housing problem:
•Seventy-seven percent of American Indian/Alaska Native households experience at least one housing problem.
•One hundred percent of Pacific Islander households experience at least one housing problem. •Seventy-two percent of Black/African American households experience at least one housing problem.
•Fifty-five percent of White households experience at least one housing problem. •Sixty-four percent of Asian households experience at least one housing problem. •Sixty-seven percent of Hispanic households experience at least one severe housing problem.
Forty-six percent of households with 80%-100% AMI experience at least one housing problem:
•One hundred percent of American Indian/Alaska Native households experience at least one housing problem.
•There is no data for Pacific Islander households in this income bracket. •Fifty-seven percent of Black/African American households experience at least one housing problem.
•Thirty-nine percent of White households experience at least one housing problem. •Forty-two percent of Asian households experience at least one housing problem. •Forty-seven percent of Hispanic households experience at least one severe housing problem.
In summary, American Indian/Alaska Native are disproportionately affected by housing problems across all categories. Pacific Islander households are disproportionately affected in almost every category where there is data for their households, with exception for extremely low-income households (0%-30% AMI).
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NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2)
Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction
A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs.
For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities.
Per HUD definitions, disproportionate housing needs are defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population.
0%-30% of Area Median Income
Severe Housing Problems* Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 10,035 2,195 1,105
White 1,480 540 365
Black / African American 2,280 450 335
Asian 325 230 70
American Indian, Alaska Native 8 0 0
Pacific Islander 10 0 4
Hispanic 5,750 925 255
Table 17 – Severe Housing Problems 0 - 30% AMI
Data Source: 2011-2015 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%
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30%-50% of Area Median Income
Severe Housing Problems* Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 5,580 4,210 0
White 930 790 0
Black / African American 970 825 0
Asian 140 185 0
American Indian, Alaska Native 10 4 0
Pacific Islander 10 0 0
Hispanic 3,295 2,320 0
Table 18 – Severe Housing Problems 30 - 50% AMI
Data Source: 2011-2015 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%
50%-80% of Area Median Income
Severe Housing Problems* Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 2,974 7,649 0
White 414 1,615 0
Black / African American 285 1,280 0
Asian 180 175 0
American Indian, Alaska Native 19 50 0
Pacific Islander 20 0 0
Hispanic 2,020 4,339 0
Table 19 – Severe Housing Problems 50 - 80% AMI
Data Source: 2011-2015 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%
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80%-100% of Area Median Income
Severe Housing Problems* Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 1,290 4,985 0
White 140 1,265 0
Black / African American 155 665 0
Asian 80 245 0
American Indian, Alaska Native 25 0 0
Pacific Islander 0 0 0
Hispanic 890 2,779 0
Table 20 – Severe Housing Problems 80 - 100% AMI
Data Source: 2011-2015 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%
Discussion
The following is an analysis of the rates of severe housing problems amongst racial and ethnic minorities of different income categories in comparison to the overall rate of severe housing problems. Racial and ethnic household groups that experience severe housing problems at disproportionate rate are bolded.
Overall, Asian households earning between 50-80 percent AMI disproportionately experience severe housing problems.
Seventy-five percent of households with 0%-30% AMI experience at least one severe housing problem:
•Seventy-four percent of Black/African American households experience at least one severe housing problem.
•Sixty-two percent of White households experience at least one severe housing problem. •Fifty-two percent of Asian households experience at least one severe housing problem. •Eighty-three percent of Hispanic households experience at least one severe housing problem.
Fifty-seven percent of households with 30%-50% AMI experience at least one severe housing problem:
•Fifty-four percent of Black/African American households experience at least one severe housing problem.
•Fifty-four percent of White households experience at least one severe housing problem.
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•Forty-three percent of Asian households experience at one severe housing problem. •Fifty-nine percent of Hispanic households experience at least one severe housing problem.
Twenty-eight percent of households with 50%-80% AMI experience at least one severe housing problem:
•Eighteen percent of Black/African American households experience at least one severe housing problem.
•Twenty percent of White households experience at least one severe housing problem. •Fifty-one percent of Asian households experience at least one severe housing problem. •Thirty-two percent of Hispanic households experience at least one severe housing problem.
In summary, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem.
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NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction:
A household is considered cost burdened if they pay more than 30 percent of their household income toward housing costs. As per HUD definitions, disproportionate housing needs are defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR §
5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population.
Housing Cost Burden
Housing Cost Burden <=30% 30-50% >50% No / negative
income (not
computed)
Jurisdiction as a whole 28,175 13,053 15,039 1,315
White 8,355 2,655 2,520 440
Black / African American 3,869 2,325 3,259 335
Asian 1,415 380 595 90
American Indian, Alaska
Native 85 30 60 0
Pacific Islander 35 20 20 4
Hispanic 13,940 7,414 8,160 365
Table 21 – Greater Need: Housing Cost Burdens AMI
Data Source: 2011-2015 CHAS
Discussion:
As a whole, 23 percent of households are cost burdened and 26 percent are severely cost burdened.
Approximately 19 percent of White households, 24 percent of Black/African American households, 15 percent of Asian households, and 25 percent of Hispanic households are cost burdened. No households are disproportionately cost burdened or severely cost burdened.
Overall, there is a high rate of cost burden within the City; however, Black/African American households have the highest rates of severe cost burden at 33 percent.
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NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Asian, Black/African American, American Indian and Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem.
Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction.
Citywide, 23 percent of households are cost burdened and 26 percent are severely cost burdened.
Approximately a quarter of Hispanic households and one-third of all Black/African American households are cost burdened. However, no racial or ethnic groups are disproportionately cost burdened or severely cost burdened.
Please see discussions in NA-15, NA-20, and NA 25 for more information.
If they have needs not identified above, what are those needs? Stakeholder consultations have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households.
Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community?
Minority concentration is defined as a census tract where the percentage of individuals of a particular racial or ethnic minority group is at least 20 percentage points higher than the citywide average.
Minority refers to all ethnic groups other than non-Hispanic White.
The City of San Bernardino is 60 percent White, 16.7 percent Black/African American, 5.7 percent Asian, and 64.3 percent Hispanic (regardless of race). The map below displays census tracts in the City that have a minority concentration. As displayed in the attached minority concentration map. Five census tracts have a Hispanic minority concentration.
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NA-35 Public Housing – 91.205(b)
Introduction
The HACSB is the regional entity that manages and maintains housing units and administers Housing Choice Voucher programs across the County, including the City of San Bernardino. There are approximately 2,600 voucher holders in the City of San Bernardino.
Over 10,700 housing vouchers are currently active countywide. The majority of voucher holders have a tenant-based voucher, which is a type of voucher that allows the holder to use the voucher at any housing unit where the landlord will accept it. Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. Some households are duplicates.
The following tables describe the number of housing vouchers in use within the County and the demographics of those receiving vouchers. Data on the number of vouchers in use within the City is unavailable.
Totals in Use
Program Type
Vouchers
Special Purpose Voucher
Certificate Mod-
Rehab
Public
Housing Total Project -
based
Tenant -
based Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
# of units vouchers in use 0 0 1,177 5,277 517 4,660 54 0 0 Table 22 - Public Housing by Program Type
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Data Source: PIC (PIH Information Center)
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Characteristics of Residents
Program Type
Vouchers
Special Purpose Voucher
Certificate Mod-
Rehab
Public
Housing Total Project -
based
Tenant -
based Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Average Annual Income 0 0 13,755 14,084 14,172 13,978 14,467 0 Average length of stay 0 0 6 6 1 7 0 0
Average Household size 0 0 3 2 1 2 1 0
# Homeless at admission 0 0 0 30 1 22 7 0
# of Elderly Program Participants
(>62) 0 0 239 1,122 357 754 3 0
# of Disabled Families 0 0 200 1,284 39 1,200 28 0
# of Families requesting accessibility
features 0 0 1,177 5,277 517 4,660 54 0
# of HIV/AIDS program participants 0 0 0 0 0 0 0 0
# of DV victims 0 0 0 0 0 0 0 0
Table 23 – Characteristics of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center)
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Race of Residents
Program Type
Vouchers
Special Purpose Voucher
Race Certificate Mod-
Rehab
Public
Housing Total Project -
based
Tenant -
based Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
White 0 0 644 2,226 372 1,791 38 0 0
Black/African American 0 0 425 2,911 114 2,763 16 0 0
Asian 0 0 57 94 21 70 0 0 0
American Indian/Alaska
Native 0 0 3 27 5 22 0 0 0
Pacific Islander 0 0 29 12 3 9 0 0 0
Other 0 0 19 7 2 5 0 0 0
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 24 – Race of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center)
Ethnicity of Residents
Program Type
Vouchers
Special Purpose Voucher
Ethnicity Certificate Mod-
Rehab
Public
Housing Total Project -
based
Tenant -
based Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
Hispanic 0 0 504 1,326 167 1,132 14 0 0
Not Hispanic 0 0 670 3,951 350 3,528 40 0 0
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 25 – Ethnicity of Public Housing Residents by Program Type
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Data Source: PIC (PIH Information Center)
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Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units:
As shown in the above tables, the average annual income of all vouchers holders is approximately $14,084, which is 22 percent of the County household median income. This indicates these voucher holders have limited income to cover basic transportation, medical, food, and personal needs. As indicated in Table 23, 5,277 voucher holders (37 percent) have requested some type of accessible feature, demonstrating a need. Also, given the number of persons with disabilities across the County, the need for accessible units would be great.
Additionally, for persons with disabilities who are already on the HACSB waiting list, there is a need for case management and comprehensive support services.
As a Moving-to-Work agency, the HACSB is implementing activities designed to increase the cost effectiveness of federal programs and increase the amount of affordable, quality housing units. As such, the HACSB is implementing a local project-based voucher program designed to increase the number of affordable units, a local family self-sufficiency program to increase household income, and the No Child Left Unsheltered program which provides Housing Choice Vouchers to eligible homeless families.
Most immediate needs of residents of Public Housing and Housing Choice voucher holders HACSB identified that the current housing program waiting lists are too long and have been closed for quite some time. Furthermore, there is a need for applicant assistance in the housing program application process. The most immediate need is finding housing units and property owners that will accept vouchers.
How do these needs compare to the housing needs of the population at large Although Housing Choice Vouchers are available to low-income households, the voucher program is unable to accommodate all low-income households. As discussed in MA-15, there is a gap of 11,445 units for households earning between 0 to 30 percent AMI and a gap of 2,750 units for households earning between 30 to 50 percent AMI. Moderate- and above moderate-income categories are more able to secure affordable housing in the City.
Discussion
See above discussion.
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NA-40 Homeless Needs Assessment – 91.205(c)
Introduction:
In the most current County Point-in-Time Count (2019), the County identified a total of 2,607 homeless individuals. Of these individuals, 687 are sheltered and 1,920 are unsheltered. There are an estimated 890 persons experiencing homelessness in the City of San Bernardino.
The table below displays the County’s homeless subpopulations. Information for some subpopulations were unavailable.
Homeless Needs Assessment
Population Estimate the # of persons
experiencing homelessness
on a given night
Estimate the #
experiencing
homelessness
each year
Estimate the #
becoming
homeless
each year
Estimate the #
exiting
homelessness
each year
Estimate the #
of days persons
experience
homelessness
Sheltered Unsheltered
Persons in Households with Adult(s)
and Child(ren) 401 87 488 0 0 0
Persons in Households with Only
Children 5 5 10 0 0 0
Persons in Households with Only
Adults 281 1,828 2,109 0 0 0
Chronically Homeless Individuals 64 703 757 0 0 0
Chronically Homeless Families 5 34 39 0 0 0
Veterans 32 175 207 0 0 0
Unaccompanied Child 29 140 5 0 0 0
Persons with HIV 6 41 47 0 0 0
Table 26 - Homeless Needs Assessment
Alternate Data Source Name:
County Homeless Race, HMIS 2019
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Data Source Comments:
County of San Bernardino, HUD HMIS, 2019
Indicate if the homeless population is: Has No Rural Homeless If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth):
Subpopulation data is not available for several of catgories in the table above.
Between October 1, 2018, and September 30, 2019, 426 individuals exited homelessness from emergency shelters or transitional housing. Of these individuals, 13 percent reentered homelessness within less than six months, 9 percent reentered between 6 and 12 months, and 2 percent reentered between 13 and 24 months. Overall, 25 percent reentered homelessness within two years.
During the same period, the average length of time being homeless was 118 days and the median time was 56 days.
According to the County and City Point-in-Time Counts, the City has noticed an increase in homeless population since 2018. From 2018 to 2019 the homeless population increased in the City 37 percent. The County experienced a 23 percent increase over the same period of time. The preceeding table acknowledges the number of unsheltered individuals is overwelming compared to those who find shelter and that a majority of the homeless people have been categorized as chronically homeless individuals as well as veterans.
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Nature and Extent of Homelessness: (Optional)
Race: Sheltered: Unsheltered (optional)
White 141 0
Black or African American 114 0
Asian 3 0
American Indian or Alaska
Native 6 0
Pacific Islander 1 0
Ethnicity: Sheltered: Unsheltered (optional)
Hispanic 102 0
Not Hispanic 10 0
Alternate Data Source Name:
County Homeless Race, HMIS 2019
Data Source
Comments:
Not Hispanic category data in this table refers to the number of multi-racial homeless individuals.There is no data on unsheltered homeless individuals or families.
Estimate the number and type of families in need of housing assistance for families with children and the families of veterans.
The 2019 County Point-in-Time count identified 34 homeless families with children in San Bernardino County. The count identified four individuals with veteran status within the families surveyed.
The 2019 PIT counts for the City of San Bernardino subpopulations included 28 homeless veteran individuals of which only 7 were sheltered and 32 families with children sheltered. There was not data for unsheltered families with children.
Describe the Nature and Extent of Homelessness by Racial and Ethnic Group.
Race and ethnic composition of homeless individuals reported to be receiving services within the City, according to HMIS 2020 data.
Out of the 281 Point-In-Time survey respondents residing in the City, 141 (50.2 percent) were White, 114 (40.6 percent) were Black/African American, and 102 were Hispanic of any race (36.3 percent). This data is for sheltered homeless individuals only. Data was not available for unsheltered homeless individuals.
Describe the Nature and Extent of Unsheltered and Sheltered Homelessness.
According to 2019 PIT Count data for the City, there are approximately 639 unsheltered homeless individuals and 244 sheltered homeless individuals living in the City. According to the Point-in-Time
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count survey, 17 percent of unsheltered homeless individuals residing in the City had been homeless for less than a year; 59 percent were homeless between one and five years; 12 percent were homeless between six and ten years; and 11 percent were homeless for more than ten years. Seventy-one percent of respondents stated that they lived in the City of San Bernardino before becoming homeless.
Discussion:
There are approximately 2,607 homeless individuals counted in the County of those counted, 883 reside in the City. As identified in MA-30, homeless providers still complain there is not enough emergency shelter space, transitional, rapid rehousing, or permanent supportive housing beds to accommodate them. The CoC’s service capacities have increased within the previous five years; however, there is still a need for beds and additional supportive services.
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NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) Introduction:
The following section describes the special needs of the following populations:
•Elderly households (defined as 62 years and older)
•Persons with mental, physical, and/or developmental disabilities •Large households
•Female-headed households
•Persons living with HIV/AIDS and their families
Describe the characteristics of special needs populations in your community:
Elderly Households (defined as 62 years and older). Many elderly people live on fixed incomes, making housing affordability a key issue. Access to properly sized units, transit, and healthcare are also important concerns of elderly households. Elderly households may also require residential care from time to time. Approximately 11 percent of City residents (23,827) are 62 years of age or older.
Persons with mental, physical, and/or developmental disabilities. Persons with disabilities may require special housing accommodations, such as wheelchair accessibility and other modifications to live independently. Access to transit is also a high priority for this population. According to the ACS 2014- 2018 5-Year Estimates, 26,221 residents (12.5 percent) are living with a disability. Of those 65 years and older, 46.5 percent are living with a disability.
Female Household. Female-headed households may have special needs related to accessing childcare and other supportive services as well as an increased risk of poverty. As displayed in the table below, female-headed households comprise 35 percent of households with children.
What are the housing and supportive service needs of these populations and how are these needs determined?
Elderly, disabled, small, large, and female-headed households and households with children are a significant portion of the City’s population and tend to have special housing needs that require diverse types of affordable housing. HACSB does not have enough HCVs to meet the need of all special needs households.
When surveyed during the community engagement process, residents selected “construction of new affordable rental housing” as one of the highest priority housing needs in the community. Additionally,
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stakeholder interviews identified housing for the physically disabled, mentally ill, and single women as needs within the City.
Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area:
HIV/AIDS. Those living with HIV/AIDS and their families require stable and affordable housing in order to consistently access medical care and avoid hospitalizations. On the county level, there are approximately 4,401 people living with HIV (PLWH). Approximately 3,120 PLWH are currently in care and 2,278 are virally suppressed. Statewide, male-to-male sexual contact is the most common transmission mode at 71.4 percent of all new cases in 2017. Black/African American individuals make up 35.2 percent of all new transmissions, followed by Hispanic/Latinx individuals at 14.3 percent, American Indian/Alaskan Native at 10.8 percent, Native Hawaiian/other Pacific Islander at 9.1 percent, White at
8.2 percent, and Asian at 6.7 percent.
Discussion:
The County provides rapid HIV testing, counseling, prevention education, AIDS Drug Assistance Program (ADAP), and HIV clinic services for clients who do not qualify for any other medical resources.
People living with HIV/AIDs require affordable housing to maintain consistent access to medical care, adhere to medical plans, and avoid hospitalizations. They require affordable housing that will suit their needs, which include proximity to health care centers.
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NA-50 Non-Housing Community Development Needs – 91.215 (f) Describe the jurisdiction’s need for Public Facilities:
Community meetings identified the need for facilities for at-risk youth, pedestrian improvements, and traffic-calming measures. Survey respondents identified the need for community centers, parks and recreational facilities, youth centers, and healthcare facilities.
How were these needs determined?
The needs were determined through extensive community engagement efforts including a survey, stakeholder interviews, community meetings, and pop-up events. The survey and pop-up events sought to solicit feedback from City residents, while stakeholder interviews focused on community development practitioners and experts. The survey was made available in four languages and online. In total, 1,011 survey responses were received and approximately 12 stakeholder organizations participated in the process. Several residents provided feedback at community meetings and pop-up events.
Describe the jurisdiction’s need for Public Improvements:
Community Engagement events and data gathering from the City revealed the top public improvements were needed:
•Survey respondents identified the need for the following public improvements:
•Street/alley/sidewalk improvements
•Street lighting improvements
•Safe routes to schools
•Water/sewage improvements
How were these needs determined?
See the description of community engagement above.
Describe the jurisdiction’s need for Public Services:
Stakeholders identified the need for the following public services:
•Crime reduction
•Domestic violence services
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•Family self-sufficiency programs
•Mental health services
•Tech literacy education
•Vocational training for those with criminal backgrounds •Youth life skill education
Feedback at community meetings identified the need for:
•Services for at-risk youth
•Neighborhood revitalization
•Survey respondents identified the need for the following:
•Programs for at-risk youth
•Youth activities
•Children after school/summer camp program or services
How were these needs determined?
Community engagement activities noted above. Area service providers primarily assisted in this effort.
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Housing Market Analysis
MA-05 Overview
Housing Market Analysis Overview:
This overview summarizes the key points of each section of the market analysis and sets a basis for some of the funding priorities listed in the Strategic Plan. The Market Analysis identifies the City’s housing market, which includes the housing stock, the cost of housing in the City, housing needs for low- income and special needs populations, and barriers to the development of new housing, especially affordable housing.
As with many suburban cities, the City of San Bernardino is made up mostly of one-unit detached structures. Multiunit structures make up the second highest portion of housing stock. Multifamily units have increased more rapidly than single-family development, but only by approximately two percentage points. The cost of home purchase is more affordable in the City of San Bernardino compared to other cities in California. However, like the rest of the state, San Bernardino has followed the same trend of steadily increasing costs for both homeownership and renting. Housing stock is aging; nearly 70 percent of residential units were built prior to 1980.
There are many housing resources in the City and County for low-income, special needs, and homeless households. The Housing Authority of the County of San Bernardino (HACSB) is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. For special needs, in the City of San Bernardino alone, there are 39 adult residential facilities providing capacity to accommodate 835 persons; there are 24 residential elder care facilities in the City that accommodate 505 persons. Finally, the City utilizes the Emergency Solutions Grant (ESG) program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs.
There continue to be barriers to the provision of affordable housing. But through many initiatives and supportive services funded by local and federal resources, efforts are continuously being made to increase affordable housing units, provide supportive services and job training, and offer other tools to build the workforce for a strong community.
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MA-10 Number of Housing Units – 91.210(a)&(b)(2)
Introduction
The City is made up mostly of one-unit detached structures, at 61 percent of residential properties.
Multiunit structures make up the second highest percentage at 19 percent of the housing stock. From 2000 to the present, the development of housing stock has only increased by three to five percentage points, with multifamily units increasing more rapidly than single-family detached by approximately two percentage points.
Vacant land is available for immediate residential development in the City. Opportunities for development are identified in maps in the City’s Housing Element. City policies and goals make evident that the City is committed to both redevelopment and new development. Areas of opportunity include infill housing and new development in the Downtown Core as well as along major corridors.
A healthy vacancy rate is associated with choice and mobility. A healthy vacancy rate for owner- occupied housing is 2-3 percent and 5-6 percent for rental units. In 2010, the vacancy rate for owner- occupied housing was 3.7 percent; in 2017 it was 1.3 percent, 0.7 percent below the range considered healthy. In 2010, the renter-occupied rate was 6.9 percent, above the healthy range by 0.9 percent. By 2017, the rental vacancy rate returned to the healthy range at 6 percent.
Residential mobility is influenced by tenure. Ownership housing is associated with a much lower turnover rate than rental housing. Tenure preferences are primarily related to household income, composition, and age of the householder. Between 2010 and 2017, the number of occupied units decreased, and tenure shifted from majority owner-occupied units to majority renter-occupied units.
All residential properties by number of units
Property Type Number %
1-unit detached structure 37,940 61%
1-unit, attached structure 2,825 5%
2-4 units 5,660 9%
5-19 units 6,460 10%
20 or more units 5,755 9%
Mobile Home, boat, RV, van, etc 4,045 6%
Total 62,685 100%
Table 27 – Residential Properties by Unit Number
Data Source: 2011-2015 ACS
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Unit Size by Tenure
Owners Renters
Number % Number %
No bedroom 215 1% 1,135 4%
1 bedroom 675 3% 7,460 24%
2 bedrooms 5,620 21% 12,530 41%
3 or more bedrooms 20,520 76% 9,424 31%
Total 27,030 101% 30,549 100%
Table 28 – Unit Size by Tenure
Data Source: 2011-2015 ACS
Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs.
The City has a total of 25 assisted multifamily housing projects that provide 3,034 affordable housing units. Fourteen projects (San Bernardino Senior Housing, Sierra Vista, Monte Vista, Buena Vista, Hacienda, AHEPA 302 Apartments, Arrowhead Vista, The Magnolia, Casa Bernadine, Casa Ramona, Jeffrey Court, Laurel Place, Light’s Rancho Linda, and The Plaza) are designated as affordable senior communities and have a combined total of 1,329 units. Most of the City’s affordable housing was funded by HUD, including Section 202, Section 108, PRAC, HOME, or HFDA. Many projects were also financed through Low Income Housing Tax Credits (LIHTC). Affordable housing units also received funding through the former redevelopment agency or bonds. The HACSB also assisted with the development of the Medical Center Apartments (287 affordable units).
The City falls within the jurisdiction of the HACSB. The HACSB administers the Housing Choice Voucher program, which provides rental assistance to income-eligible residents of San Bernardino by providing monthly rental assistance to participants who rent from a private landlord but pay only 30 percent of the monthly rental payment, with the rest paid to the landlord by HUD. In 2018, the HACSB provided 10,120 housing choice vouchers throughout San Bernardino County and 2,669 vouchers were issued to San Bernardino City residents.
Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts.
Assisted units convert to market rate when affordable housing contracts expire. In addition, many of the City’s affordable housing projects were assisted with project-based Section 8 contracts and a significant number of these units are considered at risk of converting to market-rate housing due to expiration of subsidy contracts. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status.
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HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years.
Does the availability of housing units meet the needs of the population? Findings in the data show that there is not enough adequate housing affordable to LMI households, especially for extremely low- and very low-income households. Affordable units accommodate only half the number of households in the 0-30 percent and 30-50 percent HAMFI categories, creating an insufficient amount of housing for households at these income levels.
There is a surplus of affordable units for households in the 50-80 percent and the 80-100 percent HAMFI categories.
Describe the need for specific types of housing:
According to data gathered through community outreach, there is a lack of single-family and other quality housing development. Existing housing stock is also in need of rehabilitation. The primary housing problem is affordability; households in the middle and lower-income categories have difficulty affording homeownership. A need for affordable rental housing is a top need but owner-occupied housing is considered one of the more critical housing needs in the community. The community outreach process also revealed a need for housing for persons with mental and physical disabilities.
The needs identified through community outreach are substantiated in the CHAS 2011-2015 data.
As shown in Table 29, Unit Size by Tenure, renters in the City outnumber homeowners by 13 percent.
Renters also tend to reside in smaller units: 3-bedroom units are occupied by owners by 2.18 times that of renters, whereas most no-bedroom, 1-bedroom, and 2-bedroom units are occupied by renters (69 percent).
Discussion
See discussion above
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MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction
Housing costs have the potential to cause housing problems in a community. If housing costs are high relative to household income, there will be a higher rate of cost burden and overcrowding. According to HUD, families who pay more than 30 percent of their income toward housing costs are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care. This section analyzes the cost of housing in the City of San Bernardino.
The City’s housing market has fluctuated greatly over the last ten years. During the 2000 Census, the median home value (MHV) in the City was $94,000; it then saw a steep increase during the housing boom of the 2000s, increasing 115 percent by 2009 to an MHV of $270,200. Soon after, the US went into the Great Recession and housing market crash, where homes across California were foreclosed on and the City saw the MHV drop. Although the MHV has continued to decrease, it is still 41 percent higher than it was before the housing boom in 2000, and wages in the area have not increased accordingly. In 2000, the median income in the City was $31,140, which would have allowed an average household to purchase a home without becoming cost burdened (less than 30 percent of their income). In 2015, the median income in the City was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened.
Based on the 2011-2015 ACS, the median income would be sufficient for a renter to afford $1,029 in housing costs per month, which includes rent and utilities, and not be cost burdened; 72 percent of the City’s renter population pays $999 or less per month.
Cost of Housing
Base Year: 2009 Most Recent Year: 2015 % Change
Median Home Value 270,200 159,800 (41%)
Median Contract Rent 780 813 4%
Table 29 – Cost of Housing
Data Source: 2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Rent Paid Number %
Less than $500 4,200 13.8%
$500-999 17,740 58.1%
$1,000-1,499 7,279 23.8%
$1,500-1,999 1,155 3.8%
$2,000 or more 180 0.6%
Total 30,554 100.0%
Table 30 - Rent Paid
Data Source: 2011-2015 ACS
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Housing Affordability
% Units affordable to Households
earning
Renter Owner
30% HAMFI 1,890 No Data
50% HAMFI 4,130 2,915
80% HAMFI 18,415 7,975
100% HAMFI No Data 11,994
Total 24,435 22,884
Table 31 – Housing Affordability
Data Source: 2011-2015 CHAS
Monthly Rent
Monthly Rent ($) Efficiency (no
bedroom)
1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom
Fair Market Rent 0 0 0 0 0
High HOME Rent 0 0 0 0 0
Low HOME Rent 0 0 0 0 0
Table 32 – Monthly Rent
Data Source Comments:
Is there sufficient housing for households at all income levels? Findings in the data show that there is not enough adequate housing affordable to LMI households, especially for extremely low- and very low-income households. Overall, affordable units accommodate only half the number of households in the 0-30 percent and 30-50 percent HAMFI categories, creating an insufficient amount of housing for households at these income levels.
According to the CHAS 2011-2015 data, approximately 13,335 households are at 0-30 percent AMI, yet there are only 1,890 rental units available that are affordable to these households (no data is available on homeowner units).
For the approximately 9,795 households in the City that are at 30-50 percent AMI, 4,130 rental units are affordable, and 2,915 units are affordable for ownership.
There is a surplus of affordable units for some of the 10,630 households in the 50-80 percent HAMFI bracket: there are approximately 18,415 rental units and 7,975 ownership units affordable to these households.
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The same is true of the 6,275 households in the City that are in the 80-100 percent HAMFI bracket: there are 11,994 units that are affordable to households earning 100 percent HAMFI, again, creating a surplus of affordable units for households in this range.
How is affordability of housing likely to change considering changes to home values and/or rents?
As illustrated in the table below, home prices in the City of San Bernardino are low compared to those of the state. However, the median single-family home price has increased by approximately 23 percent between January 2016 and January 2019, which is similar to both the County of San Bernardino (24 percent increase) and the state of California as a whole (23 percent increase), during that same time period.
According to the ACS 2015-2018 5-Year Estimates, the majority of renters have consistently spent between $500 and $1,499 between 2015 and 2018; renters spending between $1,500 to $1,999 doubled during the same time period. Overall, San Bernardino is experiencing an increase in rental housing costs. Between 2015 and 2018, the median rent increased from $976 to $1,068. As shown in the table below, both the lowest cost categories (up to $999) and the highest cost categories ($2,000- $2,999) decreased as a percentage of the rental market.
Based upon market data for home prices and rental units, it can be expected that costs will increase, by small percentages.
How do HOME rents / Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? The median gross rent for San Bernardino, according to the ACS 2018 1-Year Estimate, was $1,068; however, the HUD fair market rent for a three-bedroom is higher at $1,717.
According to the number of units available, there is a need to develop affordable units for extremely low- to very low-income households. HUD defines cost burden as 30 percent or more of family’s household income spent on housing costs, including utilities. Affordable housing cost then would be 30 percent or less of a household’s income. The HAMFI for the Riverside-San Bernardino-Ontario, CA MSA is $69,700. Affordable rent for a family of four, earning 80 percent of the area median family income, or $55,760, would be $1,436; for a family earning a very low income of 35,900, $894; and for a family earning extremely low income of 25,750, $644. A strategy to address affordable housing needs would be to put HOME and CDBG dollars toward affordable housing construction for extremely low- and very low- income households.
Discussion
See discussion above.
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MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) Introduction
This section of the ConPlan discusses existing housing supply, age and condition of housing, the number of vacant and abandoned units, and the risk posed by lead-based paint.
As discussed in MA-10, 61 percent of the housing stock in the City of San Bernardino is single-family detached. Multiunit structures make up the second highest percentage at 19 percent of housing stock.
As is common in many cities in the nation, most residential development in the City occurred between 1950 and 1979.
The following section describes the conditions of the housing stock in the City. HUD defines housing “conditions” similarly to the definition of housing problems discussed in the Needs Assessment. These conditions are:
1. More than one person per room;
2. Cost burden greater than 30 percent;
3. Lack of complete plumbing; and
4. Lack of complete kitchen facilities.
Definitions
In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value.
Condition of Units
Owner-Occupied Renter-OccupiedCondition of Units
Number % Number %
With one selected Condition 10,325 38% 16,544 54%
With two selected Conditions 1,080 4% 4,305 14%
With three selected Conditions 10 0% 160 1%
With four selected Conditions 0 0% 20 0%
No selected Conditions 15,620 58% 9,515 31%
Total 27,035 100% 30,544 100%
Table 33 - Condition of Units
Data Source: 2011-2015 ACS
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Year Unit Built
Owner-Occupied Renter-OccupiedYear Unit Built
Number % Number %
2000 or later 2,265 8% 1,530 5%
1980-1999 6,644 25% 8,275 27%
1950-1979 12,720 47% 15,580 51%
Before 1950 5,405 20% 5,155 17%
Total 27,034 100% 30,540 100%
Table 34 – Year Unit Built
Data Source: 2011-2015 CHAS
Risk of Lead-Based Paint Hazard
Owner-Occupied Renter-OccupiedRisk of Lead-Based Paint Hazard Number % Number %
Total Number of Units Built Before 1980 18,125 67% 20,735 68% Housing Units build before 1980 with children present 4,650 17% 1,905 6% Table 35 – Risk of Lead-Based Paint
Data Source: 2011-2015 ACS (Total Units) 2011-2015 CHAS (Units with Children present) Vacant Units
Suitable for
Rehabilitation
Not Suitable for
Rehabilitation
Total
Vacant Units 3,570 0 3,570
Abandoned Vacant Units 0 0 0
REO Properties 193 0 193
Abandoned REO Properties 0 0 0
Table 36 - Vacant Units
Alternate Data Source Name:
Vacant Unit Data
Data Source Comments: Vacant Units, 2017 ACS 1-Year EstimatesSan Bernardino, CA REO, Realtytrac.com, January 27, 2020 Need for Owner and Rental Rehabilitation
Most occupied units were built before 1980. Sixty-eight percent of renter-occupied units and 67 percent of owner-occupied units were built prior to 1980. For units built between 1950 and 1979, renters outnumber owners by nearly 25 percent. The disproportionate share of renters that occupy older units could indicate a more urgent need for the rehabilitation of rental units in the City. The high percentage of older units, both owned-occupied and renter-occupied, indicates the potential need for rehabilitation for both.
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Estimated Number of Housing Units Occupied by Low or Moderate Income Families with LBP Hazards
To estimate the number of housing units in the City with lead-based paint (LBP) hazards that are occupied by LMI families, the building age of each unit is evaluated. The use of LBP on residential units was prohibited after 1978, but for the sake of this plan, the number of units built before 1980 will be used to determine how many LMI households are at risk of LBP hazards.
The 2011-2015 ACS data in Table 36 shows that approximately 38,860 units in San Bernardino were built before 1980 and could be at risk of LBP.
Based upon the 2012-2016 CHAS data, approximately 31,062 residential units built prior to 1980 are occupied by LMI families and are at risk of exposure to LBP hazards.
Discussion
The City will continue to develop policies to rehabilitate older and abandoned housing in the City in an effort to fulfill its Regional Housing Need Allocation (RHNA) obligation and provide housing to LMI households.
The City will continue efforts to reduce LBP hazards in housing constructed prior to 1978 and assisted through the Owner-Occupied Residential Rehabilitation Program by testing for LBP. If LBP is found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation. All City procedures for the prevention of LBP poisoning when working on residential structures will comply with 24 CFR Part 35.
The City still has several abandoned homes that have been foreclosed, have deteriorated, and have been vandalized. In Ward 1, there is a focus on the City’s Single-Family Unit Acquisition and Rehabilitation program, but foreclosed homes citywide are eligible properties. The City has identified providers, including Housing Partners 1, Inc. and Neighborhood Housing Service of the Inland Empire, to rehabilitate, manage, market, and close the sale of foreclosed homes.
The vacant unit table found in this section only includes the number of vacant units and REO units. The City has not completed a recent housing conditions study to determine which units are not suitable for rehabilitation. As properties are rehabilitated using CDBG and HOME funds each is evaluated to determine whether it is suitable for rehabilitatioin.
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MA-25 Public and Assisted Housing – 91.210(b)
Introduction
The HACSB is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. Currently, the HACSB does not anticipate awarding new project-based vouchers.
Totals Number of Units
Program Type
Vouchers
Special Purpose Voucher
Certificate Mod-Rehab Public
Housing Total Project -based Tenant -based
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
# of units vouchers
available 0 0 1,321 8,678 552 8,126 352 1,109 834
# of accessible units
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 37 – Total Number of Units by Program Type
Data Source: PIC (PIH Information Center)
Describe the supply of public housing developments:
Describe the number and physical condition of public housing units in the jurisdiction, including those that are participating in an approved Public Housing Agency Plan:
Under the FY12 HUD appropriations act, the Rental Assistance Demonstration (RAD) program allows public housing agencies (PHAs) to convert their public housing units from their original sources of HUD financing to project-based Section 8 contracts. Similar to the Section 8 Housing
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Choice Voucher (HCV) program, income eligible tenants pay 30 percent of their income and the project-based rental assistance makes up the difference between what an extremely low-, low-, or very low-income household can afford and the approved rent for the unit. Tenants would have the option of applying to renew the Section 8 contract. As of FY 2020, all public housing units under the HACSB will be converted to project- based vouchers, commonly referred to as Section 8 units. Planned existing project-based voucher properties include:
•Family Community, New Development – 333 units
•Family Community, Existing Development – 434 units
•RAD Conversion, Existing Public Housing Community – 1,003 units •Senior Community, Existing Development – 349 units
•Family & Senior Community, New Development – 11 units
•Veterans’ Housing, New Development – 37
•Permanent Supportive Housing for Chronically Homeless – 69 •Veterans’ Housing, Scattered Sites – 12
In June 2018, the City of San Bernardino received $20 million from the state’s Strategic Growth Council through the California Affordable Housing and Sustainable Communities program. The funding has been prioritized to revitalize the Arrowhead Grove neighborhood, formerly the Waterman Gardens Public Housing site, and the adjacent corridor. The project will include 147 affordable housing units and 36 market-rate units, along with pedestrian and transit improvements that will benefit the community at large. The National Community Renaissance (National CORE), an affordable housing developer, has partnered with the HACSB for the project.
As mentioned above, all units under the HACSB will be converted to project-based vouchers, commonly referred to as Section 8 units. The primary benefit of RAD is that properties that convert under this process are no longer restricted from securing private sources of capital financing, and the owners are therefore able to address deferred maintenance issues that have caused public housing and other HUD rental stock to deteriorate nationwide. HACSB refers to housing projects as Asset Management Projects (AMPs). The initial phase of the RAD conversion included rehabilitation at the following sites:
•97 scattered site units in AMP 120
•330 units in AMP 130 (Maplewood Homes)
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•75 units in AMP 150 (Brockton site 19-05)
•50 units in AMP 160 (Monte Vista site 19-06)
In September 2018, the second phase of the RAD conversion of public housing units closed and rehabilitation work identified under the RAD physical needs assessments commenced. The second phase of the conversion included the following sites:
•12 scattered site units in AMP 150 (E. 9th Street)
•125 units in AMP 160 (Colton sites 19-04 & 19-10)
•217 units in AMP 170 (Barstow sites 19-07, 19-12, 19-13 and Deseret) All public housing units have been converted through RAD and therefor there are no public housing units in the City.
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Public Housing Condition
Public Housing Development Average Inspection Score
Table 38 - Public Housing Condition
Describe the restoration and revitalization needs of public housing units in the jurisdiction:
The HACSB has received approval under HUD’s RAD program and has converted its entire public housing portfolio. As of FY 2020, all units have been or will be converted to project-based vouchers, commonly referred to as Section 8 units.
Describe the public housing agency's strategy for improving the living environment of low- and moderate-income families residing in public housing:
The HACSB works to facilitate opportunities for families and individuals to become self-sufficient and financially independent so that they can transition from dependency on housing subsidy through the following strategies:
•Develop and maintain policies, programs, and services that foster accountability, responsibility, and economic independence.
•Partner with external organizations to support clients in acquiring life skills, education, and training.
•Strengthening tenants’ personal accountability and in transitioning to home ownership/market rentals
In addition to implementing non-MTW activities to address the goal of self-sufficiency, the HACSB has implemented nine MTW activities that address this goal: Local Policies for Portability, Elimination of Earned Income Disallowance, Minimum Rent, Pilot Work Requirement, Local Income Inclusion, implementation of a local Family Self Sufficiency program, Term-Limited Lease Assistance Program, No Child Left Unsheltered, and Transition for Over-Income Families Discussion:
Over 10,700 housing vouchers are currently active countywide, of which there are approximately 2,600 voucher holders in the City of San Bernardino. Approximately 37 percent of the voucher holders have requested accessible units or features. The majority of voucher holders have a tenant-based vouchers.
Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. There is a need for applicant assistance in the housing program application process as well as finding property owners that will accept vouchers.
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The Housing Choice Vouchers program is unable to accommodate all low-income households. There is a housing gap of 11,445 units for households earning between 0 to 30 percent AMI as well as a housing gap of 2,750 units for households earning between 30 to 50 percent AMI. Hispanic and Black/African American households are the most prevelent cost burdened populations.
Assisted units sometimes convert to market rate units when affordable housing contracts expire. Many of the City’s affordable housing projects that are assisted with project-based Section 8 contracts are considered at risk of converting to market-rate housing due to expiration of subsidy contracts.
Specifically, a total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status.
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MA-30 Homeless Facilities and Services – 91.210(c)
Introduction
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 to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs.
Facilities and Housing Targeted to Homeless Households
Emergency Shelter Beds Transitional
Housing Beds
Permanent Supportive Housing
Beds
Year Round Beds
(Current & New)
Voucher /
Seasonal /
Overflow Beds
Current & New Current & New Under
Development
Households with Adult(s) and
Child(ren) 252 17 145 695 0
Households with Only Adults 176 0 101 833 0
Chronically Homeless Households 0 0 0 652 0
Veterans 29 0 5 712 0
Unaccompanied Youth 5 0 0 3 0
Table 39 - Facilities and Housing Targeted to Homeless Households Data Source Comments: 2019 San Bernardino City and County CoC Housing Inventory Count
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Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons 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.
List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP-40 Institutional Delivery Structure or screen MA-35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations.
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:
•Catholic Charities San Bernardino
•High Desert Homeless Services, Inc.
•Victor 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 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.
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MA-35 Special Needs Facilities and Services – 91.210(d) Introduction
There are 39 adult residential facilities in the City of San Bernardino. Such facilities provide safe and secure places for the elderly and persons with disabilities to stay while their primary caretakers work or run errands. In January 2020, there were 60 licensed adult residential facilities in the City with the capacity to accommodate a total of 835 persons.
Residential care facilities for the elderly are family homes, group care facilities, or other similar facilities in which non-medical care is provided 24 hours per day to support daily activities and ensure personal security of the elderly. There are 24 residential elder care facilities in the City that accommodate 505 persons.
Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV/AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs
Elderly. Elderly persons may have special housing needs primarily due to income, health care costs, and physical or mental disabilities, particularly those that tend to increase with age. As a result, the elderly may face difficulty in finding housing and may become victims of housing discrimination or fraud.
According to the 2011-2015 ACS, approximately 15,302 persons 62 years and older reside in the City, representing seven percent of the total population. The senior population is growing at a faster pace than the overall population. According to the ACS, between 2010 and 2017, the total number of elderly persons in San Bernardino increased by more than 12 percent while the City’s total population increased by only 2.5 percent.
Persons with Disabilities. Persons with disabilities frequently have special housing needs, often related to a potentially limited ability to earn enough income, a lack of accessible and affordable housing, and higher health costs associated with a disability. Persons with self-care and mobility limitations may also require housing design features such as wheelchair ramps, grab bars, special bathroom designs, and/or wider doorway openings.
According to the ACS 2014-2018 5-Year Estimates, 12.5 percent of San Bernardino residents reported a disability, a decrease from the 2009-2013 estimates, which estimated that 13.2 percent of the population had one or more disabilities.
Approximately 16.5 percent of those between the ages of 35 to 64 reported having a disability.
Approximately 38.5 percent of those between the ages of 65 to 74 reported having a disability, which is approximately 8 percent higher than the County level. For those 75 years and older, 60.9 percent of the population reported having a disability, which is approximately 5 percent higher than the County level.
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A major challenge facing the City is the availability of housing stock with accessible features that meet the needs of disabled residents and their families. The ACS 2014-2018 5-Year estimates showed that
14.2 percent, or 2,586, residents above the age of 65 were living below the poverty level. Living below the poverty level further limits resources and puts an additional constraint on the already limited housing options available to seniors with a disability.
Community outreach also revealed a need for housing programs with mental health services for people with mental and physical disabilities.
Drugs/Alcohol. The County of San Bernardino provides alcohol and drug services through the Substance Use Disorder and Recovery Services (SUDRS) program. Services are available to all County residents.
Additionally, Supervised Treatment After Release (STAR) is the treatment component of the Mental Health Court System of Care. Individuals are generally referred while incarcerated in the West Valley Detention Center. STAR arranges for:
•Day treatment
•Intensive case management
•Residential placement
•Drug and alcohol treatment
•Periodic court reviews
HIV/AIDS. The National Commission on AIDS states that up to half of all Americans with HIV or AIDS are either homeless or at imminent risk of becoming homeless because of their illness, lack of income or other resources, and having a weak support network. Persons with HIV/AIDS may also require a broad range of services, including counseling, medical care, in-home care, transportation assistance, and food provision.
Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing
The City has worked with St. Bernadine Hospital to transition homeless individuals who are being discharged from the hospital into transitional housing and ultimately transition into permanent housing.
The City will continue to support the regional Continuum of Care’s efforts to implement the San Bernardino County 10-Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that state and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. To meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons from being discharged into homelessness. The City has provided ESG funding to Step Up on Second (Step
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Up) for essential service referrals and housing placement services to homeless and near-homeless persons. Step Up also provides daily street outreach to the most service-resistant homeless population in San Bernardino.
Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. 91.315(e)
Through CDBG, ESG, and other available resources, the City traditionally funds organizations that provide services to residents in need. Such funding support includes ADA accessibility for public spaces and service organizations providing assistance and referrals to low-income persons in need of various supportive services. In 2020-2021 the City intends to fund several affordable housing initiatives including the development of new affordable rental housing (100 units), expand home ownership opportunties to eligible LMI households through its Infill Housing Program (4 new units) and its First Time Home Ownership Program (2 existing units), rental housing rehabilitation (239 units), and through fair housing assistance which will help over 2,000 property owners and tenants citywide. The City prioritizes families whose household income is extremely low and low income income.
For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) See above discussions.
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MA-40 Barriers to Affordable Housing – 91.210(e)
Negative Effects of Public Policies on Affordable Housing and Residential Investment The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs.
The high cost of affordable housing and residential investment can be contributed to the following:
Lack of Affordable Housing Funds: Funding for affordable housing usually comes from the government at the local, state, or federal levels or from nonprofit organizations specializing in the construction of affordable housing. Before 2012, redevelopment had the ability to borrow against future property tax revenue in order to finance capital projects and address blight; 20 percent of redevelopment money was required to be allocated toward affordable housing. Due to state budgetary problems, redevelopment agencies were dissolved. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects.
Environmental Review: Environmental review can be a long process and is expensive if extensive environmental review is required under the California Environmental Quality Act (CEQA) or the National Environmental Policy Act. Additionally, if a developer is applying to rezone an area or parcel, an amendment to the General Plan or Zoning Ordinance is required, which is a project under CEQA. Such an amendment requires environmental review, which can become a long and even political process that can slow or even stop the development of projects.
Site Improvements: Many parts of the City of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City.