Agenda packet — San Fernando City Council, March 17, 2025 (part 2 of 3)

March 17, 2025 CC Regular Mtg

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ADM_City Council Enhancement Project and Priority Updates (3‐17‐2025) ATT DAs of 01/23/2024 2098 8/10/2022 Project Completion Department of Transportation (Caltrans) Program Supplement No. F014 to
Administering Agency-State Agreementfor Federal-Aid Project no. 07-5202F15(Project No. ATPL-5202(020) - PacoimaWash Access Road from Fourth St toEighth St $2,486,000.00 - Admin PW
Replace signature page when Caltrans signs
2199 9/22/2023 Project Completion State of California Department of Transportation Funds Transfer Agreement - Budget Act
of 2022 (the Act) from the State GeneralFund to Caltrans, to be allocated to SanFernando for the Pacoima WashPedestrian Bridge $7,500,000.00 CC ADM
2218 12/5/2023 Project Completion Climate Resolve, Fernandeño- Tataviam Band of Mission Indians, and Pacoima Beautiful Partnership Agreement for the Partnership Structure for the SF Climate Action Resilience Plan Project - Admin ADM/C D2177 7/17/2023 Through
expediture of
Grant Funds
Northeast Valley Health Corporation
State of California Department HealthCare Services Appropriation $5,000,000.00 - CC ADM 2177(a) 8/3/2023
Through
expediture of
Grant Funds
Northeast Valley Health Corporation
Addendum to MOU regarding State ofCalifornia Department Health CareServices Appropriation $5,000,000.00 - CC ADM
2317 11/18/2024
Through
expediture of
Grant Funds
Los Angeles County Flood Control District (LACFCD)
MOU for Well 3 Nitrate RemovalTreatment System Grant Funds $750,000.00 - CC PW Grant Replace signature following LACFCD signing
2212 11/15/2023 Until Project Completion 4Leaf, Inc. Development of Standard Operating Procedures (SOPS) $9,900.00 - Admin CD 2212(a) 8/30/2024 Until Project Completion 4Leaf, Inc. First Amendment Development of Standard Operating Procedures (SOPS) (Increasing compensation $17,160.00 - Admin CD 2212(b) 3/5/2025 Until Project Completion 4Leaf, Inc. Second Amendment Development of Standard Operating Procedures (SOPS) $17,160.00 - Admin CD Increasing compensation 2314 8/22/2013 Until Terminated Federico Ramirez Employment Agreement for Community Development Director Salary - ADM Executed administratively, adding Contract Number
2128 8/18/2016 Until Terminated Urban Futures, Inc. Analystics & Compliance Solutions On-Going Continuing Disclosure Services for annual reporting $950.00 - FIN Director FIN Originally approved by Finance Director, Sandra R. forwarded to Clerk's Office for filing 1984 5/3/2021 Until Terminated 1100 Truman Street, LLC
One-Way Access Agreement for Accessto City Parking Lot (Drive Aisle to connectAPNs 2521-034-007 & 2521-034-009 toCity Lot No. 5) - - CC PW
1698(a1) 1/1/2023 Until Terminated Olivarez Madruga Law Organization, LLP (OMLO) Second Amendment for attorney services (Compensation) Partners/Associate ($216) & Parelegals ($103) - Admin ADM Nick signed hardcopy & Julie emailed to OMLO

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March 17, 2025 CC Regular Mtg

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ADM_City Council Enhancement Project and Priority Updates (3‐17‐2025) ATT DAs of 01/23/2024 2149 5/1/2023 Until Terminated Shuster Advisory Group, LLC and ALTA Trust Company Adoption Agreement for the MultipleEmployer OPEB/Pension 115 Trust &Trust Administrative Services Agreementto Provide Post-Employment Health andWelfare Benefits (OPEB) $5,000/plan max - CC FIN
1698(b) 11/28/2023 Until Terminated Olivarez Madruga Law Organization, LLP (OMLO) Second Amendment for City Attorney Services (Amended Schedule of Rate & Charges) Per Rate Schedule - CC ADM 2234 3/20/2024 Until Terminated The Los Angeles Homeless Services Authority (LAHSA) Greater Los Angeles Homeless Management Information System (LA HMIS) Continuums of Care (CoC) $0.00 - Admin CD 2269 7/15/2024 Until Terminated County of Los Angeles MOU & Funding Agreement to Participate in Taskforce for Regional Autotheft Prevention (TRAP) - - CC PD 2270 7/19/2024 Until Terminated US Bank
Establish P-Card Program (NASPO ValuePoint State of California ParticipatingAddendum 7-20-99-42 Local AgencySubsidary Agmt) $0.00 - Admin FIN
1906(b) 9/16/2024 Until Terminated Nick Kimball, City Manager Second Amendment to Employment Agreement - City Manager $251,767.00 - CC ATTY 2335 1/6/2025 Until Terminated Los Angeles County Regional Park and Open Space District (RPOSD) Grant Agreement for Measure A Annual Allocation - CC RCS Grant 2303 2/26/2021
Upon
Completion of
Project
Los Angeles County Metropolitan Transportation Authority (LACMTA) Letter of Agreement for Federal Projects
Programmed Through the LACMTA Callfor Projects (San Fernando PacoimaWash Bike Path ID# F1505,LOA.P00F1505) $1,513,000.00 - Admin PW
Filed as Administrative Contract, Added a Contract Number and moved to correct folder

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ATTACHMENT "E"
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NVCS By-Name List
February 2025
No. Participant's Initials Former Location Housing Placement Date of Housing Referral Date Placed Current status Total No. of
Services Received
Itemized Services Received
Transportation Food & Drink Clothing
Hygiene
Items
Info /
Brochure
Housing Search
and Placement DMH DMV Benefits
1 AB 905 Truman St. Waiting 2/4/25 Waiting Waiting 21
2 EO 901 San Fernando Rd. Referral not Submitted Not Submitted Waiting Waiting 10 3 JP 968 Maclay Client Declined Shelter Declined Declined Declined 6 4 PEL 1011 Seventh St. Client Declined Shelter Declined Declined Declined 16 5 MM 14701 Rinaldi Tiny Homes Sun Valley 01/10/25 1/14/25 Housed 1 6 CF 111 N Macneil St. Waiting 1/31/25 Waiting Waiting 3 7 RC 900 San Fernando Rd. Client Declined Shelter Declined Declined Declined 0 8 FD 111 N Macneil Client Declined Shelter Declined Declined Declined 1 9 CA 505 S Huntington St. Client Declined Shelter Declined Declined Declined 3 10 RPDL 1242 Pico St. Client Declined Shelter Declined Declined Declined 8 11 VR 1212 Pico St. Client Working with other agency Not Submitted Not submitted Waiting 9 12 EH 1212 Pico St. Client Working with other agency Not Submitted Not submitted Waiting 9 13 HP 314 San Fernando Rd. Client Declined Shelter Declined Declined Declined 3 14 VGV 1100 Pico St. Client Declined Shelter Declined Declined Declined 4 15 SM 1033 Truman St. Community Bridge 2/10/25 2/10/25 Housed 11 16 CJ 910 First St. Client Declined Shelter Declined Declinde Declined 26 17 JT 224 N Maclay Client Declined Shelter Declined Declined Declined 12 18 BC 2040 Glenoaks Client Declined Shelter Declined Declined Declined 18 19 DR 455 San Fernando Mission Client Declined Shelter Declined Declined Declined 4 20 AG 757 S Workmen St. Client Declined Shelter Declined Declined Declined 9 21 JD 504 Maclay Client Declined Shelter Declined Declined Declined 0 22 RBL 1021 Truman Client Declined Shelter Declined Declined Declined 0 23 JDBS 1014 San Fernando Mission Client Declined Shelter Declined Declined Declined 0 24 ER 121 S Brand Bl. DMH Referral DMH Referral Waiting Waiting 6 25 MP 1011 Seventh St. Client Declined Shelter Declined Declined Declined 0 26 AF 900 San Fernando Rd. Referral not Submitted Not Submitted Not Submitted Waiting 5 27 GR 1015 San Fernando Rd. Client Declined Shelter Declined Declined Declined 0 28 JM 111 N Macneil St. Community Bridge 2/5/25 2/5/25 Housed 3 29 JD 2040 Glenoaks Client Declined Shelter Declined Declined Declined 0 30 RF 1041 Truman St. Client Declined Shelter Declined Declined Declined 0 31 IM 1101 Truman St. Client Declined Shelter Declined Declined Declined 0 32 RG 2025 Fourth St. 6
33 TL 2040 B Glenoaks Client Declined Shelter Declined Declined Declined 2 34 JD 2040 C Glenoaks Client Declined Shelter Declined Declined Declined 2 35 CR 1011 Seventh St. Client Declined Shelter Declined Declined Declined 1 36 DB 907 Truman St. Client Declined Shelter Declined Declined Declined 3 37 JD 661 Truman St. Client Declined Shelter Declined Declined Declined 2 38 GT 2040 Glenoaks Blvd Pending with other Agency Not Submitted Not Submitted Waiting 3 39 AL 2040 Glenoaks Blvd Client Declined Shelter Declined Declined Declined 3 40 JD 1033 San Fernando Rd. Client Declined Shelter Declined Declined Declined 0 41 KD 1049 San Fernando Rd. Client Declined Shelter Declined Declined Declined 2 42 WD 2040 Glenoaks Blvd Client Declined Shelter Declined Declined Declined 2 43 CD 2040 Glenoaks Blvd Client Declined Shelter Declined Declined Declined 3 44 JKT 910 First St. Client Declined Shelter Declined Declined Declined 0 45 JD 901 San Fernando Rd. Client Declined Shelter Declined Declined Declined 0 46 JD 1041 Truman Client Declined Shelter Declined Declined Declined 0 47 JD 1701 Hubbard Client Declined Shelter Declined Declined Declined 0 48 GR 208 Park Av Client Declined Shelter Declined Declined Declined 0 TOTALS 5 30 14 10 6 2 2 0 0
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Home Again LA
February 2025
Social Service Referrals Rental Assistance Security Deposit Shelter Assistance Housing Navigation Head of Household Initials Family Size Enrollment Date Exit Date Clothing DPSS CalFresh Employment Housing
Resources LIFE TAP Card Regional Rides Legal Resource ID Waiver CBEST EDD Utility
Asst. SF Program
LAHSA Problem
Solving Amount
Outcome
of Family SF Program
Outside
Agency Amount
Outcome
of Family Motel
90-day
Shelter
Outside
Agency
Outcome
of Family
Housing
Navigation
Outcome
of Family
1 PML 2 2/3/2025 2/3/2025 1
2 DA 4 2/3/2025 ongoing 1 1 1
Family still
in motel
program 1
Family still
looking for
housing
4 VM 2 2/10/2025 2/10/2025 1
5 MR 4 01/06/2025 02/04/2025 1 1 1
Exited
motel
program,
referred to
LAFH
6 DM 6 12/12/2024 02/06/2025 1 1 1 1 $1,998.00 Housed 1 Exited
shelter and
secured
housing 1
7 GE 6 01/28/2025 ongoing 1 1 1 1
Family still
in motel
program 1
8 MV 4 01/31/2025 ongoing 1 1 1
Family still
in motel
program 1
9 EO 1 02/10/2025 ongoing 3
10 CJ 1 02/10/2025 ongoing 5
11 IL 1 02/10/2025 02/10/2025 1
12 GP 1 02/10/2025 02/10/2025 1 1
13 PS 1 02/11/2025 02/11/2025 1
14 AC 1 02/24/2025 02/24/2025 1 1
Connected
to Tarzana
Tx
Center/Re
newed
Hope/Cent
ers for
Living &
Learning.
15 BS 1 02/26/2025 02/25/2025 1
16 MR 4 02/27/2025 02/27/2025
Total Individuals 39 3 Total Social Service Referrals 25 Total Families 0 Total Amount $0.00 Total Families 1 Total Amount $1,998.00 Total Families 6 Total Families 4 March 17, 2025 CC Regular Mtg Page 167 of 394
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AGENDA REPORT
POLICE DEPARTMENT 910 FIRST STREET, SAN FERNANDO, CA 91340 (818) 898-1250 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Will Pettener, Assistant to the City Manager

Date: March 17, 2025
Subject: Consideration to Approve Public Release and Circulation of Request for Proposals for Labor Attorney Services
RECOMMENDATION:

It is recommended that the City Council approve the release and circulation of a Request for Proposals (RFP) for Labor Attorney Services (Attachment “A”).

BACKGROUND:

1. On December 2, 2013, subsequent to a lengthy Request for Proposal process, the City Council approved an Agreement for Special Services with Leibert Cassidy Whitmore (LCW) to provide Labor and Employment Legal Services.

2. On or about July of each Fiscal Year (FY) since FY 2013-2014, the City Council has approved the renewal of the Agreement for Special Services with LCW.

3. On July 1, 2024, the City Council approved a renewal of the Agreement for Special Services with LCW for FY 2024-2025.

ANALYSIS:

A labor attorney for a city government serves as a critical advisor and representative in all matters related to employment and labor relations, ensuring the city complies with complex federal, state, and local labor laws. Labor attorneys provide guidance on issues such as employee discipline, grievances, collective bargaining negotiations, contract interpretation, and compliance with employment regulations like Fair Labors Standards Act (FLSA), Family Medical Leave Act (FMLA), and American’s with Disabilities Act (ADA). Additionally, labor attorneys represent the city in disputes before administrative bodies and courts, help manage risk related to employment practices, and advise on policies to maintain positive labor-management relations while protecting the city's legal and financial interests.

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Consideration to Approve Public Release and Circulation of Request for Proposals for Labor Attorney Services

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In an effort to invite additional competition and ensure the City is receiving the best possible price for the services rendered, the City Council requested a formal bidding process for labor attorney services. The proposed RFP (Attachment “A”) seeks a five-year term, commencing in FY 2025-2026, with the option to extend an additional 3 years by mutual agreement.

The scope of services in the proposed RFP was revised and expanded from the previous bidding process in 2013 to more explicitly state all of the key functions that will be deemed regular duties for the selected firm. The following is a proposed list of regular services:

1. General Legal Counsel on Employment & Labor Matters
a) Advising City management on federal, state, and local employment laws (e.g., FLSA, FMLA, ADA, EEOC regulations).
b) Ensuring compliance with municipal personnel policies and collective bargaining agreements.
c) Reviewing and updating employee handbooks, policies, and procedures. d) Reviewing and updating the City’s Personnel Rules.

2. Labor Relations & Collective Bargaining
a) Representing the City in negotiations with labor unions. b) Drafting and interpreting collective bargaining agreements (CBAs). c) Advising on labor disputes, grievances, and arbitration. d) Handling contract interpretation issues and disputes with employee unions.

3. Employment Litigation & Dispute Resolution
a) Defending the City against employment-related claims, including wrongful termination, harassment, discrimination, and wage disputes.
b) Representing the City before administrative bodies (e.g., EEOC, Department of Labor). c) Managing mediation and arbitration proceedings.
d) Providing guidance on employee discipline and terminations to mitigate legal risks.

4. Workplace Investigations
a) Conducting or overseeing independent investigations into employee misconduct, harassment, or discrimination complaints.
b) Advising on corrective actions and legal obligations following investigations.

5. Training & Compliance
a) Providing training for managers and supervisors on labor laws, discrimination prevention, workplace harassment, and best practices.
b) Conducting compliance audits to identify and address employment law risks.

6. Public Safety Employment Issues
a) Advising on Police Department employment matters, including disciplinary actions and procedural due process rights.
b) Handling matters involving the Public Safety Officers Procedural Bill of Rights (POBR).

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Consideration to Approve Public Release and Circulation of Request for Proposals for Labor Attorney Services

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7. Wage & Hour Compliance
a) Advising on fair labor standards, overtime laws, and pay equity issues. b) Conducting audits to ensure wage compliance.
c) Advising on payroll tax practices and applicability.

8. Pension & Benefits Consultation
a) Providing guidance on retirement and pension-related issues, including compliance with public employee retirement systems (e.g., CalPERS).
b) Advising on health benefits, leave policies, and disability accommodations.

9. Crisis Management & Emergency Labor Issues
a) Assisting in labor and employment matters during emergencies, such as public health crises or natural disasters.
b) Advising on temporary policies and workforce changes during emergencies.

10. Legislative & Policy Updates
a) Monitoring new labor laws and regulations affecting municipal employees. b) Advising on policy changes and compliance strategies. c) Review and update the City’s Personnel Policies and Procedures. d) Review and update the City’s Personnel Rules.

If approved by the City Council, the RFP will be released on March 24, 2025, with a tentative submission deadline of May 20, 2025. Interviews will be scheduled with top candidates in June, if necessary. The final selection and presentation of a new agreement with the selected firm will be brought to City Council by July 2025 for approval.

BUDGET IMPACT:

There is no budget impact associated with the release of the Request for Proposals for Labor Attorney Services. Annual costs associated with Labor Attorney Services are appropriated each year during the Budget Process.

CONCLUSION:

Staff recommends that the City Council approve the release and circulation of a Request for Proposals for Labor Attorney Services.

ATTACHMENT:

A. Request for Proposals for Labor Attorney Services
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ATTACHMENT “A”

REQUEST FOR PROPOSALS
Notice is hereby given that sealed proposals will be received by the City of San Fernando, California, for furnishing the following:

LABOR ATTORNEY SERVICES
in strict accordance with the Specifications on file in the office of the SAN FERNANDO ADMINISTRATIVE SERVICES DEPARTMENT, 117 Macneil Street, San Fernando, California, 91340.

Copies of specifications and proposal documents may be obtained from the City’s website at SFCITY.ORG/rfps-rfqs-nibs-nois/.

An electronic copy of the proposal must be submitted in PDF format via email to the CITY CLERK DEPARTMENT at [email protected]. The deadline for RFP submissions is 5:00 p.m. on Tuesday, May 20, 2025. Any bidder may withdraw their proposal, without obligation, at any time prior to the scheduled closing time for receipt of proposals. A withdrawal will not be effective unless made personally or by telephonic notification received prior to the closing date. Proposals may later be referred to the City Council for appropriate action. The City reserves the right to reject any or all proposals as the best interests of the City may dictate.

By: ________________________________
Julia Fritz, City Clerk
Published in The San Fernando Sun on __________ 2025.

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City of San Fernando RFP

REQUEST FOR PROPOSALS
The Administrative Services Department is requesting proposals for:

LABOR ATTORNEY SERVICES
RELEASE DATE: March 24, 2025
RESPONSE DUE: May 20, 2025
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GENERAL INFORMATION
The City of San Fernando is interested in contracting with an experienced legal firm to provide labor attorney services for a five-year term, commencing in FY 2025-2026, with the option to extend an additional three years by mutual agreement. The required services and performance conditions are described in the Scope of Work.

BACKGROUND
The City of San Fernando was incorporated in 1911 and is currently organized according to the City Council/City Manager form of government with seven departments, including a Police Department, Public Works Department, and Recreation and Community Services Department.

The City employs approximately 111 full-time employees from a total Adopted Budget for fiscal year 2024-2025 of $52.9 million, which includes a General Fund budget of $26.7 million. The City is a member of the Independent Cities Risk Management Authority (ICRMA) which provides insurance coverage for Liability, Workers Compensation, Property, Cyber, and Auto physical and liability Coverage. If selected, the law firm must comply with the ICRMA’s “Litigation

RFP OVERVIEW & TIMELINE
RFP Title: Labor Attorney Services
Scope of Work: See “Scope of Work” Section on Pages 5-7 RFP Submittal Information: Submit electronic copies of their proposal in PDF format via email to the CITY CLERK DEPARTMENT at
[email protected], with the subject “City of San
Fernando - RFP Labor Attorney Services”
RFP Due Date: Tuesday, May 20, 2025 by 5:00 PM PST
RFP Submittal Requirements: Submitted Proposals must include the information described in the “INFORMATION TO BE SUBMITTED”
Section on Pages 8 & 9 of this RFP.

Submitted Proposals will be considered non-responsive
if the Proposal does not provide all requested
information.

City Contact: Sergio Ibarra
Human Resources & Risk Manager
Phone: (818) 898-1220
Email: [email protected]
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Management Policies and Procedures”, which be found at www.icrma.org. The City is a cost conscious provider of outstanding public services to its citizens and local businesses.

The City believes that open competition for services provides the City with the best results for its public dollars. The City is interested in receiving responsive and competitive Request for Proposals (RFP) from experienced and qualified firms to provide labor attorney services. What follows is a description of the technical environment, contractor staffing, qualifications, and performance expectations.

INSTRUCTIONS TO SUBMITTING FIRMS
A. Examination of Proposal Documents
By submitting a proposal, the prospective firm represents that it has thoroughly examined and become familiar with the services required under this RFP, and that it is capable of delivering quality services to the City in a creative, cost-effective & service-oriented manner.

B. Questions/Clarifications
Please direct any questions regarding this RFP to Sergio Ibarra, Human Resources & Risk Manager via e-mail at [email protected]. Questions must be received by 5:30 p.m. on Monday, April 28, 2025. All questions received prior to the deadline will be collected and responses will be emailed by Monday, May 5, 2025.

C. Submission of Bid Proposals
All bid proposals shall be submitted via email to the City Clerk Department at [email protected] and the subject line of the email shall read, “City of San Fernando RFP – Labor Attorney Services.” Proposals must be received no later than Tuesday, May 20 at 5:00 PM PST. All proposals received after that time will not be accepted.

D. Withdrawal of Proposals
A firm may withdraw its proposal at any time before the due date for submission of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of the prospective firm.

E. Rights of City of San Fernando
This RFP does not commit the City to enter into a Contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract.

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The City reserves the right to:
1) Make the selection based on its sole discretion;
2) Reject any and all proposals without prejudice;
3) Issue subsequent Requests for Proposal;
4) Postpone opening for its own convenience;
5) Remedy technical errors in the Request of Proposal process; 6) Approve or disapprove the use of particular sub-contractors; 7) Negotiate with any, all, or none of the prospective firms; 8) Solicit best and final offers from all or some of the prospective firms; 9) Accept other than the lowest offer; and/or
10) Waive informalities and irregularities in the proposal process.

F. Contract Type
It is anticipated that a standard form professional services agreement contract will be signed subsequent to City Council review and approval of the recommended firm.

G. Collusion
By submitting a proposal, each prospective firm represents and warrants that; its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the prospective firm has not directly, induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and, that the prospective firm has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

SCOPE OF SERVICE
The following section describes the specific services being requested by this RFP. The City currently has 111 Full-Time employees, 74 Part-Time employees, and 10 Reserves (Volunteers). Additionally, the City has six (6) bargaining units that are currently under multi-year bargaining agreements.

Negotiations for successor agreements with each of the units will begin in Fiscal Year 2026-2027.

The following is a list of the City’s current bargaining units:

Represented by SEIU 721
• San Fernando Public Employees Association
• San Fernando Management Group
• SF Part-time Employees Bargaining Unit
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Police Department Bargaining Units
• San Fernando Police Officers Association (POA)
• San Fernando POA – Management Unit
• San Fernando Police Civilians Association
Required Services:

6. Public Safety Employment Issues
a) Advising on police department employment matters, including disciplinary actions and procedural due process rights.
b) Handling matters involving the Public Safety Officers Procedural Bill of Rights (POBR).

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PROPOSED TERM OF CONTRACT
The proposed term of the contract is five-years, commencing in FY 2025-2026, with the option to extend an additional three-years by mutual agreement.

SCHEDULE FOR SELECTION
RFP Available: March 24, 2025
Deadline for submittal of Questions: April 28, 2025
Response to Questions: May 5, 2025
Deadline for submittal of Proposal: May 20, 2025
Interviews (if necessary) June 2025
Agreement Presented to Council for Review & Approval: July 2025

METHOD OF SELECTION AND NOTICES
The Human Resources & Risk Manager will evaluate the information provided in the submitted proposals using the following criteria as a guideline:

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• Completeness and Comprehensiveness.
• Responsiveness to City’s issues.
• Potential to benefit the City.
• Experience of the firm providing similar services to other municipalities. • Cost effectiveness.
• Quality of proposed staff.

INFORMATION TO BE SUBMITTED

1. Prospective Firms must submit one digital copy of their proposal via email in PDF format.

2. Include a Proposal Summary Section
This section shall discuss the highlights, key features, and distinguishing points of the Proposal. A separate sheet shall include all the contact people on the Proposal and how to communicate with them.

3. Include a Profile of the Proposing Firm(s) Section
This section shall include a brief description of the Firm, including size, location of office(s), number of years providing service, organizational structure of the responsible division, etc.

Additionally, this section shall include a listing of any lawsuit and the result of that action resulting from (a) any public project undertaken by the Firm where litigation is still pending or has occurred within the last five years or (b) any type of project where claims or settlements were paid by the Firm or its insurers within the last five years.

4. Include a Qualifications of the Firm Section
This section shall include a brief description of the Firm’s qualifications and previous experience ofsimilar or related services provided to other agencies. Provide a description of pertinent experience with other public municipalities (maximum of four) that includes a summary of the work performed, the total amount billed, the period over which your Firm represented the agencies, and the name, title, and phone number of clients to be contacted for references.

5. Include a Work Plan Section
In this section, present a well-conceived service plan. This section of the proposal shall establish the Firm’s understanding of the City’s Scope of Services in this RFP and the Firm’s ability to satisfy the objectives and requirements outlined in the scope. Describe March 17, 2025 CC Regular Mtg Page 181 of 394

the proposed approach for addressing the scope of service, outlining the approach that would be undertaken in providing the requested services. Describe related service experience by the Firm in similar work. Please describe the role, extent of services (number of people used, engagement duration, and contract value).

6. Include a Proposed Staffing Section
In this section, discuss how the Firm would propose to staff the City’s requested labor service needs. Firm’s key team members shall be identified by name, specific responsibilities and their qualifications. An organizational chart for the attorney team and resumes for key Firm personnel shall be included. Key Firm personnel will be an important factor considered by the Human Resources & Risk Manager. There can be no change of key personnel once the proposal is submitted, without prior approval of the City.

7. Include a Proposal Costs Sheet and Rates Section
In this section, include the proposed costs to provide the services desired. Include any other cost and price information that would be contained in a potential agreement with the City.

In addition, include the costs for any other services that are considered optional additions.

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AGENDA REPORT
PUBLIC WORKS DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1222 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Wendell Johnson, Director of Public Works

Date: March 17, 2025
Subject: Consideration to Accept Project Completion and Authorize the Recordation of a Notice of Completion for Phase 3 of the Annual Street Resurfacing Project RECOMMENDATION:

It is recommended that the City Council:
a. Accept the improvements as constructed by American Asphalt South, Inc., and consider the work completed;
b. Authorize the issuance and filing of a “Notice of Completion” (Attachment “A”) with the Los Angeles County Office of the Registrar-Recorder/County Clerk; and c. Authorize the release of the five (5) percent retention amount of $85,971.65 after the 35-day lien period from the date the Notice of Completion is recorded.

BACKGROUND:

1. As part of the City’s Fiscal Year (FY) 2023–2024 Budget, the City Council approved funding involving the rehabilitation of local roads. This project was funded through Senate Bill (SB) 1, Measure M, Proposition C, State Gas Tax, Measure R, and STP-L funds and included the installation of slurry seal, new traffic striping, curb and gutter improvements and painting of house addresses within the project limits.

2. On April 2, 2024, the City Council awarded Contract No. 2237 to American Asphalt South, Inc., (Contractor) in the amount of $1,800,173.60 for roadway resurfacing and concrete improvements.

3. On June 10, 2024, a Notice to Proceed was issued to the Contractor.

4. On October 31, 2024, work was completed by the Contractor.

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Consideration to Accept Project Completion and Authorize the Recordation of the Notice of Completion for the Phase 3 of the Annual Street Resurfacing Project

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ANALYSIS:

The City has an ongoing Annual Street Resurfacing Program to address deferred maintenance and improve the general condition of its approximate 50 miles of streets and alleys. The City receives approximately $2 million annually in street repair allocations from various State and County funding sources to put toward this program. In order to meet the City Council’s Strategic Goal of rebuilding the City’s infrastructure, staff developed a plan in 2021 to address more of its streets through a much more cost effective slurry seal treatment rather than costly thin overlay treatment. Phase 1, completed in May 2023, and Phase 2, completed in September 2023, focused on slurry seal of streets in fair condition and extend their useful life.

The Phase 3 Annual Street Resurfacing Project consisted of roadways that were moderately-tosignificantly deteriorated with cracks and potholes, so a more robust three-step slurry seal process was performed. These are streets that typically require an overlay treatment, which involves cold milling existing asphalt and placement of new asphalt. The three-step process involved multiple layers of asphalt slurry that help to fill, level, and create a more acceptable travel surface to the road at a significant reduction in price, when compared to traditional overlays. In addition, a couple of road segments underwent a crack sealing and micro-surfacing treatment, which consists of a pavement seal layer that preserves and extends its life (Attachment “B”).

The construction management firm, Geotechnical, Inc. (GMU), oversaw the project and was tasked with providing inspection services. A GMU inspector monitored the worksite on a daily basis throughout the project duration to ensure that work was performed in accordance with the prescribed plans and specifications. The scope of work included:
• Replacement of concrete curb and gutters;
• Pavement rehabilitation; and
• Installation of traffic striping and painting of house numbers on the curb.

Following a comprehensive evaluation of the work performed by the Contractor, staff confirmed that the project was completed in conformance with the approved plans and specifications. As a result, staff recommends proceeding with filing a Notice of Completion for recordation with the Los Angeles County Office of the Registrar-Recorder/County Clerk.

BUDGET IMPACT:

The Phase 3 Annual Street Resurfacing Project was awarded to American Asphalt South, Inc., (Contract No. 2237) in the amount of $1,800,173.60, in April 2024. The work performed by American Asphalt South, Inc., was completed under the original contract amount at a cost of $1,719,433.

March 17, 2025 CC Regular Mtg Page 186 of 394
Consideration to Accept Project Completion and Authorize the Recordation of the Notice of Completion for the Phase 3 of the Annual Street Resurfacing Project

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CONCLUSION:

Staff recommends that the City Council accept the improvements as constructed by American Asphalt South, Inc., consider the work completed, authorize the issuance and filing of the “Notice of Completion,” and authorize the release of the five percent retention amount ($85,971.65) after the 35-day lien period.

ATTACHMENT:

A. Notice of Completion
B. Phase 3 Annual Street Resurfacing Map
March 17, 2025 CC Regular Mtg Page 187 of 394
ATTACHMENT “A”
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.

1. NOTICE IS HEREBY GIVEN THAT: work on the Fiscal Year 2023-2024 Phase 3 Annual Street Resurfacing Project, Job No. 7621 has been completed, and it is recommended that a Notice of Completion be executed and recorded

2. NAME AND ADDRESS OF OWNER: City of San Fernando, a municipal corporation, 117 Macneil Street, San Fernando, CA 91340

3. DESCRIPTION OF THE PUBLIC WORK: Project construction improvements consisted of slurry seal, curb and gutter repairs, asphalt repairs and striping and pavement markings.

4. DESCRIPTION OF PROPERTY: The property on which said work of improvement was completed is in the City of San Fernando, County of Los Angeles, State of California, and is described as: Citywide

5. ACCEPTED AND COMPLETED: Work on said contract was completed and accepted on October 31, 2024

6. NATURE OF OWNER’S INTEREST: Public Right of Way (Public Street)

7. NAME AND ADDRESS OF CONTRACTOR: American Asphalt South, Inc., P.O. Box 7427,Riverside, CA 92513

8. DECLARATION: I, Wendell Johnson, duly appointed Director of Public Works of the City of San Fernando, have read the foregoing Notice of Completion, have made my verification on behalf of said City, and know the contents thereof to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

________________________
Wendell Johnson, Director of Public Works Date
City of San Fernando, California

ACKNOWLEDGMENT
State of California )
County of Los Angeles )
On _______________ before me, Julia Fritz, Notary Public, personally appeared, Wendell Johnson who 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.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_______________________
Julia Fritz, Notary Public (Seal)

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of San Fernando
Julia Fritz, City Clerk
San Fernando City Hall
117 Macneil Street
San Fernando, CA 91340
Space Above This Line Reserved For The Recorder’s Use
EXEMPT FROM RECORDING FEES PER GOVT CODE SECTION 6103

NOTICE OF COMPLETION
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

March 17, 2025 CC Regular Mtg Page 188 of 394
Wolfskill St
Chatsworth Dr
S Brand Blvd
S Brand Blvd
S Carlisle St
S Maclay Ave
San Fernando Mission Blvd
S Kalisher St
S Workman St
S Huntington St
S Meyer St
Newton St
Griswold Ave
Arroyo Ave
Aviation Pl
Jessie St
Griswold Ave
Newton St
N Maclay Ave
N Brand Blvd
N Hagar St
N Alexander St
Harps St
Harding St
N Workman St
Fermoore St
N Huntington St
Orange Grove Ave
N Lazard St
N Meyer St
Harding St
Orange Grove Ave
Harding St
N Huntington St
N Workman St
N Maclay Ave S Maclay Ave
S Kalisher St
S Workman St
S Huntington St
N Alexander St
N Hagar St
N Maclay Ave
Harps St
Harding St
N Workman St
Fermoore St
N Huntington St
Orange Grove Ave
N Meyer St
N Lazard St
N Hubbard Ave
Coronel St
Pico St
Celis St
San Fernando Rd
Truman St
1st St
2nd St
4th St
5th St
Lucas St
Warren St
7th St
Phillippi St
Knox St
8th St
Omelveny Ave
Woodworth St
Mott St
Griffith St
Kewen St
Hewitt St
Hollister St
Coronel St
Pico St
Celis St
San Fernando Rd
Truman St
1st St
3rd St
4th St
Library St
5th St
De Garmo St
Glenoaks Blvd
Lucas St
Warren St
7th St
Mountain View St
Phillippi St
Knox St
8th St
Omelveny Ave
Woodworth St
Mott St
Griffith St
Kewen St
Hewitt St
Hollister St
Coronel St
Pico St
Truman St
5th St
Glenoaks Blvd
8th St
Woodworth Pl Cork St Lashburn St
Jackman Ave
Park Ave
Jessie St
Parkside Dr
Newton St
N Brand Blvd
N Macneil St
Newton Pl
De Haven St
Glenoaks Blvd
N Macneil St
1st St
N Hubbard Ave
Fermoore St
N Hubbard Ave (Frontage Road)
0 1000' Date:

Project No.:

Plate
San Fernando Phase 3
Street Map
24-069-10
May 24, 2024
1 LEGEND

THREE STEP PROCESS STREET

ENGINEERS&GEOLOGISTS

OPTIONAL THREE STEP PROCESS STREET

CRACK SEAL AND MICROSURFACING
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March 17, 2025 CC Regular Mtg Page 192 of 394

AGENDA REPORT
ADMINISTRATION DEPARTMENT 208 PARK AVENUE, SAN FERNANDO, CA 91340 (818) 898-1202 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Wendell Johnson, Director of Public Works
Rodrigo Mora, Public Work Operations Manager
Will Pettener, Assistant to the City Manager
Date: March 17, 2025
Subject: Consideration to Adopt a Resolution Approving a Comprehensive Tree Preservation Policy
RECOMMENDATION:

It is recommended that the City Council:
a. Receive and file an informational report from Public Works on tree maintenance progress and procedures for Fiscal Year (FY) 2024-2025; and
b. Adopt Resolution No. 8371 (Attachment “A”), approving a Comprehensive Tree Preservation Policy (Exhibit “A” to Attachment “A”).

BACKGROUND:

1. On May 6, 2024, the City Council adopted Resolution No. 8301, approving and adopting the 2024 Urban Forest Management Plan (UFMP). A link to the adopted UFMP can be found here:
https://ci.san-fernando.ca.us/wp-content/uploads/2024/10/Adopted-Urban-ForestryManagement-Plan.pdf

2. On August 9, 2024, the Planning and Preservation Commission, in its capacity as Tree Commission, received and filed a presentation of proposed Standard Operating Procedures (SOP) for tree preservation in the public right of way based on the recommendations of the UFMP.

ANALYSIS:

A comprehensive tree preservation policy for trees located within the public right of way serves to protect and enhance the urban forest, recognizing the vital role that trees play in promoting environmental health, public safety, and community well-being. Such a policy establishes clear March 17, 2025 CC Regular Mtg Page 193 of 394
Consideration to Adopt a Resolution Approving a Comprehensive Tree Preservation Policy

Page 2 of 5 ends

guidelines for the planting, maintenance, and removal of public trees to ensure their long-term health and sustainability. It also aims to balance infrastructure needs with the preservation of mature trees that provide essential benefits such as shade, air quality improvement, stormwater management, and aesthetic value. By setting standards for tree care and preservation, the policy supports a greener, healthier, and more livable community for current and future generations.

The Public Works Department is responsible for maintaining the tree canopy in the public right of way and remains committed to maintaining and enhancing the City’s urban forest. Trees are a vital component of San Fernando’s infrastructure, contributing to environmental health, aesthetics, and the overall quality of life for residents.

Urban Forest Management Plan (UFMP)
Approved by the City Council on May 6, 2024, the UFMP provides guidelines for tree maintenance, tree preservation, and tree planting throughout the City. It also outlines criteria for tree removal and replacement. For every tree removed, the City commits to planting two (2) trees in its place, with consideration given to parkway width and species recommendations. The UFMP serves as a blueprint as the City develops policies and procedures to implement best practices in establishing tree maintenance regulations and a strategic direction for ensuring a continued commitment to the expansion and beautification of the City’s urban forest.

A key recommendation of the UFMP is to establish more rigorous criteria for tree removals, as well as a process for notifying community members prior to a tree removal from the public right of way. Those recommendations are incorporated into the proposed Comprehensive Tree Preservation Policy.

Tree Commission Review
To ensure effective outcomes and diligent processes, staff developed Standard Operating Procedures (SOPs) (Attachment “B”) for tree removals based on UFMP recommendations. The SOP was presented to the Planning and Preservation Commission, in their capacity as Tree Commission, at their August 9, 2024 meeting. The Commission stressed the need for a clear notification and appeal process but added no additional direction on the specifics of the removal procedure. The SOPs were then used to begin developing a formal citywide policy.

Proposed Comprehensive Tree Preservation Policy
The proposed Comprehensive Tree Preservation Policy (Policy) incorporates recommendations from the UFMP and the current SOP into one (1) Policy. The proposed Policy (Exhibit “A” to Attachment “A”) provides a clear and consistent procedure and criteria for tree removal, public notification, and appeals. The proposed Policy also replaces the existing ‘Comprehensive Tree Management Program’ guidelines on tree removals. The following is an overview of the proposed Policy.

This Policy applies to any tree that is located in the City’s public right-of-way or any tree planted on City owned property. When a tree is designated as City owned, it is the responsibility of the City to maintain and, when appropriate, remove potentially hazardous or dead trees.

March 17, 2025 CC Regular Mtg Page 194 of 394
Consideration to Adopt a Resolution Approving a Comprehensive Tree Preservation Policy

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Non-Emergency Removal Criteria
In accordance with the UFMP, a tree may be removed if it exhibits one (1) of the following criteria determined by a tree care professional, International Society of Arboriculture (ISA) Certified Arborist, or equivalent:
• The tree is dead.
• The tree has reached an over-mature condition and is in declining health which will result in its death within the year.
• The tree is infected with a disease which cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity. • The tree has been determined through a Risk Assessment Report to be a hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots or trunk.
• The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction of its capacity to support itself, thereby creating a potential safety hazard.
• The tree is not a good candidate for relocation.
• The tree is not a good candidate for relocation and has been approved for removal as a part of a City Council approved public improvement project that has already gone through the established public process.
• The tree planted by a private party in the public right-of-way after City Council approval of the Master Plan may be subject to removal of the tree by the City.

Emergency Removal Criteria
Criteria taken into consideration for an emergency tree removal (a circumstance where immediate removal is necessary) include:
• The tree poses an imminent danger to human life or injury. • The tree poses an imminent danger to property damage.

An assessment will be completed by a tree care professional or International Society of Arboriculture (ISA) Certified Arborist or equivalent, when possible.

Notification Requirements for Non-Emergency Removals:

A red tag will be placed directly on any tree scheduled for removal at least fourteen (14) days in advance of a Planning and Preservation Commission meeting. Appeals can be requested through the Public Works Department or at the Planning and Preservation Commission meeting listed in the posting. A notice will also be distributed to the property owner, adjacent property owners, and any other property within 500 feet of a tree identified for removal. The notice will be disturbed as a door hanger. Information of the tree(s) identified to be removed will also be available on the City’s website through a tree removal webpage regularly updated by the Public Works Department.

March 17, 2025 CC Regular Mtg Page 195 of 394
Consideration to Adopt a Resolution Approving a Comprehensive Tree Preservation Policy

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Appeal Process for Non-Emergency Removals:

If a community member would like to appeal the proposed removal of a City tree, they may attend the Planning and Preservation Commission Meeting listed on the notice of removal or submit a letter to Public Works expressing their opposition to specific tree(s) to be removed along with a justification for not removing the tree. Staff will ensure that residents are provided with at least a fourteen (14) day notice before a tree removal is presented to the Commission for their consideration.

A list of all trees being considered for removal will be outlined as a consent item at the Planning and Preservation Commission meeting. If a resident requests an appeal for a tree on the prospective list, that tree will be removed from consideration and placed on the following Commission meeting agenda for consideration.

Applicants may appeal the Planning and Preservation Commission decision to the City Council in accordance with City Code Section 106-1278.

The Progress Report below is provided as information only to update the City Council on fiscal year to date tree canopy efforts.

Tree Maintenance Statistics – Fiscal Year 2024-2025
The following is a progress report, including all tracked statistics related to the City’s tree maintenance program, from July 1, 2024 to March 3, 2025:
• Tree Trimming:
o 391 palm trees trimmed.
o 747 multi-species trees trimmed.
• Tree Planting:
o 395 new trees planted to enhance our urban landscape by both Tree People and City Staff.
• Tree Removals:
o 46 trees were removed due to disease, damage, or natural decline. • Stump Removal:
o 43 tree stumps removed (a total of 114 stumps were removed in the 2024 calendar year, with 96 stumps still scheduled for removal in 2025) • Grid Trimming Program (Attachment “C”):
o Completed tree trimming in “Grid C”
o Began trimming trees in “Grid D" as of November 2024
March 17, 2025 CC Regular Mtg Page 196 of 394
Consideration to Adopt a Resolution Approving a Comprehensive Tree Preservation Policy

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Contract Arborist and Tree Trimming Services
The City contracts with West Coast Arborist (WCA) for tree maintenance, removals, planting, and general arborist services. WCA performs grid pruning annually (Tree Grid included as Attachment “C”) and handles stump removals (see statistics above). Areas cleared of stumps may be designated for replanting, subject to replacement criteria.

Tree People Collaboration
Through a grant and partnership with the City, Tree People planted 221 trees in parkways lacking trees or where prior removals occurred in FY 2024-2025. This year’s plantings focused on the northwest quadrant of the City and included Holly Oak, Crape Myrtle, and Carrotwood trees.

BUDGET IMPACT:

There is no budget impact associated with adopting the Comprehensive Tree Preservation Policy.

Tree maintenance services for Fiscal Year 2024-2025 are accounted for in the Public Works Department budget.

CONCLUSION:

It is recommended that the City Council adopt Resolution No. 8371 approving the Comprehensive Tree Preservation Policy.

ATTACHMENT:

A. Resolution to No. 8371, including:

Exhibit “A”: Comprehensive Tree Preservation Policy
B. Tree Maintenance Standard Operating Procedures
C. Grid Trimming Program Map
D. Recognizing Tree Risk- ISA Publication
March 17, 2025 CC Regular Mtg Page 197 of 394
ATTACHMENT “A”
RESOLUTION NO. 8371

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,

CALIFORNIA, APPROVING A COMPREHENSIVE TREE PRESERVATION POLICY
WHEREAS, on April 19, 2024, the City Council adopted Resolution No. 8301, approving and adopting the 2024 Urban Forest Management Plan (UFMP); and WHEREAS, a key recommendation of the UFMP was to establish criteria for tree preservation, as well as a process for notifying community members prior to a tree removal from the public right of way; and
WHEREAS, on August 9, 2024, the Planning and Preservation Commission received and filed a presentation of proposed Standard Operating Procedures (SOP) for tree removals on the public right of way based on the recommendations of the UFMP; and WHEREAS, the City Manager seeks to formalize these procedures through City Council approval;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby establishes the Comprehensive Tree Preservation Policy, attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED, APPROVED, AND ADOPTED THIS 17th day of March, 2025.

Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:

Julia Fritz, City Clerk
March 17, 2025 CC Regular Mtg Page 198 of 394
RES. NO. 8371
2 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8371 which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the 17th day of March, 2025, by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this ____ day of March, 2025.

POLICY/PROCEDURE

SUBJECT ISSUANCE
Comprehensive Tree Preservation Policy

ORIGINAL DATE
March 17, 2025

EFFECTIVE
March 17, 2025

CURRENT DATE
March 17, 2025

EFFECTIVE
March 17, 2025
CATEGORY POLICY NO. SUPERSEDES
Public Works PW-03172025

MANAGEMENT POLICY/PROCEDURES
SECTION I. PURPOSE
The purpose of this policy is to establish clear guidelines for the process of removing city owned trees.

SECTION II. SCOPE
This policy applies to any tree that is located in the City’s public right-of-way or any tree planted on City owned property. When a tree is designated as City owned, it is the responsibility of the City to maintain and, when appropriate, remove potentially hazardous or dead trees.

SECTION III. BACKGROUND
• On May 6, 2024, the City Council adopted Resolution No. 8301, approving and adopting the 2024 Urban Forest Management Plan (UFMP).
• A key recommendation of the UFMP was to establish criteria for tree preservation, as well as a process for notifying community members prior to a tree removal from the public right of way. • On August 12, 2024, the Planning and Preservation Commission, in its capacity as Tree Commission, received and filed a presentation of proposed Standard Operating Procedures (SOP) for tree removals on the public right of way based on the recommendations of the UFMP. • This policy updates and replaces the existing ‘Comprehensive Tree Management Program’ guidelines on tree removals to create a ‘Comprehensive Tree Preservation Policy’. The new policy also incorporates components of the SOPs established by staff, recommendations of the UFMP, and additional City Council direction.

SECTION IV. TREE REMOVAL CRITERIA
In accordance with the UFMP, a tree may be removed if it exhibits one (1) of the following criteria determined by a tree care professional or International Society of Arboriculture (ISA) Certified Arborist or equivalents:

1. The tree is dead.

March 17, 2025 CC Regular Mtg Page 200 of 394

2. The tree has reached an over-mature condition and is in declining health which will result in its death within the year.

3. The tree is infected with a disease which cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity.

4. The tree has been determined through a Risk Assessment Report to be a hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots or trunk.

5. The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction of its capacity to support itself, thereby creating a potential safety hazard.

6. The tree is not a good candidate for relocation.

7. The tree is not a good candidate for relocation and has been approved for removal as a part of a City Council approved public improvement project that has already gone through the established public process.

8. The tree planted by a private party in the public right-of-way after City Council approval of the Master Plan may be subject to removal of the tree by the City.

Tree removals scheduled due to these criteria must follow the notification and appeal process listed in Sections VII and VIII.

SECTION V. EMERGENCY REMOVAL CRITERIA
According to the UFMP, trees may also be removed due to emergent circumstances, creating the following exceptions:

1. The tree poses an imminent danger to human life or injury.

2. The tree poses an imminent danger to property damage.

A tree is generally considered to be at risk of endangering public or property safety if it exhibits characteristics that indicate a high likelihood of failure or limb drop under normal conditions. While exact criteria may vary by jurisdiction and the guidelines used by arborists or municipal authorities, the following are common risk factors:

Structural Defects
• Significant cracks, splits, or cavities in the trunk or major limbs. • Evidence of severe decay or internal rot that compromises the tree’s integrity. • Excessive Lean or Instability.
• A pronounced lean, especially if accompanied by root damage or soil instability, increases the risk of the tree falling.
• Dead or Dying Limbs.
• Large, dead, or dying branches that are likely to break off and fall, particularly if they overhang public areas or pathways.

Disease or Infestation
• Signs of disease, pest infestation, or fungal decay that weaken the tree’s structure.

Environmental and Site Conditions
• Trees located in areas where their failure would likely impact public safety (such as near sidewalks, roads, or building entrances).

March 17, 2025 CC Regular Mtg Page 201 of 394

COMPREHENSIVE TREE PRESERVATION POLICY
Administration Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1202 | Policy # PW-03172025 (3/2025) | Page 3 of 3 POLICY/PROCEDURE:
• Poor soil conditions, water saturation, or erosion around the root zone that compromise stability.

When these factors are observed and determined to exist based on an inspection by a tree care professional or International Society of Arboriculture (ISA) Certified Arborist or equivalents, when possible, the tree may be designated as hazardous or an “imminent danger” tree by the Director of Public Works, prompting remedial action such as pruning, cabling, or removal to protect people and property.

SECTION VI. NESTING PERIOD CONSIDERATIONS
The Public Works Department will follow all regulatory guidelines and laws. This includes the Federal government’s ‘Migratory Bird Treaty Act’, which prohibits tree removals during nesting period (typically February 1 – August 31), unless the removal is determined to be needed under emergent circumstances listed in Section V.

SECTION VII. NOTIFICATION REQUIREMENTS
A red tag will be placed directly on any tree scheduled for removal at least fourteen (14) days in advance of a Planning and Preservation Commission meeting. Appeals can be requested through the Public Works Department or at the Planning and Preservation Commission meeting listed in the posting. A notice will also be distributed to the property owner, adjacent property owners, and any other property within 500 feet of a tree identified for removal. The notice will be disturbed as a door hanger or similar notice. Information regarding the tree(s) identified to be removed will also be available on the City’s website through a tree removal webpage regularly updated by the Public Works Department.

SECTION VIII. APPEAL PROCESS
If a community member would like to appeal the proposed removal of a City tree, they may attend the Planning and Preservation Commission Meeting listed on the notice of removal or submit a letter to Public Works expressing their opposition to specific tree(s) to be removed along with a justification for not removing the tree.

Staff will ensure that residents are provided with at least a fourteen (14) day notice before a tree removal is presented to the Commission for their consideration.

Applicants may appeal the Planning and Preservation Commission decision to the City Council in accordance with City Code Section 106-1278.

SECTION IX. AUTHORITY
By order of City Council Motion (Resolution No. 8371), Policy adopted by the City Council on March 17, 2025.

March 17, 2025 CC Regular Mtg Page 202 of 394
Standard Operating Procedure Tree Removal SOP-02
Tree Removal Criteria: Pursuant to the Urban
Forest Master Plan, a tree may be removed when:

Adopted DRAFT
• Posed an imminent danger to human life or injury.
• Posed an imminent danger to property damage
• A tree is dead.
• A tree has reached an over-mature condition and is in declining health which will result in its death within the year.
• A tree is infected with a disease which cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity.
• A tree has been determined through a Risk Assessment Report to be a hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots or trunk.
• A tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction of its capacity to support itself, thereby creating a potential safety hazard.
• A tree is not a good candidate for relocation.
• A tree is not a good candidate for relocation and has been approved for removal as a part of a City Council approved public improvement project that has already gone through the established public process.
• A tree planted by a private party in the public right-of-way after City Council approval of the Master Plan may be subject to removal of the tree by the City.

Tree Removals
Exemptions:

Posed an imminent danger to human life or injury.

Posed an imminent danger to property damage.

Notification:

Our urban forest staff regularly assess the health and safety of public trees to determine if trees pose a hazard and, therefore, require removal. A list of trees slated for removal is posted online and on the tree which is scheduled for removal at least 14 working days in advance of the scheduled removal.

Appeal:

If a resident believe a tree on the list should not be removed, please file an appeal within the 14 working day period.

ATTACHMENT "B"
March 17, 2025 CC Regular Mtg Page 203 of 394
City of San Fernando
Tree Maintenance Zones
-·
;n_- _,......,___, '~ , •
E+---,ll'IOO - 1~•·
March 17, 2025 CC Regular Mtg
ATTACHMENT "C"

Page 204 of 394 ends

Recognizing
Tree Risk
Learn to identify common tree defects that may indicate tree risk and understand how tree risk can be managed.

Trees are an important part of our world and offer a wide range of benefits. However, trees can also be liabilities.

While there is no such thing as a completely safe tree, the benefits of trees far outweigh the risks. All tree have the potential to fall, but only a small number actually hit something or someone.

By understanding and addressing the risks associated with trees, you can make your property safer and prolong the lives of your trees.

It is a tree owner’s responsibility to ensure the safety of others when around trees on their property. This brochure provides some tips for identifying and managing common
defects associated with tree risk. However, evaluating the seriousness of these defects is best done by a professional arborist. Regular tree care performed by an ISA Certified Arborist® will provide an opportunity to identify trees that have defects and unacceptable risk levels. Once the risk is identified, steps may be taken to reduce the likelihood of an incident or damage.

Tree Risk Checklist
Consider these questions when assessing a tree:
• Are there large dead branches?
• Are there detached, hanging branches?
• Have any branches fallen from the tree?
• Is there loose bark on the trunk?
• Are there cracks or splits in the trunk or where branches are attached?
• Has the trunk developed unusually?
• Are there cavities or rotten wood along the trunk or in major branches?
• Are mushrooms present at the base of or under the tree? • Has the area recently been altered by construction,
changes in soil level, or installations of lawns or pavement? • Have the leaves developed an unusual yellow color or do they seem smaller in size?
• Has the tree been topped or heavily pruned?
Trees and Utility Lines
Additional consequences can result from trees that fall onto utility lines. Not only can these trees injure people or property near the lines, but they can also hit a conductor and cause power outages or surges, fires, and other damage.

A tree with potential to fall into a utility line presents a very serious situation. Never attempt to remove branches or
any tree part from or near power lines, and never go near downed power lines! These lines are especially dangerous, as they could still be conducting electricity. If you see tree parts in contact with utility lines, call your local electricity provider.

ATTACHMENT "D"
March 17, 2025 CC Regular Mtg Page 205 of 394
Defects in Urban Trees
The following are defects or signs of possible defects in urban trees (see figure):

A: Poor taper:

Branches or stems with their weight concentrated near the end are more prone to failure.

B: Root failure:

Cracks or separations in the soil may indicate soil heaving from excessive movement of the roots. This can be a
warning sign for failure, especially if the tree is leaning.

C: Codominant stems (split trunk):

Can often be failure points. Multiple branch attachments at one point on a stem can also be considered a defect.

D: Externally visible defects:

Includes cankers and wounds. Each could be minor or the start of a significant problem; further investigation may be warranted.

E: Cracks or splits:

Watch for longitudinal cracks or splits on the trunk, major branches, or branch unions.

F: External signs of decay:

Asymmetric shapes may be caused by the tree’s formation of reaction wood and may be an indication of an internal problem. Other, more obvious signs of decay include the presence of fungal fruiting bodies and cavities.

G: Dead branches:

Dead branches within the canopy of a tree are probably the most obvious potential hazards. The risk of damage or injury depends on the size of the dead branch and distance from any potential targets.

H: Human-caused defects:

Wounds, weak or damaged limbs, root loss, and decay
may be the result of construction, grade changes, soil
compaction, poor pruning, or other misguided practices.

Ensuring Quality Care
Trees are assets to your home and the community, and they deserve the best possible care. If you answered “yes” to any of the questions in the tree risk checklist onthe previous page or see any of the defects depicted in this brochure, your tree should be examined by an ISA Certified Arborist.

March 17, 2025 CC Regular Mtg Page 206 of 394
Managing Tree Risk
An ISA Certified Arborist can help homeowners manage
trees and provide treatments that may help reduce the risk associated with certain trees.

An arborist familiar with tree risk assessment may suggest one or more of the following:
• Prune the tree and remove the defective branches.

Inappropriate pruning may weaken the tree. Pruning work is best done by an ISA Certified Arborist.
• Cable and brace the tree. Provide physical support for weak branches and stems to increase their strength and
stability. Such supports are not guarantees against failure. • Provide routine care. Mature trees need routine care
in the form of water, nutrients (in some cases), mulch, pruning, and, in some cases, nutrients, as dictated by their structure and the season.
• Remove the tree. Some trees with unacceptable levels of risk are best removed. If possible, plant an appropriate new tree as a replacement.

Recognizing and reducing tree risk not only increases the safety of your property and that of your neighbors, but also improves trees’ health and may increase their longevity.

What Is a Certified Arborist?
ISA Certified Arborists® are individuals who have
proven a level of knowledge in the art and science
of tree care through experience and by passing a
comprehensive examination developed by some of
the nation’s leading experts on tree care.

ISA Certified Arborists must also continue their
education to maintain their certification. Therefore,
they are more likely to be up to date on the latest
techniques in arboriculture.

Finding an Arborist
Visit TreesAreGood.org for free tools:
• The “Find an Arborist” tool can help you locate an
arborist in your area.
• The “Verify a Credential” tool enables you to
confirm whether an arborist has an ISA credential.

Be an Informed Consumer
One of the best methods to use in choosing an
arborist is to educate yourself about some of the
basic principles of tree care. Visit TreesAreGood.org
to read and download all brochures in this series.
www.isa-arbor.com • www.treesaregood.org
©2021 International Society of Arboriculture. (v02.2021) Through research, technology, and education, the International Society of Arboriculture promotes the professional practice of arboriculture and fosters a greater worldwide awareness of the benefits of trees.

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Date: March 17, 2024
Subject: Consideration to Approve a Memorandum of Understanding with Habitat for Humanity of Greater Los Angeles to Administer the CalHome-funded Mortgage Assistance and Owner-Occupied Rehabilitation Programs
RECOMMENDATION:

It is recommended that City Council:
a. Authorize the City to enter into a Memorandum of Understanding (MOU) with Habitat for Humanity of Greater Los Angeles (Attachment “A” - Contract No. 2347) to administer the CalHome-funded Mortgage Assistance and Owner-Occupied Rehabilitation Programs; and b. Authorize the City Manager, or designee, to make non-substantive changes and execute the MOU with Habitat for Humanity of Greater Los Angeles (Habitat LA) and all related documents.

BACKGROUND:

1. On July 15, 2024, the City Council received a presentation from staff regarding a potential Home Rehabilitation Loan Program. The presentation included a brief overview of the CalHome Program and suggested that the City consider applying in partnership with Habitat LA when funding opportunities became available.

2. On September 3, 2024, the City Council approved Contract No. 2287 with Habitat for Humanity of Greater Los Angeles in an amount not-to-exceed $50,000 to establish a Home Rehabilitation Program for a term of one (1) year.

3. On December 12, 2024, the California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) (Attachment “B”) for several activities, including Owner-Occupied Rehabilitation and First-Time Homebuyer Mortgage Assistance programs.

March 17, 2025 CC Regular Mtg Page 211 of 394
Consideration to Approve a Memorandum of Understanding with Habitat for Humanity of Greater Los Angeles to Administer the CalHome-funded Mortgage Assistance and Owner-Occupied Rehabilitation Programs

Page 2 of 3 ends

4. On February 18, 2025, the City Council adopted Resolution No. 8367 authorizing the preparation and submittal of a grant application in partnership with Habitat LA, in an amount of up to $5 million from the California Department of Housing and Community Development (HCD) for the 2024 Homeownership Super Notice of Funding Availability.

5. On March 13, 2025, the City submitted a Grant Application, in Partnership with Habitat for Humanity of Greater Los Angeles, to the California Department of Housing and Community Development for the 2024 Homeownership Super Notice of Funding Availability.

ANALYSIS:

The California Department of Housing and Community Development (HCD) administers the Homeownership Super Notice of Funding Availability (NOFA), a program designed to expand affordable homeownership opportunities and promote sustainable housing solutions across California. In 2024, HCD announced the release of the Homeownership Super NOFA (HOSN), allocating approximately $176.8 million in funding. This funding will be distributed through various HCD-administered homeownership programs, including the CalHome Program.

With $143.1 million in available funding, the CalHome Program supports initiatives that increase homeownership opportunities for lower- and very low-income households, revitalize neighborhoods, and foster sustainable development. The program provides grants to local jurisdictions to facilitate homeownership through housing development, acquisition, and rehabilitation for low- and moderate-income residents.

To qualify for CalHome funding, applicants must demonstrate experience in administering a local owner-occupied rehabilitation program for at least two (2) of the last four (4) years. Since the City did not meet this requirement, Habitat for Humanity of Greater Los Angeles (Habitat LA) was identified as its administrative subcontractor. Habitat LA was identified due to their extensive experience managing home rehabilitation and mortgage assistance programs across multiple municipalities.

As a condition of the grant application, the City was required to establish a formal agreement with Habitat LA. This partnership ensures that:
• The City meets the CalHome experience requirement, allowing it to qualify for funding. • The City benefits from Habitat LA’s expertise and infrastructure, ensuring efficient administration of the program.

March 17, 2025 CC Regular Mtg Page 212 of 394
Consideration to Approve a Memorandum of Understanding with Habitat for Humanity of Greater Los Angeles to Administer the CalHome-funded Mortgage Assistance and Owner-Occupied Rehabilitation Programs

Page 3 of 3 ends

Through a Memorandum of Understanding (MOU), Habitat LA will oversee the implementation of both programs on behalf of the City, ensuring compliance with CalHome Program regulations while maximizing the impact of the funding. The MOU (Attachment “A”) outlines the roles and responsibilities of each partner, including:
• Habitat LA will manage the CalHome-funded Mortgage Assistance and Owner-Occupied Rehabilitation Programs.
• Habitat LA will screen applicants, verify income eligibility, conduct property assessments, oversee repairs, and process loans per CalHome guidelines. • The City will allocate CalHome funds in a timely manner, submit required reports, and ensure overall program compliance.

By leveraging Habitat LA’s established expertise in home rehabilitation and financial assistance, the City ensures an efficient, compliant, and impactful administration of CalHome funds, helping to expand homeownership opportunities and improve housing conditions in San Fernando.

BUDGET IMPACT:

There will be no budget impact on the Fiscal Year 2024-2025 Adopted Budget to enter into a MOU with Habitat LA for the CalHome-funded Mortgage Assistance and Owner-Occupied rehabilitation programs. All administrative costs associated with Habitat LA’s program administration will be covered through the CalHome grant. If the City is awarded grant funds through the Homeownership Super NOFA, staff will return to City Council with a resolution to formally accept the award and appropriate funds.

CONCLUSION:

It is recommended that City Council approve a MOU with Habitat LA to administer the CalHome-funded Mortgage Assistance and Owner-Occupied Rehabilitation Programs; and authorize the City Manager, or designee, to make non-substantive changes and execute the MOU with Habitat LA and all related documents.

ATTACHMENTS:

A. Contract No. 2347
B. CalHome Program Guidelines
March 17, 2025 CC Regular Mtg Page 213 of 394
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In consideration of the mutual agreements set forth in this Agreement, Habitat LA and 7KHFLW\RI 6DQ)HUQDQGR agree as follows:
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Habitat for Humanity of Greater Los Angeles (Habitat LA) is a Californian-based non-profit organization qualified under Section 501(c)(3) of the United States Internal Revenue Code. It is organized with the mission to bring people together to build homes, communities, and hope.

Over its 30-year history, Habitat LA has built, repaired, or rehabilitated more than 1,200 homes across its service area, which includes more than 85% of Los Angeles County, including the City of 6DQ)HUQDQGR. Today, Habitat LA operates homeownership programs, critical home repair services, homebuyer education workshops, one-on-one housing counseling, neighborhood revitalization programs, and veterans-focused programs, serving thousands of people annually.

It also recruits and trains thousands of volunteers on its construction sites, ReStore social enterprise stores, and offices annually.

The City of 6DQ)HUQDQGR(“City) is a city located in Los Angeles County. Incorporated in ,
the City is governed by a WKUHH-member City Council whose members are elected at-large and operates under a Council/City Manager form of government. *RDO
This MOU aims to create a partnership between the City of 6DQ)HUQDQGR and Habitat LA to operate the CalHome-funded 0RUWJDJH$VVLVWDQFH
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(OOR) ProgramV within the City of 6DQ)HUQDQGR. The MOU describes each partner's responsibilities and commitments in managing the CalHome-funded OOR program.

Together, the Partners will accomplish the following:
- Create approved guidelines, loan servicing plan, and reuse account plan. - Identif\ILUVWWLPHKRPHEX\HUVIRU0$IXQGVDQG TXDOLILHGKRPHV IRU225 - Issue loans made with CalHome funds of no more than $200,000 per household, unless the home must be replaced, in which case the cap will increase to $250,000 per household.
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March 17, 2025 CC Regular Mtg
ATTACHMENT "A" KEdZdEK͘Ϯϯϰϳ

Page 214 of 394 ends

On 0DUFKWK, the City of 6DQ)HUQDQGRZLOO DSSO\ IRULQ IXQGVRI ZKLFKZLOOEHIRU0RUWJDJH$VVLVWDQFHDQGRIZKLFKZLOOEH IRU2ZQHU2FFXSLHG 5HKDELOLWDWLRQ. ,IDZDUGHGWhe City of 6DQ)HUQDQGRZLOOXVH to complete critical home repairs and WRLVVXH]HURLQWHUHVWGRZQSD\PHQWORDQV.

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reimbursed on a per-loan basis. The per-loan basis reimbursement maximum will be % of the total award divided by the estimated number of Loans to be made under the contract. RIWKHWRWDODZDUGIRU2ZQHU2FFXSLHG5HKDELOLWDWLRQZLOOFRYHU$')VZLOOEH UHLPEXUVHGZLWKLQWKHILUVW
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As a Partner of this MOU, Habitat LA will:
x Qualify applicant households:

R Review the household’s application in a timely manner.

R Collect and review household income, ownership, and household size documents, ensuring that the household meets all CalHome requirements.

R Collect and re-certify households, if necessary.

R Complete a whole-home assessment, identifying repairs needed and ensuring that requested repairs are completed
R Subcontract home assessment to outside parties when necessary x Serve as the$FWLYLW\'HOLYHU\$GPLQLVWUDWRU for each project, receiving IRUHDFK 0$ORDQLVVXHG DQG10% of each 225loan LVVXHG.
x Qualify GC and qualified subcontractors to completH workIRU225FOLHQWV.

R Obtain bids as necessary.

R Collect documentation verifying subcontractors’ C47 license. x Provide the City of 6DQ)HUQDQGRwith all documents required to issue and reconcile 225loans, including:

R Program Application
R Confirmation of Ownership & Household Size
R Verification of borrower’s citizenship or legal residency R CalHome Income Verification Worksheets
R Paystubs
R Credit Report
R Benefits Letter(s), if applicable
R Checking account statements
R Savings account statements
R Tax Returns
R Documentation of other assets used to qualify applicant R Property appraisal or valuation of before & after-rehab value R Work write-up, cost estimate, and cost reasonableness R Notice of completion
R Property Inspection
R Work Write-Up
R Cost Estimate
R Bid Package
R Verification of C47 License
R Evidence of worker’s comp and employer liability insurance.

R Onsite inspection records, progress inspection reports (as applicable)

March 17, 2025 CC Regular Mtg
CONTRACT NO. 2347

Page 215 of 394 ends

R Hazard/flood insurance
R 7LWOHLQVXUDQFHSROLF\OLVWLQJWKH&LW\RI6DQ)HUQDQGRDVLQVXUHG x Quarterly and annual reports:

R Habitat LA will provide all information required for the CalHome quarterly and annual reports, including:
Number of households served
Number of applications received
Number of applications approved
Number of applications declined
Narrative information
x Regular progress meetings:

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March 17, 2025 CC Regular Mtg
CONTRACT NO. 2347

Page 216 of 394 ends

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Naomi Zahler
Public Funding 0DQDJHU
Phone: 562-332-4356
[email protected]
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The Partners agree that any intellectual property, which is jointly developed through activities covered under this MOU, can be used by either party for non-profit, noncommercial purposes without obtaining consent from the other and without any need to account to the other. All other intellectual property used in implementing this MOU will remain the property of the party that provided it. This property can be used by either party for purposes covered by the MOU, but consent will be obtained from the owner of the property before using it for purposes not covered by the MOU.
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7his MOU shall take effect upon signing by both Partners and shall remain in until mutual agreement by both Partners or until the end of the CalHome contract term, whichever is earlier. &LW\ RI6DQ)HUQDQGR 5HVSRQVLELOLWLHV

As a Partner to this MOU, the City of6DQ)HUQDQGR will:
x Provide CalHome funding in a timely manner
R Requests for Funds (RFF) will be submitted when new applicant reservations are established and at least 66% of previous RFFs have been spent. Approval will take up to one week, after which processing time for HCD will be 4-6 weeks.

Habitat LA will close loans once applicants are certified and funding is received from HCD.
x Provide references to qualified C47 Contractors
x Provide references to interested households
x Submit quarterly and annual reports
x Submit annual reuse account reports
x Submit requests for funds and reconciliation documents. x Provide Habitat LA CalHome funds within 35 business days of submitted request for funds. x Serve as the main point of contact for the state of California Housing and Community Development Department representative
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CONTRACT NO. 2347

March 17, 2025 CC Regular Mtg Page 217 of 394
Habitat LA Signature: Date: March 7, 2025
Erin Rank, President & CEO

March 17, 2025 CC Regular Mtg
CONTRACT NO. 2347

Page 218 of 394 ends

CalHome
2024 Program Guidelines
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 651 Bannon Street, Suite 400, Sacramento, CA 95811
Website: http://www.hcd.ca.gov
Email: [email protected]
December 12, 2024
ATTACHMENT "B"
March 17, 2025 CC Regular Mtg Page 219 of 394

CALHOME
2024 PROGRAM GUIDELINES
Table of Contents
ARTICLE I. GENERAL OVERVIEW...................................................................................................................... 1 Section 100. Purpose and Scope ....................................................................................................................... 1 Section 101. Definitions...................................................................................................................................... 2 ARTICLE II. GENERAL PROGRAM REQUIREMENTS......................................................................................... 3 Section 200. Eligible Applicants.......................................................................................................................... 3 Section 201. Eligible Activities ............................................................................................................................ 4 Section 202. Eligible and Ineligible Uses of Funds.............................................................................................. 5 Section 203. Eligible Households........................................................................................................................ 5 Section 204. Local Program/Project Administration............................................................................................ 6 Section 205. Homebuyer Education Requirements ............................................................................................. 8 Section 206. Loan Servicing Requirements ........................................................................................................ 9 Section 207. Reuse Account Requirements .....................................................................................................10 Section 208. Threshold Requirements..............................................................................................................11 Section 209. State and Federal Laws, Rules, Guidelines and Regulations.......................................................12 ARTICLE III. HOMEOWNERSHIP/HOMEBUYER LOAN REQUIREMENTS.......................................................14 Section 300. Maximum Homeowner/Homebuyer Loan amounts.......................................................................14 Section 301. Homeowner/Homebuyer Loan terms ............................................................................................14 Section 302. Homeowner/Homebuyer Loan-to-Value Limits .............................................................................16 ARTICLE IV. PROGRAM REQUIREMENTS.......................................................................................................18 Section 400 Homeownership Development Project Loan .................................................................................18 Section 400.1 Eligible Applicant...........................................................................................................18 Section 400.2 Eligible Costs ................................................................................................................18 Section 400.3 Site Control ...................................................................................................................19 Section 400.4 Maximum Homeownership Development Project Loan Amount ...................................19 Section 400.5 Homeownership Development Project Loan Terms......................................................20 Section 400.6 Homeownership Development Project Loan-to-Value Limits ........................................21 Section 400.7 Homeownership Development Project Requirements...................................................21 Section 401 Self-Help Technical Assistance Project.........................................................................................22 Section 401.1 Eligible Applicant...........................................................................................................22 Section 401.2 Eligible Costs ................................................................................................................22 Section 401.3 Self-Help Technical Assistance Administrative Requirements ......................................23 Section 402 Mortgage Assistance Program......................................................................................................23 Section 402.1 Eligible Applicant...........................................................................................................23 Section 402.2 Eligible Costs ................................................................................................................24 Section 402.3 Administrative Requirements ........................................................................................24 March 17, 2025 CC Regular Mtg Page 220 of 394
Section 402.4 Underwriting Requirements. ..........................................................................................25 Section 403 Owner-Occupied Rehabilitation ....................................................................................................26 Section 403.1 Eligible Applicant...........................................................................................................26 Section 403.2 Eligible Costs ................................................................................................................27 Section 403.3 Administrative Requirements.........................................................................................28 Section 403.4 Owner-Occupied Underwriting and Construction Requirements ....................................28 Section 404 Shared Housing Programs............................................................................................................29 Section 404.1 Eligible Applicant...........................................................................................................29 Section 404.2 Eligible Costs ................................................................................................................29 Section 404.3 Administration Requirements........................................................................................29 Section 405 ADU/JADU Programs ...................................................................................................................30 Section 405.1 Eligible Applicant...........................................................................................................30 Section 405.2 Eligible Costs ................................................................................................................31 Section 405.3 ADU/JADU Programs Administration Requirements. ....................................................31 Section 405.4 ADU/JADU Programs Underwriting and Construction Requirements ...........................31 ARTICLE V. APPLICATION PROCEDURES ......................................................................................................33 Section 500. Application Process .....................................................................................................................33 Section 501. Application Requirements ............................................................................................................33 Section 502. Selection Process ........................................................................................................................34 Section 503. Appeals Process..........................................................................................................................35 Article VI. PROGRAM OPERATIONS .................................................................................................................35 Section 600. Legal Documents.........................................................................................................................35 Section 601. Disbursement of Loan and Grant Funds.......................................................................................38 Section 602. Reporting Requirements...............................................................................................................39 Section 603. Performance Goals ......................................................................................................................40 Section 604. Defaults and Loan Cancellations ..................................................................................................42 APPENDIX A- DEFINITIONS..............................................................................................................................43 APPENDIX B- Tribal Eligibility.............................................................................................................................56 March 17, 2025 CC Regular Mtg Page 221 of 394
Department of Housing and Community Development Page 1 of 57 CalHome Program Guidelines (2024)
ARTICLE I. GENERAL OVERVIEW
Section 100. Purpose and Scope
(a) These CalHome Program Final Guidelines (the “Guidelines”) implement and interpret, Chapter 6 (commencing with §50650) of Part 2 of Division 31, Health and Safety Code (H.S.C.), which establishes the CalHome Program administered by the California Department of Housing and Community Development (the “Department” or HCD) and Chapter 2 (commencing with §54006) of Part 16 of Division 31, H.S.C..
(b) These Guidelines implement Assembly Bill (AB) 434 (Chapter 192, Statutes of 2020), which amends H.S.C. §50517.5. AB 434 requires the Department to harmonize the Joe Serna, Jr. Farmworker Housing Grant Program (the “Serna Program”) with the CalHome Program in the following four respects: (1) Serna Program funds are to be made available at the same time as CalHome Program funds; (2) Serna Program applications are to be rated and ranked in a manner consistent with CalHome Program applications; (3) Serna Program funds are to be administered consistent with the CalHome Program, and; (4) Serna Program Loan terms are to be consistent with CalHome Program Loan terms to the greatest extent possible.
(c) These Guidelines establish terms, conditions and procedures for the Award and disbursement of funds allocated to the CalHome Program pursuant to H.S.C. §54006(g).
(d) These Guidelines apply only to funds made available through H.S.C. §54006(g) and do not apply to funds made available to the CalHome Program authorized by Chapter 6 (commencing with §50650) prior to the adoption of H.S.C. §54006(g). (e) The requirements set forth in these Guidelines are subject to AB 1010 (Stats.2019, c. 660), which is set forth in H.S.C. §50406, subdivision (p). Accordingly, and pursuant to H.S.C. §50406, subdivision (p), (a) where the provisions of tribal law, tribal governance, tribal charter, or difference in Tribal Entity or agency legal structure would cause a violation or not satisfy the requirements of these Guidelines, said requirements may be modified as necessary to ensure program compatibility; and (b) where provisions of tribal law, tribal governance, tribal charter, or difference in Tribal Entity or agency legal structure create minor inconsistencies (as determined by the Director of the Department or a duly authorized designee thereof) with the requirements set forth in these Guidelines, the Department may waive said requirements, as deemed necessary, to avoid an unnecessary administrative burden. Matters set forth or otherwise provided for in these Guidelines that may be modified or waived include, without limitation, threshold requirements and any other matters set forth in H.S.C. §50406, subdivision (p)(2). Please note that AB 1010 does not automatically operate to obviate, or otherwise modify, any provision(s) of these Guidelines. To the extent that a Tribal Entity applicant believes that AB 1010 is applicable to such Tribal Entity, their Application, the Project to which their Application relates, or any number of them, it is recommended that such Tribal Entity applicant submit an AB March 17, 2025 CC Regular Mtg Page 222 of 394
Department of Housing and Community Development Page 2 of 57 CalHome Program Guidelines (2024)
1010 waiver request to the Department before applications are due under the applicable NOFA to ensure that the Department has adequate time to review such waiver request and render a decision granting, or rejecting, the request NOTE: Authority cited: §50406(n), 50406(p), 50650.2, 50650.7, and 54014, H.S.C..

Reference: 50650.3, 50650.4, 50650.5, 50650.7, and H.S.C. §54006(g).

Section 101. Definitions
In addition to the definitions found in Chapter 2 (commencing with §50050), of Part 1 of Division 31, H.S.C., the definitions in Appendix A of these Guidelines shall apply to this subchapter.

In the event of a conflict, the definitions in Appendix A of these Guidelines shall prevail for the purposes of these Guidelines and application. The defined terms will be capitalized as they appear in the guideline text. References to sections herein refer to sections of these Guidelines unless otherwise noted.

March 17, 2025 CC Regular Mtg Page 223 of 394
Department of Housing and Community Development Page 3 of 57 CalHome Program Guidelines (2024)
ARTICLE II. GENERAL PROGRAM REQUIREMENTS
Section 200. Eligible Applicants
To be eligible to apply for funding, the Applicant shall be a Local Public Entity, Local Public Agency, Tribal Entity, or Nonprofit Corporation. Appendix B of these Guidelines contains more details on tribal eligibility.
(a) Geographic restrictions
(1) A Local Public Entity that is not a Tribal Entity shall only be eligible to apply for an Award of CalHome Program funds for a Local Program or project located within its jurisdictional boundaries. A Tribal Entity shall be eligible to apply for an award of CalHome program funds for a Local Program or project located anywhere within the state of California, as long as the Tribal Entity has provided documentation establishing site control.
(2) A Nonprofit Corporation or Tribally Designated Housing Entity shall only be eligible to apply for an Award of CalHome Program funds for a program or project if it has developed a project or operated a housing program in California within the past two years or if the Nonprofit Corporation or Tribally Designated Housing Entity has an existing 523 Self-Help Technical Assistance Grant Agreement with the United States Department of Agriculture (USDA).
(b) Stability and capacity
(1) To be eligible for funding, the Applicant shall demonstrate to the Department’s satisfaction that it has sufficient organizational stability and capacity to carry out the Activity for which it is requesting funds.
(2) In order to demonstrate organizational stability, the Applicant shall have been operating as a housing Developer or housing program administrator for a minimum of two years prior to the date of application. In cases of Tribal Entities, the Department may consider any experience a Tribal Entity has with the Indian Home Loan Guarantee program under Section 184 of the Housing and Community Development Act of 1992. An Applicant may subcontract with an Administrative Subcontractor to qualify toward the organizational stability and experience requirement. The Administrative Subcontractor may be located anywhere within the state of California. A legally binding agreement between the Applicant and the Administrative Subcontractor must be submitted with the application. Multiple Applicants may establish a consortium (provided there is a legally binding agreement between the parties) with a single Administrative Subcontractor. One Applicant shall apply on behalf of other entities in a consortium. In the event that an Administrative Subcontractor cannot fulfill, or fails to fulfill, its obligations under the applicable legally binding agreement for the full term thereof, a CalHome March 17, 2025 CC Regular Mtg Page 224 of 394
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Recipient must secure a new Administrative Subcontractor and provide HCD a new legally binding agreement within 90 days of when the previous legally binding agreement terminated. The new Administrative Subcontractor is obliged to fulfill the same experience requirements as the previous Administrative Subcontractor. The Recipient is required to submit this new legally binding agreement and experience documentation to HCD for approval. If an Applicant does not have a legally binding agreement in place and approved by HCD, within 90 days of losing their Administrative Subcontractor, their CalHome awarded funds will be disencumbered. (3) A Nonprofit Corporation must be a corporation whose exempt purposes for the two years prior to the date of application have included the activity for which it is applying.
(4) A Nonprofit Corporation shall also demonstrate financial stability to the Department’s satisfaction through audited financial statements submitted for Department review as part of its application for funding. (A) An Applicant shall also meet the additional stability and capacity requirements set forth in these Guidelines for the specific activity for which it is applying.
(5) To the extent necessary to address a presidential declaration of disaster or emergency, or a “state of emergency” or a “local emergency” declared by the Governor under GC §8571, the Department may alter or waive state-required criteria set forth in this subsection (b), to the extent otherwise allowed by law. (c) Reporting requirements
(1) Recipients shall submit outstanding reports from previous CalHome Program Awards to the Department by the application date (as specified in the NOFA).

Failure to submit the reports by the application date will make the Recipients ineligible for a CalHome Program Award.
(d) Community-Based Developers
(1) Solely for the purpose of applying to the Community-Based Developer funding target, a Community-Based Developer shall only qualify as an eligible Applicant if the Community-Based Developer meets the experience requirements set forth in Appendix A.

NOTE: Authority cited: §50406(n), 50650.2, H.S.C. and 50650.7, H.S.C., Reference:
50650.3, 50650.4, 50650.5, and 50650.7, H.S.C., HSC §50104.6.5, 25 USC 4103; HSC § 50517.5(e).

Section 201. Eligible Activities
Eligible Activities are:

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(a) Homeownership Development Project Loans
(b) Self-Help Technical Assistance
(c) Mortgage Assistance
(d) Owner-Occupied Rehabilitation
(e) Shared Housing
(f) Accessory Dwelling Units/Junior Accessory Dwelling Units Section 202. Eligible and Ineligible Uses of Funds
(a) Eligible uses of funds for specific activities are set forth in the Guideline provisions that directly address each activity.
(b) CalHome Program funds shall not be used for any of the following costs that may be incurred in the Local Program or the project:
(1) Refinancing of existing Loans with CalHome Program funds, except CalHome Program funds may be used for site acquisition bridge Loans with a term of 36 months or less on Homeownership Development Projects.
(2) Costs associated with the Rehabilitation or repair of property owned by a Mobilehome Park owner.
(3) Offsite improvements (improvements outside the boundaries of the subdivision or individual parcels for scattered site development). (4) Unit construction costs, except in Owner-Occupied Rehabilitation or ADU/JADU Local Programs. Construction Period Expenses for development of new Homeownership Development Projects are permitted; such Construction Period Expenses do not include unit construction costs. (5) Recurring Loan closing costs.
(6) Payoff of all or any portion of a Borrower’s consumer debt, liens, or judgments. (7) Self-Help Technical Assistance Grant funds may not be used to pay for purchase of land, materials, tools, and construction equipment or for any costs of construction.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b), H.S.C.

Section 203. Eligible Households
To be eligible to receive the benefits of CalHome Program funding, an individual Household shall:

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(a) Be a Lower-Income Household, when considering the Annual Income of all Household residents 18 years old or older. When calculating income eligibility, Applicants shall refer to Chapter 3 of the Income Calculation and Determination Guide for Federal Programs. For Tribal Entity Applicants, calculating income eligibility shall be determined in accordance with 25 U.S.C. §4103. For Shared Housing Match services, where the provider is Elderly, the income of nonoccupying children who are on title will not be counted; (b) Be a Moderate-Income Household that is a victim of a disaster, when considering the Annual Income of all Household residents 18 years old or older. When calculating income eligibility, Applicants shall refer to Chapter 3 of the Income Calculation and Determination Guide for Federal Programs. For Tribal Entity Applicants, calculating income eligibility shall be determined in accordance with 25 U.S.C. §4103. For Shared Housing Match services, where the provider is Elderly, the income of non-occupying children who are on title will not be counted; (c) Include as Borrowers on the CalHome Program promissory note all persons who will be or are on title to the property; and
(d) Either:
(1) In the case of a Rehabilitation Loan or if receiving Shared Housing Match services, be an owner-occupant and intend to continue occupying the home as a principal place of residence; or
(2) In the case of an ADU/JADU Loan, be an owner-occupant and intend to either continue occupying the primary residence as a principal place of residence or occupy the ADU/JADU as a principal place of residence; or (3) In the case of a Mortgage Assistance Loan or if receiving Self-Help Technical Assistance services, be a First-Time Homebuyer and intend to occupy the home as a principal place of residence.
(e) Residents of an ADU or a JADU shall not be considered as part of the Household receiving CalHome Program funding for purposes of this section. If the Borrower will occupy an ADU or a JADU, then the residents of the primary unit shall not be considered as part of the Household receiving CalHome Program funding for purposes of this section.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C., Reference: 50650(c) and 50650.3, H.S.C.

Section 204. Local Program/Project Administration
(a) The Recipient shall implement the Local Program or project and be responsible for the following activities:

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(1) Marketing the Local Program or project;
(2) Determination of a Household’s income-eligibility pursuant to the income requirements of §203 of these Guidelines;
(3) Where applicable, based on the nature of the Local Program or project, compliance with the following requirements:
(A) §205 Homebuyer Education requirements;
(B) §206 Loan servicing requirements;
(C) §207 Reuse Account requirements;
(D) §401.3 Self-Help Technical Assistance Administration requirements; (E) §402.3 Mortgage Assistance administration requirements; (F) §402.4 Mortgage Assistance underwriting requirements; (G) §403.3 Owner-Occupied Rehabilitation administration requirements; (H) §403.4 Owner-Occupied Rehabilitation underwriting and construction requirements;
(I) §404.3 Shared Housing Program administration requirements; (J) §405.4 ADU/JADU underwriting and construction requirements; (K) §405.3 ADU/JADU Program administration requirements. (4) For Mortgage Assistance or Owner-Occupied Rehabilitation Loans, disbursing funds on behalf of Borrowers at time of property acquisition or during Rehabilitation;
(5) Maintaining complete and accurate records of all CalHome Program Loan disbursements and repayments to ensure adherence to proper accounting procedures for the CalHome Program Loans, which may be verified by the Department and may be subject to a fiscal and programmatic audit; (6) Complying with reporting requirements pursuant to §602; and (7) Complying with all other Locality and/or Nonprofit Corporation requirements as set forth in these Guidelines and all applicable federal and state regulations.
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familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under federal or state fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Program funds. (1) Notwithstanding the foregoing and subparagraph (c) below, a Tribal Entity Recipient may implement a preference for Indians and tribal members in connection with any Eligible Activities undertaken within Indian Country in accordance with applicable tribal or federal law.
(2) A Tribal Entity Recipient may also implement a preference for Indians and tribal members for procurement in connection with any Eligible Activities undertaken within Indian Country in accordance with applicable tribal or federal law.
(c) To the extent applicable and unless preempted by federal law, the Recipient shall comply with all applicable state and federal laws, rules, guidelines, and regulations that pertain to nondiscrimination and fair housing. Such laws include, without limitation, the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); the Americans with Disabilities Act of 1990; the Fair Housing Act; the Fair Housing Amendments Act of 1988; the California Fair Employment and Housing Act; the Unruh Civil Rights Act; Government Code §11135; §504 of the Rehabilitation Act of 1973; and all regulations promulgated pursuant to those statutes.
(d) Recipient is prohibited from conditioning any prospective or current lenders or Borrower’s, access to (or use of) CalHome Program funds upon payment of any fee(s), fine(s), or other charge(s) to Recipient (e.g., Recipient is prohibited from requiring a first mortgage lender to pay Recipient a fee in order for such lender to make a loan to a Borrower who is utilizing CalHome Program Mortgage Assistance funds for its down payment).

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b), 50650.4 and 50650.7, H.S.C.

Section 205. Homebuyer Education Requirements
(a) Homebuyer Education shall be provided to all homebuyers receiving a CalHome Program Mortgage Assistance Loan and to all Self-Help Construction participants being assisted under a CalHome Program Self-Help Technical Assistance Grant.

For each home purchase completed by an assisted Household, the CalHome Program shall provide a Grant of up to a maximum amount as published in the latest NOFA per assisted Household toward the cost of the Homebuyer Education, provided the following conditions are met:

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(1) Homebuyer Education curriculum shall be pre-approved by the Department and, at a minimum, shall include the following topics:
(A) Preparing for Homeownership;
(B) Available financing and credit analysis;
(C) Loan closing and homebuyer responsibilities;
(D) Home maintenance and Loan servicing.
(2) A certificate of successful completion of Homebuyer Education shall be issued to each prospective homeowner and a copy submitted to the Department.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C.

Section 206. Loan Servicing Requirements
(a) Recipients shall develop and employ a Loan servicing plan that has been submitted to and approved by the Department as addressing the following topics:
(1) Process for monitoring the requirement of owner-occupancy (2) Annual review of hazard and flood insurance
(3) Timely payment of property taxes and assessments, except in the case of Eligible Activities located on land held in trust by the Bureau of Indian Affairs or land subject to a restriction by the United States against alienation (4) Accounting for repayment of CalHome Program Loans
(5) Properly calculating payoffs
(6) Processing payoff demands
(7) Reconveyance of deeds of trust
(8) Collection of CalHome Program notes in default or foreclosure (b) If Loan servicing will be performed under a legally binding agreement with a third party, that third party must be in the business of performing Loan servicing; and (c) Recipients shall be required to enter into a long-term Monitoring Agreement with the Department allowing Department monitoring of Loan servicing for compliance with these Guidelines.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b), 50650.4 and 50650.7, H.S.C.

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Section 207. Reuse Account Requirements
(a) CalHome Program Recipients shall develop and employ a Reuse Account plan that has been submitted to and approved by the Department as addressing the following topics:
(1) Description of a tracking system to ensure the reuse of funds for Eligible Activities including:
(A) Loans to individual homeowners and homebuyers,
(B) Homebuyer Education and
(C) Allowable 5 percent Loan servicing fee.
(b) All repayments of CalHome Loan principal and any CalHome Program Loan interest (i.e., program income) shall be deposited into a separately maintained Reuse Account.
(c) Any interest earned on deposited CalHome reuse funds must accrue to the CalHome Program identified funds and be reused for CalHome Program purposes. (d) Funds in the Reuse Account shall only be used by the Recipient for CalHome Program Eligible Activities which are subject to these Guidelines. This includes all CalHome Program Eligible Activities (except Homeownership Development Projects) for which the Recipient meets the minimum Applicant eligibility requirements.
(e) Loans made from the Reuse Account are subject to the maximum Loan amount as defined in the NOFA under which the original CalHome Award was made, or, the maximum Loan amount as defined in the most recent CalHome.NOFA, whichever is greater.
(f) Recipients shall be required to enter into a long-term Monitoring Agreement with the Department allowing the Department monitoring of Reuse Accounts for compliance with these Guidelines.
(g) In the event a CalHome Recipient ceases operating the CalHome activity for which they were awarded funds, the Recipient has two options:

(1) Return the funds and any program income to HCD; or
(2) Identify another eligible entity and transfer the funds and any program income to that entity’s Local Program. The entity must meet all the same requirements the original Recipient met from the CalHome NOFA and Guidelines under which the Award was made. The funds must be used for eligible activities only. This option requires advance written approval by HCD.

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Section 208. Threshold Requirements
Applications will not be considered for funding unless the application is received by the deadline as stated in the NOFA and demonstrates compliance with all CalHome Program Statutes and Guidelines, including the following conditions:
(a) The Applicant meets geographic restrictions per CalHome Guidelines (Guidelines §200, subd. (a))
(b) The Applicant is an eligible Local Public Entity, Local Public Agency, Tribal Entity, or Nonprofit Corporation (Guidelines §200). For purposes of these Guidelines, a Local Public Entity or Locality is defined to include a Tribal Entity. Pursuant to Health & Safety Code §50091, a Nonprofit Corporation shall include a Tribally Designated Housing Entity as further defined therein.
(c) The Applicant has complied with reporting requirements (Guidelines § 200, subd. (c)) (d) The activity is eligible (Guidelines §201)
(e) The proposed use of funds is eligible (Guidelines §202) (f) The Applicant meets the eligibility requirements for the activity or activities for which they are applying:
(1) First-Time Homebuyer Mortgage Assistance (Guidelines §402.1) (2) Owner-Occupied Rehabilitation Assistance (Guidelines §403.1) (3) Technical Assistance for Self-Help Housing Projects (Guidelines §401.1) (4) Technical Assistance for Shared Housing Programs (Guidelines §404.1) (5) ADU/JADU Assistance (Guidelines §405.1)
(6) Homeownership Development Project Loans (Guidelines §400.1) (g) The application is complete (Guidelines §501)
(h) The application shall be on the Department forms and cannot be altered or modified by the Applicant
(i) The Applicant does not have any unresolved audit findings for prior Department or federally funded housing or community development projects or programs (Guidelines §501)
(j) The Applicant has no pending lawsuits that would impede the implementation of the program (Guidelines §501)
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NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.3(d), H.S.C.

Section 209. State and Federal Laws, Rules, Guidelines and Regulations Awardees must comply with all applicable local, state, and federal laws, constitutions, codes, standards, rules, guidelines, and regulations, including, without limitation, those that pertain to accessibility, construction, health and safety, labor, fair housing, fair employment practices, affirmatively furthering fair housing, nondiscrimination, and equal opportunity except as provided in these Guidelines with respect to projects located within Indian Country.
(a) Relocation Requirements.
(1) The Developer of a Homeownership Development Project resulting in displacement of persons, businesses or farm operations shall be solely responsible for providing the assistance and benefits set forth in this section and in applicable state and federal law and shall agree to indemnify and hold harmless the Department from any liabilities or claims for relocation-related costs.
(2) All persons, businesses, or farm operations that are displaced as a direct result of the development of a Homeownership Development Project shall be entitled to relocation benefits and assistance as provided in Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and the Department’s implementing regulations at California Code of Regulations, title 25, sections 6000 – 6198. Additionally, to the extent applicable, local relocation law as well as the Federal Uniform Relocation Assistance and Real Property Acquisition Act, 49 CFR Part 24, including Appendix A to Part 24, shall apply. To the extent of any variation in the applicable relocation laws, the stricter standard shall apply. Displaced tenants who are not replaced with Eligible Households under this Program shall be provided relocation benefits and assistance from funds other than Program funds.
(3) The Developer shall prepare or update a relocation plan in conformance with the provisions of California Code of Regulations, title 25, section 6038, and any other applicable relocation laws. The relocation plan shall be subject to the review and approval by the Department prior to the execution and approval of the Standard Agreement and prior to actual displacement of persons, businesses, or farm operations. If no persons, businesses, or farm operations will be displaced as a direct result of the Homeownership Development Project’s development, then the Developer shall execute a certification, on a form prepared by the Department, prior to execution and approval of the Standard Agreement.
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writing prior to their occupancy of an existing unit that the unit may be demolished as a result of funding provided under the Program shall not be eligible for relocation benefits and assistance under this section. The form of any notices used for this purpose shall be subject to Department approval. (b) Shared Parking. Developers of Homeownership Development Project Loans shall examine the feasibility of shared parking agreements to replace new parking construction or limit the number of new parking spaces that will be constructed.

These requirements do not apply to proposals located on land owned or leased by the state (Gov. Code, § 65863.1, subd. (j)). An examination of the feasibility of shared parking shall include, at a minimum, identification of parking facilities on contiguous properties or nearby properties that would not require users to cross a street and then consideration of the apparent availability of those facilities for shared parking. (Government Code 65863.1(i)). The examination of the feasibility of shared parking shall be submitted to the Department prior to the execution and approval of the Standard Agreement. Tribal Entities are not required to examine the feasibility of shared parking for Homeownership Development Projects located in Indian Country where an Indian tribe exercises jurisdiction.

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ARTICLE III. HOMEOWNERSHIP/HOMEBUYER LOAN REQUIREMENTS
Section 300. Maximum Homeowner/Homebuyer Loan amounts
(a) CalHome Program Loans to individual Borrowers shall not exceed the amount published in the current NOFA or, when considered with other available financing and assistance, the minimum amount necessary:
(1) In the case of First-Time Homebuyer Mortgage Assistance, to ensure Affordable monthly Housing Costs as defined by the first Mortgage Lender. (2) In the case of Owner-Occupant Rehabilitation, to fund eligible Rehabilitation costs only, in accordance with program requirements.
(3) In the case of ADU/JADU assistance, to fund eligible costs only, in accordance with program requirements.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C. and 50650.7, H.S.C.

Section 301. Homeowner/Homebuyer Loan terms
(a) CalHome Program Loans shall be secured by the property or leasehold interest, as applicable.
(b) The lien securing repayment of the CalHome Program Loan shall be subject only to liens, encumbrances and other matters of record reviewed and approved by the Recipient responsible for underwriting the CalHome Program Loan. To the extent required by applicable law and in the case of Projects or Activities located on land held in trust by the Bureau of Indian Affairs (BIA) or on land subject to a restriction by the United States against alienation, the BIA has approved the Tribal Entity Recipient’s execution and recordation (as applicable) of all Department-required documents that are subject to 25 CFR Part 152 or 25 CFR Part 162, prior to award disbursement.
(c) Homeowner/homebuyer CalHome Program Loans shall have the following terms and conditions:
(1) Principal and interest payments shall be deferred for the term of the CalHome Program Loan.
(2) Loans shall be repayable upon sale or transfer of the property, when the property ceases to be Owner-Occupied, or upon the CalHome Program Loan maturity date. However, if it is determined by the Recipient that repayment of the CalHome Program Loan at the maturity date causes a hardship to the Borrower, the Recipient has two other options. They are:
(A) Amending the note and deed of trust or other security instrument(s) to March 17, 2025 CC Regular Mtg Page 235 of 394
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defer repayment of the amount due at Loan maturity, that is, the original principal and the accrued interest, for up to an additional 30 years (at 0 percent additional interest). For properties located on trust or restricted land within Indian Country for which no deed of trust was recorded, the loan may be deferred without a deed of trust amendment. (B) Converting the debt at Loan maturity, that is, the original principal balance and any accrued interest, to an amortized Loan, repayable in 15 years at 0 percent additional interest.
(3) Loans are not assumable by any other party(ies);
(4) The following transfers of interest shall not require the repayment of the CalHome program Loan:
(A) Transfer to a surviving joint tenant by devise, descent, or operation of law on the death of a joint tenant.
(B) A transfer, in which the transferee is a person who occupies or will occupy the property, which is:
i. A transfer where the spouse becomes an owner of the property. ii. A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the property; or
iii. A transfer into an inter vivos trust in which the Borrower is and remains the beneficiary and occupant of the property.
(5) The term for First-Time Homebuyer Mortgage Assistance CalHome Program Loans shall be 30 years with the following exception: when USDA, Rural Housing Service (RHS) 502 Mortgage Loans are in first lien position, the term shall be the term of the 502 Mortgage.
(6) The term for Owner-Occupied Rehabilitation CalHome Program Loans shall be a maximum of 30 years as determined by the Recipient; and (7) A Borrower may pay the CalHome Program Loan amount, in part or in whole, at any time without penalty.
(d) All CalHome Program assistance to individual Households shall be made in the form of a Loan. Recipients may make CalHome Program Loans bearing simple interest up to 3 percent per annum and may allow forgiveness of all or a portion of the accrued interest as part of its Local Program design. Loan principal shall not be forgiven, except as allowed by statute. In lieu of making Loans bearing a fixed rate of interest, Recipients may instead charge contingent deferred interest in the form of shared net appreciation as set forth in subsection (e).

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(e) Shared net appreciation is allowed, only as follows:
(1) Gross appreciation is calculated by subtracting the original sales price from the current sales price or the current appraised value if the Loan accelerating event is other than sale of the property.
(2) Net appreciation is calculated by subtracting the seller’s applicable closing costs, seller’s cash contribution in the original purchase transaction, the value of seller’s sweat equity, if applicable, and the documented value of capital improvements from the gross appreciation amount;
(3) The Recipient may only claim repayment of the principal, interest, and a portion of the net appreciation. That maximum portion of the net appreciation which may be claimed by the Recipient is equal to the percentage of the value of the residence financed by the CalHome Program Loan. That is, if the Loan equals 20 percent of the initial value of the residence, a maximum of 20 percent of the appreciation may be charged by the Recipient. (f) In any Loan transaction where there is no other public subsidy or public resale restriction, the Borrower cannot be restricted from selling the home at its fair market value at any time.
(g) CalHome Program assistance that is provided to assist in the Rehabilitation or replacement of existing Mobilehomes located in a Mobilehome Park or Manufactured Home community and not permanently affixed to a foundation may be provided in the form of a forgivable Loan. If Tribal Entities intend for lands located in Indian Country, or other real property held in fee by such Tribal Entities, to be considered a Mobilehome Park for the purposes of this section, such tribal lands or real property must satisfy the legal and programmatic requirements of a Mobilehome Park per H.S.C. §18214. Tribal Entity applicants can submit their application with this information to the Department and it will be evaluated on an individual basis. It is recommended Tribal Entity applicants submit an AB 1010 waiver request before applications are due under the applicable NOFA to ensure said lands can be considered a Mobilehome Park.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C. and 50650.7, H.S.C.

Section 302. Homeowner/Homebuyer Loan-to-Value Limits
(a) The Loan-to-Value Ratio for a Mortgage Assistance CalHome Program Loan, when combined with all other indebtedness to be secured by the property, shall not exceed 100 percent of the sales price plus a maximum of up to 5 percent of the sales price to cover actual closing costs.
(b) The Loan-to-Value Ratio for an Owner-Occupied Rehabilitation CalHome Program Loan, when combined with all other indebtedness secured by the property, shall not exceed 105 percent of the After-Rehabilitation Value estimated pursuant to §403.4.

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NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C. and 50650.7, H.S.C.

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ARTICLE IV. PROGRAM REQUIREMENTS
Section 400 Homeownership Development Project Loan
Section 400.1 Eligible Applicant
In addition to the requirements of §200, to be eligible to apply for a Homeownership Development Project Loan, an Applicant shall have successfully completed development of a minimum of two similar projects within the last four years, and the Applicant shall have staff that will be committed to the proposed project that possess the knowledge, skills, and ability to perform the tasks required in a Homeownership Development Project. If the Applicant will use a portion of a Homeownership Development Project Loan to provide Mortgage Assistance to qualified First-Time Homebuyers, the Applicant or its Administrative Subcontractor shall also have successfully administered a homebuyer program for a minimum of two years within the four years immediately preceding the application.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C. and 50650.7, H.S.C.

Section 400.2 Eligible Costs
CalHome Program funds in support of a Homeownership Development Project shall be used only for the following costs:
(a) Purchase of real property;
(b) Building permits and state and local fees;
(c) Predevelopment Costs directly related to eligible Homeownership Development Projects, including ADUs and JADUs;
(d) Onsite Improvements related to eligible Homeownership Development Projects (within the boundaries of the subdivision or individual parcels for scattered site developments). Onsite Improvements do not include construction of housing units; (e) Construction Period Expenses, which do not include unit construction costs; (f) Escrow, title insurance, recording and other related costs; (g) Costs for items intended to assure the completion of construction, such as contractor bond premiums;
(h) Environmental hazard reports, surveys, and investigations; (i) Payoff of bridge Loan financing for site acquisition which has a term of 36 months or less; and
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(j) Attorney fees directly associated with activities related to units funded by the CalHome Program.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C.

Section 400.3 Site Control
To be eligible to apply for a Homeownership Development Project Loan, the Applicant shall have site control of the proposed project property through the application Award date listed in the NOFA, as evidenced by one of the following:
(a) Fee simple title;
(b) An enforceable option to purchase, which shall extend, or may be extended, for a minimum of 120 days beyond the deadline for application submittal; (c) A disposition and development agreement with a public agency; (d) A sales contract, or other enforceable agreement for the acquisition of the property; (e) A leasehold interest, or an enforceable option to lease. The option to lease shall extend for a minimum of 120 days beyond the deadline for application submittal.

The leasehold term must be for a minimum of 40 years. The leasehold must have provisions that enable the lessee(s) to make improvements on and encumber the property for a term sufficient to secure the CalHome Program lien; or (f) Other forms of site control that give the Department equivalent assurance that the project will be able to proceed without inordinate delay. For example, site control as evidenced, in the case of a Tribal Entity and a Homeownership Development Project located on land held in trust by the BIA or land subject to a restriction by the United States against alienation, by a title status report (TSR) issued by the BIA and other documentation as may be required demonstrating site control satisfactory to the Department. An uncertified title status report issued by the BIA will be acceptable to the Department while the Tribal Entity Applicant’s application is pending provided a certified title status report, title opinion letter issued for the benefit of the Department or other documentation is provided before Award disbursement.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C.

Section 400.4 Maximum Homeownership Development Project Loan Amount The maximum Homeownership Development Project Loan amount shall be published in the current NOFA.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.7, H.S.C
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Section 400.5 Homeownership Development Project Loan Terms (a) The Department may make Predevelopment Loans to eligible Applicants for development of Homeownership Development Projects, including Program eligible Housing Developments that include ADUs or JADUs, or make permanent Loans for Mutual Housing and limited equity housing cooperatives. (b) Proposed development projects shall be ineligible to receive funding if Predevelopment Work has begun or will begin prior to the application due date. “Predevelopment Work” includes grading; site preparation (with the exception of demolition or clearing of property); or site improvements intended for public dedication.
(c) All CalHome Homeownership Development Project Loans shall be secured by the project real property and improvements, subject only to liens, encumbrances and other matters of record which have been reviewed and approved by the Department on a case-by-case basis. For clarity, in the case of a Tribal Entity and a Homeownership Development Project located on land held in trust by the BIA or land subject to a restriction by the United States against alienation, a CalHome Homeownership Development Project Loan may be secured by the following wherein the Department shall be named as a beneficiary in each security instrument (i) a Declaration of Restrictive Covenants, (ii) lien against the leasehold property interest, or (iii) other mechanism acceptable to the Department. (d) The Homeownership Development Project Loan term shall end no later than the date specified in the Standard Agreement.
(e) Principal and interest payments shall be deferred for the term of the Homeownership Development Project Loan.
(f) Homeownership Development Project Loans shall be repayable at permanent closings of the individual homebuyer CalHome Program Loans or at the Homeownership Development Project Loan maturity date, whichever occurs first. Up to 100 percent of the Homeownership Development Project Loan may be used to provide Mortgage Assistance to qualified First-Time Homebuyers. The portion of the Homeownership Development Project Loan that is used to provide Mortgage Assistance will be converted to a Grant to the Recipient and the provisions of §402 of these Guidelines, including the provisions of §402.2(d) regarding administrative costs, shall apply to that Grant. The balance of the Homeownership Development Project Loan will be repaid to the Department.
(g) Homeownership Development Project Loans shall bear interest at the rate of 6 percent simple interest per annum. The Department may forgive accrued interest on a pro rata basis to the extent that the number of Lower-Income Households and disaster-affected Moderate-Income Households originally proposed to be served have been served upon completion of the project.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), March 17, 2025 CC Regular Mtg Page 241 of 394
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H.S.C. and 50650.7, H.S.C.

Section 400.6 Homeownership Development Project Loan-to-Value Limits Loan-to-Value limits include all liens recorded or to be recorded on the project property. (a) When Homeownership Development Project Loan funds are used for the purchase of unimproved real property, the Loan-to-Value Ratio shall not exceed 100 percent of the unimproved appraised value.
(b) When Homeownership Development Project Loan funds are used for the purchase of improved real property, the Loan-to-Value Ratio shall not exceed 100 percent of the improved appraised value.
(c) When Homeownership Development Project Loan funds are used for predevelopment or site improvement costs, the Loan-to-Value Ratio shall not exceed 100 percent of the appraised land value, plus predevelopment and/or site improvements costs.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.7, H.S.C.

Section 400.7 Homeownership Development Project Requirements (a) Prior to disbursement of Homeownership Development Project Loan proceeds:
(1) The Developer Borrower shall be the sole owner of the Homeownership Development Project site (when CalHome Program funds are being used for site acquisition, the Developer Borrower shall be the sole owner of the Homeownership Development Project site upon close of purchase escrow). In the case of a Tribal Entity that is a Developer Borrower and a Homeownership Development Project located on land held in trust by the Bureau of Indian Affairs or land subject to a restriction by the United States against alienation, the Tribal Entity Developer Borrower shall be either the legal beneficiary of said trust, or benefitted by said restriction against alienation, respectively, or shall be the lessee of said trust or restricted land.
(2) The Developer Borrower shall have a firm financing commitment(s) for all costs to complete the Homeownership Development Project.
(3) The Department shall have approved a final construction budget that ensures that the estimated sales price of the homes to be constructed:
(A) Does not exceed the limits established in the NOFA; and (B) Can reasonably be expected to be Affordable to eligible buyers; and (4) The Developer Borrower shall have met all other Department conditions for March 17, 2025 CC Regular Mtg Page 242 of 394
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disbursement as stated in the Standard Agreement required by §600(a). (b) A home assisted with a Homeownership Development Project Loan shall not be sold at a price that exceeds its appraised value.
(c) Occupancy restrictions on all properties shall be imposed and enforced in a manner which does not violate state or federal fair housing laws, except in the case of project located within Indian Country as provided in these Guidelines.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.7, H.S.C.

Section 401 Self-Help Technical Assistance Project
Section 401.1 Eligible Applicant
In addition to meeting the requirements of §200 of these Guidelines, to be eligible to apply for CalHome Program assistance for a Self-Help Technical Assistance project, the Applicant shall meet the criteria set forth in the California Code of Regulations (CCR), Title 25, Division 1, Chapter 7, Subchapter 6.5, Article 1, §7532 “Eligible Sponsors”, and have successfully completed a minimum of two Self-Help Construction projects within the four years immediately preceding the application.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b), 50650.4 and 50650.7, H.S.C.

Section 401.2 Eligible Costs
CalHome Program funds in support of a Self-Help Technical Assistance project shall be used only for the following costs of direct services. Indirect costs are not permitted. (a) Costs for assistance, training, and supervision on Self-Help Construction activities and techniques.
(b) Homebuyer Education, which will be reimbursed in the form of a Grant from the Department to the Recipient in an amount not to exceed the maximum published in the current NOFA.
(c) Costs of assistance provided in project development which include, but are not limited to, the preparation of contracts for professional services, application for project funding, packaging Households’ applications for assistance, preparation of subdivision maps, review of engineering plans and specifications for construction and Rehabilitation projects, and compliance with appropriate requirements of funding agencies and local government.
(d) Administrative costs of providing Technical Assistance for the project funded by the Department including, but not limited to, wages, salaries and fringe benefits of clerical and management personnel, and payment for rent, utilities, March 17, 2025 CC Regular Mtg Page 243 of 394
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communications, printing, and travel expenses.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b), H.S.C.

Section 401.3 Self-Help Technical Assistance Administrative Requirements (a) The Recipient shall develop and employ Self-Help Technical Assistance Program Guidelines submitted to and approved by the Department as addressing the following topics:
(1) Program Marketing
(2) Recruitment of homebuyers and selection criteria
(3) Income limits for participation and income determination procedures (4) Criteria for homebuyer participation in the program including:
(A) Residency requirements
(B) Credit requirements
(C) Process of providing reasonable accommodations to Persons With a Disability
(5) List of activities to be performed by Self-Help participants (6) Construction training plan
(7) Homeownership training plan
(b) A home assisted with Self-Help Technical Assistance shall not be sold at a price that exceeds its appraised value.
(c) Prior to the disbursement of an advance, not to exceed 25 percent of the total Grant amount, the Recipient must submit a certification that the Recipient does not have available funds to initiate the project.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b), H.S.C.

Section 402 Mortgage Assistance Program
Section 402.1 Eligible Applicant
In addition to the requirements of §200, to be eligible to apply for CalHome Program funding for a Mortgage Assistance program, the Applicant or its Administrative Subcontractor shall have successfully administered a homebuyer program for a minimum of two years within the four years immediately preceding the application.

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NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.4, H.S.C.

Section 402.2 Eligible Costs
CalHome Program funds in support of a Mortgage Assistance program shall be used only for the following costs:
(a) Mortgage Assistance for permanent financing of:
(1) A dwelling unit, which may include an ADU or a JADU, ready for occupancy; or
(2) A unit, which may include an ADU or a JADU, acquired by a Loan such as a HUD FHA 203(k) Loan. This includes Mortgage Assistance for Self-Help Construction housing, except that CalHome Program permanent financing may be disbursed at time of lot purchase where the Self-Help Construction housing is being financed under the USDA-RHS 502 program. (b) Homebuyer Education, which will be reimbursed in the form of a Grant from the Department to the Recipient in an amount not to exceed the maximum published in the current NOFA.
(c) Non-recurring Loan closing costs.
(d) Administrative costs for the Mortgage Assistance program funded by the Department including, but not limited to, loan closing costs, wages, salaries, and fringe benefits of program, clerical, and management personnel, and payment for rent, utilities, communications, printing, and travel expenses. Administrative costs shall not exceed 10 percent of the total of CalHome Mortgage Assistance disbursements (advances or reimbursements). Administrative costs must be justified for the type and complexity of the Activity, and the Recipient must maintain records to satisfactorily document these charges. This requirement may be satisfied through documents such as invoices, receipts, time tracking, or other documentation of valid program expenses.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C.

Section 402.3 Administrative Requirements
The Recipient of CalHome Program funds to operate a local Mortgage Assistance program shall be responsible for the following activities:
(a) Providing information and assistance to First-Time Homebuyers on obtaining the maximum amount of first Mortgage financing pursuant to the underwriting requirements in §402.4(a)(3)(A).

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(b) Reviewing CalHome Program required appraisals for property eligibility under value limits established pursuant to §402.4(b)(3). The appraised value shall not exceed these limits.
(c) In the case of acquisition of existing housing, the Recipient shall be responsible for inspection of properties to be purchased or a review of Uniform Residential Appraisal Reports, including the valuation conditions, to ensure that they conform to the requirements of State Housing Law (California H.S.C., §17910 et seq.). In the case of acquisition of existing housing located on land held in trust by the BIA or land subject to a restriction by the United States against alienation, residential appraisals may conform to other requirements subject to review and approval by the Department.
(d) If the unit type is a Manufactured Home in a Mobilehome Park, ensuring that the Mobilehome Park has a valid Permit to Operate or conditional Permit to Operate. If the Mobilehome Park is located in Indian Country, a Permit to Operate under California law is not required, however, any permit(s) to operate under tribal law, if applicable, are required.
(e) Ensuring completion by each assisted Household of a Homebuyer Education class that meets the requirements of §205; and
(f) Originating, underwriting, packaging, and closing CalHome Program Loans in accordance with program requirements.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.7, H.S.C.

Section 402.4 Underwriting Requirements.
(a) CalHome Program Recipients shall develop and employ Mortgage Assistance Program Underwriting Guidelines that have been submitted to and approved by the Department as addressing the following underwriting topics:
(1) Establish Front- and Back-End Ratios used to qualify the Borrower; (2) What criteria will be used to determine the credit worthiness of the Borrower; (3) Requirements for the first Mortgage:
(A) Borrower shall obtain the maximum first lien Mortgage Loan with a term and interest rate from a Mortgage Lender consistent with Affordable Housing Costs as defined in each program’s Guidelines.
(B) Mortgage Loans shall not include provisions for negative amortization, principal increases, balloon payments, or deferred interest. (4) Financing subordinate to the CalHome Program Loan:

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(A) Fees and/or charges for subordinate financing shall be reasonable Loan origination fees for first Mortgage financing as determined by the Department to be consistent with industry standards.
(B) There must not be a balloon payment due before the maturity date of the CalHome Program Loan.
(C) All subordinate financing provided shall defer principal and interest payments for the term of the CalHome Program Loan.
(b) Prior to close of escrow, the Recipient shall ensure that an appraisal has been obtained which meets the following requirements:
(1) The appraisal shall be prepared by a state-licensed, residential property appraiser. In the case of land held in trust by the BIA or subject to a restriction by the United States against alienation, the appraisal shall take into consideration the unique circumstances surrounding said real property; (2) The appraisal shall use the sales of comparable properties approach to determine value; and
(3) Maximum appraised home values at time of purchase or upon completion of acquisition/Rehabilitation work shall not exceed the appraised value limit established by the Department and published in the NOFA. (c) Cash out of escrow to Borrowers is limited to the amount deposited into escrow by the Borrowers and not needed for any lender-required minimum down payment. (d) Recipients must obtain title insurance in the amount of the CalHome Program Loan at close of escrow.
(e) Fire insurance (and flood insurance where applicable) requirements are as follows:
(1) Recipient must require Borrowers to maintain insurance on the property in an amount at least equal to the replacement value of the improvements; and (2) Recipient must be named as additional loss payee on the policy.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.7, H.S.C.

Section 403 Owner-Occupied Rehabilitation
Section 403.1 Eligible Applicant
In addition to the requirements of §200, to be eligible to apply for CalHome Program assistance for an Owner-Occupied Rehabilitation Program, the Applicant or its March 17, 2025 CC Regular Mtg Page 247 of 394
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Administrative Subcontractor shall have successfully administered a local OwnerOccupied Rehabilitation Program for a minimum of two years within the four years immediately preceding the application.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.4 and 50650.7, H.S.C.

Section 403.2 Eligible Costs
CalHome Program funds in support of an Owner-Occupied Rehabilitation program shall be used only for the following costs:
(a) Cost of Rehabilitation of the property, as defined in Appendix A. (b) Cost of building permits and other related government fees. (c) Cost of an appraisal, and of architectural, engineering, and other consultant services that are directly related to the Rehabilitation of the property. (d) Non-recurring Loan closing costs.
(e) Replacement cost of a Manufactured Home not on a permanent foundation up to the maximum amount published in the current NOFA in the case where it has been determined by the Recipient it is infeasible to rehabilitate the home. In the case of a disaster, as defined in H.S.C., §50650.3, HCD may, at its discretion and on a case-by-case basis, allow the replacement of a Manufactured Home with a Stick-Built Home of comparable cost; the CalHome Local Program may only provide up to the maximum replacement cost for a Manufactured Home as published in the current NOFA.
(f) Transport costs for purchase of Manufactured Homes. (g) Installation costs for Manufactured Homes.
(h) Administrative costs for the Owner-Occupied Rehabilitation program funded by the Department including, but not limited to, loan closing costs, wages, salaries and fringe benefits of program, clerical, and management personnel, and payment for rent, utilities, communications, printing, and travel expenses.

Administrative costs shall not exceed 20 percent of the total of CalHome OwnerOccupied Rehabilitation disbursements (advances or reimbursements).

Administrative costs must be justified for the type and complexity of the Activity, and the Recipient must maintain records to satisfactorily document these charges. This requirement may be satisfied through documents such as invoices, receipts, time tracking, or other documentation of valid program expenses.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.7, H.S.C.

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Section 403.3 Administrative Requirements
The Recipient of CalHome Program funds for the operation of a local Owner-Occupied Rehabilitation Program shall be responsible for the following activities:
(a) Reviewing CalHome Program required After-Rehabilitation appraisals for property eligibility under value limits established in the current published NOFA; (b) Originating, underwriting, packaging, and closing CalHome Program Loans in accordance with program requirements; and
(c) Completion of Rehabilitation construction requirements pursuant to the OwnerOccupied Rehabilitation Program Guidelines required by §403.4 (a).

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C. and 50650.7, H.S.C.

Section 403.4 Owner-Occupied Underwriting and Construction Requirements (a) CalHome Program Recipients shall develop and employ Owner-Occupied Rehabilitation Program Guidelines submitted to and approved by the Department as addressing the following topics:
(1) Owner-Occupied Rehabilitation underwriting guidelines, including Borrower credit requirements; and
(2) Rehabilitation construction requirements.
(b) Prior to commencement of Rehabilitation work funded by a CalHome loan, an appraisal shall be obtained with the following requirements:
(1) The appraisal may be prepared by Recipient’s staff using the sales of comparable properties approach to determine value. If comparable sales are not available, the appraisal shall be prepared by a state- licensed residential property appraiser. In the case of land held in trust by the BIA or subject to a restriction by the United States against alienation, the appraisal shall take into consideration the unique circumstances surrounding said real property; (2) The appraisal shall take into consideration the estimated value of the Rehabilitation work to be completed on the property and shall include the prerehabilitated value and the After-Rehabilitation Value; and (3) An appraisal is not required in the case of Rehabilitation work on a Manufactured Home that is not on a permanent foundation; an appraisal is required in the case of Rehabilitation work on a Manufactured Home that is on a permanent foundation.
(c) Any cash out of escrow to Borrowers is prohibited.

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(d) Recipients must obtain title insurance in the amount of the CalHome Program Loan at close of escrow.
(e) Fire insurance (and flood insurance where applicable) requirements are as follows:
(1) Recipient must require Borrowers to maintain insurance on the property in an amount at least equal to the replacement value of the improvements; and (2) Recipient must be named as additional loss payee on the policy.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.7, H.S.C.

Section 404 Shared Housing Programs

Section 404.1 Eligible Applicant
In addition to the requirements of §200, to be eligible to apply for CalHome Program assistance for a Shared Housing program, the Applicant or its Administrative Subcontractor shall have successfully administered a Shared Housing program for renters or homeowners for a minimum of two years immediately preceding the application.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C., Reference: 50650.3(b), 50650.4 and 50650.7, H.S.C.

Section 404.2 Eligible Costs
CalHome Program Shared Housing Technical Assistance funds shall be used only for the following costs:
(a) Indirect costs of administering a Shared Housing Local Program, including the costs of providing information and referrals; outreach/marketing costs; program evaluation; and CalHome Program reporting requirements; and/or (b) Costs of direct services, including Shared Housing Matching, documentation of match efforts, and match follow-up services.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C., Reference: 50650.3(b), H.S.C.

Section 404.3 Administration Requirements.
(a) A Shared Housing Technical Assistance Local Program shall, at a minimum, include the following features:
(1) Information regarding services available and procedures and program requirements, which shall be provided to all individuals requesting assistance; March 17, 2025 CC Regular Mtg Page 250 of 394
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(2) Outreach and marketing activities shall be conducted to reach both potential Homeowner Providers and potential Seekers and provide information about the availability, purpose, and requirements of Shared Housing Match services; (3) Program evaluations shall be obtained from clients (Homeowner Providers and Seekers) by the Shared Housing Technical Services provider to be used as a basis for assessment and improvement of services provided to clients; (4) All services required to effect a Shared Housing Match between a Low- Income qualified Homeowner Provider and a Seeker, which must include, at minimum, intake forms/applications, face-to-face interviews between Homeowner Providers/Seekers and Shared Housing agency staff, reference checks, and income determinations to determine Homeowner Provider eligibility; (5) Documentation of a minimum 10 percent reduction in Housing Costs (or increased income) for Homeowner Providers, except in instances where a Homeowner Provider is age 60 or over or is a Person With a Disability and the Seeker (renter) will be providing services to the Homeowner Provider. In cases that do not meet this requirement, the Recipient shall provide written justification; and
(6) Match follow-up services to determine Match satisfaction and to help clients maintain a successful Shared Housing Match.
(b) A Seeker may not be matched to a Homeowner Provider who rents out more than two rooms in their home.
(c) The aggregate annual CalHome Program reimbursement cannot exceed 50 percent of the Locality’s or Nonprofit Corporation’s annual budget for their Shared Housing Match Local Program.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3(b) and 50650.7, H.S.C.

Section 405 ADU/JADU Programs

Section 405.1 Eligible Applicant
In addition to the requirements of §200, to be eligible to apply for CalHome Program assistance for an ADU/JADU Program, the Applicant or its Administrative Subcontractor shall have successfully administered a local Owner-Occupied Rehabilitation Program, new construction development involving multiple Homeownership units (including single-family subdivisions), or an ADU/JADU Program for a minimum of two years within the four years immediately preceding the application.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.4 and 50650.7, H.S.C.

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Section 405.2 Eligible Costs
CalHome Program funds in support of an ADU/JADU Program shall be used only for the following costs:
(a) Cost of construction, reconstruction, repair, conversion, or rehabilitation. (b) Cost of structural modifications to the existing home necessary to accommodate an ADU or a JADU.
(c) Cost of building permits and other related government fees, including all fees necessary to build and occupy an ADU or a JADU.
(d) Cost of an appraisal, and of architectural, engineering, and other consultant services that are directly related to the construction. (e) Non-recurring Loan closing costs.
(f) Administrative costs for the ADU/JADU program funded by the Department including, but not limited to, loan closing costs, wages, salaries and fringe benefits of program, clerical, and management personnel, and payment for rent, utilities, communications, printing, and travel expenses. Administrative costs shall not exceed 20 percent of the total of CalHome ADU/JADU disbursements (advances or reimbursements). Administrative costs must be justified for the type and complexity of the Activity, in the sole and exclusive discretion of the Department, and the Recipient must maintain records which satisfactorily document these charges. This requirement may be satisfied through documents such as invoices, receipts, time tracking, or other documentation of valid program expenses.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, and 50650.7, H.S.C.

Section 405.3 ADU/JADU Programs Administration Requirements.

The Recipient of CalHome Program funds for the operation of a local ADU/JADU Program shall be responsible for the following activities:
(a) Originating, underwriting, packaging, and closing CalHome Program Loans in accordance with program requirements; and
(b) Completion of construction requirements pursuant to the ADU/JADU Program Guidelines required by §405.4(a).

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C. and 50650.7, H.S.C.

Section 405.4 ADU/JADU Programs Underwriting and Construction Requirements (a) Recipients shall develop and employ ADU/JADU Program Guidelines submitted to March 17, 2025 CC Regular Mtg Page 252 of 394
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and approved by the Department addressing the following topics:
(1) ADU and/or JADU underwriting guidelines, including Borrower credit requirements;
(2) ADU and/or JADU construction requirements; and
(3) ADU and/or JADU site standards required by local jurisdictions. (b) Recipients must obtain title insurance in the amount of the CalHome Program Loan at close of escrow.
(c) Fire insurance (and flood insurance where applicable) requirements are as follows:
(1) Recipient must require Borrowers to maintain insurance on the property in an amount at least equal to the replacement value of the improvements; and (2) Recipient must be named as additional loss payee on the policy. (d) Recipients shall set a minimum tenancy of 30 days and shall not use this program for short-term rentals.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.3, 50650.3(b), H.S.C. and 50650.7, H.S.C.

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ARTICLE V. APPLICATION PROCEDURES
Section 500. Application Process
(a) The Department shall periodically issue a NOFA that specifies, among other things, the amount of funds available, the minimum/maximum application amount, the minimum/maximum activity amount, minimum/maximum amount per Assisted Unit, the Maximum Sales Price/Value Limit , minimum number of units per Homeownership Development Project, application requirements, the activities eligible for funding, the number of activities that may be applied for in one application, the allocation of rating points, the deadline for submittal of applications, and the schedule for rating and ranking applications and awarding funds. (b) In order to implement goals and purposes of the CalHome Program, the Department may adopt measures to direct funding Awards to designated Local Program types or project types including, but not limited to Local Programs or projects that: are utilizing self-help labor; are utilizing Volunteer Labor; involve a Construction Skills Training Program; contribute toward Community Revitalization; are located in Rural Areas or other areas to achieve a reasonable geographic distribution of funding, to the extent feasible; or are located in a geographic area subject to a presidential declaration of disaster or emergency, or a “state of emergency”, or a “local emergency”, as those terms are defined in GC §8558.

Such measures may include, but are not limited to:
(1) Issuing a separate NOFA for designated Local Program or project types; (2) Awarding bonus points to designated Local Program or project types within a particular NOFA;
(3) Reserving a portion of funds in the NOFA for designated Local Program or project types; and/or
(4) Notwithstanding anything in these Guidelines to the contrary, a separate NOFA issued pursuant to this subsection may establish an over-the-counter application process, meaning the Department continuously accepts and rates applications until the funding available under the NOFA is exhausted. At a minimum, a separate NOFA shall include a description of the application process and funding conditions, shall require compliance with paragraph (a) of this Section, and shall establish minimum funding threshold criteria consistent with these Guidelines.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: 50650.2, H.S.C. and 50650.3, H.S.C.

Section 501. Application Requirements
Application shall be made in a format provided by the Department. The Department shall request the following information:

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(a) Applicant identification information including: name, address, telephone number, contact person and, for Nonprofit Corporations, corporate governing documents and financial information (e.g., articles and by laws, certificate of good standing from the California Secretary of State, confirmation of 501(c)(3) status, the most recent two years of audited financial statements), and list of legislative representatives for the area where the program or project will be undertaken. (b) Authorizing resolutions of the Applicant’s governing board shall be provided, and must be approved by the Department, prior to issuance of a Standard Agreement.

Authorizing resolutions do not need to be provided as part of the application. (c) Documentation evidencing that the Applicant: has the authority to undertake the activities applied for; that it meets the eligibility requirements; that it does not have any unresolved Department audit findings nor pending lawsuits; that if the application is for a construction project, Construction Work has not yet begun; and that it agrees to comply with all program requirements. (d) Project or program description including amount applied for, number of units or Households to be assisted, income levels of Households to be assisted, description of prior experience with the type of program or project applied for, geographic location of the activities, financing sources and uses, and description of any contributed labor.
(e) For Homeownership Development Projects, the description of the project also shall include: a description of how the Applicant has site control; to the extent applicable, the status of all local government approvals; availability of on and off site improvements and utilities; soil condition and environmental conditions; project costs; unit description in terms of size, number of bedrooms; per unit construction cost; estimated sales price and sources of financing; estimated monthly Housing Costs of purchasers; and description of the Homebuyer Education program. (f) A description of how the Applicant will comply with the requirements for Local Program/project administration set forth in §204 applicable to the program or project being applied for.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. Reference: and 50650.7, H.S.C.

Section 502. Selection Process
(a) For applications that pass threshold reviews, those applications will be rated and ranked according to the rating criteria set forth in the NOFA and application. (b) For those eligible applications received in an over-the-counter NOFA process, individual Projects will be evaluated for funding on a first-come, first-served basis as set out in NOFA.
(c) Tiebreaker criteria and methodology will be specified in the NOFA.

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(d) Applications shall be evaluated on the criteria identified in the NOFA. (e) Once an Activity is awarded Department funds, the Recipient’s acceptance of these Department funds is acknowledging the Activity as submitted and approved by the Department is the activity that is to be funded. Any modification of the Activity, without written approval from the Department, would deem that Award null and void, as the awarded Project is no longer feasible as originally submitted and approved and because the awarded funds are unable to be assumed or assigned.

Section 503. Appeals Process
(a) The most current version of the Department’s Negative Points Policy published on the Department’s website (Administrative Notice Number 2022- 01) is hereby incorporated by this reference to these Guidelines as if set forth in full herein, and shall apply with equal force as all other provisions set forth herein. (b) If the Applicant is subject to negative points assessment based on the criteria outlined in the Department’s Negative Points Policy, HCD shall notify the Applicant in writing within the point score letter and will provide an opportunity to appeal negative points assessment, or any disagreed points assessment, pursuant to the appeals process as set forth in the NOFA. Disqualifying threshold determinations shall also follow a similar process, which shall be set forth in greater detail in the NOFA. For reference, all such appeals must be received by HCD no later than five (5) business days from the date of HCD’s threshold review, or initial score letters, as applicable, representing HCD’s decision made in response to the application.

Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the Guidelines and the NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of HCD.

Article VI. PROGRAM OPERATIONS
Section 600. Legal Documents
(a) Upon the Award of funds, the Department shall enter into a Standard Agreement with the Recipient constituting a conditional commitment of funds. This contract shall require the parties to comply with the requirements and provisions of these Guidelines. The Standard Agreement shall encumber state monies in an amount sufficient to fund the approved Local Program or project, subject to limits established in the NOFA and consistent with the application. The Standard Agreement shall contain, but not be limited to, the following as appropriate for the activity.
(1) A description of the approved Local Program or project and the permitted uses of CalHome Program funds.

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(2) Provisions governing the amount, terms, and conditions of the Department’s development Loan or Grant to Recipient.
(3) For Homeownership Development Projects, provisions governing the Construction Work and, as applicable, the acquisition of the project site, and the disbursement of Loan proceeds.
(4) For Self-Help Technical Assistance projects, a budget, and a timetable for completion of the project.
(5) Requirements for the execution, and where appropriate, the recordation of the agreements and documents required under the CalHome Program. (6) For a Local Program or project, the Recipient’s responsibilities for operation of the Local Program or completion of the project, including, but not limited to, number of units to be assisted, marketing, CalHome Program Loan processing and funding, construction monitoring and disbursement, report submissions, file documentation.
(7) For a Homeownership Development Project, the Recipient’s responsibilities for the development of the project, including, but not limited to, number of units to be assisted, marketing, processing of individual homebuyer CalHome Program Loans, expiration date, report submissions, file documentation. (8) Manner, timing, and conditions for disbursement of CalHome Program or Project funds to Recipients.
(9) Provisions relating to the placement on or in the vicinity of the Homeownership Development Project site, a sign indicating that the Department has provided financing for the Project. The Department may also arrange for publicity of the Department CalHome Program Homeownership Development Loan in its sole discretion.
(10)Remedies available to the Department in the event of a violation, breach, or default of the Standard Agreement.
(11)Requirements that the Recipient permit the Department or its designated agents and employees the right to inspect the Project or Local Program and all books, records and documents maintained by the Recipient in connection with the Local Program or Self-Help Technical Assistance Project Grant or Homeownership Development Project Loan or Local Program individual CalHome Program Loans.
(12)Special conditions imposed on a case-by-case basis as part of Department approval of the Local Program or Project.
(13)Terms and conditions required by federal or state law.

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(14) Other provisions necessary to ensure compliance with the requirements of the CalHome Program.
(b) Prior to the disbursement of funds, the Department shall enter into a 20-year Monitoring Agreement with the Recipient requiring the parties to comply with the requirements and provisions of §207 regarding a Reuse Account established pursuant to the CalHome Program legislation. The Monitoring Agreement shall contain, but not be limited to, the following:
(1) Requirements regarding the establishment of a Reuse Account for the deposit of CalHome Program Loan repayments, including interest and principal, and the requirements for disbursement of funds from the Reuse Account.
(2) The plan for servicing of the CalHome Program Loans as prepared by the Recipient and reviewed and approved by the Department.
(3) The plan for the reuse of CalHome Program funds.
(4) Requirements for submittal of an annual report.
(5) Remedies available to the Department in the event of a violation, breach, or default of the Monitoring Agreement.
(6) Requirements that the Recipient permit the Department or its designated agents and employees the right to inspect the Local Program or Project and all books, records and documents maintained by the Recipient in connection with the Reuse Account and long-term Loan servicing.
(7) Other provisions necessary to ensure compliance with the requirements of the CalHome Program.
(c) All homeowner/homebuyer CalHome Program Loans originated by a Recipient shall be evidenced by the following documents and provisions:
(1) A promissory note evidencing the CalHome Program Loan, payable to the Recipient in the principal amount of the CalHome Program Loan and stating the terms and rate of interest of the CalHome Program Loan consistent with the requirements of the CalHome Program. The Recipient is prohibited from assigning their beneficial interest under the note. Unless the homeowner / homebuyer property is located on trust or restricted land within Indian Country, the note shall be secured by a deed of trust, or other appropriate security instrument acceptable to the Department, on the homeowner/ homebuyer property naming the Recipient as beneficiary. This deed of trust or other appropriate security instrument shall be recorded and shall secure the Recipient’s financial interest in the Project.
(2) In the case of homeowner Rehabilitation CalHome Program Loans, a Loan agreement between the homeowner and the Recipient governing the March 17, 2025 CC Regular Mtg Page 258 of 394
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Rehabilitation and the CalHome Program Loan terms. The terms of any other financing provided by the Recipient should also be included. (d) Homeownership Development Project Loan legal documents shall include, but not be limited to:
(1) A promissory note evidencing the Loan, payable to the Department in the principal amount of the Loan and stating the terms of the Loan consistent with the requirements of the CalHome Program. The note shall be secured by a deed of trust on the Project property naming the Department as beneficiary.

This deed of trust shall be recorded junior only to such liens, encumbrances and other matters of record approved by the Department and shall secure the Department's financial interest in the Project and the performance of the Developer Borrower’s program obligations. In the case of a Tribal Entity and a Project located on land held in trust by the BIA or land subject to a restriction by the United States against alienation, the note may be secured by the following wherein the Department shall be named as a beneficiary in each security instrument (i) a Declaration of Restrictive Covenants, (ii) lien against the leasehold property interest, or (iii) other mechanism acceptable to the Department.
(2) A development agreement between the Department and the Developer Borrower, for not less than the term of the Homeownership Development Project Loan, which sets forth the obligations of the parties regarding standards and conditions which control development of the subject property. (e) Self-Help Technical Assistance Grant legal documents shall include, but not be limited to, an agreement between the Recipient and Self-Help participants which clearly sets forth what is expected of each party, and which clearly shows what work is expected of the participating Household.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C., 50650.3(b), 50650.4 and 50650.7, H.S.C.

Section 601. Disbursement of Loan and Grant Funds
(a) CalHome Program funds shall be disbursed on an advance basis or a reimbursement basis. Advances may include, but are not limited to:
(1) Homeownership Development Project Loan disbursements; (2) Advances of up to 25 percent of the Award for Self-Help and Shared Housing Technical Assistance.
(3) Advances of up to 25 percent of the Award for Owner-Occupied Rehabilitation Programs or ADU/JADU Programs up to the amount of the Recipient’s anticipated volume of closed Loans for the following 60 days; or March 17, 2025 CC Regular Mtg Page 259 of 394
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(4) Advances of up to 25 percent of the Award for escrow for Mortgage Assistance Loans.
(b) Details of the process for disbursements are as follows:
(1) CalHome Program funds shall not be obligated to a Recipient prior to the date a Standard Agreement is executed by both the Recipient and the Department.

CalHome Program funds may be released only after the Standard Agreement is fully executed and the Department has reviewed and approved the following Recipient submissions:
(A) Loan servicing plan.
(B) Recipient’s applicable Program Guidelines.
(C) Loan document templates.
(D) Reuse Agreement with verification of established Reuse Account. (E) Fully executed 20-year Monitoring Agreement, and;
(F) If Recipient contracts with a third party for any item(s) listed under §601(b)(1), then Recipient shall also submit the legally binding agreement with such third party, together with any and all exhibits, addenda, and amendments thereto, to the Department for review and approval.
(2) CalHome Program funds may be requested as either a reimbursement or as an advance. All Recipients shall reconcile advances within ninety (90) days of receipt of funds from HCD. Documentation showing at least two-thirds of the funds previously released for program activities were expended shall be submitted to the Department before another advance request will be processed. Recipients shall also be up to date on all submissions of quarterly, annual, and Reuse Account reports as applicable before another advance request will be processed. Advances that are not used within this timeframe shall be returned to the Department.
.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C., Reference: 50650.3(b), H.S.C., 50650.4 and 50650.7, H.S.C.

Section 602. Reporting Requirements
(a) During the term of the Standard Agreement, and no later than 30 days after the end of each calendar quarter, the Recipient shall submit to the Department a performance report which shall address the following topics; (1) Description of current status of program activity, including number of units assisted,
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(2) Description of activities to be undertaken in the next reporting period, (3) Description of problems or delays encountered in program implementation, and course of action taken to address them,
(4) Description of actions taken to meet program expenditure deadlines, (5) Summary of program fiscal status, including:
(A) Award amount
(B) Funds drawn
(C) Remaining balance
(b) During the term of the Standard Agreement and Monitoring Agreement, no later than 30 days after June 30 of each year, the Recipient shall submit to the Department an annual performance report which shall address the following topics:
(1) Number of units assisted with CalHome Program Loans by program activity type,
(2) Amount of CalHome Program funds spent on CalHome Program Eligible Activities by category,
(3) Summary of fiscal status for the reporting period, including (4) Award amount,
(5) Funds drawn as of June 30, and
(6) Remaining balance.
(c) At any time during the term of the Standard Agreement or the Monitoring Agreement, the Department may perform or cause to be performed an independent financial audit of any and all phases of the Recipient’s Local Program, Self-Help Technical Assistance Project or Homeownership Development Project. At the Department’s request, the Recipient shall provide, at its own expense, a financial audit prepared by a Certified Public Accountant.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C., H.S.C., 50650.7, H.S.C., and 50650.7, H.S.C.

Section 603. Performance Goals
(a) For all Local Program activities:
(1) 100 percent of funds shall be expended within 36 months of the date the March 17, 2025 CC Regular Mtg Page 261 of 394
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Standard Agreement is executed by the Department. If this goal is not met:
(A) The remaining unused funds may be disencumbered by the Department; and
(B) If less than 95 percent of the funds are expended at the end of the 36th month, the Recipient’s next application for funding under the CalHome Program may receive a penalty deduction in the total points awarded pursuant to the current NOFA.
(b) For Homeownership Development Projects:
(1) The Recipient shall draw down CalHome Program funds or begin onsite construction within 22 months from the date the Standard Agreement is executed by the Department. If this goal is not met, the Department may disencumber all funds and cancel the Department commitment to the Project; and
(2) Unit construction must be completed, and CalHome Program Mortgage Assistance Loans closed within 60 months from the date the Standard Agreement is executed by the Department. If the projected number of Assisted Units has not been achieved by the end of the 60th month, the Recipient’s next application for funding under the CalHome Program may receive a penalty deduction in the total points awarded pursuant to the current NOFA. (c) For Self-Help Technical Assistance Grants:
(1) The Recipient shall begin onsite construction within 12 months from the date of the Award of funds by the Department. If this goal is not met, the Department may disencumber all funds and cancel the Department commitment to the Project; and
(2) Unit construction shall be completed within 60 months of the date the Standard Agreement is executed by the Department. If this goal is not met, then:
(A) The remaining unused funds may be disencumbered by the Department; and
(B) If the projected number of Assisted Units has not been completed by the end of the 60th month, the Recipient’s next application for funding under the CalHome Program may receive a penalty deduction in the total points awarded pursuant to the current NOFA.
(d) The Department may exercise its reasonable discretion to disencumber funds discussed under this provision or to grant an extension of time; provided however that any extensions are in all events subject to any and all applicable encumbrances, deadlines, and limitations, including but not limited to H.S.C. 54006(g).

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NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. and 50650.7, H.S.C.

Section 604. Defaults and Loan Cancellations
(a) Funding commitments may be canceled by the Department under any of the following conditions:
(1) The objectives and requirements of the CalHome Program cannot be met; (2) Implementation of the Local Program or Project cannot proceed in a timely fashion in accordance with the timeframes established in the Standard Agreement; or
(3) Funding conditions have not been fulfilled within required time periods. (b) In the event of a breach or violation by the Recipient of any of the provisions of the Standard Agreement, the development agreement, the Homeownership Development Project Loan promissory note, or the Homeownership Development Project Loan deed of trust or other security interest, or any other agreement pertaining to the Homeownership Development Project, the Department may give written notice to the Sponsor to cure the breach or violation within a period of not less than 15 days. If the breach or violation is not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default under the relevant document and may seek legal remedies for the default, including the following:
(1) The Department may accelerate all amounts, including outstanding principal and interest, due under the Loan and demand immediate repayment thereof.

Upon a failure to repay such accelerated amount in full, the Department may proceed with a foreclosure in accordance with the provisions of the deed of trust and state law regarding foreclosures. In the case of a Tribal Entity and a Project located on land held in trust by the BIA or land subject to a restriction by the United States against alienation, the Department may exercise its beneficiary rights under the security instrument described under §600(d)(1). (2) The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Project in accordance with CalHome Program requirements; and
(3) The Department may seek such other remedies as may be available under the relevant agreement or any law.
(c) Upon receipt of a notice of intent to cancel the commitment from the Department, the Recipient shall have the right to appeal to the Director.

NOTE: Authority cited: §50406(n) and 50650.2, H.S.C. and 50650.3(b), and 50650.7, H.S.C.

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APPENDIX A- DEFINITIONS
This appendix includes combined definitions for both Homeownership Super NOFA Guidelines and replaces former Guidelines definitions.

AB 434- Assembly Bill No. 434, Chapter 192, Statutes of 2020.

Accessory Dwelling Unit (ADU)- Shall have the same meaning as defined by subdivision (j)(1) of Government Code (GC) §65852.2.

Activity- An eligible use of Program funds that can be either a Homeownership Development Project or a Local Program.

Administrative Subcontractor- Any entity or individual which contracts with the Program Recipient to provide any portion of administrative services to the Local Program Activity.

Individuals or groups that are acting in the capacity of developer or owner of a Project shall not act as Administrative Subcontractor for the Activity.

ADU/JADU Program- Funds are provided to a Locality or Nonprofit Corporation to administer a Program to fund the construction, reconstruction, repair, or Rehabilitation of ADUs or Junior Accessory Dwelling Units (JADUs). The Eligible Household is allowed, if assisted through a CalHome Program ADU/JADU Program, to rent or lease an ADU or a JADU unit.

Affordable- As it relates to Housing Costs, this means that the housing obligation can be paid by the person or Household, along with all other financial responsibilities, without endangering the financial stability of the Household.

After-Rehabilitation Value- The appraised value of the property including completed Rehabilitation work.

Agricultural Employment- Employed in the cultivation and tillage of the soil; the production, cultivation, growing and harvesting of any agricultural or horticultural commodities; the raising of livestock, bees, furbearing animals, or poultry; dairying, forestry, and lumbering operations; and any work on a farm as incident to or in conjunction with such farming operations, including the delivery and preparation of commodities for market or storage.

Agricultural Employment also includes work done by any person who works on or off the farm in the processing of any agricultural commodity until it is shipped for distribution, whether or not such person is encompassed within the definition specified in subdivision (b) of §1140.4 of the Labor Code.

Agricultural Household- An Agricultural Worker or workers and other persons who reside or will reside with an Agricultural Worker in an Assisted Unit.

Agricultural Worker- An individual who derives, or prior to retirement or disability derived, a substantial portion of his/her income from Agricultural Employment.

Annual Income- All income as defined in 24 Code of Federal Regulations (CFR), Part 5, §5.609 (see Income Calculation and Determination Guide for Federal Programs, Chapter 1, Chapter 2, and Chapter 3). ADU or JADU related income will be exempt from the Annual March 17, 2025 CC Regular Mtg Page 264 of 394
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Income calculation.

Applicant- The Local Public Entity(ies) and/or Nonprofit(s) applying to the Department for the Program funding. Such Local Public Entity(ies) and/or Nonprofit(s) may also be the Sponsor, defined in these Guidelines. Upon receiving an Award of funds, the Applicant will be referred to as the “Recipient” in the Department’s legal documents relative to an Award of a Grant, or as “Sponsor” in the Department’s legal documents relative to an Award of a Loan. For the purpose of designated Program Guidelines, an Applicant that only receives an Award of Grant funding will, both individually and collectively, be referred to as the “Recipient.” Assisted Housing Unit (Assisted Unit)- A housing Unit that is subject to Program occupancy restrictions as a result of financial assistance provided under the Program.

Assisted Units shall also include Units occupied by a Seeker successfully matched to a Homeowner Provider under a Shared Housing Local Program or a Household provided with Self-Help Technical Assistance in a Project funded pursuant to this subchapter.

Award- A commitment of money in the form of a Program Grant or a Loan that is made by the Department to an Applicant.

Back-End Ratio- The ratio between monthly Household income and monthly Housing Costs plus all payments on long-term installment debt.

Borrower- A homebuyer(s) or existing homeowner(s) who has or will receive a Program Loan made from the Department funded Local Program. This person(s) will sign the promissory note and is or will be the homeowner of the property being financed.

Community-Based Developer– A nonprofit entity (including a Tribal Entity), and/or a Limited Liability Company or Limited Partnership if permitted by the applicable funding Program, which satisfies all of the following requirements at the time of application, as reasonably determined by the Department:
(a) The entity shall have been operating in the community to be served by the Project described in the application for a period of at least twenty-four (24) consecutive months immediately preceding application submittal;
(b) The entity shall reasonably define the community to be served by specifying and delineating the applicable neighborhood geographic area on a map showing, among other things, the boundaries thereof and the number of square miles contained therein, not to exceed ten (10) square miles for non-Rural Areas or twenty (20) square miles for Rural Areas; and such defined community shall:
(1) be primarily or exclusively located in a Moderate and/or Low Resource area or in a High Segregation & Poverty area, as designated in the most recently updated TCAC/HCD Opportunity Area Map or in such comparable federal map(s) as approved by the Department;
(2) include the Project to be funded by the award; and
(3) subject to subsection (c) immediately following, include the entity’s corporate office within its boundaries.

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(c) The entity satisfies either of the following geographic requirements, as applicable:
(1) Where the proposed Project is located in a non-Rural Area, either: (A) the entity maintains a corporate office within five miles of the proposed Project, or (B) the entity has developed, owned, or operated at least three deed-restricted affordable housing projects located within 10 miles of the proposed Project; or (2) Where the proposed Project is located in a Rural Area, either: (A) the entity maintains a corporate office within 10 miles of the proposed Project, or (B) the entity has developed, owned, or operated at least three deed restricted affordable housing projects located within 20 miles of the proposed Project. (d) The entity satisfies both of the following experience requirements:
(1) The entity has developed, owned, or operated at least one Homeownership Development Project that is equivalent to the proposed Project in size and scale.

The Department may determine experience by evaluating the experience of the entity itself or the experience of senior staff within the organization. If the experience requirement is satisfied by one or more of the Community-Based Developer’s senior staff members, then the Standard Agreement and the loan documents shall include a Sponsor obligation to provide the Department with immediate written notice in the event of such member’s or members’ departure from or termination by the entity.
(2) The entity has at least five years’ experience in the delivery of Culturally Competent Services and/or Community Benefit Programs to Very Low Income and/or Lower Income Households in the communities served by the entity. This experience must include direct, in-person delivery of at least two Culturally Competent Services and/or Community Benefit Programs to the general public within 10 miles of the proposed Project. Such services or programs must have been provided on an ongoing basis and during core business hours, and they cannot have been provided at an existing affordable housing project. (e) The entity serves no more than three distinct geographic communities, as demonstrated by the location or delivery site of corporate offices, affordable housing projects, Culturally Competent Services, and/or Community Benefit Programs. (f) The entity has community knowledge, commitment to long-term community investment, and population-specific cultural competency, as demonstrated by evidence of at least two of the following:
(1) Receipt of grant funds for services within the relevant community. (2) Bilingual staff members that provide daily language assistance during the entity’s delivery of services to the relevant community.
(3) A record of hiring within the community.
(4) Membership in or recruitment from a local Urban League (or substantially equivalent) organization.

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Community Benefit Programs– Such programs include, but are not limited to, the following:
(a) Free or reduced-cost childcare, after-school care, youth development, or adult daycare programs.
(b) Community center facilities that are staffed and open to the public at least once a week or a minimum of seven (7) hours each week.
(c) A medical clinic with a physician, physician’s assistant, or nurse practitioner onsite for a minimum of 40 hours each week.
(d) Technical assistance or lending to, or investment in, at least ten (10) small businesses within five (5) miles of the proposed Project.
(e) Job training, digital literacy training, college outreach (linking potential students to college resources and information), or other employment or educational programs or outreach.
(f) Financial counseling, housing counseling, free tax return assistance, or other economic empowerment programs.
(g) Food distribution programs.

Community Revitalization- A Program or Project will be considered to contribute towards Community Revitalization if all Units to be assisted with Program funds are, or will be, located within a federal Promise Zone, a Choice Neighborhood Initiative Area, an Opportunity Zone, or a federally designated Justice40 Initiative disadvantaged community.

Construction Skills Training Program- An existing program that trains youth 16 to 24 years old in construction skills.

Construction Period Expenses- Carrying costs during construction, including insurance, construction financing fees and interest, taxes, and any other expenses necessary to hold the property while the eligible Homeownership Development Project, including ADUs and JADUs, is under construction. Construction Period Expenses do not include unit construction costs.

Culturally Competent Services– Services that respect diversity in the community and that respond effectively across cultures, regardless of differences in language, communication styles, abilities, disabilities, beliefs, attitudes, and behaviors.

Department or HCD- The California Department of Housing and Community Development.

Developer- Locality or Nonprofit Corporation that owns the Project land, obtains the Project financing, and develops the Homeownership Development Project.

Developer Borrower- Developer who receives a Program Loan for the development of a Project involving Homeownership Units.

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Elderly- The same as defined in H.S.C., §50067.

Eligible Household- A Lower or Very Low-Income Household at or below ModerateIncome Household that is a victim of a disaster as defined in H.S.C., §50650.3 that is:
(a) A First-Time Homebuyer;
(b) An existing owner-occupant of property in need of Rehabilitation, including construction, repair, reconstruction, or rehabilitation of an ADU or a JADU; (c) A homeowner participant in a Shared Housing Local Program; or (d) A First-Time Homebuyer participant in a Self-Help Construction Project.

The Eligible Household shall occupy, or intend to occupy, the property as their principal residence and shall not lease or rent the property (except in the case of a Homeowner Provider assisted through a CalHome Shared Housing Program in renting a room in their home to a Seeker, or in the case of an owner-occupant assisted through a CalHome Program ADU/JADU Program in renting an ADU or a JADU Unit).

First-Time Homebuyer- A Borrower(s) who has not owned a home during the three-year period before the purchase of a home with Program assistance, except that the following individual or individuals may not be excluded from consideration as a First-Time Homebuyer under this definition:
(a) A displaced homemaker who, while a homemaker, owned a home with their spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not within the preceding two years worked on a fulltime basis as a member of the labor force for a consecutive 12-month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment, and worked primarily without remuneration to care for their home and family; (b) A single parent who, while married, owned a home with their spouse or resided in a home owned by the spouse. A single parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or joint custody, or is pregnant; or
(c) An individual or individuals who owns or owned, as a principal residence during the three-year period before the purchase of a home with Program assistance, a dwelling Unit whose structure is:
(1) Not permanently affixed to a permanent foundation in accordance with local or state regulations; or
(2) Not in compliance with state, local, or model building codes and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.

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Mobilehome is installed upon it. This includes a design to withstand vertical and lateral forces due to dead load, roof and floor live loads, wind, and seismic loads in accordance with the California Residential Code.

Front-End Ratio- The ratio between monthly Household income and monthly Housing Costs, including first Mortgage, principal, interest, taxes, and insurance.

Grant- An Award of funds made from the Department to eligible Localities or Nonprofit Corporations to operate Local Programs or to provide Self-Help Technical Assistance to a Project. In the case of a Homeownership Development Project Loan, the portion of that Loan which is used to provide Mortgage Assistance to qualified First-Time Homebuyers is converted to a Grant.

Grant Agreement- The written agreement between the Department and the Developer of a Homeownership Housing Project ensuring compliance with construction, financial and Program obligations.

Homebuyer Education- A specific course of instruction to educate First-Time Homebuyers regarding various aspects of purchasing and maintaining a home.

Homeownership- Any of the following:

1. Fee simple title on real property.

2. A leasehold interest on real property that enables the lessee to make improvements on and encumber the property and has a term sufficient to secure the Program Loan.

3. Ownership of a Manufactured Housing Unit.

4. A share interest in a limited equity housing cooperative.

5. A tribal land assignment, tribal homestead site, or other form of tribally-determined homeownership.

6. An interest in a Mutual Housing Project.

Homeownership Development Project- New construction, rehabilitation, or adaptive reuse on a site, including single-family subdivisions, multifamily Homeownership Projects such as condominium developments, or scattered sites, that is under common ownership, development financing and construction.

Homeownership Development Project Loan (“Project Loan”)- Development loan to the Recipient to be used for purchase of real property, Onsite Improvements, Predevelopment Costs, and Construction Period Expenses. Onsite Improvements do not include construction of housing units. Construction Period Expenses do not include unit construction costs. Up to 100 percent of the Project Loan may be used to provide Mortgage Assistance to qualified First-Time Homebuyers once the homes are built; any portion of the Project Loan used for Mortgage Assistance is converted to a Grant. Any remaining Project Loan amount not used for Mortgage Assistance is repayable to the Department.

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Homeowner Provider- A Low-Income person(s) currently residing in a home they own and occupy as a principal place of residence who desires to find a tenant to share their residence.

Household- One or more persons occupying the same housing Unit.

Housing Cost- Pursuant to Title 25, California Administrative Code, §6920, the Housing Cost of a person or family purchasing a housing Unit shall include all of the following associated with that housing Unit:
(a) Principal and interest on a Mortgage Loan, including any Rehabilitation Loans, and any Loan insurance fees associated therewith.
(b) Property taxes and assessments.
(c) Fire and casualty insurance covering replacement value of property improvements. (d) Property maintenance and repairs.
(e) A reasonable allowance for utilities, including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuels. Utilities does not include telephone service. Such an allowance shall take into consideration the cost of an adequate level of service.
(f) Homeowner association fees.
(g) Space rent if the housing Unit is situated on rented land.

Housing Development- A residential housing development that receives assistance from the Program and includes Assisted Housing Units.

HUD- The U.S. Department of Housing and Urban Development.

Indian Country-
(a) All land located in “Indian Country” as defined by 18 U.S. Code (USC) 1151:
(1) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rightsof-way running through the reservation, (2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and
(3) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
(b) All land within the limits of a Rancheria under the jurisdiction of the United States Government.
(c) All land held in trust by the United States for an Indian Tribe or individual; and March 17, 2025 CC Regular Mtg Page 270 of 394
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(d) All land held by an Indian Tribe or individual subject to a restriction by the United States against alienation.

Junior Accessory Dwelling Unit (JADU)- In compliance with GC §65852.22, a residential living area contained within a proposed or existing single-family residence that is no more than 500 square feet in size. JADUs can include additions to an existing structure of no more than 150 square feet. JADUs shall include independent provisions for living, sleeping, eating, and cooking (area meeting the definition of Efficiency Kitchen but not a standard Kitchen), and shared or separate sanitation facilities with the main dwelling unit. See also Accessory Dwelling Unit.

Loan- The same meaning as defined in H.S.C., §50076.6.

Loan-to-Value Ratio- The ratio between the amount of all indebtedness liened, or to be liened, against a property and the appraised value of the property securing the liens.

Limited Liability Company- a Limited Liability company where all the members are Nonprofit public benefit corporations. Limited Liability Company eligibility requirements are specified in §200.1 of the Serna Guidelines.

Limited Partnership- A Limited Partnership as defined in §171.5 of the Corporations Code and in which all of the general partners are either Nonprofit public benefit corporations, Limited Liability Companies, or a combination of Nonprofit public benefit corporations and Limited Liability Companies. Limited Partnership eligibility requirements are specified in §200.1 of the Serna Guidelines.

Local Public Entity or Locality- Any county, city, city and county, Tribal Entity, a community redevelopment agency, or successor agency organized pursuant to Part 1 (commencing with §33000) of Division 24, or housing authority organized pursuant to Part 2 (commencing with §34200) of Division 24, and any instrumentality thereof, which is authorized to engage in or assist in the development or operation of housing for persons and families of Low-Income. It also includes two or more Local Public Entities acting jointly.

Local Program- Either a First Time Homebuyer Mortgage Assistance, Owner-Occupied Rehabilitation, Self-Help Technical Assistance, Serna Acquisition of Manufactured Housing Activity, CalHome ADU/JADU, or CalHome Shared Housing Program operated by a Local Public Entity or Nonprofit Corporation.

Lower-Income or Low-Income- The same meaning as defined in §50079.5 of the H.S.C. or another definition if one is provided in a given NOFA for Program funding. In the case of Eligible Activities located within Indian Country, lower-income or low-income shall be determined in accordance with 25 U.S.C. §4103.

Manufactured Home Community- The same meaning as Mobilehome Park as defined in H.S.C. §18214.

Manufactured Housing or Manufactured Home- Pursuant to H.S.C. §18007, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=18007.&la wCode=HSC means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or March 17, 2025 CC Regular Mtg Page 271 of 394
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more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following). A Manufactured Home can be in a rental Mobilehome Park, on leased land, or on property owned by the occupant. In these Guidelines, with respect to Manufactured Housing not installed on a permanent foundation, terms that typically apply to conventionally constructed housing or to Loans secured by real property shall be given the appropriate analogous meaning used in the Manufactured Housing industry. For example, rather than holding fee title to the property, a Manufactured Homeowner is listed as the registered owner on the certificate of title issued by the Department.

Maximum Sales Price/Value Limit- The maximum allowable sales price, or the maximum After-Rehabilitation Value of a home assisted with a Program Loan.

Mobilehome- Pursuant to H.S.C. §18008 means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Mobilehome” includes any structure that meets all the requirements of this paragraph and complies with the state standards for Mobilehomes in effect at the time of construction. “Mobilehome” does not include a commercial modular, as defined in H.S.C. §18001.8, factory-built housing, as defined in H.S.C. §19971, a Manufactured Home, as defined in H.S.C. §18007, a multifamily Manufactured Home, as defined in H.S.C. §18008.7, or a recreational vehicle, as defined in H.S.C. §18010.

Notwithstanding any other provision of law, if a codified provision of state law uses the term “Mobilehome,” and it clearly appears from the context that the term “Mobilehome” should apply only to Mobilehomes, as defined under subdivision (a), the codified provision shall apply only to those Mobilehomes. If any codified provision of state law, by its context, requires that the term applies to Mobilehomes or Manufactured Homes without regard to the date of construction, the codified provision shall apply to both Mobilehomes, as defined under subdivision (a), and Manufactured Homes, as defined under H.S.C. §18007.

Mobilehome Park- The same as defined in H.S.C. §18214.

Moderate-Income Household- The same as defined in H.S.C., §50093, or another definition if one is provided in a given NOFA for CalHome funding.

Monitoring Agreement- The contract entered into between the Department and a Recipient that allows for the long-term monitoring of Award for compliance with Program Guidelines.

Mortgage- A deed of trust which is used to secure a lien on real property or, in the case of Manufactured Housing, a security instrument sufficient to legally perfect a security interest in the home.

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Mortgage Assistance- Permanent financing used towards homebuyer costs, up to a maximum limit as specified in the current NOFA.

Mortgage Assistance Program- Shall consist of providing Mortgage Assistance Loans to Households at or below 80 percent of AMI or to Households below 120 percent of AMI who were victims of a disaster (in compliance with Health and Safety Code, §50650, subdivision a(3)).

Multifamily Housing- A structure or facility established primarily to provide housing that provides four or more living Units, in which ultimately Agricultural Households hold title to individual Units.

Mutual Housing- A multi-Unit Homeownership Development that allows each resident a vested financial interest that has a determinable market value, is divisible and gives the owner an exclusive right to occupy a designated Unit for an indefinite period.

NOFA- Notice of Funding Availability issued by the Department to announce that funds are available and that applications for that funding may be submitted.

Nonprofit- The same as "Nonprofit Corporation" defined in H.S.C. §50091.

Onsite Improvements- encompasses the term “site improvements”, as that term is used in California Health & Safety Code §50650.3(c)(1) and elsewhere in these Guidelines, and means improvements related to eligible Homeownership Development Projects where such improvements are: (a) located within the boundaries of the subdivision (or individual parcels for scattered site developments), and; (b) are intended for public dedication. Examples of Onsite Improvements include streets, sidewalks, utility connections, sewer lines, water lines, and flood and drainage systems, which are located within the boundaries of the subdivision (or individual parcels for scattered site developments), and intended for public dedication, but in all cases the term Onsite Improvements does not include unit construction.

Owner-Occupied- Real estate in which the person who owns the property also uses the home as their primary residence.

Owner-Occupied Rehabilitation Program- Owner-Occupied Rehabilitation Assistance (OOR) shall consist of loans to Households at or below 80 percent of AMI or at or below 120 percent of AMI for Households who were victims of disaster. Manufactured Housing is eligible, including replacement of a manufactured home pursuant to Guidelines §403.2, subdivision (e), whether located in Mobilehome Park or elsewhere. The repair, full reconstruction, or the addition of an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) is also eligible.

Permanent Foundation – Pursuant to H.S.C. §18551(a), a Manufactured Home shall be considered on a permanent foundation when the Manufactured Home is installed on a Foundation System as a fixture or improvement to the underlying real property, and the Manufactured Home attachment as a fixture or improvement to the underlying real property is inspected, approved by a building official, and the HCD form 433A is recorded with the county where the land is located.

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Permit to Operate –A “Permit to Operate” a mobilehome issued by the Mobilehome Parks Program of the Division of Codes and Standards of the California Department of Housing and Community Development.

Person With a Disability- An individual with a physical or mental impairment that limits one or more major life activities as defined by the California Fair Employment and Housing Act (FEHA) and other disability rights statutes (GC §12955.3, GC §12926(m), and GC §12926(j)).

Predevelopment Costs- The costs directly related to Program eligible housing development, including ADUs and JADUs. Predevelopment Costs may include, but are not limited to, the costs of, or the costs associated with, land purchase or options to buy land; professional services such as architectural, engineering, or legal services; permit or application fees; bonding; site preparation; related water or sewer development; or material expenses.

Predevelopment Work – Includes grading, site preparation (with the exception of demolition or clearing of property), and/or site improvements intended for public dedication.

Principal- Employees of the Applicant who are in a position responsible for the oversight and management of development activities.

Program– in the CalHome Guidelines, the term ‘Program” is defined as the CalHome Program.

Program- in the Serna Guidelines, the term ‘Program’ is defined as the Joe Serna, Jr.

Farmworker Housing Grant Program.

Project- An eligible Activity that is a specific, singular endeavor to deliver a tangible output, such as a housing development, as opposed to a Program, which is a combination of activities and is delivered as a single package, such as a Mortgage Assistance Program.

Recipient- An eligible Applicant that has applied or has received approval for an Award of funds from the fund. The term "Recipient" shall include successors in interest and assignees of a Recipient.

Reconstruction - The rebuilding of a structure on the same site in substantially the same manner. Reconstruction is a form of Rehabilitation. The number of dwelling units on a site may not be increased but the number of rooms per unit may be increased or decreased. In the case of a disaster, as defined in H.S.C. §50650.3, replacement of a Manufactured Home pursuant to Guidelines §403.2, subdivision (e) is permitted on a different site if the original damaged unit was on leased land and the owner of the Manufactured Home must relocate to a new property. In the case of a disaster, as defined in H.S.C. §50650.3, HCD may, at its sole discretion and on a case-by-case basis, allow reconstruction of a Stick-Built Home on a different site under limited circumstances (for example, if rebuilding on the same site is infeasible or cost prohibitive due to extensive infrastructure damage, or if the new site is in an area with substantially lower disaster risk than the existing site).

Rehabilitation- In addition to the definition from H.S.C. §50096 and §50097, it can also have March 17, 2025 CC Regular Mtg Page 274 of 394
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the following meanings:
(a) Repairs and improvements to a Manufactured Home necessary to correct any condition causing the home to be substandard.
(b) Installation of a permanent foundation on a Manufactured Home that is OwnerOccupied as a principal place of residence, such that the Manufactured Home is assessed as real property and valued in the same manner as a conventional home. (c) Reconstruction.
(d) Construction, repair, reconstruction, or Rehabilitation of an ADU or a JADU. (e) Conversion of an existing space to add an ADU or a JADU. (f) Room additions to prevent overcrowding.
(g) Repairs and improvements which are necessary to meet any locally adopted standards used in local Rehabilitation; and
(h) Modifications, alterations, and additions necessary to improve accessibility and usability for persons with disabilities who reside in or regularly visit them.

Rehabilitation includes costs incurred for implementing resiliency mitigation measures identified in the Hazard Mitigation Plan or the Safely Element of the General Plan adopted by the jurisdiction in which the Program will be offered.

Rehabilitation does not include replacement of personal property.

Reuse Account- An account established pursuant to §207 of these Guidelines.

Rural Area- The same as defined in H.S.C. §50199.21.

RD or Rural Development- The United States Department of Agriculture acting through the Rural Housing Service, formerly known as the Farmers Home Administration.

Seeker- A person who desires to be placed as a tenant in a home that is Owner-Occupied.

Self-Help Construction- Owner building as defined in H.S.C., §50692 and may include Mutual Self-Help Housing as defined in H.S.C., §50692(b).

Self-Help Technical Assistance- Conducting and administrating a Project of technical or supervisory assistance, which will aid Eligible Households in carrying out owner-builder housing efforts.

Shared Housing- A Local Program designed to preserve Homeownership by matching a Homeowner Provider with a Seeker.

Shared Housing Match- A Seeker who has been successfully placed as a tenant into the residence of a Homeowner Provider.

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Shared Housing Technical Assistance- The provision of services required to match a Homeowner Provider with a Seeker.

Standard Agreement- The contract entered into between the Department and a Recipient pursuant to §600 of these Guidelines.

Stick-Built Home- A non-manufactured home, constructed entirely (or largely) on-site, using wood for the superstructure of the walls and roof.

Sponsor- This term is only applicable for Homeownership Development Project Loans. A Sponsor is an entity that constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, Affordable housing.

TCAC/HCD Opportunity Area Map- The map or maps approved periodically by the California Tax Credit Allocation Committee (TCAC) as the TCAC/HCD Opportunity Area Map.

Tribal Entity- Any of the following:
(a) An Indian Tribe as defined under United States Code (USC) §4103(13)(B) of Title 25. (b) A Tribally Designated Housing Entity under 25 USC §4103(22). (c) An Applicant that:
(1) is an Indian Tribe listed in the Bureau of Indian Affairs Office of Federal Acknowledgment Petitioner List, pursuant to CFR §83.1 et. seq. of Title 25 or an Indian Tribe located in California that is on the contact list maintained by the State of California Native American Heritage Commission for the purposes of consultation pursuant to GC §65352.3; and
(2) has organized a separate legal entity, either a non-profit or for-profit entity, in compliance with CCR tit. 25, §8301(s) and it is demonstrated to the satisfaction of the Department that the separate legal entity is controlled by the Tribal Entity Applicant.

Tribal Households or Tribal Household - means a Household that includes at least one (1) member of either of the following: an Indian Tribe as defined under 25 USC §4103(13)(B) or a non-federally recognized tribe that meets the requirements of a Tribal Entity, as defined herein.

Very Low-Income Household- The same as defined in §50105 of the H.S.C. or another definition if one is provided in a given NOFA for CalHome funding.

Volunteer Labor- Skilled or unskilled construction labor provided without remuneration.

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APPENDIX B- Tribal Eligibility
A. A Tribal Entity may qualify for CalHome Program funds if their Project meets the following requirements:
(a) Projects are located in Indian Country or on fee land within the State of California AND;
(b) The Applicant meets the following conditions of Award funding to the extent applicable, and, subject to any modifications or waivers as provided for in H.S.C. §50406, subdivision (p) (Assembly Bill 1010 (Chapter 660, Statutes of 2019) that shall be set forth in a Standard Agreement. It is noted that these same conditions do not need to be satisfied initially to engage in the competitive Award process:
(1) BIA Approval. To the extent required by applicable law, the Bureau of Indian Affairs (BIA) has approved the Applicant’s execution and recordation (as applicable) of all Department-required documents that are subject to 25 CFR Part 152 or 25 CFR Part 162, prior to award disbursement. (2) Title Insurance. The Department has received title insurance for the property underlying the Project that is satisfactory to the Department. Notwithstanding the foregoing sentence, upon a showing of good cause, for Applicants unable to provide a conventional title insurance policy satisfactory to the Department, this condition may be satisfied by a TSR issued by the BIA Land Title and Records Office or pursuant to a title opinion letter issued for the benefit of the Department but paid for by the Applicant. An uncertified title status report issued by the BIA will be acceptable to the Department while the Tribal Entity Applicant’s application is pending, provided a certified title status report or title opinion letter must be provided before award disbursement. (3) Recordation Requirements. Where recordation of instruments is a condition of Award funding or otherwise required under or pursuant to the Standard Agreement, the subject instrument is recorded if recorded with the Land Titles and Records Office at the BIA or in the appropriate official records of the county in which the Project is located, as may be applicable. (4) Fee Security Required. For all Projects, except those located on trust or restricted lands within Indian Country, fee security shall be required, unless the terms allowing leasehold security are satisfied as set forth in Title 25 CCR 8316. If a Department Loan/Grant is recorded on fee land, then there must be a restriction preventing that land being put into trust until the Department Loan/Grant term is complete.

B. Per the Director’s Memo and LWSI Omnibus Amendment, the Department has removed the Limited Waiver of Sovereign Immunity (LWSI) requirement from this housing program, making it easier for Tribes to access critical housing resources. In addition, AB 1878 prohibits the Department from requiring a waiver for this program to the extent that not requiring such a waiver is not in conflict with March 17, 2025 CC Regular Mtg Page 277 of 394
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applicable law.

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AGENDA REPORT
COMMUNITY DEVELOPMENT DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1227 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erika Ramirez, Director of Community Development
Date: March 17, 2025
Subject: Consideration to Adopt an Ordinance Approving Amendments to the San Fernando Municipal Code Adopting by Reference the 2023 Edition City of Los Angeles Building and Fire Codes and Setting a Date for Public Hearing RECOMMENDATION:

It is recommended that the City Council:
a. Approve introduction of a first reading, in title only, and waive further reading of Ordinance No. 1733, (Attachment “A”), “An Ordinance of the City of San Fernando, California, amending Articles I, II, III, IV, V, IX, and X of Chapter 18 of the San Fernando Municipal Code adopting by reference Division II of Chapter 1 of the 2022 Edition of the California Building Code, which is codified in Part 2 of Title 24 of The California Code of Regulations; the 2023 Edition of the City of Los Angeles Building Code, as in effect December 23, 2022; the 2023 Edition of the City of Los Angeles Electrical Code, as in effect December 23, 2022; the 2023 Edition of the City of Los Angeles Mechanical Code, as in effect December 23, 2022; the 2023 Edition of the City of Los Angeles Plumbing Code, as in effect December 23, 2022; the 2023 Edition of the City of Los Angeles Residential Code, as in effect December 23, 2022; and the 2023 Edition of the City Of Los Angeles Green Building Code, as in effect December 23, 2022, which are codified in Articles 1, 1.5, 3, 4, 5 and 9 of Chapter IX of The City of Los Angeles Municipal Code, including appendices, amendments, additions, and deletions thereto; amending Article II of Chapter 38 of the San Fernando Municipal Code, adopting by reference the City of Los Angeles Fire Code, as in effect October 4, 2023, which is codified in Article 7 of Chapter V of The City of Los Angeles Municipal Code, including appendices, amendments, additions and deletions thereto”; and
b. Direct staff to provide for notice of Public Hearing on the proposed adoption of Ordinance No. 1733 at the April 21, 2025 regular City Council meeting.

BACKGROUND:

1. The City of San Fernando adopts, by reference, the City of Los Angeles’s Building and Fire Codes, which is one of the requirements of the City’s fire suppression service contract with the Los Angeles Fire Department.

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2. On June 4, 2012, the City Council adopted the 2008 Edition of the City of Los Angeles Elevator Safety Orders of Title 8 and the 2007 Edition of Part 7 of Title 24 of the California Code of Regulations as part of its elevator code. The Elevator Code has not changed since that time.

3. On October 15, 2018, the City Council adopted the 2016 Edition of California Building Code with the City of Los Angeles’s amendments.

4. On March 21, 2022, the City Council adopted the 2019 Edition of California Building Code with the City of Los Angeles’s amendments.

5. On July 1, 2022, the California Building Standards Commission published the new California Building Standards Code, which became effective for all cities on January 1, 2023.

6. On December 6, 2022, the City of Los Angeles adopted by reference certain portions of the 2021 International Building Code and the 2022 California Building Code, with local amendments (City of Los Angeles Ordinance No. 187719) (Attachment “B”), which became effective on December 23, 2022, and included adopting the following codes:
a. Building Code
b. Electrical Code
c. Plumbing Code
d. Mechanical Code
e. Green Building Code
f. Residential Code

7. On September 5, 2023, the City of Los Angeles adopted the 2022 California Fire Code, with local amendments (City of Los Angeles Ordinance No. 187994) (Attachment “C”), which became effective on October 4, 2023.

ANALYSIS:

A building code establishes minimum standards for the design, construction, and maintenance of physical buildings to ensure the safety, health, and welfare of the public. Building codes regulate aspects such as structural integrity, fire safety, accessibility, energy efficiency, and sanitation to protect occupants and the community from hazards. By providing clear guidelines for builders, contractors, architects, and engineers, building codes help create safe and resilient structures while also supporting orderly development and compliance with community planning goals.

In California, the California Building Standards Commission (the CBSC) is responsible for developing building codes used for the construction of buildings within the State. The March 17, 2025 CC Regular Mtg Page 282 of 394
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International Building Code is the uniform code referenced and adopted by California.

Approximately every three (3) years, a new version of the International Building Code is published by the International Code Council (ICC). The CSBC makes amendments to the International Building Code and publishes the California Building Codes.

The California Building Codes are required to be adopted by every city within the State. Pursuant to Health & Safety Code Sections 17958.5 and 18941.5, any city may establish more restrictive building standards than those in the California Building Codes if a city finds that the more stringent standard or “local amendment” is necessary because of local climatic, geological, or topographical conditions. If a city fails to adopt its own more restrictive standards, the codes published by the state become the city’s codes.

Through the Fire and Emergency Services Agreement with the City of Los Angeles Fire Department (LAFD), the City obtains certain fire plan check services and fire inspection services and is required to adopt the Los Angeles Fire Code and building regulations, including the Los Angeles Building, Residential, Elevator, Electrical, Plumbing, Mechanical and Green Building Codes.

The Proposed Ordinance has been prepared to adopt by reference the following:

1. Division II of Chapter 1 of the California Building Code as the City’s administrative code;

2. The 2022 Edition of the California Building, Residential, Electrical, Mechanical, Plumbing and Green Building Standards Codes, with local City of Los Angeles amendments; and

3. The 2022 Edition of the California Fire Code, with local City of Los Angeles amendments.

Adoption of Division II of Chapter 1 of the California Building Code as the City’s Administrative Code.

The City’s administrative code governs the administration and enforcement, including inspections and permits, of the City’s building, electrical, mechanical, plumbing, housing and dangerous buildings codes. To improve the effectiveness with which the City administers its building regulations, staff is proposing to adopt by reference the administrative provisions of the 2022 Edition of the California Building Code (Division II of Chapter 1) as the City’s administrative code with no local City of Los Angeles amendments. Chapter 1, Div. II is not adopted by the State Building Standards Commission as part of the State’s Code and is therefore up to the City to adopt.

Adoption of the 2022 Editions of the California Building, Residential, Electrical, Mechanical, Plumbing and Green Building Standards Codes, with Local City of Los Angeles Amendments.

The City obtains fire plan check and inspection services from the Los Angeles Fire Department.

As part of the City’s services agreement with Los Angeles, the City is required to adopt Los March 17, 2025 CC Regular Mtg Page 283 of 394
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Angeles’s building regulations, including Los Angeles’s building, residential, elevator, electrical, plumbing, mechanical and green building codes. Consequently, the City is required to adopt the latest editions of the California Building Standards Codes with the City of Los Angeles’s amendments.

Los Angeles has made a variety of amendments to the California Building, Residential, Electrical, Mechanical, Plumbing and Green Building Standards Codes as authorized by state law. The City has, in turn, routinely adopted Los Angeles’s amendments to the California Building Standards Codes. This process is being followed again this year. Please note that the City of Los Angeles’s Elevator Code, which the City previously adopted, has not since been amended by City of Los Angeles, and thus no new adoption is necessary at this time.

Some of the more notable provisions of the City of Los Angeles’s Amendments address structural provisions for:
• Seismic design and anchorage of components
• Seismic loads requirements for occupancy change for existing buildings • Structural observation for structures
• Concrete design
• Flood hazard area design
Adoption of City of Los Angeles Fire Code.

The City currently contracts with LAFD for Fire Protection and Emergency Medical Services. Per this Agreement, the City is required to adopt the City Los Angeles building codes inclusive of any updates of Los Angeles Fire Code. The City has historically adopted the City of Los Angeles Codes with Los Angeles’ local amendments in order to establish a uniformity of standards. This serves to minimize conflict and confusion in addressing the community’s needs including, but not limited to, fire plan check review, fire inspections, and fire suppression services.

The City’s Fire Code provides amendments consistent with how the Los Angeles Fire Department enforces site design, site access, smoke control provisions, water availability and building access.

Some of the notable Fire Code categories of amendments are:
• Mobile food prep vehicles requirement is removed from the code • Storage of lithium batteries requirements
• Penetration and voids amendments
• Fire alarm and detection system requirements
• Automatic sprinkler system amendments
• Fire-resistance-rated construction amendments
Adoption Process.

Government Code Section 50022.1, et seq., authorizes the adoption by reference of the codes specified in this ordinance. When adopting a code by reference, State law requires that the City March 17, 2025 CC Regular Mtg Page 284 of 394
Consideration to Adopt an Ordinance Approving Amendments to the San Fernando Municipal Code Adopting by Reference the 2023 Edition City of Los Angeles Building and Fire Codes and Setting a Date for Public Hearing

Page 5 of 5 ends

Council schedule a Public Hearing after first reading of the ordinance. The Public Hearing can occur in conjunction with the second reading of the ordinance. Pursuant to Government Code Section 50022.3, the notice of the Public Hearing must be published once a week for two (2) successive weeks, with at least five days intervening between the respective publications dates.

In addition, the City Clerk is required to keep on file a copy of the codes to be adopted by reference for at least 15 days before the Public Hearing. As required for an ordinance that adopts other codes by reference, staff recommends that the City Council set the Public Hearing for this item to occur for second reading and adoption of the proposed Ordinance at the regular City Council meeting on April 21, 2025.

Environmental Review.

The California Environmental Quality Act (CEQA) does not apply to continuing administrative activities or organizational activities of government that will not result in specific direct or indirect physical changes in the environment, or to the creation of government funding mechanisms or other governmental fiscal activities that do not result in potential environmental impacts. Public Resources Code Section 21065 and State CEQA Guidelines Sections 15378(b)(2) and (b)(5). The draft ordinance makes various technical changes to the existing regulations in the form of local administrative, climate, geologic or topographical changes. On that basis, the draft ordinance is not subject to CEQA.

BUDGET IMPACT:

Preparation of the proposed Ordinance for amendment of the City’s codes are included in the annual work program for the Community Development Department and City Manager’s Office, respectively. Therefore, funding for both efforts is included in the Fiscal Year 2024-2025 Adopted Budget.

CONCLUSION:

It is recommended that the City Council approve introduction of a first reading, in title only, and waive further reading of Ordinance No. 1733; and direct staff to provide for notice of a public hearing on the proposed adoption at the April 21, 2025 regular City Council meeting.

ATTACHMENTS:

A. Ordinance No. 1733
B. Los Angeles Ordinance for Building Code Adoption 2023 (provided digitally through weblink) C. Los Angeles Ordinance for Fire Code Adoption 2023 (provided digitally through weblink) D. Los Angeles Building Code
E. Los Angeles Fire Code
March 17, 2025 CC Regular Mtg Page 285 of 394
ATTACHMENT “A”
ORDINANCE NO. 1733

AN ORDINANCE OF THE CITY OF SAN FERNANDO, CALIFORNIA,
AMENDING ARTICLES I, II, III, IV, V, IX, AND X OF CHAPTER 18 OF THE SAN

FERNANDO MUNICIPAL CODE ADOPTING BY REFERENCE DIVISION II OF CHAPTER 1 OF THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, WHICH IS CODIFIED IN PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS; THE 2023 EDITION OF THE CITY OF LOS ANGELES BUILDING CODE, AS IN EFFECT DECEMBER 23, 2022; THE 2023 EDITION

OF THE CITY OF LOS ANGELES ELECTRICAL CODE, AS IN EFFECT DECEMBER 23, 2022; THE 2023 EDITION OF THE CITY OF LOS ANGELES MECHANICAL CODE, AS IN EFFECT DECEMBER 23, 2022; THE 2023

EDITION OF THE CITY OF LOS ANGELES PLUMBING CODE, AS IN EFFECT DECEMBER 23, 2022; THE 2023 EDITION OF THE CITY OF LOS ANGELES RESIDENTIAL CODE, AS IN EFFECT DECEMBER 23, 2022; AND THE 2023

EDITION OF THE CITY OF LOS ANGELES GREEN BUILDING CODE, AS IN EFFECT DECEMBER 23, 2022, WHICH ARE CODIFIED IN ARTICLES 1, 1.5, 3, 4, 5 AND 9 OF CHAPTER IX OF THE CITY OF LOS ANGELES MUNICIPAL

CODE, INCLUDING APPENDICES, AMENDMENTS, ADDITIONS, AND
DELETIONS THERETO; AMENDING ARTICLE II OF CHAPTER 38 OF THE SAN

FERNANDO MUNICIPAL CODE, ADOPTING BY REFERENCE THE CITY OF LOS ANGELES FIRE CODE, AS IN EFFECT OCTOBER 04, 2023, WHICH IS CODIFIED IN ARTICLE 7 OF CHAPTER V OF THE CITY OF LOS ANGELES

MUNICIPAL CODE, INCLUDING APPENDICES, AMENDMENTS, ADDITIONS

AND DELETIONS THERETO
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the adoption by reference of the Codes specified in the title of the Ordinance; and WHEREAS, at least one (1) copy of each of said Codes certified as full, true and correct by the City Clerk of the City of San Fernando (“City”) have been filed in the Office of the City Clerk in and posted electronically on the City’s website accordance with the provisions of Government Code Section 50022.6; and
WHEREAS, California Health & Safety Code Sections 17958.5 and 18941.5 authorize cities and counties to make changes or modifications in the requirements contained in the provisions published in the California Building Standards Code and the other regulations adopted pursuant to Section 17922, as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, except as noted below, the City desires to adopt by reference Division II of Chapter 1 of the 2022 edition of the California Building Code, which is codified in Part 2 of Title 24 of the California Code of Regulations; the 2023 edition of the City of Los Angeles Building Code, March 17, 2025 CC Regular Mtg Page 286 of 394
ORD. NO. 1733
2 the 2023 edition of the City of Los Angeles Electrical Code, the 2023 edition of the City of Los Angeles Mechanical Code, the 2023 edition of the City of Los Angeles Plumbing Code, the 2023 edition of the City of Los Angeles Residential Code, the 2023 edition of the City of Los Angeles Green Building Code, including appendices, amendments, additions and deletions thereto; and the City of Los Angeles Fire Code, including appendices, amendments, additions and deletions thereto, subject to amendments that are reasonably necessary because of local climatic, geologic and/or topographic conditions; and
WHEREAS, no additional findings of reasonable necessity on the basis of local climatic, geologic or topographic conditions are necessary for the City’s amendments to Codes specified in the title of the Ordinance because the proposed amendments to said Codes are for administrative clarification, and do not modify a building standard pursuant to California Health & Safety Code Sections 17958.5 and 18941.5; and
WHEREAS, a duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066; and
WHEREAS, all legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY ORDAIN AS FOLLOWS:

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

SECTION 2. Section 18-1 (“Adoption of Administrative Code”) of Article I (“In General”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-1. Adoption of Administrative Code.
(a) Division II of Chapter 1 of the California Building Code, 2022 Edition (Part 2 of Title 24 of the California Code of Regulations), based on the 2021 International Building Code as published by the International Code Council, is adopted by reference, and may be referred to as the “administrative code” of the City, subject to the amendments set forth in this article. The administrative code shall govern the administration and enforcement, including inspections and permits, of the codes adopted in this chapter. One copy of Division II of Chapter 1 of the 2022 edition of the California Building Code has been deposited in the Office of the City Clerk and shall at all times be maintained in the City Clerk’s office for use and examination by the public.

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3 (b) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the administrative code. It shall also be unlawful for any person to construct, alter, move, enlarge, replace, repair, equip, use, occupy, locate, maintain, remove or demolish any building or structure in the City, or any appurtenances connected or attached to such buildings or structures, or cause the same to be done, contrary to or in violation of any provision of the administrative code.” SECTION 3. Section 18-2 (“Administrative Code amended”) of Article I (“In General”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-2. Administrative code amended.
(a) Notwithstanding the provisions of section 18-1, section 103.1 of the 2022 edition of the California Building Code (“Creation of Enforcement Agency”) is amended to read:
103.1 Creation of enforcement agency. The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the Building Official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(b) Notwithstanding the provisions of section 18-1, Exemption No. 2 to section 105.2 of the 2022 edition of the California Building Code (“Work exempt from permit”) is deleted. (c) Notwithstanding the provisions of section 18-1, Exemption No. 9 to section 105.2 of the 2022 edition of the California Building Code (“Work exempt from permit”) is amended to read:

9. Prefabricated swimming pool accessory to a Group R-3 occupancy that are less than 18 inches (457 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.
(d) Notwithstanding the provisions of section 18-1, Exemption No. 14 to section 105.2 of the 2022 edition of the California Building Code (“Work exempt from permit”) is added to read:

14. Decks not exceeding 200 square feet (18.58 m2) in area that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by the 2022 edition of the California Residential Code Section R311.4.
(e) Notwithstanding the provisions of section 18-1, section 113.1 of the 2022 edition of the California Building Code (“General”) is amended to read:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the building, March 17, 2025 CC Regular Mtg Page 288 of 394
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4 residential building, electrical, mechanical, plumbing and green building codes, there shall be and is hereby created a board of appeals. The board of appeals shall be the City Council of the City”
SECTION 4. Section 18-31 (“Adoption of the City of Los Angeles Building Code”) of Article II (“Building Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-31. Adoption of the City of Los Angeles Building Code. (a) The 2023 edition of the City of Los Angeles Building Code, excluding Sections 91.102-

91.113, as amended, and in effect December 23, 2022, which code adopts and amends the 2021 International Building Code and the 2022 edition of the California Building Code, is adopted by reference, and shall be referred to as the “building code” of the City, subject to the amendments set forth in this article.
(b) In the event of any conflict between provisions of the 2022 edition of the California Building Code, the 2023 edition of the City of Los Angeles Building Code, as amended, and in effect December 23, 2022, or any amendment to the building code contained in this Code, the provision contained in the later listed document shall control. (c) One copy of the 2023 edition of the City of Los Angeles Building Code, as amended and in effect December 23 2022, has been deposited in the Office of the City Clerk and shall at all times be maintained in the City Clerk’s office for use and examination by the public. (d) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the building code. It shall also be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provision of the building code adopted in this chapter, as such codes may be amended from time to time.”
SECTION 5. Section 18-32 (“References”) of Article II (“Building Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-32. References.
(a) All references to “Board” contained in the building code shall mean and refer to the City Council of the City of San Fernando.
(b) All references to “Building Official” contained in the building code shall mean and refer to the Community Development Director, or his or her designee. (c) All references to “California Building Code” (CBC) contained in the building code shall mean and refer to the 2022 edition of the California Building Code.

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5 (d) All references to “Chief of the Fire Department” contained in the building code shall mean and refer to the Community Development Director, or his or her designee. (e) All references to “City” contained in the building code shall mean and refer to the City of San Fernando.
(f) All references to “City Council” contained in the building code shall mean and refer to the City Council of the City of San Fernando.
(g) All references to “Department” contained in the building code shall mean and refer to the Community Development Department.
(h) All references to “Superintendent of Building” contained in the building code shall mean and refer to the Community Development Director, or his or her designee.” SECTION 6. Section 18-34 (“Building code fees”) of Article II (“Building Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-34. Building code fees.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Building Code, as amended, and in effect December 23, 2022, all fees required for permits issued pursuant to the building code shall be those fees established by resolution of the City Council.” SECTION 7. Section 18-35 (“Appeals”) of Article II (“Building Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-35. Appeals.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Building Code, as amended, and in effect December 23, 2022, all appeals or requests for modifications in individual cases from the requirements of the building code shall be made in accordance with the procedure established by resolution of the City Council.” SECTION 8. Section 18-61 (“Adoption of the City of Los Angeles Electrical Code”) of Article III (“Electrical Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-61. Adoption of the City of Los Angeles Electrical Code. (a) The 2023 edition of the City of Los Angeles Electrical Code, as amended and in effect on December 23, 2022, which code incorporates and amends the 2022 edition of the California Electrical Code, is adopted by reference, and may be referred to as the “electrical code” of the City, subject to the amendments set forth in this article.

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6 (b) In the event of any conflict between provisions of the 2022 edition of the California Electrical Code, the 2023 edition of the City of Los Angeles Electrical Code, as amended and in effect on December 23, 2022, or any amendment to the electrical code contained in this Code, the provision contained in the later listed document shall control. (c) One copy of the 2023 edition of the City of Los Angeles Electrical Code, as amended, has been deposited in the Office of the City Clerk and shall at all times be maintained in the City Clerk’s office for use and examination by the public. (d) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the electrical code. It shall also be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provision of the electrical code adopted in this chapter, as such codes may be amended from time to time.”
SECTION 9. Section 18-62 (“References”) of Article III (“Electrical Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-62. References.
(a) All references to “Building Official” contained in the electrical code shall mean and refer to the Building Official of the City.
(b) All references to “City Council” contained in the electrical code shall mean and refer to the City Council of the City.”
SECTION 10. Section 18-64 (“Electrical code fees”) of Article III (“Electrical Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-64. Electrical code fees.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Electrical Code, as amended and in effect on December 23, 2022, all fees required for permits issued pursuant to the electrical code shall be those fees established by resolution of the City Council.” SECTION 11. Section 18-65 (“Appeals”) of Article III (“Electrical Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-65. Appeals.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Electrical Code, as amended and in effect on December 23, 2022, all appeals or requests for modifications in March 17, 2025 CC Regular Mtg Page 291 of 394
ORD. NO. 1733
7 individual cases from the requirements of the electrical code shall be made in accordance with the procedure established by resolution of the City Council.” SECTION 12. Section 18-91 (“Adoption of the City of Los Angeles Mechanical Code”) of Article IV (“Mechanical Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-91. Adoption of the City of Los Angeles Mechanical Code. (a) The 2023 edition of the City of Los Angeles Mechanical Code, as amended and in effect on December 23, 2022, which code incorporates and amends the 2022 edition of the California Mechanical Code, is adopted by reference, and may be referred to as the “mechanical code” of the City, subject to the amendments set forth in this article. (b) In the event of any conflict between provisions of the 2022 edition of the California Mechanical Code, the 2023 edition of the City of Los Angeles Mechanical Code, as amended and in effect on December 23, 2022, or any amendment to the mechanical code contained in this Code, the provision contained in the later listed document shall control. (c) One copy of the 2023 edition of the City of Los Angeles Mechanical Code, as amended, has been deposited in the Office of the City Clerk and shall at all times be maintained in the City Clerk’s office for use and examination by the public. (d) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the mechanical code. It shall also be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provision of the mechanical code adopted in this chapter, as such codes may be amended from time to time.”
SECTION 13. Section 18-92 (“References”) of Article IV (“Mechanical Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-92. References.
(a) All references to “Building Official” contained in the mechanical code shall mean and refer to the Building Official of the City.
(b) All references to “City Council” contained in the mechanical code shall mean and refer to the City Council of the City.”
SECTION 14. Section 18-94 (“Mechanical code fees”) of Article IV (“Mechanical Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:

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ORD. NO. 1733
8 “Sec. 18-94. Mechanical code fees.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Mechanical Code, as amended and in effect on December 23, 2022, all fees required for permits issued pursuant to the mechanical code shall be those fees established by resolution of the City Council.” SECTION 15. Section 18-95 (“Appeals”) of Article IV (“Mechanical Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-95. Appeals.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Mechanical Code, as amended and in effect on December 23, 2022, all appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of the mechanical code shall be made in accordance with the procedure established by resolution of the City Council.”
SECTION 16. Section 18-121 (“Adoption of the City of Los Angeles Plumbing Code”) of Article V (“Plumbing Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-121. Adoption of the City of Los Angeles Plumbing Code. (a) The 2023 edition of the City of Los Angeles Plumbing Code, as amended and in effect on December 23, 2022, which code incorporates and amends the 2022 edition of the California Plumbing Code, is adopted by reference and may be referred to as the “plumbing code” of the City, subject to the amendments set forth in this article. (b) In the event of any conflict between provisions of the 2022 edition of the California Plumbing Code, the 2023 edition of the City of Los Angeles Plumbing Code, as amended and in effect on December 23, 2022, or any amendment to the plumbing code contained in this Code, the provision contained in the later listed document shall control. (c) One copy of the 2023 edition of the City of Los Angeles Plumbing Code, as amended, has been deposited in the office of the City Clerk and shall at all times be maintained in the City Clerk’s office for use and examination by the public. (d) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the plumbing code. It shall also be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provision of the plumbing code adopted in this chapter, as such codes may be amended from time to time.”
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9 SECTION 17. Section 18-122 (“References”) of Article V (“Plumbing Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-122. References.
(a) All references to “Building Official” contained in the plumbing code shall mean and refer to the Building Official of the City.
(b) All references to “City Council” contained in the plumbing code shall mean and refer to the City Council of the City.”
SECTION 18. Section 18-124 (“Plumbing code fees”) of Article V (“Plumbing Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-124. Plumbing code fees.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Plumbing Code, as amended and in effect on December 23, 2022, all fees required for permits issued pursuant to the plumbing code shall be those fees established by resolution of the City Council.” SECTION 19. Section 18-125 (“Appeals”) of Article V (“Plumbing Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-125. Appeals.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Plumbing Code, as amended and in effect on December 23, 2022, all appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of the plumbing code shall be made in accordance with the procedure established by resolution of the City Council.”
SECTION 20. Section 18-195 (“Adoption of the City of Los Angeles Residential Code”) of Article IX (“Residential Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-195. Adoption of the City of Los Angeles Residential Code. (a) The 2023 edition of the City of Los Angeles Residential Code, as amended and in effect December 23, 2022, which code incorporates and amends the 2021 International Residential Code and the 2022 edition of the California Residential Code, is adopted by reference, and may be referred to as the “residential code” of the City, subject to the amendments set forth in this article.

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10 (b) In the event of any conflict between provisions of the 2022 edition of the California Residential Code, the 2023 edition of the City of Los Angeles Residential Code, as amended and in effect December 23, 2022, or any amendment to the residential code contained in this Code, the provision contained in the later listed document shall control. (c) One copy of the 2023 edition of the City of Los Angeles Residential Code, as amended, has been deposited in the office of the City Clerk and shall at all times be maintained in the City Clerk’s office for use and examination by the public. (d) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the residential code. It shall also be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provision of the residential code adopted in this chapter, as such codes may be amended from time to time.”
SECTION 21. Section 18-196 (“References”) of Article IX (“Residential Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-196. References.
(a) All references to “Building Official” contained in the residential code shall mean and refer to the Building Official of the City.
(b) All references to “City Council” contained in the residential code shall mean and refer to the City Council of the City.”
SECTION 22. Section 18-198 (“Residential code fees”) of Article IX (“Residential Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-198. Residential code fees.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Residential Code, as amended and in effect December 23, 2022, all fees required for permits issued pursuant to the residential code shall be those fees established by resolution of the City Council.” SECTION 23. Section 18-199 (“Appeals”) of Article IX (“Residential Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:

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11 “Sec. 18-199. Appeals.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Residential Code, as amended and in effect December 23, 2022, all appeals or requests for modifications in individual cases from the requirements of the residential code shall be made in accordance with the procedure established by resolution of the City Council.” SECTION 24. Section 18-226 (“Adoption of the City of Los Angeles Green Building Code”) of Article X (“Green Building Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-226. Adoption of the City of Los Angeles Green Building Code. (a) The 2023 edition of the City of Los Angeles Green Building Code, as amended, and in effect December 23, 2022, which code incorporates and amends the 2022 edition of the California Green Building Standards Code, is adopted by reference, and may be referred to as the “green building code” of the City, subject to the amendments set forth in this article.
(b) In the event of any conflict between provisions of the 2022 edition of the California Green Building Standards Code, the 2023 edition of the City of Los Angeles Green Building Code, as amended, and in effect December 23, 2022, or any amendment to the green building code contained in this Code, the provision contained in the later listed document shall control.
(c) One copy of the 2023 edition of the City of Los Angeles Green Building Code, as amended, has been deposited in the office of the City Clerk and shall at all times be maintained in the City Clerk’s office for use and examination by the public. (d) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the green building code. It shall also be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provision of the green building code adopted in this chapter, as such codes may be amended from time to time.” SECTION 25. Section 18-227 (“References”) of Article X (“Green Building Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-227. References.
(a) All references to “Building Official” contained in the green building code shall mean and refer to the Building Official of the City.

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12 (b) All references to “City Council” contained in the green building code shall mean and refer to the City Council of the City.”
SECTION 26. Section 18-229 (“Green building code fees”) of Article X (“Green Building Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-229. Green building code fees.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Green Building Code, as amended, and in effect December 23, 2022, all fees required for permits issued pursuant to the green building code shall be those fees established by resolution of the City Council.” SECTION 27. Section 18-230 (“Appeals”) of Article X (“Green Building Code”) of Chapter 18 (“Buildings and Building Regulations”) of the San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 18-230. Appeals.

Notwithstanding the provisions of the 2023 edition of the City of Los Angeles Green Building Code, as amended, and in effect December 23, 2022, all appeals or requests for modifications in individual cases from the requirements of the green building code shall be made in accordance with the procedure established by resolution of the City Council.” SECTION 28. Section 38-26 of Article II (“Fire Prevention Code”) of Chapter 38 (“Fire Prevention and Protection”) of the City of San Fernando Municipal Code is hereby amended to read as follows:
“Sec. 38-26. Adoption of the City of Los Angeles Fire Code. (a) The 2023 edition of the City of Los Angeles Fire Code, excluding Chapter 1, as adopted by the Los Angeles City Council on September 5, 2023 and in effect October 4, 2023, which code incorporates and amends the 2022 edition of the California Fire Code and the 2021 edition of the International Fire Code, is adopted by reference and may be referred to as the “fire code” of the City, subject to the amendments set forth in this article. (b) In the event of any conflict between provisions of the 2022 edition of the California Fire Code, the 2021 edition of the International Fire Code, the 2023 edition of the City of Los Angeles Fire Code, as amended, and in effect October 4, 2023, or any amendment to the fire code contained in this Code, the provision contained in the later listed document shall control.
(c) One copy of the 2023 edition of the City of Los Angeles Fire Code, as amended, has been deposited in the office of the City Clerk and shall at all times be maintained in the City Clerk’s office for use and examination by the public.

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13 (d) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the fire code. It shall also be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provision of the fire code adopted in this chapter, as such codes may be amended from time to time.”
SECTION 29. All of the amendments to the 2022 edition of the California Building Code and Fire Code made by the City of Los Angeles in its 2023 edition of the City of Los Angeles Building Code, and adopted by the City of San Fernando in this Ordinance, are based on the findings made by the City of Los Angeles in Ordinance No. 187719 (Building) and 187994 (Fire) of the City Council of the City of Los Angeles, which is adopted by reference in this Ordinance, including, but not limited to, the findings that the amendments set forth in this Ordinance are reasonably necessary due to the following local climatic, geological and/or topographical conditions:

Climatic:

1. The City of San Fernando has climatic conditions which subject it to a mild winter to an extremely hot summer desert-like climate and hot, dry (Santa Ana) winds that make the temperature rise and the humidity drop, increasing the fire danger to all exposed combustible materials.

2. Widespread fires caused by either earthquakes or brush fires would limit the capabilities of the City of Los Angeles Fire Department to effectively respond to all the fires.

3. Quick response to fires by the City of Los Angeles Fire Department will reduce the amount of damage to buildings and increase the number of lives saved.

Geological:

1. The City of San Fernando is located in a high seismic activity zone, which is considered by experts to be the most seismically active of the four seismic zones in the world.

2. Seismic experts predict a massive earthquake on one of these faults within the next 30 years and several earthquakes similar in intensity to the Northridge Earthquake during the same period.

3. Massive earthquakes pose unusual and extraordinary stresses on buildings and structures requiring more stringent building regulations than would otherwise be required;

4. A major earthquake would break water lines making fire-fighting more difficult and would break gas lines and electric lines, making a high risk of fires breaking out in all areas of the City.

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ORD. NO. 1733
14 Topographical:

1. The City of San Fernando is situated in a coastal region of hills and mountains containing dry wild native brush and other native and non-native vegetation.

2. This region of flat land and hillside areas creates a natural basin, which has high strong winds alongside foothills and other areas of the City.

3. Widespread fires caused by either earthquakes or brush fires would impact the capabilities of the City of Los Angeles Fire Department to effectively respond to all the fires.

4. The highly concentrated area of buildings, traffic congestion and possible gridlock may jeopardize the quick response to fires by the City of Los Angeles Fire Department that could reduce the amount of damage to buildings and increase the number of lives saved.

The administrative code amendments to the 2022 California Building Code listed under SECTION 3, as detailed in the following tables:

Code
Section
Section
Amended
Section
Deleted
Section
Added
California Building Code
Local Amendment
Findings
103.1 X Creation of enforcement
agency
Admin
105.2.2 X Work Exempt from Permit,
Item 2 Geological
105.2.9 X Work Exempt from Permit,
Item 9 Geological
105.2.14 X Work Exempt from Permit,
Item 14 Admin
113.1 X Means of Appeals,
General Admin
All of the amendments to the 2022 edition of the California Building Code and Fire Code made by the City of Los Angeles in its 2023 edition of the City of Los Angeles Building and Fire Code, and adopted by the City of San Fernando in this Ordinance, are based on the findings made by the City of Los Angeles in Ordinance No. 187719 and 187994 of the City Council of the City of Los Angeles, which are adopted by reference in this Ordinance, including, but not limited to, the findings that the amendments set forth in this Ordinance are reasonably necessary due to the local climatic, geological and/or topographical conditions characterized by hot, dry summers and the high potential for seismic activity which make structures particularly vulnerable to rapidly spreading fires and structural damage.

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ORD. NO. 1733
15 SECTION 30. This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

SECTION 31. The adoption of this Ordinance or any amendment to any existing ordinance of this City shall not in any manner affect the prosecution for violations of ordinances committed prior to the effective date of this Ordinance.

SECTION 32. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that is would have passed each section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective.

SECTION 33. The Building Official is hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by California Health and Safety Code Section 17958.7.

SECTION 34. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law. This Ordinance shall become effective thirty (30) days after adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of San Fernando at a regular meeting held on this ___ day of _________ 2025.

Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:

Julia Fritz, City Clerk
APPROVED AS TO FORM:
____________________________________
Richard Padilla, City Attorney
March 17, 2025 CC Regular Mtg Page 300 of 394
ORD. NO. 1733
16 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 1733 which was introduced on March 17, 2025, and adopted by the City Council of the City of San Fernando, California at a regular meeting thereof held on the _____ day of __________, 2025 by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of __________, 2025.

Julia Fritz, City Clerk
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AGENDA REPORT
CITY CLERK DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1204 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erika Ramirez, Director of Community Development
Marina Khrustaleva, Associate Planner

Date: March 17, 2025
Subject: A Continued Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning the Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N. Brand Boulevard in the R-2/PD Zone
RECOMMENDATION:

It is recommended that the City Council:
a. Conduct a Public Hearing;
b. Pending public testimony, either:

1. Adopt Resolution 8365 (Attachment “A”) titled, “A Resolution of the City Council of the City of San Fernando, California, Approving an Appeal Filed by the Applicant, Midland Contractors, Inc., overturning the Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001, and issue a Certificate of Use to Allow the Development of a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Dwelling Structure that Includes Two Deed Restricted Affordable Units and with Two Detached Accessory Dwelling Units at 833 N. Brand Boulevard in the Multi-Family Dwelling/Precise Development Overlay Zone (R-2/PD);
OR

2. Deny the Appeal and affirm the Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001, and of issuing a Certificate of Use for the Development of a 3- Story, 10-Unit Townhouse Style Residential Multi-Family Dwelling Structure that Includes Two Deed Restricted Affordable Units and with Two Detached Accessory Dwelling Units at 833 N. Brand Boulevard in the Multi-Family Dwelling/Precise Development Overlay Zone (R-2/PD).

March 17, 2025 CC Regular Mtg Page 305 of 394
A Continued Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning he Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N. Brand Boulevard in the R-2/PD Zone

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San Fernando City CouncilMarch 17, 2025

San Fernando City Council
March 17, 2025