All appeals relating to subdivision matters shall be made within 15 days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 19.32 (Applications and Fees). (San Bernardino Municipal Code, Section 19.52.100).
Preliminarily, the referenced section applies only to “a Director or DRC action.” Here, the “action” overturned by the Planning Commission was the “Amendment to Conditions of Approval 23-01,” issued on July 20, 2023 by staff member Michael Rosales. However, Mr. Rosales stated on the record at the November 12, 2024 hearing before the Planning Commission that there was no Director or Interim Director in place at the time of issuance of the “Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20.” Therefore, as a threshold matter, Section 19.52.100 regarding an appeals timeliness – i.e., requiring an appeal to be filed within 15 days following the final date of an action of the Director - does not apply here. There was no Director or DRC action. The Appeal’s reliance on an inapplicable section is misplaced and must be rejected on its face.
Furthermore, the Appeal’s reliance on “vested rights” is specious. From a review of the record, it appears that ADESA and S&E did not follow the proper procedures for requesting an amendment to the permit in the first instance. (SBMC, Section 19.32.020 “Application for permits, permit modifications, amendments, and other matters pertaining to this Development Code shall be filed with the Department on a City application form, together with all fees, plans, maps, and any other information required by the Department.”].)
Despite the inapplicability of Section 19.52.100, WBCA’s actions substantially complied with a speedy appeal process by informing the City on July 24, 2023, that WBCA was appealing the improper removal of the conditions. This appeal was made just 4 days after the issuance of the letter and amendment by Mr. Rosales purporting to remove the conditions from the subject permit. WBCA’s letter included all of the substantive issues that would be pertinent to an appeal, including the specific action being appealed, the specific grounds of the appeal, and the action sought by WBCA on appeal. The matter proceeded for months with the City’s knowledge and at its direction and was ultimately brought to a hearing before the Planning Commission. Thus, the Appeal’s head-in-the-sand argument seeking to put form over substance is unavailing. WBCA acted with due diligence, as the Planning Commission so recognized.
Also, it should be noted that it was made clear at the Planning Commission hearing on November 12, 2024, that Appellant ADESA continues to violate not only the permit conditions but also other City codes, including parking in the fire lanes. During the Planning Commission hearing, the revocation of ADESA’s permit was raised and discussed by members of the Planning Commission, Mr. Rosales, and the City Attorney. Certainly, a revocation would render moot the abuse of process by ADESA to place itself above the law and to continue as a public nuisance to the detriment of the community and its neighbors. Therefore, we are formally requesting that the revocation of AEDESA’s permit be expedited to preserve valuable public resources that can certainly be put to better use than accommodating a habitual violator who does not wish to abide by the rules.
Respectfully submitted,
The Waterman Business Center Association
By: Seventh Street Development, Inc., its Manager
Craig Furniss
President
cc (via email): Gabriel Elliott, City of San Bernardino Community Development Director Albert Maldonado, City of San Bernardino City Attorney
Mike Rosales, City of San Bernardino Senior Planner
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ATTACHMENT 9 – LOCATION/ZONING MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: AP 24-06
LOCATION MAP
HEARING DATE: March 5, 2025
HEARING DATE: 4/27/2011
NORTH
Project site
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ATTACHMENT D – AERIAL MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: AP 24-06
AERIAL MAP
HEARING DATE: March 5, 2025
HEARING DATE: 4/27/2011
NORTH
PROJECT SITE
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Recorded In Official Records, County ol San Bernardino
RECORDING REQUESTED BY: ~:c:·•!~.--,~ LA~RY WALKER
6/27/2007
8:00 AM
MD
Vf~. • "" · Auditor/Controller - Recorder
' 803 LandAmerica Commonwealth
LandAmerica Commercial Services Doc#: 2007 - 0380257 Titles: 1 Pages:
Fees 206.00
WHEN RECORDED, MAIL TO:
Taxes 0.00
Other 0.00
PAID $206.00
DZIDA, CAREY & STEINMAN (SDH)
3 Park Plaza, Suite 750
Irvine, CA 92614
(Space Above For Recorder's Use)
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERV AT.ION
OF EASEMENTS FOR
WATERMAN BUSINESS CENTER
NOTICE: THIS DOCUMENT REQUIRES THAT OWNERS AND THE ASSOCIATION
RESOLVE ALL DISPUTES WITH THE DECLARANT AND ITS AFFILIATES THROUGH ARBITRATION AND NOT BY A JURY TRIAL.
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DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERVATION
OF EASEMENTS FOR
WATERMAN BUSINESS CENTER
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS; INTERPRETATION ........................................................................ 2
1.1. Definitions ................................................................................................................ 2
1.2. Priorities and Inconsistencies ................................................................................... 7 ARTICLE II OWNER AND ASSOCIATION OBLIGATIONS AND ENTITLEMENTS ........... 7
2.1. Owners' Rights of Enjoyinent ................................................................................. 7
2.2. Common Driveways ................................................................................................ 8
2.3. Party Walls ............. ; ................................................................................................. 9
2.4. Easements for Drainage ........................................................................................... 9
2.5. Waiver of Use .......................................................................................................... 9
2.6. Taxes ...................................................................................................................... 10
2. 7. Hazardous Materials .............................................................................................. 10
2.8. Pollutant Discharge ................................................................................................ 10
2.9. Signage ................................................................................................................... 10
2.10. Outside Storage ...................................................................................................... 10
2.11. Owner's Statement of Use ..................................................................................... 10 ARTICLE III ASSOCIATION ...................................................................................................... 11
3.1. Organization ........................................................................................................... 11
3.2. Membership ........................................................................................................... 11 ARTICLE IV FUNCTIONS OF ASSOCIATION; MAINTENANCE STANDARDS; APPROVAL OF SIGNAGE ................................................................................ 12
4.1. Permitted Functions ............................................................................................... 12
4.2. Powers and Duties .................................................................................................. 12
4.3. Rules and Regulations ..................................................... ; ...................................... 13
4.4. Off site Nuisances ................................................................................................... 14
4.5. Violating Owner Participation ............................................................................... 14
4.6. Board Approval of Signage ................................................................................... 14
4. 7. Maintenance By Owners ........................................................................................ 14 ARTICLE V FUNDS AND ASSESSMENTS .............................................................................. 14
5.1. Obligation .............................................................................................................. 15
5.2. Maintenance Funds ................................................................................................ 15
5.3. Association Property Damage or Neglect; Other Special Assessments ................ 15
5.4. Common Assessments ........................................................................................... 15
5.5. Commencement of Common Assessments ............................................................ 16
5.6. Advanced Assessment Upon Transfer ................................................................... 16 SDH\30447.0001\361227.7 6/7/2007 -1-
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TABLE OF CONTENTS
Page
5.7. Capital Improvement Assessments ........................................................................ 17
5.8. Exempt Property .................................................................................................... 17
5.9. Nonpayment of Assessments ................................................................................. 17
5.10. Mortgage Protection-Liens .................................................................................... 20
ARTICLE VI DESTRUCTION OR CONDEMNATION OF ASSOCIATION
PROPERTY ......................................................................................................... 20
6.1. Damage by Owners ................................................................................................ 20
6.2. Repair of Damages ................................................................................................. 21
6.3. Condemnation of Association Property ................................................................. 21
6.4. Condemnation of a Lot .......................................................................................... 21
6.5. Notice to Owners and Listed Mortgagees .............................................................. 21 ARTICLE VII DECLARANT EXEMPTION ............................................................................... 21 ARTICLE VIII INSURANCE ....................................................................................................... 22
8.1. Casualty Insurance ................................................................................................. 22
8.2. Insurance Obligations of Owners ........................................................................... 23
8.3. Waiver of Subrogation ........................................................................................... 23
8.4. Liability and Other Insurance ................................................................................ 23 ARTICLE IX MISCELLANEOUS ............................................................................................... 24
9.1. Term and Tenn.ination ........................................................................................... 24
9.2. Amendments .......................................................................................................... 24
9.3. Mortgagee Protection-General ............................................................................... 25
9.4. Notices ................................................................................................................... 26
9.5. Enforcement and Non-Waiver ............................................................................... 27
9.6. Interpretation .......................................................................................................... 28
9. 7. Reservation of Easements ...................................................................................... 28
9.8. No Public Right of Dedication ............................................................................... 29
9.9. Disclosures ............................................................................................................. 29
9.10. No Representations or Warranties ......................................................................... 29
9.11. Standard of Care, Nonliability ............................................................................... 29
9.12. Arbitration of Disputes .......................................................................................... 30 .. SDH\30447.0001\361227.7 6/7/2007 -11-
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DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERVATION
OF EASEMENTS
FOR
WATERMAN BUSINESS CENTER
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration', is made by WATERMAN BP, LLC, a California limited liability company ("Declarant',. Except as otherwise specified herein, the capitalized words and phrases used in this Declaration shall have the meanings specified in Article I hereof.
A. Declarant is the owner of certain real property in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as ("Properties'') follows:
Lots l through 12, inclusive, of Tract No. 18083, as shown on a subdivision map on file in Book 32t:/ , Pages 27 to 32-, inclusive, of Maps, in the Office of the San Bernardino County Recorder.
B. A copy of sheet 3 of 6 sheets of the approved Tract Map 18083 for the Properties is attached hereto as Exhibit "A". All of the Properties will be developed as a commercial/industrial complex with certain common objectives designed to preserve the value of and to benefit all the property within the Properties. The common development plan imposes reciprocal burdens and benefits on all of the Properties, such that each portion and the entirety of the Properties are both burdened by the provisions of this Declaration for the benefit of each other portion of the Properties, and benefited by the burdens imposed on each other portion of the Properties.
C. Declarant further declares all of the Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement use and sale of the Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (1) run with the Properties; (2) be binding upon all persons having any right, title or interest in the Properties, or any part thereof, their heirs, successive owners and·assigns; (3) inure to the benefit of every portion of the Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant and their successive owners and each Owner and his or her respective successors-in-interest; and (5) may be enforced by Declarant, any Owner or the Association (subject to any express limitations set forth herein).
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ARTICLE I
DEFINITIONS; INTERPRETATION
1.1. Definitions. Unless otherwise expressly provided, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified.
1.1.1 Approved Plans. Approved Plans means the drawings Approved For Construction dated December 8, 2006 prepared by Ware Malcomb (Sheets AO.I - A8.6) and Plotnik & Associates (grading plan - sheets #1-15, sewer improvement plans - sheets #1-2).
1.1.2 Articles. Articles mean the Articles of Incorporation of the Association on file with the California Secretary of State, as amended from time to time. :;¥-
1.1.3 Assessment. Assessment(s) means Common Assessment(s), Capital improvement Assessment(s), Reconstruction Assessment(s) and/or Special Assessment(s), as applicable.
1.1.4 Association. Association means Waterman Business Center Association, a California nonprofit corporation (formed pursuant to the Nonprofit Mutual Benefit Corporation Law), its successors and assigns. The Association is an "Association" as defined in Section 135l(a) of the California Civil Code. The Association will be formed by Declarant prior to the first Close of Escrow for the sale of a Lot or Condominium Unit in the Properties.
1.1.5 Association Property. The Association shall have easements over the Properties for the use, maintenance, repair and replacement of the "Association Property" described in Exhibit "B" attached hereto. Common Expenses for the Association Property shall be assessed against all Owners in proportion to the percentage shares of "Project Common Expenses" allocated to the Owners on Exhibit "D," as further provided in Article V. Declarant may designate additional Association Property in a Supplemental Declaration. Concurrently herewith, Declarant is recording a Supplemental Declaration covering only Lots 1 and 2 of Tract No. 18083 ("Condo Supplemental Declaration"), which among other things, (a) designates ~dditional Association Property within Lots 1 and 2 as being reserved for the exclusive use of Owners of Condominium Units within such Lots 1 and 2, (b) provides that Common Expenses attributable to Improvements and maintenance responsibilities of the Association under the Condo Supplemental Declaration shall be allocated solely among the Owners of Condominium Units within Lots 1 and 2, and (c) establishes certain additional covenants, conditions, restrictions and easements applicable only to Lots 1 and 2.
1.1.6 Beneficiary. Beneficiary means a Mortgagee under a Mortgage or a beneficiary under a deed of trust, as the case may be, and the assignees of such Mortgagee or beneficiary.
1.1. 7 Board or Board of Directors. Board or Board of Directors means the Association Board of Directors elected in accordance with the Association Bylaws and this Declaration.
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1.1.8 Budget. Budget means a written, itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws.
1.1.9 Bylaws. Bylaws means the Association's Bylaws adopted by the Board of Directors, as amended from time to time. ~
1.1. l O Capital Improvement Assessment. Capital Improvement Assessment means a charge against the Owners and their Lots or Condominium Units (as applicable), representing the Association's costs to install or construct any Improvements on any portion of the Association Property.
1.1.11 City. City means the City of San Bernardino and its various departments, divisions, employees and representatives.
1.1.12 Close of Escrow. Close of Escrow means the date on which a deed or long term ground lease or other such instrument is Recorded by Declarant conveying a Lot or Condominium Unit in the Properties to a third-party purchaser, with the exception of deeds between Declarant and any successor to the rights of Declarant hereunder.
1.1.13 Common Assessment. Common Assessment means the annual or supplemental charge against each Owner and his Lot or Condominium Unit, representing a portion of the ordinary Common Expenses for maintaining, improving, repairing, replacing, managing and operating the Association Property, which charge shall be levied among all Owners and their respective Lots or Condominium Units (as applicable), as provided herein.
Common Assessments shall include all late payment penalties, interest charges, attorneys' fees or other costs incurred by the Association in its efforts to collect all assessments authorized pursuant to this Declaration.
1.1.14 Common Driveways. Common Driveways means those driveway areas within the Properties designated for common use by the Owners of two (2) Lots (which are limited to the Common Driveway Lots described in Section l. l .15 below) and described and/or depicted on Exhibit "C" attached hereto.
1.1.15 Common Driveway Lots. The following pairs of Lots of Tract No. 18083 share a common driveway and are referred to as "Common Driveway Lots:" Lots 4 and 5; Lots 6 and 7; Lots 9 and 10; and Lots 11 and 12.
1.1.16 Common Expenses. Common Expenses means, subject to Article V, the actual and estimated costs of: maintaining, managing, operating, insuring, repairing and replacing the Association Property Improvements, managing and administering the Association and performing the Association's other obligations under this Declaration, unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments, including those costs not paid by the Owner responsible for payment.
1.1.17 Common Fire Water System. Common Fire Water System means the portions of the project fire water system that are not Individual Building Fire Water Systems (as defined below).
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1.1.18 Condominium Unit. Condominium Unit means a separate·interest in space as defined in Section 1351(f) of the California Civil Code and shown on a recorded condominium plan covering Lots 1 and 2 of Tract No. 18083, together with an undivided tenant in common interest in the common area described on such condominium plan.
1.1.19 County. County means the Co_unty of San Bernardino, in the State of California, and its various departments, divisions, employees and representatives.
1.1.20 Declarant. Declarant means Waterman BP, LLC, a California limited liability company, and its successors, and any other Person to which it assigns its rights hereunder by an express written and Recorded assignment. Any such assignment may include only specific rights of the Declarant hereunder and may be subject to such conditions and limitations as Declarant may impose in its sole and absolute discretion. As used in this Section, "successor" means any Person who acquires Declarant or substantially all of its assets, or who merges with Declarant by sale, merger, reverse merger, consolidations, sale of stock or assets, operation of law or otherwise.
1. 1.21 Declaration. Declaration means this Declaration of Covenants, Conditions, Restrictions and Reservation of Easements, as amended from time to time.
1.1.22 Deed of Trust. Deed of Trust means a Mortgage.
1.1.23 Design Committee Rules. Design Committee Rules means the Design Committee design standards, procedures, rules and guidelines which may be adopted by the Board pursuant to this Declaration, as amended from time to time.
1.1.24 Hazardous Materials. Hazardous Materials means any toxic substance, material or waste which is or becomes (i) regulated by any local governmental authority, the State of California or the United States Government; or (ii) defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "Non-RCRA hazardous waste," "RCRA h_azardous waste" or "recyclable material" under any federal, state or local statute or regulation promulgated thereunder.
1.1.25 Improvement. Improvement means all structures, landscaping and appurtenances thereto within the Properties, including but not limited to, as applicable, buildings, fixtures, outbuildings, signs, walkways, irrigation systems, storm drainage systems, streets, driveways, slopes, sidewalks, curbs and gutters, storm drain lines, catch basins, slopes, drains and appurtenances that collect and transport runoff from private property, sewer laterals, street lights, driveway and parking signage and striping improvements, parking areas, fences, trash enclosures, screening walls, retaining walls, stairs, hedges, windbreaks, plantings, planted trees and shrubs, and entry monumentation.
1.1.26 Individual Building Fire Water Systems. Individual Building Fire Water Systems means the portion of the project fire water system that is dedicated to an individual building and is downstream of that building's Pressure Indicator Valve (PIV).
1.1.27 Local Governmental Agency. Local Governmental Agency means the City, the County and any other local or municipal governmental entity or agency including, SDH\30447.0001\361227.7 6n/2007 -4-
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without limitation, any special assessment district, maintenance district or community facilities district.
1.1.28 Lot. Lot means any lot or parcel of land shown upon any Recorded subdivision map or Recorded parcel map of any portion of the Properties (as such lot or parcel may be modified by any Recorded lot line adjustment), together with the Improvements, if any, thereon. For purposes of this Declaration references to "Lot" shall not include any Association Property and shall not include Lots 1 and 2 of Tract No. 18083.
1.1.29 Maintenance Funds. Maintenance Funds means the accounts created for Association receipts and disbursements pursuant to Article V hereof.
1.1.30 Manager. Manager means the Person, firm or agent employed as an independent contractor by the Association to perform functions of the Association, as limited by the Restrictions and the terms of the agreement between the Association and such Person.
1.1.31 Member. Member means every Person holding a Membership in the Association .. Membership means the voting and other rights and privileges of Members as provided in the Restrictions, together with the correlative duties and obligations contained therein.
1.1.32 Membership. Membership means the voting and other rights and privileges of members of the Association, as provided in the Restrictions, together with their correlative duties.
1.1.33 Mortgage. Mortgage means any mortgage or deed of trust or other conveyance of a Lot or Condominium Unit or other portion of the Properties to secure the performance of an obligation, which will be reconveyed upon the completion of such performance. The term "Deed of Trust" or "Trust Deed" is synonymous with the term "Mortgage."
1.1.34 Mortgagee/Mortgagor. Mortgagee means a Person to whom a Mortgage is made and includes the beneficiary of a Deed of Trust. Mortgagor means a Person who mortgages property to another (i.e., the maker of a Mortgage), and includes the Trustor of a Deed of Trust. The term "Trustor" is synonymous with the term "Mortgagor," and the term "Beneficiary" is synonymous with the term "Mortgagee."
1.1.35 Notice and Hearing. Notice and Hearing means written notice and a hearing before the Board, as further provided in the Bylaws.
1.1.36 Owner. Owner means a Person or Persons, including Declarant, holding a fee simple or long-term ground leasehold interest of Record to a Lot or a Condominium Unit.
The term "Owner" includes a seller under an executory contract of sale, but excludes Mortgagees. For purposes of this Declaration, a "long-term ground leasehold interest" means a leasehold interest having a term often (10) or more years.
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1.1.3 7 Owner Representative. Owner Representative means the partners, members officers, directors, employees, agents, patrons, guests, customers, invitees, contractors, lessees, sublessees and licensees of an Owner.
1.1.38 Party Wall. Party Wall means each common_ wall shared by the buildings located on the following pairs of Lots in Tract No. 18083: Lots 3 and 4; Lots 5 and 6; Lots 8 and 9; and Lots 10 and 11.
1.1.39 Person. Person means a natural individual, a corporation, partnership or any other entity with the legal right to hold title to real property.
1.1.40 Properties. Properties is defined in Preamble Paragraph A above. The Properties are classified as a "common interest development" as defined in Section 1351(c) of the California Civil Code.
1.1.41 Reconstruction Assessment. Reconstruction Assessment means a charge against each Owner and such Owner's Lot or Condominium Unit representing a portion of the Association's cost to reconstruct any Improvements on the Association Property resulting from a casualty, pursuant to the provisions of this Declaration.
1.1.42 Record, Filed, Recordation. Record, Filed or Recordation means, with respect to any document, the recordation or filing of such document in the Office of the County Recorder.
1.1.43 Restrictions. Restrictions mean this Declaration, applicable Supplemental Declarations(s), the Articles, the Bylaws, the Rules and Regulations, the Sign Criteria, and restrictions (if any) set forth in a grant deed of a Unit or Lot from Declarant to an Owner.
1.1.44 Rules and Regulations. Rules and Regulations means the rules and regulations adopted by the Board as provided in the Restrictions.
1.1.45 Sign Criteria. Sign Criteria means the Sign Criteria for the Properties adopted by Declarant, as amended by Declarant and/or the Board from time to time.
1.1.46 Special Assessment. Special Assessment means a charge against a particular Owner and such Owner's Lot or Condominium directly attributable to or reimbursable by such Owner as provided in the Restrictions or equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, plus interest and other charges on such Special Assessment as provided for in this Declaration.
1.1.47 Supplemental Declaration. Supplemental Declaration means any declaration of covenants, conditions and restrictions and reservation of easements or similar document supplementing this Declaration which may be Recorded by Declarant from time to time. Declarant (and the Owner of the property subject thereto if other than Declarant) may record a Supplemental Declaration which incorporates this Declaration by reference and which may supplement this Declaration with such additional covenants, conditions, restrictions and SDH\30447.0001\361227.7 6/7n007 -6-
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easements. Supplemental Declarations may modify this Declaration as it applies to the property encumbered by the Supplemental Declaration.
1.2. Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and the Articles of Incorporation, the Bylaws or the other Restrictions, the terms and provisions of this Declaration shall prevail.
ARTICLE II
OWNER AND ASSOCIATION OBLIGATIONS AND ENTITLEMENTS
2.1. Owners' Rights of Enjoyment. Every Owner and its Owner Representative(s) shall have a right to use the Association Property in accordance with the Restrictions, which right shall be appurtenant to and shall pass with title to every Lot and Condominium Unit, subject to the Association's right to exercise exclusive jurisdiction over and control of the Association Property (other than dedicated to and/or maintained by a Local Governmental Authority) and the following provisions:
2.1.1 Additional/Modification of Association Property. The right of Declarant to designate additional Association Property, modify the Association Property and/or designate Association Property within Lots 1 and 2 of Tract No. 18083 as being for the exclusive use of the Owners of Condominium Units on such Lots by recordation of an amendment to this Declaration or a Supplemental Declaration.
2.1.2 Rules and Regulations. The Association's right to establish reasonable Rules and Regulations pertaining to the use of the Association Property and any facilities located thereon.
2.1.3 Association Property Transfers. The Association's rights set forth in Section 4.2.4 of this Declaration and Declarant's rights set forth in Article VII hereof.
2.1.4 Use By Declarant. The right of Declarant (and its employees, sales agents, prospective purchasers, customers and representatives) to enter upon the Association Property, for the benefit of Declarant or any other property owned by Declarant, or any combination thereof, to complete the construction of any landscaping or other Improvement to be installed thereon.
2.1.5 Reconstruction of Improvements. The Association's right (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Association Property, in accordance the original design, finish or standard of construction of such Improvement or of the other Improvements or, if not in accordance with the original design, finish or standard of construction, only with the approval of fifty-one percent (51 %) of the Association voting power with respect to Association Property described in this Declaration.
2.1.6 Maintenance. The Association's right to maintain and repair the Association Property.
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2.1.7 Restricted Areas. The Association's right, acting through the Board, to reasonably restrict access to landscaped areas, drainage facilities, maintenance facilities and similar areas of the Association Property. The Association shall have exclusive control over all of the Association Property.
2.2. Common Driveways. (Note: This Section 2.2 applies only to Lots 4 through 7 and 9 through 12 of Tract No. 18~83.)
2.2.1 Common Driveway Easements. Declarant hereby reserves, for the benefit of each Owner of a Common Driveway Lot and their respective Owner Representatives, nonexclusive reciprocal easements appurtenant to each such Common Driveway Lot, for vehicular and pedestrian access, ingress and egress over the Common Driveway, for the maintenance, repair and replacement of Improvements within the applicable Common Driveway, and for access to and use of the trash dumpster located in the enclosure on the common boundary of each respective Common Driveway Lot.
2.2.2 Common Driveway Use and Maintenance. There shall be no parking within any Common Driveway, and no Owner of a Common Driveway Lot shall interfere with or obstruct or permit its Owner Representatives to interfere with or obstruct the reasonable use of the Common Driveway by the other Owner of such Common Driveway Lot and such other Owner's Owner Representatives. Without limiting the generality of the foregoing, no gates or fences shall be constructed on any Common Driveway. The Owners of Common Driveway Lots shall jointly maintain, repair, replace and reconstruct, or cause to be maintained, repaired, replaced and reconstructed ( collectively, "Common Driveway Maintenance''), the Common Driveway serving such Owner's Lot substantially as originally constructed and improved by Declarant. Except as provided in Section 2.2.3 below, the cost of Common Driveway Maintenance shall be shared equally by the Owners of the Lots served by the applicable Common Driveway. The Owners of Lots served by a Common Driveway shall perform such Common Driveway Maintenance as they mutually agree on or, if they cannot so agree, as may be determined to be necessary by the Board following a petition to the Board by the Owner desiring to have Common Driveway Maintenance performed. If any Owner of a Common Driveway Lot refuses to join in any Common Driveway Maintenance ( after it has been agreed to in writing by such Owner or after the Board has approved a petition for such Common Driveway Maintenance) ("Non-Repairing User''), the other Owner of the Lot served by the Common Driveway ("Repairing User'') may undertake the Common Driveway Maintenance. In such event, the Non-Repairing User shall reimburse the Repairing User for its share of the cost of the Common Driveway Maintenance within five (5) business days after the Non-Repairing Users have received a written statement from the Repairing User which describes the Common Driveway Maintenance and the cost of the Common Driveway Maintenance incurred by the Repairing User. Any amount not paid when due shall bear interest at rate equal to the lesser of ten percent (10%) per annum or the maximum nonusurious rate permitted by applicable law.
2.2.3 Repair Required Due to Negligence. Notwithstanding anything to the contrary in Section 2.2.2 above, if any Common Driveway Maintenance is required as a result of the negligent or willful misconduct of an Owner ("Negligent Owner'') or the Owner Representatives of such Owner, the Common Driveway Maintenance shall be the sole responsibility of the Negligent Owner at its sole cost and expense. The Negligent Owner shall SDH\30447.0001\361227.7 6/7/2007 -8-
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. perform any such Common Driveway Maintenance as soon as reasonably possible after the negligence or misconduct. In the event the Negligent Owner fails or refuses to perform the required Common Driveway Maintenance, upon ten (10) days' prior written notice to the Negligent Owner, the Owner of the other Common Driveway Lot served by the Common Driveway may perform the Common Driveway Repair and the Negligent Owner shall reimburse such repairing Owner or the Association, as applicable, for the cost of the Common Driveway Maintenance within five (5) business days after the Negligent Owner has received a written statement describing the Common Driveway Maintenance and the cost incurred therefor. Any amount not paid when due hereunder shall bear interest at the highest non-usurious rate permitted by law.
2.3. Party Walls. (Note: This Section applies only to Lots 3 through 6 and 8 through 11.) No Owner may undertake any modification of a Party Wall without the consent of the Owner of other Lot sharing such Party Wall and the prior approval of the Building and Safety Division of the City. All modifications to a Party Wall shall be made in compliance with all applicable building codes and all other requirements (if any) of the Building and Safety Division of the City. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions apply to Party Walls. The Owners of Lots sharing a Party Wall shall jointly repair and maintain such Party Wall, and the cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of the Lots connected by such Party Wall; provided, however, that each Owner shall be solely responsible for maintaining the surface of any Party Wall within the interior of the building on such Owner's Lot. The Owners of Lots sharing a Party Wall shall perform such Party Wall repair and maintenance as they mutually agree on or, if they cannot so agree, as may be determined to be necessary by the Board following a petition to the Board by the Owner desiring to have Party Wall repair or maintenance performed. If a Party Wall is destroyed or damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it, and the Owner of the other Lot affected thereby shall contribute equally to the cost of restoration thereof. An Owner who by its negligent or willful act causes a Party Wall to be damaged, destroyed or to deteriorate or require repair or replacement shall bear the whole cost of furnishing the necessary repairs or replacement. The right of any Owner to contribution from any other Owner under this Section is appurtenant to the land and passes to such Owner's successors in title.
2.4. Easements for Drainage. Declarant hereby reserves to itself, and to the Association and every Owner and their respective Owner Representatives and successors, nonexclusive easements for drainage of water in accordance with the "established drainage" of the Properties. The term "established drainage" means the water drainage pattern and system shown on the Approved Plans. No Owner may alter the established drainage for the Properties unless it establishes an alternative drainage pattern that is approved in writing by the Board.
2.5. Waiver of Use. No Owner may exempt himself from personal liability for assessments duly levied by the Association, nor release his Lot or Condominium Unit or other property in the Properties from the liens and charges hereof, by waiver of the use and enjoyment of the Association Property or any facilities thereon or by abandonment of his Lot or Condominium Unit or any other property in the Properties.
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2.6. Taxes. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain separate real estate tax assessment of his Lot or Condominium Unit. If, in the Association's opinion, any taxes or assessments constitute a lien on the Association Property, or any part thereof, they may be paid by the Association and each Owner shall be obligated to pay or to reimburse the Association for, as the case may be, the taxes and assessments assessed by the County Assessor or other taxing authority against the Association Property and attributable to his own Lot or Condominium Unit and interest in the Association Property.
2.7. Hazardous Materials. All Hazardous Materials shall be properly used and disposed of within the Properties in compliance with applicable law, including any applicable Storm Water Pollution Prevention Plan and any program established by the Association with respect thereto. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street or any storm drain or storm water conveyance system within the Properties. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State and County requirements as prescribed in their respective containers.
2.8. Pollutant Discharge. The Properties are subject to all Federal, State and local requirements of the National Pollutant Discharge Elimination System ("NPDES'') adopted pursuant to the Federal Clean Water Act including without limitation any Water Quality Management Plan for the Properties ("Water Management Plan'') which identifies certain Best Management Practices ("BMP'') to reduce the discharge of pollutants to storm water facilities, before, during and after construction on the Properties in completed. The Association shall comply with all BMPs applicable to the Association Property and perform all maintenance imposed the Water ·Management Plan with respect to the Association Property and all other governmental requirements, as amended. The costs of such maintenance, if any, shall be treated as Common Expenses. Each Owner of a Lot, at its sole cost and expense, shall comply with all BMPs applicable to such Owner's Lot and shall perform all maintenance of such Owner's Lot and Improvements thereon required under the Water Quality Management Plan and all other applicable governmental requirements applicable to such Owner's Lot, as amended from time to time.
2.9. Signage. All signs, banners, and advertising media in the Properties which are or will be externally visible shall comply with the Sign Criteria, all City ordinances, codes and statutes and shall be subject to the approval of the Board pursuant to Section 4.6 below.
2.10. Outside Storage. Outside storage shall be permitted on any Lot provided that such outside storage (a) complies with all applicable ordinances and requirements of the City, and (b) is contained within private yard areas.
2.11. Owner's Statement of Use. Each Owner will prepare and submit to the San Bernardino City Fire Department an "Owner's Statement of Use" on the Fire Department's current standard form prior to the sale or leasing of such Owner's Lot or Condominium Unit.
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ARTICLE III
ASSOCIATION
3 .1. Organization. The Association is organized as a California corporation under the Nonprofit Mutual Benefit Corporation Law. The Association is charged with the duties and vested with the powers prescribed by law, subject to the limitations and provisions of the Articles, Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed so as to be inconsistent with this Declaration. If there is any ambiguity in any provision of the Articles or Bylaws, then such provision shall be construed, to the extent possible, so as to be consistent with the provisions of this Declaration.
3.2. Membership. Members of the Association are (i) Declarant, for so long as Declarant is entitled to cast a Class C vote pursuant to this Section, (ii) each Owner (including Declarant) of one (1) or more Lots or Condominium Units in the Properties. Membership in the Association is subject to the Restrictions. Except for the Class C Membership, all Memberships in the Association held by Owners are appurtenant to the Lot or Condominium Unit owned by each Owner, and ownership of a Lot or Condominium Unit is the sole qualification for Membership in the Association.
3.2.1 Classes of Membership. The Association shall have three (3) classes of voting Membership as follows:
(i) Class A. The Class A Members are all Owners of Lots, except Declarant. Each Class A Member is assigned one (1) vote for each one percent (1 %) (rounded up to the nearest one percent (1%)) of the share of Project Common Expenses allocated to each such Owner's Lot as set forth in Exhibit "D" hereto.
(ii) Class B. The Class B Members are all Owners of Condominium Units, except Declarant. Each Class B Member is assigned one ( 1) vote for each one percent (1 %) (rounded up to the nearest one percent (1 %)) of the share of Project Common Expenses allocated to each such Owner's Condominium as set forth in Exhibit "D"hereto. (iii) Class C. The Class C Member is Declarant for so long as Declarant owns any Lot or Condominium Unit in the Properties. The Class C Member is assigned three (3) votes for each vote allocated to the Class A Members and Class B Members in the aggregate regardless of how many Lots or Condominium Units Declarant owns.
The Board is comprised of three (3) directors, one elected by the Class A Members, one elected by the Class B Members, and one elected by the entire voting power of the Association. Notwithstanding anything to the contrary in the foregoing or in the Bylaws, Declarant shall have the right to appoint (a) the Class A director for so long as Declarant owns any Lot, and (b) the Class B director for so long as Declarant owns any Condominium Unit.
3.2.2 Transfer of Membership. An Owner's Association Membership shall not be assigned, transferred, pledged or alienated in any way, except upon the transfer of title to the Owner's appurtenant Lot or Condominium Unit, and then only to the purchaser or Mortgagee of such Lot or Condominium Unit. Any attempt to make a prohibited Membership transfer is SDH\30447.0001\361227.7 6/7/2007 -11-
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void and will not be reflected on the books of the Association. Notwithstanding the foregoing, a Member who has sold his Lot or Condominium Unit to a contract purchaser under an installment land sale contract may delegate his membership rights to the contract purchaser. Such delegation shall be in writing and must be delivered to the Board before such contract purchaser may exercise Membership privileges. However, the contract seller remains liable for all charges and assessments attributable to his Lot or Condominium Unit until fee title to the Lot or Condominium Unit is transferred. If the Owner of any Lot or Condominium Unit fails or refuses to transfer the Membership (registered in his name) to the purchaser of such Owner's Lot or Condominium Unit upon transfer of fee title thereto, the Board of Directors may record the transfer on the Association's books. The Association may levy a reasonable transfer fee against new Owners and their Lots or Condominium Units (which fee shall be added to the Common Assessments chargeable to such new Owners) to reimburse the Association for the administrative costs of transferring the Memberships to the new Owners on the Association's records.
3.2.3 Suspension of Membership Rights. The Board may suspend the Membership rights of any Member, including the right to vote at any meeting of the Members, for any period during which any Common Assessment, Capital Improvement Assessment or Reconstruction Assessment against such Member and the Lot or Condominium Unit owned by such Member is delinquent. Any such suspension for nonpayment of any assessment shall not constitute a waiver or discharge of the Member's obligation to pay the assessments provided for herein.
ARTICLE IV
FUNCTIONS OF ASSOCIATION; MAINTENANCE STANDARDS;
APPROVAL OF SIGN AGE
4.1. Permitted Functions. The Association is formed exclusively for those social welfare purposes and activities which are specifically and directly related to (i) equipping, maintaining, operating and utilizing the Association Property, including the Improvements thereon, (ii) collecting assessments to finance the maintenance and utilization of the Association Property, and (iii) administering and enforcing the Restrictions ( collectively, the "Permitted Functions''). Notwithstanding the foregoing, Permitted Functions do not include those activities prohibited by Section 4.4 below. The funds and resources of the Association shall be utilized solely and exclusively for the direct costs of Permitted Functions.
4.2. Powers and Duties. The Association has all of the powers of a California Nonprofit Mutual Benefit Corporation, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Restrictions. Subject to the Restrictions, the Association has the power to perform any and all lawful acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association. Subject to the foregoing provisions, the Association, acting through the Board, has:
4.2.1 Assessments. The power and duty to levy assessments on the Owners and to collect and enforce payment of such assessments in accordance with the provisions of Article V hereof.
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4.2.2 Repair and Maintenance. The power and duty to maintain, replace and repair, as applicable, in a neat and attractive condition, the Association Property. The power and duty, following a written petition from an affected Owner, to determine whether repairs specified in such Owner's petition with respect to a Common Driveway and/or a Party Wall are necessary.
4.2.3 Firewater Fees; Firewater Monitoring Services; Trash Services. The power and duty to (a) to procure and pay water utility fees associated with the Common Fire Water System, (b) to procure and pay for monitoring services associated with the Common Fire Water System, including telephone charges and monitoring system rental fees, and (c) procure and pay for trash dumpster pickup service for the Properties. If at any time the Association determines that any Owner and/or its Owner Representatives is generating a volume of trash that requires an increase in the size of a dumpster and/or an increase in the number of times per month that the dumpster is emptied, then the Association may levy a Special Assessment against such Owner and its Lot or Condominium in an amount equal to the increased costs incurred by the Association for the disproportionate use.
4.2.4 Easements and Rights-of-Way. The power but not the duty to grant and convey to any Person easements, licenses or rights-of-way in, on, over or under the Association Property and fee title to parcels or strips of land which comprise a portion of the Association Property, for purposes consistent with the terms of this Declaration.
4.2.5 Manager. The power and duty to contract with a professional Manager for the Association.
4.2.6 Insurance. The power and duty to obtain and maintain insurance for the Association and Association Property in accordance with Article VIII.
4.2.7 Legal and Accounting Services. The power but not the duty, if deemed appropriate by the Board, to retain and pay for legal (subject to Section 4.2.9 below) and accounting services necessary or proper in operating the Association Property, enforcing the Restrictions, and performing any of the other Association duties or rights.
4.2.8 Audit. The power and duty to permit any Owner, who may be accompanied by an accountant or other consultant, at said Owner's sole expense to audit or inspect the Association's books and records; provided that such audit or inspection is made during normal business hours and without unnecessary interference with the operations of the Manager or the Association.
4.2.9 Litigation. Except as otherwise provided in this Declaration, the power but not the duty to initiate, defend, settle or intervene in mediation, arbitration, judicial or administrative proceedings on behalf of the Association in matters solely pertaining to (i) the application or enforcement of the Restrictions and (ii) damage to the Association Property. Any recovery by the Association with respect to any damage to or defect in the Association Property shall be utilized solely for the purpose of paying for the costs of obtaining the recovery and for correcting such Association Property damage or defect.
4.3. Rules and Regulations. The Board may adopt such Rules and Regulations as it deems proper regarding the Owners' use, occupancy and maintenance of the Properties. To be SDH\30447.0001\361227.7 6n/2007 -13-
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. effective, a copy of the Rules and Regulations, as adopted, amended or repealed, must be posted in a conspicuous place in the Association Property or must be mailed or otherwise delivered to each Owner. When mailed, delivered or posted, the Rules and Regulations shall have the same force and effect as if they were set forth herein; provided, however, that the Rules and Regulations shall be enforceable only to the extent that they are consistent with the Restrictions.
4.4. Offsite Nuisances. The Association shall not use any assessments or expend Association funds or resources to abate any annoyance or nuisance emanating from outside the physical boundaries of Properties.
4.5. Violating Owner Participation. No Owner who is in violation of the Restrictions shall be entitled to participate and/or vote as a Board in any action to be taken by the Association to remedy, penalize or otherwise act in connection with such Owner's violation of the Restrictions.
4.6. Board Approval of Signage. Except for "Approved Signage" (defined below), no flags, banners, balloons or advertising, address and/or identification signs, materials or items (collectively "Signage") shall be maintained on any portion of the Properties that is externally visible. All Signage in the Properties on the Association Property or which can be seen from any portion of the Association Property or any area outside of the Properties shall comply with the Sign Criteria and all Signage requirements and restrictions of the City. The term "Approved Signage" means Signage which the Board has determined in writing in advance to be in conformance with the Signage Criteria. Each Owner shall maintain its Approved Signage in good working order and in a clean and safe condition. The Board shall review proposed Signage solely for conformance with the Sign Criteria. The Board is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or City and/or other governmental requirements and restrictions.
4. 7. Maintenance By Owners. Each Owner of a Lot shall repair and maintain its Lot and the Improvements thereon (including, without limitation, landscaping and Individual Building Fire Water System) or constituting a part thereof in clean, sanitary and attractive condition and in good repair in keeping with the standards of all applicable Local Governmental Authorities (except to the extent such Improvements are part of the Association Property). In addition, each Owner shall keep the parkway landscaping area in the right of way adjacent to such Owner's Lot mowed, weeded and neatly trimmed, as applicable, and clear of all rubbish, trash and debris and perform such other maintenance, repair and replacement as is necessary to keep such parkway area in a neatly landscaped and sightly condition. If any Owner fails to maintain the landscaping on its Lot and/or the parkway landscaping adjacent such Owner's Lot as required under this Section, the City shall have the right, but not the obligation, to enter upon such Lot and/or parkway area, as applicable, to perform such landscaping and charge the Owner therefor.
ARTICLE V
FUNDS AND ASSESSMENTS
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5.1. Obligation. By acceptance of a deed or other conveyance of a Lot or Condominium Unit, whether or not it shall be so expressed in such deed or such other instrument, every Owner is deemed to covenant to pay to the Association (i) annual Common Assessments for Common Expenses, (ii) Capital Improvement Assessments, (iii) Special Assessments, and (iv) Reconstruction Assessments; such assessments to be established and collected as hereinafter provided. All assessments, together with interest, costs, and reasonable attorneys' fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot or Condominium Unit against which such assessment is made. The personal obligation of assessments shall not pass to the successors-in-title to any Owner, unless expressly assumed by them.
5.2. Maintenance Funds. The Board shall Budget, establish and maintain at least the following separate accounts (the "Maintenance Funds") into which shall be deposited all monies paid to the Association, and from which disbursements shall be made, as provided herein, in the Association's performance of its functions under the Restrictions. All amounts deposited into the Maintenance Funds must be used solely for ~he purposes authorized by the Restrictions. Disbursements from the particular Maintenance Funds shall be limited to specific purposes as follows:
5.2. l General Operating Fund. A General Operating Fund for current expenses of the Association. Disbursements from the General Operating Fund shall be made for such purposes as are necessary for the discharge of the Association's responsibilities under the Restrictions, for the common benefit of all Owners. The General Operating Fund shall exclude current expenses attributable to Improvements and maintenance responsibilities of the Association under the Condo Supplemental Declaration ("Condominium Property Expenses'").
Nothing contained herein shall preclude the establishment of additional Maintenance Funds by the Association earmarked for specified purposes authorized by the Restrictions.
5.2.2 Other Funds. Any other M:;tintenance Funds which is required pursuant to any Supplemental Declaration or which the Board of Directors may deem necessary.
5.3. Association Property Damage or Neglect; Other Special Assessments. If any maintenance, repair or replacement of the Association Property is necessitated in the sole judgment of the Board as a result of the willful or negligent act or neglect of an Owner or an Owner Representative of such Owner, such maintenance, repairs or replacements shall be performed at the expense of such Owner, after Notice and Hearing, and a Special Assessment therefore shall be levied against such Owner. The Board may also levy Special Assessments as provided in Section 9.5.6 below.
5.4. Common Assessments. Each annual Common Assessment shall constitute an aggregate of separate assessments for each of the Maintenance Funds, reflecting an itemization of the amounts assessed and attributable to prospective deposits into the General Operating Funds, and any other Maintenance Fund(s) established by the Association. The Common Expenses of the Association (exclusive of Condominium Property Expenses) shall be allocated among all of the Lots and Condominium Units and the Owners thereof based on the percentage of shares of Project Common Expenses set forth in Exhibit "D" attached hereto. Condominium SDH\30447.0001\361227.7 6/7/2007 -15-
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Property Expenses shall be allocated only among the Condominium Units within Lots 1 and 2 of Tract No. 18083 in accordance with the Condo Supplemental Declaration.
5.5. Commencement of Common Assessments.
5.5.1 Commencement Date. Common Assessments shall commence as to all Lots and Condominium Units on the date on which the first Close of Escrow for a Lot or Condominium Unit occurs. Notwithstanding anything to the contrary set forth in this Declaration, no Owner shall be responsible for the payment of any Common Assessments until the first day of the month following the completion of a building on the applicable Lot or the Close of Escrow for such Lot. Notwithstanding the foregoing, each Owner shall be responsible for any Special Assessments from and after the date on which such Owner acquires title to such Lot or Condominium Unit.
5.5.2 Payment Procedure. The Board shall fix the amount of the annual Common Assessment to be levied against each Lot and Condominium Unit at least thirty (30) days in advance of each Common Assessment period. However, unless otherwise established by the Board, the initial annual Common Assessment shall be levied in accordance with the most recent Budget. Written notice of any increase in the amount of the annual Common Assessment or any Capital Improvement or Reconstruction Assessment shall be sent by first class mail to every Owner subject thereto, not less than thirty (30) prior to the increased assessment becoming due. All installments of Common Assessments shall be collected in advance on a regular basis by the Board, at such frequency and on such due dates as the Board determines from time to time in its sole and absolute discretion. Each installment of a Common Assessment may be paid to the Association in one ( 1) check. If any payment of a Common Assessment installment is less than the amount assessed, the payment received by the Association from that Owner shall be credited in order of priority first to the General Operating Fund until that portion of the Common Assessment has been satisfied, then to the Condominium Association Property Operating Fund (if any) applicable to such Condominium Unit Owner until that portion of the Common Assessment has been satisfied, then to any other Maintenance Funds established by the Association.
5.5.3 Excess Funds. Unless otherwise approved by a majority of the voting power of the Association, any excess funds remaining in the Operating Fund, over and above the amounts used for the operation of the Properties, shall be used to reduce the following year's Common Assessment attributable to such Maintenance Funds.
5.6. Advanced Assessment Upon Transfer. Upon the transfer of any Lot or Condominium Unit, the Association will have the right to collect, in advance, up to two (2) months' Common Assessment allocable to the Lot or Condominium Unit being transferred.
Such amounts shall be due and payable at the time of transfer and shall be applied to the Common Assessment installments payable with respect to the applicable Lot or Condominium for the period after the date of the transfer. Each Owner will provide the Association with not less than thirty (30) days' prior written notice of any contemplated transfer of its Lot or Condominium Unit.
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5.7. Capital Improvement Assessments. The Board may levy, in any fiscal year, a Capital Improvement Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement upon the Association Property, including fixtures and personal property related thereto; provided that all proposed Capital Improvement Assessments shall require a majority of votes at a meeting or written ballot of the Owners at which more than fifty percent (50%) of the total voting power of the Association is represented. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing a Capital Improvement necessary to address an imminent threat to property or the safety of persons within the Properties. All Capital Improvement Assessments must be levied against all Lots and Condominium Units in the same manner and in the same proportions as Common Assessments are levied, and they shall be collected in the manner and frequency determined by the Board.
5.8. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments herein: those portions of the Properties dedicated in fee and accepted by a public body, agency or authority; the Association Property, if any, owned in fee by the Association.
5.9. Nonpayment of Assessments.
5.9.1 Delinquency. Assessments are delinquent if not paid within fifteen (15) days after the due date established by the Association. Assessments not paid within thirty (30) days after the due date, plus all reasonable costs of collection (including attorneys' fees) and late charges bear interest at the maximum rate permitted by law commencing thirty (30) days after the due date.until paid. The Association may also require the delinquent Owner to pay a late charge in accordance with California Civil Code Section 1366(e)(2). The Association need not accept any tender of a partial payment of an Assessment and all costs and attorneys' fees attributable thereto. Acceptance of any such tender does not waive the Association's right to demand and receive full payment.
5.9.2 Creation and Release of Lien.
(i) Priority of Lien. All sums assessed in accordance with this Declaration constitute a lien on the respective Lot or Condominium prior and superior to (i) any declaration of homestead Recorded after the Recordation of this Declaration, and (ii) all other liens, except (1) all taxes, bonds, Assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any first Mortgage of Record (meaning any Recorded Mortgage with first priority or seniority over other Mortgages) made in good faith and for value and Recorded before the date on which the "Notice of Delinquent Assessment" (described in this Section) against the respective Lot or Condominium was Recorded. (ii) Prerequisite to Creating Lien. Before the Association may place a lien on an Owner's Lot or Condominium to collect a past due Assessment, the Association must comply with (i) the notification requirements of California Civil Code Section 1367. l(a) and (ii) the procedural requirements of California Civil Code Section 1367.l(c).
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(iii) Notice of Delinquent Assessment. The lien becomes effective on Recordation by the Board or its authorized agent of a Notice of Delinquent Assessment ( "Notice of Delinquent Assessment', securing the payment of any Assessment or installment thereof levied by the Association against any Lot or Condominium Owner, as provided in Section 1367 of the California Civil Code. The Notice of Delinquent Assessment must identify (i) the amount of the Assessment and other authorized charges and interest, including the cost of preparing and Recording the Notice of Delinquent Assessment, (ii) the amount of collection costs incurred, including reasonable attorneys' fees, (iii) a sufficient description of the Lot or Condominium that has been assessed, (iv) the Association's name and address, (v) the name of the Owner of the Lot or Condominium that has been assessed, and (vi) if the lien is to be enforced by nonjudicial foreclosure, the name and address of the trustee authorized by the Association to enforce the lien by sale. The Notice of Delinquent Assessment must be signed by an authorized Association officer or agent and must be mailed in the manner required by Section 2924b of the California Civil Code to the Owner of record of the Lot or Condominium no later than (10) calendar days after Recordation. The lien relates only to the individual Lot or Condominium against which the Assessment was levied and not to the Properties as a whole. (iv) Exceptions. Assessments described in Section 1367(c) of the California Civil Code and Section 2792.26(c) of the California Code of Regulations may not become a lien against an Owner's Unit enforceable by sale of the Unit under Sections 2924, 2924(b) and 2924(c) of the California Civil Code.
(v) Application of Payments. Delinquent Assessments paid by an Owner shall be applied first to Assessments owed and then to interest, late charges and collection costs. If requested by an Owner, the Association shall provide the Owner with a receipt for payment of delinquent Assessments which receipt shall include the date of receipt of payment and the name of the individual receiving receipt. The Association shall provide a mailing address for overnight payment of Assessments.
(vi) Release of Lien. Within twenty-one (21) days following (a) payment of the full amount claimed in the Notice of Delinquent Assessment, or other satisfaction thereof, or (b) discovery by the Board that the lien was recorded in error, the Board shall cause to be Recorded a Notice of Satisfaction and Release of Lien ("Notice of Release', stating the satisfaction and release of the amount claimed. The Board may require the Owner to pay a reasonable charge for preparing and Recording the Notice of Release. Any purchaser or encumbrancer who has acted in good faith and extended value may rely on the Notice of Release as conclusive evidence of the full satisfaction of the sums identified as owed in the Notice of Delinquent Assessment.
5.9.3 Enforcement of Liens. Except as otherwise provided herein and in any applicable provisions of the California Civil Code, the Association may enforce the collection of amounts due under this Declaration as follows:
(i) Judicial or Non-Judicial Foreclosure. If (i) the amount of a delinquent Assessment exceeds eighteen hundred dollars ($1,800.00) ( excluding accelerated Assessments, late charges, fees and costs of collection, attorneys' fees and interest) or (ii) an Assessment is more than twelve (12) months past due, the Association may enforce collection of SDH\30447.0001\361227.7 6/7/2007 -18-
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the amount due by using judicial or nonjudicial foreclosure, provided that the Association must comply first with the requirements of Section 1367.4(c) of the California Civil Code. The foreclosure sale shall be conducted in accordance with the provisions of the California Civil Code applicable to the exercise of powers of sale in Mortgages, or in any manner permitted by law. The Association may sue to foreclose the lien if (a) at least thirty (30) days have elapsed since the date on which the Notice of Delinquent Assessment was Recorded and (b) at least ten (10) days have elapsed since a copy of the Notice of Delinquent Assessment was mailed to the Owner affected thereby. The Association may bid on the Lot or Condominium at foreclosure sale, and acquire and hold, lease, mortgage and convey the same. On completion of the foreclosure sale, the Association or the purchaser at the sale may file suit to secure occupancy of the defaulting Owner's Lot or Condominium, and the defaulting Owner shall be required to pay the reasonable rental value for the Lot or Condominium during any period of continued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner.
Notwithstanding the foregoing, a nonjudicial foreclosure by the Association to collect a debt for delinquent Assessments shall be subject to a right of redemption. The redemption period shall expire ninety (90) days after the foreclosure sale.
(ii) Civil Action in Small Claims Court. If the amount of a delinquent Assessment does not exceed eighteen hundred dollars ($1,800.00) ( excluding accelerated Assessments, late charges, fees and costs of collection, attorneys' fees and interest), the Association may not enforce the collection of the amount due by judicial or nonjudicial foreclosure, but may collect such amount by a civil action in small claims court pursuant to Sections 116.110 et seq. of the California Code of Civil Procedure. The amount of a delinquent Assessment which may be recovered in small claims court may not exceed the jurisdictional limits of the court and shall be the sum of (i) the amount owed as of the date of filing of the complaint in the proceeding and (ii) in the discretion of the court, an additional amount equal to the amount owed for the period from the date the complaint is filed until satisfaction of the judgment, which total amount may include without limitation any reasonable late charges, fees and costs of collection, attorneys' fees and interest.
(iii) Other Legal Remedies. Subject to the limitations set forth in Section 1367.4 of the California Civil Code, the Association may enforce the collection of amounts due under this Declaration in any other manner provided by law. Any suit to recover a money judgment does not affirm the adequacy of money damages. Any recovery resulting from a suit at law or in equity initiated pursuant to this Section may include reasonable attorneys' fees as fixed by the court.
5.9.4 Priority of Assessment Lien. Mortgages Recorded before a Notice of Delinquent Assessment have lien priority over the Notice of Delinquent Assessment. Sale or transfer of any Lot or Condominium does not affect the Assessment lien, except that the sale or transfer of any Lot or Condominium pursuant to judicial or nonjudicial foreclosure of a first Mortgage extinguishes the lien of such Assessments as to payments which became due before such sale or transfer. No sale or transfer relieves such Lot or Condominium from liens for any Assessments thereafter becoming due. No Person who obtains title to a Lot or Condominium pursuant to a judicial or nonjudicial foreclosure of the first Mortgage is liable for the Assessments chargeable to such Lot or Condominium which became due before the acquisition SDH\30447.0001\361227.7 6/7/2007 -19-
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of title to the Lot or Condominium by such Person. Such Assessments are a Common Expense collectible from all Owners including such Person.
5.9.5 Receivers. In addition to the foreclosure and other remedies granted the Association in this Declaration, each Owner, by acceptance of a deed to such Owner's Lot or Condominium, conveys to the Association all of such Owner's right, title and interest in all rents, issues and profits derived from and appurtenant to such Lot or Condominium, subject to the right of the Association to collect and apply such rents, issues and profits to any delinquent Assessments owed by such Owner, reserving to the Owner the right, before any default by the Owner in the payment of Assessments, to collect and retain such rents, issues and profits as they may become due and payable. On any such default the Association may, on the expiration of thirty (30) days following delivery to the Owner of the "Notice of Delinquent Assessment" described in this Declaration, either in person, by agent or by receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness secured by the lien described in this Declaration, (a) enter in or on and take possession of the Lot or Condominium or any part thereof, (b) in the Associat~on's name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and (c) apply the same, less allowable expenses of operation, to any delinquencies of the Owner, and in such order as the Association may determine. The entering upon and taking possession of the Lot or Condominium, the collection of rents, issues and profits and the application thereof, shall not cure or waive any default or notice of default under this Declaration or invalidate any act done pursuant to such notice.
5.10. Mortgage Protection-Liens. Subject to Section 5.9.2(i) above, no lien created under this Article V, nor any breach of this Declaration, nor the enforcement of any provision hereof shall defeat or render invalid the rights of the Beneficiary under any Recorded Deed of Trust upon a Lot or Condominium Unit, made in good faith and for value. After a Beneficiary or other Person obtains title to a Lot or Condominium Unit by judicial foreclosure or by means of the powers set forth in such Deed of Trust, the Lot or Condominium Unit shall remain subject to the Restrictions and the payment of all installments of assessments and other obligations, accruing after the date the Beneficiary or other Person obtains title.
ARTICLE VI
DESTRUCTION OR CONDEMNATION
OF ASSOCIATION PROPERTY
Damage to, destruction or condemnation of all or any portion of the Association Property shall be handled in the following manner:
6.1. Damage by Owners. To the extent permitted by law, each Owner is liable to the Association for any damage to the Association Property not fully reimbursed to the Association by insurance (including any insurance policy deductible amounts) if the damage is sustained because of the negligence, neglect, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by the Owner, and its Owner Representatives or any other Persons deriving their right and easement of use and enjoyment of the Association Property from the Owner, or Owner Representative. However, the Association, acting through the Board, may determine whether any claim will be made upon the insurance maintained by the Association, and after Notice and Hearing the Association may levy a Special Assessment equal to the SDH\30447.0001\361227.7 6/7/2007 -20-
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increase, if any, in insurance premiums directly attributable to the damage caused by the Owner or the Person for whom the Owner may be liable as described above. In the case of joint ownership of a Lot or Condominium Unit, the liability of the Owners is joint and several, except to the extent that the Association has previously contracted in writing with the joint Owners to the contrary. After Notice and Hearing, the cost of correcting the damage, to the extent not reimbursed to the Association by insurance, shall be a Special Assessment.
6.2. Repair of Damages. If Association Property Improvements are damaged by fire or other casualty, any insurance proceeds payable by reason thereof shall be paid to the Association, which thereupon shall contract for the repair or replacement of all the Association Property Improvements so damaged. The Association shall levy a Reconstruction Assessment on Owners to satisfy any deficiency between insurance proceeds and the actual cost of repair or replacement in the same manner and proportion that Common Assessments are levied against and collected from Owners.
6.3. Condemnation of Association Property. If all or any portion of the Association Property, or any interest therein, is taken by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the applicable Maintenance Fund.
6.4. Condemnation of a Lot. If there is a taking of a Lot, the award in condemnation shall be paid to the Owner of the Lot; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Owner's Lot, in order of priority.
6.5. Notice to Owners and Listed Mortgagees. The Board of Directors immediately upon learning of any taking by eminent domain of any Association Property, or any threat thereof, shall promptly notify all Owners whose Lots or Condominium Units are subject to Common Assessments for the maintenance of such Association Property, and all Record holders of first Mortgages on such Owners' Lots or Condominium Units. The Board, immediately upon learning of any damage or destruction affecting a material portion of the Association Property, shall promptly notify all Owners whose Lots or Condominium Units are subject to Common Assessments for the maintenance of such Association Property, and all holders of first Mortgages on Lots or Condominium Units who have filed a written request for such notice.
ARTICLE VII
DECLARANT EXEMPTION
Each Owner of a Lot or Condominium Unit which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring compliance with and enforcement of, the covenants, conditions, restrictions and reservations contained in this Declaration and any amendments thereto. Notwithstanding any other provisions of the Restrictions, until Declarant no longer owns a Lot or Condominium Unit in the Properties, neither the Association nor any of its Members shall do anything to interfere with Declarant's development activities for the Properties (including without limitation those described below), and nothing in this Declaration shall be understood or construed to: (a) prevent Declarant or its contractors or subcontractors, from doing on any Lot or Condominium SDH\30447.0001\361227.7 6/7/2007 -21-
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Unit owned or controlled by Declarant whatever Declarant determines to be necessary or advisable in connection with the completion of such work, including without limitation the alteration of construction plans and designs as Declarant deems advisable in the course of development; or (b) prevent Declarant or its representatives, from erecting, constructing and maintaining on any portion of the Properties owned or controlled by Declarant, or its contractors or subcontractors, such structures as may be reasonably necessary for the conduct of its business of completing such work and disposing of the Lots and Condominium Units by sale, resale, lease or otherwise; or (c) prevent Declarant or its contractors or subcontractors, from conducting on any Lot owned or controlled by Declarant, its business of developing, altering, subdividing, grading and constructing Improvements to and on any portion of the Properties and of disposing thereof by sale, resale, lease or otherwise; or (d) prevent Declarant or its contractors or subcontractors, from maintaining such sign or signs on any portion of the Properties owned or controlled by Declarant as may be necessary in connection with the sale, resale, lease or other marketing of Lots and Condominium Units in the Properties; or (e) prevent Declarant, at any time prior to acquisition of title to a Lot or Condominium Unit by a purchaser from Declarant, to establish on that Lot or Condominium Unit additional licenses, reservations and rights-of-w~y to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Properties.
Without limiting the generality of the foregoing, no approval or consent of the Association or its Members shall be required for any change by Declarant of the Improvements on the Association Property or the Association Property, including without limitation any relocation or modification of driveways or walkways thereon. Prospective purchasers and Declarant may use any and all portions of the Association Property for access to the sales and leasing facilities of Declarant. All or any portion of the rights of Declarant, hereunder and elsewhere in these Restrictions may be assigned by Declarant, to any successor in interest to any portion of Declarant's interest in any portion of the Properties by an express Recorded written assignment which specifies the rights of Declarant so assigned.
ARTICLE VIII
INSURANCE
8.1. Casualty Insurance. The Board shall obtain and maintain fire and casualty insurance with extended coverage for loss or damage to all insurable Improvements which are a part of, or are located on, the Association- Property for the full replacement cost thereof without deduction for depreciation or coinsurance, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other real or personal property it owns against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as 'the owner and beneficiary of such insurance. The policies insuring the Association Property must be written in the name of, and the proceeds thereof must be payable to the Association. Unless the applicable insurance policy provides for a different procedure for the filing of claims, all claims made under such policy must be sent to the insurance carrier or agent, as applicable, by certified mail and be clearly identified as a claim. The Association shall keep a record of all claims made. The Association shall use insurance proceeds to repair or replace the property for which the insurance was carried.
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8.2. Insurance Obligations of Owners. Each Owner of a Lot shall obtain adequate casualty insurance and fire insurance in an amount as near as possible to the replacement cost, without deduction for depreciation or coinsurance, of all of the Improvements owned by such Owner. Each Lot and Condominium Unit Owner shall maintain fire and extended coverage insurance on the personal property and fixtures and other Improvements located within such Lot or Condominium Unit. Each Owner shall carry public liability insurance to cover its individual liability for damage to persons or property occurring upon its Lot or within its Condominium Unit, as applicable, or elsewhere upon the Properties, in any manner arising out of the use of such Owner's Lot or Condominium Unit. Such insurance shall be obtained and maintained with commercially reasonable limits and deductibles. If any loss intended to be covered by insurance carried by the Association shall occur and the proceeds payable thereunder shall be reduced by reason of insurance carried by any Owner, such Owner shall assign the proceeds of such insurance carried by him to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied.
8.3. Waiver of Subrogation. All policies of physical damage insurance the Association maintains must provide, if reasonably possible, for waiver of: (i) any defense based on coinsurance; (ii) any right of setoff, counterclaim, apportionment, proration or contribution due to other insurance not carried by the Association; (iii) any invalidity, other adverse effect or defense due to any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act or omission of any named insured or the respective agents, contractors and employees of any insured; (iv) any rights of the insurer to repair, rebuild or replace, and, if any Improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured; (v) notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Lot or Condominium Unit; (vi) any denial of an Owner's claim because of negligent acts by the Association or other Owners; or (vii) prejudice of the insurance by any acts or omissions of Owners that are not under the Association's control. As to each policy of insurance the Association maintains which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Association Manager and Declarant, and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by such Persons, but only to the extent that insurance proceeds are received in compensation for such loss.
8.4. Liability and Other Insurance. The Association shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, in such limits as it deems desirable with such minimum limits as are set forth in Section 1365.9 of the California Civil Code, insuring against liability for bodily injury, death and property damage arising from the Association's activities or with respect to property the Association maintains or is required to maintain including, if obtainable, a cross-liability endorsement insuring each insured against liability to each other insured. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable. The Board shall review all· insurance policies at least annually and adjust the limits in its discretion. The Board may also obtain such errors and omissions insurance, indemnity bonds, fidelity insurance and other insurance as it deems advisable, insuring the Board, the Association's officers and the Association Manager against any liability for any act or omission in carrying out their SDH\30447.0001\361227.7 6/7/2007 -23-
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obligations hereunder, or resulting from their membership on the Board or on any committee thereof. However, fidelity insurance coverage which names the Association as an obligee must be obtained by or on behalf of the Association for any Person handling Association funds, including, but not limited to, Association officers, directors, employees and agents and Association Manager employees, whether or not such Persons are compensated for their services, in an amount not less than the estimated maximum of funds, in the Association's or Association Manager's custody during the term of such fidelity insurance. The aggregate amount of such bonds may not be less than one-fourth (1/4) of the Common Assessments on all Lots and Condominium Units in the Properties.
ARTICLE IX
MrscELLANEOUS
9.1. Term and Termination. This Declaration continues in full force until an instrument terminating this Declaration satisfying the requirements of an amendment to this Declaration as set forth in Section 9.2 of this Article is Recorded. 9 .2. Amendments.
9.2.1 By Declarant. So long as Declarant owns all or any portion of the Properties, this Declaration may be amended by Recording a written instrument signed by Declarant setting forth such amendment. Such amendment by Declarant shall not require the . approval of the other Owners.
9.2.2 By Owners. The provisions of this Declaration may be amended by Recording an instrument, signed and acknowledged by Declarant (for so long as Declarant owns a Lot or Condominium Unit in the Properties) and two (2) officers of the Association, setting forth the amendment and certifying that such amendment has been approved by Owners representing more than fifty percent (50°/o) of the voting power of the Association and the requisite percentage of holders and insurers of first Mortgages, in the case of those amendments which this Declaration requires to be approved by first Mortgagees. Amendments shall be effective upon Recordation. So long as Declarant owns a Lot or Condominium Unit in the Properties there shall be no amendment to the Restrictions without Declarant's written approval.
9.2.3 Approval of First Mortgagees. Notwithstanding the foregoing, any of the following amendments, to be effective, must be approved by more than fifty percent (50%) of first Mortgagees who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees, based upon the Class A and/or Class B votes allocated to a Lot or Condominium Unit, as applicable, pledged as security for the respective first Mortgage:
• (i) Rights of Lenders. Any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to .
Beneficiaries _of first Mortgages.
(ii) Lien Priority. Any amendment which would necessitate a Mortgagee after it has acquired a Lot or Condominium Unit through foreclosure to pay more SDH\30447.0001\361227.7 6/7/2007 -24-
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than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure.
(iii) Forfeitures and Taxes. Any amendment which would or could result in (a) an encumbrance being cancelled by forfeiture, or (b) an individual Lot or Condominium Unit not being separately assessed for tax purposes. (iv) Insurance and Condemnation. Any amendment relating to the insurance provisions of Article VIII, to the application of insurance proceeds or the disposition of any money received in any taking under condemnation proceedings. (v) Termination and Subdivision. Any amendment which would or could result in termination or abandonment of the Properties or partition or subdivision of a Lot in any manner inconsistent with the provisions of this Declaration; provided that termination of the legal status of the Properties as a common interest development for reasons other than substantial destruction or condemnation of the Properties must be approved by the institutional Record holders of more than fifty percent ( 50%) of the first Mortgages at the time of such amendment.
Any approval by a holder of a first Mortgage required under this Section 9.2.3, or required pursuant to any other provisions of the Restrictions, must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder does not submit a written response to the notice.
9.2.4 Certification. A certificate, signed and sworn to by two (2) officers of the Association that Members representing more than fifty percent (50%) of the voting power of the Association have voted for any amendment adopted as provided in 9.2.2 above, w~en Recorded, shall be conclusive evidence of that fact. The certificate reflecting any termination or amendment which requires the consent of any of the record holders of first Mortgages shall include a certification that the requisite approval of such holders of first Mortgages has been obtained or waived. The certificate reflecting any termination or amendment requiring Declarant's consent shall be signed and acknowledged by Declarant. The Association shall maintain in its files the record of all such votes and Mortgagee consent solicitations and disapprovals for a period of at least four (4) years.
9.3. Mortgagee Protection-General. Notwithstanding any other provision of this Declaration, no amendment or violation of this Declaration will defeat or render invalid the rights of the BenefiGiary under any Deed of Trust made in good faith and for value, and Recorded prior to the Recordation of such amendment ( or a Notice of Delinquent Assessment Recorded pursuant to Section 5.9). After the foreclosure of any such Deed of Trust such Lot or Condominium Unit remains subject to this Declaration, as amended. Notwithstanding any and all provisions of this Declaration to the contrary, in order to induce Lenders to participate in the financing of Lots and Condominium Units within the Properties, the following provisions are added hereto:
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9.3.1 Notice of Default. Each Beneficiary of a first Mortgage encumbering any Lot or Condominium Unit upon filing a written request for notification with the Board, is entitled to written notification from the Association of (i) any condemnation or casualty loss which affects either a material portion of the Properties or the Lot or Condominium Unit securing the respective first Mortgage; (ii) any delinquency of sixty (60) days or more in the performance by the Owner of such Lot or Condominium Unit of any obligation arising pursuant to this Declaration, including without limitation the payment of assessments or charges owed by the Owner of the Lot or Condominium Unit securing the respective first Mortgage, which notice each Owner hereby consents to and authorizes; (iii) a lapse, cancellation, or material modification of any policy of insurance or fidelity bond maintained by the Association; and (iv) any proposed action of the Association which requires consent by a specified percentage of first Mortgagees.
9.3.2 Lien Priority. Each first Mortgagee of a Mortgage encumbering any Lot or Condominium Unit and Recorded prior to a Notice of Delinquent Assessment pursuant to Section 5.9 which obtains title to such Lot or Condominium Unit pursuant to judicial foreclosure or the powers provided in such Mortgage takes title to such Lot or Condominium Unit free and clear of any claims for unpaid assessments or charges against such Lot or Condominium Unit which accrued prior to the time such Mortgagee acquires title to such Lot or Condominium Unit.
9.3.3 Books and Records. All Beneficiaries of first Mortgages on Lots or Condominium Units, upon written request to the Association, may examine current copies of the Association's books, records and financial statements and the Restrictions during normal business hours, and may require the Association to submit an annual financial statement for the preceding fiscal year without expense to the entity requesting the statement within one hundred twenty ( 120) days of the end of the fiscal year.
9.3.4 Mortgagee Notices. All Beneficiaries of first Mortgages who have filed a written request with the Association shall be given (i) written notice prior to the effective date of any proposed, material amendment to this Declaration or the Articles or Bylaws; (ii) written notice of all meetings of the Members and the right to designate in writing a representative who shall be authorized to attend all such meetings; and (iii) immediate written notice as soon as the Board receives notice or otherwise learns of any damage to the Association Property whenever the cost of reconstruction exceeds One Hundred Thousand Dollars ($100,000), and as soon as the Board receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition, with respect to any portion of the Properties.
9.3.5 Association Property Taxes. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Association Property and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property, and first Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association.
9.4. Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been SDH\30447.0001\361227.7 6/7/2007 -26-
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deposited in the United States mail, postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice of such Person if no address has been given to the Association. Such address may be ch_anged from time to time by notice in writing to the Association.
9.5. Enforcement and Non-Waiver.
9.5.1 Right of Enforcement. Subject to Sections 1354 and 1375 of the California Civil Code and Sections 9.5.7, 9.5 .. 8 and 9.12 below, the Association, the successorsin-interest of the Association, any Owner and Declarant (so long as Declarant owns a Lot or Condominium Unit in the Properties), may enforce any of the provisions of the Restrictions against any portion of the Properties which is in noncompliance, and against each Owner, the Association, or any other Person responsible for the noncompliance. Such right shall include proceedings for damages, as well as proceedings to enjoin any violation of the Restrictions. The City shall also have the right, but not the obligation, to enforce any provisions of this Declaration.
9.5.2 Violations are Nuisance. Every act or omission whereby any provision of the Restrictions is violated in whole or in part is declared a nuisance and every remedy allowed by law or equity against a nuisance, either public or private, is applicable against every such violation and may be exercised as provided in Section 9.5.1 above.
9.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any of the Properties is a violation of the Restrictions and subject to all of the enforcement procedures set forth in the Restrictions.
9.5.4 Remedies Cumulative. Each remedy provided by the Restrictions is cumulative and not exclusive. The Association may, without waiving the right to enforce its lien against the Lot or Condominium Unit, bring a suit at law to enforce each assessment obligation.
9.5.5 No Waiver. Failure to enforce any provision of the Restrictions does not waive the right to enforce that provision, or any other provision thereof.
9.5.6 Special Assessment. If any Owner violates the Restrictions, the Board may, after Notice and Hearing and in addition to the other remedies available, impose a reasonable Special Assessment upon such Owner for each violation and may as further provided in the Bylaws. The Board may also adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, it may assess against an Owner for failure of the Owner or such Owner Representatives, to comply with any provision of the Restrictions, other than Article V hereof.
Such fines or penalties may only be assessed by the Board after Notice and Hearing.
9.5.7 Notice of Noncompliance. After notice and hearing, the Board may direct the officers of the Association to Record a notice of noncompliance against a Lot or Condominium Unit owned by any Member of the Association who has violated any provision of this Declaration. The notice shall include a legal description of the Lot or Condominium Unit and shall specify the provision of this Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the SDH\30447.0001\361227.7 6/7/2007 -27-
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noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to Record a notice that the noncompliance has been remedied.
9.5.8 Limitation on Expenditures. The Association may not incur litigation expenses, including without limitation attorneys' fees, or borrow money to fund litigation, where the Association initiates legal proceedings or is joined as a plaintiff in legal proceedings, unless the Association first obtains the approval of more than fifty percent (50%) of the voting power of the Association ( excluding the voting power of any Owner who would be a defendant in such proceedings), and, if applicable, complies with the requirements of Section 1354 of the California Civil Code. Such approval is not necessary if the legal proceedings are initiated (i) to enforce the design control provisions contained in Article IV, (ii) to collect any unpaid assessments levied pursuant to this Declaration, or (iii) as a cross-complaint in litigation to which the Association is already a party. If the Association decides to borrow funds to pay for any litigation or pay for litigation from funds other than operating funds, such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the loan or other funds will be repaid, and a proposed budget for the litigation. The notice must state that the Members have a right to review an accounting for the litigation which will be available at the Association's office. The accounting shall be updated monthly.
9.6. Interpretation.
9.6.1 Restrictions Construed Together. The Restrictions shall be liberally construed to effectuate the fundamental concepts of the Properties as set forth in the Preamble to this Declaration. The Restrictions shall be interpreted so as to be consistent with applicable laws and regulations, including ordinances and regulations of the City, the County and other applicable governmental entities. The Restrictions shall be construed and governed by the laws of the State of California.
9.6.2 Restrictions Severable. Notwithstanding the provisions of Section 9.6.1, each of the provisions of the Restrictions is independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision.
9.6.3 Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter.
9.6.4 Captions. All captions and titles in this Declaration are solely for convenience of reference and do not affect that which is set forth in any of the provisions hereof.
9.6.5 Time Periods. Except as otherwise expressly provided herein, any reference in this Declaration to time for performance of obligations or to elapsed time means consecutive calendar days, months, or years, as applicable.
9. 7. Reservation of Easements. Declarant hereby reserves to itself together with the right to transfer same easements of access, ingress and egress over the Properties for installation SDH\30447.0001\361227.7 6/7/2007 -28-
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and maintenance of utilities and drainage facilities shown on a Subdivision Map or Maps for the Properties and for construction, installation, operation, replacement, repair and maintenance of all utility and service lines, systems and other devices and other Improvements which may be reasonably necessary for the development and marketing of Lots and Condominium Units within the Properties, including, but not limited to, water, sewer, gas, telephone, electrical, television and storm drain and water lines (collectively the "Facilities"). Within the location of the Facilities' easements and rights of way, no Improvement shall be planted or placed which may interfere with the use, maintenance or operation of the Facilities or which may be in violation of any ordinance or law of any applicable governmental authority.
9.8. No Public Right of Dedication. Nothing in this Declaration is a gift or dedication of all or any part of the Properties to the public, or for any public use:
9.9. Disclosures. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or Condominium Unit or other portion of the Properties agrees to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Properties.
9.10. No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the Properties or any portion of the Properties, or any Improvement thereon, its physical conditions, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, except as specifically and expressly set forth in this Declaration.
9.11. Standard of Care, NonliabiHty.
9.11.1 Scope of Powers and Standard of Care.
(i) General Scope of Powers. Rights and powers conferred on the Board or other committees or representatives of the Association by the Restrictions are not duties, obligations or disabilities charged upon those Persons unless the rights and powers are explicitly identified as including duties, obligations or disabilities in the Restrictions or in applicable law. Unless a duty to act is imposed on the Board, or other committees or representatives of the Association by the Restrictions or applicable law, the Board and the committees have the right to decide to act or not act. Any decision to not act is not a waiver of the right to act in the future.
(ii) Business Affairs. This Subsection 9.11.1 (ii) applies to Board member actions in connection with management, personnel, maintenance and operations, insurance, contracts and finances. Each Board member shall perform the duties of a Board member in good faith, in a manner such Board member believes to be in the best interests of the Association and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. When performing his duties, a Board member is entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by:
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(1) One or more officers or employees of the Association whom the Board member believes to be reliable and competent in the matters presented; (2) Counsel, independent accountants or other Persons as to matters which the Board member believes to be within such Person's professional or expert competence; or
(3) A committee of the Board upon which the Board member does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. (4) This Subsection 9.11. l(ii) is intended to be a restatement of the business judgment rule established in applicable law as it applies to the Association. All amendments, modifications, restatements and interpretations of the business judgment rule appl_icable to the Association shall be interpreted to amend, modify, restate or interpret this Subsection 9.11. l(ii).
(iii) Association Governance. This Subsection 9.11.1 (iii) applies to Board actions and committee decisions in connection with interpretation and enforcement of the Restrictions, architectural and landscaping control, regulation of uses within the Properties, rule making and oversight of committees. Actions taken or decisions made in connection with these matters shall be reasonable, fair and nondiscriminatory.
9.11.2 Nonliability.
(i) General Rule. No Person is liable to any other Person (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from such Person's acts or omissions when the acts or omissions are within what the Person reasonably believed to be the scope of the Person's Association duties ("Official Acts''), except to the extent that injuries or damage result from the Person's willful or malicious misconduct. No Person is liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Person's willful or malicious misconduct.
The Association is not liable for damage to property in the Properties unless caused by the negligence of the Association, the Board, the Association's officers, the Manager or the Manager's staff.
(ii) Nonliability of Volunteer Board Members and Officers. A volunteer Board member or volunteer Association officer shall not be personally liable to any Person who suffers injury, including without limitation bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortious act or omission of the volunteer officer or Board member if all of the applicable conditions specified in Section 1365. 7 of the California Civil Code, as modified, amended, or replaced, are met.
9.12. Arbitration of Disputes. Any disputes between all or any of (a) the Association and/or any Owner(s) and (b) the Declarant or any member, director, officer, partner, agent or SDH\30447.0001\361227.7 6/7/2007 -30-
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employee of Declarant ( collectively, "Declarant Parties") arising under this Declaration or relating to the Properties ( excluding disputes solely between Declarant and any other Declarant Party or Parties and disputes regarding payment of assessments) shall be submitted to final and binding arbitration before Judicial Arbitration and Mediation Services, Inc. ( "JAMS', or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Section I et seq. ("Arbitration',. Any party may commence the Arbitration process by filing a written demand for arbitration with the JAMS office located in the County, with a copy to the other party(ies).
The parties will cooperate with the JAMS and with one another in selecting an arbitrator from the JAMS panel of arbitrators, and in scheduling the Arbitration proceedings. The parties will share equally in its costs, unless the arbitrator orders otherwise. The provisions of this Section may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, to be paid by the party(ies) against whom enforcement is ordered. EACH OWNER, BY ACCEPTANCE OF A DEED TO A LOT OR
CONDOMINIUM, AND THE ASSOCIATION, BY ACCEPTANCE OF A DEED TO THE
ASSOCIATION PROPERTY, ACKNOWLEDGES AND AGREES THAT (A) ALL
DISPUTES DESCRIBED ABOVE SHALL BE RESOLVED BY ARBITRATION AND (B)
TO THE EXTENT PERMITTED BYLAW, EACH SUCH OWNER AND THE
ASSOCIATION, AS APPLICABLE, IS GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. [SIGNATURES ON FOLLOWING PAGE}
SDH\30447.0001\361227.7 6/7/2007 -31-
Packet Page. 392
[SIGNATURE PAGE TO
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATION OF EASEMENTS FOR
WATERMAN BUSINESS CENTER]
Declarant has executed this D.eclaration as of the date set forth below.
Dated: CfW1e..-- I 2- , 2007
SDH\30447.0001\361227.7 6/7/2007
WA TERMAN BP, LLC, a California limited
liability company
By: SEVENTH STREET DEVELOPMENT,
LLC, a California limited liability company
Its: Manager
By:
Its:
-32-
Packet Page. 393
ST ATE OF CALIFORNIA )
COUNTY OF I t,S ~ 1_3 ~ ss
On .\ )Y'\, a . \ 1- , 200.J.,. before me, ~....:::e~u...a....Lv:o..::::.:....__'\--+-·-'-M....::::.....:....!.. 1:].-0~ ..... ~f._-_;J Notary Public, personally appeared -----= t!..i'---'~-'-O-\=~--=-+-S-J..L-::=-V-=------0-11-; 3.-.J.,.S.,__ _______ _ personally known to me ~f J'ffl (ea te me on the basis of satisfaetory e•,•teenee~ to be the perso~ whose nam~ islftre.subscribed to the within instrument and acknowledged to me that he~she/they executed the same in hisfher/thcii authorized capacity(ies), and that by hi~,'hctftheir signatur~ on the instrument the personfs'), or the entity upon behalf of which the perso~ acted, executed the instrument.
'
WITNESS my hand and official seal.
ST A TE OF CALIFORNIA
COUNTY OF _____ _
)
) ss
)
(SEAL)
On ________ , 200_, before me, _____________ ___,
Notary Public, personally appeared ____________________ _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature _____________ _
(SEAL)
SDH\30447.0001\361227.7 6/7/2007 -33-
Packet Page. 394
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:
. Name of Notary __ ___.,_( .... M...:...L~(;\-=------'-Y-'-.__..:]);:__r_i_-zo-=--5=------------- Commission Number ____ _.i_7-=.....3o<Q'-=U;.._3=-?L-L? ____________ _ Date Commission Expires. ___ ....aN_O"'----'-\/_,_J-_o ___ , -=J-o __ l_D __________ _ County Where Bond is Filed. ___ ----'--L_o;:;...._;;_s_____;A-vl....:......:.....:.,,B~e::;......,..:fes""""'"----------- Place of Execution of this Declaration Irvine CA 92614 ~=--=-'--""=-=-='-'-------------- Date. ____ ____,,Ji~IAM ............... :t:,...""'---=i_,,&½/.___,,r/:...._~:e::.....co:e::.....c7~--------- LandAmerica
~ Commercial Q_
Services
~~
Packet Page. 395
SUBORDINATION
The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated October 24, 2005, and recorded on October 27, 2005, in the Official Records of San Bernardino County, California, as Instrument No. 2005-0807833, which Deed of Trust is between Waterman BP, LLC, a California limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and JPMorgan Chase Bank, N.A., as Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'') and to all easements to be conveyed to the Association in accordance with the Declaration. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Properties by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions.of the Declaration, which shall remain in full force and effect. •
- Dated: _) "'/' {.. ) '3 , 2007 JPMORGAN CHASE BANK, N.A., a national banking
By:
By:
SDH\30447.000 I \361227.7 6/7/2007 -34-
Packet Page. 396
STATE OF CALIFORNIA
COUNTY OF :tf\o._r ~ct9~
)
) ss
)
On :S, , "L \ ~ , 200 ..J.., before me, ~~~.,_:::~~~~~~~~__, Notary Public, personally appeared _i;;-~OL,J~:'.!:::a~u_k_:~~~1&:c~---.t.l...L..J:..L..-1..;~l...O!..~r:__ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
,
Signature_..:.-.,.c~~~~~~~~-----
STA TE OF CALIFORNIA
COUNTY OF 1¥\0l.ttcdf-
)
) ss
)
OFFICIAL SEAL
KELLY A. JACKOWSKI
NOTARY PUBLIC.-ARIZONA
MARICOPA COUNTY
MY Comm. Expires Oct. 10, 2009
(SEAL)
0~ d ,>ct l?J , 20(Q_, beforeruie,µ~-....C...:...µ~~=LI1¥.:~~·--' N otary Puhl ic, personally appeared .L.~LJ/\l!t)~o-~-~L::....:....-.2.1\.l~: ~~~~.-l~~----1..i:b:~~~l.._ __ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my h d and official seal.
'
OFFICIAL SEAL
KELLY A. JACKOWSKI _ NOTARY PUBLIC -ARIZONA ~ i· ·,.,,, j MARICOPA COUNTY My Comm. Expires Oct. 10, 2009
(SEAL)
SDH\30447.0001\361227.7 6/7/2007 -35-
Packet Page. 397
EXHIBIT "A"
TRACT MAP
SDH\30447.0001\361227.7 6/7/2007
Packet Page. 398
SCALE: 1 "=80' SHEET J OF 6 SHEETS
IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, CALIFORNIA LEGEND
TRACT MAP NO. 18083
FOR OFFICE/CONDOMINIUM PURPOSES, LOTS 1 & 2 ONLY. 14 UNITS PER LOT BEING A SUBDMSION OF LOTS 9 TO JO, INCLUSIVE, or TRACT 6548, IN THE CITY or SAN BERNAROINO, COUNTY or SAN BERNARDINO, ST4T[ OF CALIFORN14, AS PER PLAT RECORDED IN BOOK 84, PAGES 39 AND 40 INCLUSIVE or I.IAPS. IN THE OfFICE or THE COUNTY RECORDER or SAID COUNTY. rtl E(ll911.M)IW(t
~-~&:'Kl!i-,
fl 141•621.
SC~LE: \"=80'
-=::r---'Z; :p.
80UNOARr or fHC
------LJ,.tr,'O 8trNC SU8UMOtO
BY' rH1S MAP \.._ __________ a_lK_:::::,,~------
------ N(W lOT UN(
- - -- -- - tAS!l.l(NT LIN!
-- - - --[X,SllNC t.Ol I.IN(
AO\//
--- --SUt[[T CCNJ[Rc,.tNC
@ UO£l1U FOJNO "'.0/.v,qnT AS NOTiO
0 SCI J;t' (1,0,J MON PiK., TAGGID "ICl "60♦"
D sna-·o.o,Jt.P.1,fAGSTN'IP£011:CE n&otON.o.n·
{ , IU<O~ DAU. fta TIUiCT I«) 6W "-'I 800( &4 PAGH 19-IO MONUMENT t-lOTE:
VICINITY MAP
N.f S
J;•· {10 J ~ 'l'l, RC( lt60t, TO IE Sn' f\l/SMAl AU. F(()t."f AA"O RW LOT COMDS AHO N«:U: POINTS. Pl nu:cvoo TkAT A J/ "(11) I tllOt~ ~ CAV.OT&t SlT. A l£A0 l>t0 TAG, .a "604 SI-WJ. IE $ET
TOTM. ~ WITHIN TlilS MAP ■ 513,338 SJ!.
EASEMENTS
0 NI (AS(rJ(kl IN rAYOR Of lH[ Pu8t.lC ovtR NtJ [J:!Sfl'.IC ~DS Lr.NC WITMIN SM) UNO. 8l,AKI((( IN Nl,.TUR[.
© II n. S[W(R: U.S[U[NI tO ltt( Cll'V or SAN
etRKMOINO. SH OCT~lS ~ ~t1£tl ,.
@ PRl'."At( 2, n RCCIPROCAI. ACC(SS (Jr.S(U(P(I roR TK[ scm:rn or lOTS I .lNO l SH O(TM.5 011 SH[tt 4
@ E>.SC"[r<I Of SOUlHCRN CJ.l~ORN~ CDISO.S CO.,,,ANT fOR POL! UN! Al<O/OQ CCN()UIT R(C 1/16/196l IN 8K. ~J~. PC 867, 0.R. (!) (AS(U(NI 01 (tf( cm Of w, 8(Rn.lR01t10 rQSf SAN1TAR'( 5[W(R PURPOSCS P(R 1R.t.CT Pl() ~a. we. 8'/39-CO,
@ Ct.SMHl TO Th{ CITY OT $.\>. 8[il;.lQl)l.'vO (OR WAl(R UN[ PtmPOS!~ C(OICA1CO H[A(O."I. SC[ 0£lAll ON Sl-t((T 6
BASIS OF B[ARINGS
(S[.AJtNCS «. 8'.SlO CJI TNt C(lfl[R\JJ,( rl WAl(ftl.WI A',{NV( 8(1cG ff()RfH OCJ~"t()' W1' PU Tlt,lrCT Ml l)ll. U 8 ... /Jt•40.
UN(
ll
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ce
C9
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LIS
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L(!iCTH B(AIIINC
5 JO 509·47'1{J'W
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20 JO Nao-06 '2~ •w
369 sso·06·2~·c
20J S80'26'25"(
10 20 sao·06 ·2s ·c
0.96 seo•06'25tc
11.16 sso·o5·2~·c
3000 SO\l'~l.J5'W
4.)90 sao·oa·2s·c
JOOO N'09~J'35'(
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77 7'' HOO"OO't!)C
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on.'" suo1us 1.tNGtH
a.a.·4~f75· 2000 34.ec·
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50'06'40' 2000 7 i:t6·
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roq:wiw.,a ,u~ &CUPflD ~ t!V.1(1( CJ J/c' A)I Pft
ll)IJG_P[tlU 11/Jl
WATERMAN
l6llt
l41J1l
AVENUE
MB. Yl2
FOR BOUN04RY ESTABLISHMENT OETAll, SE[ SHEET 2
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Packet Page. 399
EXHIBIT "B"
ASSOCIATION PROPERTY
The gravel infiltration trench, appurtenant catch basins and filter(s) servicing Lots 2 through 12 of Tract No. 18083 and the catch basins, storm drain pipes and filters on Lots 1 and 2 of Tract No. 18083.
The Common Fire Water System.
SDH\30447.0001\361227.7 6/7/2007
Packet Page. 400
EXHIBIT "C"
DRAWINGS SHOWING COMMON DRIVEWAYS
SDH\30447.0001\361227.7 6/7/2007
Packet Page. 401
\.,'" SIEEI E BQAD
. I
'
I I
-1111 I 11 I n I I I I I I I 8 I I I I I I I I I I I I • •- ~ j ., 11111111 lllllllllU 11111111 1111 II 11- ~ / , , 11·11·11111 1111·n-1 111111 n 11111111 11111·0·11 r •• ..u I , ,_ -N i~
I, ~ I I lg
hi -rtll • - - L :"i ..... . . - I ~ ~ ----J:I'-.~- m LEGEND j I I I
J - I ~ COMMON DRIVEWAYS
I ~ \ I UJ.I I I 11 I 11 11 1.U.1 11 1111 I 11 I 111 I I U I 11.H.I ''----ll"ll .. ./q ~~ /~~~;f;'l_]_lfl~;}ll.:tl_~~O~ ~16_11E_ll::;;;ll;f_Qlfl_~ll&;·ls ~\~ 11;;;0;;11~11:;;;l;;;;l;;;;I ;;:;0;;;; II= 11= 11=1= lr7~~~L::j ~--
-------------=======---- ----------- ~ )"-----, ... '--- WATERMAN AV .... ENIJ.Jl'-£,IJE ___ _
- - -
Plot-nil< 18710 S. Wilmington Ave., Suite 203 - EXHIBIT "C" -g- - Associates
Rancho Dominguez, California 90220
Tel: (310) 605-6657
Fax: (310) 605-6658
www.plotnik.com
DRAWING SHOWING COMMON DRIVEWAYS
SCALE: 1 "= 150' DATE: 4/27 /07
• CIVIL ENGINEERING • LAND SURVEYING
BY: ' JEK JOB NO.: 278.00
Packet Page. 402
• EXHIBIT "D"
PERCENTAGE SHARE OF COMMON EXPENSES
Percentage Share of.
Lot Common Expenses
3 8.51%
4 6.71%
5 5.77%
6 5.00%
7 5.01%
8 7.17%
9 6.85%
10 ,5.74%
11 5.88%
12 7.98%
SDH\30447.000l\361227.7 6/7fl.007
Condo Unit
A-1
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
A-10
A-12
A-13
A-14
B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
B-10
B-11
B-12
B-13
B-14
Total for Lots
and Condos:
Percentage Share of
Common Expenses
2.20%
1.08%
1.10%
1.10%
1.08%
1.08%
1.09%
1.09%
1.08%
1.08%
1.10%
1.08%
1.89%
2.36%
1.11 %
1.13%
1.13%
1.11 %
1.11 %
1.12%
1.12%
1.11 %
1.11%
1.13%
1.13%
1.11 %
2.45%
100.00%
Packet Page. 403
E>CH ,a,r '
1 e: II
ARTICLES OF INCORPORATION
OF
WATERMAN BUSINESS CENTER ASSOCIATION
ONE: The name of this corporation ("Corporation" herein) is WA TERMAN BUSINESS CENTER ASSOCIATION.
TWO:
A. This Corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such law.
B. The specific purpose of this Corporation is to operate an owners association to manage a common interest development under the Davis-Stirling Common Interest Development Act.
THREE: The name and address in the state of California of this Corporation's initial agent for service of process is: Craig Furniss, 3780 Kilroy Airport Way, Suite 125, Long Beach, CA 90806.
FOUR: Notwithstanding any of the above statements of purposes and powers, the Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this Corporation.
FIVE: This Corporation is an association formed manage a common interest development under the Davis-Stirling Common Interest Development Act.
SIX: This Corporation does not have a business office. The nine-digit zip code of the common interest development is 92408-0000. The front street and the nearest cross street to the common interest development are Industrial Road and Waterman A venue.
SEVEN: The name and address of the association's managing agent is Mar West Real Estate, 202 Fashion Ln., Suite 221, Tustin, CA 92780.
SDH\30447.0001\359624.I 6/7/2007 1
Packet Page. 404
The undersigned, who is the incorporator of the Corporation, has executed these Articles of Incorporation on :[yV)e, 12- , 2007.
SDH\30447.0001\359624.J 6/7/2007
P~N~e: __ Q_~-~-\-~~~f-~_r_~_1&~5~_
"Incorporator"
2 Packet Page. 405
BYLAWS
OF
WA TERMAN BUSINESS CENTER ASSOCIATION
Packet Page. 406
DESCRIPTION
TABLE OF CONTENTS
FOR BYLAWS
OF
WATERMAN BUSINESS CENTER ASSOCIATION
PAGE
ARTICLE I PLAN OF OWNERSHIP ...................... 7 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1
1.1. Definitions and Interpretation .................................................................................. 1
1.2. Name ........................................................................................................................ l
1.3. Application .................................. ............................................................................. 1 ARTICLE II BOARD OF DIRECTORS ......................................................................................... I
2.1. Number .................................................................................................................... !
2.2. Qualifications for Holding Office ............................................................................ 1
2.3. Election .................................................................................................................... 3
2.4. Term of Office ......................................................................................................... 3
2.5. Vacancies ................................................................................................................. 3
2.6. Removal of Directors ............................................................................................... 3
2. 7. Compensation .......................................................................................................... 4
2.8. Powers and Duties .................................................................................................... 4
2.9. Special Powers and Duties ....................................................................................... 4
2.10. Distribution of Information ...................................................................................... 5
2.11. Meetings ................................................................................................................... 6
2.12. Action Without Meeting ........................................................................................... 8
2.13. Quorum and Adjournment ....................................................................................... 8
2.14. Committees .............................................................................................................. 8 ARTICLE III OFFICERS ................................................................................................................ 8 3 .1. Designation .............................................................................................................. 8 3 .2. Election of Officers .................................................................................................. 8
3.3. Removal of Officers ................................................................................................. 8 3 .4. Compensation .......................................................................................................... 8
3. 5. . President ................................................................................................................... 9 3 .6. Vice President .......................................................................................................... 9
3. 7. Secretary ..................................... ............................................................................. 9 3 .8. Treasurer .................................................................................................................. 9 ARTICLE IV OWNERS ................................................................................................................ 10
4.1. Voting Rights ......................................................................................................... 10
4.2. Majority of Quorum ............................................................................................... 10
4.3. Quorum .................................................................................................................. 10
4.4. Proxies .................................................................................................................... 10
4.5. Place of Meetings of Owners ................................................................................. 10 SDH\30447.0001\361335.2 6nl2007 -1-
Packet Page. 407
DESCRIPTION PAGE
4.6. Annual Meetings of Owners .................................................................................. 10
4. 7. Special Meetings of Owners .................................................................................. 11
4.8. Notice ..................................................................................................................... 11
4.9. RecordDateS ................................................................... : ...................................... 11
4.10. Adjourned Meetings ............................................................................................... 11
4.11. Order ofBusiness ................................................................................................... 12
4.12. Action Without Meeting .................. ." ..................................................................... 12 4 .13. Consent of Absentees ............................................................................................. 12
4.14. Minutes, Presumption of Notice ............................................................................ 12
4.15. Inspector of Election .............................................................................................. 13 ARTICLE V AMENDMENTS ...................................................................................................... 13 ARTICLE VI MISCELLANEOUS ............................................................................................... 13
6. l . Checks, Drafts and Documents .............................................................................. 13
6.2. Conflicts ................................................................................................................. 14
6.3. Execution ofDocuments ........................................................................................ 14
6.4. Availability of Association Documents ................................................................. 14
6.5. FiscalYear ............................................................................................................. 15 ARTICLE VII NOTICE AND HEARING PROCEDURE .......................................................... .15
7. l . Initial Complaint .................................................................................................... 15 7 .2. Scheduling Hearings ............................................................................................... 15 7 .3. Conduct of Hearing ................................................................................................ 15
7.4. Imposition of Sanctions ......................................................................................... 15
7.5. Limits on Remedies ............................................................................................... 16 SDH\30447.0001\361335.2 617/2007 -11-'
Packet Page. 408
BYLAWS
OF
WATERMAN BUSINESS CENTER ASSOCIATION
ARTICLE I
PLAN OF OWNERSHIP
1.1. Definitions and Interpretation. Unless otherwise provided in these Bylaws, the capitalized terms used in these Bylaws have the same meanings as in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'J· These Bylaws shall be interpreted in accordance with Section 1.2 of the Declaration.
1.2. Name. The name of the corporation is Waterman Business Center Association.
The principal office of the Association shall be located in such location as is designated by the Board.
1.3. Application. These Bylaws apply to the commercial project known as Waterman Business Center, located in the County of San Bernardino ("County'J· All Persons who use the facilities of the Properties in any manner are subject to the regulations in these Bylaws and in the Declaration, Recorded in the Official Records of the County against the Properties. Use of any Lot or Condominium in the Properties signifies acceptance and ratification of these Bylaws.
ARTICLE II
BOARD OF DIRECTORS
2.1. Number; Election by Class. The property, business and affairs of the Association shall be governed and managed by a Board of Directors initially composed of three (3) persons, each of whom must be either an Owner or an agent of Declarant until Declarant no longer owns a Lot or Condominium in the Properties. One Director shall be elected by the Class A Members, one Director shall be elected by the Class B Members, and one Director shall be elected by the entire voting power of the Association. The authorized number of Directors may be increased to five (5) upon the Board's adopting a resolution so increasing the authorized number of Directors. If the authorized number of Directors is increased to five (5), then two Directors shall be elected by the Class A Members, two Directors shall be elected by the Class B Members, and one Director shall be elected by the entire voting power of the Association. Any other change in the authorized number of Directors shall require a duly adopted amendment to these Bylaws. Notwithstanding anything to the contrary in the foregoing or in the Declaration, Declarant shall have the right to appoint (a) the Class A director(s) for so long as Declarant owns any Lot, and (b) the Class B director(s) for so long as Declarant owns any Condominium Unit.
2.2. Qualifications for Holding Office. Each Director, except for those initially appointed by Declarant to serve as interim Directors until the first annual meeting, must either be SDH\30447.0001\361335.2 6/7(2007 -1-
Packet Page. 409
an Owner who meets the qualifications in this Section 2.2 or, as long as Declarant owns any portion of the Properties, an agent of Declarant.
2.2. l Candidacy Requirements for Owners. Owners who meet the following criteria are qualified to be elected to the Board of Directors: • (a) The Owner must be in compliance with the Restrictions for the three (3) months immediately preceding the date of the election at which the Owner is being considered for election to the Board of Directors or during such Owner's period of ownership if the Owner acquired its Lot or Condominium Unit within such three (3) month period. To be in compliance, the Owner must correct, within five (5) days after receipt of notice by the Association, any violation of the Restrictions for which the Owner has been determined to be responsible pursuant to applicable due process requirements; and (b) The Owner must be current in the payment of all Assessments for the three (3) months immediately preceding the date of the election at which the Owner is being considered for election to the Board of Directors or during such Owner's period_ of ownership if the Owner acquired its Lot or Condominium Unit within such three (3) month period.
2.2.2 Incumbent Requirements. To remain qualified to serve on the Board of Directors, an Owner who has been elected to the Board of Directors must:
(a) Not be absent from more than three (3) consecutive regularly scheduled meetings of the Board; •
(b) Attend at least seventy-five percent (75%) of the Board meetings held during the year and attend the entire meeting each time; (c) Comply with every duly approved action of the Board; (d) Comply with the Restrictions and correct, within five (5) days after receipt of notice by the Association, any violation of the Restrictions for which that Director has been determined to be responsible pursuant to applicable due process requirements; (e) Not be more than three (3) months in arrears in the payment of any Assessment;
(f) Exhibit respect, professionalism and courteous behavior to Owners, committee members, vendors, the Manager and its staff, and any other Persons associated with or retained by the Association;
(g) Refuse any type of gain, such as money, services, products, gifts or gratuities of a significant value, as determined by a majority vote of the Directors who meet all of the required qualifications to serve as such, which gain is offered in relation to the Owner's service as a Director. In addition, the Owner must disclose such offers at an open meeting of the Board. Compensation for services duly approved by the Board and unrelated to duties as a Director or Officer of the Association, and reimbursement of expenses associated with services to the Association, do not constitute prohibited gain within the meaning of this subsection; and SDH\30447.0001\361335.2 6nf2.007 -2-
Packet Page. 410
(h) Not act in a manner determined by a majority vote of the Directors to be grossly detrimental to the general safety, health or welfare of the Association and its members.
2.3. Election.
2.3.1 General Procedure. At the first annual meeting of the Owners, and at each annual meeting thereafter, the Owners shall elect new Directors to fill vacancies on the Board. If an annual meeting is not held, or all positions on the Board are not filled at the annual meeting, Board members may be elected at a special meeting of the Owners.
2.3.2 Voting. Voting shall be by secret written ballot. After Declarant ceases to appoint Directors, an Owner may cumulate his votes for any candidate for the Board in any election in which more than two (2) Directors are to be elected if (a) the candidate's name has been placed in nomination before the voting, and (b) an Owner has given notice at the meeting before the voting of such Owner's intent to cumulate votes. If an Owner cumulates his votes, such Owner may cast a number of votes equal to the Owner's share of the voting power multiplied by the number of Directors to be elected.
2.4. Term of Office. Each Director shall hold office until the earlier to occur of (a) the end of the Director's term of office after a successor has been elected, or (b) his death, resignation, removal or judicial adjudication of mental incompetence. At the first annual meeting, the term of office of each Director elected two (2) years; provided that until Declarant no longer owns a Unit in the Properties Declarant shall be entitled to appoint all Directors. The term of office of each Director elected to fill a vacancy created by expiration of a Director's term of office shall be two (2) years. The term of office of each Director elected or appointed to the Board for any other reason shall be the balance of the unserved term. Any person serving as a Director may be reelected. There is no limit on the number of terms which a Director may serve.
2.5. Vacancies. A vacancy on the Board is deemed to exist in case of death, resignation, removal or judicial adjudication of mental incompetence of any Dir:ector or if the Owners fail to elect the full number of authorized Directors at any meeting at which a Directors election is to take place. Vacancies on the Board caused by any reason other than the removal of a Director may be filled by either (a) vote of a majority of the remaining Directors, even though they may constitute less than a quorum, or (b) by vote of the Owners at a meeting; provided that until Declarant no longer owns a Unit in the Properties all vacancies shall be filled by Declarant.
Any vacancy caused by the removal of a Director must be filled by a vote of the Owners. A Director may resign at any time by giving notice to the President, the Secretary or the Board.
Any Director who ceases to be an Owner or an agent of Declarant is deemed to have resigned from the Board.
2.6. Removal of Directors. After Declarant no longer owns a Unit in the Properties, at any meeting of the Owners, any individual Director or the entire Board may be removed before the expiration of their terms of office with or without cause by the vote of Owners representing a majority of the Association's voting power (including votes attributable to Declarant). However, if the entire Board is not removed as a group pursuant to a single vote, no individual Director may be removed if the number of votes cast against removal would be SDH\30447.0001\361335.2 6/7/2007 -3-
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sufficient to elect such Director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of Directors authorized at the time of the Director's most recent election were then being elected. Any Director whose removal has been proposed by the Owners must be given an opportunity to be heard at the meeting. If any Directors are removed, new Directors may be elected at the same meeting. However, any Director elected to office solely by the votes of Owners other than Declarant may be removed only by the vote of at least a simple majority of the Association's voting power represented by Owners other than Declarant. Any Director elected or appointed to office solely by Declarant may only be removed by Declarant.
2.7. Compensation. Directors may not receive any compensation for their services as Directors unless such compensation is first approved by Owners representing at least a majority of the Association's voting power. However, (a) nothing in these Bylaws precludes any Director from serving the Association in some other capacity and receiving compensation therefor, and (b) any Director may be reimbursed for actual expenses incurred in performance of Association duties, and (c) no officer, employee or director of Declarant or any affiliate ofDeclarant may receive any compensation for service as a Director of the Association.
2.8. Powers and Duties. The Board has the powers and duties necessary to administer the Association's affairs. All the Association's powers shall be exercised by the Board except those powers specifically reserved to the Owners.
2.9. Special Powers and Duties. Without limiting the scope of the Board's general powers and duties, the Board is granted the following powers and duties:
2.9.1 Officers, Agents and Employees. The power and duty to select, appoint and remove all Association officers, agents and employees, to prescribe such powers and duties for them as may be consistent with law and with the Restrictions, to fix their compensation, to require from them such security for faithful service as the Board considers advisable, and to contract to provide them with such indemnification as the Board determines is appropriate.
2.9.2 Contracts.
(a) The power to enter into contracts. This includes contracts (a) for maintenance, landscaping, and common utilities services, (b) materials, supplies and other Common Expenses relating to the Lots or Condominiums, (c) employing personnel necessary to manage the Properties, including legal and accounting services, and ( d) paying for Improvements on the Association Property.
(b) The power to enforce the Restrictions and any agreements entered into by the Association and to impose sanctions against Owners for violating the Restrictions.
2.9.3 Principal Office, Place of Meetings, Seal. The power, but not the duty, to move the Association's principal office to any location selected by the Board; to designate any place in the County for holding any meetings of Owners consistent with the provisions of Section 4.5; and to adopt and use a corporate seal and to alter the form of such seal.
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2.9.4 Assessments. The power and duty to fix and levy Assessments and identify the due date for payment of Assessments. The Board may incur Common Expenses.
The Association's funds shall be held in trust for the Owners.
2.9.5 Insurance. The power and duty to contract and pay for insurance in accordance with the Declaration, covering and protecting against such damages or injuries as the Board considers advisabl~ (which coverage may include medical expenses of persons injured on the Association Property). The Board shall review, not less frequently than annually, all insurance policies and bonds obtained by the Board on the Association's behalf.
2.9.6 Delegation. The power, but not the duty, to delegate its powers according to law.
2.9.7 Bylaws. The power and duty to adopt these Bylaws.
2.9.8 Records. The power and duty to keep a complete record of Association acts and corporate affairs.
2.9.9 Sale of Property. The power, but not the duty, to sell property of the Association. Approval from Owners representing at least a majority of the Association's voting power must be obtained before property of the Association having an aggregate fair market value greater than ten percent ( 10%) of the Association's budgeted gross expenses for the Fiscal Year is sold in a single Fiscal Year.
2.9.10 Manager. The power to engage a professional Manager for the Association at a compensation established by the Board to perform such duties and services as the Board authorizes.
2.9.11 Agreements with Declarant. The power, but not the duty, to negotiate and enter into agreements with Declarant. •
2.9 .12 Adoption of Election Rules. The power and duty to adopt election rules in accordance with Section 1363.03(a) of the California Civil Code.
2.10. Distribution of Information. The Board shall distribute the following financial information to all Owners (and any Beneficiary, insurer and guarantor of a first Mortgage on request), regardless of the number of Owners or the amount of assets of the Association:
2.10.1 Budget. A pro forma operating budget for each Fiscal Year consisting of at least the following information must be distributed to the Members annually not less than thirty (30) nor more than ninety (90) days prior to the beginning of each Fiscal Year:
(a) Estimated revenue and Common Expenses computed on an accrual basis.
(b) A summary of the Association's reserves (if any).
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(c) All other information required under California Civil Code Section 1365.2.5.
2.10.2 Financial Report. A report consisting of the following must be distributed within one hundred twenty (120) days after the close of the Fiscal Year. (a) A balance sheet as of the end of the Fiscal Year.
(b) An operating (income) statement for the Fiscal Year. ( c). A statement of changes in financial position for the Fiscal Year. (d) Any information required to be reported under Section 8322 of the California Corporations Code.
(e) A statement of the place where the names and addresses of the current Owners are located.
If the report referred to in Section 2.10.2 is not prepared by an independent accountant, it must be accompanied by the certificate of an authorized Association officer stating that the statement was prepared from the Association's books and records without independent audit or review.
2.10.3 Accounts. On at least a yearly basis, the Board shall: (a) cause to be completed and review a current reconciliation of the Association's accounts, (b) review the. income and expense statement for the Association's accounts.and (c) review the most current account statements prepared by the financial institutions where the Association keeps its accounts.
2.11. Meetings.
2.11.1 Organization Meeting. The first regular ("organization") meeting of a newly elected Board must be held within thirty (30) days of election of the Board, at such place as is fixed and announced by the Directors at the meeting at which such Directors were elected, to organize, elect officers and transact other business. No notice is necessary to the newly elected Directors to hold such meeting; provided that (a) a majority of the whole Board is present when the time and place are announced at the annual meeting and (b) the meeting is held on the same day and at the same place as the annual meeting of the Owners at which the newly constituted Board was elected.
2.11.2 Regular Meetings. Regular meetings may be held at such time and place in the Properties as is determined by a resolution adopted by a majority of a quorum of the Directors no less frequently than may be required by law from time to time. Notice of the time and place of regular meetings of the Board shall be given to each Director at least four ( 4) days before the date of the meeting. Notices may be given personally or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, facsimile, electronic mail, or other electronic means or posted at a prominent place or places in the Association Property.
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2.11.3 Special Meetings. Special meetings may be called by the President or by any two (2) Directors by posting notice at least four (4) days before such meeting at a prominent place or places in the Association Property or on four (4) days' notice by first-class mail or fortyeight (48) hours' notice delivered personally or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic. means. The notice must state the time, place and the purpose of the meeting.
2.11.4 Executive Sessions. The Board may convene in executive session to (a) discuss and vote upon personnel matters, litigation, matters relating to the formation of contracts with third parties, or Owner discipline or (b) meet with an Owner, upon the Owner's request, regarding the Owner's payment of Assessments, as specified in California Civil Code Section 1367 or 1367.1. The nature ofbusiness to be considered in executive session must first be announced in an open session and must be generally noted in the minutes of the Board. In any matter relating to the discipline of an Owner, the Board shall meet in executive session if requested by that Owner. The Owner may attend the executive session.
2.1 1.5 Other Meetings. Any congregation of a majority of the members of the Board at the same time and place to hear, discuss, or deliberate on any item of business scheduled to be heard by the Board, except those matters that may be discussed in executive session, shall constitute a meeting of the Board. All Owners shall have the right to attend any regular, special or other meeting of the Board, ·except an executive session. Owners who are not Directors may not participate in any deliberation or discussion at such meetings unless authorized by a vote of a majority of a quorum of the Board. However, at each Board meeting, except for executive sessions, the Board must set aside time for Owners to speak, subject to reasonable limits imposed by the Board.
2.11.6 Notice to Owners. Generally, if a meeting of the Board is not a regular or special meeting, Owners shall be given notice of the time and place of the meeting at least four (4) days before the meeting. Notice required by this Section may be given by posting the notice in a prominent place or places in the Association Property, by mail or delivery of the notice to each Lot or Condominium in the Properties, or by newsletter or other similar means of communication. If there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the Board and which of necessity make it impractical to provide notice to the Owners, then an emergency meeting of the Board may be called by the President or any two (2) other members of the Board without providing notice to the Owners.
2.11.7 Waiver of Notice. Before or at any meeting of the Board, any Director may, in writing, waive personal notice of such meeting. Attendance by a Director at any Board meeting waives the requirement of personal notice. If all Directors are present at a Board meeting, no notice to Directors is required and any business may be transacted at such meeting.
The transactions of any Board meeting, however called and noticed or wherever held, are valid as though had at a meeting duly held after regular call and notice, if (a) a quorum is present, (b) notice to the Owners of such meeting was posted as provided in Sections 2.11.2, 2.11.3 or 2.11.6, and (c) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to holding such meeting, or an approval of the Minutes thereof. The SDH\30447.0001\361335.2 6/7/2007 -7-
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Secretary shall file all such waivers, consents and approvals with the Association's records or make them a part of the Minutes of the meeting.
2.12. Action Without Meeting. The Board may act without a meeting if all Directors consent in writing to such action. Written consents must be filed with the minutes of the Board.
Each action by written consent has the same effect as a unanimous vote of such Directors.
Within three (3) days after the written consents of all Directors have been obtained, an explanation of any action taken by unanimous written consent without a meeting must be either (a) posted by the Board in a prominent place or places in the Association Property, or (b) communicated to the Owners by other means the Board determines to be appropriate.
2.13. Quorum and Adjournment. Except as otherwise expressly provided in these Bylaws, at all meetings of the Board, a majority of the Directors constitutes a quorum for the transaction of business, and the acts of a majority of the Directors present at a meeting at which a quorum is present are the acts of the Board. At any meeting of the Board when less than a quorum present, the majority of those present may adjourn the meeting to another time. At any such reconvened meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice if a quorum is present.
2.14. Committees. The Board may by resolution establish such committees as it desires, and may establish the purposes and powers of each such committee created. The resolution establishing the committee must (a) provide for the appointment of its members and a chairman, (b) state the purposes of the committee, and (c) provide for reports, termination and other administrative matters as the Board considers appropriate.
ARTICLE III
OFFICERS
3.1. Designation. The Association's principal officers are a President, a Vice President, a Secretary, and a Treasurer, all elected by the Board. The Board may appoint an Assistant Treasurer, an Assistant Secretary and such other officers as it determines to be necessary. Officers other than the President need not be Directors. Any person may hold more than one office.
3.2. Election of Officers. The Board shall annually elect the Association's officers at the new Board's organization meeting. Each officer shall hold his office at the pleasure of the Board, until he resigns or is removed, is otherwise disqualified to serve or a successor is elected and qualified to serve.
3.3. Removal of Officers. On an affirmative vote of a majority of the entire Board, any officer may be removed, either with or without cause, and a successor elected at any meeting of the Board. Any officer may resign at any time by giving written notice to the Board or to the President or Secretary. Any such resignation is effective on the date of receipt of such notice or at any later time specified therein. Unless specified in the notice, acceptance of the resignation by the Board is not necessary to make it effective.
3.4. Compensation. No officer may receive any compensation for services performed in the conduct of the Association's business unless such compensation is approved by the vote or SDH\30447.0001\361335.2 6/7fl.007 -8-
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written consent of Owners representing at least a majority of the Association's voting power; however (a) nothing in these Bylaws precludes any officer from serving the Association in some other capacity and receiving compensation therefor, and (b) any officer may be reimbursed for actual expenses incurred in the performance of Association duties. Appointment of any officer does not create contractual rights of compensation for services performed by such officer. No officer, employee or director of Declarant or any affiliate of Declarant may receive any compensation for service as an officer of the Association.·
3.5. President. The President is the chief executive officer of the Association and shall (a) preside at all Association and Board meetings, (b) have the general powers and duties which are usually vested in the office of the President of a corporation, including but not limited to the power to appoint committees ·from among the Owners as the President decides is appropriate to assist in the conduct of the Association's affairs, and (c) subject to the control of the Board, have general supervision, direction and control of the Association's business. The President is ex officio a member of all standing committees and has such other powers and duties as may be prescribed by the Board or these Bylaws.
3.6. Vice President. The Vice President shall take the President's place and perform the President's duties whenever the President is absent, disabled, fails or refuses to act. If neither the President nor the Vice President is available to perform the President's duties, the Board shall appoint another member of the Board to do so on an interim basis. The Vice President has such other powers and duties as may be prescribed by the Board or these Bylaws.
3.7. Secretary. The Secretary shall (a) keep the Minutes of all meetings of the Board and of the Association at the Association's principal office or at such other place as the Board may order, (b) keep the Association's seal in safe custody, (c) have charge of such books and papers as the Board may direct, ( d) in general, perform the duties incident to the office of Secretary, (e) give, or cause to be given, notices of meetings of the Owners and of the Board required by these Bylaws or by law to be given, (f) keep a record book of Owners, listing the names, mailing addresses and telephone numbers of Owners, as furnished to the Association ("Membership Register"), and (g) record in the Membership Register the termination or transfer of ownership by any Owner, together with the date of the transfer. The Secretary has such other powers and duties as may be prescribed by the Board or these Bylaws.
3.8. Treasurer. The Treasurer is the Association's chief financial officer and is responsible for Association funds. The Treasurer shall (a) keep, or cause to be kept, full and accurate accounts and tax and business records of the Association, including accounts of all assets, liabilities, receipts and disbursements, (b) be responsible for the deposit of all funds in the name of the Association in such depositories as the Board designates, (c) disburse the Association's funds as ordered by the Board, and ( d) render to the President and Directors, on request, an account of all transactions as Treasurer and of the Association's financial condition.
The Treasurer has such other powers and duties as may be prescribed by the Board or these Bylaws.
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ARTICLE IV
OWNERS
4.1. Voting Rights. The Association has three (3) classes of voting Membership, as described in the Declaration.
4.2. Majority of Quorum. Unless otherwise provided in the Restrictions, any action which may be taken by the Association may be taken by a majority of a quorum of the Owners.
4.3. Quorum. Except as otherwise provided in these Bylaws, the presence in person, by proxy or by ballot pursuant to California Civil Code Section 1363 .03(b) of at least twenty-five percent (25%) of the Association's voting power constitutes a quorum of the Membership.
Owners present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, despite the withdrawal of enough Owners to leave less than a quorum, if any action taken ( other than adjournment) is approved by at least a majority of a quorum. If a meeting is actually attended, in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b), by Owners having less than one-third (1/3) of the Association's voting power, then no matter may be voted on except matters which were generally described in the notice of the meeting. No action by the Owners on any matter is effective if the votes cast in favor are fewer than the minimum number of votes required by the Restrictions to approve the action.
4.4. Proxies. Except as provided below, votes may be cast in person, by proxy or by written ballot pursuant to California Civil Code Section 1363.03. Proxies must be in writing and filed with the Secretary in advance of each meeting. Every proxy is revocable and automatically ceases after completion of the meeting for which the proxy was filed. Any form of proxy or written ballot distributed by any Person to the Owners must afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted on, except it is not mandatory that a candidate for election to the Board be named in the proxy or written ballot. The proxy or written ballot must provide that, when the Owner specifies a choice, the vote shall be cast in accordance with that choice. The proxy must also identify the person authorized to exercise the proxy and the length of time it will be valid. No proxy is valid with respect to a vote on any matter described in Section 7613(g) of the California Corporations Code unless the general nature of the proposal was described in the proxy. Proxies may not be used in connection with voting in any election regarding those subjects specified in California Civil Code Section 1363.03(b).
4.5. Place of Meetings of Owners. Meetings of the Owners shall be held on the Properties, or such other suitable place as proximate thereto as practical and convenient to the Owners, as designated by the Board.
4.6. Annual Meetings of Owners. The first annual meeting of Owners shall be held within six (6) months after the Close of Escrow for the sale of the first Lot or Condominium in the Properties. Thereafter, the annual meetings shall be held on or about the anniversary date of the first annual meeting. Each first Mortgagee may designate a representative to attend all annual meetings.
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4.7. Special Meetings of Owners. The Board shall call a special meeting of the Owners (a) as directed by resolution of a majority of a quorum of the Board, (b) by request of the President of the Association, or ( c) on receipt of a petition signed by Owners representing at least five percent (5%) of the Association's total voting power. The Secretary shall give notice of any special meeting within twenty (20) days after adoption of such resolution or receipt of such request or petition. The notice must state the date, time and place of the special meeting and the general nature of the business to be transacted. The special meeting must be held not less than thirty-five (35) nor more than ninety (90) days after adoption of such resolution or receipt of such request or petition. No business may be transacted at a special meeting except as stated in the notice. Each first Mortgagee may designate a representative to attend all special meetings.
4.8. Notice. The Secretary shall send to each Owner of record, and to each first Mortgagee who has filed a written request for notice with the Secretary, a notice of each annual or special meeting. The notice must be sent by first-class mail, at least ten (10) but not more than thirty (30) days before the meeting. The notice must state the purpose for the meeting as well as the day, hour and place where it is to be held. The notice may establish time limits for speakers and nominating procedures for the meeting. The notice must specify those matters the Board intends to present for action by the Owners, but, except as otherwise provided by law, any proper matter may be presented for action at the meeting. The notice of any meeting at which Directors are to be elected must include the names of all nominees when the notice is given to the Owners. The mailing of a notice, postage prepaid, in the manner provided in this Section, shall be considered notice served, forty-eight ( 48) hours after the notice has been deposited in a regular depository of the United States mail. Such notice must be posted in a conspicuous place on the Association Property and is deemed served on an Owner on posting if no address for such Owner has been then furnished to the Secretary.
Notwithstanding any other provision of these Bylaws, approval by the Owners of any of the following proposals, other than by unanimous approval of those Owners entitled to vote, is not valid unless the general nature of the proposal was stated in the notice or in any written waiver of the notice: (a) removing a Director without cause; (b) filling vacancies on the Board; ( c) approving a contract or transaction between the Association and one or more Directors, or between the Association and any entity in which a Director has a material financial interest; (d) amendment of the Articles; or (e) electing to wind up and dissolve the Association.
4.9. Record Dates. The Board may fix a date in the future as a record date for determining which Owners are entitled to notice of any meeting of Owners. The record date so fixed must be not less than ten ( 10) nor more than sixty ( 60) days before the date of the meeting.
If the Board does not fix a record date for notice to Owners, the record date for notice is the close of business on the business day preceding the day on which notice is given. In addition, the Board may fix a date in the future as a record date for determining the Owners entitled to vote at any meeting of Owners. The record date so fixed must be not less than ten ( 10) nor more than sixty (60) days before the date of the meeting. If the Board does not fix a record date for determining Owners entitled to vote, Owners on the day of the meeting who are otherwise eligible to vote are entitled to vote at the meeting.
4.10. Adjourned Meetings. If a quorum is not present at the time and place established for a meeting, a majority of the Owners who are present, either in person, by proxy or SDH\30447.0001\361335.2 6/7(1.007 -11-
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by ballot pursuant to California Civil Code Section 1363.03(b), may adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the original meeting date, at which meeting the quorum requirement is the presence in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b) of Owners holding at least twenty-five percent (25%) of the Association's voting power. Such an adjourned meeting may be held without the notice required by these Bylaws if notice thereof is given by announcement at the meeting at which such adjournment is taken.
4.11. Order of Business. Meetings of Owners must be conducted in accordance with a recognized system of parliamentary procedure or such parliamentary procedures as the Association may adopt. The order of business at all meetings of the Owners is as follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; ( c) reading of minutes of preceding meeting; ( d) reports of officers; ( e) reports of committees; (t) election of Directors (at annual meetings or special meetings held for such purpose); (g) unfinished business; and (h) new business.
4.12. Action Without Meeting. Except for election of Directors, any action not subject to California Civil Code Section l 363.03(b) which may be taken at a meeting of the Owners may be taken without a meeting by written ballot of the Owners. Ballots must be solicited in the same manner as provided in these Bylaws for giving of notice of meetings to Owners. Such solicitations must specify (a) the number of responses needed to meet the quorum requirements, (b) the percentage of approvals necessary to approve the action, and ( c) the time by which ballots must be received to be counted. The form of written ballot must afford an opportunity to specify a choice between approval and disapproval of each matter and must provide that, where the Owner specifies a choice, the vote shall be cast in accordance therewith.
Receipt within the time period specified in the solicitation of (i) ballots which equal or exceed the quorum which would be required if the action were taken at a meeting, and (ii) approvals which equal or exceed the number of votes which would be required for approval if the action were taken at a meeting at which the total number of votes cast was the same as the total number of ballots cast, constitutes approval by written ballot.
4.13. Consent of Absentees. The actions taken at any meeting of Owners, however called and noticed, are valid as though taken at a meeting duly held after regular call and notice, . if (a) a quorum is present either in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b), and (b) either before or after the meeting, each of the Owners not present in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b) signs (i) a written waiver of notice, (ii) a consent to the holding of such meeting, or (iii) an approval of the minutes thereof. The Secretary shall file all such waivers, consents or approvals with the corporate records or make them a part of the minutes of the meeting.
4.14. Minutes, Presumption of Notice. Minutes or a similar record of the proceedings of meetings of Owners, when signed by the President or Secretary, shall be presumed truthfully to evidence the matters described therein. A recitation in the Minutes executed by the Secretary that proper notice of the meeting was given constitutes prima facie evidence that such notice was gtven.
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4.15. Inspector of Election. Prior to any meeting of Owners, the Board shall appoint an inspector of election for that meeting in accordance with California Civil Code Section l 363.03(c). There shall be at least one (1) inspector of election. Any report or certificate of the inspector of election is prima facie evidence of the matters stated therein. An inspector of election does not have to be an Owner. If the Board does not appoint an inspector of election or if an inspector fails to appear at a meeting, the chairman of the meeting of Owners may appoint the inspector of election. If the chairman fails to appoint the inspector of election, then any Owner may request that the inspector of election be appointed. If an Owner makes such a request, then the inspector of election shall be elected by Owners representing a majority of the Owners present. In case of an action to be taken by the Owners by written ballot, the Board shall also appoint an inspector of election to count the ballots in accordance with Section 1363.03 of the California Civil Code. The results of the election shall be promptly reported to the Board, recorded in the minutes of the next meeting of the Board and made available for review by Owners. Within fifteen (15) days, the Board shall publicize the results of the election in a communication directed to all Owners.
The inspector of election shall (a) determine the number of Memberships outstanding and the voting power of each, (b) the number of Owners represented at the meeting and the existence of a quorum, (c) the authenticity, validity and effect of proxies, (d) receive votes, ballots or consents, (e) hear and ·determine all challenges and questions in any way arising in connection with the right to vote, (f) count and tabulate all votes or consents, (g) determine when the polls shall close, (h) determine the results of the election, and (i) do such acts as may be proper to conduct the election or vote, with fairness to all Owners in accordance with Section 1363.03(c) of the California Civil Code. The inspector of election shall perform his/her duties impartially, in good faith, to the best of his/her ability and as expeditiously as is practical.
ARTICLE V
AMENDMENTS
These Bylaws may be amended by the vote or written consent of Owners representing at least (a) a majonty of the voting power of each class of the Owners, and (b) a majority of the Association's voting power represented by Owners other than Declarant; provided that the specified percentage of each class of Owners necessary to amend a specific provision of these Bylaws may not be less than the percentage of affirmative votes prescribed for action to be taken under that provision. These Bylaws may be amended by a majority of the entire Board, (i) at any time before the Close of Escrow for the sale of the first Lot or Condominium, or (ii) if the amendment is within the Board's power to adopt without Owner approval pursuant to the California Corporations Code and either (a) the proposed amendment conforms the Bylaws to California law or (b) the proposed amendment corrects a typographical error in the Bylaws.
ARTICLE VI
MISCELLANEOUS
6.1. Checks, Drafts and Documents. All checks, drafts, orders for payment of money, notes and other evidences of indebtedness issued in the name of or payable to the Association must be signed or endorsed in the manner and by the person or per.sons the Board designates by resolution.
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6.2. Conflicts. If any of these Bylaws conflict with any laws of the State of California, such conflicting Bylaws shall be void on final court detennination to such effect, but all other Bylaws shall remain in full force. In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control. In case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
6.3. Execution of Documents. The Board may authorize any officer or officers, agent or agents to enter into any contract or execute any instrument in the name and on behalf of the Association. Such authority may be general or confined to specific instances. Unless so authorized by the Board, no officer, agent, committee member or employee may bind the Association by any contract or pledge its credit or render it liable for any purpose in any amount.
6.4. Availability of Association Documents.
6.4.1 Records To Be Maintained. The Association shall keep at its principal office (or at such other place in or near the Properties as the Board may prescribe) (a) the Restrictions and (b) any documents or items (i) defined under Section 1365.2 of the California Civil Code as "association records" and "enhanced association records" or (ii) required to be kept pursuant to any other applicable provision of the California Civil Code and the California Corporations Code (collectively, the "Association Documents'), each of which shall be made available for inspection and copying by any Owner or the Owner's duly appointed representative for a purpose reasonably related to the Owner's interest as an Owner, all in accordance with applicable provisions of the California Civil Code and California Corporations Code.
6.4.2 Limits on Availability. The Board may establish reasonable rules regarding (a) notice to be given to the custodian.of the Association Documents by the Owner desiring to make the inspection, (b) hours and days of the week when such an inspection may be made, and (c) payment of the cost of copying any of the Association Documents requested by an Owner; provided that every Director may at any reasonable time inspect all Association Documents and the physical properties owned or controlled by the Association, and make extracts and copies of documents.
6.4.3 Time of Availability. The minutes, minutes that are proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board (other than an executive session) must be available to Owners within thirty (30) days of the meeting. The minutes, proposed minutes or summary minutes must be distributed to any Owner on request and on reimbursement of the Association's cost in making that distribution.
6.4.4 Distribution to Owners. No later than ten (10) days after the Association receives written request from any Owner, the Association shall provide to that Owner a copy of each of the documents listed in California Civil Code Section 1368(a) that have been requested by the Owner. Owners must be notified in writing when the budget required in Section 2.10.1 is distributed or at the time of any general mailing to the entire Association Membership of their right to have copies of the minutes of meetings of the Board and how and where those minutes may be obtained.
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6.5. Fiscal Year. The Board shall select the Association's Fiscal Year. The Fiscal Year is subject to change as the Board determines.
ARTICLE VII
NOTICE AND HEARING PROCEDURE
7 .1. Initial Complaint. Persons who believe a violation of the Restrictions has occurred may file a complaint with a Person designated by the Board on a form approved by the Board. The Board will commence the enforcement process. In its discretion, the Board may issue one or two violation letters to the Person alleged to have committed the violation ("respondent") or set a hearing described in Section 7.2 below. The Board may direct the Manager to assist the Board in any of the steps the Board chooses to talce in enforcing the Restrictions except that decisions made at hearings must be made by the Board. 7 .2. Scheduling Hearings. A hearing before the Board to determine whether a sanction should be imposed may be initiated by the Board after receipt of at least one complaint.
To initiate a hearing, the Board must deliver to the respondent a notice which includes the following: •
7.2. l Complaint. A written statement setting forth in ordinary and concise language the acts or omissions with which the respondent is charged,
7.2.2 Basis for Violation. A reference to the specific provisions of the Restrictions which the respondent is alleged to have violated,
7.2.3 Hearing Schedule. The date, time and place of the scheduled hearing, 7 .2.4 Sanctions. A list of sanctions which may be imposed at the hearing.
The date for the hearing may be no less than fifteen (15) days after the date the notice of hearing is mailed or delivered to the respondent. The respondent is entitled to attend the hearing, submit a statement of defense to the Board in advance of the hearing, or present a statement of defense and supporting witnesses at the hearing. If the respondent does not attend the hearing, the respondent waives these rights.
7 .3. Conduct of Hearing. The Board shall conduct the hearing in executive session, affording the respondent a reasonable opportunity to be heard. Prior to· the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard must be placed in the minutes of the meeting. Such proof is adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the Association officer or Board member who mailed or delivered such notice. The record of the meeting must contain a written statement of the results of the hearing and the sanction, if any, imposed. 7 .4. Imposition of Sanctions. After affording the respondent an opportunity for a hearing before the Board, the Board may impose any one or more of the following sanctions: (a) levy a Special Assessment as authorized in the Declaration; (b) suspend the respondent's voting privileges established under the Declaration; (c) enter upon a Lot or Condominium to perform maintenance which, according to the Declaration, is the responsibility of the respondent; or ( d) SDH\30447.0001\361335.2 6/7/2007 -15-
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record a notice of noncompliance if allowed by law. Any suspension of Membership privileges may not be for a period of more than _thirty (30) days for any noncontinuing infraction, but in the case of a continuing infraction (including nonpayment of any assessment after the same becomes delinquent) may be imposed for so long as the violation continues. Written notice of any sanctions to be imposed must be delivered to the respondent personally via first class mail within fifteen (15) days following the date of the decision to impose the sanction. No action against the respondent arising from the alleged violation may take effect prior to five (5) days after the hearing.
7.5. Limits on Remedies. The Board's failure to enforce the Restrictions does not waive the right to enforce them. The remedies provided by the Restrictions are cumulative and not exclusive. However, any individual Owner must exhaust all available internal Association remedies prescribed by the Restrictions before that Owner may resort to a court of law for relief with respect to any alleged violation of the Restrictions by another Owner.
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CERTIFICATE OF SECRETARY
I, the undersigned, certify that:
1. I am the duly elected and acting Secretary of WATERMAN BUSINESS CENTER ASSOCIATION, a California nonprofit corporation ("Association"); and
2. The foregoing Bylaws comprising 17 pages including this page constitute the Bylaws of the Association duly adopted by Consent of Directors in Lieu of First Meeting dated J:1.A.MC-: \ 2- , 2007.
IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed the seal of the Association this \'2..-tl- day of UJ..lMee- , 2007 . •
(SEAL)
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Recorded In Official Records, County of San Bernardi no RECORDING REQUESTED BY: ~- _ LARRY WALKER
~S,.~'§ Auditor/Controller - Recorder
6/27/2007
8:00 AM
MD
LandAmerica Commercial Services
9 803 LandAmerica Commonwealth
Doc#: 2007 - 0380258 Titles: 1 Pages: 23
WHEN RECORDED, MAIL TO:
DZIDA, CAREY & STEINMAN (SDH)
3 Park Plaza, Suite 750
Irvine, CA 92614
II I I I I I I II I I I I I
Fees
Taxes
Other
PAIO
74.00 0.00
0.00 $74.00
(Space Above For Recorder's Use)
SUPPLEMENTAL DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERVATION
OF EASEMENTS FOR
WATERMAN BUSINESS CENTER
(LOTS 1 AND 2)
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THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration') is made by WA TERMAN BP, LLC, a California limited liability company ("Declarant').
A. Declarant is the owner of certain real property in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as ("Condominium Properties') follows:
The "Units," "Association Property," and "Common Area" as defiped in 2) and shown on the Condominium Plan lof-1., f ~ d/'"!nl~-r 17/~ /~ tJ f' recorded on ~ne.pl 7, 2007, as Instrument No -.:Joo7, ~?tJ";{f Official Records of San Bernardino County, California. Such Condominium Plan covers Lots I and 2 of Tract No. 18083, as shown on a subdivision map on file in Book 3 2-'I Pages 2'1 to 32., inclusive, of Maps, in the Office of the San Bernardino County Recorder. - B. Concurrently herewith, Declarant is recording in the Official Records of San Bernardino County, California, that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'). The Declaration, which is incorporated herein by this reference, covers the Condominium Properties and other real property more particularly described therein. This Supplemental Declaration establishes covenants, conditions, restrictions and easements applicable to the Condominium Properties which are in addition to those established under the Declaration.
C. Declarant declares all of the Condominium Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this .
Supplemental Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Condominium Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement use and sale of the Condominium Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (I) run with the Condominium Properties; (2) be binding upon all persons having any right, title or interest in the Condominium Properties, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of every portion of the Condominium Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant and their successive owners and each Condominium Owner within the Condominium Properties and his or her respective successorsin-interest; and (5) may be enforced by Declarant, any Condominium Owner or the Association.
1. Defined Terms. Capitalized terms used but not defined in this Supplemental Declaration shall have the meanings assigned to such terms in the Declaration. The following words and phrases when used in this Supplemental Declaration shall have the meanings hereinafter specified.
1 ·.1 Building Structure and Systems. Building Structure and Systems means the structural portions of the buildings in which the Condominiums are located and/or the SDH\30447.0001\362731.4 6/7/2007 -1-
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mechanical, electrical, life safety and plumbing systems and components but excluding the HV AC systems serving individual Condominium Units.
- 1.2 City Easement Deed. City Easement Deed means the Easement Deed and Agreement between Declarant and the City of San Bernardino recorded in the Official Records of San Bernardino County, California, on Oet: ~ , 2006, as Instrument No.
2.00'1·0"8h03S . Declarant's obligations under the City Easement Deed have been or will be assigned to the Association.
1.3 Common Wall. Common Wall means any wall separating one Condominium Unit from an adjacent Condominium Unit. The cost incurred by the Association in repairing any Common Wall shall, subject to Sections 5.3 and 6.1 of the Declaration, be borne equally by the Condominium Owners of the Condominium Units separated by such Common Wall.
1.4 Condominium Association Property. Condominium Association Property means the property and Improvements described in Exhibit "l" attached hereto.
1.5 Condominium Owner. Condominium Owner means the Owner of a Condominium Unit within the Condominium Properties.
1.6 Design Committee. Design Committee means the committee established pursuant to Section IO below.
I . 7 Design Committee Rules. Design Committee Rules means the Design Committee design standards, procedures, rules and guidelines which may be adopted by the Board, as amended from time to time.
2. Designation of Additional Association Property. The Condominium Association Property is hereby designated as "Association Property" under the Declaration, subject to the covenants, conditions, restrictions, easements and other terms set forth in this Supplemental Declaration.
3. Condominium Owners Rights of Enjoyment. Every Condominium Owner and, to the extent permitted by such Condominium Owner pursuant to the Restrictions, its Owner Representative(s), shall have a right of ingress and egress and of enjoyment in, to and over the Condominium Association Property which shall be appurtenant to and shall pass with title to every Condominium Unit, subject to the Association's right to exercise exclusive jurisdiction over and control of the Condominium Association Property. Owners of Lots 3 through 12 of Tract No. 18083 shall not have the right to use the Condominium Association Property.
4. Condominium Owner Easements over Loading and Parking Areas Adjacent t9 Condominium Buildings. Exhibit "2" hereto generally depicts the "Loading and Parking Area" adjacent to the buildings containing the Condominium Units. Declarant hereby reserves to itself, and every Condominium Owner and their respective Owner Representatives and successors the exclusive right to use that portion of the Loading and Parking Area adjacent to such Condominium Owner's Condominium Unit for loading purposes and parking purposes, subject to such Condominium Owner's compliance with all applicable requirements of the City SDH\30447.0001\362731.4 6nl2007 -2-
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and the Restrictions. No Condominium Owner shall interfere with the reasonable use of or access to the portion of the Loading and Parking Area adjacent to any other Condominium Owner's Condominium Unit.
5. Easement for HV AC Units of Condominium Units. Declarant hereby reserves, for the benefit of each Condominium Owner, an easement for the maintenance, repair, replacement and operation over those portions of the Condominium Association Property on which Declarant has installed heating, ventilation and air conditioning systems serving each Condominium Unit. This easement is appurtenant to and passes with title to each Condominium Unit. This easement is subject to the restrictions, rights and other easements in the Restrictions.
6. Use Restrictions.
6.1 Prohibited Uses. No part of the Condominium Properties shall be used or caused to be allowed or authorized in any way for any purpose not authorized for the Condominium Properties by the zoning ordinances, special use permit(s), planned industrial permit(s) and other governmental regulations applicable to the Condominium Properties. No portion of the Condominium Properties shall be used for any permanent or temporary residential purposes. No part of the Condominium Properties shall be used for the display, manufacture, production, duplication, distribution or sale of what is commonly referred to as "pornographic," "obscene," and/or "adult" material. No rubbish or debris of any kind may be placed or permitted to accumulate anywhere within the Condominium Properties, and no odor may be permitted to arise therefrom so as to render the Condominium Properties or any portion thereof unsanitary, unsightly, or offensive from any public or private street or from any Condominium Unit in the vicinity thereof or to its occupants. No noise, odor, vibration or other nuisance shall be permitted to exist upon or emanate from any portion of the Association Property or any Condominium Unit within the Condominium Properties so as to be offensive or detrimental to any other Condominium Unit in the Condominium Properties or to any Condominium Owner or its Owner Representative. The Board is entitled to determine if any noise, odor, or activity producing such noise or odor constitutes a nuisance. Each Condominium Owner shall comply with all requirements of the local or state health authorities and with all other applicable governmental ordinances regarding occupancy and use of a Condominium Unit. Each Condominium Owner is accountable to the Association and other Owners for the conduct and behavior of Owner Representatives. Any damage to the Association Property, personal property of the Association, or property of another Owner caused by such Persons, shall be repaired at the sole expense of the Condominium Owner of the Condominium Unit where such Persons are working or visiting.
6.2 No Outside Storage. No outside portions of the Condominium Association Property (including Loading and Parking Area) shall be used for the storage of goods or materials.
7. Maintenance of Condominium Units.
7.1 Owner Maintenance. Each Condominium Owner shall maintain, at its sole expense, such Condominium Owner's Condominium Unit, including all windows (including glass, frame, weather stripping, panes and sheathing), doors (including hardware, weatherSDH\3044 7.000I\362731.4 6n/2007 -3- Packet Page. 429
proofing, sheathing, frame and any glass), light fixtures actuated from switches controlled from, or separately metered to, such Condominium Unit, and the interior surfaces of the walls, ceilings, floors and fixtures, in a clean, sanitary and attractive condition, in accordance with the Condominium Plan and the original construction design of the Improvements in the Condominium Properties and Restrictions. However, no utility systems, Common Wall or other portions of the Building Structure and Systems may be pierced or otherwise altered or repaired without approval from the Design Review Committee. Each Condominium Owner shall, at its sole expense, keep the portion of the Loading and Parking Area adjacent to such Condominium Owner's Unit in good condition and repair, clean and free from debris. However, the Association (as provided in Section 8.1 below) shall be responsible for the resurfacing of paved portions of the Loading and Parking Area unless such resurfacing is required due to the negligence, willful misconduct or excessive use of such paved portion of the Loading and Parking Area by such Condominium Owner or its Owner Representatives. 7 .2 Association Right to Maintain. If an Condominium Owner fails to perform any maintenance, repair or installation required by this Article, the Association or its delegates may, but shall not be obligated to, cause such maintenance, repair and installation to be accomplished in accordance with the following: (a) upon finding by the Board of a deficiency in such maintenance, repair or installation, the Board shall give notice of such deficiency to the Condominium Owner (however in the case of immediate risk of injury to persons or serious damage to property no such notice shall be required); (b) the Condominium Owner shall have no more than thirty (30) days ( "Period") following the receipt thereby of written notice of such election from the Board or such committee to select a day or days upon which such maintenance, repair or installation work shall be accomplished; ( c) the date which said Condominium Owner selects to cure the deficiency shall be no more than thirty (30) days from the end of the Period, or a reasonable time thereafter if such deficiency cannot be readily cured within such time; ( d) unless the Condominium Owner and the Board otherwise agree, such maintenance or installation to cure the deficiency shall take place only during daylight hours on any day, Monday through Friday, excluding holidays; and (e) if the Association pays for all or any portion of such maintenance or installation, such amount shall be a Special Assessment against the affected Condominium Owner and its Condominium Unit. The Association shall also have the right to require that the Condominium Owner cure any deficiencies in maintenance of such Condominium Owner's Condominium Unit and/or the Improvements located thereon.
8. Additional Maintenance Funds; Assessments.
8.1 Condominium Association Property Operating Fund. The Board shall Budget, establish and maintain a Condominium Association Property Operating Fund for current expenses of the Condominium Association Property. Disbursements from the Condominium Association Property Operating Fund shall be made solely for the purpose of funding the current operating Common Expenses of the Condominium Association Property. Unless otherwise approved by a majority of the voting power of the Condominium Owners, any excess funds remaining in the Condominium Association Property Operating Fund, over and above the amounts used for the operation of the Condominium Association Property, shall be used to reduce the following year's "Condominium Assessment Component" (defined below).
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8.2 Condominium Assessment Component. Common Assessments levied against the Condominium Owners and their respective Condominium Units shall be comprised of (a) that portion of the Common Expenses of the Association comprising Condominium Association Property Operating Funds and other Maintenance Funds (if any) Budgeted to the Condominium Association Property ("Condominium Assessment Component'); and (b) the Common Assessments established under the Declaration. The Condominium Assessment Component shall be allocated solely among the Condominium Owners based on the percentage share of Condominium Common Expenses set forth in Exhibit "3" hereto.
8.3 Capital Improvement Assessments. A Capital Improvement Assessment with respect to Condominium Association Property Improvements shall require a majority of votes at a meeting or written ballot of the Condominium Owners at which more than fifty percent (50%) of the total voting power attributable to Condominium Units is represented.
Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing a Capital Improvement necessary to address an imminent threat to property or the safety of persons within the Condominium Properties.
8.4 Reconstruction Assessment. A Reconstruction Assessment for the Condominium Association Property shall be assessed only against the Condominium Owners (in the same proportion as the Condominium Assessment Component).
9. Additional Association Powers and Duties.
9.1 Commonly Metered Utilities. The Association shall have the power and duty to (a) obtain commonly metered utility services necessary for the Condominium Units (as part of the obligations pertaining to the Condominium Association Property), and (b) maintain the sewer and water lines (including laterals) within the Condominium Properties for the benefit of the Condominium Owners (as part of the obligations pertaining to the Condominium Association Property). If at any time the Association determines that any Condominium Owner and/or its Owner Representatives is using a disproportionate amount of any commonly metered utilities, then the Association may levy a Special Assessment against such Condominium Owner and its Condominium in an amount equal to the increased costs incurred by the Association for the disproportionate use. If the Association determines that any repair or maintenance of a sewer and/or water line (including a lateral) was required as a result the acts of a Condominium Owner or its Condominium Owner Representatives, then the Association may levy a Special Assessment against such Condominium Owner and its Condominium in an amount equal to the costs incurred by the Association for the applicable repair or maintenance.
9.2 Rights of Entry and Enforcement. The power, but not the duty, after Notice and Hearing, to enter any Condominium Unit (forty-eight (48) hours after delivery of advance written notice to the Condominium Owner of the Condominium Unit of such entry including the reasons therefore, with the exception of circumstances involving immediate risk of injury to persons or serious damage to property in which case the right of entry shall be immediate) or Association Property without being liable to any Condominium Owner for the purpose of enforcing by peaceful means the Restrictions or for the purpose of maintaining or SDH\30447.0001\36273l.4 6/7/2007 -5-
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repairing the Association Property and/or performing maintenance of any Condominium Unit or the Improvements located thereon where the Condominium Owner fails to do so; provided that no items of construction on any such Condominium Unit or Condominium Association Property may be altered or demolished except pursuant to judicial proceedings. The cost of any enforcement action or any maintenance and repair completed in compliance with these provisions is the responsibility of the Condominium Owner and may be assessed against the responsible Condominium Owner as a Special Assessment. The responsible Condominium Owner shall pay promptly all amounts due for such work, and the costs and expenses of collection. The Association may also commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Restrictions by the Condominium Owner of any Condominium Unit and its Owner Representatives and to enforce, by mandatory injunctions or otherwise, all of the provisions of the Restrictions. If an action is brought by the Association, the prevailing party is entitled to recover reasonable attorneys' fees. 9 .3 Condominium Association Traffic and Parking Rules and Regulations. The Board is empowered to establish restricted "visitor parking," temporary and/or "no parking," areas within parking improvem_ents located on the Condominium Association Property in accordance with Section 22658 and Section 22658.2 of the California Vehicle Code, or any similar statute hereafter enacted, as well as to enforce these parking limitations. The Board is also empowered to establish one-way traffic limitations for all or any portion of the drive aisles within the Condominium Association Property. 9 .4 Fire Alarm Monitoring; Service Contracts. The Association shall have the power and duty to contract for fire alarm monitoring services and equipment for the Condominium Association Property and the power to enter into such other services contracts as are necessary or appropriate for services provided to the Condominium Association Property.
10. Design Review. No Construction Activity (defined below) may be commenced or maintained within the Condominium Properties until the plans and specifications therefor showing the nature, design, kind, shape, height, width, color, materials, location and other aspects of the same have been submitted to the Design Committee and approved in writing by the Design Committee in accordance with Section 4.6 of the Declaration and the additional criteria and conditions set forth in this Section 10. The term "Construction Activity(ies)" shall mean any alteration, addition, installation, modification, construction, or reconstruction of any Improvement that would in any way affect the Building Structure and Systems; the exterior of the Condominium Unit and/or any Common Wall between Condominium Units whether or not any of the same are externally visible.
10.1 Membership; Appointment. The Design Committee shall consist of three (3) members. Members of the Design Committee may be removed at any time without cause by the Person appointing such member as provided herein. Unless changed by resolution of the Board, the address of the Design Committee for all purposes, including the submission of plans for approval, is the principal office of the Association as designated by the Board pursuant to the Bylaws. Dec.larant may appoint and remove a majority of the members of the Design Committee, which appointees need not be Members of the Association, until the date on which Declarant no longer owns a Lot or Condominium Unit. The Board may appoint and remove those members of the Design Committee which Declarant is not authorized to appoint until such S DH\3044 7 .000 I \362731.4 6/712007 -6-
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time as Declarant's rights of appointment shall have expired, and thereafter the Board may appoint and remove all members of the Design Committee. Design Committee members appointed by the Board must be Condominium Owners (or agents of Condominium Owners) at all times during their service on the Design Committee, and shall serve for a term of one (I) year or until their respective successors are appointed.
10.2 Design Committee Rules. The Board may adopt, supplement and amend Design Committee Rules imposing design and materials standards, submittal procedures, review criteria and other factors to be considered and followed by the Design Committee and the Condominium Owners in connection with Construction Activities.
I 0.3 Exemptions/Declarant Approval. Notwithstanding any other provision of the Restrictions, Declarant, need not seek Design Committee approval with respect to its construction or development activities of any kind, including without limitation any activity which would be classified as a "Construction Activity." I 0.4 Application. The Person submitting plans and specifications to the Design Committee ("Applicant'') must obtain a dated, written receipt for such plans and specifications and furnish the Design Committee with the address to which further communications from the Design Committee are to be directed. The Design Committee Rules may set forth application fees and deposits and procedures for the submission of plans for approval, require a fee to accompany each application for approval (or request for a certificate stating that Design Committee approval is not required), or establish additional factors which the Design Committee will take into consideration in reviewing submissions. The Design • Committee Rules may provide that the amount of any fee and/or deposit may be determined in any reasonable manner, such as based upon the cost of the construction, alterations or installations contemplated and/or the reasonable cost of architectural or other professional fees incurred by the Association in reviewing plans.
10.5 Criteria. The Design Committee shall consider and act upon all plans and specifications submitted for its approval under this Declaration and may perform such other duties as are specified in this Declaration, including the inspection of construction in progress to assure its conformance with the plans approved by the Design Committee. The Design Committee may approve plans and specifications submitted for its approval only if it determines that (i) the Construction Activity is in conformance with the Design Committee Rules, (ii) the Construction Activity in the locations indicated will not be detrimental to the appearance or use of other Condominium Units or the Condominium Properties as a whole, (iii) the appearance of any structure affected thereby will be in harmony with the surrounding structures, (iv) the Construction Activity and the product thereof will not detract from the attractiveness of the Association Property or the use thereof by the Members, and (v) the upkeep and maintenance thereof will not become a burden on the Association.
10.6 Conditions. The Design Committee may condition its approval of plans and specifications for any Improvement upon any of the following: (i) such changes therein as it deems appropriate, (ii) the grant of appropriate easements to the Association for the maintenance of the Improvement and access to all Condominium Association Property, (iii) the Applicant's agreement to reimburse the Association for the cost of reviewing the proposed Improvement SDH\30447.0001\362731.4 6/7/2007 -7-
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(including legal and consultant costs) and for the cost of maintaining the Improvement, (iv) the Applicant's agreement to complete the proposed work within a stated period of time, and/or (v) the Applicant's furnishing the Association with a bond or other security acceptable to the Design Committee in an amount reasonably sufficient to (a) assure the completion of such Improvement or the availability of funds adequate to remedy any nuisance or unsightly conditions occurring as a result of the partial completion of such Improvement, and (b) to protect the Association and the other Condominium Owners against mechanic's liens or other encumbrances which may be Recorded against their respective interests in the Condominium Properties or damage to the Condominium Association Property as a result of such work. In addition to the foregoing, the Design Committee may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted.
10. 7 Review Period. The Design Committee may require such detail in plans and specifications submitted for its review as it deems proper. Until the Design Committee receives all required plans and specifications, the Design Committee may postpone review of any plan submitted for approval or determination of exemption. The Design Committee shall transmit its decision and the reasons therefore or a request for further information to the Applicant at the address furnished by the Applicant, within forty-five (45) days after the date of the receipt issued by the Design Committee for materials submitted to the Design Committee and the Design Committee determines that such application is complete. Subject to appeal procedures which may be adopted by the Board, any application or request for certificate of exemption submitted pursuant to this Section shall be deemed approved, unless the Design Committee transmits written disapproval or a request for additional information or materials to the Applicant within forty-five (45) days after the date of receipt by the Design Committee of the Applicant's submitted materials.
10.8 Meetings of the Design Committee. The Design Committee shall meet and/or otherwise confer as necessary to perform its duties hereunder. The vote or written consent (which may be transmitted by facsimile or email) of a majority of the members of the Design Committee constitutes an act of the Design Committee. The Design Committee may engage architects, landscape architects, designers, planners and such similar professionals and consultants and appoint such subcommittees as the Design Committee deems appropriate to assist the Design Committee in the evaluation of plans, specifications and other items submitted for Design Committee approval pursuant to the Declaration. The Applicant shall be responsible for the cost of any such professionals and/or consultants engaged with respect to such Applicant's plans and specifications.
10.9 No Waiver of Future Approvals. Design Committee approval of any proposals or plans and specifications or drawings for-any Construction Activity done or proposed or in connection with any other matter requiring Design Committee approval does not waive any right to withhold approval of any similar proposals, plans and specifications, drawings or matters subsequently or additionally submitted for approval or consent.
10.10 Compensation of Members. The Design Committee members shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in performing their duties. The foregoing shall not preclude payment of compensation approved by the Board to architects or similar professionals engaged to assist SDH\30447.0001\36273 l.4 6/7/2007 -8-
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the Design Committee or the Design Committee Representative or to perform the function of the Design Committee member pursuant to this Section 10.10.
10.11 Correction of Defects. Inspection of work and correction of defects therein shall proceed as follows:
I 0.11.1 Notice of Completion. The Design Committee or its duly appointed representative may at any time inspect any Improvement or Construction Activity for which approval of plans is required under this Article. The Design Committee's right of inspection of Improvements for which plans have been submitted and approved shall terminate sixty (60) days after the work of Improvement has been completed and the Design Committee has received written notice of such completion. The Design Committee's rights of inspection shall not terminate pursuant to this paragraph if plans for the work of Improvement have not previously been submitted to and approved (or determined exempt) in writing by the Design Committee. If the Design Committee finds that an Improvement was done without obtaining written approval of the plans therefor or was not done in substantial compliance with the plans approved by the Design Committee, it shall notify the Condominium Owner in writing of failure to comply with this Section 4.6, specifying the particulars of noncompliance. The Design Committee may require the Condominium Owner to take such action as may be necessary to remedy a noncompliance. •
I 0.11.2 Noncompliance. If the Condominium Owner fails to remedy the noncompliance within sixty (60) days from the date the Design Committee's notice of noncompliance is deemed received by the Condominium Owner, the Design Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Condominium Owner must remedy or remove the same_within a period of not more than forty-five (45) days from the date that notice of the Board ruling is given to the Condominium Owner. If the Condominium Owner does not comply with the Board ruling within that period, the Board may Record a notice of noncompliance and may commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the noncompliance.
I 0.11.3 Compliance. If the Design Committee fails to notify the Applicant of any noncompliance with previously submitted and approved plans within sixty (60) days after receipt of written notice of completion from the Applicant, the Construction Activity shall be deemed to be in accordance with such approved plans.
10.11.4 Prosecution of Work. The Design Committee approval for any particular Construction Activity expires and the plans and specifications therefor must be resubmitted for Design Committee approval pursuant to this Section 10 if substantial work pursuant to the approved plans and specifications is not commenced within six (6) months after the Design Committee's approval of such Construction Activity. All Construction Activities shall be performed as promptly and diligently as possible and, unless an earlier completion date is specified in the Design Committee approval, must be completed within one (1) year after the date on which the work commenced.
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10.12 Scope of Review. The Design Committee shall review and approve or disapprove all plans submitted to it for any proposed Construct1on Activity solely on the basis of the considerations set forth in this Declaration. The Design Committee is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or other governmental requirements.
10.13 Variances. The Design Committee may recommend variances from compliance with any of the architectural provisions of the Declaration and/or this Supplemental Declaration, including, without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be approved by the Board, evid_enced in writing, and signed by at least two (2) officers of the Association certifying such Board approval, and are effective upon Recordation. No violation of the Restrictions shall exist with respect to any Construction Activity for which a variance is granted. The granting of such a variance does not waive any of the terms and provisions of this Declaration or of any Supplemental .Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Condominium Owner's obligation to comply with all governmental laws and regulations.
10.14 Pre-Approvals. The Board may authorize the pre-approval of certain specified types or classes of Construction Activities in the Design Committee Rules if, in the exercise of the Board's judgment, pre-approval of such types or classes of Improvements is appropriate in carrying out the purposes of this Declaration.
10.15 Appeals. The Board may adopt polices and procedures for the appeal of Design Committee decisions to the Board. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Design Committee decisions are final.
11. Insurance. The public liability insurance to be carried by Condominium Owners under Section 8.2 of the Declaration shall be in an amount not less than Two Million Dollars ($2,000,000), combined single limit, or in such other minimum amount as the Board may determine, covering all claims for personal injury and property damage arising out of a single occurrence with.the amount of any deductible approved by the Board. Each Condominium Owner shall review annually the limits of his insurance coverage and increase such limits as appropriate. Each Condominium Owner shall cause the Association to be named as additional insured under such Condominium Owner's liability policy(ies) and shall furnish the Association with a current certificate of such insurance at all times.
12. Condemnation of Condominium Association Property and/or Condominium Units.
12.1 Condemnation of Condominium Association Property an~or Condominium Units. If all or any portion of the Condominium Association Property, or any interest therein, is taken by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the SDH\30447.0001\362731.4 6/7/2007 -10-
Packet Page. 436
applicable Operating Fund. The Association has the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Members_ with respect to the Condominium Association Property.
12.2 Minor Takings of Condominium Units Within Limits. If (a) there is a taking of a portion of one or more Condominiums such that the intended use of the Condominiums is not substantially and adversely affected, and (b) restoration of such Condominiums can be accomplished at a cost less than or equal to the sum of (i) the amount of the condemnation awards for such takings plus (ii) any amounts the Condominium Owners of the partially taken Condominiums wish to contribute to restoration plus (iii) an amount less than or equal to five percent (5%) of the Budgeted gross expenses of the Association for that Fiscal Year ( collectively, the "Allowable Cost'), then (provided that the applicable Condominium Owners have made their agreed upon contributions) the Board shall contract for such restoration and levy a Reconstruction Assessment against the applicable Condominium Owners in an amount equal to the Allowable Cost minus the amount of the condemnation awards and applicable Condominium Owners' contributions. The condemnation awards, Condominium Owners' contributions and Reconstruction Assessment shall be applied to such restoration. If the restoration is accomplished at a cost less than the amount of the condemnation awards, then that portion of the condemnation awards which exceeds the restoration costs shall be paid to the Condominium Owners of the partially taken Condominiums in proportion to the decreas¥s in the fair market values of their Condominiums; however, such awards shall first ~e applied to the balance then due on any Mortgages encumbering such Condominium Owners' Condominiums, in order of priority. •
12.3 Minor Takings of Condominium Units Exceeding Limits. If(a) there is a taking of a portion of one or more Condominiums such that the intended use of the Condominiums is not substantially and adversely affected, and (b) restoration cannot be accomplished at a cost less than or equal to the Allowable Cost, then the Board shall call a Special Meeting of the Condominium Owners of Condominium Units. If more than fifty percent (50%) of the voting power of the Condominium Owners of Condominium Units of the taken Condominium Units is represented at such Special Meeting, either in person or by proxy, and a majority of the votes of the taken Condominium Units cast at such Special Meeting in favor of levying a Reconstruction Assessment in an amount equal to the restoration costs minus the sum of the amount of the condemnation awards and the amounts the Condominium Owners of the taken Con_dominiums wish to contribute to such restoration, then upon the receipt by the Association of all contributions agreed to by the applicable Condominium Owners, the Board shall contract for such restoration and levy a Reconstruction Assessment, and the condemnation awards, applicable Condominium Owners' contributions and Reconstruction Assessment shall be applied to such restoration.
12.4 Major Takings of Condominium Association Property. If the requisite approval is not obtained at the Special Meeting referred to above, or if there is a taking of a portion of one or more Condominiums such that the Condominiums are not capable of being restored without the intended use of the Condominiums being substantially and adversely affected, then the award in condemnation shall be paid to the Condominium Owners of the taken Condominiums; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Condominium Owner's Condominium, in order of priority. The SDH\30447.0001\36273 l.4 6/7/2007 -11-
Packet Page. 437
Board shall have the remaining portions of the taken Condominiums razed. The remaining portions of the taken Condominiums shall become part of the Condominium Association Property, and the Condominium Owners of such taken Condominiums, by acceptance of the award allotted to them in taking proceedings, relinquish (a) to the other Condominium Owners, on the basis of their relative Condominium Ownership of the Common Area therein, such Condominium Owners' undivided interest in the Common Area, and (b) to the Association, the remaining portions of the Condominiums. Each Condominium Owner relinquishing his interest in the Common Area pursuant to this Section shall, at the Board's request and at the Association's expense, execute and acknowledge such deeds and other instruments which the Board considers necessary or convenient to evidence such relinquishment. Each Condominium Owner of a taken Condominium is not liable for Assessments under the Declaration (and this Supplemental Declaration) which accrue on or after the date such Condominium Owner accepts his condemnation award.
13. Unsegregated Real Property Taxes. To the extent not assessed to or paid by the Condominium Owners, the Association shall pay all real and personal property taxes and Assessments levied on the Condominium Properties. If any Condominiums are taxed under a tax bill covering more than one Condominium, then each Condominium Owner shall pay his share of any installment due under the tax bill to the Association at least ten (10) days before the delinquency date. The Association shall transmit the taxes to the appropriate tax collection agency on or before the delinquency date. The Association shall allocate taxes among the Condominium Owners and their Condominiums, based on the percentage share of Common Expenses allocated to each Condominium as compared to the total number percentage of Common Expenses allocated to all Condominiums subject to the unsegregated tax bill. The Association shall, at least forty-five ( 45) days before the delinquency date of any tax installment, deliver to each Condominium Owner a copy of the tax bill, along with a written notice setting forth the Condominium Owner's obligation to pay his share of the tax installment and the potential additional charges to the Condominium Owner for failure to comply. The Association shall pay the taxes on behalf of any Owner who does not pay his share. The Association shall add to the Annual Assessment of a delinquent Owner the amount of any sum advanced, plus interest at the rate often percent (10%) per annum and any amount necessary to reimburse the Association for any penalty or late charge actually assessed in connection with the tax bill, which late charge results from the failure of the delinquent Condominium Owner to make timely payment of his share of the taxes.
14. Conflicts. In the event of any conflict between any provision of the Declaration and any provision of this Supplemental Declaration, this Supplemental Declaration shall prevail and control.
15. Amendment.
15.1 Amendment by Declarant. So long as Declarant owns all or any portion of the Condominium Properties, this Supplemental Declaration may be amended by Recording a written instrument signed by Declarant setting forth such amendment. Such amendment by Declarant shall not require the approval of the other Owners.
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15.2 Amendments by Owners. The provisions of this Supplemental Declaration may be amended by Recording an instrument, signed and acknowledged by Declarant (for so long as Declarant owns a Condominium Unit in the Condominium Properties) and two (2) officers of the Association, setting forth the amendment and certifying that such amendment has been approved by (a) Owners representing more than fifty percent (50%) of the voting power of the Association, (b) Condominium Owners representing more than fifty percent (50%) of the voting power of the Condominium Owners, and (c) the requisite percentage of holders and insurers of first Mortgages encumbering the Condominium Properties, in the case of those amendments which this Supplemental Declaration requires to be approved by first Mortgagees, as described in Section 15.3 below. Amendments shall be effective upon Recordation. So long as Declarant owns a Lot or Condominium Unit in the Properties there shall be no amendment to the Restrictions without Declarant's written approval.
15.3 Approval of First MortgageesNotwithstanding anything to the contrary in Section 15 .2 above, any of the following amendments, to be effective, must be approved by more than fifty percent (50%) of first Mortgagees of Condominium Units who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees, based upon the Percentage Share of Condominium Common Expenses allocated to a Condominium Unit pledged as security for the respective first Mortgage: (a) any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to Beneficiaries of first Mortgages of Condominium Units; (b) any amendment which would necessitate a Mortgagee after it has acquired a Condominium Unit through foreclosure to pay more than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure; ( c) any amendment relating to the insurance provisions of this Supplemental Declaration, the application of insurance proceeds or the disposition of any money received in any taking under condemnation proceedings; ( d) any amendment which would or could result in termination or abandonment of the Condominium Properties or partition or subdivision of a Lot in any manner inconsistent with the provisions· of this Supplemental Declaration; and/or (e) any amendment which would or could result in (i) an encumbrance being cancelled by forfeiture, or (ii) an individual Condominium Unit not being separately assessed for tax purposes ..
Any approval by a holder of a first Mortgage required under this Section 15 .3 must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder does not submit a written response to the notice.
SDH\30447.0001\362731.4 6/7/2007 -13-
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Declarant has executed this Supplemental Declaration as of the date set forth below.
Dated: J (AM'--= I '2- , 2007
SDH\30447.0001\362731.4 6/7/2007
WA TERMAN BP, LLC, a California limited
liability company
By: SEVENTH STREET DEVELOPMENT,
LLC, a California limited liability company
Its: Manager
By:
Its:
-14-
Packet Page. 440
STATE OF CALIFORNIA )
) ss
COUNTY OF L@ ~w
On ..)'--'t\ o ~ \ 1- , 200]_, before me, -~e,~(}«.:.:Yic....c0.-=------_\(-1-•-1)-=-=--n--'--'7.QS---==----'' Notary Public, personally appeared __ ....::C..~'Yi~<A-~~-~...\-----=h.J--=....:.v.....!V'\!........!...!.;-=~:...5!.....-______ _ personally known to me (~r f>FO¥@a te me on the basis of satisfact6fj' evidefl:cc) to be the perso~ whose namets') isfttre subscribed to the within instrument and acknowledged to me that hefsfleftiirey executed the same in hisfher/tneir authorized capacity(ics), and that by hi~/their signaturets) on the instrument the personfs'), or the entity upon behalf of which the perso~ acted, executed the instrument.
WITNESS my hand and official seal.
SDH\30447.0001\362731.4 6/7/2007 -15-
CMA ,. DIIJOI I
comm1111on ti 1706311
t We • Callfomle
(SEAL)
Packet Page. 441
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:
Name of Notary ___ ___,,,~=-.;;;.:.....:tA..=-=.._'l....<.....,:..____.D -<....l.o...J· .... 2""""""0 .... S~---------- Commission Number ___ 1_7..........,,D~(p~3'-~~7~------------- • Date Commission Expires. __ _,Nc.......:....J/J~V_•______,(h...__,Qoe-,,-->e-d::--'0=--cl---'O=----------- 7 County Where Bond is Filed, __ ___.:;_L-__:o:...;.s=------'-A-Yl.:....:......_,5,....._,d=..:....::.~..::=<...----------- Place of Execution of this Declaration =Irv....:...:.:.ain=e,_C=A'-'--"'9=2-=-61=-4.,__ ____________ _ LandAmerica Commercial Services
Packet Page. 442
SUBORDINATION
The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated October 24, 2005, and recorded on October 27, 2005, in the Official Records of San Bernardino County, California, as Instrument No. 2005-0807833, which Deed of Trust is between Waterman BP, LLC, a California limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and JPMorgan Chase Bank, N.A., as Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'') and to all easements to be conveyed to the Association in accordance with the Declaration. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Condominium Properties by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in . . or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall remain in full force and effect. - Dated: ..) v.f' < ) 3
SDH\30447.000 I \362731.4 6/7/2007
, 2007 JPMORGAN CHASE BANK, N.A.,
a national banking ass ciation
By:
By:
-16-
Packet Page. 443
ST ATE OF CALIFORNIA )
) ss
) i.~ 1 /
On :-S, 1 l'.\l. I':> , 200l, before m~, .~') A -~~bJCo.u ,£,,~ • Notary Public, personally appeared EDt .,_10 U) ,r;. (~ ... ~ 1 VtCL ~c{a4 ,
personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
ST A TE OF CALIFORNIA
COUNTYOF'/'lA.o._1.'~
)
) ss
)
OW, I/\L l~ , 200:1, before ..
(SEAL)
Notary Public, personally appeared _L.!.!' "~~.b.:..~~~~~.:U~-lL-~:___µ~~l.lUA.A:___ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my h d and official seal.
,
(SEAL)
SDH\30447.0001\36273l.4 6/7/2007 -17-
Packet Page. 444
EXHIBIT "1"
CONDOMINIUM ASSOCIATION PROPERTY
The ':Association Property" as defined and described in the Condominium Plan recorded on .:::fun., -c51,7 _, 2007, as Instrument No. ol/JIJ7-t75$'tJ.;24'"~uch Association Property includes, without limitation, Common Walls, other bearing walls, roofs, all other structural elements of the buildings in which the Condominium Units are located; the parking and landscape areas located on Lots 1 and 2 of Tract 18083; the water and sewer systems serving such Lots 1 and 2 ( excluding storm drain catch basins and related filter systems located on Lot 1 ); and the exterior lighting located on Lots 1 and 2.
The parkway landscaping within the right-of-way bordering Lots 1 and 2 of Tract 18083.
The Condominium Association Property includes for maintenance purposes the "City Property" as defined in, and subject to the terms and conditions of, the Easement Deed and Agreement between Declarant and the City of San Bernardino recorded in the Official Records of San Bernardino County, California, on Oct. ~ , 200·6, as Instrument No. 20DD-O<c8~03S-:
The Individual Building Fire Water Systems (including, without limitation, monitoring equipment) for Lots 1 and 2 of Tract No. 18083.
SDH\30447.0001\362731.4 6/7/2007
Packet Page. 445
SDH\30447.0001\362731.4 6/7/2007
EXHIBIT "2"
LOADING AND PARKING AREA
Packet Page. 446
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PROPERTY
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(PUBLIC STREET) -----
EXHIBIT 2 - LOADING AND PARKING AREAS
~ LOADING AND P.ARKING AREA
--
-- -
Ill
Ill
----
DATE: 4.27.2007
Packet Page. 447
EXHIBIT "3"
PERCENTAGE SHARE OF CONDOMINIUM COMMON EXPENSES
Percentage Share of
Condo Unit Condominium Common Ex~enses
A-1 6.20%
A-2 3.06%
A~3 3.10%
A-4 3.10%1
A-5 3.06%
A-6 3.06%
A-7 3.08%
A-8 3.08%
A-9 3.06%
A-10 3.06%
A-11 3.10%
A-12 3.10%
A-13 3.06%
A-14 5.33%
B-1 6.65%
B-2 3.15%
B-3 3.19%
B-4 3.19%
B-5 3.15%
B-6 3.15%
B-7 3.17%
B-8 3.17%
B-9 3.15%
B-10 3.15%
B-11 3.19%
B-12 3.19%
B-13 3.15°/o
B-14 6.90%
Total 100%
SDH\30447.0001\362731.4 6/7/2007
Packet Page. 448
From: Susan Kang
To: Craig Furniss; Scott Furniss
Cc: [email protected]; Brandon Smith
Subject: Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Date: Thursday, August 18, 2022 4:54:22 PM
Attachments: image002.png
Craig- please see submittal from ADESA. Again, we will agree to your conditions. Please provide us with a letter we can provide to city planning. Thank you.
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution
is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 4:44 PM
To: Gustavo Orozco <[email protected]>; Susan Kang <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Gustavo,
I just sent an email to everyone with the necessary responses. As discussed, ADESA has agreed to the conditions as proposed by Craig (ref: 9/1/22) date and I have updated the letter to say that.
Please also realize, getting the posts up are CRITICAL. Susan noted that there MAY (not guaranteed) leniency from Craig if progress is shown.
Get those post up immediately, have Maya coordinate directly with Ed at SGE to ensure he does Packet Page. 449
EXACTLY what is shown in the drawing.
Thank you,
Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com
From: Gustavo Orozco <[email protected]>
Sent: Thursday, August 18, 2022 1:53 PM
To: Brandon Smith <[email protected]>; Susan Kang <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <nacho@practicalsolutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Hey Brandon,
Sorry for not being able to answer earlier, we were in a meeting and just got out… We understand everything and also we understand that the association will not put anything written for the city until we agree to their 9 points…
As Carig says we agree to the 7 first points but we would like to request if it’s possible as a favor to start this until 9/8/2022… we know beforehand that everything with Airgais will be ready until 9/20/2022 so it is a lot of Money that Adesa needs to pay to association, let’s try it and see if they are willing to cooperate with one extra week, if not we’ll have to agree, we have no other choice… hopefully they will understand…
Regards.
Packet Page. 450
From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 9:44 AM
To: Susan Kang <[email protected]>; Gustavo Orozco <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <nacho@practicalsolutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Gustavo,
I suggest we agree to 9/1 and proceed with EZ pad procurement. Let’s move as fast as we discussed with AirGas and then eventually, plan check will occur.
Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com
From: Susan Kang <[email protected]>
Sent: Thursday, August 18, 2022 12:39 PM
To: Brandon Smith <[email protected]>; [email protected]; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Brandon, that’s not how I read Craig's email. He is not lifting his block with the planners for ADESA, esp without an agreement with us. So that needs to be step 1 in my opinion.
ADESA- Craig sent the email Mon. It's Fri now! Please respond to my 8/15 email.
Thank you.
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
Packet Page. 451
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 9:30:43 AM
To: Susan Kang <[email protected]>; [email protected] <[email protected]>; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Susan,
The City will need something in writing from the Association to permit plan checking on the EZ Pads.
ADESA is willing to install the EZ Pad design with the understanding it’s “not permitted” right away, but the Association will need to communicate to the city that it’s ok to review the plans.
Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com
From: Brandon Smith
Sent: Thursday, August 18, 2022 12:26 PM
To: Susan Kang <[email protected]>; [email protected]; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Alberto/Gustavo,
Your call here. But make the call quick.
Brandon Smith
Director of Operations
Packet Page. 452
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com
From: Susan Kang <[email protected]>
Sent: Thursday, August 18, 2022 12:18 PM
To: [email protected]; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]>; Brandon Smith <[email protected]> Subject: Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital See below and Please let me know today. He will not move on the 9/1 deadline.
You guys are moving too slow!
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
From: Craig Furniss <[email protected]>
Sent: Thursday, August 18, 2022 6:45:46 AM
To: Susan Kang <[email protected]>
Cc: [email protected] <[email protected]>; Scott Furniss <[email protected]>; 'Alberto de Santiago' <[email protected]>; Brandon Smith <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
HI Susan
Packet Page. 453
Please note that the first 7 conditions are precisely the same as what you and Adesa already agreed to in the attached Administrative Development Permit with the City of San Bernardino (see conditions 19-25 on page 6 of the attached permit from the City). Nothing new here. Additionally, we will require Condition of approval #26 be observed from the permit: “WBCA requires proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area.” I am sure you and Adesa are already aware of this requirement but I am repeating it here to make sure.
There is nothing new here, other than the changes Adesa is making. We don’t understand why it is taking so long to respond especially given the limited time to complete the improvements.
Please respond today. Extensions to the September 1 date will not be granted.
Thanks
Craig
From: Susan Kang <[email protected]>
Sent: Wednesday, August 17, 2022 9:18 AM
To: Craig Furniss <[email protected]>
Cc: [email protected]; Scott Furniss <[email protected]>; 'Alberto de Santiago' <[email protected]>; Brandon Smith <[email protected]> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Craig, I’m in connect with ADESA. We are aligning on your concerns and the 9 conditions. We will get back to you soon.
Thanks
Susan
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
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From: Craig Furniss <[email protected]>
Sent: Wednesday, August 17, 2022 9:05:51 AM
To: Susan Kang <[email protected]>
Cc: [email protected] <[email protected]>; Scott Furniss <[email protected]>
Packet Page. 454
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Susan
I left a voicemail for you earlier this week. I have not heard back from you regarding my email from Monday. Time is of the essence in this matter. Please respond.
Thank you
Craig
From: Craig Furniss
Sent: Tuesday, August 16, 2022 12:14 PM
To: Susan Kang <[email protected]>
Cc: [email protected]; Scott Furniss <[email protected]> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Our field measurement this morning indicates that the dimension shown as 15’4” by us on the marked up SP2 plan (from face of existing curb to the edge in line with the curb in the parking lot) is actually approximately 16’ so you should be able to have as much as 14” from the face of curb to the post (this is the dimension we label as 6” or greater). Please verify but if true, there should be no issue here. Please show requested dimensions on updated plan submitted for approval.
From: Craig Furniss
Sent: Monday, August 15, 2022 2:22 PM
To: Susan Kang <[email protected]>
Cc: [email protected]; Scott Furniss <[email protected]> Subject: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Susan:
Thank for the more complete submittal. Unfortunately, it does not address the comments in our August 4, 2022 email to you in the following respects:
1. Modified Slab Design is still proposed – the submittal still proposes a new slab design requiring a higher (12.5’) screen wall and a resubmittal to San Bernardino. Revisions from the prior submitted plans are not highlighted as we requested.
2. Distance Between Columns and curb not shown on Detail 1 of SP2 as we specifically requested. Please see attached mark up. Please field verify the minimum existing dimension in the field of 15’4”. We believe the enclosure will protrude 4” beyond the curb into the parking lot toward the building. Is this acceptable to you and the city? WBCA will allow this 4” protrusion. Please show this accurately on the plan. We require a minimum of 6” from edge of column to the curb as shown in the mark up. The post is 5” wide. An alternative Packet Page. 455
might be to mount the posts on the curb if you are not able to protrude the enclosure into the parking lot.
3. Tree Type and Root Barrier on LP-1/Trees - The following note was added to LP-1 “Deeproot LB 18‐2 Linear Root Barrier, 18” Deep x 24” Long segments, installed per manufacturer’s instructions”. Deeproot has a linear root barrier system called “UB” (not LB). Is this what is being specified? If so, we request Deeproot “UB 36-2” be used so that a 36” root barrier is created. Additionally, please show the linear placement of the root barrier to be, at a minimum, the “L” shape root barrier system we marked on LP-1. Finally, we noted that Catalina Cherry has been specified for the tree replacement for the Ficus. Would you please discuss with your landscape architect the use of five 24” box Photinia x Faseri (Red Robin) instead? If used, the Photonia should be spaced 2.5’ apart (this would make a 12.5’ wide hedge) and centered on the 14’ wide enclosure wall. The photinia should be a minimum of 2’ from the transformer wall and 2’ from the trash enclosure wall. The concern with the Catalina Cherry is that it bears fruit (which could attract rodents and foul the storm drain trench). Catalina Cherry trees also grow to 40’ high. We are told that Photinia are drought tolerant and grow 9-12’ tall. We are open to input from your landscape architect on this but feel Photinia might be a better fit.
If the applicant (Building Owner S&E Investments) agrees to the 8 conditions of approval below (which will be incorporated into an approval letter acknowledged by Owner (S&E Investments)), then for the sake of expediting the resolution of this issue, we will agree to allow the modification to of what you refer to as “EZ Slab” and the higher 12.5” enclosure wall if you (S&E Holdings). (Note the first 7 conditions below are already included in Adesa’s Administrative Development Permit with the City of San Bernardino.) Our final approval (if issued) will include an agreement between the Building Owner (S&E Investments) and the Waterman Business Owners Association (WBCA) with a complete set of plans attached evidencing this acceptance.
1. Applicant and any of its tenants shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner.
2. Bobtail and semi-trucks will park, load and unload only in the areas designated on Exhibit A.
Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours.
3. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building.
4. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans approved by Waterman Business Center Association (WBCA).
5. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests.
6. No utility lines will be mounted on the exterior of the building.
7. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered.
8. As requested numerous times by WBCA, Applicant shall remove the unapproved LIN that is currently on the property no later than 9/1/22. For each day of delay beyond this date, applicant (owner of building) shall pay WBCA $250/day for the first 7 calendar days, $500/day Packet Page. 456
for the next 7 calendar days, and S1,000 for any days beyond 14 calendar days.
9. All costs of WBCA plan reviews are paid current and any future costs associated with plan review and construction compliance or delays (per #8 above) are paid within 30 days of invoicing.
Thank you
Craig
Craig Furniss
Waterman Business Center Association
By: Seventh Street Development, its manager
328 E Commercial Road #107
San Bernardino, California 92408
Phone: 562/427-7718
Fax: 562/427-7774
Email: [email protected]
From: Susan Kang <[email protected]>
Sent: Friday, August 12, 2022 2:46 PM
To: Craig Furniss <[email protected]>; Scott Furniss <[email protected]> Cc: [email protected]
Subject: Fwd: Final submital
Sorry about that. Here are the attachments.
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution
is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
Packet Page. 457
From: Gustavo Orozco <[email protected]>
Sent: Friday, August 12, 2022 2:41:02 PM
To: Susan Kang <[email protected]>
Subject: Final submital
THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Here you go Susan…
Regards.
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HEARINGS AND APPEALS – 19.52
IV-19.52-1 June 2022
CHAPTER 19.52
HEARINGS AND APPEALS
Section Page
19.52.010 Purpose ....................................................................................................... IV-19.52-1
19.52.020 Application Processing .............................................................................. IV-19.52-1
19.52.030 Director Investigation ................................................................................ IV-19.52-2
19.52.040 Hearing Procedure ..................................................................................... IV-19.52-2
19.52.050 Notice of Decision – Director and Development Review Committee .......... IV-19.52-2
19.52.060 Notice of Decision – Commission ............................................................... IV-19.52-2
19.52.070 Notice of Decision – Council ...................................................................... IV-19.52-3
19.52.080 Effective Date ............................................................................................ IV-19.52-3
19.52.090 Appeal of Action ........................................................................................ IV-19.52-3
19.52.100 Filing of Appeals ........................................................................................ IV-19.52-3
19.52.110 Notice of Appeal Hearings ......................................................................... IV-19.52-4
19.52.120 Effective Date of Appealed Actions .......................................................... IV-19.52-4
19.52.130 Reapplication ............................................................................................. IV-19.52-4
19.52.140 Reconsideration .......................................................................................... IV-19.52-4
19.52.010 PURPOSE
These provisions specify procedures for hearings before the Council, Commission, Development Review Committee (DRC) and Director and appeals of any requirement, decision or determination made by the Director, DRC or the Commission.
19.52.020 APPLICATION PROCESSING (MC 1574 5/4/22)
Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091, and 66451.3.
Not less than 10 days before the date of a hearing, public notice shall be given of such hearing by the following methods:
1. By one publication in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body;
2. By mailing, 10 days prior to said hearing, postage prepaid, to the owners and tenants (residential and business) of a property within a radius of 1,000 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners and tenants (residential and business) as shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. The list of property owner and tenant (residential and business) addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant or a title insurance company.
Packet Page. 507
HEARINGS AND APPEALS – 19.52
IV-19.52-2 June 2022
The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and the notice shall be prepared in English and Spanish.
3. In the event that the number of owners and tenants (residential and business) to whom notice would be sent is greater than 1,000, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and
4. By mailing, 10 days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.
The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body. Notice is deemed received 2 days after date of postmark.
19.52.030 DIRECTOR INVESTIGATION
The Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Development Code and the General Plan. The Director shall report the findings to the DRC, Commission or Council as appropriate.
19.52.040 HEARING PROCEDURE
Hearings as provided for in this Chapter shall be held at the date, time, and place for which notice has been given as required in this Chapter. The summary minutes shall be prepared, or audio tape made and filed in the Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.
19.52.050 NOTICE OF DECISION – DIRECTOR AND DEVELOPMENT
REVIEW COMMITTEE
The Director and/or the DRC shall announce and record their respective decisions at the conclusion of each required hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
19.52.060 NOTICE OF DECISION – COMMISSION
The Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.
Packet Page. 508
HEARINGS AND APPEALS – 19.52
IV-19.52-3 June 2022
Following the hearing, a notice of the decision of the Commission, and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
The recommendation with findings of the Commission for the following applications shall be transmitted to the Council for final action:
1. Specific Plans;
2. General Plan Amendments, text or map;
3. Development Code Amendments;
4. Development Agreements; and
5. Surface Mining and Land Reclamation Plans.
19.52.070 NOTICE OF DECISION – COUNCIL
The Council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.
Following the hearing, a notice of the decision of the Council and any conditions of approval shall be mailed by the City Clerk to the applicant at the address shown upon the application.
The decision of the Council shall be final.
19.52.080 EFFECTIVE DATE
Director approved Development Permits shall become effective upon approval, unless appealed.
Minor Exceptions, Variances, all other Development Permits, and Conditional Use Permits, shall become effective 15 days following the final date of action (i.e., approval) by the appropriate review authority. Specific Plans, General Plan Amendments, Development Code Amendments, Development Agreements, and Surface Mining and Land Reclamation Plans shall become effective 30 days following the final date of action (i.e., adoption) by the Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment.
19.52.090 APPEAL OF ACTION
Any determination or action taken by the Director or the DRC may only be appealed to the Commission. In a similar manner, any action taken by the Commission to approve or disapprove an application may be appealed to the Council. Any determination or action taken by the City Engineer may only be appealed directly to the Council.
19.52.100 FILING OF APPEALS
All appeals shall be submitted to the Department on a City application form, and shall specifically state the basis of the appeal. An appeal of a Director or DRC action shall be filed with the Packet Page. 509
HEARINGS AND APPEALS – 19.52
IV-19.52-4 June 2022
Department within 15 days following the final date of action for which an appeal is made. An appeal of a Commission decision shall be filed with the Department within 15 days following the final date of action for which an appeal is made.
An appeal of a City Engineer action shall be filed in the office of the City Clerk. All appeals relating to subdivision matters shall be made within 15 days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 19.32 (Applications and Fees).
19.52.110 NOTICE OF APPEAL HEARINGS
Notice of an appeal hearing shall conform to the manner which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.
19.52.120 EFFECTIVE DATE OF APPEALED ACTIONS
An action of the Director or DRC appealed to the Commission shall not become final until upheld by the Commission. An action of the Commission or City Engineer appealed to the Council shall not become final unless and until upheld by the Council.
19.52.130 REAPPLICATION
When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of 15 days has elapsed following the written notice of decision.
19.52.140 RECONSIDERATION
If more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 19.52.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant.
Packet Page. 510
Appeal 24-06 of Appeal 24-05
Presented by: Community Development and Housing Department Packet Page. 511
Location/Zoning Map 379 E. Industrial Way
Packet Page. 512
Aerial Map – Waterman Business Center
Packet Page. 513
Site Layout
Packet Page. 514
Background
There are two parties to this appeal. Appellant II, Carney Mehr Law, representing ADESA International, a frozen food manufacturing company, doing business at 379 E. Industrial Way, in theWaterman Business Center. Appellant I, The Waterman Business Center Association is the building owners’ association responsible for, among other duties, enforcing theWaterman Business Center’s CC&Rs and other Rules and Regulations forthe 12-building Waterman Business Center.
Packet Page. 515
Background
Appellant II is appealing Planning Commission’s decision of an appeal filed by Appellant I.
Appellant I’s appeal was approved by the Planning Commission on November 12, 2024.
Appellant I’s appeal was predicated on the removal of certain conditions of approval from Administrative Development Permit (ADP) 22-020 (Attachment E). ADP 22-020 was issued for the installation of an approximate 9,000-gallon liquid nitrogen tank, including Conditions of Approval numbers 20-26. There are no other businesses within the center with 9,000-gallon nitrogen tanks.
Packet Page. 516
Background
This is the Nitrogen Tank in question: Staff’s position was that special conditions were necessary because of the size and location of the tank.
Packet Page. 517
Conditions of Approval
(20) Bobtail and semi-trucks will park, load, and unload only in the areasdesignated. The Applicant will limit semi-trucks access/egress to and from the lot tobetween the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outsideof these hours.(21) Applicant agrees to screen the Liquid Nitrogen Tank in accordance with theplans approved by WBCA and the metal screening material will be painted to matchthe main building field color of 379 E Industrial Building. (22) Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA .
Packet Page. 518
Conditions of Approval
(23) Applicant agrees to properly and promptly dispose of all waste to minimizeodors and pests.(24) No utility lines will be mounted on the exterior of the building.(25) The storm drain trench (which is WBCA property) is to remain undisturbedbefore, during and after construction. The storm drain flow of the lot will bemaintained and not altered.(26) In addition to these conditions, WBCA is requiring proper notice (minimum 3business days) and insurance before starting construction over, near, under, aroundthe fire water main that runs through the proposed construction area.
Packet Page. 519
Appeal Process
These conditions were added to ADP 22-020. ADESA protested addition of the conditions and Planning Staff removed them.Appellant I protested and appealed removal of the conditions.Appellant I’s protest and appeal was not processed until a new Department Director was in place.
To avoid litigation, the Director official allowed the appeal to go forward.The Planning Commission heard the Appeal on November 12, 2024, after continuance from an earlier meeting.
Packet Page. 520
The Appeal
Planning Commission approved the appeal which would restore the conditions of approval.
Appellant I wants the Conditions 20 -26 of ADP 22-020 reinstated because ADESA was andis still in violation of the conditions of ADP 22-020. Appellant II claims that the Planning Commission should not have heard the appeal because it was processed late.
Appellant II also contests adding the conditions in the first place because they were tenant/landlord issues and not City issues. Also claims that no other uses in the complexhave those conditions attached.
Packet Page. 521
The Appeal –Planning Rationale
The Conditions of Approval that were imposed do not do anything extra for the permit.
The Administrative Development Permit already covered all the concerns.The addition or the removal of the Conditions of Approval 20-26 isn’t substantial, the Cities implemented Conditions covered all concerns in the firstplace.
Packet Page. 522
Appeal Procedure
Per San Bernardino Municipal Code Section 19.52.100,
appeals shall be filed within 15 days of the decision renderedand accompanied by a filing fee specified in Chapter 19.32(Applications and Fees). On July 24, 2023, the WBCA wrote a letter (Attachment 13), appealing the removal of the conditions; the letter was notprocessed subject to the requirements of the San BernardinoMunicipal Code Section 19.52.090 – 19.52.120 Packet Page. 523
Appellant I’s Site Photos – Parking violation
Violations
Packet Page. 524
Appellant I’s Site Photos – Parking violation
Violations
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Appellant I’s Site Photos – Parking violation
Violations
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Appellant II’s Exhibits
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Appellant II’s Exhibits
Packet Page. 528
Recommendation
1.Adopt a Resolution denying Appeal 24-06, thereby sustaining Planning Commission’s approval of Appeal 24-05OR2. Adopt a Resolution approving Appeal 24-06, thereby denying the Planning Commissions approval of Appeal 24-05 The Mayor and City Council
Packet Page. 529
Questions
This concludes staff’s presentation. Staff is happy to answer any questions the Mayor and City Council may have.
Packet Page. 530
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3954427
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
HRG - NOTICE OF HEARING
Appeal 24-06
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
08/09/2025
08/10/2025
SAN BERNARDINO
!A000007175532! Email
NOTICE OF PUBLIC HEARING
BEFORE THE MAYOR AND
CITY COUNCIL
Notice is hereby given that the City
of San Bernardino Mayor and City
Council will hold a public hearing on
Wednesday, August 20, 2025 at 5:00
p.m.in the Feldheym Public
Library, Bing Wong Auditorium, 555
W. 6th Street, San Bernardino,
California 92410, on the following
item(s):
Appeal 24-06: An appeal of the
Planning Commission's approval of
Appeal 24-05 of Amendment to
Conditions of Approval 23-01 for
Administrative Development
Permit 22-020; in which conditions of
approval numbers 20 (twenty)
through 26 (twenty-six) were
reinstated into the original
Administrative Development
Permit 22-020 for the property
known as 379 E. Industrial Road
located on 0.83 acres (APN: 0141-581- 03), Ward 3.
Environmental Determination:
Statutorily exempt from the
California Environmental Quality
Act under Public Resources Code
Section 21080.17 of the State CEQA
Guidelines.
Appellant: ADESA International,
LLC and SCE Investments, LLC
The Mayor and City Council of the
City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City
Council will review the proposal and
will consider the proposed environmental determination in making its decisions. The public is
welcome to speak at the public
hearing or to submit written
comments prior to the hearing. For
more information, please contact
the City Clerk's Office by phone at
(909) 384-5002. If you challenge the resultant action
of the Mayor and City Council in
court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the
public hearing.
8/9/25
SBS-3954427#
Packet Page. 531
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Approval of the Draft Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) to
the US Department of Housing and Urban Development
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing on the draft Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report; and
2. Authorize its submission to the United States Department of Housing and Urban Development; and
3. Authorize the City Manager or designee to take any further actions and execute any additional documents necessary to effectuate the submission of the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report.
Executive Summary
Each year, the City of San Bernardino is required to submit its accomplishment data for the Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Shelter Grant (ESG) programs to the Department of Housing and Urban Development (HUD) via the Consolidated Annual Performance and Evaluation Report (CAPER). These funds support a range of initiatives, including affordable housing projects, services for the homeless, and public infrastructure improvements such as parks, street reconstruction, sidewalks, and curbs. The CAPER functions as the City’s annual evaluation, measuring progress toward the goals and objectives established in both the Five-Year Consolidated Plan and the Annual Action Plan. The effectiveness of these investments is evaluated based on the number and types of beneficiaries, primarily focusing on those with low to moderate incomes who Packet Page. 533
receive assistance from public funding. The submission of the accomplishments must be approved by the Mayor, City Council, and a public hearing must be conducted.
Background
The CAPER is a federally required report submitted each year to HUD by jurisdictions that receive federal entitlement grant funding under programs such as CDBG, HOME, and ESG. These programs are administered by the City of San Bernardino’s Community Development and Housing Department’s Housing and Homeless Services Division.
The CAPER serves as a year-end review of the City’s progress toward meeting the goals and objectives outlined in the Five-Year Consolidated Plan and the Annual Action Plan. It provides both quantitative data (e.g., number of households assisted, public services provided, housing rehabilitated) and qualitative analysis describing how federal funds were used to address priority community needs, particularly for low- and moderate-income residents. In addition to reporting data on federally funded program resources, expenditures, activities, and recipients of funding, the CAPER also outlines the City’s actions in reducing homelessness, providing fair housing supportive services, addressing barriers to the availability of affordable housing, serving lowmoderate income residents and reducing poverty to further the goals and objectives outlined in the City’s FY24 Annual Action Plan (AAP).
Consolidated Plan
Every year, the City receives CDBG, HOME, and ESG program funds from HUD. The purpose of the funds is to assist the City in meeting the affordable housing and community development goals and objectives in the City’s Five-Year Consolidated Plan, particularly for persons and families of low- to moderate-income.
In order to identify the areas of greatest need and highest priorities in the community, the City undertakes a planning process known as the Consolidated Plan Cycle. This process is documented by three reports:
1. One Five-Year Consolidated Plan;
2. Five Annual Action Plans; and
3. Five Annual CAPERs.
The Consolidated Plan serves four primary functions:
1. It is a planning document for the community that is built upon public participation and input.
2. It serves as the application for HUD’s formula grant programs (CDBG, HOME, and ESG), which focus on providing decent housing, suitable living environments, and expanded economic opportunities for low-and moderateincome families.
3. It identifies the City’s needs in the areas of housing, homelessness, community development, and economic development, and puts forward the City’s strategies and timetables for addressing those needs; and Packet Page. 534
4. It serves as a five-year planning document for the use of HUD funds and the implementation of programs that will meet local needs. The Five-Year Consolidated Plan covered July 1, 2020, through June 30, 2025.
Annual Action Plan
The Action Plan describes specific projects and activities the City will undertake, as well as the financial resources it will use to meet the affordable housing and community development needs for a specific fiscal year. The 2024-2025 Annual Action Plan was approved by the Mayor and City Council on May 15, 2024, and is the fifth and final year of five Annual Action plans under the 2020-2025 Consolidated Plan.
Discussion
CAPER Summary
This report is the fifth and final CAPER under the 2020/2025 Consolidated Plan, which outlines the City’s actual accomplishments for the period of July 1, 2024, through June 30, 2025. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s 2020/2025 Consolidated Plan.
Programs
During the FY 2024-25 reporting period, the City of San Bernardino received $4,164,936 in funding, of which $2,746,082 is for CDBG, $1,160,208 in HOME, and 258,646 in ESG funds. Any fund balance will be reallocated through a Substantial Amendment to the 2025/26 Annual Action Plan or the 2026-27 Annual Action Plan.
CDBG-CV funds were strategically leveraged with American Rescue Plan Act (ARPA) and Permanent Local Housing Allocation (PLHA) resources to advance the development of the Interim Emergency Shelter, maximizing federal and state investments to address homelessness.
The City made progress toward meeting its long-term goals. The FY24-25 CAPER contains detailed descriptions of annual goals and accomplishments City staff aimed to achieve. The FY24-25 CAPER indicates there was activity in fair housing/landlordtenant assistance, street outreach, homeless prevention, improvement of facilities and infrastructure, and planning and administration.
Goals and Accomplishments
Activity Source/
Amount
Unit of
Measure
Expected
Goal
Actual
Goal
Funds
Expended
Fair Housing CDBG:
$80,000
Persons
Assisted 575 947 $80,000
HOME (OORP) CDBG:
$920,000 Projects 20 0 $0
Provide Homeless
and Homeless
Prevention
CDBG:
$325,000
CDBG-CV:
$540,401
ESG:
Persons
Assisted 350 441
CDBG:
$291,764.28
CDBG-CV:
$84,985.51
ESG:
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$333,540 $147,650.08
New Affordable
Housing Units
HOME:
$394,842
Units
Under
Construction
193 Pending $0
Promote Economic
Development
Section 108
CDBG:
$745,612.40
Jobs Created/
Retained
Businesses
Assisted
0 0 $745,612.40
Improve Facilities &
Infrastructure
CDBG:
$1,309,341
Persons
Assisted
6,000 6,000 $1,309,341.00
Planning &
Administration
CDBG:
$588,571
HOME:
$146,094
ESG:
$20,517
Positions and
Administrative
Support
Services
$755,182 $755,182
CDBG:
$548,316.40
HOME:
116,020.79
ESG:
$20,517
During FY 2024–25, the City achieved measurable progress toward its Consolidated Plan objectives.
CDBG funds supported:
• Fair housing and landlord/tenant mediation services
• Police Department’s Quality of Life Team dedicated to homeless services • Public infrastructure improvement projects:
o Nicholson Park Community Center
o Encanto Community Center
o Encanto Park
o Ruben Campos Community Center
o Gutierrez Park
o El Sol Neighborhood Educational Center
ESG funds supported:
• Emergency shelter services
• Homelessness prevention services
• Rapid Rehousing Services
CDBG-CV funds provided:
• The City expanded shelter services to San Bernardino residents. The City expended $84,985.51 in CDBG-CV funds to support a motel voucher program, providing temporary interim shelter while construction of the permanent Interim Emergency Shelter is underway, with completion anticipated in 2026.
HOME funds were allocated to support the construction of three new affordable homes, which are expected to be completed in FY 25-26. The HOME OORP project was temporarily placed on hold to review program guidelines and to ensure proper implementation. The program is active, with twelve applications tentatively approved pending confirmation of eligibility and other administrative requirements before Packet Page. 536
construction can begin, and another eight applications under review. The Housing Division is collaborating with the Housing Authority of the County of San Bernardino (HACSB) on the Arrowhead Grove Phase IV project, which is projected to deliver 93 affordable housing units, and with Jamboree on the 5th and Meridian development, anticipated to yield 101 affordable housing units. The Department intends to support both projects within the housing pipeline through HOME funding, contingent upon satisfaction of the regulatory requirements for the commitment of funds.
Citizen Participation
Federal regulations require that the FY24-25 CAPER be made available to citizens for public review and for consideration by the City Council at a public hearing on September 17, 2025. In accordance with HUD guidelines, a 15-day notice was published in El Chicano (Spanish) on August 28, 2025, and in the San Bernardino Sun on August 28, 2025, inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, City Clerk’s Office, the City’s Information Center, the City’s Housing Division office, and the Feldheym Library. No public comments were received.
2021-2025 Strategic Targets and Goals
The authorization for submittal of the FY24-25 CAPER to HUD meets Key Target 3:
Improved Quality of Life, specifically Goal 3a: Reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities.
Fiscal Impact
The submission of the CAPER does not have an impact on the City’s General Fund.
The activities described in the CAPER were funded entirely with federal funds from HUD. The submission of the CAPER is a condition for the City to continue receiving federal funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing on the draft Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report; and
2. Authorize its submission to the United States Department of Housing and Urban Development; and
3. Authorize the City Manager or designee to take any further actions and execute any additional documents necessary to effectuate the submission of the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report.
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Attachments
Attachment 1 FY 2024-2025 Consolidated Annual Performance Evaluation Report
Attachment 2 FY 2024-2025 Annual Action Plan
Attachment 3 The 5-Year Consolidated Plan
Attachment 4 FY 24-25 HUD PR06 Report
Attachment 5 Public Notice Proof of Publication - English Attachment 6 Public Notice Proof of Publication - Spanish Attachment 7 PowerPoint Presentation
Ward:
All Wards
Synopsis of Previous Council Actions:
April 15, 2020 FY 2020-2021 HUD Annual Action Plan
April 15, 2020 The 5-Year Consolidated Plan
September 16, 2020 Substantial Amendment to FY 2020-2021 HUD Annual Action Plan
October 6, 2021 FY 2020-2021 HUD Annual Action Plan
July 20, 2022 FY 2022-2023 HUD Annual Action Plan
May 15, 2024 FY 2024-2025 HUD Annual Action Plan
CC: Eric Levitt, City Manager
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FY 2024 – 2025
CAPER
CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT
Community Development and Housing Department
290 N D St, San Bernardino, CA 92401
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City of San Bernardino
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Community Development and Housing Department
290 N D St, San Bernardino, CA 92401
Table of Contents
CR-05 - Goals and Outcomes ....................................................................................................................3 CR-10 - Racial and Ethnic composition of families assisted......................................................................9 CR-15 - Resources and Investments 91.520(a) .......................................................................................10 CR-20 - Affordable Housing 91.520(b)....................................................................................................17 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................21 CR-30 - Public Housing 91.220(h); 91.320(j)...........................................................................................25 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)....................................................................................27 CR-40 - Monitoring 91.220 and 91.230………………………………………………….............................................. 32 CR-45 - CDBG 91.520(c) ..........................................................................................................................36 CR-50 - HOME 24 CFR 91.520(d).............................................................................................................37 CR-58 – Section 3 ....................................................................................................................................41 Acronyms………………………………………………………………………………………………………………………………………… 42 Packet Page. 540
City of San Bernardino
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of San Bernardino (City) is a direct recipient of Community Planning and Development formula grants (e.g., Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG)). As an Entitlement City, the City is required to provide a report to the United States Department of Housing and Urban Development (HUD) on its performance in meeting the housing and community development priorities listed in its approved Five-Year Consolidated Plan. This report is called the Consolidated Annual Performance Evaluation Report (CAPER) and is due to HUD 90 days from the end of each program year. The CAPER outlines the City’s actual accomplishments for the fifth and final program year of the City’s Five-Year Consolidated Plan, of July 1, 2024, through June 30, 2025. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five-Year Consolidated Plan for fiscal year (FY) 2020-2025.
CDBG: Using an amount of $1,700,867, the city successfully carried out its CDBG activities in Program Year (PY) 2024-25. With the funds, the City was able to pursue physical and economic revitalization for jobs, continue supporting the organizations invested in creating sustainable, affordable living environments, as well as engage with local nonprofits and residents in low to moderate income (LMI) areas.
HOME: Using HOME funds, the City preserved and maintained affordable housing units. During the 2024-25 PY, the City completed three units, which are all currently occupied using the $116,021 allocated from HOME funding.
ESG: The City used $328,612 for PY 2024-25 that was used to deliver homeless prevention activities CDBG-CV: On March 27, 2020, the Coronavirus (CV) Aid, Relief, and Economic Security Act (CARES) was signed into law. CDBG grantees undertook new programs with supplemental CDBG Coronavirus Aid, Relief, and Economic Security (CARES) Act (CDBG-CV) Packet Page. 541
City of San Bernardino
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
funding to prevent, prepare for, and respond to the Novel Coronavirus (COVID-19). The city maintained its focus on the goals and objectives already outlined in its Consolidated Plan, but with an emphasis on responding to and preventing the spread of the virus.
However, due to the rapid spread of the virus and constraints on logistics and materials, the bulk of those projects stagnated.
During the 2024-2025 PY, the City used these funds to support community members through Planning and Administration and Public Facility Projects, in addition to maintaining preparedness for any future outbreaks. The City expanded shelter services to San Bernardino residents. The City used $84,985.51 of CDBG-CV funds for the motel voucher program as a temporary interim shelter while construction of a permanent Interim Emergency Shelter is being built which is projected to finish by 2026.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Expand Home
Ownership
Affordable
Housing
HOME:
$350,000
Homeowner Housing
Added
Household
Housing Unit
50 7 14% 8 3 37.5%
Fair Housing
Non-Housing
Community
Development
CDBG:
$80,000
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 5,000 11,353 227.1% 2700 2,161 80%
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City of San Bernardino
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Improve Facilities
and Infrastructure
Non-Housing
Community
Development
CDBG:
$2,600,000
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
160,000 275,890 172.4% 6000 275,790 4600%
New Affordable
Rental Housing
Affordable
Housing
HOME:
$124,187
Rental units
constructed
Household
Housing Unit
300 0 0.00% 0 0 0.00%
Planning and
Administration
Program
Administration
Funds
CDBG:
$588,571
HOME: $
146,094
ESG: $
20,517
Other Other 5 5 100% 1 1 100%
Preserve and
Rehabilitate Housing
Affordable
Housing
HOME:
$920,000
Rental units
rehabilitated
Household
Housing Unit
400 22 0.6% 20 10 0.00%
Promote Economic
Development
Economic
Development
CDBG:
$745,612.40
Businesses assisted
Businesses
Assisted
0 0 0% 0 0 0%
Provide Homeless
and Homeless
Prevention Services
Homeless
CDBG:
$325,000
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
3000 132 40.56% 100 132 132%
Provide Homeless
and Homeless
Prevention Services
Homeless ESG: $
333,540
Homeless Person
Overnight Shelter
Persons
Assisted
3000 480 16% 150 60 40%
Provide Homeless
and Homeless
Prevention Services
Homeless ESG: $
333,540
Homelessness
Prevention
Persons
Assisted
3000 218 7.3% 50 31 62%
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City of San Bernardino
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The City prioritizes the use of its CDBG funds towards community development activities, including the preservation and conservation of affordable housing and activities that serve low- and moderate-income households. City staff continue to achieve the goals and objectives outlined in the Consolidated Plan. Each of the activities planned addresses specific high priority goals identified in the 2020-2024 Consolidated Plan. During the 2024 program year, the City completed the following activities using CDBG funds:
• Fair Housing
o The 2024 Inland Fair Housing Mediation Board (IFHMB) provides activities that assist the City with fair housing including consultation services to tenants and assisted in facilitating mediations between tenants and landlords. Using $80,000 of CDBG funds, 947 residents were assisted.
o The 2022 IFHMB was completed on August 20, 2024. It assisted the residents of the City of San Bernardino with landlord-tenant related issues. The City residents were provided education and mediation for housing related issues including evictions, repairs, security deposits, foreclosure rights, and other landlord-tenant rights and responsibilities.
The program assisted 1,214 people, 98.2% of which are considered low to moderate income. • Improve Public Facilities and Infrastructures
o Various sidewalk improvements located at 10th street between F Street and G Street (1st Ward)- multiple APN- 30,000 SF, 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF, and Rialto Avenue from Mt.
Vernon and Muscott to Bridget (3rd Ward) Multiple APN-180,000 SF. The total population in these service areas are 275,790 and 60.23% are LMI.
• Promote Economic Development
o Asociacion de Emprendedor@s will host workshops and aid micro-enterprise owners in the City to create and launch businesses to eligible LMI micro-enterprise business owners. With $9,559.66 of CDBG funds, the City was able to Packet Page. 544
City of San Bernardino
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
support the Asociacion de Emprendedor@s in assisting 25 persons with workshops, meetings, and seminars designed to help small business owners grow their business.
o The Micro-Enterprise Program provided free assistance and services to micro-enterprise business owners to successfully launch their businesses and grow. The City was able to complete this in July 2024 using $35,000 of CDBG funds and helped 8 businesses.
o The Section 108 Loan Repayment Program to pursue physical and economic revitalization. The City completed and allocated $745,612.40 of CDBG funds to their Section 108 Loan Repayment Program, helping revitalize the local economy, resulting in the creation and retention of 17 jobs. • Provide Homeless and Homeless Prevention Services
o The Quality-of-Life Team members work with the City Police Department (PD) to engage with and support local nonprofits and residents of LMI areas, The City supported the PD Quality of Life Team through $291,764.28 of CDBG funds including equipment needed to assist local businesses, the homeless, and homeless encampments as well as participate in community clean-up activities related to homeless encampments, overall assisting 132 persons. o To reduce homelessness and provide temporary shelter space for households and individuals, the City of San Bernardino collaborated with the Salvation Army to operate two ESG funded projects. The Emergency Shelter- Entry Exit that emphasized housing stability assisted 60 persons in 29 households with $333,540 of ESG funds. Their Homelessness Prevention Program provides targeted financial assistance and housing stabilization services the City aided 31 persons in 11 households with $333,540 of ESG funds.
The following projects are CDBG funded and are currently ongoing:
o Nicholson Park – Originally funded in the amount of $1 million, the playground replacements and existing field were to be converted into a Miracle League Park to be Americans Disability Act (ADA) compliant. In PY 2024, there was a substantial amendment which added $1,736,044.73 for a total of $2,736,044.73 to help serve the LMI area and an expected area of 257,525 residents. During the same PY, the project used $13,154.37 to complete the replacements. o El Sol Recreation and Wellness Center – The City provided $250,000 in CDBG funds to expand the facility and serve vulnerable San Bernardino residents.
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City of San Bernardino
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
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City of San Bernardino
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 1387 3
Black or African American 742 0
Asian 23 0
American Indian or American Native 14 0
Native Hawaiian or Other Pacific Islander 1 0
Total 2,167 0
Hispanic 1,188 0
Not Hispanic 1,070 3
Describe the clients assisted (including the racial and/or ethnicity of clients assisted with ESG)
HESG
American Indian, Alaska Native, or Indigenous 0
Asian or Asian American 0
Black, African American, or African 0
Hispanic/Latina/e/o 0
Middle Eastern or North African 0
Native Hawaiian or Pacific Islander 0
White 0
Multiracial 0
Client doesn't know 0
Client prefers not to answer 0
Data not collected 0
Total 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
During the 2024 program year, a total of 2,318 people were assisted with CDBG funds. Table 2 above indicates a total of 2,167 people but did not include 1 American Indian/Alaskan Native and White people, 2 Black/African American & White people, and 148 other multi racial people.
Out of the 2,318 people assisted, 1248 are Hispanic making up 54% of the total.
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City of San Bernardino
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
The report on the number of people assisted with CDBG funds came from the following activities: Fair Housing (#2410) with 1,214 people, Micro-Enterprise Program (#2404) with 8 people, FY 23/24 Asociacion de Emprendedor@s (#2430) with 17 people, and CDBG FY24/25 San Bernardino PD Quality of Life Team (#2446) with 132 people.
HOME funds were used to assist a total of 3 white households. The funds were allocated to the 2020-21 Infill Housing Program (#2363) for the construction of 3 single family homes on vacant City-owned lots located at 676 West 10th Steet, 815 West Orange Street, and 2129 Wall Street.
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Public - federal 3,266,082 $1,700,867
HOME Public - federal 3,039,200 $116,021
ESG Public - federal 339,146 $328,612
Other Public - federal 0 $155,404
Table 3 - Resources Made Available
Narrative
The figures above represent the total drawn from the CDBG, HOME, ESG, and CDBG-CV programs during the 2024-2025 program year. The City did not expend all the resources made available for the program year.
The City spent a total of $1,700,867 in CDBG funds towards public facilities, fair housing, Economic Development, CDBG program administration and providing homeless services. Some of the CDBG activities funded during this program year include:
• Section 108 loan in the amount of $745,612.40 towards the development of a
17.43-acre commercial property located along Highland Avenue between Arden Streets
• CDBG FY25/26 Inland Fair Housing Mediation Board in the amount of $80,000.00 • CDBG FY25/26 San Bernardino PD Quality of Life Team in the amount of $291,764.28
• Planning and administration in the amount of $559,258.40 HOME funds were spent on FY25/26 HOME Program Administration in the amount of $116,020.79. The City also utilized vacant City-owned lots for the 2020 Infill Housing Program.
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City of San Bernardino
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
The 2020 Infill Housing Activity was completed on January 14, 2025, and it provided 3 single family housing units for first time homeowners.
A total of $328,612 in ESG funds were used towards providing homeless and homelessness prevention services. The ESG activities funded during this program year include:
• Salvation Army Emergency Shelter in the amount of $149,074.82 • Salvation Army Homeless Prevention in the amount of $47,731.41 • Salvation Army HMIS in the amount of $31,907.60
• ESG Administration in the amount of $19,398.45
CDBG-CV funds are indicated as other on table 3. During the program year, the City spent $70,938.51 towards the operating costs for homelessness/AIDs services and $43,417.79 towards general administration and planning.
Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual Percentage
of Allocation
Narrative Description
City Wide 30
Met variety of community
development and housing needs.
LMI Areas of the City 70
Met variety of community
development and housing needs.
Table 4 – Identify the geographic distribution and location of investments Narrative
The funds drawn towards activities during the 2024 PY were invested within the City. All the funds spent during the PY were invested towards various activities that supported public facility improvements, fair housing, homeless services, homeless prevention, economic development, planning and administration. A significant amount of the CDBG funds were used towards the section 108 repayment. The $745,612.40 in the section 108 repayment makes up 44% of total CDBG funds spent. Various public service programs were funded with CDBG and ESG funds to help the City’s low-income residents such as the IFHMB, San Bernardino PD Quality of Life Team, Salvation Army Emergency Shelter, and Salvation Army Homeless Prevention. HOME funds were allocated towards the Owner-Occupied Home Rehabilitation Program (OORP) and affordable home development.
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City of San Bernardino
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
In FY 2024-2025, the City was 100% exempt from its HOME match liability. The City actively attends the Interagency Council on Homelessness meetings as well as the San Bernardino County Homeless Partnership Central Valley Homeless Partnership Network and applying for additional funding when available. The City leverages ESG, CDBG-CV, American Rescue Plan Act (ARPA), and HOME-ARP for homeless shelters, homeless prevention services, and economic development activities:
• The City utilized $4.2 million in HOME-ARP funds for the development of the Navigation Center to provide non-congregate shelter.
• Federal, state, and county resources: $72.7 million to support the City’s Homeless Strategic Action Plan
o $32.7 million for City/County partnerships to increase housing and system capacity o $36.6 million for existing and expansion projects that provide immediate sheltering and service-enriched housing, including the Pacific Village Phase II Expansion, Kern Street Adult Residential Facility Expansion, and Project Room key Continuance o $3.4 million for outreach and engagement services for the unsheltered street population to support the Sheriff’s Homeless Outreach
• El Sol Recreation and Wellness Center - $4.75 million in external funding was leveraged with $250,000 in CDBG funds, including $4.2 million grant from the California Department of Parks and Recreation to renovate the public facility. • Permanent Local Housing Allocation Program (PLHA) Funds: a portion of the $7.8 million over the next four years will go towards ongoing resources for housing and homeless services
• Funded through City ARPA funds, the City of San Bernardino has partnered with the Inland Empire Small Business Development Center (SBDC) to provide a Small Business Grant Program. The Consulting and Grant Program will provide 1:1 consulting and funding to small businesses needing financial assistance to complete façade improvements while overcoming the loss of revenue due to the COVID-19 pandemic.
The City created a Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan, which successor agencies must transfer their properties to. The City intends to retain Packet Page. 550
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CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
some parcels for economic development, sell a number, and retain others for housing. Most of the properties are designed for single-family development, which the City will use to create owner-occupied housing.
In PY 2024, the City used its own lots to build 3 affordable homes for low-income first-time home buyers.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 0
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report
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City of San Bernardino
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
2363
Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
$2,384,131.55 $75,315 $0 $0 $2,459,446.55
Table 7 – Program Income
Packet Page. 552
City of San Bernardino
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Contracts
Number
Dollar
Amount
Sub-Contracts
Number
Dollar
Amount
Total Women
Business
Enterprises
Male
Contracts
Number
Dollar
Amount
Sub-Contracts
Number
Dollar
Amount
Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Dollar
Amount
0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
Packet Page. 553
City of San Bernardino
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired
Businesses Displaced
Nonprofit Organizations
Displaced
Households Temporarily
Relocated, not Displaced
Households
Displaced
Total Minority Property Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number
Cost
Table 10 – Relocation and Real Property Acquisition
Packet Page. 554
City of San Bernardino
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 150 60
Number of Non-Homeless households to be
provided affordable housing units 70 62
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 220 91
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 3
Number of households supported through
Rehab of Existing Units 20 10
Number of households supported through
Acquisition of Existing Units 0 0
Total 20 13
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City of San Bernardino will continue to evaluate and assess the goals and outcomes identified in the 2020-2024 Five-Year Consolidated Plan. For FY 2024, the City successfully utilized ESG funds to provide 60 homeless individuals with access to shelter. Furthermore, 31 individuals who were at risk of homelessness were assisted through housing stabilization and including housing stabilization and short-to-medium-term rental assistance through Homeless Prevention Services.
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There is a gap between the outcome and the projected one-year goal because of the rising cost of operation. During the program year, the City expended 97% of its ESG funds to meet the housing needs of the 91 homeless and at-risk-of-homelessness population.
A new addition of a multi-faceted shelter to help the homeless population, known as the HOPE campus, is still ongoing. This shelter will have the capacity to support 2,000 homeless individuals annually, as well as provide non-congregate accessible emergency housing for 224 homeless individuals. It will connect people to resources, medical respite, mental health, substance disorder counseling, individualized case management, job training and placement, and expanded access to permanent housing. The initial design work for the Shelteris underway, butsome delays have occurred due to changes in city management. Architectural drawings were submitted for state approval by June 3, 2025.
There is also a gap in meeting the number for housing rehabilitation because of the lengthy vetting process to ensure program compliance with HUD regulations. The City allocated HOME funds towards Owner-Occupied Rehabilitation Program (OORP) and partners with Neighborhood Partnership Housing Services, Inc. (NPHS) to administer the program. Through this partnership, the City has completed 10 OORP projects. However, due to the program’s lengthy applicant vetting and construction process, a project takes an average of 1 year to 1.5 yearsfor completion.
Many applicants are currently still in the pipeline, and the City will continue to work towards the completion of more rehabilitation projects with committed funds. During the PY 24-25 the City reviewed 7 applications and finalized 4 applications for the next steps. The City is still in the environmental review process to move forward with the program.
The City was successful in increasing homeownership opportunities for low-income households with the completion of three new affordable homes. The homes were built on the City owned Infill lot located at 676 West 10th St, 815 West Orange St, and 2129 Wall St. Single-family homes consist of manufactured homes and wood frame homes, which are available to income qualified households who meet the 80% Area Median Income limit (AMI). Furthermore, funding from CALHOME was leveraged to assist low-income first-time homebuyers towards their down payment.
Arrowhead Grove, a replacement for Waterman Gardens built in 1943, is a 400-unit multi-family rental unit complex being built in several phases. Three phases if its redevelopment was completed which helped add 31 new affordable units. The Arrowhead Grove replaced the original 252 public housing units with 283 new affordable units and 36 market- rate units. The next phase Packet Page. 556
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CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
will bring additional 92 units of affordable multi-family housing, with groundbreaking projected to occur towards the end of 2025.
Discuss how these outcomes will impact future annual action plans.
The City will continue to assess its progress in meeting its Consolidated Plan goals and objectives and adjust as necessary. Activities that were not completed during the program year will continue to be administered in the following program year until all funds are expended to help low-income households. Additionally, there are several ongoing projects and activities that are being undertaken to meet the goals outlined in the Consolidated Plan. Some of these projects include:
o HOPE Campus Phase 1 – The City aims to provide and expand emergency shelter facilities and homelessness services. The Campus will feature non-congregate shelter units, laundry facilities, kitchen facilities, secure storage for personal items, and supportive services. For PY 2024, the City allocated $1,901,000.00 through CDBG to complete this project.
o Arrowhead Grove - The City has provided the Housing Authority of the County of San Bernardino with a $4.9 million HOME conditional funding commitment to bring 92 additional units of affordable multifamily housing to the community.
The groundbreaking is projected for late 2025.
o The City expanded shelter services to San Bernardino residents. The City used $84,985.51 of CDBG-CV funds for the motel voucher program as a temporary interim shelter while construction of a permanent Interim Emergency Shelter is being built which is projected to finish by 2026.
o 5th & Meridian Affordable Housing Project – The proposed project would add 101 housing units and 8 units to be dedicated for homeless individuals or at risk of homelessness families. The City plans to donate the property and allocate HOME funds for its development.
o NPHS Hillside Infill Development Project – The City is donating 3 city owned lots for the development of single-family homes for low-income families. A total of $350,000 in HOME funds will be used for construction and downpayment assistance to first time homebuyers.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Packet Page. 557
City of San Bernardino
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 1556 0
Low-income 512 3
Moderate-income 224 0
Total 2292 0
Table 13 – Number of Households Served
Narrative Information
The City assisted homeless households, those at risk of homelessness, homeowners, and first home buyers in program year 2024. The City will continue to monitor the progress of activities to work towards meeting its affordable home goals as outlined in the Consolidated Plan.
Overall, the City assisted a total of 2,292 households through activities where income by family size is required to determine the eligibility of the activity. The activity includes Fair Housing, Micro-Enterprise Program, Asociacion de Emprendedor@s, Inland Fair Housing Mediation Board, and the San Bernardino PD Quality of Life Team. Out of the 2,292 households, extremely low-income households make up the majority at 68%.
Packet Page. 558
City of San Bernardino
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
The City collaborated with multiple funding sources to advance several projects, addressing the needs of homelessness and reducing the overall risk. The City of San Bernardino will continue to participate in the goals and objectives of the San Bernardino County 10-Year Strategy, including the Discharge Planning Committee, which focuses on improving coordination between organizations to ensure an implementation plan to prevent individuals from participating organizations from being discharged into homelessness. The City also funds other programs such as the IFHMB, San Bernardino PD Quality of Life Team, Salvation Army Emergency Shelter, and the Salvation Army Homeless Prevention.
The City also supports initiatives that indirectly reduce the risk of homelessness, including investments in affordable housing for low- to moderate-income residents, such as rehabilitation projects and efforts to promote economic development and upward mobility, such as first down payment programs or other workshops intended to increase financial literacy. The City promotes seven agencies that provide home repair and rehabilitation, and four agencies assisting with down payment assistance on their website. The City has also continued with their OwnerOccupied Residential Rehabilitation Program.
The construction of the Homeless Outreach and Proactive Enforcement (HOPE) Campus Phase 1 is still underway, and the City has expanded its agreements with local motels to provide temporary housing for homeless individuals and families experiencing homelessness.
Additionally, the City funds the Interim Emergency Shelter Voucher Program, ensuring that homeless individuals can access no cost, safe, and reliable services. The project is still in its construction phase and is expected to shelter 200 persons once completed in 2026. Additionally, the City participates in the San Bernardino County Homeless Partnership (SBCHP) and provides a tailored approach to target the County's homeless issues. The City has also maintained its efforts to support the HOPE team.
The Community Outreach and Support Team, created for crisis intervention, continues to help those experiencing mental health crises. The City also coordinates with the County Department of Behavioral Health in an ongoing effort to provide resources for people experiencing homelessness and mental health crisis. The Department of Behavioral Health also provides case management services for those in the Golden Apartments project.
Packet Page. 559
City of San Bernardino
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Nearly one-third (29%) of unsheltered adults in the County reported that they first became homeless in the City of San Bernardino. Consequently, reaching the unsheltered population is a top priority for the City, which has invested CDBG funds to provide emergency shelter to over 290 unhoused individuals through motel vouchers. The San Bernardino PD Quality Team used some of their allocated funds to provide 132 motel vouchers.
Addressing the emergency shelter and transitional housing needs of homeless persons The Board of Supervisors approved the Homeless Initiatives Spending Plan, leveraging $72.7 million in federal, state, and County resources to support the City’s Homeless Strategic Plan. The City also serves as a hub for service providers working to end homelessness through the Regional Continuum of Care Strategy, which provides preventative services to reduce those at risk of becoming homeless and requiring emergency shelter assistance.
The 2024 the annual Point in Time Homeless Count identified the San Bernardino District to have a total of 1,417 homeless individuals, 977 of whom are unsheltered and 440 sheltered individuals, with 103 in transitional housing versus at a shelter. Of the 49 districts within the County, the San Bernardino Jurisdiction had the highest number of unhoused individuals; these findings underscore the importance of the City's partnerships that focus on long-term solutions to help homeless residents. With the HOPE Campus Phase 1 currently under construction, the City of San Bernardino will expand temporary emergency shelter facilities featuring several wrap-around services to the low-barrier non-congregate shelter units. The City also began construction of an Interim Emergency Shelter that will assist 200 persons.
The City has carried out an exclusive negotiating agreement for the proposed 5th and Meridian Affordable Housing Project, which will include 101 housing units, including eight specifically designed for individuals experiencing homelessness or at risk of becoming homeless. The City plans to donate the property and provide HUD Federal HOME Investment Partnership Program (HOME) funding.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
Packet Page. 560
City of San Bernardino
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
The Discharge Planning Committee focuses on improving coordination between discharge planning agencies, local government planning agencies, local government, and homeless providers to reduce the number of people discharged into homelessness. The City also serves as a hub for service providers working to end homelessness through the Regional Continuum of Care (CoC) Strategy, which provides preventative services to reduce those at risk of becoming homeless and requiring emergency shelter assistance.
In partnership with the City, the IFHMB provided fair housing services, including consultation services to tenants, and assisted in facilitating mediations between tenants and landlords. All 947 residents assisted were from low to moderate-income areas. The IFHMB also assisted City residents with landlord-tenant issues, including evictions, repairs, security deposits, foreclosure, and rights, among other housing-related topics. With its completion on August 20, 2024, the program assisted 1,214 persons, with 98.2% of whom were considered low to moderate-income since 2022.
The City is also constructing Community Centers that will provide educational programs related to empowering small businesses with economic development and opportunities, as well as housing-related matters. These community centers will serve as hubs for educational, health, and cultural enrichment, including the El Sol Recreation and Wellness Center and the Navigation Center. Through the Legal Aid of San Bernardino Tenant Protection Program, City residents can receive free of charge direct legal representation on matters concerning tenant rights to prevent or avoid displacement and homelessness.
With affordable housing projects underway, such as the HOPE Campus Phase 1, 5th and Meridian Affordable Housing Project, the Neighborhood Partnership Housing Services, Inc. (NPHS) Hillside Infill Development Program, and the Arrowhead Grove Phase 4, the City of San Bernardino will support low-income families with more housing opportunities.
Overall, the City of San Bernardino has several properties that serve permanent supportive housing, senior housing, and family affordable housing through subsidized rent, participation in Section 8, designed with a Housing First Model or are designed to house homeless individuals as well, some of these properties include Gold Apartments, Magnolia at 9th Senior Apartments, Mary Erickson (Eastpointe Village), Olive Meadow, San Bernardino Senior Apartments, TELACU Buena Vista, among others.
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 Packet Page. 561
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and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The CoC Strategy for preventative services aims to reduce the number of households and individuals who become homeless, which the City supports by funding emergency rental assistance for households at risk. The City also uses San Bernardino County's 10-Year Strategy rapid-rehousing approach and Housing First Model.
The City has invested $291,764.28 of CDBG funds towards helping homeless persons secure housing and reduce the risk of becoming homeless. Through the San Bernardino Police Department Quality of Life Team, the City provided homeless and homeless prevention services.
A total of 132 persons were assisted, all of whom are considered extremely low-income.
With ESG Funds, the City was able to reduce homelessness and provide temporary shelter space for households and individuals at risk of becoming homeless. To further support the City’s homeless individuals, a partnership with the Salvation Army supported two key initiatives: the Emergency Shelter – Entry and Exit and Homeless Prevention.
Through these programs, the Salvation Army is expected to meet or has already exceeded the quality benchmarks set by HUD and CoC. Meeting 100% of their target population, the agency provided shelter to individuals entering areas not meant for human habitation, emergency shelters, or safe havens, with at least 80% of participants remaining or moving to permanent housing. Additionally, participants saw improvements in their financial well-being, advancing towards self-sufficiency, with at least 50% of participants increasing income from nonemployment sources and 50% of participants obtaining mainstream benefits during PY 2024- 2025. The Emergency Shelter provided housing stability to 60 persons in 29 households with $339,146 of ESG funds. Simultaneously, the same funds aided the Homeless Prevention in providing targeted financial assistance and housing stabilization to 31 persons in 11 households.
Packet Page. 562
City of San Bernardino
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
San Bernardino offers income/rent-restricted housing for very low-income households, seniors, and other vulnerable groups with eleven public housing properties funded with the investment of HUD Funds. Overall, 32 properties fall within affordable housing for City reside, and while the City does not own or maintain the public housing units, it collaborates with the Housing Authority of the County of San Bernardino (HACSB) to aid in the following way:
• HACSB administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents by providing monthly assistance for those who prefer renting from a private landlord but cannot afford to do so without assistance • The City will continue to monitor units at risk of losing affordability cost standards with owners, even offering local incentives if possible
• The City provides technical and/or financial assistance to local non-profit organizations that provide affordable housing
• The City provided a $4.9 million in HOME conditional commitment in Rental Assistance Demonstration (RAD) conversion as part of the next phase of Project Arrowhead Grove, which is anticipated to break ground in 2025
The City’s 5th & Meridian Affordable Housing Project is currently in the entitlement phase, with the City having signed its Exclusive Negotiating Agreement to work towards a final development deal. The property is estimated to include 101 housing units, with eight (8) specifically for individuals experiencing homelessness and the remaining will be reserved for families earning at or below 60% of the AMI. Project amenities will include a community room with a kitchen, a computer lounge, a basketball court, a swimming pool, and a tot lot. The Project will be funded using HOME funds and through a City donated property.
On August 10, 2024, the NPHS Infill Development Project was approved for a HOME-funded Master Agreement by the City and officially signed on April 14, 2025. The Project has developed three donated parcels into single-family homes, and the City has committed $350,000in HOME funds, with a portion allocated towards construction costs and the remainder for down payment assistance for homebuyers. This project was completed with the $116,021 HOME funds used during PY 2024-2025.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
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City of San Bernardino
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City offers homeownership opportunities by promoting the County's Down Payment Assistance program in addition to promoting the following agencies: Cal HFA (California Dream), Neighborhood Partnership Housing Services, National Homebuyer Fund, Neighborhood Housing Services of the Inland Empire by housing services and homeownership services to LMI residents.
In PY 2024 the City also finished the construction of three (3) single-family units to be sold to lowincome single families through their Infill Housing Program marketed towards households at 50% to 80% AMI.
Actions taken to provide assistance to troubled PHAs
The Housing Authority of the County of San Bernardino (HACSB) has not been designated as troubled. HACSB was designated a Moving to Work Agency by Congress. The HACSB accepts applications for Section 8 Project-Based housing for families and senior households. Each year HUD reviews and scores the housing authority’s Section 8 program management based on 14 different criteria. This score reflects how well the Housing Authority manages the Section 8 waiting list, the physical quality of housing assisted with Section 8 and the financial management of the program.
The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. In PY 2024- 2025 the City provided shelter to over 290 unhoused individual’s and provided 132 motel vouchers through the San Bernardino PD Quality Team.
Packet Page. 564
City of San Bernardino
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i).
To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to LMI households.
Through the City’s Infill Housing Program, the City acquired, rehabilitated vacant and/or underutilized parcels of land, and created housing affordable to low- and moderate-income households. The OORP provided deferred loans for the rehabilitation of single-family units owned by LMI households.
In program year 2024-2025, the City is evaluating funding Phase IV of the Arrowhead Grove development and is working with the 92-unit development as the next Phase, which they anticipate will break ground in 2025.
Although the City no longer has access to redevelopment funds, it leveraged its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City to create affordable housing for LMI households.
The City is also working to create public awareness of the fair housing law and affordable housing advocacy agencies. The City contracted with the IFHMB to provide free services to LMI individuals throughout San Bernardino. IFHMB program services include fair housing services, landlord/tenant mediation services, education on housing rights and responsibilities, housing counseling, and alternative dispute resolution.
The City of San Bernardino Draft 2021-2029 Housing Element was sent to the Department of Housing and Community Development (HCD) on August 4, 2023, for review. On October 2, 2023, the City received HCD’s 1st comment letter. In response to the comment letter dated October 2, 2023, from the HCD, the City revised the Draft 2021-2029 Housing Element and resubmitted to HCD on November 21, 2023. The Housing Element identifies current fair housing issues. Section 5 identifies the fair housing issues and includes the ways and means by which the City intends to overcome fair housing issues.
Significant efforts have been made to remove or lessen the adverse effects of barriers to affordable housing, such as adopting a new Development Code, improving regulations, and processes. The City followed by combining various related departments into a single Community Packet Page. 565
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Development Department and a one-stop permit counter. The Municipal Code was also amended to reduce barriers, including:
1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential and cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation.
2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.
3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2.
4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a 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 – The City will include the amendments mentioned above, as well as San Bernardino 2050’s housing priorities.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME, and ESG funds through the Action plan in projects that provide financing for affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements, and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. To leverage additional ongoing resources for housing and homeless services, the City will utilize ESG, CDBG-CV, ARPA, and HOME-ARP for homeless shelters, homeless prevention services, and economic development. Projects that were supported included the Packet Page. 566
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CAPER 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
development of the Navigation Center, the Homeless Strategic Action Plan, and the combination of these funds, outlined earlier in this document, totaling an estimated $84.2M going towards addressing barriers of underserved needs.
The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Approximately 38,000 housing units were built prior to 1980, of which approximately 7,000 are occupied by children under six years of age, one of the most vulnerable groups to this hazard. In 2024, to reduce possible lead-based paint hazards, the City took the following actions:
• Educated owner occupants, participating in City funded rehab programs on the health hazards of lead-based paint using brochures and encouraged screening children for elevated blood-lead levels.
• Included lead testing and abatement procedures in all rehabilitation activities, where appropriate.
• Monitored the lead-poisoning data maintained by the San Bernardino County Department of Health Services.
• Sent housing staff to the Lead Safe Housing Rule Amendment Training. Sent subrecipient Community Housing Development Organization (CHDO) staff to the Lead Safe Housing Rule Amendment Training.
Procedurally, the City will continue to monitor the HUD website for any revisions to the leadpaint hazards regulations and ensure that the City’s policies and procedures remain current.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) For FY 2024-2025, the City continued supporting poverty level families through the following:
• The CoC’s coordinated entry system, 2-1-1 San Bernardino County provided persons who were at imminent risk of becoming homeless with problem-solving support to retain current housing or to locate another housing placement. • Service providers provided street outreach, rapid re-housing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.
• Public facilities projects had the greatest impact on the neighborhoods by making essential services more readily available to underserved communities • The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services, and various Homeless Services Agencies to provide public and social Packet Page. 567
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services to residents living in poverty, included 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
• The Tenant Protection Program assisted City residents to prevent homelessness and avoid displacement
• Street reconstruction improvements, sidewalk replacement, and Americans with Disabilities Act improvements.
• Furthered the development of the HOPE Campus, NPHS Infill Development Project, Arrowhead Grove Phase 4 to assist homeless or at-risk for homeless individuals and families.
• With the ESG grant, the City funded two programs through the Salvation Army. These programs served 91 persons in 40 households.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) There are a variety of agencies, local governments, non-profit organizations, businesses, and financial institutions that play a vital role in carrying out San Bernardino’s housing and community development goals and objectives. The relationships and interaction of these entities as they work toward achieving these goals and objectives is referred to as institutional structure. As the lead for the City's 2020-2024 Consolidated Plan, the City’s Community and Economic Development Department analyzes its performance in addressing the community’s housing and community development needs and develops strategies to improve its institutional structure.
The City has revised its policies and procedures for CDBG, OORP, and ESG. The City has an organizational chart for its Community and Economic Development Department and Housing Division functions. When the opportunity arises, City staff will attend trainings such as HUD’s Environmental Review Online System (HEROS), HOME, Integrated Disbursement and Information System (IDIS), CDBG, and Lead Based Paint. In conjunction with other City departments, such as Public Works, Parks, Recreation and Community Services, staff will continue to identify the community's greatest needs and allocate resources accordingly. Staff will continue to work with for-profit and non-profit developers and lenders to facilitate the improvement, preservation, and/or creation of affordable housing opportunities for low- and moderate-income households within the City.
Furthermore, the City of San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, Packet Page. 568
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HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow coordination of City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment (CCI) and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in an investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
During PY 2024-2025, the City made the following progress toward improving communication and coordination between itself, nonprofit service organizations, and residents:
• The City has developed a two-year affordable housing pipeline to identify projects and capital needs.
• Consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services, and economic development to low- and moderate- income San Bernardino residents. • Workforce Development, to provide job placement services for personsin the County and provides up to three months of paid on-the-job training, and any equipment that an employee may required to carry their new job. The City recently established a partnership with the Mexican Consulate’s “Emprendedor@s” program. The program partners with the Small Business Administration (SBA), 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 “Emprendedor@s” program, the City will cross promote the services available through Workforce Development.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a).
Each year the City pledges to affirmatively further fair housing and take appropriate actions to overcome the effects of the impediments to fair housing that are identified in the City’s five-year planning document called the Analysis of Impediments (A.I.) to Fair Housing Choice (A.I.). HUD guidance indicates that the City must report on the actions taken during the fiscal year to Packet Page. 569
City of San Bernardino
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OMB Control No: 2506-0117 (exp. 09/30/2021)
overcome the effects of private sector. Accomplishments were made during PY 2024-2025 in the City of San Bernardino's Analysis of Impediments to Fair Housing Choice including:
Goal 1&2: Provide housing solutions and incentives for special needs populations. Increase affordable housing opportunities.
Action: Work with non-profit agencies to create affordable housing options for special needs populations. The City partnered with the Salvation Army and San Bernardino PD Quality of Life Team to assist the vulnerable and special needs populations. The City is developing 140 modular housing units for chronically homeless men and veterans with construction beginning in April 2024, and grand opening planned for August 2025.
Goal 3: Increase homeownership opportunities for all ethnicities.
Action: Upgrade housing programs to incorporate homeownership education, budgeting, and home maintenance education. The City partnered with certified CHDOs, such as Housing Partners Inc, and NPHS to develop single-family homes on in-fill/vacant lots for affordable owner-occupied housing, with eligibility for households at 50 to 80 percent of AMI. To support the steps needed to become a homeowner, the City partnered with Neighborhood Housing Services of the Inland Empire (NHSIE) to provide educational forums on homeownership and financial literacy.
Goal 4: Create public awareness of fair housing laws and affordable housing advocacy.
Action: Work with the IFHMB, as part of its Fair Housing contract, to annually review and report on apartment rental advertisements released by private housing companies. The City partnered with the IFHMB to assist low-income residents with investigation, education, reconciliation, and/or referral of housing discrimination complaints.
Goal 5: Increase earning capacity of low- and moderate-income residents.
Action: Work with higher education systems to create college-readiness programs, financing solutions and family preservation programs for first generation students.
The City worked with the Inland Empire Small Business Development Center and later the Asociacion de Emprendedor@s (AdE) to host small business/entrepreneur workshops for small businesses. In addition, as businesses struggled with the fiscal impacts of COVID-19, the City utilized ARPA funds to provide grants to small businesses and nonprofits for working capital expenses and COVID-19 recovery.
In addition, as discussed in the recently updated 2021-2029 Housing Element – the City has received a final housing planning target of accommodating 8,123 housing units for the 6th cycle housing element, which spans from 2021 to 2029. The allocation comprises 708 units for Packet Page. 570
City of San Bernardino
CAPER 33
OMB Control No: 2506-0117 (exp. 09/30/2021)
extremely low income (0–30% of AMI), 707 units for very low income (31–50% of AMI), 1,097 units for low income (51–80% of AMI), 1,448 units for moderate income (81–120% of AMI), and 4,163 units for above moderate income (over 120% of AMI), summing up to 8,123 units. As part of that, the City is focused on expanding housing types, development, and opportunity.
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements.
As the lead for the City's Consolidated Plan, the Community and Economic Development Department is continually improving its standards and procedures to monitor the performance and effectiveness of housing and community development activities. The Community and Economic Development Department is responsible for monitoring projects to ensure federal compliance of housing and non-housing projects funded with CDBG, CDBG-CV, HOME, and ESG. It undertakes two types of monitoring: program monitoring (which includes the Minority Business Outreach efforts) and Consolidated Plan monitoring. Both types of monitoring ensure the success of Consolidated Plan projects and activities. The City participates in the Integrity Council on Homelessness (ICH) which is responsible that the CoC is meeting all responsibilities assigned to it by the United States Department of Housing and Urban Development.
Consolidated Plan Monitoring: Staff oversaw the planning and budgeting process to ensure that federally funded activities were consistent with the Consolidated Plan’s identified highand medium-priority objectives and grant requirements. Staff also provided technical guidance regarding program structure, income requirements, and document compliance. For IDIS, staff gathered quarterly program statistical reports and updated all necessary fields from setup to completion of each project and activity. Environmental review records were created for each activity funded by federal resources, and oversight of construction activities that necessitated compliance with Davis-Bacon and Federal Labor regulations was carried out.
Minority Business Outreach: As an Entitlement recipient of CDBG, HOME and ESG funds, the City of San Bernardino is required to provide business opportunities to minority and womenowned businesses in connection with the activities funded through the CDBG, HOME, and ESG grant. To comply with these requirements, the City participated in outreach events for disadvantaged business enterprises, posted its bid documents on the City's website and other e-Procurement websites where potential bidders may obtain these requests for bids through the internet. The City also encourages Minority Business Enterprises (MBE) and WBE (Women Business Enterprises (WBE) firms to compete for CDBG, HOME and ESG construction contracts.
Packet Page. 571
City of San Bernardino
CAPER 34
OMB Control No: 2506-0117 (exp. 09/30/2021)
City staff ensures the Contractor-Subcontractor Activity Report and the MBE-WBE Summary report is submitted to the HUD as required.
Subrecipient Program Monitoring: The City implements several monitoring techniques in which to assess the effectiveness of its activities. These techniques include a mandatory Sub-recipient Training Workshop with its sub-grantees to discuss methods for complying with federal and city requirements prior to the start of the fiscal year, and a combination of desk review and on-site monitoring techniques to ensure on-going compliance of federally funded activities.
HOME monitoring: The City actively monitors all affordable housing units funded with federal grants to ensure compliance with HOME regulatory agreements for each property. HOME units must be monitored to ensure adherence to income limits, financial management, physical management, adherence to lease and tenant rights, and affirmative marketing plan. During Program Year 2024, the City conducted monitoring on 4 HOME units that included:
St. Bernardine Plaza - desk review took place on October 8, 2024, and the items monitored included:
• Tenant files
• Financial statements
• Program reports
Frazee Community Center- onsite monitoring took place on January 29, 2025, and the items monitored included:
• Adherence to income limits, rent limits, and occupancy standards • Financial Management (including rent collection and cash controls), physical management (including routine maintenance, capital planning, and property standards), • Adherence to lease and tenant rights requirements
• Affirmative Marketing Plan
• Crime Free Certification Program participation, and Adherence to lead-based paint notification requirements
AHEPA 302 Apartments-onsite monitoring took place on February 11, 2025, and the items monitored included:
• Adherence to income limits, rent limits, and occupancy standards • Financial Management (including rent collection and cash controls), physical management (including routine maintenance, capital planning, and property standards) • Adherence to lease and tenant rights requirements
• Affirmative Marketing Plan
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City of San Bernardino
CAPER 35
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Crime Free Certification Program participation
• Adherence to lead-based paint notification requirements (if applicable) Golden Apartments San Bernardino, LP- desk review took place on January 30, 2025, the items monitored included:
• Tenant files
• Financial statements
Monitoring inspections for PY 2024-25 took place for the properties listed above, with one scheduled for a later date. Although each inspection resulted in tailored follow-up actions and coordinated efforts, the City of San Bernardino remains engaged with property managers and partners to ensure all program requirements are met.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City is encouraging public participation in the review and assessment of PY 2024-2025 by making the draft CAPER available for public review and comment beginning August 28, 2025. A notice was published in El Chicano on August 28, 2025, and in the San Bernardino Sun on August 28, 2025, inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, the City’s Housing Division office, and the Feldheym Library.
All public notices are attached. The City held a public hearing on the CAPER and the City’s performance for Program Year 2024-2025 on September 17, 2025, at 5:00 p.m. in the City of San Bernardino Council Chambers at Feldheym Public Library.
No public comments were received.
Packet Page. 573
City of San Bernardino
CAPER 36
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
As required by HUD, the City undertook one substantial amendment to the Consolidated Plan/Action Plan to receive and allocate CDBG-CV funds in response to COVID-19. On September 16, 2020, a Substantial Amendment to FY 2020-2021 HUD Annual Action Plan was made, and on April 24, 2025, a Substantial Amendment to FY 2021-2022 HUD Annual Action Plan was made for the HOME ARP Allocation Plan and to add funding to Arrowhead Grove Phase 4from $385,870 to $4,900,000. On August 7, 2024, a Substantial Amendment was completed for CDBG-CV funds to reallocate unspent funds to CV- 3 Admin for $287,179.22 and $515,292.70 for the Encanto Community Center. All funds were used to meet a qualified national objective. For activities that served a target clientele that was not presumed to be primarily low- and moderate-income, the City or its designated subrecipients documented household income, or area benefit.
The City has an existing Section 108 guaranteed loan. In PY 2024-2025, the City spent $745,612.40 on Section 108 Loan Repayments.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not Applicable.
Packet Page. 574
City of San Bernardino
CAPER 37
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-50 - HOME 24 CFR 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations.
Visual inspections and desk reviews were conducted on HOME assisted units. Follow-up inspections were conducted and resolved by working with the property managers. Although monitoring results vary across projects, all corrective actions were verified through reinspections or documentation review.
The City’s Housing Compliance Specialist performs HUD-required monitoring and conducts annual inspection of HOME-assisted rental units, in accordance with the City’s monitoring and inspection schedule, to ensure continued compliance with housing quality standards and applicable regulations.
Below is a list of HOME project inspections:
St. Bernardine Plaza - desk review took place on October 8, 2024, and the items monitored included:
• Tenant files
• Financial statements
• Program reports
Frazee Community Center- onsite monitoring took place on January 29, 2025, and the items monitored included:
• Adherence to income limits, rent limits, and occupancy standards • Financial Management (including rent collection and cash controls), physical management (including routine maintenance, capital planning, and property standards), • Adherence to lease and tenant rights requirements
• Affirmative Marketing Plan
• Crime Free Certification Program participation, and adherence to lead-based paint notification requirements
AHEPA 302 Apartments- onsite monitoring took place on February 11, 2025, and the items monitored included:
• Adherence to income limits, rent limits, and occupancy standards • Financial Management (including rent collection and cash controls), physical management (including routine maintenance, capital planning, and property standards), Packet Page. 575
City of San Bernardino
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OMB Control No: 2506-0117 (exp. 09/30/2021)
• Adherence to lease and tenant rights requirements
• Affirmative Marketing Plan
• Crime Free Certification Program participation
• Adherence to lead-based paint notification requirements (if applicable) Golden Apartments San Bernardino, LP- desk review took place on January 30, 2025, the items monitored included:
• Tenant files
• Financial statements
• Program reports
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a)
During the reporting period, Housing staff continued to implement the regulations set forth by 24 CFR 92.351 by referencing the affirmative marketing provisions in applications and written agreements for the City of San Bernardino. All recipients and subrecipients of HOME funded projects containing five or more units must comply with the affirmative marketing requirements to receive assistance. For each HOME project the city undertakes, an affirmative marketing plan is developed. Affirmative marketing procedures must continue throughout the period of affordability. During the City’s annual monitoring, an examination of the properties’ Affirmative Marketing Plan and Procedures, HUD Fair Housing Poster, advertising materials with an affixed Equal Housing Opportunity logo, and waiting list are reviewed. The City’s housing staff reviews the properties’ affirmative fair housing marketing plan and fair housing measures to ensure that applicants have equal housing opportunities. The evaluation of the Affirmative Marketing Plan is to determine the following:
• List of methods to inform the public, owners and potential tenants about fair housing laws and the City’s marketing policy
• Description of efforts that will be made to conduct affirmative market for HOME assisted units
• Owners and leasing agents will place advertisements to market HOME-assisted units through local sources, public agencies, and social service organizations; • Languages other than English should be used in the advertising where it is necessary to attract target groups, e.g., Native Americans, Pacific Islanders, and Hispanics • Description of outreach efforts to people not likely to apply for housing without special outreach. These efforts will include the distribution of marketing materials to organizations that have contact with these populations
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City of San Bernardino
CAPER 39
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Maintenance of records to document actions taken to affirmatively market HOMEassisted units and to assess marketing effectiveness • Fair Housing literature and training are provided to all management staff • Description of actions that will be taken if requirements are not met For PY 2024-2025, in-house affirmative marketing requirements. The City, during HOME monitoring desk reviews, ensures each property and its management staff target demographic groups, which are least likely to apply for housing by running a US Census Bureau report on the City. Property owners provide the City with their outreach attempts, including advertisements in local newspapers that have an audience with the targeting groups and local community organizations such as nonprofit agencies, Housing Authority of the County of San Bernardino, and local churches. Marketing materials are provided in multiple languages, such as Spanish and Vietnamese. Property management staff have been provided with on-site training programs including marketing, outreach, data collection, reporting, record keeping and fair housing laws and regulations. During on-site inspections, the City’s Compliance Specialist visually verify the Fair Housing posters displayed in the rental office.
The City partnered with the IFHMB to assist low-income residents with investigation, education, reconciliation, and/or referral of housing discrimination complaints. During the creation of this Plan, the City is anticipating the implementation of a City Tenant Protection Pilot Program in FY 2024-25.
Legal Aid Society of San Bernardino Tenant Protection Program hosted 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.
The Tenant Rights and Protection workshop providing education that touches on housing topics including but not limited to landlord harassment, landlord right of entry, habitability in tenants home, landlord’s responsibilities to repair defects, notice to pay or quit, evictions, small claims, rent increase protections, and relocation requirements. Workshop attendees are to be provided with important resource information available in both English & Spanish.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics.
The City has a balance of $2,459,446.55 in HOME program income from 2018-2024.
Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) Packet Page. 577
City of San Bernardino
CAPER 40
OMB Control No: 2506-0117 (exp. 09/30/2021)
(STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j).
The City has undertaken notable initiatives to remove restrictions linked to land use regulations by creating and implementing a new Development Code that consolidates and streamlines the City's development rules and procedures. This initiative was succeeded by restructuring the City to consolidate multiple development-oriented departments into a unified Community Development Department and creating a centralized permit counter. Furthermore, the City has implemented the following changes to the Municipal Code to further decrease obstacles to affordable housing:
• General Lot Consolidation Incentive: Small, separate lots offer limited development opportunities and typically cannot support onsite property management.
Development potential can be enhanced through a small-lot consolidation initiative that provides a 15 percent density bonus for projects with a residential component that commits to a maintenance plan and onsite management. The city plans to amend the Development Code to encourage lot consolidation.
• Density Bonus Provisions: Projects that utilize density bonuses can be a vital source of housing for low- to moderate-income households. The city intends to update the Development Code to reflect the latest amendments to State density bonus laws. • 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. • Streamlined Processing: The City remains committed to further simplifying development activities and regulations and will continue to evaluate potential initiatives aimed at removing land use limitations, particularly concerning the construction of new housing and the renovation of existing housing. In 2012, the City revised its Development Code to enhance usability and reduce confusion among staff and the development community. As part of this update, the City introduced a new simplified form of Conditional Use Permit known as the Minor Use Permit (MUP). The Development/Environmental Review Committee assesses the MUP instead of the Planning Commission, requiring less staff involvement (resulting in a comparatively quicker process for developers), reduced fees, and serving as a substitute for a CUP for specific qualified projects.
Packet Page. 578
City of San Bernardino
CAPER 41
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 1 0 0 0 0
Total Labor Hours 0
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 14 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding childcare.
Assisted residents to apply for or attend community college or a fouryear educational institution.
Assisted residents to apply for or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
Packet Page. 579
City of San Bernardino
CAPER 42
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other.
Table 15 – Qualitative Efforts - Number of Activities by Program Narrative
The City of San Bernardino successfully completed their Citywide Pavement Rehabilitation Program in April 2024 to the following streets:
1. 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF
2. 49th Street between Sepulveda Avenue and End (4th Ward) Multiple APN – 180,000 SF
3. Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN180,000 SF Due to a lack of staff, Section 3 documents are pending.
Packet Page. 580
City of San Bernardino
CAPER 43
OMB Control No: 2506-0117 (exp. 09/30/2021)
Acronyms
ADA American Disabilities Act
AdE Asociacion de Emprendedor
A.I, Analysis of Impediments
AIDS Acquired Immunodeficiency Syndrome
AMI Area Median Income
ARPA American Rescue Plan Act
CalHFA California Housing Finance Agency
CAPER Consolidated Annual Performance Evaluation Report CARES Act Coronavirus Aid, Relief, and Economic Security Act CDBG Community Development Block Grant
CDBG-CV Community Development Block Grant – CARES Act
CHDO Community Housing Development Organization
CoC Continuum of Care
CORE National Community Renaissance
CUP Conditional Use Permit
ESG Emergency Solutions Grant
FY Fiscal Year
HACSB Housing Authority of the County of San Bernardino HAT Housing Asset Transfer
HCD Housing Community Development
HEROS HUD Environmental Review Online System
HOME HOME Investment Partnership
HOME- ARP HOME American Rescue Plan
HOPE Homeless Outreach and Proactive Enforcement
HMIS Homeless Management Information System
HUD U.S. Department of Housing and Urban Development
ICH Integrity Council on Homelessness
IDIS Integrated Disbursement and Information System
IFHMB Inland Fair Housing and Mediation Board
LMI Low to Moderate Income
MBE Minority Business Enterprise
MUP Minor Use Permit
NHSIE Neighborhood Housing Services of the Inland Empire NPHS National Partnership Housing Services
OORP Owner Occupied Rehabilitation Program
PD Police Department
PLHA Permanent Local Housing Allocation
PY Program Year
SBCHP San Bernardino County Homeless Partnership
WBE Women’s Business Enterprise
Packet Page. 581
FY2024-2025 ANNUAL
ACTION PLAN
MAY 15, 2024
Community Development and Housing Department
Packet Page. 582
Annual Action Plan
2024-2025
1 DRAFT San Bernardino City FY 2024-2025
TABLE OF CONTENTS
Table of Contents ..............................................................................................Error! Bookmark not defined.
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. 583
Annual Action Plan
2024-2025
2 DRAFT San Bernardino City FY 2024-2025
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, leadbased 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 nonfederal 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 Needs 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.
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Annual Action Plan
2024-2025
3 DRAFT San Bernardino City FY 2024-2025
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, citywide 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 owneroccupied 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 count (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:
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Annual Action Plan
2024-2025
4 DRAFT San Bernardino City FY 2024-2025
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. 586
Annual Action Plan
2024-2025
4 DRAFT San Bernardino City FY 2024-2025
Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In 2023 and 2024, the City is working towards the construction of three (3) owner-occupied homes, on individual vacant infill lots. 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 Housing 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 was 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 2024-2025 Annual Action Plan was published in The San Bernardino Sun (English) on April 8, 2024 and El Chicano (Spanish) on April 10, 2024.
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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.
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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
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AP-10 CONSULTATION – 91.100, 91.200(B), 91.215(L)
1. Introduction
The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages 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 stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
• The City 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 Arrowhead 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 resulted in the construction of a 184 mixedincome 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. 590
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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 organizations 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. 591
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regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate nonprofits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans.
2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies, and other entities
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Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency
Major Employer
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
1 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community.
Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
2 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community.
Agency/Group/Organization Lutheran Social Services 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
3 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community
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4 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Public Housing Agency (PHA) Other government - County
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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.
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
5 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (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. 595
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No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino.
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care 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.
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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 2024-2025 Annual Action Plan in El Chicano and The 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, 3rd Floor, San Bernardino, CA 92401, the Feldheym Central Library, 555 W. 6 th St, San Bernardino, CA 92410, and on the City’s website at the Community & Economic Development Department.
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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
Nontargeted/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
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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
Nontargeted/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
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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
Nontargeted/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
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17 Table 4 – Citizen Participation Outreach
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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 allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly and prepare the Annual Action Plans reflective of the funding reality.
Anticipated Resources
Program Source Expected Amount Available Year 1
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
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.
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19 Program Source Expected Amount Available Year 1
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for ownership
TBRA 1,160,208 0 0 1,160,208 0
Amounts represent the annual HOME
allocation based on the FY 2024-25 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).
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20 Program Source Expected Amount Available Year 1
of Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid rehousing (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 derived from a variety of other sources, including:
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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 received 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 2024-2025 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.
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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 has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months.
Discussion
The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single-family parcels that the City intends to utilize for the construction of singlefamily ownership housing.
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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
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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.
Goal Name Planning and Administration
7 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. 608
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29 PROJECTS
AP-35 PROJECTS – 91.220(D)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2024-2025 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 individuals, 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.
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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
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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
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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.
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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.
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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
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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 2024-2025 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 2024-2025 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2024-2025 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 objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services.
Discussion
As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual 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.
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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 of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation.
Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value.
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 220,328 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. 616
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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 2017-2021 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 nonhomeless 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.
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38 LMI households in the County can apply to both 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 lowerincome households.
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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 renovations 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. 619
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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 Work 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.
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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 retain 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, non 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. 621
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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 support 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 serviceenriched 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. 622
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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. To meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers to implement a “zero tolerance” plan that will prevent persons from being discharged into homelessness.
Discussion
Homeless Related Activities in the City include:
• Homeless Outreach-The City has contracted with a 3rd 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.
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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 sidewalks 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. 624
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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 developmentrelated 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 onsite management. The City is anticipating amending the Development Code to incentivize lot Consolidation.
2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.
3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2.
4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects.
5. The City will update its General Plan. 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 2024-2025, 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 OwnerOccupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of singlePacket Page. 625 Annual Action Plan
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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.
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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. To 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 OwnerOccupied Rehabilitation Loan Program. The City annually reviews 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. 627
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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. 628
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49 moderate-income San Bernardino residents. Workforce Development, for example, provides job placement services for people 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 operational 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.
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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 2024-2025 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. 630
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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 If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other 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 amount 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.
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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.
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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 needed, 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. 633
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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; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all 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.
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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 Team 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 Subrecipients 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.
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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.
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Executive Summary
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of San Bernardino (City) is an entitlement City that receives federal funding from the US Department of Housing and Urban and Development (HUD). The City receives funds through the Community Development Block Grant (CDBG) program, HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grant (ESG).
The CDBG entitlement program provides formula funding to cities and counties to address community development needs. Seventy percent of gross funding must be used to serve low- to moderate-income households. Eligible activities must meet one of the following national objectives for the program:
• Benefit low- and moderate-income persons
• Prevent or eliminate slums or blight
• Address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available
The HOME entitlement program provides formula grant funding for a wide range of activities including building, purchasing, and/or rehabilitating affordable housing for rent or homeownership and providing direct rental assistance to low-income households. The program’s flexibility allows states and local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancements, or rental assistance or security deposits.
The ESG program provides formula grant funding to cities and counties to engage homeless individuals and families living on the street, rapidly re-house homeless individuals and families, help operate and provide essential services in emergency shelters for homeless individuals and families, and prevent individuals and families from becoming homeless.
The Consolidated Plan (ConPlan) is a five-year planning document. This plan covers the period from fiscal year 2020-21 through fiscal year 2024-25. The purpose of the ConPlan is to guide a jurisdiction to:
• Assess their affordable housing and community development needs and market conditions; • Make data-driven, place-based investment decisions; and • Conduct community-wide discussions to identify housing and community development priorities that align and focus on eligible activities for CDBG funding.
Recipients of CDBG and HOME funding must also prepare and submit to HUD an Annual Action Plan (AAP) that describes in detail, each year, how the ConPlan will be carried out. The AAP must provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the ConPlan. Additionally, at the end of each fiscal year, jurisdictions must complete and submit to HUD a Consolidated Annual Performance and Evaluation Report (CAPER) to report on the accomplishments and progress toward the Packet Page. 638
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ConPlan’s goals.
The City anticipates approximately $15,000,000 in CDBG funds, $6,000,000 in HOME funds, and $1,400,000 in ESG funds during the 2020-2025 ConPlan period.
2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview
The objective of the Needs Assessment is to gather information from the community and all partners, as well as demographic and economic data regarding the City’s homeless population, need for affordable housing, special needs population, and community development needs. This information is used to make data-driven decisions to establish priority community needs and strategies based on current conditions, expected funds, and local capacity. Through data collection, outreach, and analysis presented in this plan, a clear outline of the City’s priority needs is formed, along with the projects and facilities that are most likely to aid in the City’s development.
A summary of needs identified in the City of San Bernardino include:
• Rehabilitation of single-family owner-occupied housing and rental units • Housing for households below 80% area median income
• Expanding homeownership
• Homeless services and homeless prevention services
• Economic development
• Improvement of facilities and infrastructure
• Fair housing services
See Needs Assessment (NA) section beginning on page 26 for additional discussion on these identified needs.
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Strategic Plan Summary
3. Evaluation of past performance
The City’s CDBG, HOME, and ESG funds successfully contributed to several projects over the last five years. Those projects have contributed to improved housing affordability and expanded economic opportunities for low- and moderate-income households.
Affordable Housing. HOME funds were used to construct new homeowner housing and CDBG funds were used to rehabilitate existing housing. For example, in FY 2018-2019, three new homeowner units were added, and seven homeowner houses were rehabilitated. Additionally, in FY 2019-2020, the City anticipates adding eight new single-family ownership units for households earning between 50 and 80 percent AMI.
Fair Housing. CDBG funds were used to contract with the Inland Fair Housing Mediation Board to provide fair housing services, including landlord/tenant mediation, housing counseling, alternative dispute resolution, and senior services to San Bernardino residents. For example, in FY 2018-2019, approximately 2,700 residents were served. For FY 2019-2020, the City anticipates serving approximately 3,300 residents.
Homelessness. ESG funds were used to connect homeless individuals to services, such as street outreach, rapid rehousing, emergency shelter, and homeless prevention services. As of FY 2018-19, 566 people were served through these programs. Additionally, in FY 2018-2019, the City assisted in the acquisition and rehabilitation of a 38-unit apartment complex to assist homeless households into Packet Page. 640
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permanent supportive housing. In FY 2019-2020, the City anticipates serving 350 persons experiencing homelessness.
4. Summary of citizen participation process and consultation process Robust community engagement was achieved through engaging a diverse group of stakeholders to identify priorities, concerns, and values. The feedback provided through the community engagement process supported the development of this ConPlan, including the development of housing and community development needs, priorities, goals, and strategies for funding allocation.
For the purposes of this plan, the community outreach included residents, business owners, and interest groups. Targeted outreach was provided to youth, elderly, racial and ethnic minorities, renters and property owners, and business owners across the City. Leveraging existing stakeholder contacts, recognizing underrepresented stakeholders, and identifying new stakeholders was integral to the process of reaching the greater San Bernardino community and ensuring a broad depth of participation.
The City announced the various community engagement opportunities through its social media, newspaper noticing, and email blasts.
Members of the public had the following opportunities for participation and comment, all of which were offered throughout San Bernardino during the ConPlan process:
• Public Meetings: Walk-in meetings were held across the City so that members of the public could describe what needs and concerns they see in their community. • Housing Summit: A housing summit was held for community leaders, agency representatives, service providers, planning professionals, developers, and business owners to learn and exchange information about the current state of housing and development in the City. • Stakeholder Interviews: Various local organizations were interviewed to receive feedback on the most pressing priorities and needs of target populations. • Pop-Up Events: Structured for short interactions, the pop-up took the form of a booth set up at an event to allow access to a specific stakeholder group. Feedback provided at pop-up events was collected through interactive exercises (dot votes, etc.) or verbal responses to big picture questions.
• Online Feedback Collection (Survey): To broadly access and efficiently obtain information from a large number of geographically distributed citizens, an online survey was prepared. The survey provided an opportunity to leave additional, relevant comments. The survey was announced through City media outlets and disseminated through key community liaisons or stakeholders with access to resident and community groups, business owners, and interest groups.
A detailed summary of community engagement, including participation, methods, and feedback, can be found in Sections PR-10 (Consultations) and PR-15 (Citizen Participation) of this ConPlan.
5. Summary of public comments
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The regional meetings yielded numerous public comments that identified priorities for residents of the City. High priorities identified during the meetings included:
• Affordable housing
• Housing and mental health programs for people with disabilities • Veterans homelessness assistance
• Street outreach to homeless individuals
• Jobs
• Neighborhood revitalization
• Pedestrian and traffic improvements
Stakeholders provided feedback on the priority needs of the City. Priority needs related to housing, services, and public facilities were summarized into several overarching themes including to:
• Increase affordable housing;
• Increase housing opportunities and services for homeless individuals, including homeless prevention;
• Provide respite care for homeless individuals discharged from hospitals; and • Enable emergency/natural disaster resiliency for homeless individuals and low-income families.
Community members provided feedback via the community needs survey. The highest areas of need included:
• Infrastructure
• Homeless services
• Economic development (jobs/businesses)
6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments that were not accepted. The City attempted to incorporate all feedback received through outreach efforts into the plan.
7. Summary
This 2020-2025 ConPlan combines resident feedback, demographic data and analysis, community stakeholder input, and consideration of City resources, goals, other relevant plans, and policies. The results of this combined effort and analysis is the City’s five-year Strategic Plan for the allocation of CDBG, HOME, and ESG funds and activities. These funds will focus on preserving affordable housing, improving community facilities and infrastructure, providing public services to homeless individuals, and improving neighborhood conditions.
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The Process
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency SAN BERNARDINO
CDBG Administrator SAN BERNARDINO Community and Economic Development Department
HOPWA Administrator
HOME Administrator SAN BERNARDINO Community and Economic Development Department
ESG Administrator SAN BERNARDINO Community and Economic Development Department
HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative
The City of San Bernardino (City) is the lead and responsible agency for the US Department of Housing and Urban Development’s (HUD) entitlement programs in San Bernardino. The City’s Housing Division is responsible for administering the City’s HUD entitlement grants, including CDBG, HOME, and ESG.
Entitlement jurisdictions receive entitlement funding (i.e., non-competitive, formula funds) from HUD.
By federal law, the City is required to submit a five-year ConPlan and Annual Action Plan to HUD listing priorities and strategies for the use of its federal funds. The ConPlan helps local jurisdictions to assess their affordable housing and community development needs and market conditions to meet the housing and community development needs of its populations.
Consolidated Plan Public Contact Information
Gretel K. Noble
Housing Division Manager
Community & Economic
Development Department
201 North E Street
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3rd Floor
San Bernardino, CA 92401
Tel: (909) 384-7270
Email: [email protected]
Website: www.ci.san-bernardino.ca.us
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OMB Control No: 2506-0117 (exp. 06/30/2018)
PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and
91.315(I)
1. Introduction
The consultation section of the ConPlan provides detailed information about the agencies, offices, staff and interested parties that were interviewed or consulted during the engagement process. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).
The City of San Bernardino created a comprehensive community engagement program. Community engagement is key for helping the City to identify needs, priorities, goals, strategies, and activities for future housing and community development activities over the five-year Consolidated Plan period.
Engagement activities included a community survey, community meetings, pop-up events, a housing summit, and stakeholder consultations.
As a part of the stakeholder consultation process, the City consulted with a variety of stakeholders, including local and regional community-based organizations, health and mental and behavioral health care providers, and housing service organizations.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness Homelessness. During the development of its ConPlan and Annual Plans and as a general practice, the City coordinated with a variety of housing/shelter organizations, public and mental health agencies, and service providers to discuss community needs. Examples of those consulted include Salvation Army â¿¿ Hospitality House, Dignity Health, Inland Valley Recovery Services, and Community Action Partnership of San Bernardino County; for a complete list see Table 2 below. Their collective feedback was especially valuable in gathering information and shaping priorities for this plan as it relates to special needs populations, general health, and mental health services in the City. Through this process, the City interviewed the Continuum of Care (CoC) to ascertain the needs of homeless individuals throughout the City as well as the organizational needs and challenges of the CoC itself. The CoCâ¿¿s feedback will be used to shape the goals identified in this ConPlan, which will then address the needs of homeless individuals in the City.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS Packet Page. 645
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The San Bernardino County Homeless Partnership (SBCHP) is the administrator of the regional CoC, which serves the entire County. The City continuously coordinates with the CoC to end and prevent homelessness in the County. The CoC is a group composed of stakeholders throughout the County, including governmental agencies, homeless service and shelter providers, homeless persons, housing advocates, affordable housing developers, and various private parties, including businesses and foundations.
The SBCHP is a collaboration among community and faith-based organizations, educational institutions, nonprofit organizations, private industry, and federal, state, and local governments. The partnership focuses on addressing issues of homelessness within the County.
The SBCHP was developed to direct the planning, development, and implementation of the Countyâ¿¿s 10-year Strategy to end chronic homelessness. The partnership leads the creation of a comprehensive network to deliver much-needed services to the homeless and to families and individuals at risk of homelessness through careful planning and coordination among all entities that provide services and resources to prevent homelessness. The Cityâ¿¿s ConPlan is aligned with the SBCHPâ¿¿s 10-year Strategy to end chronic homelessness.
According to the Cityâ¿¿s ESG Policies and Procedures, consultation takes place with participation of City officials, staff serving on the CoC Governance Board, and the Advisory Committee of the CoC Board.
In these roles, the City participates in setting local priorities, certifying need, and the annual review of ESG programs. The Community and Economic Development Department serves as the administrative entity for the ESG and compiles program documentation which includes information about the responsibilities of the CoC and ESG programs, HUD regulations, and policy statements such as coordinated entry system, prioritization and Homeless Management Information System (HMIS) participation. Compiled data is used to report on project outcomes to HUD through the ESG CAPER.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Market Analysis
1 How was the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative(s) attended at least one
community meeting and provided input to
help prioritize the community needs in
the City.
Agency/Group/Organization National CORE - Hope Through Housing Foundation
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
2 How was the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative(s) attended at least one
community forum and provided input to
help prioritize the community needs of
the City.
Agency/Group/Organization NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC.
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
3 How was the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative(s) attended at least one
community forum and provided input to
help prioritize the community needs of
the City.
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4 Agency/Group/Organization Omnitrans
Agency/Group/Organization Type Transit
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What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the Consolidated
Plan.
Agency/Group/Organization County of San Bernardino Homeless Partnership
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically
homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
5 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the Consolidated
Plan.
Agency/Group/Organization San Bernardino County Department of Behavioral Health
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
6 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the Consolidated
Plan.
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Agency/Group/Organization Project Fighting Chance
Agency/Group/Organization Type Services-Children
7 What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy
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How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization INLAND FAIR HOUSING AND
MEDIATION BOARD
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment 8 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization SALVATION ARMY
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically
homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
9 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Center for Employment Opportunities Agency/Group/Organization Type Services-Employment
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy
10 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
11 Agency/Group/Organization Inland Valley Recovery Services, Inc.
Agency/Group/Organization Type Services-Health
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What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically
homeless
Homeless Needs - Families with
children
Homelessness Needs - Veterans
Homelessness Needs -
Unaccompanied youth
How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization FOUNDATION FOR CSU SAN
BERNARDINO
Agency/Group/Organization Type Services-Health
Civic Leaders
What section of the Plan was addressed by Consultation? Market Analysis 12 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Inland Congregations United for Change
Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by Consultation? Housing Need Assessment 13 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization COMMUNITY ACTION PARTNERSHIP
OF SAN BERNARDINO COUNTY
Agency/Group/Organization Type Services-Children
Services-homeless
Services-Health
Services-Employment
14 What section of the Plan was addressed by Consultation? Housing Need Assessment Packet Page. 652
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How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Habitat for Humanity San Bernardino Area
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment 15 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization San Bernardino City Council
Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by Consultation? Housing Need Assessment 16 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Wells Fargo
Agency/Group/Organization Type Services - Housing
Business and Civic Leaders
What section of the Plan was addressed by Consultation? Housing Need Assessment 17 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Community Education Partnership Agency/Group/Organization Type Services-Education
18 What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
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How was the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
Agency/Group/Organization Housing Authority of the County of San Bernardino
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
19 How was the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
Agency/Group/Organization CATHOLIC CHARITIES SAN
BERNARDINO/RIVERSIDE
Agency/Group/Organization Type Services-Elderly Persons Services-homeless
Services-Health
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
20 How was the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
Agency/Group/Organization HOPE THROUGH HOUSING FOUNDATION Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
21 How was the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
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Agency/Group/Organization LOCAL INITIATIVES SUPPORT
CORPORATION
Agency/Group/Organization Type Housing
Services-Health
Services-Education
Services-Employment
What section of the Plan was addressed by Consultation? Housing Need Assessment 22 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Step Up on Second
Agency/Group/Organization Type Services-homeless
Services-Employment
What section of the Plan was addressed by Consultation? Housing Need Assessment 23 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization MARY'S MERCY CENTER
Agency/Group/Organization Type Services-homeless
Services-Health
What section of the Plan was addressed by Consultation? Housing Need Assessment 24 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Alvord Unified School District Agency/Group/Organization Type Services-Health
Other government - State
25 What section of the Plan was addressed by Consultation? Housing Need Assessment Packet Page. 655
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How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Blair Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 26 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization El Sol Neighborhood Educational Center
Agency/Group/Organization Type Services-Children
Services-Health
Services-Education
What section of the Plan was addressed by Consultation? Housing Need Assessment 27 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization San Bernardino Staff
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 28 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization NEIGHBORHOOD HOUSING SERVICES
OF THE INLAND EMPIRE
Agency/Group/Organization Type Housing
29 What section of the Plan was addressed by Consultation? Housing Need Assessment Packet Page. 656
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How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Housing Authority County of San Bernardino
Agency/Group/Organization Type Housing
Other government - County
What section of the Plan was addressed by Consultation? Housing Need Assessment 30 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization San Bernardino Neighborhood
Association
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 31 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Terrace West Housing
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 32 How was the Agency/Group/Organization consulted and
what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed
narrative and data to answer
questions relevant to the
Consolidated Plan.
Agency/Group/Organization Valon Consulting
Agency/Group/Organization Type Business Leaders
33 What section of the Plan was addressed by Consultation? Economic Development Packet Page. 657
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How was the Agency/Group/Organization
consulted and what are the anticipated outcomes
of the consultation or areas for improved
coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization Wildwood Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
34 How was the Agency/Group/Organization
consulted and what are the anticipated outcomes
of the consultation or areas for improved
coordination?
Representative(s) contributed narrative and
data to answer questions relevant to the
Consolidated Plan.
Agency/Group/Organization TMobile
Agency/Group/Organization Type Services - Broadband Internet Service Providers
What section of the Plan was addressed by
Consultation?
Local mobile service provider
35 How was the Agency/Group/Organization
consulted and what are the anticipated outcomes
of the consultation or areas for improved
coordination?
T-Mobile and AT&T were invited to attend the
City's Housing Summit held in February, 2020.
They participated in housing discussions and
solutions at the Summit.
Agency/Group/Organization San Bernardino Valley Municipal Water District
Agency/Group/Organization Type Regional organization
What section of the Plan was addressed by
Consultation?
Resiliency and water resources
36 How was the Agency/Group/Organization
consulted and what are the anticipated outcomes
of the consultation or areas for improved
coordination?
As part of the consultation process SBVMWD
was consulted to discuss water resources for
existing and proposed future development as
well as on-going issues related to water.
Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement.
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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
Continuum of
Care
Potential funding allocations to address homeless needs will complement the CoC strategy.
10 Year Strategy
to End
Homelessness
Continuum of
Care
Potential funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. 2015-2023
Housing Element
City of San
Bernardino
Barriers to and opportunities for affordable housing development analyzed in this plan were considered in the Market Assessment.
The Housing element also provided resiliency data related to housing problems caused by flood prone areas and general water supply needs for all residents.
General Plan City of San
Bernardino
The General Plan was reviewed particularly the Natural
Resources, Energy and Water Conservation, and Utilities chapters. The City enforces the Unreinforced Masonry Law, 1998 related to seismic changes and earthquakes. The City enforces FEMA floodplain requirements particularly for the southeastern portions of the City which is prone to flooding.
Table 3 – Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l))
The collaborative implementation of this ConPlan over the course of the next five years begins with the coordinated efforts of multiple public agencies working together to gather feedback and information for regional and local community needs and priorities. Once needs and priorities are identified, they are then incorporated into the City’s ConPlan, forming both regional and local strategies for addressing those needs and priorities.
Furthermore, community outreach to local leaders, stakeholders, and residents is a critical first step in implementing this plan’s desired community changes. By successfully establishing relationships and trust between the government, those providing services or community improvements, and the beneficiaries of these services or improvements, the City and community can move toward a joint vision for what and how to make community improvements. The agencies, groups, and organizations who participated are listed in the table above. Other local/regional/federal planning efforts can be found above.
Narrative (optional):
City staff, with assistance from consultants, worked to involve housing, social service, and other agencies in the community engagement process including direct solicitation for these agencies to Packet Page. 659
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participate in the community survey, community meetings, and stakeholder interviews. The City will continue to include them in future planning efforts. Agencies who were invited but did not participate are listed here: California Endowment; Cathedral of Praise International Ministries; Center for Individual Development; Central City Lutheran Mission; Clay Counseling Foundation; Community Investment Corporation; Diocese of San Bernardino; Enterprise Community Partners, Inc., Family Service Association of Redlands; Foothill AIDS Project, Grid Alternatives; Home of Neighborly Service; HomeAid Inland Empire; Inland Empire Health Plan; Inland Regional Center; Kaiser Permanente; Legal Aid of San Bernardino; LJR Intellect Academy; Lutheran Social Services of Southern California; Mental Health Systems; Mercy House Living Centers; Molina Healthcare; Mosiac Community Planning, LLC; New Generation for Jesus Christ; Option House; Project Life Impact; Provisional Euducational Services; Restoration House of Refuse, Inc.; San Bernardino Clergy Association; San Bernardino Community College District; San Bernardino County HOPE Team; San Bernardino Public Library; San Bernardino Sexual Assault Services; San Bernardino Unified School District; San Bernardino Valley College; Smooth Transition; Temple Missionary Baptist Church; Time for Change; Ureach-Loma Linda; US Vets; Youth Action Project.
Stakeholders were asked questions and provided feedback on priorities, issues, and solutions in relation to CDBG- and HOME-eligible activities including housing, neighborhood revitalization, and low- to moderate-income household issues. They were asked about their top priorities, neighborhood revitalization, housing problems and their solutions, local organization support, families vulnerable to crisis, broadband internet issues, and how the jurisdiction should spend CDBG and HOME funding.
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PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Outreach is essential to the City’s ability to create an accurate and effective plan, and to allocate resources appropriately. The City attempted to reach as many residents as possible within specific demographics, such as low-income families, persons with disabilities, elderly persons, femaleheaded households, and parents/guardians of children. Receiving feedback from residents, especially those who may receive assistance from grant funds, is critical to the success of the CDBG program. The City reached out to practitioners, agencies, leaders, organizations, and companies who may have the specialized knowledge, experience, resources, and capacity to discuss needs, opportunities, solutions, investments, and how community improvements can be made. All City residents were encouraged to provide input on community needs through citizen participation opportunities.
Community Needs Survey. This community survey was noticed through the newspaper, the City’s website, and distribution of flyers in both English and Spanish. The online and paper survey was made available to the public between January 7, 2020, and February 28, 2020. The survey was provided in English and Spanish. Data gathered from the survey provided community feedback needs for housing, public facilities, infrastructure, homelessness, economic development, and community services, as well as on local demographic data. A copy of the survey, along with the final results, can be found at the attached Community Engagement Summary.
Public Meetings, Stakeholder Interviews, Pop-Up Events, and Housing Summit. Six public meetings were held in the City of San Bernardino, Stakeholder interviews, and a Housing Summit were conducted as part of the engagement program. Flyers were posted beforehand to inform the public of the meetings. To maximize attendance, they were offered at different locations and times of the day. Three meetings were held during the day and three were held in the evening. The Community Engagement Summary includes a flyer of the public meetings. A total of 65 people attended six meetings. Those in attendance included local residents, service providers, and members of the business community.
Community engagement meeting notes held in January 2020 and input from stakeholders helped identify community priorities. Stakeholders were contacted either by phone or visited in person. Each stakeholder were asked a listing of questions that asked about their interaction with the city and future goals and priority needs over the next five years. A Housing Summit was held in the City of which a total of 65 people. Those in attendance included local residents, service providers, and members of the business community. The notes and feedback were helpful in identifying priorities, creating a dialogue with the attendees, and gaining input from stakeholders and the public. Six community engagement meetings were held in January 2020. Pop-Up events included a short dialogue and feedback were also obtained from the public. Three pop-up Packet Page. 661
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events were attended: 1) San Berardino High School football game November 1, 2019, 2) San Bernardino Airshow on November 2, 2019, and 3) City of San Bernardino Winter Wonderland on December 14, 2019. Community Needs Surveys were distributed at the pop-up events and a total of 314 residents responded to the survey from these pop-up events (See attached Community Engagement Summary).
Public Hearings and 30-Day Public Review Period of Draft Consolidated Plan The City will hold a Council public hearing on March 18, 2020, to review the draft ConPlan, and on April 15, 2020, to review and approve the final plan. The City posted notice of the public hearings and draft ConPlan on February 27 for the first public hearing and March 12 for the second hearing. The 30-day public review period began on March 12, 2020 and ended on April 15, 2020.
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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting Nontargeted/broad
community
A total of 65
individuals attended
6 public meetings.
All meeting
discussions are
included in the
Community
Engagement
Summary.
The priority needs
discussed at the
meetings were:
housing, housing
programs for people
with disabilities and
mental health
challenges, affordable
housing, homelessness
issues with veterans
and chronic homeless
individuals,
employment services,
at-risk youth programs,
community facilities for
at risk-youth,
downtown
revitalization and
pedestrian safety
through traffic calming
on 9th, Olive and
Valencia Ave.
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
2 Housing Summit Nontargeted/broad
community
Service providers
41 attendees from 31
service providers and
organizations.
All Summit
comments were
documented in the
Community
Engagement
Summary (See
attached)
All Summit comments
were documented in
the Community
Engagement Summary
(See attached)
3 Housing Summit Service providers,
municipal staff,
council
15 stakeholders were
interviewed. All
comments were
documented in the
Community
Engagement
Summary (See
attached)
All interview
comments were
documented in the
Community
Engagement
Summary (See
attached)
All interview comments
were documented in
the Community
Engagement Summary
(See attached)
4 Housing Summit Nontargeted/broad
community
The survey received
1,011 responses. All
survey information is
documented in the
Community
Engagement
Summary (See
attached)
All survey
information is
documented in the
Community
Engagement
Summary (See
attached)
All survey information
is documented in the
Community
Engagement Summary
(See attached)
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
5 Housing Summit Nontargeted/broad
community
314 responses All pop-up data is
documented in the
Community
Engagement
Summary (See
attached)
All pop-up data is
documented in the
Community
Engagement Summary
(See attached)
6 Newspaper Ad Nontargeted/broad
community
Newspaper, website
flyers and email
outreach was
undertaken
All news
documents are
documented in the
Community
Engagement
Summary (See
attached)
All news documents
are documented in the
Community
Engagement Summary
(See attached)
7 Public Hearing Nontargeted/broad
community
There were no
written or public
comments from the
public hearing.
There were no
written or public
comments from the
public hearing.
There were no written
or public comments
from the public
hearing.
8 Housing Summit Nontargeted/broad
community
There was no written
or public comments
during the 30-day
public comment
period.
There was no
written or public
comments during
the 30-day public
comment period.
There was no written
or public comments
during the 30-day
public comment
period.
Table 4 – Citizen Participation Outreach
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Needs Assessment
NA-05 Overview
Needs Assessment Overview
The Needs Assessment is a collection and analysis of data that assesses the extent of housing problems and housing needs for residents of the City of San Bernardino. The assessment focuses on affordable housing, special needs housing, community development, and homelessness. The information in this section was gathered from HUD’s Comprehensive Housing Affordability Strategy (CHAS) data, American Community Survey (ACS) data, and various other online and City resources. Stakeholder consultations conducted with public agencies, advocates, and local experts have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households. Findings are summarized below.
San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).A disproportionately greater need exists when the members of racial or ethnic group at a given income level experience housing problems at a greater rate (10 percentage points or more) than the income level as a whole.
Housing cost burden is the most common housing problem experienced by households in the City. As a whole, 23 percent of households in the City are cost burdened and 26 percent are severely cost burdened. While no households experience disproportionate need, Black/African American households have the highest rates of severe cost burden at 33 percent. A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. In the City, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction.
The minority racial and ethnic groups were found to experience housing problems at a greater rate of incidence than the region as whole, often exhibiting disproportionate need. Asian, Black/African American, American Indian/Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem.
The Housing Authority of the County of San Bernardino (HACSB) administers the housing choice voucher (HCV) program across the County, including the City, and manages the public housing units in the City.
The HACSB manages multiple public housing units in the City: 154 public housing units at the Maplewood Homes Community, 338 units at Wilson Street Apartments, 400 units at Arrowhead Grove, and various scattered sites throughout the City. The HACSB is currently accepting applications (in early Packet Page. 666
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2020) for Crestview Terrace, a new community on the site of the former Waterman Gardens under construction in the City of San Bernardino. This property will have 116 new units for occupancy, ranging from one to five bedrooms. In addition to public housing, there are approximately 3,000 affordable units, and approximately 2,600 HCV holders live in the City.
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NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c)
Summary of Housing Needs
Identified housing needs in the City include additional housing for single persons particularly the elderly and small families, housing that is affordable to those living below poverty levels, housing for persons living with disabilities, safe neighborhoods, and available affordable housing for the extremely lowincome households. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short-term financial assistance (first/last month’s rent, security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness. Rapid rehousing assistance is an integral component of San Bernardino County’s response to homelessness.
LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home.
Community engagement activities identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City.
Demographics Base Year: 2009 Most Recent Year: 2015 % Change Population 209,924 214,115 2%
Households 57,547 57,580 0%
Median Income $39,405.00 $37,047.00 -6%
Table 5 - Housing Needs Assessment Demographics
Data Source: 2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Number of Households Table
0-30%
HAMFI
>30-50%
HAMFI
>50-80%
HAMFI
>80-100%
HAMFI
>100%
HAMFI
Total Households 13,335 9,795 10,630 6,275 17,550
Small Family Households 5,535 4,230 4,845 2,535 8,815
Large Family Households 2,765 2,225 2,574 1,404 3,150
Household contains at least one
person 62-74 years of age 1,735 1,815 1,974 1,199 3,765 Household contains at least one
person age 75 or older 1,085 975 895 509 1,350
Households with one or more
children 6 years old or younger 4,204 2,905 3,040 1,610 2,319 Table 6 - Total Households Table
Data Source: 2011-2015 CHAS
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Housing Needs Summary Tables
1. Housing Problems (Households with one of the listed needs) Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Substandard
Housing -
Lacking
complete
plumbing or
kitchen facilities 355 100 120 20 595 40 0 45 4 89
Severely
Overcrowded -
With >1.51
people per
room (and
complete
kitchen and
plumbing) 1,060 490 145 200 1,895 90 90 245 150 575
Overcrowded -
With 1.01-1.5
people per
room (and none
of the above
problems) 1,535 905 735 335 3,510 250 375 575 380 1,580 Housing cost
burden greater
than 50% of
income (and
none of the
above
problems) 5,310 2,510 370 25 8,215 1,390 1,110 744 170 3,414 Housing cost
burden greater
than 30% of
income (and
none of the
above
problems) 555 1,860 2,454 815 5,684 300 785 1,540 804 3,429 Packet Page. 670
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Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
Zero/negative
Income (and
none of the
above
problems) 920 0 0 0 920 185 0 0 0 185
Table 7 – Housing Problems Table
Data
Source:
2011-2015 CHAS
2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Having 1 or more
of four housing
problems 8,265 4,005 1,370 580 14,220 1,770 1,575 1,604 710 5,659 Having none of
four housing
problems 1,525 2,525 4,059 2,480 10,589 670 1,685 3,590 2,505 8,450 Household has
negative income,
but none of the
other housing
problems 920 0 0 0 920 185 0 0 0 185
Table 8 – Housing Problems 2
Data
Source:
2011-2015 CHAS
3. Cost Burden > 30%
Renter Owner
0-30%
AMI
>30-50%
AMI
>50-80%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-80%
AMI
Total
NUMBER OF HOUSEHOLDS
Small Related 3,905 2,870 1,635 8,410 705 745 1,165 2,615 Large Related 2,120 1,120 674 3,914 435 685 655 1,775
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Renter Owner
0-30%
AMI
>30-50%
AMI
>50-80%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-80%
AMI
Total
Elderly 895 830 245 1,970 630 515 524 1,669
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Renter Owner
0-30%
AMI
>30-50%
AMI
>50-80%
AMI
Total 0-30%
AMI
>30-50%
AMI
>50-80%
AMI
Total
Other 1,575 840 680 3,095 230 270 260 760
Total need by
income
8,495 5,660 3,234 17,389 2,000 2,215 2,604 6,819
Table 9 – Cost Burden > 30%
Data
Source:
2011-2015 CHAS
4. Cost Burden > 50%
Renter Owner
0-30%
AMI
>30-50%
AMI
>50-
80%
AMI
Total 0-30%
AMI
>30-50%
AMI
>50-
80%
AMI
Total
NUMBER OF HOUSEHOLDS
Small Related 3,710 1,475 245 5,430 595 425 380 1,400
Large Related 1,810 520 35 2,365 345 365 160 870
Elderly 745 495 50 1,290 460 325 194 979
Other 1,385 465 90 1,940 210 145 25 380
Total need by
income
7,650 2,955 420 11,025 1,610 1,260 759 3,629
Table 10 – Cost Burden > 50%
Data
Source:
2011-2015 CHAS
5. Crowding (More than one person per room)
Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Single family
households 2,310 1,215 695 340 4,560 210 365 530 330 1,435 Multiple,
unrelated family
households 280 215 230 150 875 100 100 290 195 685
Other, non-family
households 65 0 0 39 104 30 0 0 10 40
Total need by
income
2,655 1,430 925 529 5,539 340 465 820 535 2,160
Table 11 – Crowding Information – 1/2
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Data
Source:
2011-2015 CHAS
Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total 0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total
Households with
Children Present 3,760 2,030 1,725 7,515 444 875 1,315 2,634 Table 12 – Crowding Information – 2/2
Alternate Data Source Name:
Households with Children
Data Source
Comments: CHAS 2011-2015
Describe the number and type of single person households in need of housing assistance.
According to the ACS 2014-2018 5-Year Estimates, there are 11,511 single-person households in the City, which represents 19 percent of households in San Bernardino (Table 5). Based on the ACS 2014- 2018 5-Year Estimates, single-person households are primarily persons between 35 and 64 years of age (49 percent); however, persons over 65 years make up 38 percent of single-person households. The housing needs of elderly persons may be more problematic to meet than for other residents since the elderly are often living on a fixed income and many have special housing and care needs. The ACS 2014- 2018 5-Year Estimates shows that 17.2 percent of persons living below the poverty level ($12,140 for a single-person household) are seniors over the age of 65 years.
Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking.
Persons with Disabilities: According to the ACS 2014-2018 5-Year Estimates, approximately 12.5 percent (26,221 persons) of the population living in San Bernardino is affected by one or more disabilities. The most prevalent disability affecting this population is ambulatory difficulties, with 53 percent of persons experiencing disabilities having an ambulatory difficulty. This is closely followed by cognitive difficulty at 47 percent.
The symptoms and functional impairments that result from disabling health and behavioral health conditions can make it difficult for people to earn income from employment. Income from disability benefits, such as Supplemental Security Income, is not always sufficient to afford rent without additional assistance. Of 348 survey respondents in the 2019 San Bernardino Homeless Point-In-Time Count, 26 unsheltered adults (7.5 percent) in the City reported to have developmental disabilities and 79 unsheltered adults (22.7 percent) reported to have a mental health disability or disorder that affect their ability to live independently.
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Victims of Domestic Violence: In 2017, the state of California saw 169,362 domestic-violence related calls.[1] The California Department of Justice data reports that calls for services related to domestic violence in San Bernardino County increased by 51 percent since 2014, with 12,012 calls documented in 2017—7 percent of all calls within California. ACS 2013-2107 data shows that residents of San Bernardino County (2,121,220 persons) make up 5.4 percent of the state’s population (38,982,847 persons). Nationwide data is collected annually during a 24-hour Census period; on September 13, 2017, 19,147 domestic violence-related calls were received by local and state hotline staff of the 1,694 out of 1,873 (90%) participating domestic violence programs, and the National Domestic Violence Hotline staff answered 2,205 calls or texts.[2] This averages more than 14 calls every minute. If this level of need continues, the hotlines would receive more than 7.5 million calls per year; the hotlines do not include the supportive services needed to help a victim and their family.
This reflects the larger trend of a rise in violent crime in San Bernardino County. The San Bernardino County Community Indicator Report finds that violent crime has increased by 20 percent since 2014, and specifically the rate of rape increased 74 percent since 2014 (California Department of Justice, 2017 data). In the state of California overall, after reaching a low in 2014, the violent crime rate increased by 13 percent from 2014 to 2017, with rape specifically increasing by 34 percent, although this drastic increase is much lower than the County’s during the same period.[3] Domestic violence, dating violence, sexual assault, and stalking can be precursors to homelessness. The 2019 San Bernardino Homeless Point-In-Time survey identified 35 persons residing in the City who were experiencing homelessness due to fleeing domestic violence, dating violence, sexual assault, and stalking, representing 10.1 percent of the 348 persons experiencing homelessness residing in the City who participated in the survey.
What are the most common housing problems?
As shown in Table 7 (Housing Problems Table), housing cost burden is the most common housing problem experienced by both renters and homeowners. Of the 57,580 households in the city, 20 percent experience severe cost burden (more than 50 percent of monthly earnings going toward housing costs) and 16 percent experience cost burden (more than 30 percent of monthly earnings going toward housing costs).
Are any populations/household types more affected than others by these problems? Forty-six percent of the City’s households are small families. Since small households comprise the largest type of household and since 55 percent of these households are also low-income, they could be more significantly affected by housing problems.
Across all categories (substandard housing, overcrowding, and cost burden), renter households consistently experience housing problems at a greater rate than owner-occupied households (Housing Problems Table). LMI renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). The disparity between renters and homeowners is most significant for households experiencing severe housing cost burden (more than 50 percent of monthly earnings Packet Page. 675
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going toward housing costs), where of the 11,629 households experiencing severe cost burden, 71 percent are renter households. This is followed by housing cost burden (more than 30 percent of monthly earnings going toward housing costs), where 62 percent of the total number of households experiencing cost burden are renter households. As discussed in the previous question, housing cost burden represents the most common housing challenge.
Housing problems are predominantly experienced by extremely low-income households, particularly extremely low-income renters. With the exception of housing cost burden, where low-income (50 to 80 percent AMI) households make up the majority of renting households experiencing cost burden, extremely low-income households consist of at least 40 percent of renters experiencing each housing problem. Further, extremely low-income households (renter and owner-occupied households) are more likely to experience more than one housing problem, with over half of households (55 percent) experiencing more than one housing problem.
Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance Just over 23 percent of households in San Bernardino (13,335 households) qualify as extremely lowincome (Table 6), largely unchanged since 2015 when the 2015-2019 Consolidated Plan was prepared.
Small families (families of four persons or less) comprise 42 percent (5,535 households) of the City’s extremely low-income households. Further, almost a third (4,204) extremely low-income households have at least one child six years or younger. Compounding financial demands that affect low-income families with small children can lead to a high risk of homelessness. Families that rely on low-wage jobs often work nonstandard and/or inflexible hours, which can be restrictive to families with both schoolage and young children. Additionally, low-wage jobs have less access to paid leave or health insurance as compared to high-wage jobs, further exacerbating stress on families with limited resources when children experience injuries and illness.
As evidenced by the number of extremely low-income households experiencing housing cost burden and severe cost burden, affordable housing is a significant need for extremely low-income households in the City. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short-term financial assistance (first/last month’s rent, security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness.
Rapid rehousing assistance is an integral component of San Bernardino County’s response to homelessness. Rapid rehousing is designed to help individuals and families quickly exit homelessness and return to permanent housing through a “housing first” approach where the recipients of assistance do not need to graduate through a series of services before reaching permanent housing. Based on the Rapid Rehousing Program Standards, Practices, & Model Guidelines adopted by the San Bernardino Packet Page. 676
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County Homeless Partnership in January 2019, the program prioritizes a housing first approach to assisting homeless families with children, recognizing that the crisis of homelessness is preventative to obtaining housing and maintaining stability (such as finding affordable housing, employment, assistance programs, etc.). By providing permanent housing quickly, the family is more likely to establish a stable housing situation and avoid returning to homelessness. Rapid rehousing provides community benefits through improving the effectiveness of the County’s homeless services and reducing demand for shelters and other temporary solutions.
If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates:
The City generally defines those households of extremely low incomes and those living below the poverty status to be at risk of becoming homeless. The estimates are based on CHAS data provided by HUD and on ACS data by the US Census Bureau, respectively.
Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness
Housing problems and severe housing problems occur at a higher rate among very low- and extremely low-income households. Cost burden, overcrowding, and poor housing conditions, particularly for renters, all link to an instability in housing that can lead to homelessness. Many lowâ¿ÂÂÂÂincome households have difficulty finding reasonably affordable, suitable rental housing. The lack of options available for these populations leads to housing problems and severe housing problems. Households in the very low- and extremely low-income categories live in housing above their means and face cost burden. Alternatively, they avoid high housing costs by living in substandard housing or with other families or extended families, which contributes to overcrowding.
Discussion
Overall, this assessment finds that:
LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home.
Extremely low-income renters make up the majority of household types experiencing housing problems.
Extremely low-income households, for both renter and owner-occupied households, are more likely to experience more than one housing problem, with over half of the households (55 percent) experiencing more than one housing problem falling within the extremely low-income bracket.
The above findings indicate a lack of affordable housing available to lower income renters, but especially housing that would be affordable to extremely low-income households. Results from the community Packet Page. 677
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meeting corroborate these findings. Attendees identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City.
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NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction
For the purposes of this ConPlan, disproportionately greater need is assumed to exist when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage point of persons in the category as a whole. A household is considered to have a housing problem when their home lacks complete kitchen or plumbing facilities, when there is more than one person per room, or when a cost burden (30% or more of income toward housing) exists.
This section's tables demonstrate the disproportionately greater need across the lower-income levels (0%–30%, 30%–50%, and 50%–80% of AMI). Consistently, across each of the income brackets shown below, American Indian/Alaska Native households experience housing problems at a disproportionate rate. Conversely, White households never exceed the jurisdictional rate for housing problems across all households. It should be noted that the sample sizes for both American Indians/Alaska Native and Pacific Islander households are comparatively small, which may mean the data is not accurate. 0%-30% of Area Median Income
Housing Problems Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 10,885 1,340 1,105
White 1,760 255 365
Black / African American 2,400 325 335
Asian 395 165 70
American Indian, Alaska Native 8 0 0
Pacific Islander 10 0 4
Hispanic 6,110 565 255
Table 13 - Disproportionally Greater Need 0 - 30% AMI
Data Source: 2011-2015 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
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30%-50% of Area Median Income
Housing Problems Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 8,225 1,575 0
White 1,360 360 0
Black / African American 1,405 390 0
Asian 230 95 0
American Indian, Alaska Native 15 0 0
Pacific Islander 10 0 0
Hispanic 4,925 695 0
Table 14 - Disproportionally Greater Need 30 - 50% AMI
Data Source: 2011-2015 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
50%-80% of Area Median Income
Housing Problems Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 6,968 3,660 0
White 1,109 920 0
Black / African American 1,120 445 0
Asian 225 125 0
American Indian, Alaska Native 50 15 0
Pacific Islander 20 0 0
Hispanic 4,279 2,080 0
Table 15 - Disproportionally Greater Need 50 - 80% AMI
Data Source: 2011-2015 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
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80%-100% of Area Median Income
Housing Problems Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 2,909 3,360 0
White 555 855 0
Black / African American 470 355 0
Asian 135 185 0
American Indian, Alaska Native 25 0 0
Pacific Islander 0 0 0
Hispanic 1,729 1,945 0
Table 16 - Disproportionally Greater Need 80 - 100% AMI Data Source: 2011-2015 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
Discussion
The following summarizes the needs of racial and ethnic households by income bracket. Racial and ethnic household groups that experience housing problems at disproportionate rates are bolded.
Eighty-two percent of households with 0%-30% AMI experience at least one severe housing problem:
• One hundred percent of American Indian/Alaska Native households experience at least one housing problem.
• Seventy-one percent of Pacific Islander households experience at least one housing problem. • Seventy-eight percent of Black/African American households experience at least one housing problem.
• Seventy-four percent of White households experience at least one housing problem. • Sixty-three percent of Asian households experience at least one housing problem. • Eighty-eight percent of Hispanic households experience at least one severe housing problem.
Eighty-four percent of households with 30%-50% AMI experience at least one housing problem:
• One hundred percent of American Indian/Alaska Native households experience at least one housing problem.
• One hundred percent of Pacific Islander households experience at least one housing problem.
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OMB Control No: 2506-0117 (exp. 06/30/2018)
• Seventy-eight percent of Black/African American households experience at least one housing problem.
• Seventy-nine percent of White households experience at least one housing problem. • Seventy-one percent of Asian households experience at least one housing problem. • Eighty-eight percent of Hispanic households experience at least one severe housing problem.
Sixty-six percent of households with 50%-80% AMI experience at least one housing problem:
• Seventy-seven percent of American Indian/Alaska Native households experience at least one housing problem.
• One hundred percent of Pacific Islander households experience at least one housing problem. • Seventy-two percent of Black/African American households experience at least one housing problem.
• Fifty-five percent of White households experience at least one housing problem. • Sixty-four percent of Asian households experience at least one housing problem. • Sixty-seven percent of Hispanic households experience at least one severe housing problem.
Forty-six percent of households with 80%-100% AMI experience at least one housing problem:
• One hundred percent of American Indian/Alaska Native households experience at least one housing problem.
• There is no data for Pacific Islander households in this income bracket. • Fifty-seven percent of Black/African American households experience at least one housing problem.
• Thirty-nine percent of White households experience at least one housing problem. • Forty-two percent of Asian households experience at least one housing problem. • Forty-seven percent of Hispanic households experience at least one severe housing problem.
In summary, American Indian/Alaska Native are disproportionately affected by housing problems across all categories. Pacific Islander households are disproportionately affected in almost every category where there is data for their households, with exception for extremely low-income households (0%-30% AMI).
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Demo
Consolidated Plan SAN BERNARDINO 44
OMB Control No: 2506-0117 (exp. 06/30/2018)
NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2)
Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction
A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs.
For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities.
Per HUD definitions, disproportionate housing needs are defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population.
0%-30% of Area Median Income
Severe Housing Problems* Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 10,035 2,195 1,105
White 1,480 540 365
Black / African American 2,280 450 335
Asian 325 230 70
American Indian, Alaska Native 8 0 0
Pacific Islander 10 0 4
Hispanic 5,750 925 255
Table 17 – Severe Housing Problems 0 - 30% AMI
Data Source: 2011-2015 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%
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Consolidated Plan SAN BERNARDINO 45
OMB Control No: 2506-0117 (exp. 06/30/2018)
30%-50% of Area Median Income
Severe Housing Problems* Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 5,580 4,210 0
White 930 790 0
Black / African American 970 825 0
Asian 140 185 0
American Indian, Alaska Native 10 4 0
Pacific Islander 10 0 0
Hispanic 3,295 2,320 0
Table 18 – Severe Housing Problems 30 - 50% AMI
Data Source: 2011-2015 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%
50%-80% of Area Median Income
Severe Housing Problems* Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 2,974 7,649 0
White 414 1,615 0
Black / African American 285 1,280 0
Asian 180 175 0
American Indian, Alaska Native 19 50 0
Pacific Islander 20 0 0
Hispanic 2,020 4,339 0
Table 19 – Severe Housing Problems 50 - 80% AMI
Data Source: 2011-2015 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%
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Demo
Consolidated Plan SAN BERNARDINO 46
OMB Control No: 2506-0117 (exp. 06/30/2018)
80%-100% of Area Median Income
Severe Housing Problems* Has one or more of
four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 1,290 4,985 0
White 140 1,265 0
Black / African American 155 665 0
Asian 80 245 0
American Indian, Alaska Native 25 0 0
Pacific Islander 0 0 0
Hispanic 890 2,779 0
Table 20 – Severe Housing Problems 80 - 100% AMI
Data Source: 2011-2015 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%
Discussion
The following is an analysis of the rates of severe housing problems amongst racial and ethnic minorities of different income categories in comparison to the overall rate of severe housing problems. Racial and ethnic household groups that experience severe housing problems at disproportionate rate are bolded.
Overall, Asian households earning between 50-80 percent AMI disproportionately experience severe housing problems.
Seventy-five percent of households with 0%-30% AMI experience at least one severe housing problem:
• Seventy-four percent of Black/African American households experience at least one severe housing problem.
• Sixty-two percent of White households experience at least one severe housing problem. • Fifty-two percent of Asian households experience at least one severe housing problem. • Eighty-three percent of Hispanic households experience at least one severe housing problem.
Fifty-seven percent of households with 30%-50% AMI experience at least one severe housing problem:
• Fifty-four percent of Black/African American households experience at least one severe housing problem.
• Fifty-four percent of White households experience at least one severe housing problem.
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Consolidated Plan SAN BERNARDINO 47
OMB Control No: 2506-0117 (exp. 06/30/2018)
• Forty-three percent of Asian households experience at one severe housing problem. • Fifty-nine percent of Hispanic households experience at least one severe housing problem.
Twenty-eight percent of households with 50%-80% AMI experience at least one severe housing problem:
• Eighteen percent of Black/African American households experience at least one severe housing problem.
• Twenty percent of White households experience at least one severe housing problem. • Fifty-one percent of Asian households experience at least one severe housing problem. • Thirty-two percent of Hispanic households experience at least one severe housing problem.
In summary, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem.
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Consolidated Plan SAN BERNARDINO 48
OMB Control No: 2506-0117 (exp. 06/30/2018)
NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction:
A household is considered cost burdened if they pay more than 30 percent of their household income toward housing costs. As per HUD definitions, disproportionate housing needs are defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR §
5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population.
Housing Cost Burden
Housing Cost Burden <=30% 30-50% >50% No / negative
income (not
computed)
Jurisdiction as a whole 28,175 13,053 15,039 1,315
White 8,355 2,655 2,520 440
Black / African American 3,869 2,325 3,259 335
Asian 1,415 380 595 90
American Indian, Alaska
Native 85 30 60 0
Pacific Islander 35 20 20 4
Hispanic 13,940 7,414 8,160 365
Table 21 – Greater Need: Housing Cost Burdens AMI
Data Source: 2011-2015 CHAS
Discussion:
As a whole, 23 percent of households are cost burdened and 26 percent are severely cost burdened.
Approximately 19 percent of White households, 24 percent of Black/African American households, 15 percent of Asian households, and 25 percent of Hispanic households are cost burdened. No households are disproportionately cost burdened or severely cost burdened.
Overall, there is a high rate of cost burden within the City; however, Black/African American households have the highest rates of severe cost burden at 33 percent.
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Consolidated Plan SAN BERNARDINO 49
OMB Control No: 2506-0117 (exp. 06/30/2018)
NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Asian, Black/African American, American Indian and Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem.
Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction.
Citywide, 23 percent of households are cost burdened and 26 percent are severely cost burdened.
Approximately a quarter of Hispanic households and one-third of all Black/African American households are cost burdened. However, no racial or ethnic groups are disproportionately cost burdened or severely cost burdened.
Please see discussions in NA-15, NA-20, and NA 25 for more information.
If they have needs not identified above, what are those needs? Stakeholder consultations have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households.
Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community?
Minority concentration is defined as a census tract where the percentage of individuals of a particular racial or ethnic minority group is at least 20 percentage points higher than the citywide average.
Minority refers to all ethnic groups other than non-Hispanic White.
The City of San Bernardino is 60 percent White, 16.7 percent Black/African American, 5.7 percent Asian, and 64.3 percent Hispanic (regardless of race). The map below displays census tracts in the City that have a minority concentration. As displayed in the attached minority concentration map. Five census tracts have a Hispanic minority concentration.
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Consolidated Plan SAN BERNARDINO 50
OMB Control No: 2506-0117 (exp. 06/30/2018)
NA-35 Public Housing – 91.205(b)
Introduction
The HACSB is the regional entity that manages and maintains housing units and administers Housing Choice Voucher programs across the County, including the City of San Bernardino. There are approximately 2,600 voucher holders in the City of San Bernardino.
Over 10,700 housing vouchers are currently active countywide. The majority of voucher holders have a tenant-based voucher, which is a type of voucher that allows the holder to use the voucher at any housing unit where the landlord will accept it. Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. Some households are duplicates.
The following tables describe the number of housing vouchers in use within the County and the demographics of those receiving vouchers. Data on the number of vouchers in use within the City is unavailable.