Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 02, 2024
3:30 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran
Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa
Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett
Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 3845002 TWO
WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR
REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup .
Select the corresponding year and meeting date folders to view documents.
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
3:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION Pg. 10
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Abel RodriguezGarcia v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB24074
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager
D) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee
Unrepresented employee: City Manager
E) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9:
one case.
F) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8)
i. Property: Carousel Mall Property, 43 acres Agency Negotiator: City Manager, or designee
Negotiating Parties: Enterprise District Development Group Under Negotiation: Price and Terms
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Proclamation for Breast Cancer Awareness Month in the City of San Bernardino October 2024 (All Wards) Pg. 12
2. Proclamation for Hispanic Heritage Month in the City of San Bernardino – September 15 October 15, 2024 (All Wards) Pg. 14
3. Entrepreneurial Resource Center (ERC) Impact Report for 2023/2024 (All Wards) Pg. 17
PUBLIC HEARING
4. CCB 240001 Request to Amend Commercial Cannabis Business Permit CBP 22005 to provide GWC Real Estate Services, LLC a Change in Location from 741 S. Lugo Ave., Suites B F to 741 S. Lugo Ave., Suites A F. (Ward 3) Pg. 27 Recommendation:
It is recommended that the Mayor and City Council approve the Commercial Cannabis Business Permit Location Change Request for GWC Real Estate Services, LLC.
CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CONSENT CALENDAR
5. Approval of Various Mayor and City Council Meeting Minutes Pg. 53 Recommendation:
It is recommended that the Mayor and City Council of the Ciy of San Bernardino, California, approve the Meeting Minutes for the following dates:
1. Mayor and City Council Special Closed Session Meeting July 15, 2020
2. Mayor and City Council Special Meeting December 21, 2022
6. Adoption of Public Records Request Policy (All Wards) Pg. 61 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024207 approving a policy formalizing existing procedures for processing Public Records Act requests.
7. FY20242025 Emergency Solutions Grant (ESG), Community Development Block Grant (CDBG), and HOME Grant Subrecipient Agreements Pg. 74 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve FY202425 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army.
Mayor and City Council of the City of San Bernardino Page 4
2. Approve FY202425 Community Development Block Grant (CDBG) Subrecipient Agreements with Inland Fair Housing and Mediation Board (IFHMB), San Bernardino Police Department, San Bernardino Public Works Department, and El Sol.
3. Approve FY2024 25 HOME Investment Partnerships Program (HOME) Subrecipient Agreement with Neighborhood Partnerships Housing Services (NPHS).
8. Adoption of Ordinance No. MC1643 – 2nd Reading of 2022 Building Code (All Wards) Recommendation: Pg. 201
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC1643 approving new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.
9. Revised Arrowhead Grove Phase IV Affordable Housing Project Conditional Funding Commitment (Ward 2) Pg. 297
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024208 of the Mayor and City Council of the City of San Bernardino, California, approving a revised HOME Investment Partnership Program Conditional Funding Commitment for Arrowhead Grove Phase IV, an affordable housing project; and
2. Authorize the City Manager, or designee, to take any further actions and execute any further agreements or documents as necessary including minor and substantive changes.
10. Lease Agreement with Casa Ramona, Inc., Regarding 1543 W. 8th Street, for an Interim Animal Shelter Supportive Services Center (Ward 1) Pg. 340 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024209:
1. Approving the Lease Agreement with Casa Ramona, Inc. for 1543 W 8th Street, San Bernardino, California, for an Interim Animal Shelter Supportive Services Center; and
2. Authorize the City Manager to execute the Lease Agreement between the City of San Bernardino and Casa Ramona, Inc.
11. Irrevocable Agreement to Annex No. 2024381 (Ward 5) Pg. 358 Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024210 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 1148 West 41st Street, San Bernardino, California (APN: 026515162), within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Mayor and City Council of the City of San Bernardino Page 5
12. Lease Assignment and Estoppel for 295 E. Club Center Drive (Parking Lot Lease No. 15.06136) (Ward 3) Pg. 373
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to:
1. Execute an Assignment and Assumption Agreement, authorizing the assignment of Parking Lot Lease No. 15.06136 from CCI Club SB, LLC, to 295 Club Center LLC; and
2. Execute an Estoppel Certificate certifying the status of Parking Lot Lease No. 15.06 136.
13. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for July and August 2024 (All Wards) Pg. 416
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements and purchase card transactions for July and August 2024.
14. Purchase of Armored Rescue Vehicle (All Wards) Pg. 522 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:
1. The City Manager or designee to sign and execute a purchase agreement with Lenco Industries;
2. The Director of Finance and Management Services to issue a purchase order in the amount of $387,567.96 to Lenco Industries.
DISCUSSION
15. Amendment to the Citywide Classification and Compensation Plan and Organizational Restructure Pg. 546
Recommendation:
Adopt Resolution No. 2024211 of the Mayor and City Council of the City of San Bernardino, California, amending the Classification and Compensation Plan by delegating authority to the City Manager to establish, fix and alter job classifications including titles, descriptions, compensation and number of positions in the Classification and Compensation Plan as needed, subject to the total personnel expenditure budget limitations approved by the City Council.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
16. Elected Officials Compensation Advisory Commission (All Wards) Mayor Tran Pg.556
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on November 6, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Mayor and City Council of the City of San Bernardino Page 6
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 2, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, September 27, 2024.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 7 NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.
Mayor and City Council of the City of San Bernardino Page 8 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments.
Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to eac h member of the public, unless such time limit is extended by the Mayor and City C ouncil and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 9 ALTERNATE MEETING VIEWING METHOD:
If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3).
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
Written comments can be emailed to [email protected]. Written public comments received up to 2:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .
Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:00 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.
MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M.to discuss specified items.”
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Abel Rodriguez-Garcia v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2407406
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item
C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
Title: City Manager
D) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee
Unrepresented employee: City Manager
E) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9: one case.
F) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8)
i. Property: Carousel Mall Property, 43 acres
Agency Negotiator: City Manager, or designee
Packet Page. 10
Negotiating Parties: Enterprise District Development Group Under Negotiation: Price and Terms
Packet Page. 11
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Breast Cancer Awareness Month in the City of San Bernardino - October 2024 (All
Wards)
Packet Page. 12
PROCLAMATION OF THE
MAYOR AND CITY COUNCIL
OBSERVING OCTOBER 2024, AS
BREAST CANCER AWARENESS MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, breast cancer is one of the most common cancers among women in the United States, with approximately 1 in 8 women diagnosed during their lifetime, and though rare, it also affects men; and
WHEREAS, early detection, regular screenings, and advancements in medical treatment have significantly improved survival rates, offering hope and a greater chance of recovery for those diagnosed; and
WHEREAS, the City of San Bernardino proudly acknowledges the incredible work of Dignity Health - Community Hospital of San Bernardino and St. Bernardine Medical Center for their dedication to providing compassionate care, critical resources, and education for those affected by breast cancer in our community; and WHEREAS, the efforts of these medical centers extend beyond treatment, providing a lifeline of support through Breast Cancer Fighters and Survivors support groups, where those diagnosed can find strength, guidance, and comfort in a network of individuals who share similar journeys; and
WHEREAS, during Breast Cancer Awareness Month, we honor the courageous survivors who have battled breast cancer, the individuals currently fighting this disease, and the loved ones who support them. Their resilience serves as a powerful reminder of the importance of continued research, awareness, and advocacy for the eradication of breast cancer; and
WHEREAS, the City of San Bernardino remains committed to raising awareness of breast cancer prevention, supporting early detection programs, and promoting comprehensive care for all affected in our community, while continuing to champion the tireless efforts of healthcare professionals who work to save lives every day.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor & City Council of San Bernardino do hereby proclaim the month of October as Breast Cancer Awareness Month in the City of San Bernardino. We encourage all citizens to join in recognizing and supporting the invaluable contributions of Dignity Health - Community Hospital of San Bernardino and St. Bernardine Medical Center, and the Breast Cancer Fighters and Survivors support groups, as we work together toward a future free of breast cancer.
Presented on this 2nd Day of October 2024
Packet Page. 13
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Hispanic Heritage Month in the City of San Bernardino – September 15 - October 15, 2024
(All Wards)
Packet Page. 14
PROCLAMATION OF THE
MAYOR AND CITY COUNCIL
PROCLAIMING
SEPTEMBER 15 - OCTOBER 15, 2024,
AS HISPANIC HERITAGE MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, Hispanic Heritage Month is celebrated annually from September 15 to October 15, recognizing the rich cultural contributions of Hispanic and Latino Americans to the fabric of our nation; and
WHEREAS, the Hispanic community represents a vibrant part of San Bernardino, contributing to our city’s diversity, culture, economy, and leadership in various sectors, including education, arts, business, and public service; and WHEREAS, the origins of Hispanic Heritage Month date back to 1968, when President Lyndon B. Johnson first proclaimed Hispanic Heritage Week, which was later expanded to a month-long celebration in 1988 by President Ronald Reagan; and WHEREAS, the dates for Hispanic Heritage Month are significant as they mark the independence anniversaries of several Latin American countries, including Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Mexico, and Chile, all of which are celebrated within this time frame; and
WHEREAS, Hispanic and Latino Americans have made significant contributions to our nation’s history and continue to play a critical role in shaping the future of the United States, especially here in San Bernardino; and
WHEREAS, the City of San Bernardino recognizes the important role of the Consulado de México in San Bernardino, which actively supports the local Hispanic community through its advocacy, educational programs, and consular services, helping Mexican nationals and their families navigate issues such as immigration, education, and economic empowerment, thus fostering growth and cooperation between the United States and Mexico; and
WHEREAS, Hispanic Heritage Month provides an opportunity to celebrate and honor the many achievements and sacrifices of Hispanic individuals, whose heritage includes ancestors from Spain, Mexico, the Caribbean, Central America, and South America; and
WHEREAS, the City of San Bernardino recognizes the invaluable role that Hispanic residents, community leaders, and organizations, such as the Consulado de México, play in the development, unity, and progress of our city, contributing to its economic growth, cultural vitality, and social enrichment.
Packet Page. 15
NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council of San Bernardino do hereby proclaim September 15 – October 15, 2024, as Hispanic Heritage Month in the City of San Bernardino and encourage all residents to join in recognizing and celebrating the contributions of Hispanic and Latino communities, along with the work of the Consulado de México, to our city and our nation.
Presented on this 2nd Day of October 2024
Packet Page. 16
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Entrepreneurial Resource Center (ERC) Impact Report for 2023/2024 (All Wards)
Packet Page. 17
Packet Page. 18
Packet Page. 19
•
•
•
•
•
•
Packet Page. 20
NOV 2023 - JULY
2024
Packet Page. 21
•
•
•
•
•
•
•
•
•
Packet Page. 22
Packet Page. 23
Packet Page. 24
•
•
•
Packet Page. 25
Packet Page. 26
2 3
1 0
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and Housing Department
Department: Community Development & Housing
Subject: CCB 24-0001- Request to Amend Commercial Cannabis Business Permit CBP 22-005 to provide GWC Real Estate
Services, LLC a Change in Location from 741 S. Lugo
Ave., Suites B - F to 741 S. Lugo Ave., Suites A - F. (Ward 3)
Recommendation
It is recommended that the Mayor and City Council approve the Commercial Cannabis Business Permit Location Change Request for GWC Real Estate Services, LLC.
Executive Summary
The Commercial Cannabis Business Application (CCB) 24-0001 is a request for relocation to facilitate the expansion of an existing cannabis cultivation operation into an adjacent vacant suite at 741 S. Lugo Ave. In accordance with the requirements of the Commercial Cannabis Ordinance MC-1503, CCB 24-0001 has fulfilled all necessary criteria for approval.
Background
On February 21, 2019, Mayor and City Council awarded sixteen (16) Commercial Cannabis Business (CCB) Permits covering several different license types. GWC Real Estate Services, LLC (dba Joshua’s Healing Garden) was awarded a CCB permit for a Cultivation Facility to be located at 741 S. Lugo Ave., Suites B-F.
On June 27, 2024, Woodrow Wong for GWC Real Estate Services, LLC submitted CCB application 24-0001, (Attachment 1), for a change in location from 741 S. Lugo Ave., Suites B-F to 741 S. Lugo Ave., Suites A-F.
Packet Page. 27
2 3
1 0
Discussion
Pursuant to Section 5.10.200(g) of the City of San Bernardino Municipal Code, a permit holder is required to apply for an amendment to its permit in order to change the location. Therefore, GWC Real Estate Services, LLC, as the permit holder, has submitted an application in order to amend the location pursuant to the process and fees set forth in Section 5.10.090 as required by 5.10.200(g).
Staff has reviewed the location change request and determined that it meets all requirements set forth in Chapter 5.10 of the City of San Bernardino Municipal Code.
Additionally, pursuant to Section 5.10.180(c) (Noticing Requirements) of the City of San Bernardino Municipal Code, a Notice of Public Hearing was sent to all property owners located within a 600-foot radius of the proposed business location. Finally, as required by Section 5.10.180(i) the applicant paid fees of $5,918.00.
Business Analysis
GWC Real Estate Services, LLC (dba Joshua’s Healing Garden), originally approved under CCB 19-0039, has been open and in operation since December 22, 2022. They have been a successful Cannabis Cultivation Facility and have shown interest in expanding their business to include a larger facility footprint and additional space for non-cannabis office space and internal storage. The new space will include washrooms, training offices, and other needs for the business.
The applicant has made improvements to the existing industrial building, where it currently operates as Joshua’s Healing Garden, prior to and since the opening of the business. The improvements include new fencing along the perimeter in order to increase security, exterior façade improvements, and interior tenant improvements to the vacant suites (B and E).
Ultimately, the intent of the applicant is to expand the existing business by combining Suites B through E with Suite A to create one facility. 2021-2025 Strategic Targets and Goals
The Commercial Cannabis Business Application is consistent with Key Target No 1:
Improved Operational & Financial Capacity. Specifically, legal and permitted commercial cannabis activities will allow the City to capture cannabis revenue.
Fiscal Impact
There is no net fiscal impact with this item. Commercial Cannabis Business Permit applicants are required to pay an application fee to recover the City’s costs for processing.
Conclusion
It is recommended that the Mayor and City Council approve the Commercial Cannabis Business Permit Location Change Request for GWC Real Estate Services, LLC.
Packet Page. 28
2 3
1 0
Attachments
Attachment 1 Commercial Cannabis Business (CCB) 24-0001 Application Attachment 2 CCB 24-0001 Proposed Modification Site Plan Attachment 3 Proof of Publication
Attachment 4 CCB 24-0001 Power Point Presentation Ward:
Third Ward
Synopsis of Previous Council Actions:
On February 21, 2019, the Mayor and City Council approved CCB19-0039.
Packet Page. 29
Packet Page. 30
Packet Page. 31
Packet Page. 32
Packet Page. 33
Packet Page. 34
Packet Page. 35
Packet Page. 36
Packet Page. 37
Packet Page. 38
Packet Page. 39
Packet Page. 40
Packet Page. 41
Packet Page. 42
Packet Page. 43
Packet Page. 44
2024 Cannabis Update
Presented by: Gabriel Elliott, Community Development & Housing Director Stephanie Castro, Economic Development Project Manager
Packet Page. 45
Project
• Pursuant to Section 5.10.200(g) of the City of San Bernardino Municipal Code, a permit holder is required to apply for an amendment to its permit in order to change the location
• CCB 24-0001 - Request to Amend Commercial Cannabis Business Permit CBP 22-005 to provide GWC Real Estate Services, LLC a Change in Location from:
• 741 S. Lugo Ave., Suites B – F to
• 741 S. Lugo Ave., Suites A – F
• GWC Real Estate Services will be expanding into Suite A • Offices, Training Rooms, Storage, Restrooms
• Industrial Light (IL) Zone
Packet Page. 46
Aerial Map
PROJECT SITE
Packet Page. 47
Zoning Map
PROJECT SITE
Packet Page. 48
Existing Site
Packet Page. 49
Proposed Expansion / Relocation
Expansion
Existing
Packet Page. 50
Recommendation:
It is recommended that the Mayor and City Council approve the Commercial Cannabis Business Permit (CCB 24-0001) Location Change for GWC Real Estate Services.
Packet Page. 51
QUESTIONS?
Packet Page. 52
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Meeting Minutes for the following dates:
1. Mayor and City Council Special Closed Session Meeting July 15, 2020
2. Mayor and City Council Special Meeting December 21, 2022 Packet Page. 53
MINUTES
For the
Study Session Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, JULY 15, 2020
4:00 PM
Study session was called to order at 4:00 PM by Mayor John Valdivia on Wednesday, July 15, 2020, via tele-conference, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Henry Nickel Council Member, Ward 5 Late 4:06pm
Bessine L. Richard Council Member, Ward 6 Present
James Mulvihill Council Member, Ward 7 Present
John Valdivia Mayor Present
Teri Ledoux City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha Acting City Clerk Present
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Henry Nickel
Bessie L. Richard
James Mulvihill
Packet Page. 54
Study Session Meeting Draft Minutes July 15, 2020
Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
There was no invocation or pledge of allegiance held.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Treasure Ortiz stated that there was an option to sell the City Hall so that it could be a functioning building again.
STUDY SESSION
1) Discussion on the City Hall Assessment and Other City Facilities City Staff provided a presentation on the assessment of the City Hall and other city facilities.
Council Member Nickel asked if the baseball stadium was sold. City Manager Teri Ledoux reported that the city had acquired the stadium. Council Member Nickel stated that there were other financing options, and he asked for all potential options to be considered. He stated that they needed to look at other ways to finance. He read a public comment into the record discussing the other financing methods. Council Member Nickel stated that he did not believe the city could keep up City Hall and it should be sold. He asked what the current assessment was. City staff reported that an appraisal still needed to be done.
City Attorney Sonia Carvalho stated that the labor code stated that if the improvements were paid for in whole or in part out of public funds, prevailing wages applied. That included direct payment by the city, a transfer of land, or the payment of rent. Almost any alternative would require a payment of wages for the project.
Mayor Valdivia stated that the project management would be offloaded with a partnership.
He discussed that it was an important decision, and there could be an opportunity for the Downtown Renaissance plan to be funneled in. He stated that staff also needed to provide direction.
Council Member Mulvihill discussed that a partnership was necessary. He asked if there was a partnership with a private developer if it would kick in the prevailing wage. City Attorney Sonia Carvalho stated that it was dependent on whether the government was subsidizing the project at all. Council Member Mulvihill suggested a public-private partnership to cut down on costs.
Council Member Figueroa stated that the public-private partnership should be an option, and he discussed the current location possibly joining a land swap.
Packet Page. 55
Study Session Meeting Draft Minutes July 15, 2020
Mayor and City Council of the City of San Bernardino Page 3 City Manager Teri Ledoux stated that no motion was needed, but she suggested that the Council direct staff to look at appraisals and the public-private partnerships. She stated that it was possible someone would need to be hired to lead the process.
Council Member Shorett raised concerns about the market for selling commercial properties. He discussed the Carousel Mall and stated that they were close on a couple of the proposals.
Council Member Nickel recommended creating an ad hoc committee to further look at options.
Mayor Valdivia discussed that the prices were astronomical and that appraisals were needed.
Council Member Ibarra asked how much the cost of demolishing only was. Deputy Director of Public Works Alex Qishta reported that it was $2.5 million. Council Member Ibarra suggested having workshops rather than bringing the issue to an ad hoc committee.
Mayor Valdivia agreed with Council Member Ibarra on having workshops.
Council Member Richard agreed with Council Member Ibarra and discussed the potential for public-private partnerships.
City Manager Teri Ledoux stated that they would bring an item forward at an open meeting regarding the cost of getting someone to do the appraisals.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, July 15, 2020, at 4:58 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, July 15, 2020, in the Council Chamber located at 555 West 6th St Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
Genoveva Rocha, CMC, City Clerk
Packet Page. 56
Minutes
For the
Special Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, DECEMBER 21, 2022
6:00 PM
Open Session was called to order at 6:00 PM by Mayor John Valdivia on Wednesday, December 21, 2022, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Packet Page. 57
Special Meeting Draft Minutes December 21, 2022
Mayor and City Council of the City of San Bernardino Page 2 6:00 P.M.
The Special Meeting was called to order at 6:00 PM by Mayor John Valdivia on Wednesday, December 21, 2022, at Feldheym Public Library, San Bernardino, CA.
PRESENTATION OF THE COLORS
Everyone rose for the presentation of the colors by the San Bernardino Police Color Guard Team.
NATIONAL ANTHEM
Jhu Manni Chess sang the National Anthem.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Jessica Alexander of Grace Chapel led the invocation and Holly Tran led the Pledge of Allegiance to the Flag.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Treasure Ortiz spoke about the council, her hopes for the future council, and the changes she wished to see.
Harry Hatch spoke about the new council and thanked Mayor Valdivia for what he had done.
Dr. Vu spoke about the new council and welcomed the new Mayor.
Kong Tran congratulated the Council Members who were re-elected and the new Mayor.
Frank Montez discussed how much he looked forward to working with the new Council and the new Mayor.
Robert Porter spoke about the new council and his excitement about the future.
Jessica Alcazer spoke about the Inland Coalition for Immigrant Justice and she stated that she was excited to see what the Council would do in the coming years. She asked for continued support from the Council for the vendors.
Ms. Cherry spoke about Mayor Tran’s commitment to the city.
Packet Page. 58
Special Meeting Draft Minutes December 21, 2022
Mayor and City Council of the City of San Bernardino Page 3
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.
1. Certifying Results of the General Municipal Election held on Tuesday, November 8, 2022
Recommendation:
Adopt Resolution No. 2022-269 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the General Municipal Election held on November 8, 2022, certifying the election results, and such other matters as provided by law.
RESULT: ADOPTED RESOLUTION No. 2022-269 [7-0]
MOVER: Fred Shorett, Mayor Pro Tem, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSTAIN:None
PRESENTATION
1. Recognition of Mayor John Valdivia
Mayor Pro Tem Shorett presented the plaque to Mayor Valdivia. Mayor Valdivia then made some brief remarks about his time in office.
There was a short recess, after which the meeting reconvened
ADMINISTER OATHS OF OFFICE AND PRESENT CERTIFICATES OF ELECTION
1. Administer Oaths of Office and Present Certificates of Election Theodore Sanchez, Council Member, Ward 1
Council Member Sanchez was sworn in by City Clerk, Genoveva Rocha and he made some brief remarks.
Sandra Ibarra, Council Member, Ward
Council Member Ibarra was sworn in by Deanna Adams and she made some brief remarks.
Fred Shorett, Council Member, Ward 4
Council Member Shorett was sworn in by former Mayor Pat Morris and he made some brief remarks.
Packet Page. 59
Special Meeting Draft Minutes December 21, 2022
Mayor and City Council of the City of San Bernardino Page 4 Helen Tran, Mayor
Mayor Tran was sworn in by Judge Charles Bell and then she made some brief remarks.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, December 21, 2022 at approximately 7:14 p.m.
The next regular joint meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, January 18, 2023, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California, 92401. Closed Session will begin at 5:30 p.m. and open session will begin at 7:00 p.m.
Genoveva Rocha, CMC, City Clerk
Packet Page. 60
2 3
3 0
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Adoption of Public Records Request Policy (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-207 approving a policy formalizing existing procedures for processing Public Records Act requests.
Executive Summary
The recommended action will approve a policy for processing Public Records Act requests received by the City of San Bernardino (“City”). The policy will affirm existing processes, procedures, and provide clear direction to staff regarding the processing of the high volume of public records act requests received by the City.
Background
The City receives numerous Public Records Act requests. Requests are received by staff in various ways, including in the public records portal, in person, by phone, and by email. Public records requests may be received in any format and from any member of the public. Requests are input by City Clerk staff and routed to the applicable departments using an online platform. Department staff are then responsible for locating and providing responsive records. The goal of the City is to provide efficient and timely responses to records requests. In order to maintain a streamlined, effective, legally compliant process in accordance with current procedures, the approval of a policy is recommended. Staff request the Mayor and City Council’s support in adopting the Public Records Request policy.
Packet Page. 61
2 3
3 0
Discussion
Public Records Act requests are processed pursuant to the California Public Records Act (CPRA). The CPRA details what types of records may be requested, which may be exempt, and how much time the City has to respond to each request. Although staff recognizes the demanding workload employees face, they also recognize the legal requirements placed upon all employees by the CPRA. Adhering to the CPRA is imperative not only for legal compliance but also to increase transparency and accountability between the City and residents. Through the CPRA, the public has a fundamental right to copy and inspect public records and receive such records promptly. For this reason, all City personnel are required to prioritize public records requests to the extent their job duties allow. Although City Clerk staff are responsible for processing and ultimately responding to records requests, all City records are not maintained in (or by) the City Clerk Department. Therefore, it is necessary for City Clerk staff to collaborate with other departments to research and obtain responsive records.
The timely response from each department in responding to requests ensures that sufficient time will be allowed for City Clerk office staff to review, redact, and release records to the requester prior to the deadline.
Occasionally, record requests of a sensitive or complex nature may also require review by the City Attorney’s office. The City Attorney’s office assists City Clerk staff with citing appropriate Government Codes relevant to the CPRA when drafting responses to requesters. Additionally, staff and elected officials are often required to submit affidavits/declarations certifying searches for records on their personal or city-issued devices. These additional requirements and layers of review add to the importance of submitting records as expeditiously as possible.
Processing Public Records Requests is a large undertaking in the City Clerk Department. As previously stated, the City receives a very high volume of requests. In FY 2023-2024, the City received 2,307 requests. Topics vary widely, from code enforcement records to police reports and animal services documents.
It is essential for all employees to understand the importance of adhering to the CPRA to ensure legal compliance.
2021-2025 Strategic Targets and Goals
Adopting a public records request policy aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan.
Fiscal Impact
There is no fiscal impact associated with this action.
Packet Page. 62
2 3
3 0
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-207 approving a policy formalizing existing procedures for processing Public Records Act requests.
Attachments
Attachment 1 – Resolution No. 2024-207 - Approving the City of San Bernardino’s California Public Records Act Policy
Attachment 2 – Resolution No. 2024-207 – Exhibit A – California Public Records Act Policy
Ward:
All Wards
Synopsis of Previous Council Actions:
None
Packet Page. 63
Resolution No. 2024-207
Resolution 2024-207
October 2, 2024
5 5
2 5
RESOLUTION NO. 2024-207
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING A PUBLIC RECORDS ACT POLICY.
WHEREAS, the California Public Records Act (CPRA) allows the public a right to access records maintained and kept by the City of San Bernardino (“City”), and this right is fundamental to every person; and
WHEREAS, the CPRA also dictates the responsibilities of the City in processing and responding to public records requests, including establishing response times and applicable exemptions; and
WHEREAS, it is necessary for a municipality that receives and responds to public records requests to have a policy that dictates the procedures to be followed by the public and by staff; and WHEREAS, the City receives an extremely high volume of public records requests each year; and
WHEREAS, the City has an obligation to the public to ensure records are available in a thorough and timely fashion; and
WHEREAS, staff currently have a process in place to process records requests; and WHEREAS, affirming existing procedures and adopting a policy will codify the City’s responsibilities and the public’s rights and ensure transparency in the public records request process.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the City Council adopts the attached Public Records Act Policy (Exhibit A) to formalize existing procedures for processing Public Records Act requests.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 5.CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Packet Page. 64
Resolution No. 2024-207
Resolution 2024-207
October 2, 2024
5 5
2 5
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of October 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 65
Resolution No. 2024-207
Resolution 2024-207
October 2, 2024
5 5
2 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-207, adopted at a regular meeting held on the 2nd day of October 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 66
RESOLUTION NO.
Resolution No. 2024-207 PAGE 1 of 6
ADMINISTRATIVE
POLICIES REVISION SUPERSEDES
SUBJECT
City of San Bernardino California Public
Records Act Policy
APPROVED BY:
City Council
EFFECTIVE DATE
October 2, 2024
ARTICLE III. PURPOSE
The purpose of this policy is to provide direction on how to receive, process, and respond to requests to inspect or receive copies of City of San Bernardino (“City”) records. All requests for City records will be handled pursuant to the provisions of the California Public Records Act (“PRA”).
ARTICLE IV. DEFINITIONS
Section 4.2 Definitions
A. “City personnel” shall collectively refer to all City employees, elected officials, appointed officials, consultants, as well as volunteers and other non-employees who prepare, own, use, or retain public records on behalf of the City.
B. “Public record” is defined by the PRA and includes any writing that contains information relating to the conduct of the public’s business prepared, owned, used or retained by the City regardless of physical form or characteristics, and regardless of whether created or transmitted on or by a City-owned device.
C. “PRA Coordinator” is the person or team designated by the applicable City Department Head to coordinate with the City Clerk’s Office to manage PRA requests.
D. “Writing” shall mean any typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and any record thereby created, regardless of the manner in which the record has been stored.
Section 4.3 General Scope
This policy applies to all City personnel and shall be interpreted to be consistent with other City-wide policies and the law.
ARTICLE V. POLICY & PROCEDURES
Section 5.2 Policy and Procedures
The public has a fundamental right to copy and inspect public records. It is imperative for City personnel to properly gather responsive records, review the records for privileged or exempt information, and produce responsive disclosable documents in a timely manner. All City personnel are tasked with Packet Page. 67
prioritizing PRA requests as reasonably permitted by their job duties. The PRA Coordinator is responsible for gathering responsive records and responding to the City Clerk’s Office. However, it is the responsibility of all City personnel to assist in producing responsive records.
Section 5.3 The PRA Request
A. Any member of the public may make a records request. The City cannot require the requester’s name or purpose of the request but may request the requester’s contact information in order to transmit the requested records. Anonymous requests or fictitious names are permitted. If the requester refuses to give his/her contact information, City personnel shall set a date within 10 calendar days for the requester to check on the status of the request.
B. Any request (verbal or written) to review a record qualifies as a PRA request. The requester is not required to cite the PRA or file a written request with the City Clerk’s office.
i. If City personnel receive a verbal request, he/she may ask (but not require) the person to put the request in writing. If the person does not put the request in writing, City personnel shall document the request to the best of his/her ability following the procedure outlined below.
a. Whether the request is made in person or via the phone, city personnel shall note the date and time of the request.
b. City personnel shall identify the requester by asking for their name and contact information.
c. City personnel shall ask the requester to provide a clear and specific description of the records they are seeking and document the information received.
d. Once this information is compiled, city personnel shall create a formal record by emailing the following information to the City Clerk. i. Date and time of the request
ii. Description of the records requested
iii. The method of contact (in person, phone, etc.)
ii. Contact Information
v. Any additional remarks or context provided by the requester ii. While any records request may qualify as a PRA request, the request may be made pursuant to a different body of law with unique requirements. Note that the requester could have a statutory right to the records that is outside the PRA (i.e., an employee’s request to review his/her personnel file, a request for a Statement of Economic Interest (FPPC Form 700), a request for copies of certified payroll records; etc.).
Packet Page. 68
C. Once the City receives a PRA request, City personnel shall stamp the PRA request with the date received. The date received is the date the City learns of the PRA request (i.e., opens the email or opens the mail). If a PRA request is received by a department, it will immediately be forwarded to the City Clerk Department for processing. City Clerk Staff shall mark the PRA request with the appropriate reference number.
D. All PRA requests shall be forwarded to the department’s PRA Coordinator. i. The City Clerk or their designee will be responsible for requests involving the Mayor and City Council, department heads, media, or emails. ii. The City’s Public Information Officer will be notified of any requests involving the media.
iii. Any PRA request involving members of the City Council should also be forwarded to the City Attorney and City Manager.
iv. Upon notification to the City Clerk’s office, requests for private personnel records may be provided directly to the City Attorney’s office liaison for review before release
E. If the request does not reasonably identify a City record, the PRA Coordinator shall make every effort to assist the requester in making a focused and effective request. The PRA Coordinator shall document their efforts to provide the City Clerk’s office with information to:
i. Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated. ii. Describe the information technology and physical location in which the records exist.
iii. Provide suggestions for overcoming any practical basis for denying access to the records or information sought.
F. Modified requests should be documented in response letters to the requester, per Section
3.3.B.
Section 5.4 Gathering Responsive Records
A. The City Clerk or their designee will notify the Department PRA Coordinator when a request is received. The PRA coordinator shall immediately notify City personnel most likely to have responsive records (i.e., requests for planning documents should go to Planning Staff/Planners).
i. It is the responsibility of all City personnel to assist in gathering responsive records.
After learning of a relevant PRA request, City personnel shall produce responsive records to the PRA Coordinator as expeditiously as possible. ii. When determining whether a record is responsive, City personnel shall consider if a reasonable person would interpret the request to include a particular document.
Packet Page. 69
iii. City personnel shall gather responsive records held on private devices or accounts in accordance with the following procedure:
a. In the event that the City receives a PRA request that either explicitly seeks documents on private devices or accounts or can be reasonably interpreted as such, the PRA Coordinator shall promptly communicate the request to the relevant City personnel who may reasonably be in possession of responsive records. Such City personnel shall conduct a reasonable search for any responsive records they may hold on personal devices or accounts. b. City personnel shall then provide responsive public records to the PRA Coordinator. These records are still subject to review and redactions for PRA exemptions before production by the City Clerk or their designee. City personnel shall provide responsive public records regardless of the potential exemptions.
c. Purely personal records need not be provided to the PRA Coordinator. In the event that City personnel makes a decision to withhold any responsive records that do not qualify as public records, he/she shall submit a statement with facts sufficient to show the record is not related to City business. The City Clerk or their designee after consultation with the City Attorney shall determine whether the statement has sufficient facts. d. If a search of a private device or account is reasonably responsive to the PRA request, City personnel shall document his/her search, even if no records were found. City personnel shall document:
(i) Search terms used;
(ii) Date of search(es);
(iii) Locations searched;
(iv) Whether responsive records were found; and
(v) Description of records found, if any.
e. City personnel shall complete and submit an affidavit/declaration on a form approved by the PRA Coordinator that contains all of the information set forth in subsections (A)(iii)(c)-(d) above, as well as an attestation declaring that the information provided on the form by City personnel is true and correct. (See Section 3.6 below)
f. The City Clerk or their designee, in consultation with the City Attorney shall determine whether a particular record, or any portion of that record, is exempt from disclosure, per the California Public Records Act.
B. The PRA Coordinator shall gather all responsive records, including privileged documents.
These unredacted documents shall be retained for at least two years after the date of final production.
Packet Page. 70
C. City personnel shall not create a record in response to a PRA request that does not otherwise exist, without supervisor approval. The City Attorney shall be consulted in these instances.
i. PRA requests that seek documents yet to be created (i.e., future City Council agendas) should be denied, as no record exists.
Section 5.5 Response Timelines
A. The City is required to respond to the requester promptly, but at least within ten (10) calendar days after receipt of the request. If the tenth day falls on a weekend or a holiday, the due date is the next business day. For example, if the City receives a request on February 1, then the tenth day is February 11. If February 11 is a Saturday, then the response is due on Monday, February 13.
B. Note, the City is not required to produce documents within 10 calendar days, but the City Clerk’s Office must respond to the requester in writing with most applicable option below:
i. Inform the requester that the City has no responsive records. ii. Produce non-exempt, responsive records, noting any redactions or withheld records and citing the appropriate exemptions. See Section 3.5 below. iii. Inform the requester that the City has responsive records and set a reasonable date in the future for production. The documents may be produced at one time or on a rolling basis. Consult your supervisor about the timing of the production depending on the complexity of the response.
a. If the records need to be produced on a rolling basis, establish a production schedule and share the schedule with the requester.
b. Every effort shall be made to produce at least one responsive record to the requester within 10 calendar days.
iv. Inform the requester that the City is taking an extension of 14 calendar days to determine whether it has responsive records. The City does not need to request the extension, but may take the extension as matter of right. a. This extension must be made pursuant to Government Code section 7922.535, subdivision (a), citing one or more of the following reasons:
(i) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.
(ii) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
Packet Page. 71
(iii) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. (iv) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. b. After the 14-day deadline, the City must respond pursuant to Sections
3.4.B.i-iii above.
Section 5.6 Producing the records
A. The City Clerk or their designee may email responsive records to the requester or use file sharing to produce the records. The requester shall not be charged for the production of electronic records pursuant to this subdivision (A).
B. When producing hard copies, the City may charge fees in accordance with the City’s most recently adopted Comprehensive Fee Schedule.
i. City personnel shall receive payment before making a significant number of copies.
City personnel shall estimate the charge for the copies and inform the requester that the City will refund any overages.
ii. City staff may not charge the requester for the time collecting or processing the records and may only charge for the direct cost of duplicating the records. a. Exceptions may be made when the request requires data compilation, extraction, or programming or the City would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals. Consult with the City Attorney in these instances.
Section 5.7 Affidavits
A. When a request asks for text, voicemail, phone call, or email records, City Staff will provide the applicable staff member or members of the legislative body with an Affidavit/Declaration of Records approved by the City Clerk and City Attorney. The applicable member is responsible for completing the Affidavits/Declarations within ten days of receiving notification from the City Clerk Department and returning it to the City Clerk Staff.
B. The City’s Information Technology department will be responsible for searching City systems for responsive emails. Staff are responsible for searching their City-issued and personal devices and/or accounts for any other applicable records.
Section 5.8 Exemptions
A. City personnel shall only redact the specific portion of the record that is exempt.
Redactions should not only black out the information but also delete any embedded hyperlinks.
Packet Page. 72
B. Information contained in a record that is non-responsive to the PRA request shall not be redacted. Only information that is subject to an exemption may be redacted.
C. Responsive records shall be reviewed by the City Clerk’s Office to assess whether: 1.) the responsive records are public record and 2.) an exemption applies. Non-public records may be records that are primarily personal, containing no more than incidental mentions of agency business. Non-public records are not subject to the PRA and are not required to be disclosed for a PRA request. The City Clerk or their designee may seek guidance from the City Attorney’s Office regarding complex or sensitive public record requests.
D. Common exemptions:
i. The “Catch-All” Exemption. Information or documents may be withheld if the City can demonstrate that, on the facts of the particular case, the public interest served by non-disclosure clearly outweighs the public interest served by disclosure. (Gov.
Code, § 7922.000 .)
a. If the City applies this exemption, the response letter must list the name and title of the person responsible for claim of exemption. ii. Personnel, Medical or Similar Files (Gov. Code, § 7927.700) iii. Public Employee home addresses, home telephone numbers, personal cell phone numbers, and birth dates (Gov. Code, § 7928.300)
iv. Law Enforcement Investigative Records (Gov. Code, § 7923.600-7923.625) v. Pending Litigation (Gov. Code, § 7927.200)
vi. Voter Information (Gov. Code, § 7924.000)
vii. Tax Payer Information (Gov. Code, § 7924.315)
viii. Law Enforcement Personnel Records (Penal Code §832.7) ix. Attorney-Client Privileged Communications or Attorney Work Product. (Evid.
Code, § 954 et seq.; Code Civ. Proc., § 2018.030)
x. Trade Secrets (Civ Code, § 3426.1(d))
Section 5.9 Violations
Violation of this policy may result in disciplinary action, up to and including termination of employment, in accordance with the City of San Bernardino’s personnel rules.
Packet Page. 73
2 1
5 4
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: FY2024-2025 Emergency Solutions Grant (ESG)
Subrecipient Agreement – Salvation Army (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve FY 2024-25 Emergency Solutions Grant Program Subrecipient Agreement with Salvation Army; and
2. Authorize the City Manager or designee to take any further actions and execute any additional documents as necessary to effectuate the agreements.
Executive Summary
The City Council has approved the Fiscal Year 2024-25 Annual Action Plan (FY24-25 AAP) for submittal to HUD funding under CDBG, HOME, and ESG programs and has authorized the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the proposed HUD Fiscal Year 2024-25 Annual Action Plan and Certification to HUD. Under the guidance of legal counsel, the Housing Staff is returning to the City Council to seek separate approval for the CDBG, ESG, and HOME subrecipient Agreements.
Background
The United States Department of Housing and Urban Development (HUD) awards Community Development Block Grants (CDBG) to entitlement communities to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. The City of San Bernardino (City) is an entitled City and has been awarded Emergency Solutions Grants (ESG) pursuant to Subtitle B of Title IV of the McKinney- Vento Homeless Assistance Act, as amended by Division B of the Homeless Packet Page. 74
2 1
5 4
Emergency Assistance and Rapid Transition to Housing Act of 2009, for the rehabilitation or conversion of buildings for use as emergency shelters for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. The HOME Investment Partnership Program is administered by HUD for the purpose of creating affordable housing for low-income households. The program aims to strengthen public-private partnerships, provide financial resources for affordable housing development, and promote community-driven solutions to meet local housing needs. A key element of the CDBG, ESG, and HOME Programs is the required subrecipient agreements for measuring the subrecipients’ performance and regulatory compliance.
At a public hearing on May 15, 2024, the City Council approved the Fiscal Year 2024- 25 Annual Action Plan (FY24-25 AAP) for submittal to HUD funding under CDBG, HOME, and ESG programs and authorized the City Manager or designee to take any further actions and execute any additional documents as are necessary to effectuate the submittal of the proposed HUD Fiscal Year 2024-25 Annual Action Plan and Certification to HUD.
For FY24-25, the City’s HUD allocation was a total of $4,164,936 with the following breakdown:
•CDBG Funding: $2,746,082
•HOME Funding: $1,160,208
•ESG Funding: $258,646
Both CDBG and ESG funding had reprogrammed funds from FY23-24 that had to be reallocated during the FY24-25 AAP. CDBG had $520,000 of reprogrammed funds allocated to the San Bernardino Public Works Department for infrastructure rehabilitation projects. ESG had $80,500 of reprogrammed funds allocated to the Salvation Army for Emergency Shelter Services, Homelessness Prevention, and HMIS, which is software needed to store, track, analyze, and monitor client data with the County of San Bernardino.
The FY24-25 AAP approved and awarded:
ESG Recipients
•Salvation Army $319,747.55
CDBG Recipients
•Inland Fair Housing and Mediation Board $80,000
•San Bernardino Police Department $331,912
•San Bernardino Public Works Department $1,309,341
•El Sol $250,000
HOME Recipients
•Neighborhood Partnership Housing Services $920,000
Packet Page. 75
2 1
5 4
Services
The ESG and CDBG subrecipients provide the following:
1.Salvation Army provides emergency shelter to homeless families with children in the form of shelter beds and motel vouchers. Salvation Army also assist with meal provisions, assistance with benefits, assistance with important documentation (birth certificate, social security card) job placement, family relocation and connections to social programs to help with housing stabilization.
2.Inland Fair Housing and Mediation Board provides landlord and tenant mediation in the form of education, outreach, enforcement and administrative services to address fair housing issues encountered by city residents and to assist the City in supporting and sustaining inclusive neighborhoods.
3.City of San Bernardino Police Department will develop a specialized unit known as the Quality-of-Life Team. This unit will be tasked with focusing on the living conditions of children and youth living in poverty. Funds will be used to hire a Management Analyst for tracking and monitoring of CDBG funds, along with the purchase of specialized vehicles for transportation of clients.
4.City of San Bernardino Public Works Department will use these funds for improving public infrastructure aimed to benefit low- and moderate-income communities in San Bernardino. These projects include improving roads for ADA compliance, improving public parks and facilities, and public safety enhancements.
5.El Sol will use the CDBG funds to assist in the development of their El Sol Recreation and Wellness Center in San Bernardino. This Recreation and Wellness Center will provide afterschool programs and activities to San Bernardino residents, prevention programs focusing on health, safety, and social issues, arts and cultural programs holding at least 10 arts and cultural events each year and increasing physical activity among center participants.
6.Neighborhood Partnership Housing Services will use the allocated HOME funds to serve as the Project Administrator for the City’s Owner-Occupied Rehabilitation Program (OORP), a program that allows the City to provide loans to owners of single-family residences whose income does not exceed 80 percent of the Area Median Income per HUD Low-Moderate Income (LMI) guidelines.
Discussion
The Emergency Solutions Grant Program Subrecipient Agreement will allow the Salvation Army to provide Emergency Shelter Services and Homelessness Prevention along with the use of HMIS for client tracking and monitoring. The breakdown for ESG funds allocated to the Salvation Army is as follows:
•Emergency Shelter Services: $155,187.60
•Homeless Prevention: $129,559.95
•HMIS: $35,000
•Grand Total: $319,747.55
Approval and execution of this subrecipient agreement is the next step in the process following Council’s adoption of the FY24-25 AAP, where $319,747.55 was allocated to
Packet Page. 76
2 1
5 4
the Salvation Army for Emergency Shelter Services, Homelessness Prevention, and HMIS. Subrecipient agreements formally outline the terms and conditions under which federal funds are provided, and HUD requires the execution of these agreements per 24 CFR 540.503 (a). The term of this agreement is from July 1, 2024, to June 30, 2025, which aligns with our City’s fiscal year. Per the direction of BB&K, the City was able to backdate the agreements to ensure the Salvation Army’s ability to expend the ESG funds in a timely manner.
During the term of this subrecipient agreement, the Salvation Army will provide the following services:
•Emergency Shelter Services – Operational and essential costs associated with providing provisional shelter for individuals and families within the targeted population. Funding provided for this activity aims to provide services to a minimum of 150 individuals experiencing homelessness.
•Homeless Prevention – Housing stabilization services and short/medium-term rental assistance as necessary to prevent an individual or family from moving into an emergency shelter.
•HMIS – Used for data entry and administration into the system needed for homeless client information.
In addition to the Salvation Army agreement, subrecipient agreements for Neighborhood Partnership Housing Services under the HOME Grant program and El Sol under the CDBG Grant program. Currently, the NPHS subrecipient agreement is with BB&K for review. The El Sol agreement is currently being reviewed by El Sol to ensure compliance can be completed with their project.
Regarding the subrecipient agreement with Inland Fair Housing and Mediation Board, it is important to clarify that this process operates within the established authority of the City Manager in accordance with the City of San Bernardino’s Purchasing Guidelines. The City Manager holds the authority to sign agreements up to $100,000 and this agreement valued at $80,000 falls within that limit. The City Council approved the allocation of funds to Inland Fair Housing on May 15, 2024, in the FY24-25 AAP. Following the approval from IFHMB and BB&K, the Acting City Manager signed the agreement on September 15, 2024.
As for funds allocated to San Bernardino Public Works Department and Police Department, under the guidance of BB&K, Interoffice Memorandums (IMOs) were created by City staff to facilitate collaboration between the Community Development Housing Department, Police Department and Public Works Department. This is due to these departments not being external subrecipients that need a subrecipient agreement. 2021-2025 Strategic Targets and Goals
The request to approve the Subrecipient Agreements aligns with Strategic Target No. 3:
Improved Quality of Life by reducing the burden of homelessness through enjoyment, collaboration, and partnership with other entities.
Packet Page. 77
2 1
5 4
Fiscal Impact
There is no General Fund impact.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve FY 2024-25 Emergency Solutions Grant Program Subrecipient Agreement with Salvation Army; and
2. Authorize the City Manager or designee to take any further actions and execute any additional documents as necessary to effectuate the agreements.
Attachments
Attachment 1 FY2024-25 Salvation Army ESG Agreement Attachment 2 FY2024-25 Annual Action Plan
Ward
All Wards
Synopsis of Previous Council Actions
April 15, 2020 The Mayor and City Council approved the City of San Bernardino’s Consolidated Plan for 2020-2025.
May 1, 2024 Proposed FY 2024-25 Annual Action Plan was taken to Mayor and City Council for public comment and for City Council to review propose subrecipients.
May 15, 2024 Mayor and City Council approved FY 2024-25 Annual Action Plan.
Packet Page. 78
Packet Page. 79
Packet Page. 80
Packet Page. 81
Packet Page. 82
Packet Page. 83
Packet Page. 84
Packet Page. 85
Packet Page. 86
Packet Page. 87
Packet Page. 88
Packet Page. 89
Packet Page. 90
Packet Page. 91
Packet Page. 92
Packet Page. 93
Packet Page. 94
Packet Page. 95
Packet Page. 96
Packet Page. 97
Packet Page. 98
Packet Page. 99
Packet Page. 100
Packet Page. 101
Packet Page. 102
Packet Page. 103
Packet Page. 104
Packet Page. 105
Packet Page. 106
Packet Page. 107
Packet Page. 108
Packet Page. 109
Packet Page. 110
Packet Page. 111
Packet Page. 112
Packet Page. 113
Packet Page. 114
Packet Page. 115
Packet Page. 116
Packet Page. 117
Packet Page. 118
Packet Page. 119
Packet Page. 120
Packet Page. 121
Packet Page. 122
Packet Page. 123
Packet Page. 124
Packet Page. 125
Packet Page. 126
Packet Page. 127
Packet Page. 128
Packet Page. 129
Packet Page. 130
Packet Page. 131
Packet Page. 132
Packet Page. 133
Packet Page. 134
Packet Page. 135
Packet Page. 136
Packet Page. 137
Packet Page. 138
Packet Page. 139
Packet Page. 140
Packet Page. 141
Packet Page. 142
Packet Page. 143
Packet Page. 144
Packet Page. 145
Packet Page. 146
Packet Page. 147
FY2024-2025 ANNUAL
ACTION PLAN
MAY 15, 2024
Community Development and Housing Department
Packet Page. 148
Annual Action Plan
2024-2025
1 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024
TABLE OF CONTENTS
Table of Contents ............................................................................................................................................. 1 Executive Summary .......................................................................................................................................... 2 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ............................................................................ 2 PR-05 Lead & Responsible Agencies – 91.200(b) ......................................................................................... 6 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ...................................................................................... 7 AP-12 Participation – 91.105, 91.200(c)..................................................................................................... 13 Expected Resources ....................................................................................................................................... 18 AP-15 Expected Resources – 91.220(c)(1,2) .............................................................................................. 18 Annual Goals and Objectives .......................................................................................................................... 23 Projects ....................................................................................................................................................... 29 AP-35 Projects – 91.220(d) ......................................................................................................................... 29 AP-38 Project Summary ............................................................................................................................. 29 AP-50 Geographic Distribution – 91.220(f) ................................................................................................ 35 Affordable Housing ........................................................................................................................................ 36 AP-55 Affordable Housing – 91.220(g) ....................................................................................................... 36 AP-60 Public Housing – 91.220(h) .............................................................................................................. 39 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................... 41 AP-75 Barriers to affordable housing – 91.220(j)....................................................................................... 44 AP-85 Other Actions – 91.220(k) ................................................................................................................ 47 Program Specific Requirements ..................................................................................................................... 50
Packet Page. 149
Annual Action Plan
2024-2025
2 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024
EXECUTIVE SUMMARY
AP -05 EXECUTIVE SUMMARY - 24 CFR 91.200(C), 91.220(B)
1. Introduction
The City of San Bernardino annually receives CDBG, HOME and ESG funds . In Funding Year 2024 (FY 2024- 2025) the City will receive an amount of approximately $2,746,082 CDBG funds, $1,160,208 HOME funds, and $258,646 ESG funds. Additionally, the City will reprogram prior year unspent funds including $520,000 CDBG funds and $80,500 ESG funds. The total estimated amount of funds to be allocated are $4,765,436.
The City spends funds in a way consistent with the approved 2020-2025 Consolidated Plan (ConPlan). Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, lead- based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses.
The ConPlan provides a concise summary of the anticipated actions, activities, and specific federal and non- federal resources used each year to address the City’s priority needs and goals. FY 2024 implements the fifth and the final year of its ConPlan. City’s approved projects are directly consistent with all of the city’s prior needs and goals.
• Preserve and Rehabilitate Housing
• Provide Homeless and Homeless Prevention Services
• New Affordable Rental Housing
• Promote Economic Development
• Improve Facilities and Infrastructure
• Fair Housing
2. Summarize the objectives and outcomes identified in the Plan The City has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations for affordable housing, homelessness, and non-housing community development. The City evaluated each FY 2024 application based on the level of need demonstrated in the applications received as compared to the ConPlan’s N eeds Assessment and the Market Analysis as well as information gathered during the citizen participation process, and the availability of resources. Based on these components, affordable housing and emergency housing for the homeless as well as supportive services for the homeless population are considered the highest priority needs. According to resident feedback during the ConPlan planning, the most 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
Priorities Objectives/Goals
The following goals outlined in the Consolidated Plan will be implemented during the FY 24-25 Annual Action Plan are listed below:
1. Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs.
Packet Page. 150
Annual Action Plan
2024-2025
3 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024
2. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. Implement a City Tenant Protection Pilot Program.
3. Provide Homeless and Homeless Prevention Services: The city intends to support San Bernardino PD Quality of Life Team and Salvation Army to provide homeless services.
4. 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).
5. New Affordable Housing Construction or Rehabilitation: Although the City has not selected an affordable housing project, they continue to support the development of new affordable units. The City is funding their Owner Occupied Rehabilitation Project to rehabilitate a minimum of 20 owner- occupied LMI homes.
6. Improve Facilities and Infrastructure: Fund public facilities projects to comprehensively improve, the safety, accessibility, and quality of life in low -income and the surrounding neighborhoods by completing park and recreation improvements, street surface reconstruction including sidewalks, curbs, stormwater facilities, remove barriers by supporting accessibility projects.
Summary of some of the findings used to determine priority need:
• 220,328 persons reside in San Bernardino (US Census Bureau 2022 estimate) comprising of 62,486 households. The number of households has increased 4 % while the population decreased 1%. • Approximately 20.2% live in poverty a 14% decrease from 2020. • San Bernardino County Point-In-Time homeless c ount (PIT) data indicated a need to support programs that serve people experiencing homelessness. In 2023 the CoC County PITC revealed 29% increase in homeless individuals and 25.9% increase in unsheltered individuals. Specifically the PITC provided data for the City:
o 1,502: Total homeless
o 276: sheltered persons
o 209: transitional housing
o 1,017: unsheltered
• Residents benefit from City supported homelessness programs and services (i.e., supportive housing, emergency shelter, case management services, shelter operations ), access to affordable housing, street infrastructure improvements (i.e., road maintenance and street lighting) and joblessness/job creation.
• The City’s CDBG, HOME and ESG 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. Over the past five years, the City has spent its CDBG, HOME and ESG funds for needed public services, public facilities improvements, preservation of its housing stock, development of new affordable housing, homelessness programs, services and shelter facilities, and planning and administration costs.
3. Evaluation of past performance
Actions and implementation below is taken from the FY 2022-23 CAPER as well as pending activities in 2023 & 2024:
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 four owner-occupied Housing Rehabilitation projects.
Packet Page. 151
Annual Action Plan
2024-2025
4 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024
Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In 2023 and 2024 , the City is working towards the construction o f three (3) owner-occupied homes, on individual vacant infill lot s. The Infill Program improves neighborhoods by utilizing vacant and or blighted lots for new owner -occupied housing. The City and a CHDO partner, Neighborhood Partnership H ousing Services (NPHS), will market these affordable units for sale to households at 50% to 80% of AMI.
Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 22-23, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community 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.
Also the City funded several homeless service providers to which 121 persons benefits.
Improve Public Facilities and Infrastructure - In FY 22-23, the City recently 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). Currently the City is initiating Nicholson Neighborhood Park improvements with a second phase planned to renovate the park’s community center.
The completion is expected in August 2024.
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 3,000 persons in the City in 2023 program year.
Provide rental assistance and preserve existing affordable rental housing - The city administers an Emergency Rental Assistance Program (ERAP) funded by Federal ERA program (Treasury) and CA ERAP 2.0 program. The City spent over $18M in rental assistance payments to 1,713 households. REAP assisted 656 persons of which 40% were below 30% LMI; 32% were between 30 and 50% LMI, and 27% were between 50 and 80% LMI.
Planning and Administration: Provided funds for planning and administration of CDBG, HOME, and ESG.
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:
• Published NOFA to 2024 applicants
• Stakeholder Interviews
• Online Survey
The Action Plan will be discussed in a publicly noticed meeting where an opportunity for public comment is provided. The first public hearing for the draft FY 2024-2025 Annual Action Plan to City Council was held on May 1, 2024. The draft plan w as available for public review between April 1 , 2024, and April 30, 2024, on the City's website, the Community Development and Housing Department, the City’s Clerk Office, and Feldheym Central Library . The public review period for the Draft 202 4-2025 Annual Action Plan w as published in The San Bernardino Sun (English) on April 8, 2024 and El Chicano (Spanish) on April 10, 2024.
Packet Page. 152
Annual Action Plan
2024-2025
5 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024
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:
• First-time home buyer assistance
• Owner-occupied rehabilitation
• Renter-occupied housing rehabilitation
Respondents also identified two primary homeless needs:
• Permanent supportive housing with social services
• Transitional housing (short-term up to 6 months)
6. Summary of comments or views not accepted and the reasons for not accepting them
The City accepts all public comments.
7. Summary
No futher narrative is needed.
Packet Page. 153
Annual Action Plan
2024-2025
6 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024 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 the 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 HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department Table 1 – Responsible Agencies
Narrative (optional)
The City’s Community Development and Housing Department administers, implements, and monitors activities and projects funded through federal grants. This 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, and City Council to develop goals and priorities for the current year that are aligned with the Consolidated Plan and subsequent Annual Action Plans and address the needs of the residents of San Bernardino.
For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact:
Mrs. Cassandra Searcy, Deputy Director of Housing & Homelessness 201 N. E Street, 3rd Floor, San Bernardino, CA 92418
Email: [email protected]
| Phone: (909) 384-727
Packet Page. 154
Annual Action Plan
2024-2025
7 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024 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 its 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 s tages. 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 works in partnership with the Housing Authority of the County of San Bernardino (HACSB) and the County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhe ad Grove neighborhood ). The City is also working in partnership with National CORE, an Inland Empire Community Housing Development Organization (CDHO), and HACSB 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. • Infill Program. NPHS will partner with the City to build new single -family, ownership housing on vacant and blighted lots throughout the city, to increase homeownership among households at and below 80% of the 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 case management services for 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 loan for the construction of Arrowhead Grove Phase 3, which result ed in the construction of a 184 mixed - income development, with 147 units reserved for low-income households. • The City has been consulting with the HACSB and the Community Development and Housing Agency of the County of San Bernardino concerning lead -based paint hazards as it relates to the 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; igniting Upward Mobility in the community; convening leadership work groups to change systems & policies; effectively inspiring community voice & engagement to inform better decisions & increase access to opportunities, especially for youth; create a shared understanding of issues & opportunities based on research & data;
Packet Page. 155
Annual Action Plan
2024-2025
8 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024 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 need 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 policy -making bodies, advisory groups of faith -based and non -profit housing organizations, collaborative organization s 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. Sandra Ibarra represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department supports and participates in the Point -in-Time (PIT) Homeless County. The Community & Economic Department requires its ESG sub-recipients 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 people at risk of homelessness. Lastly, the City funds 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 training in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, concerning 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 help evaluate 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
Packet Page. 156
Annual Action Plan
2024-2025
9 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024 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 way s 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
Packet Page. 157
Annual Action Plan
2024-2025
10 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024 Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency
Major Employer
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 2 Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community.
3 Agency/Group/Organization Lutheran Social Services of Southern California (LSSSC) Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community
4 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Public Housing Agency (PHA) Other government - County
Packet Page. 158
Annual Action Plan
2024-2025
11 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community.
5 Agency/Group/Organization City of San Bernardino - Housing Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Non-Homeless Special Needs
Economic Development
Lead-based Paint Strategy
Hazard Mitigation
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 (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 and organizations engaged in narrowing the digital divide) in the development of its plan.
Identify any Agency Types not consulted and provide rationale for not consulting
Packet Page. 159
Annual Action Plan
2024-2025
12 FINAL San Bernardino City FY 2024-2025, Submitted to HUD, August 9, 2024 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 2021 -
2029 Housing Element
City of San Bernardino Community
Development and Housing Department
Potential funding allocations to address housing needs that will complement the 2021-2029 Housing Element
Housing Authority of the County
of San Bernardino
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 stakeholders 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 its CDBG, HOME, and ESG funding.
Packet Page. 160
Annual Action Plan
2024-2025
13 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 notice for public hearings and provided a 30 -day public review of the FY 202 4-2025 Annual Action Plan in El Chicano and T he San Bernardino Sun. The report was also made available at the City’s Clerk Office, 201 N. E. Street, Bldg. A, San Bernardino, CA 92401, the Community Development and Housing Department, 201 N. E. Street, 3 rd Floor, San Bernardino, CA 92401, the Feldheym Central Library, 555 W. 6th St, San Bernardino, CA 92410, and on the City’s website at the Community & Economic Development Department.
Packet Page. 161
Annual Action Plan
2024-2025
14 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
Non-
targeted/broad
community
Residents of
Public and
Assisted Housing
Low Income
Persons
No responses were
received.
No responses were
received. N/A
http:iecn.com/newspapers
/el-chicano/
https://www.sbsun.com
Packet Page. 162
Annual Action Plan
2024-2025
15 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
Members of the
public attended the
May 1, 2024, Public
Hearing
General comments from the
public:
1. Recommendation for
approval of CDBG funding
towards Public Recreational
Wellness Center, El Sol
2. Recommendation for CDBG
funding towards youth
outreach organization,
Project Fighting Chance
(Organization did not apply
by deadline)
Council Comments:
1. Recommended funding
allocation originally for
El Sol to be split
amongst various
activities. Interested in
seeing park renovation
on three specific parks
which include;
a. Encanto
Park
b. Guitierez
Field
c. Nunez Park
N/A www.sbcity.org/housing
Packet Page. 163
Annual Action Plan
2024-2025
16 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 Newspaper Ad
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broad
community
Residents of
Public and
Assisted Housing
Low-Income
Persons
No responses were
received.
No responses were
received. N/A
http:iecn.com/newspapers
/el-chicano/
https://www.sbsun.com
4 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Members of the
public attended the
May 15, 2024,
Public Hearing.
No responses were
received. N/A
Packet Page. 164
Annual Action Plan
2024-2025
17 Table 4 – Citizen Participation Outreach
Packet Page. 165
Annual Action Plan
2024-2025
18 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 alloc ations 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
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
2,746,082 0 520,000 $3,266,082 0
Amounts represent the annual CDBG
allocation based on the FY 2024 -25
program year. This funding year is the
final year in the 5-Year Consolidated Plan.
This funding will be invested in the public
improvement facilities, recreation
facilities, homeless services, and the
Section 108 Program. Using CDBG-CV
funds the city will support food bank and
food voucher program services.
Packet Page. 166
Annual Action Plan
2024-2025
19 Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA 1,160,208 0 0 1,160,208 0
Amounts represent the annual HOME
allocation based on the FY 202 4-25
program year. This funding year is the
fifth and last year of the 5 -Year
Consolidated Plan. This funding will be
invested in the development and/or
rehabilitation of single-family and/or
multi-family rental housing , and Infill
Housing Program (homeownership).
Packet Page. 167
Annual Action Plan
2024-2025
20 Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid re -
housing (rental
assistance)
Rental
Assistance
Services
Transitional
housing 258,646 0 $80,500 339,146 0
Amounts represent the annual ESG
allocation based on the FY 2024 -25
program year. This funding year is the
final year of the 5-Year Consolidated Plan.
ESG monies will fund subrecipients to
assist people experiencing homelessness
with Emergency Shelter (ES) and HMIS
support.
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 to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were d erived from a variety of other sources, including:
Packet Page. 168
Annual Action Plan
2024-2025
21 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
Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that recei ved ESG funds, agencies met the match requirement through the 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. Under 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 the match. The FY 202 4-2025 match reductions are not available as of the date of this writing. Until November 2023, the City received a 100 percent match reduction due to severe fiscal distress. This 100% match does not apply to 2024 HOME contracted activities. 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 more than 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.
Packet Page. 169
Annual Action Plan
2024-2025
22 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 h as 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 C ity intends to utilize for the construction of single - family ownership housing.
Packet Page. 170
Annual Action Plan
2024-2025
23 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 Preserve and Rehabilitate
Housing
2020 2025 Affordable Housing CityWide Preserve and
Rehabilitate
Housing
HOME: $920,000 Persons Assisted: 20
2 Provide Homeless and
Homeless Prevention
Services
2020 2025 Homeless
Non-Homeless
Special Needs
CityWide
Provide Homeless
and Homeless
Prevention
Services
ESG: $333,540
CDBG: $325,000
Persons Assisted: 350
3 New Affordable Rental
Housing
2020 2025 Affordable Housing CityWide
New Affordable
Rental Housing
HOME$394,842 Rental units constructed: 2-3
4 Promote Economic
Development
2020 2025 Non-Housing
Community
Development
CityWide Promote economic
development
CDBG : $745,612 Jobs created/retained: 214
businesses assisted: 20
5 Improve Facilities and
Infrastructure
2020 2025 Non-Housing
Community
Development
CityWide Improve facilities
and infrastructure
CDBG :
$2,600,000
Persons Assisted: 6000
6 Fair Housing 2020 2025 Fair Housing CityWide Fair Housing CDBG: $80,000 Persons assisted: 2700 7 Planning & Administration 2020 2025 Administration CityWide Planning & Administration
CDBG: $588,571
HOME: $146,094
ESG: $20,517
Table 6 – Goals Summary
Packet Page. 171
Annual Action Plan
2024-2025
24 Goal Descriptions
1 Goal Name Preserve and Rehabilitate Housing
Goal Description To provide funding for homeowner-occupied and rental housing rehabilitation. 2 Goal Name Provide Homeless and Homeless Prevention Services Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services. Includes funding to prepare for, prevent and respond to COVID through emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs.
3 Goal Name New Affordable Rental Housing
Goal Description Provide funding for new affordable rental housing (new construction or rehabilitation) and affordable rental housing with supportive services for homeless individuals and veterans. 4 Goal Name Promote Economic Development
Goal Description Provide funding for the City's Micro-Enterprise Program as well as support programs and projects that create jobs, and promote economic revitalization.
5 Goal Name Improve Facilities and Infrastructure
Goal Description Provide funding to improve public facilities and infrastructure, including parks, community centers, and sidewalks. 6 Goal Name Fair Housing
Goal Description Promote fair housing choice through the following activities: fair housing education, fair housing testing, housing assistance hotline, and landlord-tenant mediation.
7 Goal Name Planning and Administration
Goal Description Compliance with all HUD Consolidated Plan and CDBG, HOME, and ESG program regulations is a requirement for participation in this program
Packet Page. 172
Annual Action Plan
2024-2025
29 PROJECTS
AP -35 PROJECTS – 91.220(D)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY202 4-2025 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.
# Project Name
1 Section 108 Debt Repayment Program
2 CDBG Program Administration
3 HOME Program Administration
4 ESG Program Administration
5 Inland Fair Housing Mediation Board
6 San Bernardino PD Quality of Life Team
7 El Sol Recreation and Wellness Center
8 Owner Occupied Rehabilitation Project
9 Affordable Housing Project
10 Salvation Army
11 2024 Public Facilities Project
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 in dividuals, especially those with special needs such as individuals experiencing homelessness.
AP -38 PROJECT SUMMARY
Project Summary Information
A total of $4,765,436 is available to be used for eligible CDBG, HOME, and ESG projects. This consists of FY 24-25 funding and unexpended funding from prior years. City staff conducted extensive outreach to solicit applications for the year.
Packet Page. 173
Annual Action Plan
2024-2025
30 PROJECT SUMMARY
Project Name Section 108 Debt Repayment Program – Promote Economic Development Target Area LMI Areas of the City
Goals Supported Promote Economic Development
Needs Addressed Joblessness and Job Creation
Funding CDBG: $745,612
Description Section 108 Loan Repayment Program to pursue physical and economic revitalization that will provide jobs. Full repayment is expected 2026.
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit
from the proposed
activities
It is estimated that there will be 600 jobs created.
Location Description 17.43-acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino.
Planned Activities
The City has moved forward with the sale of the property and using a Section 108 loan for the repayment of the Arden Guthrie Project. The City is currently in legal review for a one-year renewal with Rich Development, to develop the properties. The timeline of 6- 12 months from executing the agreement to move into a disposition agreement . The developer has secured letters of interest and lease commitments from several major retailers directly associated with the project.
Project Name CDBG Administration
Target Area Citywide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG $549,216
Description
The City will implement the goals and objectives of the ConPlan 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 activities and programs stated in the Annual Action Plan as well as other CDBG administration regulations.
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
N/A
Packet Page. 174
Annual Action Plan
2024-2025
31 Location Description Citywide
Planned Activities Grant and Project Management
Project Name HOME Administration
Target Area Citywide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding HOME $116,021
Description
The City will implement the goals and objectives of the ConPlan by delivering a variety of housing programs and activities. The City will also continue to comply with the planning and reporting requirements of the activities and programs stated in the Annual Action Plan as well as other HOME administration regulations.
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
1 Location Description Citywide
Planned Activities Grant and Project Management
Project Name ESG Administration
Target Area Citywide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding ESG $19,398
Description
The City will implement the goals and objectives of the ConPlan by delivering homeless programs and activities. The City will also continue to comply with the planning and reporting requirements of the activities and programs stated in the Annual Action Plan as well as other ESG administration regulations.
Target Date 6/30/2025
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 Inland Fair Housing Mediation Board
Target Area Citywide
Goals Supported Fair Housing
Packet Page. 175
Annual Action Plan
2024-2025
32 Needs Addressed Fair Housing
Funding CDBG: $80,000
Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing.
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
2,700 Individuals
Location Description Citywide
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 San Bernardino PD Quality of Life Team
Target Area Citywide
Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Homelessness and Homelessness Issues
Funding CDBG: $331,912
Description
Support Quality of Life Team salaries and equipment needs including an appropriate vehicle needed to assist local businesses, the homeless, and homeless encampments as well as participate in community clean up activities related to homeless encampment areas.
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit from the
proposed activities
100 Individuals
Location Description Citywide
Planned Activities The Quality of Life Team members will work with City Police Department to engage with and support to local nonprofits and residents of LMI areas.
Project Name El Sol Recreation and Wellness Center
Target Area Citywide
Goals Supported Public Facilities
Needs Addressed Improve facilities and Infrastructure
Funding CDBG: $250,000
Description
El Sol Neighborhood Educational Center intends to development the El Sol Recreation and Wellness Center that will serve as a hub for health, education, and cultural enrichment for its members and the public.
Packet Page. 176
Annual Action Plan
2024-2025
33 Target Date 6/30/2025
Estimate the number
and type of families that
will benefit
from the proposed
activities
5,000 Low/Moderate Income Households/ Tenants.
Location Description Citywide
Planned Activities
The project includes design and construction of the Center that contains areas specifically for mental health programming, diabetes prevention, bilingual counseling, family and senior activities, exercise classes, youth sports, and more. CDBG funds are being leveraged with CA State Parks and Recreation funds $4.2M.
Project Name Owner Occupied Rehabilitation Program
Target Area Citywide
Goals Supported Preserve and Rehabilitate Housing
Needs Addressed To provide funding for homeowner-occupied rehabilitation.
Funding HOME: $920,000
Description The City manages and operates a owner-occupied home rehabilitation program.
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit
from the proposed
activities
20 households up to 30-80% AMI
Location Description Citywide
Planned Activities Rehabilitation of Single-Family Residences Project Name Affordable Housing Project
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $124,187
Description Construction or rehabilitation of homes. Applicant incomes are to be at or below 80% of Area Median Income.
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit
from the proposed
activities
To be determined as an eligible viable project is selected.
Packet Page. 177
Annual Action Plan
2024-2025
34 Location Description Citywide
Planned Activities Build new or rehab housing to be sold or leased as affordable housing. Sites will be determined as an eligible viable project is selected.
Project Name Salvation Army
Target Area Citywide
Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding ESG: $319,748
Description Emergency Shelter, HMIS services
Target Date 6/30/2025
Estimate the number
and type of families that
will benefit
from the proposed
activities
250 homeless individuals
Location Description Citywide
Planned Activities Emergency Shelter , homelessness prevention, Housing relocation and stabilization, rental assistance, and HMIS support.
Project Name 2024 Public Facilities Project
Target Area Citywide
Goals Supported Improve Facilities and Infrastructure
Needs Addressed
Funding CDBG: 1,309,341
Description
Complete a community and or public facilities project that would include streets, sidewalks, accessibility improvements, recreation , and other community facilities that benefit low and moderate income residents.
Target Date 6/30/25
Estimate the number
and type of families that
will benefit
from the proposed
activities
To be determined
Location Description LMI areas in the City
Planned Activities Plan and design needed public facilities improvement projects that benefit low and moderate income residents.
Table 9 - Project Summary Information
Packet Page. 178
Annual Action Plan
2024-2025
35 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 202 4-2025 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, 4.1 percent is Asian, and 8.1 percent is comprised of two or more races.
Geographic Distribution
Target Area Percentage of
Funds
Citywide 30
LMI Areas of the City 70
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The funding available under the 202 4-2025 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 202 4-2025 Action Plan, the City established priority needs based on an in- depth analysis of several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and obje ctives listed in the section “AP -20 Annual Goals and Objectives” of this document. T he 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 basis, 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.
Public improvements and public facilities are qualified as benefiting 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.
Packet Page. 179
Annual Action Plan
2024-2025
36 AFFORDABLE HOUSING
AP -55 AFFORDABLE HOUSING – 91.220(G)
Introduction
As a reflection of the Housing Needs Assessment of the 2020-2025 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 3) Provide Assistance to Renter Households.
Preserve and Rehabilitate Housing
Approximately 64 percent of total housing units were built before 1980. Housing built before 1980 may present lead-based paint hazards requiring rehabilitation. 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 o f 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.
Expand Home Ownership Opportunities
There is a need for more affordable housing in San Bernardino City. The most prevalent housing problem within the City is cost burden and overcrowded conditions. San Bernardino has a population of 2 20,328 persons and a total of 62,486 households. Nearly 61 percent of households in San Bernardino City (36,310 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).
As of recent the largest HOME funded affordable housing project is Arrowhead Grove (Phase 4). HOME funds awarded to Arrowhead Grove is $3M and Neighborhood Stabilization Program ( NSP) $1.9M.
Arrowhead Grove is an affordable housing project that will ultimately consist of 400 units including at least 36 market-rate units along with pedestrian and transit improvements. Thus far 3 phases of Arrowhead Grove have been successfully funded, constructed and 100% of the units have been leased.
The City is currently reviewing new HOME applications for program eligibility, positive impact, affordability, and developer capacity.
The City is also focused on increasing housing infill projects. Currently the City has awarded HOME funds, $744,000 to complete 3 single family home construction projects.
The City’s housing costs have increased over the past few years. In 2015, the median income in the City was $37,047 with a median home value of $159,800. In 2023, the median income in the City was $61,323
Packet Page. 180
Annual Action Plan
2024-2025
37 a 60 percent increase, with a median home value of $347,100, an 46 percent increase. Housing prices are outpacing incomes, which can cause most homeowners to be cost burden.
Based on the 201 7-2021 ACS, the median income would be sufficient for a renter to afford $1, 384 in housing costs per month, which includes rent and utilities, and not be cost-burdened.
One-Year Goals for the Number of Households to be Supported Homeless 600
Non-Homeless 1,240
Special-Needs 0
Total 1,840
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 5
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 605
Table 10 - One Year Goals for Affordable Housing by Support Type
Discussion
The table “One Year Goals for the Number of Households to be Supported” consists of 1,240 non- homeless households to be supported. New Infill Housing construction and affordable multi-family housing for 4 -6 households citywide are planned (incomes will range from 50% to 80% of Area Median Income (AMI)).
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 public housing communities, 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 the 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 to extend the terms of affordability.
Packet Page. 181
Annual Action Plan
2024-2025
38 LMI households in the County can apply to b oth Tenant-Based Voucher wait list and or Project -Based Voucher wait list both of which are maintained by HACSB. Households must formally request removal from a wait list.
The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire , construct, or rehabilitate multifamily housing as long -term affordable housing for lower- income households.
Packet Page. 182
Annual Action Plan
2024-2025
39 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 the 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).
The City will continue to support HACSB in the administration of the Housing Choice Vouchers to residents in the City . Currently there are 11,415 housing choice vouchers throughout San Bernardino County, assisting 27,084 individuals of which 2,645 HCVs are issued to San Berndino City residents. HACSB owns 530 affordable housing units in the City 38 of which partially owned by HACSB. Today, there are 35,527 on both waitlists for affordable housing units.
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
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.
HACSB is in the process of redeveloping the project site at Arrowhead Grove. We are currently applying for funding for a 92-unit development as a part of the next phase of that project. At Maplewood Homes, we have planned roughly $530,000 worth of renovati ons at the site for this fiscal year. Property improvements will include roofing, coolers, some exterior work, and other site wide maintenance related items.
As stated above HACSB is currently working on developing a 92 -unit development as a part of the next phase of development at Arrowhead Grove on the corner of Waterman and Baseline. HACSB anticipates breaking ground on that project some time in 2025.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Although the City does not own or maintain the public housing units, they collaborate with the HACSB to encourage public housing residents to utilize City housing services and area homeownership programs,
Packet Page. 183
Annual Action Plan
2024-2025
40 particularly residents of public housing. The City promotes the County’s Down payment assistance program
As for homeownership opportunities, the City has initiated an Infill Housing Program that acquires distressed properties, rehabilitate sthem , then sells them to income -qualified homebuyers. The City intends to 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
HACSB has not been designated as troubled. HACSB was designated a Moving To W ork Agency by Congress in 2008. This is a limited designation to PHAs across the country.
Discussion
There is no discussion relative to the designation of the county PHA.
Packet Page. 184
Annual Action Plan
2024-2025
41 AP -65 HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES – 91.220(I) Introduction
In 2023 the CoC County PITC revealed 29% increase in homeless individuals and 25.9% increase in unsheltered individuals. Specifically the PITC provided data for the City:
o 1,502: Total homeless
o 276: sheltered persons
o 209: transitional housing
o 1,017: unsheltered
To address this issue, the City will allocate approximately $333,540 in ESG funds to emergency shelter and essential services and HMIS system. Also in 2023 the City submitted their HOME -ARP Plan to HUD that intends to spend its HOME-ARP funds, $4.2M, for acquisition and development and construction of HOPE Campus to be located on 6th Street. In total HOPE Campus development will cost $22M and provide 200 noncongregate units and 224 beds.
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 chronic 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 reta in current housing or to locate and get housing placement.
The City is beginning Phase 1 of its Homeless Outreach Prevention Education Campus (HOPE Campus) to provide emergency shelter facilities and homelessness services. In the interim, the City has increased its motel agreements to house homeless individuals and families as a temporary solution while construction of HOPE campus gets 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 and City ARPA funds.
The City participates in San Bernardino County Homeless Partnership (SBCHP), created in 2007, to provice a focused approach to homelessness issues in the county. The partnership consists of community and faith-based organization, education institutions, no n profit organizations, private industry, and federal, state and local governments.
Addressing the emergency shelter and transitional housing needs of homeless persons The City will 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 six beds
Packet Page. 185
Annual Action Plan
2024-2025
42 for single females experiencing homelessness. The total residential capacity is 82 beds but is often over capacity due to cribs and family size.
According to San Bernardino County 2023 Homeless PIT Count, there were 4,195 homeless individuals counted of which 2,976 were unsheltered. Currently, there are 797 emergency shelter beds in the county, only 192 of which are available to the general population. There are also 489 transitional beds and 1,654 permanent supportive housing units. there were 989 unsheltered homeless persons in the City. In response to the need for additional housing options and other services for the homeless, on March 28th the Board of Supervisors approved the Homeless Initiatives Spending Plan, which will leverage $72.7 million in federal, state and county resources to sup port the landmark 2022 Homeless Strategic Action Plan approved by the board in June. San Bernardino County has committed an unprecedented amount of $73.7M to address homelessness. The funding plan includes:
• $32.7 million for city/county partnerships that increase housing and system capacity. • $36.6 million for existing and expansion projects that provide immediate sheltering and service - enriched housing, including:
o Pacific Village Phase II Expansion
o Kern Street Adult Residential Facility Expansion
o Project Roomkey Continuance
• $3.4 million for outreach and engagement services for the unsheltered street population to support the Sheriff’s Homeless Outreach and Proactive Enforcement (HOPE) team, County Behavioral Health, and County Aging and Adult Services.
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.
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
Packet Page. 186
Annual Action Plan
2024-2025
43 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 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. T o 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 to implement a “zero tolerance” plan tha t will prevent persons from being discharged into homelessness.
Discussion
Homeless Related Activities in the City include:
• Homeless Outreach-The City has contracted with a 3 rd party to provide citywide comprehensive outreach services. The outreach team will be made up of emergency crisis workers that can immediately assist with multiple family/individual crisis as they arise. The team will assist with case mgmt., motel vouchers, basic needs, medical and transportation. • HOPE Campus-The City is developing a 200 -bed, low-barrier, non -congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement. o Rolling over HOME ARP funds-Funding used to develop the Navigation Center • Homekey Projects
o The City has committed $5 million in American Rescue Plan Act (ARPA) funds to Lutheran Social Services of Southern California (LSSSC) on a State of California Homekey Project to develop a 150-bed, non-congregated interim housing with supportive services. • Legal Aid Society of San Bernardino (Legal Aid) Tenant Protection Program -. Legal Aid will host a two -year program that would only serve City residents free of charge with direct legal representation on matters concerning tenant rights through education to prevent or avoid displacement and homelessness.
Packet Page. 187
Annual Action Plan
2024-2025
44 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. Before 2012, redevelopment activities and funding were the City’s primary tools for assisting with neighborhood revitalization efforts and the 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 an environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delays 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 developments are required to provide sidewalk s 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 a 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. The prevailing wage adds to the 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
Packet Page. 188
Annual Action Plan
2024-2025
45 return on residential investment.
The City undertook a major effort to eliminate constraints, concerning 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 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 introd uced 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. San Bernardino 2050 has prioritized housing .
Homepage -
Future San Bernardino 2050 (futuresb2050.com)
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 202 4-2025, the City will continue to fund its Infill Housing Program and the Owner- Occupied Residential Rehabilitation Program (OORP). Housing Programs - City of San Bernardino (sbcity.org)
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 -
Packet Page. 189
Annual Action Plan
2024-2025
46 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 to create affordable housing for low- and moderate- income households.
Packet Page. 190
Annual Action Plan
2024-2025
47 AP -85 OTHER ACTIONS – 91.220(K)
Introduction:
Priority Needs established in the FY 2020 -2025 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2024-2025 One-Year Action Plan, are as follows:
High Priority Needs:
• Preserve and Rehabilitate Housing
• Expand Homeownership Opportunities
• Provide Homeless and Homeless Prevention Services
Low Priority Needs:
• 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 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. T o leverage additional ongoing resources for housing and homeless services, the City is utilizing 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 has awarded a portion of the PLHA funds to non-profits as well as set aside funds for motel room costs for interim homeless shelter room beds.
The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households.
Actions planned to foster and maintain affordable housing 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 annually r eviews current HOME applications and previously awarded housing projects and reprogram funds as needed to increase the city’s affordable unit volume.
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
Packet Page. 191
Annual Action Plan
2024-2025
48 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 2024-2025, the City will support:
• Service providers can provide street outreach, rapid re-housing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. • Public facilities projects having the greatest impact on the neighborhoods. • The efforts of HACSB provide rental assistance and housing choice vouchers 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 provide 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's 10-Year Strategy to End Homelessness. • A Tenant Protection Program to assist City residents to prevent homelessness and avoid displacement.
• 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 individuals and families.
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.
Actions planned to develop institutional structure
During the next year, the San Bernardino Community Development and Housing 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 continued collaboration will allow the City to coordinate its activities by not duplicating efforts for maximum benefits. 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 Development and Housing 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
Packet Page. 192
Annual Action Plan
2024-2025
49 moderate-income San Bernardino residents. Workforce Development, for example, provides job placement services for pe ople 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.
The City has prioritized HOME-ARP funds and CDBG funds for the development of the HOPE Campus to assist homeless or at-risk for homeless individuals and families.
Discussion:
The implementation of the FY 2024-2025 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead -based paint hazards, and 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.
HOPE Description:
The City planning for the development of HOPE Center, a 200 -bed, low-barrier, non-congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement. The city owns a 2.48-acre property that will be adaptively reused and converted for a non-congregate homeless shelter that will include space for needed homeless and homeless prevention services. The City intends to competitively bid through an RFP process for the project’s design planning and engineering, and construction. The City also intends to interview area social services and shelter operators to find a qualified operator for the shelter. The Navigation Center will include space for a variety of operation al needs and needed services:
• Identification documentation, mailbox, storage locker, and pet kennel area income stabilization guidance
• Job training/placement workstation and training area
• Office space for mental health services, substance abuse recovery, case management, and housing navigation.
Packet Page. 193
Annual Action Plan
2024-2025
50 PROGRAM SPECIFIC REQUIREMENTS
AP -90 PROGRAM SPECIFIC REQUIREMENTS – 91.220(L)(1,2,4) Introduction:
In the implementation of programs and activities under the 202 4-2025 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 benefits for the CDBG program , and recapture requirements for the HOME program. The years 2022, 2023 and 2024 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%
Packet Page. 194
Annual Action Plan
2024-2025
51 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 follows:
The City anticipates leveraging HOME funds with Neighborhood Stabilization Program (NSP) funding and California Permanent Local Housing Allocation Program (PLHA) funds.
2. A description of the guidelines that will be used for the resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
HOME Recapture Provision I f Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstances, 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 the 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 the 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 am ount of the HOME Subsidy to be recovered by the City shall equal 20 percent:
c. (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.
d. In no event shall City’s recovery exceed the amount of the Net Proceeds. e. 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. f. In its homeownership and single -family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
Packet Page. 195
Annual Action Plan
2024-2025
52 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
Beginning from project completion 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.
Packet Page. 196
Annual Action Plan
2024-2025
53 EMERGENCY SOLUTIONS GRANT (ESG) REFERENCE 91.220(L)(4)
1. Include written standards for providing ESG assistance (may include as attachment) See the Attachment under Admin - IDIS (AD-26).
2. If the Continuum of Care (CoC) has established a centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.
The Continuum of Care 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 ne eded, 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 https://inlandsocaluw.org/211.
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 is available to private nonprofit organizations (including community and faith-based organizations).
The City of San Bernardino will competitively procure 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 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, the Community and Economic Development Department staff prepare general funding recommendations. Lastly, a public hearing before City Council will be held to consider the
Packet Page. 197
Annual Action Plan
2024-2025
54 2024-2025Draft Annual Action Plan. The City Council approves 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 attends and participates, on a quarterly basis, in 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 ensure 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 the activities related to the 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 ensure the funding of homeless projects and 10-Year Strategy recommendations.
As the oversight board of the CoC, the ICH's 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; i ii. 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 or ganizations 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 the 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.
Packet Page. 198
Annual Action Plan
2024-2025
55 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.
In 2023 the city created an Outreach Team in partnership with LA County based Hope the Mission.
The Outreach and Engagement T eam continues to work hard by providing outreach services for unhoused individuals, with a wide array of resources, including access to longer- term shelters, rehabilitation programs, and facilitating family reunification, among others. Ensuring that housing priority is given to those who are from San Bernardino. The Outtreach Team provides transportation services to individuals willing to seek shelter, access crisis centers, undergo rehabilitation, or to help reconnect with their families through reunification programs. In addition, the Team plays a pivotal role in guiding unhoused individuals toward the forthcoming City shelter, ensuring that housing priority is given to those who are from San Bernardino.
The City now has a special team under the police station, we are excited to now have a Community Outreach And Support Team (C.O.A.S.T.) a crisis intervention team. Their goal is to intercept calls for service before they go to patrol and/or support patrol on mental health calls. When the team can engage with those experiencing mental health crisis, or do maintenance before they get into crisis, they can reduce calls for service, use of force, build rapport with the public, and reduce the number of “5150’s”.
5. Describe performance standards for evaluating ESG.
ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor 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 s are required to conduct an initial evaluation to determine the eligibility of each individual or family eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.
In alignment with the federal and state strategic plans to end homelessness, the City has established performance measures that require the collection of housing status data at the time of program exit and six months after program exit. Sub-Recipients are required to report on two measures:
• Increased housing stability as measured by the percentage of total program participants served who reside in permanent housing at the time of exit from the program; and • Increased housing stability as measured by the percentage of program participants who at program exit reside in permanent housing and maintain permanent housing for six months from the time of exit.
Packet Page. 199
Annual Action Plan
2024-2025
56 Both measurements should be entered into the HMIS. Preliminary performance benchmarks have been set at 30% for all program participants who exit to permanent housing and 80% for those exiting to permanent housing that remain in permanent housing at a six-month follow-up. These outcome measurements will be in addition to reporting of required universal data elements that track client characteristics and service data.
Packet Page. 200
2 3
1 6
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Interim City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Adoption of Ordinance No. MC-1643 – 2nd Reading of 2022 Building Code (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC-1643 approving new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.
Executive Summary
The adoption of the recommended ordinance will reconcile the City’s plan check practices with the current California State Building Code (2022) rather than the 2019 California State Building Code reflected in the current Municipal Code.
Background
On January 1, 2023, the new California State Building Codes were implemented Statewide in all jurisdictions. However, the City of San Bernardino did not adopt the new code at that time. The City must now adopt the new Building Codes as required by State law.
On September 18, 2024, Mayor and City Council of the City of San Bernardino, California, conducted a Public Hearing for Ordinance No. MC-1643 to approve new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.
Discussion
The proposed changes to the San Bernardino Municipal Code are strictly for the purpose of adoption of the new Statewide Building Code and to clean up some language within Chapter 15 of the San Bernardino Municipal. Additionally, the proposed changes will remove language that allows for Temporary Certificates of Packet Page. 201
2 3
1 6
Occupancy as it has been the policy of the City Building Department not to allow for bonding and Temporary Certificates. This is due to previous and ongoing complications with the issuance of these temporary certificates and the required bonding associated with the certificates.
Table 1 below provides a summary of the proposed changes to Chapter 15 of the Municipal Code
TABLE 1: SUMMARY OF PROPOSED MUNICIPAL CODE CHANGES
Specific
language
changes
•All references to the 2019 California Building Codes will be changed to reflect the 2022 California Codes
Language
removed and
added
•Section 15.20.070 will be removed (Temporary
Certificates of Occupancy)
•Section 15.20.030 will be added (expressly prohibiting Temporary Certificates of Occupancy)
Other proposed
changes to Code
•Minor changes to clean up language of Code Chapter
15 •Language added for waterless urinals
Other sections
removed
•Section 15.34 will be removed as this language exists in the Development Code and is redundant and misplaced
to be in the construction sections of the Municipal Code.
Other sections
added
•Section 15.56 Mobile Home Park Title 25 and Code
enforcement will be added
•Section 15.48 Garage pedestrian door will be added for gate requirements
2021-2025 Strategic Targets and Goals
The request for adoption of the proposed new Building Code aligns with Goal No. 1e:
Minimize risk and litigation exposure and Goal No. 4b: Update the General Plan and Development Code. Updating the City’s Building Code is required by State Law and would bring the City in compliance with current building code standards.
Fiscal Impact
There is no General Fund impact associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC-1643 approving new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.
Attachments
Attachment 1 Ordinance No. MC-1643 Building Code
Packet Page. 202
2 3
1 6
Ward:
All Wards
Synopsis of Previous Council Actions:
On September 18, 2024, the Mayor and City Council held a Public Hearing of Ordinance No. MC-1643 of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approving use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.
Packet Page. 203
Ordinance No. MC-1643
1 5
4 6
3 ORDINANCE NO. MC-1643
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA AMENDING SECTIONS
15.04.020, 15.04.050, 15.04.060, 15.04.070, 15.04.210, 15.04.250, 15.05.010,
15.08.050, 15.10.080, 15.28.150, 15.28.160, 15.36.010, 15.48.040, 15.57.020,
15.57.030, 15.57.040, AND 15.68.050 TO THE SAN BERNARDINO MUNICIPAL CODE AND REPEALING SECTIONS 15.08.060, 15.48.060, AND 15.48.090 OF THE SAN BERNARDINO MUNICIPAL CODE
PERTAINING TO BUILDINGS AND CONSTRUCTION FROM TITLE 5
OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT BY
REFERENCE THE CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING OF THE 2022 CALIFORNIA BUILDING CODE (INCORPORATING AND
AMENDING THE 2021 INTERNATIONAL BUILDING CODE); THE 2022
CALIFORNIA ELECTRICAL CODE (INCORPORATING AND
AMENDING THE 2020 NATIONAL ELECTRICAL CODE); THE 2022
CALIFORNIA PLUMBING CODE (INCORPORATING AND AMENDING
THE 2021 UNIFORM PLUMBING CODE); THE 2022 CALIFORNIA
MECHANICAL CODE (INCORPORATING AND AMENDING THE 2021
UNIFORM MECHANICAL CODE); THE 2022 CALIFORNIA ENERGY
CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022 CALIFORNIA FIRE CODE; THE 2022 CALIFORNIA GREEN
BUILDING STANDARDS CODE; THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 INTERNATIONAL PROPERTY MAINTENANCE
CODE; AND THE 2022 CALIFORNIA EXISTING BUILDING CODE.
WHEREAS, pursuant to Government Code section 50022.1 et seq., the City of San Bernardino (“City”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations and other codes, including, without limitation, the California Administrative Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Fire Code, California Green Building Standards Code, International Residential Code, International Property Maintenance Code, and International Existing Building Code; and
WHEREAS, the California Building Standards Commission (“Commission”) recently adopted the 2022 Edition of the California Building Standards Code; and WHEREAS, Health and Safety Code sections 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, and topographical conditions; and WHEREAS, the City held a public hearing on September 18, 2024, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to Government Code section 6066 on August 15, 2024 and August 22, 2024; and
Packet Page. 204
Ordinance No. MC-1643
2 5
4 6
3 WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Section 15.04.020 of the SBMC is hereby amended to state in full as follows:
TITLE 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.04 Building Codes
15.05 Property Maintenance Code
(Added by Ord. MC-1417, 10-05-15)
15.08 Liquefaction
15.10 Foothill Fire Zone Building Standards
15.11 Building Safety Enhancement Area Building Standards
15.12 Earthquake Hazard Reduction in Existing Buildings
15.16 Uniform Fire Code (Repealed by Ord. MC-1422, 5-16-16)
15.20 Certificate of Occupancy
15.24 Property Maintenance Requirements
15.25 Multi-Family Rental Housing Fire Inspection Program
15.26 Single-Family Rental Property Inspection Program
15.27 Crime-Free Rental Housing Program
15.28 Dangerous Buildings
15.32 (Repealed by Ord. MC-781, 4-22-91)
15.34 Removal or Destruction of Trees
15.36 Demolition and Moving of Buildings and Structures
Packet Page. 205
Ordinance No. MC-1643
3 5
4 6
3 15.37 Historic Building Demolition Ordinance
15.38 (Repealed by Ord. MC-880, 6-23-93)
15.40 (Repealed by Ord. MC-880, 6-23-93)
15.44 (Repealed by Ord. MC-880, 6-23-93)
15.48 Swimming Pools
15.52 (Repealed by Ord. MC-781, 4-22-91)
15.55 City Assumption of Code Enforcement in Mobile Home Parks (Repealed by Ord. MC-1379, 10-15-12)
15.56 (Repealed by Ord. MC-781, 4-22-91)
15.57 Cultural Development Construction Tax
15.60 (Repealed by Ord. MC-880, 6-23-93)
15.64 (Repealed by Ord. MC-84, 7-21-81)
15.68 Washers, Dryers, Extractors, and Compressors
15.72 (Repealed by Ord. MC-781, 4-22-91)
1 For statutory provisions authorizing cities to regulate buildings and construction, see Gov. Code §§38601 and 38660; for provisions on the construction of housing, see Health and Safety Code §17910 et seq., for provisions authorizing cities to adopt codes by reference, see Gov. Code §50022.1 et seq.
[Return to Municipal Code Contents]
15.73 Verdemont Area - Infrastructure Fee
15.74 Violation - Penalty.
Chapter 15.04
BUILDING CODES
As Amended by Ord. MC-1433, 12-21-16
Sections:
15.04.010 - Citation
15.04.020 - Adoption of Codes by Reference
15.04.030 - Applicability
Packet Page. 206
Ordinance No. MC-1643
4 5
4 6
3 15.04.040 - Definitions
15.04.050 CBC - Appendix Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work
15.04.060 CBC - Appendix Chapter 1, Section 112.1.1 is added – Board of Appeals Designated
15.04.070 - CBC Appendix Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit
15.04.080 - Applicable Fees and Fee Exemptions
15.04.090 CBC - Section 2204.1.1 is added Qualification of Welding Operators.
15.04.100 CBC - Section 3109.1.1 is added - Barriers for Swimming Pools
15.04.110 CBC - Appendix J, Section J101.3 is added – Alquist-Priolo Earthquake Fault Zones.
15.04.120 CBC - Appendix J, Section J101.4 is added - Enforcement Authority
15.04.130 - On-site Improvement Permit
15.04.140 - Preparation of Grading Plans
15.04.150 - On-Site Improvement Plans and Specifications
15.04.160 - Information on On-Site Improvement Plans
15.04.170 - On-site Improvement Plan Review and Permit Fees
15.04.180 - Inspection of On-Site Improvements
15.04.190 - Bonds Required
15.04.200 CBC - Appendix J, Section J110.1 is added Planting of Slopes
15.04.210 CBC - Appendix J, Section J112 is added- Grading Operations
15.04.220 CBC - Appendix J, Section J110.3 is added- Final Repots [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
1207
15.04.230 - Driveway Configurations
Packet Page. 207
Ordinance No. MC-1643
5 5
4 6
3 15.04.240 - Location of Slopes
15.04.250 - Automatic Fire Sprinkler Systems- Residential Additions
15.04.260 - Stop Work Order
15.04.010 - Citation
The ordinance codified in this chapter shall be known as the "San Bernardino Building Code" hereinafter referred to as the "Building Code".
15.04.020 Adoption of Codes
Except as provided in this chapter, the code currently adopted State Building Code under title 24 sections parts 1-6, 8, 9 and 11 of the CCR known and designated as the 2022 California Building Codes (CBC), as adopted by the State of California, based on the 2021 International Building Code published by the International Code Council and the Plumbing and Mechanical Codes written by IAPMO and the National Electrical Code and Fire Code as written by NFPA, shall become the administrative provisions of the City of San Bernardino for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the city. Chapter 1 of the 2022 California Building Code and all other formally adopted building Code will be on file for public examination in the offices of the building official as required by State Law.
The City of San Bernardino does hereby formally adopt the State of California model building Codes into local law as listed below:
2022 California Administrative Code Title 24 Part 1
2022 California Building Code Title 24 Part 2 (Volumes 1 & 2) 2022 California Electrical Code Title 24 Part 3 (based on 2017 NEC) 2022 California Mechanical Code Title 24 Part 4 (based on 2018 Uniform Mechanical Code)
2022 California Plumbing Code Title 24 Part 5
2022 California Energy Code Title 24 Part 6
2022 California Historical Building Code Title 24 Part 8 2022 California Fire Code Title 24 Part 9 (specific amendments to the California Fire Code are to be adopted by district for the greater San Bernardino County Fire District and will include Office of the State Fire Marshall requested amendments.) 2022 California Green Building Standards Code Part 11
Packet Page. 208
Ordinance No. MC-1643
6 5
4 6
3 All sections of the Code listed here and legally adopted by the State of California’s Building Standards Commission or by the Office of the State Fire Marshall shall be formally adopted by the City of San Bernardino as the California Building Code to be enforced within the City limits as required by state law. Sections and appendices not specifically adopted by the aforementioned State offices are hereby adopted by reference.
2. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition;
3. International Residential Code, Appendix H, 2018 2021 edition;
4. International Property Maintenance Code (IPMC), 2021 edition; and
5. International Existing Building Code (IEBC), 2021 edition.
C. Copies of all Codes listed above shall be on file in the Community and Economic Development
Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. These codes are also available for view on the International Code Conference website http://www.ICCsafe.org Added for the purpose of public information and transparency.
15.04.030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the City in violation of, or without complying with the appropriate provisions of this Chapter.
In the event of any inconsistency or conflict between the above codes and the requirements of other City ordinances or State statutes, the State statutes and City ordinances shall govern.
15.04.040 Definitions
"City" in the above-mentioned section and codes shall be deemed to refer to and designate the City of San Bernardino, and any reference to any act or legislative enactments herein referred to shall be deemed to designate and embrace the statutes of the State, and the amendments thereof, dealing with the subject matter thereby and therein referred to.
15.04.050 CBC Chapter 1, Section 105.5.1 is added –
Section 105.5 Prima Facie Evidence of Abandoned Work
Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180-day period shall be
Packet Page. 209
Ordinance No. MC-1643
7 5
4 6
3 prima facie evidence that the work has been abandoned and the permit shall have expired.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
1209
15.04.060 CBC Chapter 1, Section 113.1.1 is added
Board of Appeals Designated
Section 113.1.1 Board of Appeals Designated
1. The Board of Building Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The Building Official or his designee shall be Clerk of the Board. The Board shall have such duties as are delegated to it by the California Building Code (CBC) Section 113 as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code.
15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit
2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.
15.04.080 Applicable Fees and Fee Exemptions
Applicable Fees: The fees for building, electrical, plumbing, and mechanical permits shall be as set forth in the latest adopted edition of the California Administrative Code, subject to such amendments thereto as are adopted in this Chapter, and subject to further amendments as adopted by resolution of the Mayor and Common Council.
15.04.090 CBC Section 2204.1.1 is added Qualification of Welding Operators Section 2204.1.1 Qualification of Welding Operators.
In addition to Section 2204.1, the following subsections shall govern all welding work:
1. All welding shall be done by qualified operators approved by the Building Official. The Building Official shall prescribe rules and regulations for the tests of welders, and no
Packet Page. 210
Ordinance No. MC-1643
8 5
4 6
3 operator shall be approved by the Building Official unless and until he/she has first successfully completed such tests as may be given by the Department of Adult Vocational Education of the San Bernardino City Schools, or San Bernardino Valley College, or has obtained such approval because he/she holds a current welding certificate issued by an accredited testing agency based upon the requirements of the California Department of Adult-Vocational Education.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
1210
A certificate shall be issued to operators by the Building Official upon successful completion of the required test or tests and/or approval as aforesaid being obtained.
Requests for the certificate shall be made by the operator within thirty (30) days after completion of the test. The certificate shall be valid for two years.
Subsequent certificates may be obtained by successful completion of required tests, or when the approved operator submits sufficient evidence to the Department of Adult- Vocational Education of the San Bernardino City Schools, or San Bernardino Valley College that he/she has regularly engaged in such work and that such work has been satisfactorily performed during the past year.
2. Every welder employed for welding of steel plate of No. 8 gauge thickness or less shall be qualified for light gauge welding. Every welder employed for field welding shall be qualified to weld in the flat, vertical and overhead positions. Welders, including light gauge welders who are employed for shop welding, shall be qualified in the flat, vertical and horizontal positions.
3. Structural steel welding operators shall be qualified as prescribed by the latest edition of the Structural Welding Code of the American Welding Society.
4. After a welder has passed the required tests, he/ she must be capable of performing neat and consistently good work in actual operation. Carelessness, inability to maintain a uniform arc and poor workmanship will be deemed sufficient cause for revocation of the welder's certificate.
5. A fee of Three hundred ninety-four dollars and seventy-four cents ($394.74) will be charged by the City of San Bernardino for each original or renewed certificate, which shall be valid for two (2) years.
6. At the time application is made, a certificate may be issued without examination upon presentation of proper evidence that the welder is currently approved for the position either by the Department of Adult-Vocational Education or other acceptable proof of qualification.
Packet Page. 211
Ordinance No. MC-1643
9 5
4 6
3 7. Testing shall be done under the supervision of the San Bernardino City Schools, Department of Adult-Vocational Education of San Bernardino Valley College or other accredited testing agency.
15.04.100 CBC Section 3109.1.1 is added - Barriers for Swimming Pools The requirements of CBC Section 3109 shall apply to single-family swimming pool barriers. Swimming pools, spas, and hot tubs for which an application for a building permit was submitted prior to July 23, 1993 shall comply with the requirements contained in Chapter 15.48 of the San Bernardino Municipal Code.
[Rev. June 2019]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
1211
15.04.110 CBC Appendix J, Section J101.3 is added -
Alquist-Priolo Earthquake Fault Zones
J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those requirements set forth in the "Alquist-Priolo Earthquake Fault Zoning Act (Division 2, Chapter 7.5, California Public Resources Code). This Act is intended to represent minimum criteria for all structures that fall within the boundaries as shown on the "Earthquake Fault Zones Maps" as prepared by the California Division of Mines and Geology.
15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/her designee shall have the authority for the enforcement of IBC Appendix Chapter J and any amendments thereto.
15.04.130 On-site Improvement Permit
No person shall construct any on-site improvement for motor vehicle parking or vehicle circulation, the disposal of waste through a private sewer main, the conveyance of storm waters, or landscaping and irrigation systems, without first obtaining a permit from the Building Official. A permit issued by the Building Official for the purpose of construction of the improvements set forth herein shall hereafter be known as an on-site improvement permit.
15.04.140 CBC Appendix J, Section J103.1.1 is added
Preparation of Grading Plans
Packet Page. 212
Ordinance No. MC-1643
10 5
4 6
3 A grading plan and a grading permit shall be required for any grading activity involving more than 50 cubic yards. All grading plans shall be prepared by a registered civil engineer.
15.04.150 On-Site Improvement Plans and Specifications
When required by the Building Official, plans and specifications, and verification of land use entitlement shall accompany each application for an on-site improvement permit.
Plans and specifications required by the Building Official shall be prepared and signed by a registered civil engineer. Specifications may be incorporated into the plans as general notes in lieu of a separate document. Verification of land use entitlement requirements are incorporated into the Grading Policy promulgated by the Community Development Department.
15.04.160 Information on On-site Improvement Plans
On-site improvement plans shall contain all information set forth in CBC Chapter 1, Section 105. 3 and shall include additional information as required by the Building Official. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.04.170 On-site Improvement Plan Review and Permit Fee When an on-site improvement plan is required to be submitted, a plan review fee shall be paid at the time of submittal of plans and specifications. Items to be reviewed shall be improvements including, but not limited to, paving, curbs, sidewalks, private sewer mains, drainage facilities, landscaping, and irrigation systems.
Fees for each on-site improvement permit shall be paid to the City at the time of permit issuance. Said on-site plan review and permit fees shall be in an amount established by resolution of the Mayor and Common Council.
15.04.180 Inspection of On-Site Improvements
All on-site improvements for which a permit is required shall be subject to inspection by the Building Official or his/her designee.
15.04.190 Bonds Required
A grading permit shall not be issued unless the applicant has first posted with the Building Official a good and sufficient surety bond, cash, letter of credit (Col) or certificate of deposit in such an amount as the Building Official shall estimate and determine to be necessary to cover the total cost of the project, including corrective work necessary to remove and eliminate geological hazards. The Building Official shall require a written itemized estimate of the costs of the grading. The amount of the required bond, cash,
Packet Page. 213
Ordinance No. MC-1643
11 5
4 6
3 instrument of credit or certificate of deposit, is based on the estimate of cost and shall be given to the owner or applicant prior to the issuance of the permit.
When security for the grading is provided for a development on the site where the grading is to be done, the bond for the grading required shall be released upon submission of evidence by the permittee to the Building Official that the grading work is complete and signed off by the Construction Engineer.
An agreement between the Redevelopment Agency, the Inland Valley Development Agency, or the San Bernardino International Airport Authority, and the City of San Bernardino, approved by the City Attorney and unconditionally providing and guaranteeing that said Agency shall provide those grading and other improvements and pay the costs thereof required, may be filed with the Building Official as security in lieu of said bond, cash or certificate of deposit wherever said project is located in a redevelopment project area and the agreement recites that the street improvements are in compliance with the
Redevelopment Plan for said area and in furtherance of the public interest in promoting public or private development.
15.04.200 CBC Appendix J, Section J110.1.1 is added - Planting of Slopes J110.1.1 Planting of Slopes. The Building Official may waive the planting of any slope less than 5 feet in vertical height. An automatic irrigation system shall be installed for planted slopes unless recommended otherwise in the preliminary soils report or waived by the Building Official. If required by the Building Official, a recommendation for types of planting materials shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final inspection, provide the Building Official with a statement that the planting has been done in accordance with his recommendations approved by the Building Official.
[Rev. June 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.04.210 CBC Appendix J, Section J112 is added - Grading Operations J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the Building Official and incorporated into the Grading Policy promulgated by the Community Development Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other causes.
Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of
Packet Page. 214
Ordinance No. MC-1643
12 5
4 6
3 the Building Official or the Building officials designated representative or observed and supervised by such an individual. Typical qualified individuals would include a licensed contractor, geologist or engineer.
J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice.
J112.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading.
15.04.220 CBC Appendix J, Section J110.3 is added - Final Reports J110.3 Final Reports. A statement from the Landscape Architect shall be submitted to the City Engineer stating that the planting and irrigation system(s) have been installed in accordance with his recommendations.
15.04.230 Driveway Configurations
Driveways to residential garages of more than 30 feet in length shall extend for a minimum distance of 20 feet from the garage on a maximum grade of 5%. Driveways less than 30 feet in length shall have a maximum grade of 8% for a minimum distance of 20 feet from the garage. No portion of a driveway shall exceed a grade of 20%. Driveways shall be designed so that the algebraic difference in grades will not cause a car to drag or hang up.
15.04.240 Location of Slopes
Slopes shall be positioned on the downhill lot unless waived by the City Engineer. [Rev. June 2019]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.04.250 Automatic Fire Sprinklers- Residential Additions That Authority to require passive fire suppression (sprinklers) for residential additions will be determined by the acting Fire Authority based on availability of water and existing hydrants fire flow within the area of the proposed structure.
15.04.260 Stop work order
Packet Page. 215
Ordinance No. MC-1643
13 5
4 6
3 A. Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in San Bernardino Municipal Code Section 9.90.010 A2, 3, 4, 5, 6 or 8, shall be guilty of a misdemeanor.
B. Each day during any part of which the activity prohibited by subdivision (a) of this section continues shall be a distinct and separate offense. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.05 Property Maintenance Code
(Added by Ord. MC-1417, 10-05-15)
15.05.010 Citation of Sections
15.05.102.3 (Repairs, additions or alterations to a structure)
15.05.103.1 (Code Official)
15.05.104.3
15.05.106.4 (Violation Penalties)
15.05.107.1 (Notice to Person Responsible)
15.05.111 (Appeals)
15.05.112.4 (Failure to Comply)
15.05.201.3 (Definitions)
15.05.302.4 (Weeds)
15.05.302.9 (Defacement of Property Deleted)
15.05.304.3 (Premises Identification)
15.05.304.14
15.05.304.18
15.05.307 (Handrails and Guardrails)
Packet Page. 216
Ordinance No. MC-1643
14 5
4 6
3 15.05.401.3 (Alternative Devices)
15.05.502.5 (Public Toilet Facilities)
15.05.505.1 (Public Fixture Connections)
15.05.602.2 (Heating Facilities)
15.05.602.3 (Heat Supply, Exceptions 1 & 2 deleted)
15.05.602.4 (Occupiable Workspaces deleted)
15.05.604.2 (Service)
15.05.604.3.1.1 (Electrical Equipment exposed to water)
15.05.604.3.2.1 (Electrical Equipment exposed to fire)
15.05.702.1 (General)
15.05.702.2 (Aisles)
15.05.702.3 (Locked Doors)
15.05.704.1 (Fire Protection Systems)
15.05.704.2 (Smoke Alarms)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.05.010 Citation of Sections
This chapter shall be known as the "Property Maintenance Code," and may be cited as such. For purposes of citation, the International Property Maintenance Code, 2021 Edition, published by the International Code Conference; adopted by reference and amended by the City, is renumbered by adding "15.05." before each section.
15.05.102.3
International Property Maintenance Code Section 102. 3 is amended to read as follows:
102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Building Code, California Mechanical Code,
Packet Page. 217
Ordinance No. MC-1643
15 5
4 6
3 and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code."
15.05.103.1
International Property Maintenance Code Section 103. 1 is amended to read as follows:
103.1 "The Chief of Police or the Director of Community Development and Housing or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code."
15.05.104.3
International Property Maintenance Code Section 104.3 is amended to add the following phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California."
15.05.106.4 International Property Maintenance Code Section 106.4 is amended to read as follows:
106.4 "Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code."
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.05.107.1
International Property Maintenance Code Section 107.1 is amended to read as follows:
107.1 "Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3."
15.05.111
International Property Maintenance Code Section 111 and subsections are amended to read as follows:
111 "The Administrative Law Officer established in Section 9.92.020 of the San Bernardino Municipal Code, shall hear and determine any appeal arising from an action or determination made by the code official relative to the application and interpretation of
Packet Page. 218
Ordinance No. MC-1643
16 5
4 6
3 this code. Section 9.92.130 of the municipal code shall apply to the Administrative Law Officer' s determination. An appeal shall be filed, if at all, in accordance with the requirements and within the time period set forth in Section 9.92.180 of the San Bernardino Municipal Code."
15.05.112.4
International Property Maintenance Code Section 112.4, Failure to comply, is amended to read as follows: 112.4 Failure to Comply "Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [SBMC] 9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112.1 of this section continues shall be a distinct and separate offense."
15.05.201.3
International Property Maintenance Code Section 201.3 is amended to read as follows:
201.3 Definitions. "Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes."
15.05.302.4
International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows:
302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8.30, Abatement of Public Nuisances."
15.05.302.9
International Property Maintenance Code Section 302.9, defacement of property, is deleted.
Packet Page. 219
Ordinance No. MC-1643
17 5
4 6
3 15.05.304.3
International Property Maintenance Code Section 304.3 is amended to read as follows:
304.3 Premises Identification "Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12.32.030 and/or 15.16.126."
15.05.304.14
International Property Maintenance Code Section 304.14 is deleted.
15.05.304.18
International Property Maintenance Code Section 304.18 is deleted.
15.05.307
International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows:
307 Handrails and Guardrails "Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition." [Rev. . 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.05.401.3
International Property Maintenance Code Section 401. 3 is amended to read as follows:
401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted."
15.05.502.5
International Property Maintenance Code Section 502.5, Public toilet facilities, is amended to read as follows:
502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises."
Packet Page. 220
Ordinance No. MC-1643
18 5
4 6
3 15.05.505.1
International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows:
505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system (Waterless urinals shall have an available source of water). All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code."
15.05.602.2
International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows:
602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human occupancy shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms."
15.05.602.3
International Property Maintenance Code Section 602. 3, Heat supply, Exceptions #1 and #2 are deleted.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.05.602.4
International Property Maintenance Code Section 602.4, Occupiable workspaces, is deleted.
15.05.604.2
International Property Maintenance Code Section 604.2, Service, is amended to read as follows:
604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240-volt, single-phase electrical service having a rating of not less than 60 amperes."
Packet Page. 221
Ordinance No. MC-1643
19 5
4 6
3 15.05.604.3.1.1
International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is amended to read as follows:
604.3.1.1 Electrical Equipment "Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted."
15.05.604.3.2.1
International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is amended to read as follows:
604.3.2.1 Electrical Equipment "Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code."
The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted.
15.05.702.1
International Property Maintenance Code Section 702.1, General, is amended to read as follows:
702.1 General "General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.05.702.2
International Property Maintenance Code Section 702.2, Aisles, is amended to read as follows:
702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed."
Packet Page. 222
Ordinance No. MC-1643
20 5
4 6
3 15.05.702.3
International Property Maintenance Code Section 702.3, Locked doors, is amended to read as follows:
702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive."
15.05.704.1
International Property Maintenance Code Section 704.1, General, is amended to read as follows:
704.1 Fire Protection Systems "General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code."
15.05.704.2
International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows:
704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.08
LIQUEFACTION
Sections:
15.08.010 Findings
15.08.020 Purpose
15.08.030 Scope - Map
15.08.040 Liquefaction Defined
Packet Page. 223
Ordinance No. MC-1643
21 5
4 6
3 15.08.050 Reports Required
15.08.060 Exemptions
15.08.070 Administration and Enforcement
15.08.080 Compliance Required Prior to Issuance of Permits
15.08.090 Appeal
15.08.010 Findings
Local governing bodies are required to adopt policies for the protection of the community against geologic and seismic hazards pursuant to California Government Code Section 65302. The primary geologic and seismic hazards that could potentially affect San Bernardino include fault rupture, ground shaking historic high ground water, and soil matrix. These hazards could cause liquefaction resulting in extensive property damage and loss of life in susceptible areas of the City. Liquefaction reports plus mitigation measures for new development in susceptible areas will greatly reduce the risk of damage from liquefaction induced building failures during an earthquake occurrence. (Ord. MC-676, 9-19-89)
15.08.020 Purpose
The purpose of this Code is to reduce the potential risk of property damage and loss of life due to liquefaction induced building failures during an earthquake occurrence by requiring liquefaction reports and mitigation measures for development in areas susceptible to liquefaction within this jurisdiction.
(Ord. MC-676, 9-19-89)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.08.030 Scope - Map
A map is included in the General Plan indicating areas of liquefaction susceptibility. All new development projects, or structural modifications over twenty five percent (25%) of the building area, which are located within the areas of liquefaction susceptibility as determined by the latest adopted edition of the General Plan Map (Map) may be required to provide liquefaction reports and mitigation measures. The liquefaction susceptibility areas indicated on the map have a historic high ground water table within thirty (30) feet of the surface.
(Ord. MC-676, 9-19-89)
Packet Page. 224
Ordinance No. MC-1643
22 5
4 6
3 15.08.040 Liquefaction Defined
Liquefaction is defined as the transformation of a granular material from a solid state into a liquefied state as a consequence of increased pore-water pressures. Soils and clastic sediment with particle size in the medium sand to silt range, as determined by the Unified Soils Classification System, are particularly susceptible to liquefaction when they are saturated with water and shaken by an earthquake. Liquefaction at or near the surface can result in foundation failure and property damage.
(Ord. MC-676, 9-19-89)
15.08.050 Reports Required
A. A liquefaction report plus mitigation measures prepared by a Registered Civil Engineer shall be required by the Director of Development Services for new construction or structural modification of more than twenty-five percent (25%) of the building area for the buildings or structures listed below which fall within the high liquefaction susceptibility areas as indicated on the Map:
1. Essential facilities, as defined in Table 1604.4 of the California Building code, including but not limited to hospitals and other emergency medical facilities, fire and police stations, and government disaster operation and communication centers.
2. Buildings where the primary occupancy is for assembly use for more than fifty (50) persons in one room.
3. Buildings over two stories in height.
4. Buildings with the following occupancies, as listed in the California Building Code:
a. Group A, (Assembly) Divisions 1, 2 and 2.1;
[Rev 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
b. Group E, (Educational) Division 1;
c. Group H, (High Hazard) Divisions 1 and 2; and
d. Group I, (Institutional) Divisions 1 and 2.
5. Buildings with an occupant load of more than 300, as determined Table 1004.1.2 of the California Building Code.
6. Underground tanks of more than 5,000 gallons, for storage of toxic, hazardous or flammable materials.
Packet Page. 225
Ordinance No. MC-1643
23 5
4 6
3 7. Tanks with a height of more than 35 feet.
8. Towers with a height of more than 35 feet.
15.08.070 Administration and Enforcement
The Director of Community Development and Housing shall promulgate written procedures, regulations, guidelines and fees pertaining to the implementation and enforcement of this Chapter. Such procedures, regulations, guidelines and fees shall not become effective until they have been approved by the Mayor and City Council. (Ord. MC-1027, 9-09-98; Ord. MC-676, 9-19-89)
15.08.080 Compliance Required Prior to Issuance of Permits Any person, business, organization or corporation failing to provide the required liquefaction reports and mitigation measures to the Director of Community Development and Housing in compliance with this Chapter shall be denied issuance of grading and building permits.
(Ord. MC-1027, 9-09-98; Ord. MC-676, 9-19-89)
15.08.090 Appeal
Any interested person aggrieved by the determination of the Director of Community Development and Housing may appeal the decision to the Mayor and City Council in accordance with the provisions of Chapter 2.64 of this Code. (Ord. MC-1027, 9-09-98; Ord. MC-676, 9-19-89)
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.10
FOOTHILL FIRE ZONE BUILDING STANDARDS
Sections:
15.10.020 Purpose
15.10.030 Very High Fire Hazard Severity Zones
15.10.040 Scope
15.10.060 Applicability
15.10.080 Applicable Building Standards
15.10.020 Purpose
Packet Page. 226
Ordinance No. MC-1643
24 5
4 6
3 The purpose of this Chapter is to promote public safety and welfare by reducing the risk of injury, death, or property damage that may result from wild-land fires in the foothill areas of the City. The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise reduce the spread of fire on developed properties, by controlling the use of materials and methods of construction. (Ord. MC-1163, 1-23-04; Ord. MC-1162, 1-06-04; Ord. MC-960, 3-06-96)
15.10.030 Very High Fire Hazard Severity Zones
Very High Fire Hazard Severity Zones are hereby designated in the City of San Bernardino as recommended by the Director of the California Department of Forestry and Fire Protection within the City of San Bernardino as depicted on a map titled City of San Bernardino Very High Fire Hazard Severity Zones dated October 29, 2008, on file at the office of the City Clerk, 300 N. D Street, San Bernardino, California. (Ord. MC-1309, 7-06-09)
15.10.040 CBC Section 701A.3.2 is added— Existing Structures 701A.3.2 Existing Structures. For existing structures, retrofitting of an element is required when more than 60% replacement of that element occurs. An addition to an existing structure need not comply with these standards if the addition does not exceed 60% of the floor are of the existing structure and the existing structure was not required to meet these construction standards when originally constructed. Retrofitting of an entire structure is required when a combination of elements is replaced or other repairs are made equal in value to 60% or more of the replacement cost of the structure as determined by the building official. Alterations made to a structure shall not increase the degree of non-conformity in regard to these standards.
Ord. MC-1395, 1-06-14; Ord. MC-1337, 11-15-10
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.10.060 Applicability
The requirements of this Chapter shall apply to those properties located in Foothill Fire Zones A, B, or C as defined in Chapter 19.15 and those properties located in a Very High Fire Hazard Severity Zone as designated by the State of California. (Ord. MC-1262, 12-18-07; Ord. MC-1261, 12-04-07; Ord. MC-1163, 1-23-04; Ord. MC-1162, 1-06-04; Ord. MC-960, 3-06-96)
Packet Page. 227
Ordinance No. MC-1643
25 5
4 6
3 15.10.080 Applicable Building Standards
The building standards contained in the California Building Code, Chapter 7A, shall apply in the Foothill Fire Zones and in state designated Very High Fire Hazard Severity Zones.
In addition, the following requirements shall apply as noted herein:
A. Fencing shall be of approved noncombustible or ignition-resistant material.
B. Vinyl window frame assemblies shall have the following characteristics:
1. Frames shall have welded corners and metal reinforcement in the interlock area;
2. Dual-paned insulated glazed units with at least one pane of tempered glass;
3. Frame and sash profiles are certified in AAMA Lineal Certification Program (verified by an AAMA product label or a Certified Products Directory);
4. Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural requirements.
C. Roof mounted turbine vents shall not be permitted
D. All roof coverings shall be of non-wood materials with at least a Class A fire-retardant rating.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
F. Paper-faced insulation shall be prohibited in attics or ventilated spaces. (Ord. MC-1395, 1-06-14; Ord. MC-1337, 11-15-10; Ord. MC-1262, 12-18-07; Ord. MC-1261, 12-04-07; Ord. MC-1163, 1-23-04;
Ord. MC-1162, 1-06-04; Ord. MC-960, 3-06-96)
Chapter 15.11
BUILDING SAFETY ENHANCEMENT AREA
BUILDING STANDARDS
Sections:
15.11.020 Purpose
15.11.040 Scope/Applicability
15.11.080 Building Safety Enhancement Area Building Standards
Packet Page. 228
Ordinance No. MC-1643
26 5
4 6
3 15.11.020 Purpose
The purpose of this Chapter is to promote public safety and welfare by reducing the risk of injury, death, or property damage that may result from urban conflagrations spread by high winds. The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise reduce the spread of urban fire by controlling the use of materials and methods of construction.
15.11.040 Scope/Applicability
The Building Safety Enhancement Area Building Standards shall apply to all newly constructed buildings, structures, or appurtenances outside the Foothill Fire Zones (as defined in Chapter 19.15) and located in any of the following areas:
A. Those areas of the City designated by Council Resolution after a noticed public hearing as being located within a Building Safety Enhancement Area as follows:
1. Four or more abutting (as defined in Chapter 19.02 of the Development Code) parcels with at least four dwellings with each dwelling damaged over 60% by fire or other catastrophe.
2. All dwellings and commercial structures damaged over 60% by fire or other catastrophe that are located within a block (as defined in Chapter 19.02 of the Development Code) in which 50% or more of the dwellings and commercial structures have each incurred damage over 60% by fire or other catastrophe.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
B. Those new residential housing tracts comprised of four or more dwelling units for which building permit applications are submitted after the effective date of this ordinance.
C. Those new commercial structures that are 5,000 square feet or larger, for which building permit applications are submitted after the effective date of this ordinance.
15.11.080 Building Safety Enhancement Area Building Standards A. Exterior walls. Exterior walls shall be constructed of non-combustible materials or shall provide the equivalent to a minimum of 1-hour fire resistance rated construction on the exterior side.
B. Eaves. Eaves shall be enclosed with a minimum 7/8-inch stucco equivalent protection.
C. Exterior glazing. Exterior glazing shall comply with the provisions of the California Building Code and with the following additional requirements:
Packet Page. 229
Ordinance No. MC-1643
27 5
4 6
3 1. Exterior windows, window walls and glazed doors, and windows within exterior doors, shall be tempered glass, or multi-layered glass panels (dual- or triple-paned), or other assemblies approved by the Building Official.
2. Vinyl window frame assemblies shall be prohibited, except when they have the following characteristics:
a) Frame and sash are comprised of vinyl material with welded corners; b) Metal reinforcement in the interlock area;
c) Glazed with insulated glass or tempered;
d) Frame and sash profiles are certified in AAMA Lineal Certification Program (verified with either an AAMA product label or Certified Products Directory); and e) Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural requirements. f) Except when needed to meet the requirements of the California Energy Code at Title 24, Part 6 of the California Code of Regulations.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
D. Garage Doors. Garage doors shall be constructed of noncombustible materials or fire- retardant treated wood.
E. Vents.
1. All vents shall be covered with 1/8-inch mesh corrosion-resistant metal screen or other approved material that offers equivalent protection.
2. Roof-mounted turbine vents shall not be permitted.
F. Insulation. Paper-faced insulation shall be prohibited in attics or ventilated spaces.
G. Roof covering. All roof covering shall be of non-wood materials with at least a Class A or B fire-retardant rating. The open ends of high-profile tile roofs shall be capped with non-ignitable material to prevent birds' nests or other combustible material from accumulating. Gutters and downspouts shall be constructed of non-combustible material.
H. Fences. Where wood or vinyl fencing is used, there shall be a minimum of 5' separation between the wood or vinyl fencing and the wall of the nearest structure except on those properties where previous construction occurred pursuant to a previous Code. Fencing within the 5' separation area shall be of non-combustible material or 1-hour fire- resistance-rated construction.
Packet Page. 230
Ordinance No. MC-1643
28 5
4 6
3 (Ord. MC-1163, 1-23-04; Ord. MC-1162, 1-06-04)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.12
EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS
Sections:
15.12.010 (Repealed by Ord. MC-1262, 12-18-07;
Ord. MC-1261, 12-04-07)
15.12.020 (Repealed by Ord. MC-1053, 8-04-99)
15.12.030 (Repealed by Ord. MC-1053, 8-04-99)
15.12.040 (Repealed by Ord. MC-1053, 8-04-99)
15.12.050 (Repealed by Ord. MC-873, 5-26-93)
15.12.060 (Repealed by Ord. MC-873, 5-26-93)
15.12.070 (Repealed by Ord. MC-873, 5-26-93)
15.12.080 (Repealed by Ord. MC-873, 5-26-93)
15.12.090 (Repealed by Ord. MC-873, 5-26-93)
15.12.100 (Repealed by Ord. MC-1053, 8-04-99)
15.12.110 (Repealed by Ord. MC-1053, 8-04-99)
15.12.120 (Repealed by Ord. MC-1053, 8-04-99)
15.12.130 (Repealed by Ord. MC-1053, 8-04-99)
15.12.140 (Repealed by Ord. MC-1053, 8-04-99)
15.12.200 Sign Posting
15.12.300 Vacant Unreinforced Masonry Buildings
15.12.200 Sign Posting
Packet Page. 231
Ordinance No. MC-1643
29 5
4 6
3 A. Any building owner who has received actual or constructive notice from the Building Official that a building located in the City of San Bernardino is constructed of unreinforced masonry, shall post in a conspicuous place at the entrance of said building, on a sign not less than 5" x 7" the following statement, pursuant to Government Code Section 8875.8, printed in not less than 30-point bold type:
This is an unreinforced masonry building. Unreinforced masonry buildings may be unsafe in the event of a major earthquake.
B. Pursuant to Government Code Section 8875.9, this section shall not apply to unreinforced masonry construction if the walls are non-load bearing with steel or concrete frame.
C. Section 15.74.010 of the San Bernardino Municipal Code shall not apply to any violation of this section.
[Rev. . 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
D. If the owner of a building is not in compliance with the posting requirements of subsection A above on or after December 31, 2004, and the owner has received actual or constructive notice from the Building Official that their building is of unreinforced masonry construction and has not been retrofitted to the standards identified in Section
15.12.010, the owner shall post and maintain in a conspicuous place at the entrance of the building, a sign not less than 8"x10" with the following statement, with the first two words printed in 50-point bold type and the remaining words in at least 30-point type:
“Earthquake Warning. This is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake.” The posting shall be visible from the exterior entrance of the building.
An owner who is subject to this section and who does not comply with the posting requirements shall be subject to an administrative citation pursuant to San Bernardino Municipal Code Chapter 9.92 and subject to an administrative fine of two hundred and fifty dollars ($250) no sooner than 15 days after notification by the Building Official that the owner is subject to the administrative fine.
Thereafter, if the owner does not comply with and maintain compliance with the posting requirements, within 30 days of the first administrative fine, the owner shall be subject to an additional administrative citation and an additional administrative fine of one thousand dollars ($1000).
(Ord. MC-1215, 2-22-06; Ord. MC-1053, 8-04-99)
Packet Page. 232
Ordinance No. MC-1643
30 5
4 6
3 15.12.300 Vacant Unreinforced Masonry Buildings
A. Any unreinforced masonry building that has been continuously vacant or abandoned for a period of one year or more shall be strengthened to comply with the standards identified in Section 15.12.010 prior to re-occupancy. A vacancy, as determined by the Building Official, has occurred when there is no lawful occupancy or business activity within the structure for one year. The lack of business registration records, business receipts, utility and other records for a given period may be used to determine if a vacancy has occurred.
B. Any unreinforced masonry building that has been continuously vacant or abandoned for a period of three (3) years or more shall be considered a public nuisance and shall be subject to abatement as a public nuisance in accordance with Chapter 8.30 of this Code.
Once deemed to be a public nuisance the building shall be strengthened in accordance with the standards identified in Section 15.12.010, or demolished, or the hazards associated with the building shall be otherwise mitigated to the satisfaction of the Building Official.
(Ord. MC-1215, 2-22-06)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.16
UNIFORM FIRE CODE
(Repealed by Ord. MC-1422, 5-16-16)2
Chapter 15.20
CERTIFICATE OF OCCUPANCY
Sections:
15.20.010 Purpose
15.20.020 Definitions
15.20.030 Certificate of Occupancy Required
15.20.040 Conditions Requiring Application
15.20.050 Application Process
15.20.080 Revocation of Certificate of Occupancy
Packet Page. 233
Ordinance No. MC-1643
31 5
4 6
3 15.20.090 Hearings
15.20.100 Connection/Disconnection of Utilities
15.20.110 Violation
15.20.010 Purpose
The purpose of this Chapter is to protect the public from unsafe and substandard buildings, to prevent the deterioration of buildings, and to prevent future blight and decline of property values through a program of required inspection and certification.
(Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
15.20.020 Definitions
Except as otherwise defined in this Chapter, all terms used in this Chapter which are defined by applicable State law, the Uniform Code, or this Code, are used in this Chapter as so defined, unless from the context it clearly appears that a different meaning is intended:
1. Occupant means any person who occupies a unit, building, structure, or property whether as an owner, or tenant or permittee of the owner.
2. On July 1, 2016 the City of San Bernardino annexed into the San Bernardino County Fire Protection District. The County Fire Code, and other ordinances, were ratified by the Mayor and Common Council pursuant to Ord. MC-1422.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
2. Occupancy means the purpose for which a building, structure, or property is used or intended to be used.
3. Owner means any person having a legal or equitable interest in the property.
4. Person means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing.
(Ord. MC-1372, 4-17-12; Ord. MC-1027, 9-09-98;
Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
Packet Page. 234
Ordinance No. MC-1643
32 5
4 6
3 15.20.030 Certificate of Occupancy Required
A. Buildings and Structures. No relocated, or hereafter erected structure shall be occupied, or no change in occupancy shall be inaugurated until a Certificate of Occupancy has been issued by the Department of Community Development and Housing.
B. Valid Certificate. A Certificate of Occupancy shall not be deemed to be valid if it has expired, been denied, withheld, revoked, failed to pass a fire inspection, or a new Certificate of Occupancy was required but had not been obtained.
C. Posting Certificate. The owner of the business, building or structure shall display this certificate in a conspicuous place. In addition, the owner of a building or structure shall provide a copy of the certificate to all lessees, renters and purchasers of the property.
D. Temporary certificates of occupancy will not be issued within the City of San Bernardino due to previous department experience with the issuance of such certificates and administrative difficulties with the issuance of such certificates and bonding procedures.
(Ord. MC-1373, 5-24-12; Ord. MC-1027, 9-09-98; Ord. MC-782, 5-03-91; Ord. MC-781, 4-22-91; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
15.20.040 Conditions Requiring Application
A new Certificate of Occupancy shall be required whenever:
1. A new building is constructed.
2. A change in use affecting a building’s existing zoning approval or conformity, or a change in the nature of use of a building which would place it in a different occupancy classification, or division thereof.
3. A building or structure has been vacant for more than 180 days. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
4. Whenever a building is ordered to be vacated by the Building Official due to substandard or dangerous conditions.
5. Undeveloped or vacant property is to be used or occupied. (Ord. MC-1373, 5-24-12; Ord. MC-880, 6-23-93; Ord. MC-782, 5-03-91; Ord. MC-781, 4-22-91; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
Packet Page. 235
Ordinance No. MC-1643
33 5
4 6
3 15.20.050 Application Process
A. The owner shall file a written application accompanied by payment of a fee with the Community Development and Housing Department prior to use or occupancy of the premises or thirty (30) days prior to expiration of an existing Certificate of Occupancy or temporary Certificate of Occupancy. The Building Official shall cause an inspection to be made of the premises within ten (10) working days for compliance with City codes. If the premises are in compliance with said codes, the Building Official shall issue a Certificate of Occupancy.
B. When an inspection discloses that the premises are not in compliance with the codes, the Building Official shall give written notice of each deficiency to the owner.
No Certificate of Occupancy shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said deficiencies within sixty (60) days after the original application was filed, the application shall expire and a new application, plus fees, will be required.
C. The owner shall be responsible for making the premises available for inspection by the City.
(Ord. MC-1373, 5-24-12 Ord. MC-1027, 9-09-98; Ord. MC-741, 9-17-90; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
(Ord. MC-1373, 5-24-12; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89) [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.20.080 Revocation of Certificate of Occupancy
The Building Official, in writing, may deny or revoke a certificate of occupancy when it is determined that the building, structure, or property is in violation of the codes, or when the certificate was issued in error or on false information supplied by the applicant. The certificate of occupancy is automatically revoked when there is a change of use or occupancy classification, when the building or structure has been vacant for more than 180 days, or when a building is ordered vacated by the Building Official due to substandard or dangerous conditions.
(Ord. MC-1373, 5-24-12; Ord. MC-880, 6-23-93;
Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
Packet Page. 236
Ordinance No. MC-1643
34 5
4 6
3 15.20.090 Hearings
Any person aggrieved by the denial, withholding or revoking of a certificate of occupancy or temporary certificate of occupancy by the Building Official may request a hearing in writing before the Hearing Officer.
All decisions of the Hearing Officer may be appealed to the Board of Building Commissioners in accordance with the provisions of Chapter 2.64 of this Code. (Ord. MC-1373, 5-24-12; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
15.20.100 Connection/ Disconnection of Utilities
Buildings, structures or property shall be issued a certificate of occupancy or a temporary certificate of occupancy prior to connection of public utilities. The Building Official may approve the connection of utilities prior to the issuance of a certificate of occupancy when requested in writing by the applicant for good cause shown, and when he finds that no unsafe conditions exist or will be created by such connection.
The Building Official may disconnect or order discontinuance of any utility service to any buildings, structures, or premises lacking a valid certificate of occupancy or a valid temporary certificate of occupancy pursuant to the State Codes. (Ord. MC-1373, 5-24-12; Ord. MC-880, 6-23-93;
Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
15.20.110 Violation
Any person who violates or causes the violation of any provision of this Chapter shall be deemed guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. (Ord. MC-1373, 5-24-12 Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89) [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.24
PROPERTY MAINTENANCE REQUIREMENTS
Sections:
15.24.010 Findings
15.24.020 Purpose
Packet Page. 237
Ordinance No. MC-1643
35 5
4 6
3 15.24.030 Definitions
15.24.040 Property Maintenance Requirements For Single Family Residences, Multi-Residential, Commercial and Industrial Property.
15.24.050 Enforcement-Penalty
15.24.060 Severability
15.24.010 Findings
The citizens of San Bernardino have become increasingly concerned with the unsightliness, the deterioration, and the degradation of certain properties, whether residential, commercial or any other zoning designation in their neighborhoods and have sought the help of City government in their effort to preserve their neighborhoods.
Local governments have the authority to establish minimum requirements for property maintenance to protect the health, safety and appearance of neighborhoods.
Enforcement of these minimum maintenance requirements can reduce and eliminate blight and deterioration of neighborhoods, protecting both property values and neighborhood integrity.
The Mayor and City Council hereby find that the deterioration of neighborhoods by the failure to maintain properties to minimum standards results in an adverse effect on the health, safety and welfare of the citizens of this City. (Ord. MC-1292, 2-03-09; Ord. MC-679, 9-19-89)
15.24.020 Purpose
The purpose of this Chapter is to establish and enforce minimum maintenance standards for all property within the City in order to protect and preserve neighborhood integrity. (Ord. MC-1292, 2-03-09; Ord. MC-679, 9-19-89)
15.24.030 Definitions
For the purpose of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in applicable laws or regulations. All terms used in this chapter which are not defined in this section, but are defined by applicable laws, shall have the same meaning as the definition in the applicable law, unless from context it clearly appears that a different meaning is intended.
1. "Applicable Laws" means any applicable state or federal law, any uniform or state codes adopted by the San Bernardino Municipal Code, including but not limited to the California Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, and California Fire Code.
Packet Page. 238
Ordinance No. MC-1643
36 5
4 6
3 2. "Graffiti" means any inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on real property, buildings, structures (permanent or temporary), or other fixtures thereon, or on any personal property placed on such real property, including vehicles.
3. "Inoperable or Abandoned Vehicle" means any vehicle, operative or inoperative that is:
(a) mechanically incapable of being driven; or
(b) prohibited from being operated on a public street or highway pursuant to the provisions of the California Vehicle Code concerning license plates, registration, equipment, safety and related matters; or
(c) has been left by the owner or responsible person for over seventy-two hours and has indicia of being inoperable, including but not limited to, flat or deflated tires, cobwebs, and accumulated dirt, trash or debris in and on the vehicle; or (d) wrecked and/or dismantled.
4. "Owner" means any person having a legal or equitable interest in the property.
5. "Person" means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing.
6. "Property" means any real property zoned for any of the uses set forth in the Development Code and includes sidewalks and parkways adjacent to the property.
7. "Recreational Vehicle" means any vehicles towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes or exclusively for hauling personal property. The term "recreational vehicle" includes, but is not limited to motor homes, fifth-wheels, campers, camp trailers, trailers, boats, watercraft, and all-terrain vehicles.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
8. "Visible" means viewable from the public right of way, from property open to the general public, common areas on a property or viewable from another property in proximity to the property in question.
(Ord. MC-1292, 2-03-09; Ord. MC-1187, 10-05-04; Ord. MC-679, 9-19-89)
15.24.040 Maintenance requirements for single family residences, multi-residential, commercial and industrial property.
Any person owning, renting, occupying, managing, or otherwise having charge of any single-family residence, multi-residential, commercial and industrial property shall
Packet Page. 239
Ordinance No. MC-1643
37 5
4 6
3 maintain the property in accordance with the following minimum standards. Failure to comply with these minimum standards shall constitute a violation of this Code.
A. Exterior Requirements.
1. Lack of Landscaping. All required setbacks abutting a public right-of-way and front and visible side yards shall be landscaped (except for improved surfaces including, but not limited to walks and driveways) with trees, shrubs, ground cover, decorative rock, redwood bark and/or grass.
2. Unmaintained Landscaping. Trees, shrubs, lawns and other planted vegetation shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs and cutting of lawns.
3. Weeds, Dry Brush and Overgrown Vegetation. Property shall be free of overgrown or dead vegetation, including, but not limited to weeds, trees or limbs, bushes and other planted vegetation. Weeds include sage brush, dry grass, chaparral and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry.
4. Trash, Debris and Improper Storage. Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery, equipment, any furniture (except for furniture specifically designed for outdoor use) including, but not limited to furniture on porches, balconies, sun decks and in front yards, and any other improperly stored personal property causing an unsightly appearance.
5. Vehicle and Recreational Vehicle Storage. All operable vehicles and recreational vehicles shall be parked or stored in designated, screened areas, a garage, carport or on an improved surface. None of the above shall be occupied. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
6. Inoperable and Abandoned Vehicles. Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or other enclosed storage area. This section shall not apply to a vehicle, or part thereof, which is stored or parked in a lawful manner on private property in connection with the lawfully authorized and permitted business of a licensed dismantler, licensed vehicle dealer or a licensed junkyard; provided however that this exception shall not authorize the maintenance of a public or private nuisance as defined by applicable laws.
7. Condition of Structures. All improvements on the property, including, but not limited to buildings, garages, carports, porches, gates, fences, doors, windows, roofs, gutters, signs, permanent or temporary structures, stairs, handrails, retaining walls and trash enclosures shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking.
Packet Page. 240
Ordinance No. MC-1643
38 5
4 6
3 8. Improved Surfaces. Walkways on private property, driveways, parking areas and all improved surfaces shall be maintained in good repair and safe condition. Parking lot striping and handicap markings shall be maintained in good condition.
9. Graffiti. Buildings, structures, sidewalks, driveways, other improved surfaces and any other personal property placed on real property, including vehicles, shall be free of graffiti.
10. Rodent and Vermin Control. Property shall be free from infestation of termites, insects, vermin or rodents.
11. Sewage. Improved property shall be properly connected to a sewage disposal system or a sanitary sewer and free from sewage seepage.
12. Pools and Spas Pools and spas shall be securely fenced and adequately maintained in accordance with the Development Code and other applicable laws.
13. Construction. All buildings or structures in a state of partial construction, repair or rehabilitation shall have an active/valid permit and shall be completed during the term of an active/valid building permit or other time frame ordered by the City. The owner or responsible person shall be progressing diligently to complete the repair, construction or rehabilitation of the building or structure.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
14. Fencing. All fencing shall be constructed in compliance with the Development Code and other applicable laws with acceptable fencing materials such as wood, vinyl, masonry or wrought iron.
B. Interior Requirements. The interiors of all buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes.
(Ord. MC-1292, 2-03-09; Ord. MC-679, 9-19-89)
15.24.050 Enforcement -Penalty
A. Any person who violates or causes violation of any provision of this Chapter shall be deemed guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code.
B. Nothing in this Chapter shall be deemed to prevent the City Attorney from commencing a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter; nor shall anything in this Chapter be deemed to prevent the City from commencing a criminal action with respect to the nuisance in
Packet Page. 241
Ordinance No. MC-1643
39 5
4 6
3 addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter, or other ordinance, statute or state law.
C. Payment of any fine or service of jail sentence herein provided shall not relieve a person, firm, partnership, corporation, or other entity from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the Court may order that the guilty party reimburse the City for all costs of investigating, analyzing and prosecuting the enforcement action against the guilty party. The Court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City. (Ord. MC-1292, 2-03-09; Ord. MC-1029, 9-22-98; Ord. MC-679, 9-19-89)
15.24.060 Severability
The provisions of this Chapter are severable, and if any sentence, section, or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-1292, 2-03-09; Ord. MC-679, 9-19-89)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.25
MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM
Sections:
15.25.010 Purpose
15.25.020 Definitions
15.25.030 Scope
15.25.040 Annual Inspection Required
15.25.050 Administrative Citations
15.25.080 Enforcement-Public Nuisance
15.25.090 Enforcement-Alternatives
15.25.010 Purpose
The Multi-family Rental Housing Fire Inspection Program is a part of the City of San Bernardino’s overall effort to encourage upkeep of multi-family rental housing units.
Packet Page. 242
Ordinance No. MC-1643
40 5
4 6
3 Owners of these types of structures will be required to maintain these units in accordance with applicable housing, building and property maintenance standards as adopted by the City. Recent fires in the City have resulted in property damage, personal injuries, and loss of life in multi-family rental housing units. California Health and Safety Code Section 13146.2 (a) requires city fire departments to inspect multifamily rental housing units annually.
(Ord. MC-1176, 7-22-04; Ord. MC-930, 1-11-95).
15.25.020 Definitions
A. "City” means the City of San Bernardino.
B. “Occupant” means any person who occupies a unit, whether as an owner or tenant or permittee of the owner.
C. "Multi-family Rental Housing Unit” or “Unit” means any residential dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land and is occupied or intended to be occupied on a rental basis. For the purpose of this Chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units:
a) Hotels or motels (transient).
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
b) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution.
c) Mobile Home Parks.
D. "Multi-family Rental Housing Complex” means a multi-unit residential structure consisting of four (4) or more units existing on one (1) parcel of land.
E. "Owner” means a single individual or entity that has any kind of ownership interest whether as an individual, partner, joint ventures, stock owner, or some other capacity.
F. “Person” means the individual, partnership, corporation or association or the rental agent of any of the foregoing.
G. "Fire Marshal” means the division head of the San Bernardino City Fire Department Fire Prevention Division or his/her designee.
(Ord. MC-1176, 7-22-04; Ord. MC-1027, 9-09-98; Ord. MC-930, 1-11-95)
Packet Page. 243
Ordinance No. MC-1643
41 5
4 6
3 15.25.030 Scope
The provisions of this Chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel.
(Ord. MC-1176, 7-22-04; Ord. MC-930, 1-11-95)
15.25.040 Annual Inspection Required
A. Pursuant to California Health and Safety Code Section 13146.2, any multi-family rental housing complex containing four or more units on a single parcel shall be subject to an annual inspection of the interior and exterior by the Fire Marshal for compliance with applicable sections of state and local fire codes relating to housing, building and property maintenance.
B. The Fire Marshal shall mail written notice to the owner(s) of the multi-family rental housing complex at least three weeks before the scheduled annual inspection. The owner(s) of the multi-family rental housing complex shall give written notice to all tenants at least one week before the scheduled annual inspection.
C. The owner(s) of the multi-family rental housing complex shall pay a fee to the City, in an amount set by Resolution of the Common Council, sufficient to pay the costs of the Fire Marshal’s annual inspection pursuant to this Chapter. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
D. Any owner(s) of a multi-family rental housing complex who fails to permit the annual inspection by the Fire Marshal pursuant to this Chapter, shall be guilty of an infraction or misdemeanor punishable in accordance with San Bernardino Municipal Code Chapter
1.12. E. Any owner(s) of a multi-family rental housing complex who fails to pay the fee charged for the costs of the Fire Marshal’s annual inspection pursuant to this Chapter, shall be guilty of an infraction punishable in accordance with San Bernardino Municipal Code Chapter 1.12.
(Ord. MC-1176, 7-22-04)
15.25.050 Administrative Citations
Where the Fire Marshal’s annual inspection pursuant to this Chapter identifies a violation(s) of state or local fire codes relating to housing, building, or property maintenance, the Fire Marshal may issue an administrative citation to the property owner(s) in accordance with San Bernardino Municipal Code Chapter 9.92. (Ord. MC-1176, 7-22-04)
Packet Page. 244
Ordinance No. MC-1643
42 5
4 6
3 15.25.080 Enforcement-Public Nuisance
It shall be considered a public nuisance to have or maintain any rental property which fails to comply with state and local laws as they relate to fire codes, housing standards, property maintenance, building codes or local zoning requirements. The Fire Marshal shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in the California Fire Code Article 1 and Chapter 8.30 of the San Bernardino Municipal Code.
(Ord. MC-1176, 7-22-04; Ord. MC-930, 1-11-95).
15.25.090 Enforcement-Alternatives
A. Nothing herein shall prevent the enforcement of this Chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies.
B. The enforcement of this Chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this Chapter. (Ord. MC-1176, 7-22-04; Ord. MC-930, 1-11-95).
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.26
SINGLE-FAMILY RENTAL PROPERTY INSPECTION PROGRAM
Sections:
15.26.010 Purpose
15.26.020 Applicability
15.26.030 (Repealed by Ord. MC-1371, 3-20-12)
15.26.040 Definitions
15.26.050 Compliance With Business Registration Requirements
15.26.060 Biennial Inspection Required
15.26.070 Inspection Fees
15.26.080 Notice of Inspection
15.26.090 Violations
Packet Page. 245
Ordinance No. MC-1643
43 5
4 6
3 15.26.100 Re-Inspections
15.26.110 Administrative Citations
15.26.120 Appeals
15.26.130 Self-Certification Program
15.26.140 Complaint-Based Inspections
15.26.150 Voluntary Inspection Requests
15.26.160 Enforcement-Public Nuisance
15.26.170 Enforcement-Alternatives
15.26.180 Penalties
15.26.010 Purpose
The Single-Family Rental Property Inspection Program is a part of the City of San Bernardino's overall effort to encourage upkeep of all rental property as defined herein.
Owners of any rental property will be required to maintain these units in accordance with all applicable laws.
15.26.020 Applicability
The provisions of this chapter shall apply to all single-family rental property, as that term is defined herein, within the City. This chapter also applies to the premises on which a rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.
The provisions of this chapter are supplementary and complementary to other provisions of this code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code.
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.26.030 Rebuttable Presumption (Repealed by Ord.MC-1371, 3-20-12)
15.26.040 Definitions
For the purpose of this chapter, unless otherwise apparent from their context, certain words and phrases used in this chapter shall have the meanings hereinafter designated.
Packet Page. 246
Ordinance No. MC-1643
44 5
4 6
3 The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations.
Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.
A. "Applicable Laws" means the City's Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of City residents or the general public.
B. "City" means the City of San Bernardino.
C. "Director" means the Director of Community Development and Housing of the City of San Bernardino or his/her designee.
D. "Occupant" means any person who occupies a rental property, whether as a tenant or permittee of the owner.
E. "Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a rental property whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee. If more than one person or an entity owns the subject real property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner.
F. "Single-Family Rental Property," "Rental Property" or "Rental Unit" means a dwelling unit as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing three or less such dwelling units on the same parcel of land, and is occupied or for occupancy by a person(s) other than the owner of the unit and includes the premises on which said rental property is situated and any common areas, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas. For the purpose of this chapter, the following types of dwelling units or facilities are not considered single-family rental housing units:
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
a) Multifamily Rental Housing Complexes as defined in Chapter 15.25 of this Code; b) Hotels or motels.
c) Condominiums, as defined in Chapter 19.02 of the San Bernardino Development Code, that are used for residential dwellings. This exception only applies if the condominium has
Packet Page. 247
Ordinance No. MC-1643
45 5
4 6
3 a bona fide Homeowner’s Association ("HOA"). For purposes of this exemption, a HOA is "bona fide" if the HOA has approved and recorded Covenants, Conditions & Restrictions (CC&R's), holds meetings on a regular (at least bi-monthly) basis and/or contracts with a property management company to ensure the maintenance of the common areas.
c) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution.
d) Mobile home parks.
(Ord. MC-1371, 3-20-12)
15.26.050 Compliance with Business Registration Requirements Every property owner subject to this chapter must comply with the business registration requirements of Title 5 of this Code.
(Ord. MC-1371, 3-20-12)
15.26.060 Biennial Inspection Required
All rental property located in the City shall be subject to an annual inspection by the Director for compliance with applicable laws.
15.26.070 Inspection Fees
A. Any fees established by this chapter shall be set by separate resolution of the City Council and may be adjusted from time to time by the City Council to ensure that the fee adequately finances the costs of inspections and enforcement of this chapter.
B. The owner of a rental property shall pay an annual inspection fee to the City sufficient to pay the costs of the Director's annual inspection pursuant to this chapter. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
C. Owners qualified for the Self-Certification Program shall pay the annual inspection fee the first year of participation and thereafter shall not be required to pay the annual inspection fee for the second and third year of participation in the program. If an owner is removed from the Self-Certification Program, he shall become subject to annual inspections and annual inspection fees.
Packet Page. 248
Ordinance No. MC-1643
46 5
4 6
3 15.26.080 Notice of Inspection
The Director shall mail written notice of the date and time of the inspection to the owner of the rental property at least three weeks before the scheduled annual inspection.
Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by certified mail to the owner's last known address as it appears in the records of the County Assessor's Office.
15.26.090 Violations
A. Whenever the Director determines that a violation of this chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation.
B. Any person who fails to comply with any provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable opportunity to correct such violations(s) shall be deemed to be in violation of this chapter.
C. Any owner of a rental property, who fails to permit the annual inspection by the Director pursuant to this chapter, shall be in violation of this chapter.
D. Any owner of a rental property who fails to pay any applicable fee(s) established to cover the City's costs pursuant to this chapter shall be in violation of this chapter.
15.26.100 Re-Inspections
A. One or more re-inspections will be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected.
B. Violations that were not noted on the initial inspection report but are discovered on the re-inspection due to subsequent damage or deterioration shall be subject to correction. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.26.110 Administrative Citations
A. Owners who fail to correct any deficiencies noted during any inspection or reinspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.
Packet Page. 249
Ordinance No. MC-1643
47 5
4 6
3 B. Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the Municipal Code.
15.26.120 Appeals
A. Any recipient of an administrative citation may contest the citation by the procedures set forth in Section 9.92.080 of this Code.
B. Any party to an administrative citation hearing may appeal an adverse ruling to the Board of Building Commissioners as set forth in Chapter 9.92.180 of this Code.
15.26.130 Self-Certification Program
A. Well-maintained rental property with no outstanding violations of any applicable laws may qualify to participate in the Self-Certification Program. Qualifying properties will not be subject to inspections for a period of three (3) years, provided that conditions of the rental property do not deteriorate during that time to the point where the rental property would no longer meet eligibility standards for the Self-Certification Program.
B. To qualify for the Self-Certification Program, a property owner must:
1. Complete the Self-Certification Program application packet provided by the City; and
2. Pay the annual inspection fee and any other fees required by applicable laws; and
3. Conduct a self-inspection of all exterior and site conditions of all rental property and certify that conditions at the rental property meet the exterior standards listed on the Self- Certification Program's checklist.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
C. Upon receipt of a request from a property owner to participate in the Self-Certification Program and payment of the appropriate fee(s), the City may inspect the rental property.
If the Director determines that the property is qualified to participate in the Self- Certification Program a certificate of compliance will be issued and the property owner will not be required to pay the annual inspection fee for the second and third years.
Recertification in the Self-Certification Program and payment of the annual inspection fee shall be required every three (3) years.
D. If the Director determines that the property is not eligible to participate in the Self- Certification Program, then the residential rental property shall be subject to inspection and the property owner shall be assessed the annual inspection fee as well as any other applicable fees.
Packet Page. 250
Ordinance No. MC-1643
48 5
4 6
3 E. At all times, the City shall retain the authority to investigate and address any violation of applicable laws.
F. Any Owner that fails to maintain a rental property to meet all of the standards listed on the Self-Certification Program's checklist shall immediately be removed from the Self- Certification Program and become subject to annual inspections.
G. If an officer determines that a property qualifies for self-certification upon inspecting the property in accordance with this chapter, the property shall be automatically enrolled in the Self Certification Program.
(Ord. MC-1371, 3-20-12)
15.26.140 Complaint-Based Inspections
Nothing contained in this chapter shall prevent or restrict the City's authority to inspect any rental property in response to a complaint alleging code violations or violations of applicable laws and to pursue all remedies permissible under this Code or applicable laws.
15.26.150 Voluntary Inspection Requests
Nothing contained in this chapter shall be construed to prohibit a property owner or occupant from voluntarily requesting an inspection pursuant to this chapter to determine whether the rental property complies with applicable laws.
15.26.160 Enforcement-Public Nuisance
It shall be considered a public nuisance to have or maintain any rental properties that fail to comply with any applicable laws. The Director shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in Chapter 8.30 of the San Bernardino Municipal Code.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.26.170 Enforcement-Alternatives
Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies.
The enforcement of this chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter.
15.26.180 Penalties
A. A violation of this chapter shall be considered a misdemeanor and may be punished as such, however, at the discretion of the City Attorney, the violation of any provisions of
Packet Page. 251
Ordinance No. MC-1643
49 5
4 6
3 this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010.
B. Any fees established pursuant to this section which are more than 30 days delinquent shall constitute an assessment against the rental property for the inspection of which the fees were billed. Such delinquent fees shall be a lien on the rental property. The Director shall notify the property owner of the affected rental property not less than 30 days prior to notifying the county that a lien will be placed on the property and shall state the amount then owed. If full payment is not received within 30 days after said notice, the Director shall take whatever action is required for the amount due to be included in the next property tax bill assessment for the rental property.
In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein. (Ord. MC-1266, 4-08-08)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.27
Crime-Free Rental Housing Program
Sections:
15.27.010 Purpose
15.27.020 Applicability
15.27.030 Definitions
15.27.040 Scope
15.27.050 Mandatory Participation
15.27.060 Landlord Certification
15.27.070 Inspection Fees
Packet Page. 252
Ordinance No. MC-1643
50 5
4 6
3 15.27.080 Notice of Inspection
15.27.090 Violations
15.27.100 Re- Inspections
15.27.110 Administrative Citations
15.27.120 Appeals
15.27.130 Complaint-Based Inspections
15.27.140 Enforcement-Public Nuisance
15.27.150 Enforcement-Alternatives
15.27.160 Penalties
15.27.170 Severability
15.27.010 Purpose
The Crime-Free Rental Housing Program is a part of the City of San Bernardino's overall effort to reduce crime in multi- family rental properties as defined herein. Owners of any multi-family rental property will be required to maintain these units in accordance with all applicable laws.
15.27.020 Applicability
The provisions of this chapter shall apply to all multi-family rental property, as that term is defined herein, within the City. This chapter also applies to the premises on which a multi-family rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, and walls.
The provisions of this chapter are supplementary and complementary to other provisions of this code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.27.030 Definitions
For the purpose of this chapter, unless otherwise apparent from their context, certain words and phrases used in this chapter shall have the meanings hereinafter designated.
Packet Page. 253
Ordinance No. MC-1643
51 5
4 6
3 The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations.
Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.
A. “Applicable Laws" means the City's Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of City residents or the general public, as adopted by the City.
B. “City" means the City of San Bernardino.
C. “Director" means the Director of Community Development and Housing Department of the City of San Bernardino or his/her designee.
D. “Occupant" means any person who occupies a multi-family rental property, whether as a tenant or permittee of the owner.
E. “Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a multi-family rental property whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee. If more than one person or an entity owns the subject real property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner.
F. “Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land and is occupied or intended to be occupied on a rental basis. For the purpose of this Chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units:
a) Hotels or motels
b) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
c) Mobile Home Parks
G. "Multi- family Rental Housing Complex" means a multi-unit residential structure consisting of four (4) or more units existing on one (1) parcel of land.
Packet Page. 254
Ordinance No. MC-1643
52 5
4 6
3 15.27.040 Scope
The provisions of this Chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel.
15.27.050 Mandatory Participation
A. All multi-family rental property located in the City shall be subject to an annual inspection by the Director for compliance with the Crime-Free Housing Program standards.
B. All property owners and managers of multi-family rental property shall attend the 8- hour crime free housing course presented by the City within eight (8) months of the passage of this ordinance. If a new owner or manager takes over the property, the new property owner or manager shall complete the 8-hour crime free housing course presented by the City within six (6) months of said ownership or employment.
C. The property owner shall use a crime free lease addendum on every unit rented.
The lease addendum shall provide for tenant eviction against tenants that allow or conduct certain prohibited activities (gang, drug, or other specified criminal behavior).
D. The property owner shall provide the City with 24-hour contact information for the property.
15.27.060 Landlord Certification
A. Certification as a Crime Free property is optional. In order for the property owner/landlord to be certified as a Crime Free property under this program, the property owner/landlord shall complete the following phases:
1. Phase I
a. Owners and onsite Manager(s), where applicable, shall attend an eight-hour crime-free housing course presented by code compliance, police, and fire within one year of notification of the requirement, unless extended by the Director. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
b. Property owner shall use a written lease including the City of San Bernardino Crime- Free Rental Housing Lease Addendum.
c. Property owner shall check the criminal background of all prospective tenants. d. Property owner shall actively pursue the eviction of tenants who violate the terms of the lease and/or crime- free lease addendum.
Packet Page. 255
Ordinance No. MC-1643
53 5
4 6
3 2. Phase II
a. Property owner shall complete an annual security assessment and security improvement inspection to certify that the rental property has met the security Property owner shall complete an annual security assessment and security requirements pursuant to the Principles of Crime Prevention through Environmental Design (CPTED) for the tenant's safety.
b. Property owner shall have no unresolved City code violations within the past year.
3. Phase III
a. Property owner shall conduct resident training annually for the residents where crime watch and crime prevention techniques are discussed.
B. Certification may be revoked if there are 10 or more calls for service in a one-year period.
15.27.070 Inspection Fees
A. The annual inspection fee shall be set by separate resolution of the City Council and may be adjusted from time to time by the City Council to ensure that the fee adequately finances the costs of inspections and enforcement of this chapter.
B. The owner of a multi-family rental property shall pay an annual inspection fee to the City sufficient to pay the costs of the Director's annual inspection pursuant to this chapter. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.27.080 Notice of Inspection
The Director shall mail written notice of the date and time of the inspection to the owner of the multi-family rental property at least three weeks before the scheduled annual inspection. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner's last known address as it appears in the records of the County Assessor's Office.
The notice of inspection for the Crime-Free Rental Housing Program shall be combined with the Multi-Family Rental Housing Program notice to the greatest extent possible for the convenience of the property owner.
15.27.090 Violations
A. Whenever the Director determines that a violation of this chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice
Packet Page. 256
Ordinance No. MC-1643
54 5
4 6
3 shall be in writing and shall describe with reasonable detail the violation( s) so that the property owner has the opportunity to correct said violation.
B. Any person who fails to comply with any provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable opportunity to correct such violations(s) shall be deemed to be in violation of this chapter.
C. Any owner of a multi-family rental property, who fails to permit the annual inspection by the Director pursuant to this chapter, shall be in violation of this chapter.
D. Any owner of a multi- family rental property who fails to pay any applicable fee(s) established to cover the City's costs pursuant to this chapter shall be in violation of this chapter.
15.27.100 Re- Inspections
A. One or more re-inspections may be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected.
B. Violations that were not noted on the initial inspection report but are discovered on the re-inspection due to subsequent damage or deterioration shall be subject to correction. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.27.110 Administrative Citations
A. Owners who fail to correct any deficiencies noted during any inspection or reinspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.
B. Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the Municipal Code.
15.27.120 Appeals
A. Any recipient of an administrative citation may contest the citation by the procedures set forth in Section 9.92.080 of this Code.
B. Any party to an administrative citation hearing may appeal from an adverse ruling to the Board of Building Commissioners as set forth in Chapter 9. 92. 180 of this Code.
Packet Page. 257
Ordinance No. MC-1643
55 5
4 6
3 15.27.130 Complaint-Based Inspections
Nothing contained in this chapter shall prevent or restrict the City's authority to inspect any multi-family rental property in response to a complaint alleging code violations or violations of applicable laws and to pursue all remedies permissible under this Code or applicable laws.
15.27.140 Enforcement-Public Nuisance
It shall be considered a public nuisance to have or maintain any multi- family rental properties that fail to comply with any applicable laws. The Director shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in Chapter 8.30 of the San Bernardino Municipal Code.
15.27.150 Enforcement-Alternatives
Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies.
The enforcement of this chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter. [Rev. 2022]
[Return to Municipal Code Contents]
15.27.160 Penalties
A. A violation of this chapter shall be considered a misdemeanor and maybe punished as such, however, at the discretion of the City Attorney, the violation of any provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which upon conviction thereof is punishable in accordance with the provisions of
Section 1. 12.010.
B. Any fees established pursuant to this section which are more than 30 days delinquent shall constitute an assessment against the rental property for the inspection of which the fees were billed. Such delinquent fees shall be a lien on the rental property. The Director shall notify the property owner of the affected rental property not less than 30 days prior to notifying the county that a lien will be placed on the property and shall state the amount then owed. If full payment is not received within 30 days after said notice, the Director shall take whatever action is required for the amount due to be included in the next property tax bill assessment for the rental property.
15.27.170 Severability
In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as
Packet Page. 258
Ordinance No. MC-1643
56 5
4 6
3 applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein. (Ord. MC-1351, 6-06-11)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.28
DANGEROUS BUILDINGS
Sections:
15.28.010 Referenced Code
15.28.020 Uniform Code for the Abatement of Dangerous
Buildings - Amended
15.28.030 (Repealed by Ord. MC-880, 6-23-93)
15.28.040 (Repealed by Ord. MC-880, 6-23-93)
15.28.050 (Repealed by Ord. MC-880, 6-23-93)
15.28.060 (Repealed by Ord. MC-880, 6-23-93
15.28.070 (Repealed by Ord. MC-880, 6-23-93)
15.28.080 (Repealed by Ord. MC-880, 6-23-93)
15.28.090 (Repealed by Ord. MC-880, 6-23-93)
15.28.100 (Repealed by Ord. MC-880, 6-23-93)
15.28.110 (Repealed by Ord. MC-880, 6-23-93)
15.28.120 (Repealed by Ord. MC-880, 6-23-93)
15.28.130 (Repealed by Ord. MC-177, 7-07-82)
15.28.140 Securing dangerous buildings from entry
15.28.150 Abatement of nuisance by Building Official
Packet Page. 259
Ordinance No. MC-1643
57 5
4 6
3 15.28.160 Discontinuance of utilities
15.28.170 Filing of notice of pendency of administrative proceedings
15.28.180 (Repealed by Ord. MC-460, 5-15-85)
15.28.190 Post-disaster Safety Assessment Placards
15.28.010 Referenced Code
The latest edition of the Uniform Code for the Abatement of Dangerous Buildings, as adopted pursuant to section 15.04.020, is incorporated herein, and as hereinafter amended shall govern the identification and abatement of dangerous buildings. (Ord. MC-880, 6-23-93; Ord. 3481, 3-12-75; Ord. 2291, 3-29-60)
15.28.020 Uniform Code for the Abatement of Dangerous Buildings – Amended Chapters 5, 6, 7, 8, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted. Procedures for appeals, hearings, enforcement of orders, and abatements shall be in accordance with Chapter 8.30 of the San Bernardino Municipal Code.
(Ord. MC-880, 6-23-93; Ord. 3481, 3-12-75; Ord. 2291, 3-29-60) [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.28.030 (Repealed by Ord.MC-880, 6-23-93
15.28.040 (Repealed by Ord.MC-880, 6-23-93)
15.28.050 (Repealed by Ord.MC-880, 6-23-93)
15.28.060 (Repealed by Ord.MC-880, 6-23-93)
15.28.070 (Repealed by Ord.MC-880, 6-23-93)
15.28.080 (Repealed by Ord.MC-880, 6-23-93)
15.28.090 (Repealed by Ord.MC-880, 6-23-93)
15.28.100 (Repealed by Ord.MC-880, 6-23-93)
15.28.110 (Repealed by Ord.MC-880, 6-23-93)
15.28.120 (Repealed by Ord.MC-880, 6-23-93)
15.28.130 (Repealed by Ord.MC-177, 7-07-82)
Packet Page. 260
Ordinance No. MC-1643
58 5
4 6
3 15.28.140 Securing dangerous buildings from entry
A. In addition to the procedures provided for abatement of nuisance caused by dangerous and hazardous structures as set forth in this Chapter, the Building Official or his representative is given summary power to secure from entry any structure which in his discretion he determines to be immediately dangerous or hazardous, or in any other manner injurious to public health or safety. The Building Official may secure such structures using methods at his discretion to accomplish the purpose which is most appropriate under the circumstances. The Building Official shall also post a sign stating in effect "DANGER, DO NOT ENTER" upon the structure in at least one conspicuous place, with the word "DANGER" in letters at least one inch in height.
B. Any person removing such sign without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
C. The Building Official shall, immediately after such action, mail a notice to the owners of the real property upon which the structure is located. Notice shall be mailed to the address as ascertained from title company records, the latest assessment roll of the County Assessor, or if no address is so shown, to the address of the property as such address may be known by the Building Official.
Such notice shall contain the following information:
1. that he has secured the structure;
2. the cost incurred by the City thereby;
3. that he has posted signs as provided by this section;
4. the reasons why he has taken the action;
5. that an appeal may be made within ten days to the Board of Building Commissioners, to be set for hearing at the next regular meeting;
6. that if his action is not annulled by the Board of Building Commissioners, the cost of securing the property shall become a lien upon the real property unless the cost is paid to the City within thirty days of the mailing of the notice.
D. The notice of appeal to the Board of Building Commissioners must be verified under oath or under penalty of perjury and must state the grounds upon which the action of the Building Official is appealed.
Packet Page. 261
Ordinance No. MC-1643
59 5
4 6
3 1. The Board of Building Commissioners shall hear any evidence or other relevant matter presented by the Appellant or the Building Official at its next regular meeting after the filing of the Notice of Appeal.
2. After hearing all the evidence or upon the report of the Building Official if no appeal is made, the Board of Building Commissioners may confirm, amend, or annul the action of the Building Official.
(a) If the action of the Building Official is annulled, the City at its own expense shall remove any instruments used to secure the structure and any signs stating that the building is unsafe to enter.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
(b) If the Board of Building Commissioners confirms the action of the Building Official in securing the structure, then the cost incurred by the City in securing the structure shall become a special assessment and lien against the property to be determined and collected in accordance with the procedures set forth in Chapter 3.68.* (Ord. MC-607, 9-22-87; Ord. MC-228, 12-07-82; Ord. MC-177, 7-07-82; Ord. 3227, 1-04-72; Ord. 2291, 3-29-60)
15.28.150 Abatement of nuisance by Building Official
A. The same procedures provided in Section 15.28.140 for abating nuisances through securing from entry any structure which is determined by the Building Official to be immediately dangerous or hazardous may be used by the Building Official in connection with the summary abatement of all other nuisances upon private property which the Building Official determines in his discretion to constitute an immediately dangerous or hazardous condition in accordance with California Building Code section 116.
B. The Building Official or his representative may summarily abate conditions found to be a nuisance under subsection (A) in his discretion in the most appropriate manner under the circumstances.
1. The manner of abatement may include, but is not limited to, the following methods:
fencing, draining water from swimming pools and filling with appropriate ballast, removing the fire hazards, filling or covering open holes and grading or strengthening landfills or excavations.
2. Although the manner and method used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owners of the property, using only those measures which will eliminate the dangerous and hazardous conditions.
Packet Page. 262
Ordinance No. MC-1643
60 5
4 6
3 C. The Building Official shall immediately after such abatement action mail notice to the owners as provided in Section 15.28.140. The notice shall include:
1. a description of the action he has taken;
2. the cost thereby incurred by the City, including all administrative costs;
3. the reasons why he has taken the action;
4. that an appeal may be taken within ten days to the Board of Building Commissioners as provided in Section 15.28.140; and
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
5. that if this action is not annulled by the Board of Building Commissioners, the cost of abating the nuisance on the property shall become a special assessment and lien on the property unless the cost is paid to the City within thirty days (30 days) of the mailing of the notice.
D. Fees for processing demands for information regarding liens imposed under this chapter shall apply in an amount set by resolution of the Mayor and Common Council.
E. The procedures hereunder for appeal, hearing, and any other actions shall be as provided in Chapter 3.68* for determination and collection of the assessment for costs of abatement.
(Ord. MC-1307, 6-02-09; Ord. MC-177, 7-07-82; Ord. 3593, 8-02-76; Ord. 3227, 1-04-72; Ord. 2291, 3-29-60)
15.28.160 Discontinuance of utilities
The Building Official may order the discontinuance or disconnection of utilities for unsafe conditions as allowed by the California Building Code.
(Ord. 3227, 1-04-72; Ord. 2291, 3-29-60)
15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, or has posted a "Danger" sign upon a structure as provided for in Section 15.28.140, or has begun summary abatement of a nuisance as provided for in Section 15.28.150, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or
Packet Page. 263
Ordinance No. MC-1643
61 5
4 6
3 involved in the proceedings, beneficiary of a trust deed, lienholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as a lien for abatement in the same manner as if he had been the owner at the time of commencement of the proceedings and had been properly served at that time.
(Ord. MC-880, 6-23-93; Ord. MC-580, 2-04-87; Ord. 3227, 1-04-72; Ord. 2291, 3-29-60) [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.28.180 (Repealed by Ord.MC-460, 5-15-85)
15.28.190 Post-disaster Safety Assessment Placards
A. Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. The chapter further authorizes the Community Development and Housing Department, as well as authorized representatives or designees of that department, to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
B. Application of Provisions. The provisions of this section are applicable, following each natural or man-made disaster, to all buildings and structures of all occupancies regulated by the City of San Bernardino. The Mayor and City Council may extend the provisions as necessary.
C. Definitions.
1. Safety Assessment - A visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or man-made disaster.
D. Placards
1. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. (a) INSPECTED - Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The evaluator who posts this placard will note in general terms the type of
Packet Page. 264
Ordinance No. MC-1643
62 5
4 6
3 damage encountered and will clearly and concisely note the restrictions on continued occupancy.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
(c) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the department that posted the building. Safety assessment teams shall be authorized to enter these buildings at any time. This placard will note in general terms the type of damage encountered.
2. Each placard shall include the ordinance number, the name of the department, its address and phone number, and a statement regarding the manner in which an appeal may be filed.
3. Once it has been attached to a building or structure, a placard shall not be removed, altered, or covered until done so by an authorized representative of the department or upon written notification from the department.
4. Any person removing such placard without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code.
E. Notification. The Building Official shall, as soon as practicable but no later than 30 days from the date of posting, mail a notice to the owner of each building posted as Restricted Use or Unsafe. Such notice shall be mailed to the owner(s) of record of the property as ascertained from the latest assessment roll of the County Assessor. The notice shall include the following information:
1. A statement indicating that the structure has suffered disaster related damage which constitutes a hazard to its occupants, the public, or adjacent property,
2. that the building has been posted with placards in accordance with this section,
3. the restrictions placed on the use or occupancy of the building,
4. a brief description of the damage, (5) that the damage must be repaired and the hazards eliminated prior to re-occupancy, and (6) that an appeal may be filed in accordance with the procedures contained in Chapter 15.28 of this code.
F. Abatements. If a damaged structure becomes a public nuisance due to abandonment or the failure to repair damage which poses a hazard to the occupants, the public, or
Packet Page. 265
Ordinance No. MC-1643
63 5
4 6
3 adjacent property, the building official may initiate abatement proceedings in accordance with Chapters 8.30 and 15.28 of this code.
(Ord. MC-1018, 2-04-98)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.32
(Repealed by Ord. MC-781, 4-22-91)
Chapter 15.34
(Ord. MC-682, 11-09-89)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.36
DEMOLITION AND MOVING OF BUILDINGS AND STRUCTURES
Sections:
15.36.010 Permit required - Applications
15.36.020 (Repealed by Ord. MC-460, 5-15-85)
15.36.010 Permit required - Application
Any person, firm, or corporation desiring to demolish, dismantle, or tear down any house, building, or structure within the City or to move the same outside the City limits shall, before proceeding with such work, file an application with the Department of Community and Economic Development for permit to do so. The Superintendent, if he feels that the granting of such permit is not contrary to public health, safety, and welfare, and if he determines that the applicant has fully complied with and satisfied each and every other applicable provision of local and state law, shall issue such permit; provided, however, that as a condition to the issuance of such permit, the applicant shall pay to the Superintendent a fee in a sum in accordance with the schedule set forth in Section 303 of the California Building Code which shall be in addition to any other fee required by law, and shall deposit with him a surety bond in the amount of one thousand dollars to ensure the faithful performance by the applicant of the following conditions under which such
Packet Page. 266
Ordinance No. MC-1643
64 5
4 6
3 permit is granted, namely: that upon the moving, demolition, dismantling or tearing down of such house, building or other structure, the lot, parcel, or site shall be cleared of all debris, brick, rock, cement work, foundations, weeds, brush, dead or uncared for trees and vegetation and be filled and graded in accordance with the provisions of Chapter
15.04 in such a manner that storm waters and other waters will not accumulate thereon so that the premises are left in a clean and safe condition as determined by the Director of Community Development and Housing Department.
Any permit issued under this section shall be further conditioned upon completion of the work of moving or demolition, dismantling, tearing down, filling, grading and cleaning of the site within a period of ninety days from the date of its issuance which period may be extended by the Building Official upon good cause shown for such additional periods as may be reasonably required to carry out the purposes of the permit. The permit shall not be issued or approved unless and until the applicant has furnished satisfactory evidence to the Superintendent that he has fully complied with the provisions of Section 119(a) of the Uniform Plumbing Code or other law pertaining to the plugging or capping of abandoned sewer outlets;
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
2. that he has obtained a permit for such plugging and capping in accordance with Section
1.8 of the Uniform Plumbing Code or other law;
3. that he has completed the plugging and capping thereof in an approved manner as evidenced by a final inspection; and
4. that he has cleaned and filled any abandoned cesspool and has filled and graded the property as required herein.
(Ord. MC-1027, 9-09-98; Ord. 3628, 2-24-77; Ord. 2784, 11-29-66; Ord. 2014, 1-19-54)
15.36.020 (Repealed by Ord.MC-460, 5-15-85)
Chapter 15.37
HISTORIC BUILDING DEMOLITION ORDINANCE
Sections:
15.37.010 Findings and purpose
15.37.020 Definitions
15.37.030 Demolition Prohibited
15.37.040 Dangerous Buildings Exempted Under Exigent
Packet Page. 267
Ordinance No. MC-1643
65 5
4 6
3 Circumstances
15.37.045 Evaluation Thresholds and Review Requirements
15.37.050 Historic Resource Evaluation Report
15.37.055 Criteria for Determination of Historical Significance
15.37.060 Review Process
15.37.070 Appeals
15.37.080 Penalty
15.37.085 (Deleted by Ord. Mc-1482, 4-18-18)
15.37.090 Fees
15.37.010 Findings and purpose
The Mayor and City Council find and declare:
A. The City of San Bernardino General Plan, adopted on November 1, 2005 includes a Historical and Archaeological Resources Element which provides a basis for historic preservation in the City of San Bernardino.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
B. This ordinance is adopted to establish a procedure for consideration of demolition requests for historic buildings and structures as defined herein. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
15.37.020 Definitions
For the purpose of carrying out the intent of this Chapter, the words, phrases and terms set forth herein shall be deemed to have the meaning ascribed to them in this Chapter.
A. Building - Any structure having a roof and walls built and maintained to shelter human activity or property.
B. Demolition - To destroy any building or structure so that it is no longer standing or functional.
C. Report - Historic Resource Evaluation Report, a report that evaluates the historical significance of a resource based upon established criteria.
Packet Page. 268
Ordinance No. MC-1643
66 5
4 6
3 D. Resource - A building or structure as defined in this Chapter.
E. Structure -
1. Any structure having a roof and walls built and maintained to shelter human activity or property; or,
2. Work made up of independent and interrelated parts that performs a primary function unrelated to human shelter.
F. Survey - Historic Resources Reconnaissance survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions), a Citywide survey of buildings and structures constructed prior to December 31, 1941 which provides baseline information regarding the types and locations of resources, approximate construction dates, representative architectural styles, construction materials, and contextual historical themes.
G. The Arts and Historical Preservation Commission - A commission formed by Resolution of the Mayor and City Council whose members are appointed by the Mayor and City Council.
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.37.030 Demolition Prohibited
No building or structure fifty (50) years old or older shall be demolished unless a valid Demolition Permit has been issued in accordance with this Chapter. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
15.37.040 Dangerous Buildings Exempted Under Exigent Circumstances The demolition of any building or structure fifty (50) years old or older shall be exempt from the provisions of this Chapter if a determination has been made, supported by findings of fact, by the Hearing Officer or the Building Official pursuant to Chapter 15.28 of the Municipal Code declaring that the building or structure is a dangerous building and constitutes an imminent threat to the health and safety of the public. In lieu of immediate demolition of a structure posing an imminent hazard, feasible mitigation measures should be employed where practicable in order to preserve the structure and site until the historical review process is completed.
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
Packet Page. 269
Ordinance No. MC-1643
67 5
4 6
3 15.37.045 Evaluation Thresholds and Review Requirements Buildings and structures fifty (50) years old or older proposed for demolition shall be evaluated to determine historical significance. The level of review required shall be determined in accordance with the following thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and attachments, April 30, 1991 and all subsequent revisions):
A. A Historic Resource Evaluation Report (Report) shall be required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form (Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified as being potentially eligible for Historic District designation and listed as a contributing resource (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items
1. through 4).
B. A Historic Resource Evaluation Report may be required for any resource listed on the Tabular List and located within the boundaries of an area identified in the Survey as being potentially eligible for Historic Overlay Zone designation (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 5 through 13) Using the criteria established in Section
15.37.055 of this Chapter, the Community Development Director shall evaluate demolition proposals for these resources to determine the requirement for a Report. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
C. Demolition Permit Applications for buildings and structures which are listed only on the Tabular List or not included in the Survey shall not require a Report unless the Community Development Director determines that a Report is required based upon new historical or cultural information not contained in the Survey. When required, Historic Resource Evaluation Reports shall be prepared in accordance with Section 15.37.050 of this Chapter.
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
15.37.050 Historic Resource Evaluation Report
A Historic Resource Evaluation Report required as a submittal for a Demolition Permit Application shall contain the following elements:
A. Purpose and Scope
B. Methods of Evaluation: Field and Archival
C. Location and Setting
D. Architectural Description of the Resource
Packet Page. 270
Ordinance No. MC-1643
68 5
4 6
3 E. Historical Background
F. Discussion of Eligibility for NR listing
G. Statement of Significance
H. Conclusions
I. Recommendations (may include proposed mitigation)
J. Archival Documentation (Appendices)
The Statement of Significance element (Item G. above) shall be made using the criteria listed in Section 15.37.055 of this Chapter and shall include a discussion of the related historical contextual themes. The archival documentation (Item J. above) of the resource shall include a completed DPR 523 Form and archival quality photo documentation. This information shall be included as an appendix to the Report.
Preparation and submittal of the Report shall be the responsibility of the applicant. All Reports shall be prepared by consultants who meet the professional qualification standards for the field of Historic Preservation as described in the Federal Register. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-1027, 9-09-98; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.37.055 Criteria for Determination of Historical Significance
1. The building or structure has character, interest or value as a part of the heritage of the City of San Bernardino; or,
2. The location of the building or structure is the site of a significant historic event; or,
3. The building or structure is identified with a person(s) or group(s) who significantly contributed to the culture and development of the City of San Bernardino; or,
4. The building or structure exemplifies a particular architectural style or way of life important to the City; or,
5. The building or structure exemplifies the best remaining architectural type in a neighborhood; or,
6. The building or structure is identified as the work of a person whose work has influenced the heritage of the City, the State or the United States; or,
Packet Page. 271
Ordinance No. MC-1643
69 5
4 6
3 7. The building or structure reflects outstanding attention to architectural design, detail materials or craftsmanship; or,
8. The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district; or,
9. The unique location or singular physical characteristics of the building or structure represents an established and familiar feature of a neighborhood; or,
10. The building, structure or site has the potential to yield historical or archaeological information.
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
5.37.060 Review Process
1. Director Review - The Director of Community Development and Housing Department shall determine whether to issue a Demolition Permit for an Application which does not require a Report in accordance with Evaluation Thresholds B. and C. and the requirements specified in Section 15.37.045 of this Chapter.
2. The Development and Environmental Review Committee (DERC) Review -An Initial Study (pursuant to the California Environmental Quality Act) shall be prepared for a Demolition Permit Application when a Historical Resource Evaluation Report is required in accordance with Section 15.37.045, Subsections A. - C. of this Chapter. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
The Report may be included as an attachment to the Initial Study or referenced in the Initial Study. The Initial Study shall be reviewed by the DERC for an environmental determination in compliance with the provisions of the California Environmental Quality Act, and applicable City requirements. Following the DERC review, the application and the environmental determination shall be reviewed by the Arts and Historical Preservation Commission.
3. Arts and Historical Preservation Commission Review - The Arts and Historical Preservation Commission shall receive notification of Demolition Permit Applications for which a Historic Resource Evaluation Report is prepared for their review and make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications.
4. Planning Commission Review - A Demolition Permit Application for which a Historic Resource Evaluation Report and Initial Study are prepared shall be scheduled for review by the Planning Commission within forty-five (45) days of the DERC's environmental
Packet Page. 272
Ordinance No. MC-1643
70 5
4 6
3 determination. The Planning Commission shall review Demolition Permit Applications to determine the historical significance of the resource based upon the criteria set forth in Section 15.37.055 of this Chapter. The Planning Commission may also consider the National Register criteria for evaluation.
Based upon the information provided, the Planning Commission shall take action on the environmental determination and approve or deny the issuance of the Demolition Permit.
The Planning Commission's review must be completed within 30 days of the first public hearing before the Planning Commission or the Application shall be forwarded to the Mayor and City Council.
When a Demolition Permit Application is denied because of a determination of historical significance, the Planning Commission shall forward that recommendation to the Mayor and City Council.
If the Planning Commission approves the Demolition Permit Application, the Demolition Permit shall be issued in accordance with the Planning Commission action and following compliance with the provisions of this Chapter and all other City requirements.
5. Effective Date of Permit - Demolition Permits shall become effective 16 days following the final date of action (i.e., approval) by the Director or the Planning Commission unless an appeal has been filed pursuant to Section 15.37.070, which shall stay the issuance of the Demolition Permit until after the Appeal is decided. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09;
Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.37.070 Appeals
Any person may appeal the decisions of the Director of Community Development and Housing Department pursuant to this Chapter to the Planning Commission. Decisions of the Planning Commission pursuant to this Chapter may be appealed to the Mayor and City Council.
An appeal must be submitted in writing with the required appeal fee (if applicable) to the Community and Economic Development Department within fifteen (15) days following the final date of the action for which an appeal is made. The written appeal shall include the reason(s) why the Historic Resource Evaluation Report should or should not be required; or why the Demolition Permit Application should be granted, denied or exempt from the provisions of this ordinance.
Packet Page. 273
Ordinance No. MC-1643
71 5
4 6
3 (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-1027, 9-09-98; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
15.37.080 Penalty
Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Sections 1.12.010 and 1.12.020 of this Code in addition to any other civil or administrative remedies.
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
15.37.085 (Deleted by Ord. MC-1482, 4-18-18)
15.37.090 Fees
Upon submittal of a Demolition Permit Application to the Community Development and Housing Department, the applicant shall pay all applicable Planning Division fees in the amounts as adopted by resolution of the Mayor and City Council for an Initial Study and for the Planning Commission review. The applicant shall pay all required Building Inspection Division fees in the amounts as adopted by resolution of the Mayor and City Council prior to issuance of a Demolition Permit. The applicant shall also pay all fees required by other governmental agencies prior to issuance of a Demolition Permit. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
(c) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the department that posted the building. Safety assessment teams shall be authorized to enter these buildings at any time. This placard will note in general terms the type of damage encountered.
2. Each placard shall include the ordinance number, the name of the department, its address and phone number, and a statement regarding the manner in which an appeal may be filed.
3. Once it has been attached to a building or structure, a placard shall not be removed, altered, or covered until done so by an authorized representative of the department or upon written notification from the department.
Packet Page. 274
Ordinance No. MC-1643
72 5
4 6
3 4. Any person removing such placard without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code.
E. Notification. The Building Official shall, as soon as practicable but no later than 30 days from the date of posting, mail a notice to the owner of each building posted as Restricted Use or Unsafe. Such notice shall be mailed to the owner(s) of record of the property as ascertained from the latest assessment roll of the County Assessor. The notice shall include the following information:
1. A statement indicating that the structure has suffered disaster related damage which constitutes a hazard to its occupants, the public, or adjacent property,
2. That the building has been posted with placards in accordance with this section,
3. The restrictions placed on the use or occupancy of the building,
4. a brief description of the damage, (5) that the damage must be repaired and the hazards eliminated prior to re-occupancy, and (6) that an appeal may be filed in accordance with the procedures contained in Chapter 15.28 of this code.
F. Abatements. If a damaged structure becomes a public nuisance due to abandonment or the failure to repair damage which poses a hazard to the occupants, the public, or adjacent property, the building official may initiate abatement proceedings in accordance with Chapters 8.30 and 15.28 of this code.
(Ord. MC-1018, 2-04-98)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.38
(Repealed by Ord. MC-880, 6-23-93)
Packet Page. 275
Ordinance No. MC-1643
73 5
4 6
3 Chapter 15.40
(Repealed by Ord. MC-880, 6-23-93)
Chapter 15.44
(Repealed by Ord. MC-880, 6-23-93)
Chapter 15.48
SWIMMING POOLS
Sections:
15.48.010 Public policy
15.48.020 Person defined
15.48.030 Fence required
15.48.040 Gates and doors - Specifications
15.48.050 Distance between inside of pool and rear lot line
15.48.060 Distance between pool fence and nonconforming fence
15.48.070 Soils engineering reports
15.48.080 Exemptions
15.48.090 Modifications and variances
15.48.100 Existing pools
15.48.110 (Repealed by Ord. MC-460, 5-15-85)
15.48.010 Public policy
It is found, declared, and determined that private swimming pools shall be fenced as a precautionary measure to prevent severe hazard to the health, safety, and welfare of the inhabitants of the City, particularly children.
(Ord. 2431, 4-02-62)
15.48.020 Person defined
For the purpose of this Chapter, "person" shall include, but not be limited to, any individual, firm, association, partnership, trust, corporation, political subdivision within the City, or other form of organization whether operating for profit or otherwise. (Ord. 2431, 4-02-62)
Packet Page. 276
Ordinance No. MC-1643
74 5
4 6
3 [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.48.030 Fence required
Each person in possession of land within the City, as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-doors body of water or structure designed, constructed or used, or capable of being used, for swimming or bathing, having a depth in excess of eighteen inches, shall maintain on the premises, completely surrounding the pool or body of water, a fence or wall not less than four feet in height. There shall be no openings, holes, or gaps in the fence or wall larger than four inches square, except that if a picket fence or other fence constructed of vertical members is maintained, the open space between the pickets or vertical members shall not exceed four inches horizontally and shall be not less than thirty-six inches vertically. This fence must be non-climbable with openings, holes, or gaps not to be constructed or maintained in a horizontal series constituting steps or other means of access. A dwelling house or accessory building may be used as part of the required fence or wall.
(Ord. 3971, 9-24-80; Ord. 3031, 12-09-69; Ord. 2431, 4-02-62)
15.48.040 Gates and doors - Specifications
All gates or doors opening through the required enclosure shall be not less than four feet high. Gates or doors shall be equipped with a self-closing and self-latching device located within three inches of the required height of fence or wall. Closing and latching devices shall be designed to be self-closing and capable of keeping the door or gate securely closed at all times when not in actual use. These requirements are to include pedestrian doors with direct access to the rear yard from the garage. No gate or door across a driveway providing access to any required parking area may open into the area between a fence or wall and the pool or body of water.
(Ord. 3971, 9-24-80; Ord. 2431, 4-02-62)
15.48.050 Distance between inside of pool and Side and rear lot line Any swimming pool constructed after the effective date of the ordinance codified in this Chapter shall be constructed so that there shall be at least five feet between the inside or poolside face of the swimming pool and side or rear lot line. No mechanical equipment shall be placed nearer than five feet to any side or rear lot line. (Ord. 3031, 12-09-69; Ord. 2431, 4-02-62)
15.48.070 Soils engineering reports
Packet Page. 277
Ordinance No. MC-1643
75 5
4 6
3 A. Prior to issuance of a swimming pool permit, the building official may require that the swimming pool plans be reviewed by an approved soils engineer. All reports shall be subject to approval by the building official, and supplemental reports and data may be required as he may deem necessary. Recommendations included in the report and approved by the building official shall be incorporated in the swimming pool plans by the permittee.
B. Swimming pools constructed of materials that are subject to failure by deterioration, tears or rips shall not be so located so that a failure would possibly endanger any private property or result in the deposition of debris on any public way. (Ord. 3031, 12-09-69; Ord. 2431, 4-02-62)
15.48.080 Exemptions
All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of the fencing requirements. (Ord. 3474, 1-22-75; Ord. 2431, 4-02-62)
(Ord. MC-1027, 9-09-98; Ord. 2431, 4-02-62)
15.48.100 Existing pools
Swimming pools in existence on the effective date of the ordinance codified in this Chapter shall be fenced in accordance with the requirements of this Chapter on or before July 1,1962.
(Ord. 2431, 4-02-62)
15.48.110 (Repealed by Ord.MC-460, 5-15-85)
Chapter 15.52
(Repealed by Ord. MC-781, 4-22-91)
(Repealed by Ord. MC-1379, 10-15-12)
Chapter 15.56
(Repealed by Ord. MC-781, 4-22-91)
1. Enforcement of Title 25 provisions within Mobile Home Parks will be administered by the State of California Department of Housing and Community Development.
This would encompass the alteration or installation of any factory constructed structure.
2. Municipal code enforcement within Mobile Home Parks may be administered by the City’s Municipal Code Enforcement Division. This would include any freestanding structures or unsafe, insanitary condition at the park itself.
Packet Page. 278
Ordinance No. MC-1643
76 5
4 6
3 3 For statutory provisions on mobile homes, see Health and Safety Code §18000 seq.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.57
Cultural Development Construction Tax
Sections:
15.57.010 Purpose
15.57.020 Definitions
15.57.030 Cultural Development Construction Tax imposed
15.57.040 Time of payment
15.57.050 Tax- Place of payment
15.57.060 Disposition of cultural development construction taxes
15.57.070 Severability
15.57.010 Purpose
The purpose of this Chapter is to provide for the payment of a tax applicable to new construction or reconstruction of commercial structures to provide funds for the promotion of fine art culture and other cultural enhancements as the Mayor and City Council may direct. Enhancement of cultural development is deemed to be a public benefit to all citizens of the community.
(Ord. MC-1451, 12-20-17; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)
15.57.020 Definitions
For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows:
A. "Commercial structure" shall mean any building or structure all or part of which contains a commercial or industrial use permitted by this Code; provided, however, "Commercial Structure" shall not include any building or structure constructed or reconstructed for the elderly and handicapped pursuant to Title 15 of this Code, or pursuant to Title 25 or 26 of the California Code of Regulations.
Packet Page. 279
Ordinance No. MC-1643
77 5
4 6
3 B. "Construction cost" shall mean the total value of all construction or reconstruction work on a commercial structure as determined by the Director of Community Development pursuant to Section 15.04.080 of this Code in issuing a building permit for such construction or reconstruction.
C. "New Construction" shall mean all new commercial construction. [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
D. "Reconstruction" shall mean additions, alterations, repairs or remodels made to an existing commercial structure. Reconstruction is required to conform to the requirements for new buildings pursuant to the California Building Code and Title 15 of this Code.
Reconstruction necessitated by natural disaster or accidental damage shall not be subject to this Chapter provided, however, that damage in the normal course of business shall be included.
(Ord. MC-1451, 12-20-17; Ord. MC-1027, 9-09-98; Ord. MC-768, 3-12-91; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)
15.57.030 Cultural Development Construction Tax imposed A. A cultural development construction tax is imposed on the privilege of New Construction or Reconstruction as defined in Section 15.57.020 Subsections C and D.
Such a tax shall be equal to one-half (1/2) of one (1) percent of the Construction Cost.
B. Notwithstanding the foregoing provisions, the tax shall not be imposed and charged for any permit for which an application together with two sets of complete plans and specifications as required by Sections 301 and 302 of the California Building Code are filed and approved with the City prior to September 8, 1986, provided that the applicant has paid all plan check fees prior to that date.
C. No cultural development construction tax shall be charged for the first Reconstruction of any Commercial Structure up to its previously existing square footage, if the previously existing Commercial Structure was voluntarily demolished by the property owner after Code Enforcement has issued a Notice of Violation/Abatement. (Ord. MC-1451, 12-20-17; Ord. MC-1175, 7-22-04; Ord. MC-768, 3-12-91; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)
15.57.040 Time of payment
The cultural development construction tax required in Section 15.57.030 to be paid shall be due and payable upon issuance by the City of a building permit for the New Construction or Reconstruction of any Commercial Structure; provided, however, that there shall be a refund of such tax in the event that the building permit expires, within the
Packet Page. 280
Ordinance No. MC-1643
78 5
4 6
3 meaning of Section 302 (d) of the latest edition of the California Building Code adopted in the City, within thirty days after the date of such expiration, upon written application for such refund by the person who paid such tax setting forth in full the facts showing that such permit has expired. The full amount due under this Chapter shall constitute a debt to the City. An action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause.
(Ord. MC-1451, 12-20-17; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)
15.57.050 Tax- Place of payment
The tax shall be paid to the Building Official of the City or his/her authorized agent in the Community Development and Housing Department of the City. (Ord. MC-1451, 12-20-17; Ord. MC-1027, 9-09-98; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)
15.57.060 Disposition of cultural development construction taxes The funds derived from this tax shall be placed in the General Fund with identification as to the source, so that the Mayor and City Council may consider appropriate expenditures in its annual budget for allocation to cultural development activities in the City or such other uses as the Mayor and City Council may direct. The use of the funds shall be reviewed annually by the Mayor and City Council.
(Ord. MC-1451, 12-20-17; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)
15.57.070 Severability
If any section, subsection, sentence, clause, phrase, or portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the Chapter.
(Ord. MC-1451, 12-20-17; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86) Chapter 15.60
(Repealed by Ord. MC-880, 6-23-93)
Chapter 15.64
(Repealed by Ord. MC-84, 7-21-81)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Packet Page. 281
Ordinance No. MC-1643
79 5
4 6
3 Chapter 15.68
WASHERS, DRYERS, EXTRACTORS, AND COMPRESSORS
Sections:
15.68.010 Purpose
15.68.020 Permit for installation - Fee
15.68.030 Operation prohibited when excessive ground
vibration occurs
15.68.040 Distance of commercial laundry compressor
from other buildings
15.68.050 Requirements in addition to building code and other laws
15.68.060 (Repealed by Ord. MC-460, 5-15-85)
15.68.010 Purpose
The purpose of this Chapter is to regulate the installation, operation and maintenance of equipment or machinery, including but not limited to washers, dryers, extractors and washer extractors of fifty-five-pound capacity or larger, and compressors. (Ord. 3064, 4-07-70)
15.68.020 Permit for installation - Fee
A. No person, firm or corporation shall install any equipment or machinery without first obtaining a permit from the Community Development and Housing Department. The fee for such a permit shall be ten dollars. Such fee shall be in addition to and supplemental to any other fee charged for the installation of such equipment or machinery.
B. A design drawing and calculations shall be submitted with the application for a permit showing all information pertaining to the equipment or machinery which is necessary for a determination of foundation requirements in order that it may operate efficiently, safely, and with a minimum of vibration. A requirement of installation based on the design shall be that the ground vibration inherently and recurrently generated does not cause a displacement of the earth greater than .033 of one inch as measured at any point radially in any plane from the foundation, as determined by the City Engineer. (Ord. MC-1027, 9-09-98; Ord. 3064, 4-07-70)
[Rev. 2022]
[Return to Municipal Code Contents]
Packet Page. 282
Ordinance No. MC-1643
80 5
4 6
3 [Return to Title 15 Contents]
15.68.030 Operation prohibited when excessive ground vibration occurs A. No person shall operate any of the above equipment or machinery which due to faulty installation, maintenance or operation causes a ground vibration in excess of that described in Section 15.68.020. If in the opinion of the City Engineer equipment or machinery presently in operation does cause such excessive vibration, the Superintendent of the Development Services Department may require the operator to submit all the information required for an original installation of such equipment or machinery.
B. If such information shows to the satisfaction of the City Engineer that the existing installation of such equipment or machinery does not meet the required standards, changes and modifications of installation shall be required to obtain compliance with the standards before the operation of the equipment or machinery may be continued. (Ord. MC-1027, 9-09-98; Ord. 3064, 4-07-70)
15.68.040 Distance of commercial laundry compressor from other buildings Any commercial laundry compressor maintained outside of the commercial building on the premises shall be at least seventy-five feet from any other building occupied as a residential dwelling unless provision is made to completely enclose the compressor in accordance with the minimum standards set forth in a drawing marked "commercial laundry compressor" on file in the Department of Development Services, City Hall, San Bernardino, California.
(Ord. MC-1027, 9-09-98; Ord. 3064, 4-07-70)
15.68.050 Requirements in addition to building code and other laws The requirements of this Chapter are in addition and supplemental to any other requirements set forth in the California Building Code or other laws. (Ord. 3064, 4-07-70)
15.68.060 (Repealed by Ord.MC-460, 5-15-85)
Chapter 15.72
(Repealed by Ord. MC-781, 4-22-91)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Packet Page. 283
Ordinance No. MC-1643
81 5
4 6
3 Chapter 15.73
VERDEMONT AREA - INFRASTRUCTURE FEE
Sections:
15.73.010 Findings and determination
15.73.020 Rules of construction
15.73.030 Definitions
15.73.040 Persons subject to Infrastructure Fee
15.73.050 Infrastructure Fee
15.73.060 Time of payment
15.73.065 Deferral
15.73.070 Establishment of Infrastructure Fee Fund
15.73.080 Use of funds
15.73.090 Refunds
15.73.100 Penalties
15.73.110 Severability
15.73.120 Other fees
15.73.010 Findings and determination
The Mayor and City Council hereby find and determine as follows:
A. The City of San Bernardino (the "City") must provide for the acquisition, construction and installation of certain right-of-way and related infrastructure improvements (as hereinafter defined and as hereinafter referred to as the "Right-of-Way Improvements") and certain other public improvements (as hereinafter described and as hereinafter referred to as the "Public Improvements") within the Verdemont Area of the City in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service and in order to ensure that the infrastructure system is in conformity with the requirements of the City's General Plan.
B. It is in the interests of the present landowners within the Verdemont Area and the residents, both within the Verdemont Area and within the City generally, that the City causes the acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements within the Verdemont Area;
Packet Page. 284
Ordinance No. MC-1643
82 5
4 6
3 C. The imposition of infrastructure development fees (the "Infrastructure Fees") is one of the preferred methods of ensuring that development in the Verdemont Area bares a proportionate share of the cost of capital facilities necessary to accommodate such development in order to effectively provide the quality and extent of infrastructure required within the Verdemont Area;
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
D. Development within the Verdemont Area will (i) generate increased traffic volumes necessitating the acquisition, construction and installation of the Right-of-Way Improvements and (ii) create a need for the acquisition, construction and installation of the Public Improvements;
E. Revenues generated from the levy of the Infrastructure Fees will be used to facilitate the acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements which in turn will allow for the future development of property within the Verdemont Area by providing additional traffic flow capacity and other public improvements;
F. The Infrastructure Fees established by Section 15.73.050 of this Chapter shall be calculated pursuant to a resolution duly adopted by the Mayor and City Council simultaneously herewith (the "Resolution"). The Infrastructure Fees established by this Ordinance and as calculated pursuant to the Resolution are derived from, and based upon, and do not exceed the costs of undertaking the acquisition, construction and installation of the Right-of-Way Improvements;
G. It is anticipated that certain excess revenues may be generated through the levy of the Infrastructure Fees for the acquisition, construction and installation of the Right-of-Way Improvements, and to the extent such revenues are generated, such revenues as are in excess of the amount required for the acquisition, construction and installation of the Right-of-Way Improvements shall be used for the purposes of funding the acquisition, construction and installation of the Public Improvements as defined in Section
15.73.030(e); provided, however, that if such excess revenues are not generated, then the Infrastructure Fees established by Section 15.73.050 of this Chapter and calculated pursuant to the Resolution will be increased in accordance with the terms of the Resolution or any subsequent resolution adopted by the Mayor and the City Council of the City in order to cause the funding of the acquisition, construction and installation of the Public Improvements;
H. That certain engineers report entitled "Engineers Report - Right-of-Way Improvements - Verdemont Area" (the "Engineers Report") sets forth the scope and extent of the Right- of-Way Improvements and the Public Improvements required in the Verdemont Area and sets forth a reasonable methodology and analysis for the determination of the impact of development on the need for, and costs of, acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements in the Verdemont Area;
Packet Page. 285
Ordinance No. MC-1643
83 5
4 6
3 I. This Chapter shall apply only to that area of the City known as the Verdemont Area and is intended to assist in the continued development of the Verdemont Area; [Rev. 2022]
[Return to Municipal Code Contents]
J. The purpose of this Chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide Right-of-Way Improvements and Public Improvements within or for the benefit of the Verdemont Area; and
K. The City has the authority to enact this Chapter pursuant to Section 66000, et seq., of the California Government Code and Sections 40 (z) and 40 (aa) of the Charter of the City of San Bernardino.
(Ord. MC-707, 3-19-90)
15.73.020 Rules of Construction
A. The provisions of this Chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.
B. For the purposes of administration and enforcement of this Chapter, unless otherwise stated in this Chapter, the following rules of construction shall apply to the text of this Chapter:
1. In the case of any difference of meaning or implication between the text of this Chapter and any caption, illustration or summary table, the text shall control.
2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
3. Words used in the present tense shall include the future tense; and words used in the singular number shall include the plural, and the plural the singular unless the context clearly indicates to the contrary.
4. The word "person" includes an individual, a corporation, a partnership, an unincorporated association, or any other similar entity.
5. The word "includes" shall not limit the term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. MC-707, 3-19-90)
15.73.030 Definitions
A. "Verdemont Area" is defined as that area of the City of San Bernardino delineated by the Verdemont Area Plan adopted by the Mayor and City Council on November 17, 1986, excepting therefrom that area southwesterly of Kendall Drive, from the southerly
Packet Page. 286
Ordinance No. MC-1643
84 5
4 6
3 boundary of the Verdemont Area Plan to Palm Avenue and portions north of Kendall Drive and southeasterly of Pine as shown in the Engineer' s Report, and southwesterly of Route I-215 Freeway, from Palm Avenue to the northerly boundary of the Verdemont Area Plan and as more fully described in the Engineer's Report.
B. "Development" shall mean every project for which either (i) a building permit is required, except that it shall not include those projects increasing either the size or value of a single-family residence by twenty-five percent (25%) or less, or (ii) a permit is required in connection with the installation of a mobile home.
C. A "Fee Payer" shall mean a person commencing a land development activity which generates traffic, necessitates the construction of additional publicly owned facilities or improvements and which requires the issuance of a building permit or a permit for the installation of a mobile home.
D. "Right-of-Way Improvements" shall mean the acquisition, construction and installation of full width streets including, full-width paving, curbs and gutters, sidewalks, streetlights, sewer mains, storm drains, catch basins and water mains in the following locations and all as more fully described in the Engineer's Report.
Portions of Palm Avenue between Kendall Drive and Verdemont Avenue which portions are immediately adjacent to undeveloped projects
Walnut Avenue
Irvington to Belmont
Belmont to Ohio (portions)
Olive Avenue
Verdemont Avenue to Ohio
Ohio to Belmont (portions)
Belmont to Irvington
Magnolia Avenue
Verdemont Avenue to Little League Drive
Little League Drive
Irvington to Verdemont
Meyers Road
Little League Drive to New Section
New Section to Cable Canyon
Packet Page. 287
Ordinance No. MC-1643
85 5
4 6
3 [Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Irvington
Pine to Olive (portions)
Olive to Magnolia
Belmont Avenue
Pine to Olive (limited portions)
Olive to Palm (portions)
Palm to just past Little League Drive
Ohio Avenue
Pine to Palm (portions)
Palm to west of Little League Drive
Verdemont Avenue
Little League Drive to
Palm Avenue
Palm to Pine (portions)
Frontage Road
Palm to City Limits (Devore)
Cable Canyon Road
Meyers Road to Frontage Road (new roadway)
E. "Public Improvements" shall mean the acquisition, construction and installation of drainage facilities, park facilities, fire station facilities and landscaping, all as more fully described in the Engineer's Report.
F. "Engineer's Report" shall mean that certain Engineer's Report prepared for the Verdemont Area dated January 3, 1990.
G. "Equivalent Dwelling Unit" shall refer to a numerical value designation for residentially zoned property whereby one (1) Equivalent Dwelling Unit is equivalent to a residential
Packet Page. 288
Ordinance No. MC-1643
86 5
4 6
3 unit whether such residential unit be a single family attached or detached unit, or multi- family unit within a multi-family structure, or a mobile home. For land uses other than residential uses, the Equivalent Dwelling Unit shall equal the density of residential units that could be built per acre as determined by the zoning of the immediately adjacent or, if not immediately adjacent, the most proximate residentially zoned property. (Ord. MC-707, 3-19-90)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.73.040 Persons Subject to Infrastructure Fee
Any person who seeks to develop land within the Verdemont Area by applying for a building permit, an extension of a building permit, a permit for a mobile home installation, or an extension of a permit for mobile home installation to make improvements to land which will generate additional traffic or increase the need for public facilities is hereby required to pay an Infrastructure Fee in the manner set forth in this Chapter. (Ord. MC-707, 3-19-90)
15.73.050 Infrastructure fee
The Infrastructure Fee for any given parcel of property shall be determined by ascertaining the land use category of the parcel and multiplying the amount of the Infrastructure Fee by the number of Equivalent Dwelling Units allocated to such land use category. The initial amount of the Infrastructure Fee shall be set by the Resolution, and may be subject to increase pursuant to the terms of any subsequent resolutions to be adopted by the Mayor and City Council, which resolutions shall provide for increases to the Infrastructure Fee in order to cover any administrative and carrying costs incurred in connection with the issuance of bonds required in order to finance the acquisition, construction and installation of all or any portion of the Right-of-Way Improvements and/or the Public Improvements.
It is anticipated that there may be certain excess revenues generated in connection with the levy of the Infrastructure Fee in the initial dollar amounts and to the extent any such excess revenues do exist, said excess revenues will be applied to fund the costs of the acquisition, construction and installation of the Public Improvements. To the extent said excess revenues do not exist, the Infrastructure Fee in the dollar amount as initially established, may be subject to additional increases by subsequent resolutions of the Mayor and Common Council in order to cause the funding of the acquisition, construction and installation of the Public Improvements.
The above-referenced subsequent resolutions and the dollar amount of the Infrastructure Fee initially established pursuant to this Chapter and the Resolution shall be reviewed
Packet Page. 289
Ordinance No. MC-1643
87 5
4 6
3 and amended at least annually, or more often as may be necessary under the circumstances to reflect any increases in costs.
A. For applications for an extension of a building permit or an extension of a permit for mobile home installation, the amount of the fee is the difference between the fee then applicable and any amounts previously paid in connection with the application for the initial permit.
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
B. In the case of change of use, rehabilitation, expansion or modification of an existing use which requires the issuance of a building permit or permit for mobile home installation, the Infrastructure Fee shall be based upon the net positive increase in the demands placed upon the Right-of-Way Improvements and the Public Improvements by the new or expanded use compared to the previous use or level of use. (Ord. MC-707, 3-19-90)
15.73.060 Time of Payment
A. Except as may otherwise be provided in subsection (b) hereof, each applicant for a commercial or industrial building permit shall pay to the City the then applicable Infrastructure Fee, as initially established pursuant to this Chapter and adjusted pursuant to any subsequent resolutions of the City as more fully described in Section 15.73.050 hereof, upon the submission to the City of an application for a commercial or industrial building permit, which application is complete, and in a form acceptable to the City. Each applicant for a residential building permit who submits an application, which application is complete, and in the form acceptable to the City, shall pay to the City the then applicable Infrastructure Fee, as initially established pursuant to this Chapter and adjusted pursuant to any subsequent resolutions of the City as more fully described in Section 15.73.050 hereof, for all residential units subject to a building permit upon the earlier of the following dates:
(i) upon the date of final inspection of the first dwelling unit completed in the residential development to which the building permit is applicable, or (ii) upon the date a certificate of occupancy is issued for the first dwelling unit completed in the residential development to which the building permit is applicable.
In the event the City accepts any payment of Infrastructure Fees in connection with the submission of a building permit application, which application is incomplete or not in a form satisfactory to the City, all payments made in connection with such application shall be returned to the applicant and such applicant shall be required to submit a complete and acceptable application, and, at the time of such submission, shall pay any then applicable Infrastructure Fees. Notwithstanding any provision herein to the contrary, the
Packet Page. 290
Ordinance No. MC-1643
88 5
4 6
3 City, by official action of the Mayor and City Council, may require the payment of applicable Infrastructure Fees for residential units prior to the approval of a final tract or parcel map applicable to residential development if one of the following conditions are met:
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
1. The City Engineer has determined that the applicable Infrastructure Fee will be collected from the sub-divider for public improvements or facilities for which an account has been established and funds have been appropriated, and for which the City has adopted a proposed construction schedule or plan, or
2. The applicable Infrastructure Fee will reimburse the City for expenditures previously made by the City. All applicants for permits for the installation of mobile homes will be subject to the procedures applicable to residential developments set forth hereinabove.
B. Any person or entity who would otherwise be required to pay the Infrastructure Fee pursuant to paragraph (A) hereinabove may receive as a credit towards the Infrastructure Fee attributable to such person or entity, all or a portion of the costs of any Right-of-Way Improvements or Public Improvements that may be or may have been acquired, constructed or installed by such an entity.
C. All funds collected shall be promptly identified as Right-of-Way/Public Improvement Infrastructure Fees and promptly transferred for deposit in the appropriate Right-of- Way/Public Improvement Infrastructure Fee Fund to be held in a separate account and, together with interest earnings thereon, used solely for the purposes specified in this Chapter.
D. Notwithstanding anything in this section to the contrary, for any subdivision for which a final map has been approved prior to the effective date of this Chapter the fee established pursuant to Section 15.73.050 may be paid at the close of escrow on each individual lot, unless a later time is allowed by this Chapter. (Ord. MC-1027, 9-09-98; Ord. MC-707, 3-19-90; Ord. MC-755, 11-21-90)
15.73.065 Deferral
For the construction of new single-family homes, the fees imposed by Section
15.73.060 may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from the issuance of the Building Permit, whichever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property,
Packet Page. 291
Ordinance No. MC-1643
89 5
4 6
3 authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and City Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes. (Ord. MC-1045, 4-20-99; Ord. MC-1044, 4-07-99; Ord. MC-1011, 12-16-97; Ord. MC-961, 3-20-96)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.73.070 Establishment of Infrastructure Fee Fund
There is hereby established a Right-of-Way/Public Improvement Infrastructure Fee Fund.
The funds withdrawn from this account must be used in accordance with the provisions of Section 15.73.080 of this Chapter.
(Ord. MC-707, 3-19-90)
15.73.080 Use of Funds
A. Funds collected from the Infrastructure Fees shall be used for the purpose of causing the acquisition, construction and installation of the Right-of-Way Improvements and/or Public Improvements within the Verdemont Area, as more specifically described in the Engineer's Report.
B. No funds collected pursuant to this Chapter shall be used for periodic or routine maintenance.
C. Funds may also be used to pay debt service on bonds or similar debt instruments issued in order to provide financing for the acquisition, construction and installation of the Right-of-Way Improvements and/or the Public Improvements for which the Infrastructure Fee may be expended.
(Ord. MC-707, 3-19-90)
15.73.090 Refunds
Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the Infrastructure Fee was paid shall, upon application of the then current landowner, be returned to such landowner with accrued interest thereon, provided the landowner submits an application for refund to the City Finance Officer within one hundred eighty (180) days of the expiration of the six-year period. (Ord. MC-707, 3-19-90)
Packet Page. 292
Ordinance No. MC-1643
90 5
4 6
3 15.73.100 Penalties
A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. (Ord. MC-707, 3-19-90)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
15.73.110 Severability
If any Section, phrase, sentence or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or portions hereof shall be deemed to be a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. (Ord. MC-707, 3-19-90)
15.73.120 Other Fees
Notwithstanding the payment of Infrastructure Fees as set forth in this Chapter, any developer or Fee Payer shall be responsible for the payment of any applicable installation fees, sewer connection fees, water acquisition charges or other fees or charges levied by the City and all other public bodies in connection with the development of property with the Verdemont Area, and such developer or Fee Payer shall either:
(i) provide for the acquisition, construction and installation of any and all other public improvements required by the City of such developer or Fee Payer as a condition to approval of any development which are in addition to both (a) the Right-of-Way Improvements to be funded by the Infrastructure Fees as established by this Chapter in the initial dollar amount and (b) the Public Improvements to be funded by subsequent increases to the Infrastructure Fees or as established by this Chapter in the initial dollar amount,
(ii) pay any other on or off-site improvement fees, assessments or special taxes as may be levied by the City as a condition to the approval of any development in lieu of the actual acquisition, construction or installation of public improvements as set forth in (i) above.
Unless a developer or Fee Payer has provided for the payment of Infrastructure Fees in an amount to provide for the acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements, plus any financing costs if applicable, or has constructed a proportionate share of the Right-of-Way Improvements and the Public Improvements, such developer or Fee Payer shall not be relieved from the obligation to
Packet Page. 293
Ordinance No. MC-1643
91 5
4 6
3 participate in any benefit assessment district or special tax district established for the purpose of funding that portion of the Right-of-Way Improvements and/or the Public Improvements not covered by the Infrastructure Fees as may have been previously paid by a developer or Fee Payer.
(Ord. MC-707, 3-19-90)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.74
VIOLATION - PENALTY
Sections:
15.74.010 Violation - Penalty
15.74.010 Violation - Penalty
A. Any person, firm or corporation whether as a principal, agent, employee or otherwise who erects, constructs, enlarges, alters, repairs, moves, improves, removes, converts or demolishes a building or a structure for which a building permit is required by this title and the adopted codes, and for which a permit has not been obtained from the Building Official, or otherwise violates any provision of the adopted codes, or this Title, shall be guilty of either an infraction or a misdemeanor. Any person, firm or corporation whether as a principal, agent, employee or otherwise, violating or causing the violation of any provision of the Fire Code is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code.
B. Each day during any part of which the activity prohibited by Subdivision A of this section continues, or a violation of the adopted codes continues to exist shall be a separate and distinct offense. The imposition of any penalty for any violation of this Title shall not excuse the violation or permit it to be continued, and all persons shall be required to correct or remedy all such violations or defects within a reasonable time. The application of any penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. MC-1262, 12-18-07; Ord. MC-1261, 12-04-07; Ord. MC-728, 5-08-90; Ord.
SECTION 22.Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 23.Severability. 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, 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
Packet Page. 294
Ordinance No. MC-1643
92 5
4 6
3 fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. 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 24.Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
SECTION 25.CEQA. The City Council finds that the amendments to the Municipal Code, made pursuant to this Ordinance, are exempt from the California Environmental Quality Act (“CEQA”) because they do not constitute a project within the meaning of CEQA Section 15378. The amendments herein have no potential for resulting in physical change to the environment, directly or indirectly. The City further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. These amendments do not allow any new activities, but merely adopt updated language. Staff is hereby directed to file a Notice of Exemption with the San Bernardino County Clerk’s Office within five (5) working days of the adoption of this Ordinance.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of October, 2024.
___________________________________
Helen Tran, Mayor, City of San Bernardino
Attest:
____________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
Packet Page. 295
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-1643, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 18th day of September, 2024. Ordinance No. MC-1643 was approved, passed and adopted at a regular meeting held the 2nd day of October, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSA _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___day of October 2024. ____________________________
Genoveva Rocha, CMC, City Clerk
Packet Page. 296
2 3
2 0
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Revised Arrowhead Grove Phase IV Affordable
Housing Project Conditional Funding Commitment
(Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024-208 of the Mayor and City Council of the City of San Bernardino, California, approving a revised HOME Investment Partnership Program Conditional Funding Commitment for Arrowhead Grove Phase IV, an affordable housing project; and
2. Authorize the City Manager, or designee, to take any further actions and execute any further agreements or documents as necessary including minor and substantive changes.
Executive Summary
Approval of Resolution No. 2024-208 revises the conditional funding commitment initially approved by the Mayor and City Council on March 6, 2024, which conditionally committed both HOME Investment Partnership and Neighborhood Stabilization Programs funds to Arrowhead Grove Phase IV. This revision will now commit only HOME Investment Partnership funding. There remains no impact on the General Fund.
The Arrowhead Grove Phase IV (“Project”), consisting of 92 low-income units, is part of a total of 412 units spread over three separate parcels. The project supports and facilitates new housing development in Downtown San Bernardino and along transit lines.
Packet Page. 297
2 3
2 0
Background
The United States Department of Housing and Urban Development (HUD) provides HOME Investment Partnerships Program (HOME) funding to the City, to support the increase in the supply of affordable housing for low- and very low-income households.
A conditional commitment refers to the promise to commit HOME funds once the Housing Authority of County of San Bernardino (HACSB) and National Core Renaissance of California (CORE) meet agreed upon conditions.
Arrowhead Grove is a transformational master-planned community located in the heart of San Bernardino. When complete, this 38-acre site will consist of more than 400 mixed-income apartment homes for individuals, families, and seniors.
To date, Phase I (Valencia Vista), Phase II (Olive Meadow), and Phase III (Crestview Terrace) have been completed. The table below summarizes Arrowhead Grove upon completion of all phases, along with the City’s contributions to date:
Phase Location
# of
Units
Completion Date
City Contribution
Valencia Vista 960 N. Valencia Ave 75 June 2016 HOME Loan Olive Meadow 610 E. Olive St. 62 November 2017 HOME Loan Crestview Terrace 575 E. Baseline St. 184 September 2021 HOME/NSP Loan Phase IV TBD 92 TBD HOME Loan
Phase V Community Centers N/A TBD TBD
TOTAL 412
The completion of the first three phases has required the support of multiple funding sources: HUD Office of Recapitalization, HUD Federal Housing Administration, HUD Lender (Wells Fargo), Tax Credit Investors, and public lenders (County of San Bernardino, HACSB, and the City).
Discussion
Phase IV will include the development of seven (7) two- and three-story buildings, providing 92 new affordable residential units targeting income households at or below 80% of the Area Median Income (AMI). This phase will also include a private community center, a swimming pool, shared outdoor common area amenities with Phases I-III, and surface parking. The addition of these 92 units, combined with the 321 units developed in Phases I-III, will bring the total number of residential units to 413. The estimated total project cost is approximately $64.9 million.
To financially support the Project, the development team submited an application for the Affordable Housing and Sustainable Communities (AHSC) program prior to the application deadline of March 19, 2024. The AHSC program provides grants and/or loans to projects that achieve GHG emission reductions and benefit Disadvantaged Communities, Low-Income Communities, and Low-Income Households through increasing accessibility of affordable housing, employment centers, and Key Destinations via low-carbon transportation. These investments result in fewer vehicle
Packet Page. 298
2 3
2 0
miles traveled through shortened or reduced vehicle trip lengths or mode shift to transit, bicycling, or walking.
HACSB/CORE will also be applying for tax-exempt bonds from the California Debt Limit Allocation Committee (CDLAC), which if awarded, also provides 4% federal low- income housing tax credits (Tax Credits), as well as $5 million from San Bernardino County, made up of $3 million of the County’s HOME allocation and $2 million from the County’s Housing Development Fund. HACSB will be donating the land for the Project as a below-market ground lease conveyance. HUD has also confirmed that the Project is eligible for the conversion of 92 units to Section 8 assistance under the Rental Assistance Demonstration (RAD) program.
AHSC scores projects on a series of factors and requires HACSB/CORE to demonstrate that the Project is financially feasible as evidenced by documentation including, but not limited to, Enforceable Funding Commitments. City staff recommends the approval of a revised conditional commitment of up to $3 million of HOME funds to support the Arrowhead Grove Phase IV Project. The revision replaces the originally allocated $1.9 million in Neighborhood Stabilization Program (NSP) funds with additional HOME funds, maintaining the total City funding commitment of $4.9 million.
As of August 2024, HACSB has been notified of its successful AHSC program application and is in the process of taking the necessary steps to secure the funding.
HACSB is currently awaiting notification on the tax credit application from the California Debt Limit Allocation Committee. An estimated timeline for tax credit award decisions is as follows:
Program AHSC
Program Award Date August 2024
CDLAC/TCAC Application Due Date September 2024
CDLAC/TCAC Award Date December 2025
Target Closing Date March 2025
CSLAC /TCAC Closing Deadline June 2025
In 2008 and 2011, the City was awarded Neighborhood Stabilization Program (NSP) funding to provide emergency assistance to stabilize communities with high rates of abandoned and foreclosed homes and to assist households whose annual incomes are up to 120 percent of the area median income (AMI). The NSP funds were initially identified as a potential funding source. However, due to the availability of outstanding HOME funds, the City staff is recommending to reallocate HOME funds.
This is a conditional funding commitment. The City will return at a future date to request a commitment of HOME funds once HACSB and CORE meet all the HOME
Packet Page. 299
2 3
2 0
commitment requirements as outlined in 24 CFR 92.2 and 24 CFR 92.250(b). These requirements include providing an assessment of market demand in the neighborhood, completing the environmental review, securing all necessary financing, submitting a complete budget, demonstrating cost reasonableness, and ensuring that all required documentation is submitted to the City for the completion of underwriting and subsidy layering analysis.
2021-2025 Strategic Targets and Goals
Expanding accessibility to housing will improve the quality of life for unhoused and low- income residents. The Project aligns with Strategic Target No. 3: Improved Quality of Life.
Fiscal Impact
This item has no fiscal impact on the General Fund. The total funding commitment of $4.9 million will be awarded from HOME Reinvestment Program funds.
Conclusion
It is Recommended that the Mayor and City Council of San Bernardino, California
1. Adopt Resolution No. 2024-208 of the Mayor and City Council of the City of San Bernardino, California, approving a revised HOME Reinvestment Partnership Program Conditional Funding Commitment for Arrowhead Grove Phase IV, an affordable housing project; and
2. Authorize the City Manager, or designee, to take any further actions and execute any further agreements or documents as necessary including minor and substantive changes.
Attachments
Attachment 1 Resolution 2024-208
Attachment 2 Resolution 2024-036 Original Conditional Funding Commitment Attachment 3 Original Conditional Funding Commitment Letter Attachment 4 Resolution 2017-257 Arrowhead Grove Project Ward:
Ward 2
Synopsis of Previous Council Actions:
December 20, 2017 The Mayor and City Council approved the Conditional Use Permit and Revised Subdivision for the development of the Arrowhead Grove Project.
March 6, 2024 The Mayor and City Council approved a Conditional Funding Commitment for Arrowhead Grove Phase IV, including up to $1.9 million of Neighborhood Stabilization Program (NSP) funds and up to $3 million in HOME funds to support the project.
Packet Page. 300
Resolution No. 2024-208
Resolution 2024-208
October 2, 2024