HomeMy WebLinkAboutR23-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Joint Public Hearing: Merged Area A - 2010
Merged, Amended and Restated Redevelopment
Plan and Program EIR (Central City North,
Southeast Industrial Park, Tri-City, South
Valle, Meadowbrook/Central City, Central City
South and Central City East Redevelopment
Project Areas)
DATE: November 30,2010
Svnopsis of Previous Commission/Council/Committee Action(s):
On April 19, 2010, the Community Development Commission of the City of San Bernardino ("Commission") adopted
Resolution No. CDC/2010-21: I) approving the Preliminary Report for the proposed 2010 Merged Plan and authorizing its
transmission to each affected taxing entity; and 2) referring the proposed 2010 Merged Plan to the Planning Commission of the
City of San Bernardino for its report and recommendation (Central City North, Southeast Industrial Park, Tri-City, South Valle,
Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas - "Merged Area A").
Recommended Motion(s):
Open Joint Public Hearing on EIR and Merged Area A
Close Joint Public Hearing
(Communitv Development CommissionlMavor and Common Council)
Resolution of the Community Development Commission of the City of San Bernardino certifying the final Program
Environmental Impact Report for the Merged, Amended and Restated Redevelopment Plan for the San Bernardino
merged Redevelopment Project Area A for the proposed merger of the Central City North, Southeast Industrial Park,
Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project
Areas; making findings pursuant to the California Environmental Quality Act; adopting a mitigation monitoring and
reporting program; and adopting a statement of overriding considerations
Contact Person(s):
Mike Trout
CCN, SEIP, TRI, SV, MCC, CCS and
CCE
Phone:
(909) 663-1044
Project Area(s):
Ward(s):
151 and 3rd
c:--
0' Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s)
Previously
Amount: $ Approved Source: Tax Increment
Budget Authority:
Supporting Data Attached:
Funding Requirements:
Signature:
Emil A:
Fiscal Review:
Lori P.
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Commission/Council Notes:
P:\AgendasIComm Dev CommissionlCDC 2010112-06-10 Merged Area A Joint Public Hearing SR Con't.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
Agenda Item Number: jlz 3
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program ErR
December 6, 2010
Synopsis of Previous Commission/Council/Committee Action(s):
On August 16,2010, the Community adopted Resolution No. CDC/201O-46 adopting the Report to
Mayor and Common Council ("Report") and transmitting the Report to the Mayor and Common
Council of the City of San Bernardino ("Common Council") for the proposed Merged Area A.
Additionally, the Commission adopted Resolution No. CDC/201O-47 setting a date and time,
October 4, 2010 at 4:30pm for a public hearing to consider the proposed 2010 Merged Plan for
Merged Area A and Certification of a Program Environmental Impact Report.
On August 16,2010, the Common Council adopted Resolution 2010-288 receiving the Report from
the Commission. Additionally, the Common Council adopted Resolution No. 2010-289 setting a
date and time, October 4, 2010, at 4:30pm for a public hearing to consider the proposed 2010
Merged Plan for Merged Area A.
On October 4, 2010, the Common Council and Commission continued the joint public hearing to
November 1,2010.
On November 1,2010, the Common Council and Commission continued the joint public hearing to
December 6, 2010.
P:\Agendas\Comm Dev Commission\CDC 2010\12-06-10 Merged Area A Joint Public Hearing SR Con'tdoc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
Agenda Item Number: {J 13
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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JOINT PUBLIC HEARING: MERGED AREA A-
2010 MERGED, AMENDED AND RESTATED REDEVELOPMENT
PLAN AND PROGRAM EIR (CENTRAL CITY NORTH, SOUTHEAST
INDUSTRIL PARK, TRI-CITY, SOUTH VALLE, MEADOWBROOK/CENTRAL
CITY, CENTRAL CITY SOUTH AND CENTRAL CITY EAST REDEVELOPMENT PROJECT
AREAS)
BACKGROUND:
The Central City North Redevelopment Project Area was adopted in 1973. Southeast Industrial Park was
adopted in 1976. Tri-City was adopted in 1983. South Valle was adopted 1984. Meadowbrook was adopted in
1958. Central City was adopted in 1965. Central City South and Central City East were adopted in 1976. Each
of these project areas have/had different dates for project expiration, incurring debt, eminent domain, receiving
tax increment and paying debt. Additionally, each project area has different limits on the amount of tax
increment that can be received and debt that can be accumulated. Collectively, the above mentioned
redevelopment project areas shall be referred to as the Project Areas and/or Merged Area A (the "Project
Areas" and/or "Merged Area A").
As a result, some Project Areas: (1) do not have sufficient tax increment to assist in financing projects; (2) can
no longer incur debt resulting in the Agency's inability to partner with developers that need Agency financial
assistance; and (3) are approaching or have approached the cap on tax increment that can be received to assist
in needed projects.
Merger of redevelopment project areas is desirable if the merger results in substantial benefit to the public and
if the merger contributes to the revitalization of blighted areas through increased economic vitality of those
areas and through increased and improved housing opportunities in or near such areas. Merger of
redevelopment project areas allows the Redevelopment Agency of the City of San Bernardino (the "Agency")
the flexibility to direct redevelopment funds to the areas, projects and programs most in need. Sections 33485
through 33489 of the California Community Redevelopment Law (the "CRL") deal with the financial merger
of project areas.
On August 3, 2009, the Community Development Commission of the City of San Bernardino (the
"Commission") adopted Resolution No. CDC/2009-41 approving an agreement between the Agency and
Rosenow Spevacek Group (the "RSG") for the preparation of merger and amendment documents.
On August 3, 2009, the Commission adopted Resolution No. CDC/2009-42 approving an agreement with RBF
Consulting (the "RBF") for the preparation of a Program Environmental Impact Report (the "Program EIR").
A Program EIR is required in order for the Agency to merge the Project Areas.
On November 24, 2009, notice was published in the San Bernardino SUN newspaper informing the public that
the Initial Study was available for review and that a scoping meeting would occur on December 9, 2009,
where the public would have the opportunity to provide input on the preparation of the Program EIR for the
proposed Merged Area A.
On December 9, 2009, Agency staff and RBF conducted a public scoping meeting to obtain input from
members ofthe community concerning preparation of the Program EIR for the proposed Merged Area A.
P:lAgendaslComm Dev CommissionlCDC 2010112-06-10 Merged Area A Joint Public Hearing SR Con~.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
A.n~ntlQ It".", l\T'In1hA". YJ.-,~3
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 2
On April 15, 2010, informational notices concerning the proposed Merged Area A were mailed, via first class
postage, to all property owners, business owners, residents, tenants informing them that there would be a
community meeting, in the near future, to discuss the proposed Merged Area A.
On April 19, 2010, the Commission adopted Resolution No. CDC/2010-21 wherein the Commission: (I)
approved the Preliminary Report for the proposed Merged, Amended and Restated Redevelopment Plan for
the San Bernardino Merged Redevelopment Project Area A (the "2010 Merged Plan") for the proposed
Merged Area A; and (2) referred the proposed 2010 Merged Plan to the Planning Commission of the City of
San Bernardino (the "Planning Commission") for its report and recommendation concerning conformance to
the General Plan of the City of San Bernardino (the "General Plan").
On April, 26, 2010, Agency staff and RSG conducted a community informational meeting, in the City Council
Chambers, to provide an opportunity for residents and community organizations to comment on the
Preliminary Report and other proposed 2010 Merged Plan activities for the proposed Merged Area A.
On May 5, 2010, the Preliminary Report was transmitted to the State Department of Finance, Department of
Housing and Community Development, local officials and affected taxing agencies providing them an
opportunity to study and comment on the proposed 2010 Merged Plan.
On June 23, 2010, the Planning Commission made a finding that the proposed 2010 Merged Plan is in
conformance with the General Plan.
On August 16,2010, the Commission adopted Resolution No. CDC/201O-46 adopting the Report to the Mayor
and Common Council (the "Report") and transmitting the Report to the Mayor and Common Council (the
"Common Council"). Additionally, the Commission adopted Resolution No. CDC1201O-47 setting a date for a
Joint Public Hearing, with the Common Council, to consider certifying the final Program EIR and adoption of
the proposed 2010 Merged Plan for Merged Area A.
On August 16, 2010, the Common Council adopted Resolution No. 2010-288 receiving the Report from the
Commission. Additionally, the Common Council adopted Resolution No. 2010-289 setting a date for a Joint
Public Hearing, with the Commission, to consider certifying the final Program EIR and adoption of the
proposed 2010 Merged Plan for Merged Area A.
On August 18, 2010, informational notices for the October 4, 2010, Joint Public Hearing, concerning the
adoption of the proposed Merged Area A and certification of the final Program EIR were mailed, via first
class postage, to all property owners, business owners, residents, tenants and community organizations. The
notice specified the date, time and location of the Joint Public Hearing
On August 25,2010, the Planning Commission made the following recommendations to the Common Council
and the Commission: 1) Certify the final Program EIR for the proposed 2010 Merged, Amended and Restated
Redevelopment Plan for the proposed Merged Area A; 2) Adopt the Mitigation Monitoring and Report
Program (the "MMRP"); and 3) Find that the proposed 2010 Merged, Amended and Restated Redevelopment
Plan for proposed Merged Area A to be inconformity with the General Plan.
P:\Agendas\Comm Dev Commission\CDC 2010\12-06-10 Merged Area A Joint Public Hearing SR Con't.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
Anon,.Jo T"'o~ l\TlI.l'nh.o.... 1/2,;~~
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 3
On August 30, 2010, Agency staff sent a notice for the Joint Public Hearing to be published in the San
Bernardino SUN newspaper. The Notice for the Joint Public Hearing was published in the SUN newspaper on
9/6,9/13,9120 and 9/27.
CURRENT ISSUE:
Within the Report a section was prepared, in accordance with Sections 33333.11 and 33352 of the CRL, which
deals with the issue of remaining blight within the proposed Merged Area A. Below, are extracts from Section
A, "Description of Remaining Blight", of the Report that deals with the issue of remaining blight._The
following descriptions contain the necessary elements to be addressed in the scope of the Proposed Merged
Area A, the contents of the various additional issues to be addressed in the amendment process, including the
tax increment revenue and redevelopment plan limitations, redevelopment plan term extensions and the issues
relating to the Final EIR
Descriotion of Remainine Blieht
Pursuant to Sections 33354.6, 33333.1 0 and 33486 of the CRL, findings of significant remaining blight in the
proposed Merged Area A must be made prior to the final adoption of the proposed 2010 Merged Plan. Prior to
discussing the findings of remaining blight within the Proposed Merged Area A, a brief discussion is presented
below on the demographics of the proposed Merged Area A.
As outlined in Table A-I of the Report and based of 2009 statistics, the proposed Merged Area A contains: 1)
6.4% of the total acreage of the City; 2) 3.5% of the total City population; 3) 4.1 % of all households within the
City; and 4) a median household income of$19,962 which is only 52% of the City's and 37% of the County's
median household income.
As outlined in Table A-2 of the Report, civilian unemployed for the proposed Merged Area A is 22.5% as
compared to 19.4% for the City and 15.7% for the County. The percent of those living below the poverty level
in the proposed Merged Area A is 38.4% and compared to 23.5% for the City and 13.5% for the County.
As outlined in Table A-3 of the Report, for those residents of the proposed Merged Area A 25 years of age and
over, 44.1% have no High School degree versus 35.1 % for the City and 25.8% for the County. Those
residents within the proposed Merged Area A having a High School degree are 46.5% as compared to 53.3%
for the City and 58.3% for the County. And as far as a Bachelor's Degree or higher only 9.4% of the residents
in the proposed Merged Area A have a Bachelor's Degree or higher as compared to 11.6% for the City and
15.9% for the County.
Sections 33030 through 33039 of the CRL describe the conditions that constitute blight in a redevelopment
project area. The Ordinance adopting the 2010 Merged Plan will contain the necessary findings when
presented to the Common Council at a later date that both (1) significant blight remains within the proposed
Merged Area A and (2) the blight cannot be eliminated without the adoption ofthe 2010 Merged Plan.
Section 33030 of the CRL defines a blighted area as on that are which contains both of the following:
1. An area that is predominantly urbanized and is an area in which the combination of physical and
economic blight conditions is so prevalent and so substantial that it causes a reduction of, or lack
P:lAgendaslComm Dev CommissionlCDC 2010112-06-10 Merged Area A Joint Public Hearing SR Con~.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
A.apnrl.. Ttpm Nnmhpr' '(l,,;V"?J
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 4
of, proper utilization of the area to such an extent that it constitutes a serious physical and
economic burden on the community that cannot reasonably be expected to be revered or alleviated
by private enterprise or governmental action, or both, without redevelopment.
2. An area characterized by one or more physical conditions of blight and one or more economic
conditions of blight as set for in subdivisions (a) and (b) of Section 33031 of the CRL.
A blighted area that meets the conditions above can also be characterized by the existence of inadequate public
improvements.
Urbanization - The Report finds that approximately 80.7% of the area of proposed Merged Area A is
developed with urban uses, and the vacant parcels (comprising 19.4% of the total area of the proposed Merged
Area A) are an integral part of an area developed for urban uses. Facts in support of this finding can be found
in Table A-4 of the Report. Additionally, Exhibits A-I, A-2 and A-3 of the Report are maps of the proposed
Merged Area A that illustrates the portions of the proposed Merged Area A that are developed and the portions
that remain vacant. The exhibits also illustrate that the vacant parcels are surrounded by urban uses.
Physical Blight - The Report finds that physical blighting conditions remaining within the proposed
Merged Area A include: unsafe and unhealthy buildings; dilapidation and deterioration; faulty or inadequate
sewer and water utilities; construction vulnerable to seismic or geologic hazards; under-sized parcels hindering
the viable use or capacity of lots and buildings; and under-sized lots that are in multiple ownership.
a. Unsafe and Unhealthy Buildings - Facts in support of the finding can be found on pages 31
through page 40 of the Report.
b. Dilapidation and Deterioration - Facts in support of the finding can found on pages 41 through
52 of the Report.
c. Inadequate sewer and water facilities - Facts in support of the finding can be found on pages
53 through 56 of the Report.
d. Construction Vulnerable to Seismic or Geologic Hazards - Facts in support of the finding can
be found on pages 56 through 61 of the Report.
e. Under-Sized Parcels Hindering the Viable Use or Capacity of Lots and Buildings - Facts in
support of the finding can found on pages 62 through 81 of the Report.
f. Under-Sized Lots that are in Multiple Ownership - Facts in support of the finding can be found
on pages 81 through 84 of the Report.
Economic Blight - The Report finds that economic blighting conditions remaining within the proposed
Merged Area A include: depreciated or stagnant property values; impaired property values due to hazardous
waste sites; low lease rates and high vacancies; excessive number of bars, liquor stores, adult-oriented
businesses or selling establishments; and high crimes rates.
a. Depreciated or Stagnant Property Values - Facts in support of the finding can be found on
pages 91 through 94 of the Report.
b. Impaired property values due to Hazardous Waste Sites - Facts in support of the finding can be
found on pages 94 through 102 of the Report.
c. Low Lease Rates and High Vacancies - Facts in support of the finding can be found on pages
102 through 106 of the Report.
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P:\Agendas\Comm Dev Commission\CDC 2010\12-06-10 Merged Area A Joint Public Hearing SR Con't.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
A.nonllg If.o.nto N..nth.o.... 1P..-"'Z--?
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 5
d. Excessive number of Bars, Liquor Stores, Adult-Oriented Businesses or Selling Establishments
- Facts in support of the finding can be found on pages 107 through 110 of the Report.
e. High Crime Rates - Facts in support of the finding can be found on pages 111 through 115 of
the Report.
Since March 2009, in accordance with the CRL, the Agency has been pursuing the goal of merging various
redevelopment project areas, for financial purposes, to create the proposed Merged Area A. Conditions of
blight which existed at the time of the adoption of each of the Project Areas respective Redevelopment Plans
were extensive and 'substantial. Many of those conditions of blight continue today and are an impediment to
the development/redevelopment of the proposed Merged Area A. In order to more fully combat the remaining
blight throughout the proposed Merged Area A the Agency proposes to undertake several actions:
1. Merge the seven (7) Project Areas and develop a single merged, amended and restated redevelopment
plan for the Project Areas that will comprise the proposed Merged Area A.
2. Combine the individual Project Areas tax increment revenue limits and increase the total amount of tax
increment revenue that can be accumulated for the proposed Merged Area A.
3. Combine the individual Project Areas bond debt limits and increase the total amount of bonded
indebtedness that can be accumulated for the proposed Merged Area A.
4. Extend the effectiveness of the Central City North and Meadowbrook/Central City Redevelopment
Project Area by ten (10) years each.
5. Add an updated public improvements project list to the proposed 2010 Merged Plan.
Amendment To Increase The Tax Increment Revenue and Bonded Debt Limitation
Section 33354.6(a) of the CRL sets forth that when a redevelopment agency proposes a redevelopment plan
amendment to increase the limitation on the number of dollars to be allocated to the project area, or the
amount of bonded indebtedness that can be outstanding at anyone time, the agency shall follow the same
procedure, and the legislative body (the Common Council in this instance) is subject to the same restrictions,
as when adopting a new redevelopment plan.
Furthermore, CRL Section 33354.6(b) specifies that when an agency proposes such amendments, it shall
describe and identify the following in the amendment documents: the remaining blight within the relevant
project area; the portions, if any, that are no longer blighted; the projects that are required to be completed to
eradicate the remaining blight; and the relationship between the costs of these projects and the amount of
increase in the limitation on the number of dollars to be allocated to the 'agency. The ordinance adopting such
an amendment must contain findings that both (1) significant blight remains within the relevant project area
and (2) the blight cannot be eliminated without the establishment of additional debt and the increase in the
limitation on the number of dollars to be allocated to the redevelopment agency.
The Agency is proposing single cumulative limits for both the tax increment revenue limitation and the
bonded indebtedness limitation for the proposed Merger Area A. The chart below illustrates the current and
proposed tax increment revenue and bonded indebtedness limitations that will be included in the 2010 Merged
Plan if adopted:
P:\Agendas\Comm Dev Commission\CDC 2010\12-06-10 Merged Area A Joint Public Hearing SR Con~.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
"'",'nil.. Tt"rn Nllrnh"ro ~/),,3
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 6
(Current Limits for Individual Project Areas)
Current and Proposed Bonded Debt Limit and Tax Increment Revenue Cap
Proiect Area
Central City North
Southeast Industrial Park
Tri-City
South Valle
Meadowbrook/Central City
Central City South
Central City East
Bonded Debt Limit
$ 40,000,000
$ 60,000,000
$ 18,000,000
$ 14,000,000
$ 50,000,000
$ 30,000,000
$ 25,000,000
$237,000,000
(Proposed Cumulative Limits)
Proiect Area
Merged Area A
Bonded Debt Limit
$327,000,000
Limit on Receiving Tax Increment Revenues
1.75 x Annual Maximum Debt Service
1.75 x Annual Maximum Debt Service
$60,000,000
1.75 x Annual Maximum Debt Service
1.75 x Annual Maximum Debt Service
1.75 x Annual Maximum Debt Service
1.75 x Annual Maximum Debt Service
$443,250,000
Limit on Receiving Tax Increment Revenues
$2,500,000,000
Amendment To Add Public Improvement Proiects To Merged Plan
Under Section 33354.6 of the CRL, the legislative body (i.e., the Common Council) may amend a
redevelopment plan to add significant capital improvement projects as determined by the redevelopment
agency. To add such capital improvement project, any agency must follow the same procedure as adopting a
new redevelopment plan. The Agency is both amending the capital project lists for the individual Project
Areas into one merged list, as well as adding new capital project s for the proposed Merged Area A. The
capital projects list can be found as Exhibit "C" in the proposed 2010 Merged Plan.
Amendment To Extend The Effectiveness And Term To Receive Tax Increment Revenue By 1 0 Years
The Agency seeks to pursue the extension of the effectiveness of the Central City North and
Meadowbrook/Central City Redevelopment Project Areas. These two project areas will reach their
effectiveness time limit in the near future. After the effectiveness limits are reached, implementation activities
(except for inclusionary housing) within these two project areas must cease and funds can only be spent on
administering debt associated with these two project areas. Therefore, the Agency seeks to pursue an
amendment to extend for ten (10) years the effectiveness and time period to receive tax increment revenue for
these two project areas. This amendment will further the Agency's ability to financially support needed
redevelopment projects and programs in Merged Area A. The chart below illustrates the current and proposed
effectiveness and tax increment revenue time limitations in the Central City North and Meadowbrook/Central
City Redevelopment Project Areas:
Proi ect Area
Effectiveness of Plan
Current Proposed
Central City North
August 6,2016 August 6, 2026
Meadowbrook/Central City
May 3,2019 May 3,2029
Last Date to Receive Tax Increment
Current Proposed
August 6, 2026
August 6, 2036
May 3, 2029
May 3, 2039
P:\AgendasIComm Dev CommissionlCDC 2010112-06-10 Merged Area A Joint Public Hearing SR Con~.doc
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COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
A(Jpnil~ Ttpm Nl1mhpr'
1L'"l-9
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 7
Pursuant to Section 33333.1 0 of the CRL, the Common Council must make findings that significant blight
remains in these two (2) project areas that cannot be eliminated without extending the effectiveness of the
redevelopment plan and the limit to receive tax increment revenue. The 10-year amendment would require the
Agency to follow the same procedure required to adopt a new redevelopment project area, and adhere to the
additional requirements prescribed by the CRL to complete this particular type of amendment. Significant
blight does not have to be prevalent throughout, though tax increment may only be spent in areas where
blighting conditions are identified or where non-blighted parcels are deemed necessary and essential to the
effective redevelopment of the blighted parcels.
An important outcome of the 10-year amendment is the requirement that, commencing with the first fiscal
year after the amendment is adopted, these two (2) project areas must deposit a total of30% (a 10% increase)
of the tax increment revenue received (from these two (2) project areas) into the Agency Low and Moderate
Income Housing Fund (the "Housing Fund"). The requirement limiting where the tax increment revenue funds
may be spent after the 10-year amendment (i.e., to eliminate blight as previously identified) does not similarly
limit expenditures from the Housing Fund but permits the continuation of Housing Fund expenditures to be
made on a community-wide basis.
Additionally, the CRL contains a list of other requirements that must be met for the Agency to extend the
effectiveness and tax increment time limitations for the Central City North and Meadowbrook/Central City
Redevelopment Project Areas. The Common Council must not only make the required findings of blight noted
above, but prior to the Common Council's consideration of the amendment ordinance, the Commission must
adopt a resolution that makes the following findings:
. The community has an adopted housing element certified by the California State Department of
Housing and Community Development;
. The Agency has not been in major violation of the State Controller's annual reporting for the past three
(3) fiscal years; and
. The Agency has written a request to and received a response from the California State Department of
Housing and Community Development stating that the Agency does not have an excess surplus in its
Housing Fund.
It is anticipated that the Common Council will adopt an updated housing element and receive certification
from the California State Department of Housing and Community Development in the 2nd quarter of 2011.
Therefore, the Commission can take no final action on the Resolution regarding the approval of the proposed
Merged Area A nor can the Common Council adopt the necessary Ordinance until such time as this certificate
has been received after the Common Council has taken all requisite actions in early 2011.
Proiect Merger
Section 33485 of the CRL states that "Mergers of project areas are desirable as a matter of public policy if
they result in substantial benefit to the public and if they contribute to the revitalization of blighted areas
through the increased economic vitality of those areas and through increased and improved housing
opportunities in or near such areas." Furthermore, Section 33486 of the CRL states that relevant project areas
may be merged, without regard to contiguity of the areas, by the amendment of each affected redevelopment
plan as provided in Section 33450 of the CRL. Before adopting the ordinance amending each affected
redevelopment plan, Section 33486(a) of the CRL states that, the legislative body (i.e., the Common Council)
must find, based on substantial evidence, that both of the following conditions exist:
P:lAgendaslComm Dev CommissionlCDC 2010112-06-10 Merged Area A Joint Public Hearing SR Con't.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
A~Qn"n hQ~ ~"~"'n_. 11,1-3
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 8
1. Significant blight remains within one of the Project Areas being merged.
2. This blight cannot be eliminated without merging the Project Areas and the receipt of tax increment
revenues.
Sections 33333.11 and 33352 of the CRL require the Agency to prepare and the Commission to adopt the
Report containing specified information at least forty-five (45) days prior to the joint public hearing on the
proposed 2010 Merged Plan. On August 16, 2010, the Commission adopted the Report by Resolution No.
CDC!2010-46. The Report satisfies those statutory requirements of Sections 33333.1 and 33352 of the CRL.
A "Preliminary Report" was prepared and transmitted in May 2010 to other taxing agencies in the Project
Areas that may be potentially affected by the proposed 2010 Merged Plan. In accordance with CRL Section
33333.11(h), the Report contains all the information contained in the Preliminary Report and includes the
additional information required by Sections 33333.11(h)(2)-(5). Consistent with CRL Sections 33333.11(h)
and 33352 the Report contains the following sections: (1) Description of Remaining Blight; (2) Projects and
Programs to Eliminate Blight; (3) Method of Financing; (4) Amended Implementation Plan; (5) Neighborhood
Impact Report; (6) Description of Merged Area A Bonds; (7) Method of Relocation; (8) Analysis of
Preliminary Plan; (9) Report and Recommendation of the Planning Commission; (10) Statement of
Conformance with General Plan; (11) Environmental Documentation; (12) Report of the County Fiscal
Officer; and (13) Taxing Agency, PAC, Residents and Community Organizations Consultations.
Sections 333450 through 33458 of the CRL authorize the Agency to recommend amendments to an existing
redevelopment plan, if:
1. Documentation prepared by the Agency substantiates the need for the amendment(s);
2. The convening of a joint public hearing of the Common Council and the Commission on the proposed
amendment(s) is held; and
3. Consideration and adoption of an ordinance by the Common Council approving such amendment(s) is
completed.
The Report required by CRL Section 33333.11(h) and 33352 is one of several documents the Agency has
prepared during the amendment process. The Report's primary purpose is to provide decision makers with
comprehensive information concerning the proposed 2010 Merged Plan. The Report and the final text of the
proposed 2010 Merged Plan will be considered by the Common Council and the Commission at a later date.
All property owners, residents, business owners, and affected taxing entities have received a notice of this
joint public hearing by first class mail and through the publication of public notices in the San Bernardino
SUN newspaper.
ENVIRONMENT AL IMPACT:
The Agency retained RBF Consulting to determine the environmental impacts that may occur as a result of
merging redevelopment project areas. The first step was the preparation of the Initial Study. On November 24,
2009, a notice was published informing the public that the Initial Study had been completed and was available
for review. The notice also stated that on December 9, 2009, there would be a public scoping meeting where
the community could provide input concerning the preparation of a draft Program EIR. The next step was the
preparation of the draft Program EIR. The draft Program EIR was prepared and on May 20, 2010 the D/ERC
Committee authorized the release of the draft Program EIR for public review and comment. On June 2, 2010 a
~~!~~~~i_~o~pl~i~~_~as ~_!~~_~~th t~~~ate__!her~~I_~~~Ein~t!~e _~?_:~ay ~~vie~J~~_~~ 0~~~~__~~?_010:!:
P:\AgendasIComm Dev CommissionlCDC 2010112-06-10 Merged Area A Joint Public Hearing SR Con'l.doc CO MMISSIO N MEETING A G END A
Meeting Date: 12/06/2010
A I'I'o...,.1n. .....0....." 1\T......, h~u..
\?.lV3
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 9
Notice of Availability was published in the Sun Bernardino SUN newspaper inviting the public to review and
comment on the draft Program EIR. The draft Program EIR was made available on the Agency website, hard
copy at the Agency offices, and a hard copy with the Community Development Department (formerly
Development Services Department). At the end of the 45-day review period, RBF/Agency had received
written comments from four (4) public agencies and one individual. Those comments and responses are
included as Section 13 "Comments and Responses" in the final Program EIR. Additionally, Section 12
"Mitigation Monitoring Program" is also included in the final Program EIR.
The final Program EIR (SCH #2009111089) contains the draft Program EIR, written comments and responses
and the mitigation monitoring and reporting program. The final Program EIR found that the effects of Merged
Area A on all major environmental categories and/or portions thereof, except for portions of Traffic and Air
Quality, were either non-significant or could be reduced to a level of less than significant be applying the
mitigation measures outline in Section 13 of the final Program EIR.
It was found that there is no complete mitigation for Traffic (project impacts and cumulative impacts) and Air
Quality (short-term construction emissions, long-term mobile and stationary source emissions and cumulative
emissions).
Traffic - Project Impacts. Implementation of Merged Area A would generate trips that could impact levels of
service for the existing area roadway system. There are mitigation measures, found in the final Program EIR,
which can lessen the significant environmental impacts associated with project -generated traffic to the extent
feasible. However, after implementation of the City of San Bernardino General Plan (the "General Plan")
goals and policies, as contained in the final Program EIR, the impacts would constitute a significant and
unavoidable impact.
Traffic - Cumulative Impacts. Implementation of Merged Area A could result in cumulatively considerable
trips that could impact levels of service for the existing area roadway system. There are mitigation measures,
found in the final Program EIR, which can lessen the significant environmental impacts associated with
cumulative project-generated traffic to the extent feasible. However, after implementation of the General Plan
goals and policies, contained in the final Program EIR, the impacts would constitute a significant and
unavoidable impact.
Air Quality - Short-Term Construction Emissions. Implementation of Merged Area A could facilitate the
construction of projects on new land use designations that could generate dust and motorized equipment
emissions. There are mitigation measures, found in the final Program EIR, which can lessen the significant
environmental impacts associated with short-term construction air quality emissions to the extent feasible.
However, after implementation of the General Plan goals and policies and mitigation measures contained in
the final Program EIR, the impacts would constitute a significant and unavoidable impact.
Air Quality - Long-Term Mobile and Stationary Source Emissions. Implementation of Merged Area A could
introduce future projects that could result in an overall increase in mobile and stationary source emissions
within the City, and which may exceed South Coast Air Quality Management District air quality standards.
There are mitigation measures, found in the final Program EIR, which can lessen the significant environmental
the impacts associated with long-term mobile and stationary air quality emissions to the extent feasible.
However, after implementation of the General Plan goals and policies and mitigation measures contained in
the final Program EIR, the impacts would constitute a significant and unavoidable impact.
P:\AgendaslComm Dev CommissionlCDC 2010112-06-10 Merged Area A loint Public Hearing SR Con't.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
A..",n..J.. Tf",... N.....h"'.. t'2-0
Economic Development Agency Staff Report
Joint Public Hearing - Merged Area A
Merged, Amended and Restated Redevelopment Plan & Program EIR
Page 10
Air Quality - Cumulative Impacts. Air quality emISSIons resulting from development associated with
implementation of Merged Area A could impact regional air quality levels on a cumulatively considerable
basis. There are mitigation measures which can lessen the significant environmental the impacts associated
with cumulative air quality emissions to the extent feasible. However, after implementation of the General
Plan goals and policies and mitigation measures contained in the final Program EIR, the impacts would
constitute a significant and unavoidable impact.
FISCAL IMPACT:
Account Budgeted Amount: $611.152. Balance as of: November 30.2010
Balance after approval of this item: $52.236.00
With a Merged, Amended and Restated Redevelopment Plan and other amendments to the various Project
Areas the Agency's ability to consummate new business deals and redevelop blighted properties, within the
proposed Merged Area A, will be greatly enhanced.
RECOMMENDATION:
Agency Staff recommends that the Commission and the Common Council conduct a joint public hearing of
the Commission and the Common Council on both the Merged Area A and the accompanying EIR, that the
Commission certify the EIR and both the Commission and the Common Council defer any actions on Merged
Area A to a future unspecified date in 2011 for reasons set forth in the staff report until such time as a current
Housing Element has been adopted by the City of San Bernardino.
Agency Staff further recommends that the Community Development Commission adopt the attached
Resolution: I) certifying the Program EIR; 2) adopting the Mitigation Monitoring and Reporting Program; and
3) adopting the Statement of Overriding Considerations.
(~--
~~;
Emil A. Marzullo, Interim Executive Director
----------------------------------------------------------------------------------------------------------------------------------------------------------------.
P:\Agendas\Comm Dev Commission\CDC 2010\12-06-10 Merged Are. A Joint Public Hearing SR Con't.doc
COMMISSION MEETING AGENDA
Meeting Date: 12/06/2010
A non 1'1 0 If Am 1'1.."""0". L~~
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL PROGRAM
ENVIRONMENT AL IMP ACT REPORT FOR THE MERGED, AMENDED
AND RESTATED REDEVELOPMENT PLAN FOR THE SAN BERNARDINO
MERGED REDEVELOPMENT PROJECT AREA A FOR THE PROPOSED
MERGER OF THE CENTRAL CITY NORTH, SOUTHEAST INDUSTRIAL
PARK, TRI-CITY, SOUTH VALLE, MEADOWBROOK/CENTRAL CITY,
CENTRAL CITY SOUTH AND CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREAS; MAKING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM; AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS.
WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Common
Council") have previously adopted and amended, by ordinance, individual Redevelopment Plans
for the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central
City, Central City South and Central City East Redevelopment Project Areas (the "Redevelopment
Plans" or "Project Areas" as applicable) in accordance with the applicable provisions of the State
of California Community Redevelopment Law, Health and Safety Code 33000 et seq. (the "CRL");
and
WHEREAS, the Central City North Redevelopment Project Area was adopted in 1973;
Southeast Industrial Park was adopted in 1976; Tri-City was adopted in 1983; South Valle was
adopted in 1984; Meadowbrook was adopted in 1958; Central City was adopted in 1965; and
Central City South and Central City East were adopted in 1976; and
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
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community redevelopment agency duly created, established and authorized to transact business and
exercise its powers, all under and pursuant to the CRL; and
WHEREAS, the Community Development Commission of the City of San Bernardino (the
"Commission") is the governing body for the Agency; and
WHEREAS, the Commission has previously taken certain actions in coordination with the
Common Council relating to the proposed Merged, Amended and Restated Redevelopment Plan for
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the San Bernardino Merged Project Area A (the "2010 Merged Plan") thereby merging the Project
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P:\AgendasIResolutionsIResolutions\2010112-06-10 Merged Area A Program EIR, CDC Reso Con~.doc
1 Areas (the "Merged Area A" or the "Project") in order that the Agency may more fully undertake
2 programs to eliminate and prevent the spread of blight throughout the proposed Merged Area A; and
3 WHEREAS, the merger of project areas are desirable as a matter of public policy if they
4 result in substantial benefit to the public and if they contribute to the revitalization of blighted areas
5 through increased economic vitality of those areas and through increased and improved housing
6 opportunities in or near such areas; and
7 WHEREAS, CRL Sections 33450 through, and induding, 33458 address amending
8 redevelopment project area redevelopment plans; and
9 WHEREAS, CRL Sections 33485 through, and induding, 33489 address the merger of
10 projectareas;and
11 WHEREAS, during the period of August through September 2009, an Initial Study was
12 prepared under the provisions of the California Environmental Quality Act (the "CEQA") which
13 evaluated the potential effect on the environment of the proposed Merged Area A; and
14 WHEREAS, on November 20,2009, the Initial Study and Notice of Preparation were mailed
15 to the State, responsible agencies, trustee agencies, affected taxing entities, cities and counties that
16 border the City of San Bernardino (the "City") and were advertised to inform the general public of
17 the availability of the Initial Study for review and comment; and
18 WHEREAS, there was a 30-day review period for the Initial Study that lasted from
19 November 20, 2009, to December 20,2009, as required by CEQA; and
20 WHEREAS, on December 9,2009, a public scoping meeting took place in the offices of the
21 Agency where the members of the community could provide input concerning preparation of a
22 program environmental impact report (the "Program EIR") for the proposed Merged Area A; and
23 WHEREAS, the Agency, authorized as the "lead agency", prepared a draft Program EIR (the
24 "DEIR") for the adoption of the 2010 Merged Plan pursuant to CEQA; and
25 WHEREAS, on June 2, 2010, the DEIR was completed and a Notice of Completion was
26 filed with the State of California thereby starting the required 45-day review; and
1.7 WHEREAS, on June 2, 2010, a Notice of Availability was published advising the public of
28 the availability of, and inviting the public to review and comment on, the text of the DEIR
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P:\A2endasIResolulionslResolulions\2010\12-06-10MeraedArea A Proll1"amEIR. CDCResoContdoc Q P I"'. . rd' a .~^" ,;-\"' \.ht~'
1 (including all appendices) during the required 45-day review period between June 2, 2010, through
2 July 16, 2010, as required by CEQA; and
3 WHEREAS, on June 24, 2010, and on July 8, 2010, during regularly scheduled
4 Redevelopment Committee meetings, the public was afforded the additional opportunity pursuant to
5 a duly noticed agenda item of the Redevelopment Committee for the public to provide written
6 and/or oral comments concerning the DEIR; and
7 WHEREAS, at the conclusion of the above referenced 45-day review period the Agency had
8 received written comments from four (4) agencies and one individual; and
9 WHEREAS, these comments were responded to in writing as required by CEQA and the
10 final Program EIR document (State Clearinghouse No. 2009111089) (the "FEIR"), dated August 13,
11 2010, has been prepared and transmitted to each responsible agency which submitted comment to
12 the DEIR; and
13 WHEREAS, all actions required to be taken by applicable law related to the preparation,
14 circulation and review of the DEIR have been taken; and
15 WHEREAS, on August 25,2010, the Planning Commission of the City of San Bernardino
16 (the "Planning Commission") made the following recommendations to the Common Council and
17 the Commission: 1) Certify the FEIR for the 2010 Merged, Amended and Restated Redevelopment
18 Plan for the Merged Area "A"; 2) Adopt the Mitigation Monitoring and Reporting Program
19 (MMRP); and 3) Find the 2010 Merged, Amended and Restated Redevelopment Plan for the
20 Merged Area "A" to be in conformity with the General Plan; and
21 WHEREAS, a public notice having been duly and regularly given as required by law, a full
22 and fair joint public hearing has been held by the Commission and the Common Council concerning
23 adoption of the 2010 Merged Plan and approval of the FEIR related thereto, and all interested
24 persons expressing a desire to comment thereon, or object thereto have been heard; and
25 WHEREAS, the FEIR consists of the DEIR, as revised and supplemented to incorporate all
26 comments received during the public review period, if any, and the responses of the Agency to any
27 such comments, and the Mitigation Monitoring and Reporting Program; and
28 WHEREAS, the Commission has reviewed and considered the FEIR, Statement of
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P:\AgendasIResolutionslResolutions\201 0112-06-1 0 Merged Area A Program EIR, CDC Reso Con't.doc
1 Overriding Considerations and the Mitigation Monitoring and Reporting Program with respect to
2 the Merged Area A, and all comments made thereon and all responses made thereto; and
3 WHEREAS, it is recommended by Agency Staff that the Commission adopt this Resolution,
4 certifying the FEIR for Merged Area A; approving a Statement of Facts and Findings and Statement
5 of Overriding Conditions Regarding the Environmental Effects for the Final Environmental Impact
6 Report for the San Bernardino Merged Area A - Merger and Amendments Project - State Clearing
7 House No. 2009111089 (the "Statement") in the form as attached hereto as Exhibit "A" and a
8 Mitigation Monitoring and Reporting Program (the "MMRP") in the form as attached hereto as
9 Exhibit "B", and authorize the filing of the appropriate Notice of Determination for Merged Area A.
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NOW,
THEREFORE,
THE
COMMUNITY
DEVELOPMENT
11 COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE,
12 DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The foregoing recitals of this Resolution are true and correct.
Section 2.
The Commission and Common Council held a duly noticed joint public
15 hearing on October 4, 2010, which was continued to November 1, 2010, and which was further
16 continued to December 6, 2010, and held and conducted on such latter date. All interested persons
17 had the opportunity to present both written and oral comments regarding the 2010 Merged Plan and
18 the FEIR at the joint public hearing as actually conducted and at the earlier dates when said joint
19 public hearing was continued to subsequent dates. The Commission has considered all comments
20 received on the DEIR, which comments and responses thereto are contained in the FEIR. These
21 actions having been taken, the FEIR is hereby approved, certified and adopted as the Final Program
22 Environmental Impact Report for Merged Area A and incorporated herein by reference.
Section 3.
The findings made in this Resolution are based upon the information and
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24 evidence set forth in the FEIR and upon other substantial evidence in the record of the proceedings
25 on the 2010 Merged Plan and the FEIR, which include, among other things, the City of San
26 Bernardino General Plan and the City zoning regulations. The documents, staff reports, plans,
27 specifications, technical studies and other relevant materials, including, without limitation, the
28 FEIR, that constitute the record of proceedings on which this Resolution is based are on file and
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P:\Agendas\Resolutions\Resolutions\2010\12-06-1O Merged Area A Program EIR, CDC Reso Con't.doc
1 have been made available for public examination during the normal business hours of the Agency
2 offices, 201 North E Street, Suite 301, San Bernardino, California. The custodian of said records is
3 the Secretary of the Agency. Additionally, the FEIR is on file and has been made available for
4 public examination during the normal business hours in the offices of the Community Development
5 Department, City of San Bernardino, 300 North D Street, San Bernardino, California. The custodian
6 of the FEIR is the Interim Executive Director of the Agency.
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Section 4.
The Commission and the Common Council have proposed to adopt the 2010
8 Merged Plan for the purpose of enabling effective redevelopment of Merged Area A. The principal
9 objective of the Merged Area A is to help eradicate the remaining conditions of blight that have
10 continued to exist in the Merged Area A. To achieve this objective, the 2010 Merged Plan
11 contemplates the implementation of: 1) merging the Redevelopment Plans for the Project Areas, for
12 financial purposes, into one document to be known as the 2010 Merged Plan; 2) combining and
13 increasing the limit of receiving tax increment revenues of the Project Areas into a single
14 cumulative limit; 3) combining and increasing the limit of bonded indebtedness of the Project Areas
15 into a single cumulative limit; 4) extend the effectiveness of the Central City and
16 Meadowbrook/Central City Redevelopment Project Areas for a period often (10) years each; and 5)
17 adding significant capital improvement projects to be undertaken within the Merged Area A. By
18 doing so the Agency will be able to: I) upgrade public facilities and infrastructure; 2) promote and
19 facilitate economic development/redevelopment and job growth; 3) provide additional affordable
20 housing opportunities for eligible persons; and 4) generally improve the quality of life for the
21 residents, business and property owners within the Merged Area A specifically, and generally within
22 the City.
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Section 5.
The Commission finds and determines that the FEIR for the Project has been
24 completed in compliance with CEQA. The contents of a FEIR are defined in Section 15132 of the
25 CEQA Guidelines and include: the DEIR; comments and recommendations received on the DEIR;
26 correspondence from parties commenting on the DEIR; responses to comments by the lead agency;
27 a mitigation and monitoring and reporting program; a set of facts, findings and statement of
28 overriding considerations; and any other information added by the lead agency.
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P:\Agendas\Resolutions\Resolutions\201O\12-06-10 Merged Area A Program EIR, CDC Reso Con't.doc
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Section 6.
Based upon substantial evidence submitted to the Commission at the joint
2 public hearing on the FEIR for the Project and the contents of the Staff Report and the Exhibits to
3 this Resolution, the Commission hereby finds and determines that the FEIR for the Project has
4 identified all significant environmental effects of the 2010 Merged Plan and other environmental
5 entitlement actions.
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Section 7.
The Commission hereby declares that the FEIR for the Project reflects the
7 Commission's independent judgment. Further, the Commission has exercised independent judgment
8 in accordance with Public Resources Code Section 21082.1 (c )(3) in retaining, on behalf of the
9 Agency, its own environmental consultant, and directing the consultant, through the Agency, in the
10 preparation of the FEIR. The Commission has independently reviewed and analyzed the FEIR and
11 that the FEIR reflects the independent judgment of the Commission.
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Section 8.
Although the FEIR for the Project identified certain significant environmental
13 effects that would result if the Project occurs, all significant effects that can feasibly be avoided or
14 mitigated will be avoided or mitigated by the implementation of the mitigation measures as set forth
15 in the Mitigation Monitoring and Reporting Program for the FEIR. The Mitigation Monitoring and
16 Reporting Program and all information contained therein is attached to this Resolution as Exhibit
17 "B" and incorporated herein by reference.
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The findings contained in the Statement as attached hereto as Exhibit "A"
Section 9.
19 with respect to the significant impacts identified in the FEIR are true and correct, and are based
20 upon substantial evidence contained in the record, including documents comprising the FEIR.
21 Specifically, the Commission hereby finds and determines, based upon the facts, statements,
22 other information and the entire written record as presented to the Commission at the time of
23 consideration of this Resolution for adoption, the following matters as further set in the Statement:
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(i)
The Commission hereby finds and determines that facts and findings contained in
Section 3 of the Statement are true and correct and that all issues were fully
addressed
(ii)
The Commission concurs with the findings in the FEIR as summarized in Section 3
of the Statement that certain matters can either be mitigated below a significant
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impact threshold, or for those issues which cannot be mitigated below a level of
significance, overriding considerations have been taken into consideration by this
Commission which make such impacts acceptable.
4 (iii) The Commission hereby finds and determines that of the nineteen (19) major
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environmental issue categories evaluated in the FEIR, there were two (2) major
environmental issue categories that were found to be non-significant in the Initial
Study. Further, the Commission hereby finds and determines that either all or
portions of twelve (12) other major environmental issue categories were found to be
less than significant in the Initial Study as prepared for the Project. These are
identified in Section 3.5, pages 22 through 24 of the Statement.
11 (iv) The Commission hereby finds and determines that based on substantial evidence
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contained in the record, those issues identified in Section 3.6 ("Effects Determined to
be Less Than Significant in the Final Program EIR Requiring No Mitigation"), pages
25 through 27 of the Statement, to the extent they result from the Project, will be less
(v)
than significant requiring no mitigation.
The Commission has reviewed and considered the information contained in the
FEIR, the Technical Appendices, the administrative record, facts and findings and
hereby finds and determines, pursuant to the Public Resources Code Section
21801(a)(1) and CEQA Guidelines Section 15091(a)(1) that changes or alterations
have been required in, or incorporated to, the Project, which would avoid or
substantially lessen to below a level of significance the potentially significant
environmental effects outlined in Section 3.7 ("Effects Detenllined to be Mitigated to
Less Than Significant in the Final Program EIR" ) with the facts in support of the
findings found on pages 28 through 55 in Section 3.7 of the Statement.
25 (vi) The Commission hereby finds and determines that the FEIR has identified and
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discussed significant effects which may occur as a result of the 20 I 0 Merged Plan for
the merger as further set forth in Section 3.7 of the Statement. With the
implementation of the mitigation measures discussed in the FEIR, and attached
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hereto as Exhibit "B", these effects can be mitigated to a level of less than significant
as set forth in Section 3.7 of the Statement. However, there are certain other
significant effects which either cannot be fully mitigated or for which no feasible or
practical mitigation currently exist, and these unavoidable significant impacts are
discussed in Section 3.8 of the Statement.
6 (vii) The Commission hereby finds and determines that although all potential Project
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impacts have been substantially avoided or mitigated as described in Sections 3.5, 3.6
and 3.7 of the Statement, there is no complete mitigation for the following Project
impacts; Traffic (project impacts, cumulative impacts; and Air Quality (short-term
construction emissions, long-term mobile and stationary source emISSIOns,
11 cumulative emissions). As previously discussed, details of these significant
12 unavoidable adverse impacts are discussed in Section 3.8 of the Statement.
13 (viii) The Commission has reviewed and considered the information contained in the
14 FEIR, the Technical Appendices, the administrative record, facts and findings,
15 pursuant to Public Resources Code Section 2l08l(a)(3) and CEQA Guidelines
16 Section 1 5091 (a)(3), hereby finds and determines that specific economic, legal,
17 social, technological, or other considerations, make infeasible the mitigation
18 measures identified in the FEIR and therefore, the Project would cause significant
19 unavoidable impacts in the categories of Traffic and Air Quality as stated in Section
20 3.8 of the Statement.
21 (ix) Traffic - Project impacts. Implementation of the Project would generate trips that
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could impact levels of service for the existing area roadway system. Therefore, the
Commission hereby finds and determines that changes or alterations have been
required in, or incorporated into, the Project that avoid or substantially lessen the
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significant environmental effect as identified in the FEIR. Further, the Commission
hereby finds and determines that the impacts associated with project-generated traffic
have been reduced to the extent feasible. However, after implementation of the
General Plan goals and policies contained in the FEIR, the impacts would constitute
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a significant and unavoidable impact. The facts in support of these findings can be
found in Section 3.8, pages 56 and 57 of the Statement. The overriding social,
economic and other consideration set forth in the Statement regarding Project
Alternatives, found in Section 3.9, provide additional facts in support of the findings.
Any remaining, unavoidable significant effects after available FEIR mitigation
measures are implemented are acceptable when balanced against the facts set forth
therein.
(x)
Traffic - Cumulative Impacts. Implementation of the Project could result in
cumulatively considerable trips that could impact levels of service fOf the existing
area roadway system. Therefore, the Commission hereby finds and determines that
changes or alterations have been required in, or incorporated in Project that avoid or
substantially lessen the significant environmental effect as identified in the FEIR.
Further, the Commission hereby finds and determines that the impacts associated
with cumulative project-generated traffic have been reduced to the extent feasible.
However, after implementation of the General Plan goals and policies contained in
the FEIR, the impacts would constitute a significant and unavoidable impact. The
facts in support of these findings can be found in Section 3.8, pages 57 through 59 of
the Statement. The overriding social, economic and other consideration set forth in
the Statement regarding Project Alternatives, found in Section 3.9, provide additional
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facts in support of the findings. Any remaining, unavoidable significant effects after
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available FEIR mitigation measures are implemented are acceptable when balanced
against the facts set forth therein.
23 (xi) Air Quality - Short-Term Construction Emissions. Implementation of the Project
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could facilitate the construction of new land uses that could generate dust and
equipment emissions. Therefore, the Commission hereby finds and determines that
changes or alterations have been required in, or incorporated in the Project that avoid
or substantially lessen the significant environmental effect as identified in the FEIR.
Further, the Commission hereby finds and determines that the impacts associated
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with short-term construction air quality emissions been reduced to the extent feasible.
However, after implementation of the General Plan goals and policies and mitigation
measures contained in the FEIR, the impacts would constitute a significant and
unavoidable impact. The facts in support of these findings can be found in Section
3.8, pages 59 through 60 of the Statement. The overriding social, economic and other
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considerations set forth in the Statement regarding Project Alternatives, found in
Section 3.9, provide additional facts in support of the findings. Any remaining,
unavoidable significant effects after available FEIR mitigation measures are
implemented are acceptable when balanced against the facts set forth therein.
10 (xii) Air Quality - Long-Term Mobile and Stationary Source Emissions. Implementation
11 of the Project could introduce future development and redevelopment projects that
12 could result in an overall increase in mobile and stationary source emissions within
13 the City, and which may exceed South Coast Air Quality Management District air
14 quality standards. Therefore, the Commission hereby finds and determines that
15 changes or alterations have been required in, or incorporated in Project that avoid or
16 substantially lessen the significant environmental effect as identified in the FEIR.
17 Further, the Commission hereby finds and determines that the impacts associated
18 with long-term mobile and stationary air quality emissions have been reduced to the
19 extent feasible. However, after implementation of the General Plan goals and policies
20 and mitigation measures contained in the FEIR, the impacts would constitute a
21 significant and unavoidable impact. The facts in support of these findings can be
22 found in Section 3.8, pages 60 through 62 of the Statement. The overriding social,
23 economic and other consideration set forth in the Statement regarding Project
24 Alternatives, found in Section 3.9, provide additional facts in support of the findings.
25 Any remaining, unavoidable significant effects after available FEIR mitigation
26 measures are implemented are acceptable when balanced against the facts set forth
27 therein.
28 (xiii) Air Quality - Cumulative Impacts. Air quality emissions resulting from development
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1 associated with implementation of the Project could impact regional air quality levels
2 on a cumulatively considerable basis. Therefore, the Commission hereby finds and
3 determines that changes or alterations have been required in, or incorporated into the
4 Project that avoid or substantially lessen the significant environmental effect as
5 identified in the FEIR. Further, the Commission hereby finds and determines that the
6 impacts associated with cumulative air quality emissions been reduced to the extent
7 feasible. However, after implementation of the General Plan goals and policies and
8 mitigation measures contained in the FEIR, the impacts would constitute a significant
9 and unavoidable impact. The facts in support of these findings can be found in
10 Section 3.8, pages 62 through 63 of the Statement. The overriding social, economic
11 and other consideration set forth in the Statement regarding Project Alternatives,
12 found in Section 3.9, provide additional facts in support of the findings. Any
13 remaining, unavoidable significant effects after available FEIR mitigation measures
14 are implemented are acceptable when balanced against the facts set forth therein.
15 (xiv) Although significant impacts will remain, the Commission will mitigate any
16 significant adverse impacts to Traffic and Air Quality to the maximum extent
17 practicable. In its decision to approve the Project at a later date pursuant to a separate
18 resolution of the Commission, the Commission hereby finds and determines that in
19 connection with such future approval of the Project, the benefits of the Project
20 outweigh the environmental impacts.
21 (xv) The FEIR addresses the environmental effects of Project Alternatives. A description
22 of these Project Alternatives, a comparison of their environmental impacts to the
23 Project and findings can be found in Section 3.9, pages 64 through 68 of the
24 Statement.
25 (xvi) No Project Alternative - The Commission hereby finds and determines that the
26 findings relating to the Project set forth In the Statement and the overriding social,
27 economic, and other issues set forth in the Statement provide support for the Project
28 and the elimination of this Alternative from further consideration. The facts in
11
P:lA2endaslResolulions\Resolulions\2010\12-Q6..10 Mer.ed Ares A PrOI!tlUll EIR- CDC Reso Con'l.doc
1 support of this finding can be found in Section 3.9, pages 64 through 66 of the
2 Statement.
3 (xvii) No Merger of the Redevelopment Project Areas Alternative - The Commission
4 hereby finds and determines that the findings relating to the Project set forth in this
5 Statement and the overriding social, economic, and other issues set forth in the
6 Statement provide support for the Project and the elimination of this Alternative from
7 further consideration. The facts in support of this finding can be found in Section 3.9,
8 pages 66 through 68 ofthe Statement.
9 (xviii) The Commission certifies that it has independently reviewed and considered the
10 information on alternatives provided in the FEIR and in Section 3.9, pages 64
11 through 68 of the Statement, including the information provided in the comments on
12 the DEIR and responses thereto.
13 (xix) The Commission has reviewed and considered the information contained in Section
14
15
16
17
18
3.9 of the Statement and hereby finds and determines that neither the "No Project
Alternative" nor "No Merger of the Redevelopment Project Areas Alternative" is
considered environmentally superior to proceeding with the Project implementation
when compared to the Project, and such stated and analyzed Project Alternatives
were not selected as the environmentally superior Project Alternatives.
19 (xx) The Commission has given great weight to the significant unavoidable adverse
20
21
22
23
environmental impacts of the proposed Project. However, the Commission hereby
finds and determines that the significant unavoidable adverse environmental impacts
are clearly outweighed by the economic, social and other benefits set forth in Section
3.10, pages 69 through 71 in the Statement.
24 (xxi) To the extent that significant effects of the Project are not avoided or substantially
25
26
27
28
lessened to below a level of significance, the Commission, having reviewed and
considered the information contained in the FEIR and public record, and having
balanced the benefits of the Project against the unavoidable effects which remain,
hereby finds and determines that such unmitigated effects to be acceptable in view of
12
P:\AgendasIResolutions\Resolutions\201 0\1 2-06-10 Merged Area A Program EIR, CDC Reso Con't.doc
1 the seven (7) overriding considerations presented in Section 3.11, page 73 of the
2 Statement.
3 (xxii) The Commission hereby finds and determines, pursuant to Section 3.12 of the
4 Statement, that the Mitigation Monitoring and Reporting Program, as adopted by this
5 Resolution for the Project, has met the mitigation monitoring requirements of Public
6 Resources Code Section 21081.6.
7 Section 10. The Final Environmental Impact Report, Statement and Mitigation
8 Monitoring and Reporting Program reflect the independent review, analysis and judgment of the
9 Commission.
10 Section 11. The Commission hereby approves and certifies the Final Environmental
11 mpact Report for the Project (SCH #2009111089).
12 Section 12. The Commission hereby adopts the Statement of Facts and Findings and
13 tatement of Overriding Considerations attached hereto as Exhibit "A".
Section 13. The Commission hereby adopts the Mitigation Monitoring and Reporting
14
15 rogram attached hereto as Exhibit "B".
16 Section 14. In accordance with this Resolution of the Commission, the Agency Secretary
17 hall cause a Notice of Determination to be filed forthwith with the County of San Bernardino Clerk
21
f the Board of Supervisors certifying the Commission's compliance with the California
nvironmental Quality Act in preparing and adopting the Final Environmental Impact Report for
erged Area A, the Statement and the Mitigation Monitoring and Reporting Program. A copy of the
otice of Determination will be forwarded to the State Office of Planning and Research pursuant to
18
19
20
22
EQA Guidelines Section 15094.
23 Section 15.
24 /1/
25 //1
26 /1/
27 //1
28 //1
The Resolution shall become effective immediately upon its adoption.
13
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1
2
3
4
5
6
7
8
9
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMP ACT REPORT FOR THE MERGED, AMENDED
AND REST A TED REDEVELOPMENT PLAN FOR THE SAN BERNARDINO
MERGED REDEVELOPMENT PROJECT AREA A FOR THE PROPOSED
MERGER OF THE CENTRAL CITY NORTH, SOUTHEAST INDUSTRIAL
PARK, TRI-CITY, SOUTH VALLE, MEADOWBROOK/CENTRAL CITY,
CENTRAL CITY SOUTH AND CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREAS; MAKING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM; AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a
meeting
, 20 I 0, by the following vote to wit:
Nays
Abstain
Absent
Secretary
22 The foregoing Resolution is hereby approved this
day of
,2010.
23
24
25
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
26 Approved as to Form:
27
28 By: Ei~:J,a{;\.(ctfL/!IO {~k47"'---"
Ag~ncy Counsel I /./
14
P:lAgendasIResolutionsIResolutions\2010112-06-10 Merged Area A Program EIR. CDC Reso Con't.doc
1
2
Exhibit "A"
3
Statement of Facts and Findings
and
Statement of Overriding Considerations
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15
P:lAgendaslResolutionslResolutionsl201 0\1 2-06-10 Merged Area A Program EIR, COC Reso Con't.doc
STATEMENT OF FACTS AND FINDINGS
AND
STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING THE ENVIRONMENTAL EFFECTS
FOR THE
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
SAN BERNARDINO MERGED AREA A -
MERGER AND AMENDMENTS PROJECT
SCH No. 2009111089
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
TABLE OF CONTENTS
1.0 INTRODUCTION............. ................... .......... ........... ....... ...... ................ ....... ................ .... 1
2.0 PROJ ECT SUM MARy.... .............................. ........................................ ..........................3
2.1 Project Description........................................... ........ ..................... ........... .... ........3
2.2 Project Goals... ............................. ........................................... .......................... 15
3.0 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION .....................................17
3.1 Independent Judgment Finding.......................................... .......... ..................... 18
3.2 Findings on the Final Program EIR....................................................................19
3.3 General Finding on the Mitigation Measures......................................................20
3.4 Environmental Impacts and Findings..... ......... ...................................................21
3.5 Effects Determined to be Less Than Significant in the Initial Study/
Notice of Preparation......................................................................................... 22
3.6 Effects Determined to be Less Than Significant in the Final Program
EIR Requiring No Mitigation.......... ............. .............. .............................. ............ 25
3.7 Effects Determined to be Mitigated to Less Than Significant in the
Final Program EIR..................................................................................... ........28
3.8 Effects Which Remain Significant and Unavoidable in the Final Program
EIR after Mitigation and Findings.. ............................ ............... ................... .......56
3.9 Project Alternatives and Analysis................................... .................................... 64
3.10 Project Benefits................................................................................................. 69
3.11 Statement of Overriding Considerations............................................................ 72
3.12 Adoption of Mitigation Monitoring and Reporting Program for the Final
Program EIR Mitigation Measures...... .............................. ........... ...................... 74
OCTOBER 2010 Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
LIST OF TABLES
Table 1 Project Area Acreage... ............... ..................... ......................................;.:.... .......4
Table 2 Proposed Merger and Amendment Actions......................................................... 5
Table 3 Redevelopment Potential Within Project Area ...................................................13
Table 4 Identified Near-Term Redevelopment Projects .................................................14
OCTOBER 2010 Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
1.0 INTRODUCTION
The California Environmental Quality Act (the "CEQA'J, Public Resources Code Section 21000
et seq., and the implementing regulations set forth that Title 14 California Code of Regulations
Section 15000 et seq. (the "CEQA Guidelines") require that a Lead Agency issue two sets of
findings prior to approving a project that will generate a significant impact on the environment.
The Statement of Facts and Findings is the first set of findings, in which the Lead Agency
identifies the significant impacts, presents facts supporting the conclusions reached in the
analysis, makes one or more of three findings for each impact, and explains the reasoning
behind the agency's findings.
The following Statement of Facts and Findings has been prepared in accordance with CEQA
Section 21081. CEQA Guidelines Section 15091 (a) provides that:
No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the project
unless the public agency makes one or more written findings for each of those
significant effects, accompanied by a brief explanation of the rationale for each finding.
There are three possible finding categories available for the Statement of Facts and Findings
pursuant to CEQA Guidelines Section 15091 (a):
(1) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other
agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the final EIR.
The Statement of Overriding Considerations is the second set of findings. Where a project will
cause unavoidable significant impacts, the Lead Agency may still approve a project where its
benefits outweigh the adverse impacts. Further, as provided in the Statement of Overriding
Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced
against effects, and approves the project.
The Community Development Commission of the City of San Bernardino (the "Commission")
acting on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency"),
the CEQA Lead Agency, has, by resolution, found and declared that the San Bernardino
Merged Area A - Merger and Amendments Environmental Impact Report (the "EIR") has been
completed in compliance with CEQA and the CEQA Guidelines. The Commission, by
resolution, has found and certified that the EIR was reviewed and information contained in the
OCTOBER 2010
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
EIR was considered prior to approving the San Bernardino Merged Area A - Merger and
Amendments herein referred to as the Project (the "Project").
Based upon its review of the EIR, the Lead Agency has found that the EIR is an adequate
assessment of the potentially significant environmental impacts of the Proposed Project,
represents the independent judgment of the Commission, and sets forth an adequate range of
alternatives to this Project.
The Final EIR is composed of the following elements:
. The San Bernardino Merged Area A - Merger and Amendments Draft Environmental
Impact Report (June 2010);
. Responses to Comments;
. Errata for the Final EIR; and
. Mitigation Monitoring and Reporting Program.
Terms used in the Statement of Facts and Findings and the Statement of Overriding
Considerations have the meanings set forth in the EIR unless otherwise expressly provided
therein.
OCTOBER 2010
2
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
2.0 PROJECT SUMMARY
2.1 PROJECT DESCRIPTION
ENVIRONMENTAL LOCATION AND SETTING
The proposed San Bernardino Merged Area A Merger & Amendments Project (the "Proposed
Project") is generally located in the southeast portion of the City of San Bernardino east of
Interstate 215 (the "1-215") from 8th Street to the Interstate 10 (the "1-10") interchange, and also
along 1-10 from the 1-215 interchange to Mountain View Avenue. A portion of the Southeast
Industrial Park Project Area is located west of the 1-215 and the South Valle Project Area is
located south of 1-10. In addition, a portion of the Tri-City Project Area is located along Del
Rosa Drive between Baseline and 6th Street.
PROJECT OVERVIEW
The Proposed Project is intended to accomplish the following:
. Merge and increase both the total amount of tax increment revenue the Agency may
collect and the total amount of bonded indebtedness which can be outstanding at one
time within Merged Area A;
. Update and expand the capital improvement projects list for Merged Area A;
. Extend by ten years the effectiveness of the Redevelopment Plans and the time to
collect tax increment revenue from the Meadowbrook/Central City and Central City
North Project Areas;
. Amend the existing Redevelopment Plans to merge the Meadowbrook/Central City,
Central City North, Central City South, Central City East, Southeast Industrial Park, Tri-
City, and South Valle Project Areas for financial reasons and as allowed by the
California Community Redevelopment Law (the "CRL") Health and Safety Code Section
33000, et seq.;
. Adopt a single Merged, Amended, and Restated Redevelopment Plan for the proposed
Merged Area A.
The 2010 Merged Plan has been prepared by the Agency pursuant to Redevelopment Law, the
California Constitution, and all applicable laws and ordinances. It does not present a specific
plan for the redevelopment, rehabilitation, and revitalization of any area within Merged Area A;
instead, it establishes a process and framework for implementation.
Additional details regarding the Proposed Project are providing in the following sections.
OCTOBER 2010
3
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
MERGER AND AMENDMENTS
In accordance with the California Community Redevelopment Law (CRL) (Health and Safety
Code Section 33000 et seq.), the Agency is proposing various redevelopment plan
amendments and the merger of seven of the Agency's Project Areas (the "Project Areas"). The
seven Project Areas under consideration include Central City North, Southeast Industrial Park,
Tri-City, South Valle, Meadowbrook/Central City, Central City East, and Central City South,
collectively referred to as "Merged Area A" and individually referred to as "Project Area" (refer to
Table 1, Proiect Area Acreaae). As part of the Merger and Amendments, the Agency is
proposing to adopt a single Merged, Amended, and Restated Redevelopment Plan for Merged
Area A (the "2010 Merged Plan").
Table 1
Project Area Acreage
Redevelopment Project Area Acreage Including
Public Riaht.of.Wav1
Central City North 278
Southeast Industrial Park 870
Tri-City 378
South Valle 289
Meadowbrook/Central City Projects
Central City East 1,008
Central City South
Total 2,823
Notes:
1. Acreage includes public right-ot-way and may vary trom acreage (exclusive ot public right-ot-
wav) reoorted in the Aaency's Five Year Imolementation Plan.
Table 2, Proposed Meraer and Amendment Actions, summarizes the proposed merger and
redevelopment plan amendments (the "Merger and Amendments") under consideration by the
Commission and the Mayor and Common Council of the City of San Bernardino (the Mayor and
Common Council"). These actions include the following:
. Merge Project Area
. Tax Increment & Bonded Indebtedness Cap
. Capital Projects
. 10-Year Extension
. Single Merged, Amended and Restated Plan
OCTOBER 2010
4
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
Table 2
Proposed Merger and Amendment Actions
Type of Redevelopment Plan Action
Tax
Increment &
Merge Bonded Single-Merged,
Project Indebtedness Capital 10-Year Amended, an(i
Project Area Areas Cap Projects Extension Restated Plan
Central City North ./ ./ ./ ./ ./
Southeast Industrial Park ./ ./ ./ ./
Tri-City ./ ./ ./ ./
South Valle ./ ./ ./ ./
Meadowbrook/Central City ./ ./ ./ ./ ./
Central City East ./ ./ ./ ./
Central City South ./ ./ ./ ./
AMENDMENT TO INCREASE THE TAX INCREMENT AND BONDED
DEBT LIMITATION
CRL Section 33354.6(a) sets forth that when a redevelopment agency proposes a
redevelopment plan amendment to increase the limitation on the number of dollars to be
allocated to the Project Area, or the amount of bonded debt that can be outstanding at anyone
time, the agency shall follow the same procedure, and the legislative body is subject to the
same restrictions, as when adopting a new redevelopment plan.
Furthermore, CRL Section 33354.6(b) specifies that when an agency proposes such
amendments, it shall describe and identify the following in the amendment documents: the
remaining blight within the Project Area; the portions, if any, that are no longer blighted; the
projects that are required to be completed to eradicate the remaining blight; and the relationship
between the costs of those projects and the amount of increase in the limitation on the number
of dollars to be allocated to the agency. The ordinance adopting such an amendment must
contain findings that both (1) significant blight remains within the Project Area and (2) the blight
cannot be eliminated without the establishment of additional debt and the increase in the
limitation on the number of dollars to be allocated to the redevelopment agency.
The Agency is proposing single cumulative limits for both the tax increment limitation and the
bonded indebtedness limitation for Merged Area A.
OCTOBER 2010
5
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
AMENDMENT TO ADD PUBLIC IMPROVEMENT PROJECTS TO 2010
MERGED PLAN
Under CRL Section 33354.6, the legislative body may amend a redevelopment plan to add
significant capital improvement projects as determined by the redevelopment agency. To add
such capital improvement projects, an agency must follow the same procedures as adopting a
new redevelopment plan. The Agency is both amending the capital project lists for the
individual Project Areas into one merged list, as well as adding new capital projects for Merged
Area A.
AMENDMENT TO EXTEND THE EFFECTIVENESS AND TERM TO
RECEIVE TAX INCREMENT BY 10 YEARS
The Agency wishes to pursue the extension of the effectiveness of the Central City North and
Meadowbrook/Central City Project Areas. These Project Areas will reach their effectiveness
time limit in the near future. Once the effectiveness limit is reached, implementation activities
(except for inclusionary housing) within the Project Areas must cease and funds can only be
spent on administering debt associated with the Project Areas. Therefore, the Agency wishes
to pursue the 10-year amendment to extend the effectiveness and time period to receive tax
increment for these two Project Areas. This amendment will further the Agency's ability to
financially support needed redevelopment projects and programs in Merged Area A.
The City's existing Housing Element (adopted July 2003) is currently being updated. A draft of
the updated Housing Element has been submitted to the Department of Housing and
Community Development (the "HCD") for their mandatory review for compliance with State law.
Following HCD review and any updates to the draft Housing Element, the City will hold public
hearings to adopt the Housing Element.
As such, the 10-year amendments as previously identified for the Central City North and
Meadowbrook/Central City Project Areas will not be undertaken at this time, but would be
subject to a subsequent amendment after the Housing Element is adopted by the City and
certified by HCD.
Pursuant to CRL Section 33333.10, the Mayor and Common Council must make findings that
significant blight remains in the two Project Areas that cannot be eliminated without extending
the effectiveness of the redevelopment plan and the time limit to receive tax increment. The
1 O-year amendment would require the Agency to follow the same procedure required to adopt a
new redevelopment project, and adhere to the additional requirements prescribed by the CRL
to complete this particular type of amendment. Significant blight does not have to be prevalent
throughout the two Project Areas, though tax increment may only be spent in areas where
blighting conditions are identified or where non-blighted parcels are deemed necessary and
essential. This requirement for spending tax increment generated in the Project Area in this
restricted manner commences only after the original effectiveness limit has expired.
An important outcome of the 10-year amendment is the requirement that commencing the first
fiscal year after the amendment is adopted, the Project Areas must deposit a total of 30% (a
10% increase) of the tax increment revenue received (from the Project Areas) into the Agency's
6
Statement of Facts and Findings
Statement of Overriding Considerations
OCTOBER 2010
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
Low and Moderate Income Housing Fund (the "Housing Fund"). The requirement limiting
where funds may be spent after the 10-year amendment does not include expenditures from
the Housing Fund.
Additionally, the CRL contains a list of other requirements that must be met for the Agency to
extend the effectiveness and tax increment time limitations for the Central City North and
Meadowbrook/Central City Project Areas. The Mayor and Common Council must not only
make the required findings of blight noted above, but prior to the Mayor and Common Council's
consideration of the amendment ordinance, the Commission must adopt a resolution that
makes the following findings:
. The community has an adopted housing element certified by the State of California
Department of Housing and Community Development;
. The Agency has not been in major violation of the State Controller's annual reporting for
the past three fiscal years; and
. The Agency has written a request to and received a response from the State
Department of Housing and Community Development stating that the Agency does not
have an excess surplus in its Housing Fund.
PROJECT AREA MERGER
CRL Section 33485 states that "Mergers of project areas are desirable as a matter of public
policy if they result in substantial benefit to the public and if they contribute to the revitalization
of blighted areas through the increased economic vitality of those areas and through increased
and improved housing opportunities in or near such areas." Furthermore, CRL Section 33486
states that project areas may be merged, without regard to contiguity of the areas, by the
amendment of each affected redevelopment plan as provided in CRL Section 33450. Before
adopting the ordinance amending each affected redevelopment plan, the Mayor and Common
Council must find, based on substantial evidence, that both of the following conditions exist:
1. Significant blight remains within one of the project areas being merged.
2. This blight cannot be eliminated without merging the project areas and the receipt of
property taxes.
PROJECTS AND PROGRAMS TO ELIMINATE BLIGHT
This section provides a description of the projects or programs proposed to eliminate the
remaining blight, how they will improve the conditions of blight, and the reasons why the
projects or programs cannot be completed without the Merger and Amendments.
While the Agency has been effective in eliminating blight through public facilities and
infrastructure improvements, site acquisition and clearance, and new construction and
rehabilitation projects, significant blight remains prevalent throughout Merged Area A, as
detailed in Section A of the Preliminary Report. The Agency will continue to carry out
consistent projects and programs in Merged Area A, but seeks to augment its financial capacity
OCTOBER 2010
7
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
to continue to implement a corridor-based approach to the elimination of blight. Rather than
focusing on piecemealed projects within individual Project Areas, the Agency's focus is to
address blighting conditions along key corridors in Merged Area A (e.g., Waterman Avenue,
Baseline Street, Arrowhead Avenue, Hospitality Lane, Orange Show Road), and invest in the
revitalization of the City's "Downtown Core." The Downtown Core is generally bound by 6th
Street to the north, Waterman Avenue to the east, the 1-215 Freeway to the west, and Rialto
Avenue to the south. It encompasses the southern half of Central City North, almost all of
Central City East and Meadowbrook/Central City, and a northern portion of Central City South.
DOWNTOWN CORE VISION/ACTION PLAN
The Downtown Core is currently home to local, regional, state, and federal government centers
(e.g., City Hall, County administrative offices, Courthouse, IRS, Consulate General of Mexico),
the San Bernardino Convention Center, an emerging Theater District, Carousel Mall,
educational and workforce development centers, a public transportation hub, Seccombe Lake,
affordable housing, and other new development projects. To cast a strategic vision for the
revitalization of the Downtown Core, the City and Agency recently completed the Downtown
Core Vision/Action Plan in summer 2009, which created a visual simulation of the Downtown
Core's redevelopment potential. Key elements of the Downtown Core Vision/Action Plan
include a new inter-governmental civic center complex, a courthouse building, a night-time
entertainment Theater District with retail and restaurant uses, a transit village, Court Street
Square, a Main Street retail corridor, a new hotel to complement the Convention Center, and
new Seccombe Lake and Meadowbrook Park residential and mixed-use development projects.
The Downtown Core Vision/Action Plan casts a long-range revitalization strategy that will
require significant public-private investment and redevelopment tax increment financing to
assemble land for development, upgrade public infrastructure and utility systems to meet
increased service demands, create new parks and public transportation systems to serve future
residents and visitors, and build affordable housing to create a balanced community. The
catalyst projects and accompanying infrastructure improvements envisioned by the Downtown
Core Vision/Action Plan will eliminate blighting conditions by creating jobs, increasing income
levels, assembling and redeveloping blighted properties, replacing aged infrastructure,
addressing incompatible uses, increasing property values, remediating environmentally
contaminated sites, reducing office and retail vacancies, creating needed commercial facilities,
and addressing uses that contribute to the threat to the public health, safety, and welfare of
residents in Merged Area A.
The proposed Merger and Amendments will allow the Agency to leverage and pool tax
increment revenues from the affected Project Areas to implement the Downtown Core
Vision/Action Plan for the benefit of the entire Merged Area A. New tax increment revenues
generated from increased property values resulting from property revitalization can be invested
toward additional public improvements in the Downtown Core and other parts of Merged Area
A. The Agency estimates $75 million in project costs for implementation of the Downtown Core
Vision/Action Plan through the life of the 2010 Merged Plan. The proposed 10-year extensions
of the Central City North and Meadowbrook/Central City Project Areas are needed to: (1) allow
sufficient time for the Agency to implement the long-range objectives of the Downtown Core
Vision/Action Plan in those Project Areas, particularly given the current temperature of the real
estate market; and (2) create sufficient financing capacity in those Project Areas as
OCTOBER 2010
8
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
redevelopment proceeds to finance public facilities and infrastructure upgrades and facilitate
key catalytic development projects. The proposed increases in the Agency's limitations on tax
increment collection and bonded indebtedness will ensure that the Agency has sufficient
financing capacity to fund redevelopment activities throughout Merged Area A, including the
Downtown Core.
Given the current economic climate and troubling trends in the real estate market,
implementation of major programs like the Downtown Core Vision/Action Plan cannot
reasonably be expected to occur either by private enterprise or governmental action alone, but
only by leveraging the unique redevelopment powers and financing capabilities of the Agency to
create public-private enterprise activities. This is especially true now as the City struggles to
address its own general fund budgetary gap. With little to no new revenue streams available to
implement the Downtown Core Vision/Action Plan, the City will rely heavily on the Agency to
secure funding for next steps under the Plan. With increased financial responsibility to carry
out major projects and programs in Merged Area A, the proposed Merger and Amendments is
necessary to ensure the Agency has adequate financial capacity and tools to see these
revitalization activities through to successful completion.
PROJECTS AND PROGRAMS
In addition to Downtown Core revitalization, the Agency proposes to eliminate blight throughout
Merged Area A through the implementation of the following projects and programs along key
corridors and at prime opportunity sites. The projects and programs are taken from Exhibit C,
Project List, in the Merged, Amended and Restated Redevelopment Plan for San Bernardino
Merged Redevelopment Project Area A, and ones that may be undertaken by the Agency.
These projects and programs are not listed in order of priority and may change from time to
time. In addition, the following projects and programs reflect the proposed capital
improvements projects that are required to be identified in the 2010 Merged Plan.
Public Facilities and Infrastructure Improvements
These projects and programs involve the replacement and upgrading of public facilities and
infrastructure to support existing uses and new development. Redevelopment activities include
circulation upgrades and street improvements, parks and recreation/community centers, public
safety improvements, infrastructure assessments/plans, utility improvements (e.g., sewer main
replacement/relocation, high groundwater table/liquefaction mitigation), flood control, bikeways
and trails, and noise attenuation. The Agency estimates $50 million in project costs for public
facilities and infrastructure improvements through the life of the 2010 Merged Plan.
Environmental Conservation
These projects and programs seek to increase the long-term viability, relevance, and cost-
effectiveness of existing and future buildings in Merged Area A. Redevelopment activities
include solar and geothermal building retrofits, research and development, and studies and
plans. The Agency estimates $10 million in project costs for environmental conversation
programs through the life of the 2010 Merged Plan.
OCTOBER 2010
9
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
Environmental Remediation and Brownfields Revitalization
These projects and programs seek to mitigate environmental threats to public health and
safety, and transform contaminated, underutilized properties, otherwise known as "brownfields,"
into productive assets of the community. In 2008, the Agency was selected t6 receive two
separate grants from US EPA for Communitywide Brownfields Assessments to inventory
brownfield sites and conduct Phase I and Phase II Environmental Site Assessments on priority
sites with high revitalization potential. These grants can ideally be used by redevelopment
agencies as "seed money" to create comprehensive, proactive brownfield revitalization
programs. The Agency also possesses unique powers under the Polanco Redevelopment Act
(CRL Sections 33459-33459.8) to transfer and mitigate legal and financial liabilities that would
otherwise deter a property owner or developer from seeking to better utilize brownfield sites.
Redevelopment activities under this project/program, include community outreach, grant
funding, and implementation of the sbX Bus Rapid Transit Project, an interagency effort with
Omnitrans, the regional transportation authority, to implement a bus rapid transit system that
would traverse and interconnect 15.7 miles of the City, many portions of which include right-of-
ways containing environmental pollutants regulated by federal and state oversight agencies.
The Agency estimates $3 million in project costs for environmental remediation and brownfields
revitalization through the life of the 2010 Merged Plan.
Land Use Planning to Guide Redevelopment
These projects and programs involve updates to land use goals, plans, and policies needed to
effectively implement the Agency's redevelopment activities. For example, while the Downtown
Core Vision/Action Plan provides a visual simulation of the City's Downtown revitalization goals,
it does not update the City's existing General Plan designations or zoning to set forth new
development standards and design guidelines necessary to implement the vision. Preparation
of a Downtown Core Specific Plan or Overlay would provide the needed updates. Land use
plans also provide the framework for planning and financing infrastructure upgrades that will
support new development. The Agency estimates $2 million in project costs for land use
planning through the life of the 2010 Merged Plan.
Public Transit
These projects and programs seek to increase public transit systems through Merged Area A.
Most notably, a key priority for the Agency will be the ongoing collaboration with Omnitrans to
implement the sbX Bus Rapid Transit Project. Redevelopment activities include sbX line right-
of-way improvements, sbX stops, transit stations, and transit-oriented development projects.
The Agency estimates $15 million in project costs for public transit through the life of the 2010
Merged Plan.
Infill Development Projects and Affordable Housing
These projects and programs involve site clearance, land assembly, and development of infill
projects in Merged Area A, including affordable housing. Redevelopment activities include
property acquisition, studies and plans, and public facilities and infrastructure improvements to
support infill projects. The Agency estimates $75 million in project costs for infill development
and affordable housing through the life of the 2010 Merged Plan.
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Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
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Economic Development Activities
These projects and programs seek to complement the Agency's goals for urban revitalization
by supporting economic development activities to expand and attract businesses to Merged
Area A, and provide small business assistance and development. Redevelopment activities
include fayade improvement programs, business outreach, Enterprise Zone administration, and
efforts to augment benefits provided through the Small Business Administration 7(a) Loan
Program. The Agency estimates $20 million in project costs for economic development
activities through the life of the 2010 Merged Plan.
PROJECT AREA REDEVELOPMENT POTENTIAL
As part of the redevelopment process it is anticipated that additional development will occur
within this part of the City. Existing development within the Project Area includes commercial
(hospitality, general and regional commercial, auto-oriented commercial, and service
commercial uses), industrial (distribution, manufacturing, warehousing) school/civic/institutional,
residential (single- and multi-family), and public facilities uses. In addition, a significant portion
of the Project Area is undeveloped (approximately 460 acres), including vacant developable
land and areas along the Santa Ana River reserved for flood control purposes. Of the
approximately 460 acres identified as vacant, it is estimated that approximately 265 acres of
land is considered developable due to lack of constraints (Le. designated as open space,
located within a 1 OO-year floodplain, undevelopable due to a physical condition).
Redevelopment of these properties, excluding those areas that have development constraints,
is anticipated to occur, which would increase demand for public services and utility
connections/services within this part of the City. At this time, all development will remain
consistent with the existing General Plan land use and Zoning designations within the Project
Area. Therefore, the Proposed Project will be consistent with the City's General Plan goals and
policies upon implementation. Table 3, Redevelopment Potential Within Proiect Area, identifies
the amount of potential commercial, industrial, and residential development that could occur
subsequent to the adoption of the Proposed Project. This development potential was
calculated in two ways: 1) vacant land and 2) specific redevelopment projects.
VACANT LAND ANALYSIS
Based on the vacant parcels identified in the Preliminary Report prepared by RSG (January
2010), RBF identified the vacant parcels that were considered undevelopable due to a physical
(located within a floodplain) or regulatory (zoned for open space) constraint. Once all vacant
developable parcels were identified, RBF confirmed the identified General Plan land use and
zoning designations for these parcels with City Staff, which provided a basis to assess the
development potential within each property. This analysis determined the following
development potentials could be developed on the 265 acres of vacant land within the Project
Area:
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Statement of Overriding Considerations
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. Approximately 3.22 million square feet of commercial and office uses 1
. Over 500,000 square feet of industrial uses
. 788 multi-family residential units
A detailed table identifying the development potential for each of the seven redevelopment
areas within the Project Area is provided in Appendix G, Vacant Land Development Potential.
IDENTIFIED NEAR-TERM REDEVELOPMENT PROJECTS
Based on current discussions with potential developers and property owners within the Project
Area, preparation/recent adoption of plans/projects within the Project Area, and the Agency's
goals/plans for eliminating blight and expanding jobs/housing opportunities throughout this part
of the City, Agency staff has identified several redevelopment projects likely to develop within
the foreseeable future. These projects are listed in Table 4, Identified Near-Term
Redevelooment Proiects. In addition to the redevelopment of the vacant parcels within the
Project Area, the development potential of identified redevelopment projects within the Project
Area is:
. 667,000 square feet of retail/general commercial use
. 1.49 million square feet of commercial office use
. 300,000 square feet of commercial lodging uses
. 355 multi-family residential units
As indicated in Table 4 some of the projects are associated with larger projects that are
currently being designed, planned, and/ or constructed within the Project Area or vicinity.
Includes development potential for commercial retail and office uses along or near Hospitality Lane within the
Tri-City and Southeast Industrial Park Project Areas.
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Statement of Overriding Considerations
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Table 3
Redevelopment Potential Within Project Area
Commercial
Development RetaiU
Potential General Office Lodaina Industrial Residential Notes
Vacant Land Analvsis
Vacant Land
Analysis1 2,309,894 SF 909,780 SF 518,916 SF 788 DU
Identified Redevelo ment Projects
Carousel Mall
Redevelopment
Project 377,000 SF 800,000 SF 300,000 SF 750 DU
Heritaqe Square 30,000 SF
Redevelopment of
Former Military
Facilities at 3rd &
Waterman 90,000 SF
Seccombe Lake
Villaqe 50,000 SF 125 DU
Arrowhead Credit Accommodate
Union 1000+
Headquarters employees
Campus 25,000 SF 190,000 SF (225 new)
Theater District
Implementation 25,000 SF
Intermodal Station
and Transit-
Oriented
Development 75,000 SF 500,000 SF 170 DU
TOTAL 2,981,894 SF 2,399,780 SF 300,000 SF 518,916 SF 1 ,833 DU
Notes:
1. Includes development potential for commercial retail and office uses along or near Hospitality Lane within the Tri-City and Southeast
Industrial Park Project Areas.
SF = sauare feet; DU = dwellina unit
In total, the redevelopment potential within the Project Area is:
. 5,681,674 square feet of commercial (retail, general, office, lodging) uses
. 518,916 square feet of industrial uses
. 1,833 multi-family residential units
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Statement of Overriding Considerations
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Table 4
Identified Near-Term Redevelopment Projects
Activity DescriDtion Proiect Area(s)
Carousel Mall Redevelopment Project: Investigate possible new uses at Carousel Central City Projects
Mall as identified in the Downtown Core Vision/Action Plan, including a potential new
Qovernment center and urban retail and housinQ uses to complement existinQ retail.
Heritage Square: Develop Court Street as the "Heritage Square" District as identified Central City North
by the Downtown Core Vision/Action Plan.
Redevelopment of Former Military Facilities: Enter into an agreement with a Central City Projects
developer for demolition/site clearance of former military facilities at Third Street and
Waterman Avenue for neiQhborhood-supportinQ retail uses.
Seccombe Lake Village: Development of 12.5 acres of land into mixed use Central City Projects
development of high and low density residential and retail on the northeast corner of
Sierra Avenue and 5th Street.
Arrowhead Credit Union Headquarters Campus: Continue to work with Arrowhead Central City Projects
Credit Union for relocation of corporate facilities. Arrowhead Credit Union has acquired
undeveloped and dilapidated properties to the west of the above site to provide
additional space for a third building for the Arrowhead Central Credit Union Corporate
headquarters campus site.
Theater District Implementation: Studies, improvements, and implementation Central City North
activities to create a Downtown Theater District and development of retail/restaurant
pads.
sbX Implementation: Facilitate implementation of the sbX Bus Rapid Transit Project Central City North/ Central City
in the Downtown Core, including transit-oriented development and brownfields Projects/ ALL
assessment! remediation.
Intermodal Transit Station: Design and construction of an Intermodal Transit Station
located at the Southwest corner of Rialto and E Street on a vacant 4.5-acre parcel to
replace current bus transit mall along 4th Street.
sbX Transit-Oriented Development: Study and enter into development agreements
for transit-oriented development proiects alonQ the sbX line.
PHASING
Individual improvement and redevelopment projects would occur in incremental phases over
time, based largely on economic considerations, financial feasibility, infrastructure
improvements, market demand, and other planning considerations. The phasing and exact
details of each project would be evaluated by the Agency on a case-by-case basis.
AGREEMENTS, PERMITS, AND APPROVALS
Following a determination that the Final EIR is adequate and certification of the Final EIR by the
Commission, a Notice of Determination (the "NOD") would be issued by the Agency. In
addition, adoption of the proposed San Bernardino Merged Area A Merger & Amendments
would be the responsibility of the Mayor and Common Council. Redevelopment projects, to the
extent not already analyzed in accordance with the Proposed Project, could be subject to
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Statement of Facts and Findings
Statement of Overriding Considerations
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Environmental Impact Report
additional environmental review on an individual basis, in accordance with the provisions of
CEQA Guidelines Section 15168, as determined by the Agency.
2.2 PROJECT GOALS
Implementation of the proposed Merged, Amended, and Restated Redevelopment Plan for
Merged Area A is intended to achieve the following goals:
. Eliminate and prevent the spread of conditions of blight, including but not limited to
underutilized properties and deteriorating buildings, incompatible and uneconomic land
uses, deficient infrastructure and facilities, obsolete structures, parking deficiencies and
other economic deficiencies, in order to create a more favorable environment for
commercial, industrial, office, residential, and recreational development.
. Encourage the cooperation and participation of residents, businesses, public agencies,
and community organizations in the economic revitalization of Merged Area A.
. Promote the economic development of Merged Area A by providing an attractive, well-
serviced, well protected environment for residents and visitors.
. Develop property within a coordinated land use pattern of residential, commercial,
industrial, recreational, and public facilities in Merged Area A consistent with the goals,
policies, objectives, standards, guidelines, and requirements, as set forth in the City's
adopted General Plan and Zoning Code.
. Implement design and use standards to assure high aesthetic and environmental
quality, and provide unity and integrity to development within Merged Area A.
. Eliminate environmental deficiencies and inadequate public improvements, including but
not limited to inadequate street improvements and off-site parking, inadequate utility
systems, and inadequate public services and facilities.
. Develop efficient and safe circulation improvements for vehicles and pedestrians.
. Implement beautification activities to improve the visual image of the City as well as
reinforce existing assets and expand the potential of Merged Area A to encourage
private investment.
. Encourage, promote, and assist in the development and expansion of local commerce
and needed commercial and industrial facilities, including providing assistance to
finance facilities or capital improvements on property used for industrial or
manufacturing purposes to increase local employment and improve the economic
climate within Merged Area A.
. Remove impediments to land disposition and development through improved
infrastructure and public facilities, and the acquisition and assemblage of property into
usable sites for commercial, industrial, recreational, and public facility development.
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Statement of Overriding Considerations
OCTOBER 2010
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. Increase, improve, and preserve housing affordable to very low, low, and moderate
income households, as well as promote homeownership, consistent with the goals and
objectives of the community.
. Encourage the restoration and reuse of older, historic structures which add to the City's
character and sense of community identity.
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Statement of Overriding Considerations
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Environmental Impact Report
3.0 ENVIRONMENTAL REVIEW AND PUBLIC
PARTICIPATION
The Agency conducted an extensive review of this Project, which included a Draft EIR and a
Final EIR, along with a public review and comment period. The following is a summary of the
Agency's environmental review of this Project:
. Pursuant to CEQA Guidelines Section 15082, as amended, the Agency circulated a
Notice of Preparation (the "NOP") to public agencies, special districts, and members of
the public who had requested such notice for a 30-day period. The NOP and Initial
Study were submitted to the State Clearinghouse November 24, 2009, with the 30-day
review period ending on December 23, 2009.
. The NOP public review period ran for 30 days. The Agency accepted a number of
written comments from various interested parties. The scope of the issues identified in
the comments included potential impacts associated with traffic and circulation.
. The Draft EIR was distributed for public review and a Notice of Availability (the "NOA")
and Notice of Completion (the "NOC") was filed with the State Clearinghouse on June 2,
2010 to July 16, 2010, for a 45-day review period. The Draft EIR was also available on
the Agency's web page.
. The Agency received a total of four comment letters from public agencies. Additionally,
one verbal comment was received on the Final EIR during the Planning Commission
hearing of August 25, 2010. The Agency prepared specific responses to all written
comments. The comments and responses are contained in Section 13.0 of the Final
EIR. The Final EIR was also available on the Agency's web page.
. On August 25, 2010, the Planning Commission of the City of San Bernardino held a
noticed public hearing on the Final EIR. The Planning Commission staff report was also
posted on the City's web page.
In accordance with Public Resources Code Section 21092.5, the Agency provided written
responses to public agencies that commented on the Draft EIR.
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3.1 INDEPENDENT JUDGMENT FINDING
The Agency selected and retained RBF Consulting (the "RBF") to prepare the San Bernardino
Merged Area A - Merger and Amendments Program EIR. RBF prepared the EIR under the
supervision and direction of the Agency staff. All findings set forth herein are based on
substantial evidence in the record, as indicated, with respect to each specific finding.
Finding: The EIR for the Project reflects the Commission's independent judgment. The
Commission exercised independent judgment in accordance with Public Resources Code
Section 21082.1(c)(3) in retaining, on behalf of the Agency, its own environmental consultant,
and directing the consultant, through the Agency, in the preparation of the EIR. The
Commission has independently reviewed and analyzed the EIR and has found and determined
that the report reflects the independent judgment of the Commission.
The Commission has considered all the evidence presented in its consideration of the Project
and the EIR, including, but not limited to, the Final EIR, written and oral evidence presented at
hearings on the Project, and written evidence submitted to the Agency by individuals,
organizations, regulatory agencies and other entities. On the basis of such evidence the
Commission has found that with respect to each environmental impact identified in the review
process, the impact (1) is less than significant and would not require mitigation; or (2) is
potentially significant but would be avoided or reduced to less than a significant level by
implementation of identified mitigation measures; or (3) would be significant and not fully
mitigable but would be, to the extent feasible, lessened by implementation of identified
mitigation measures.
The EIR also identifies certain significant adverse environmental effects of the Proposed
Project which cannot be avoided or substantially lessened. Prior to approving this Project, the
Commission must also adopts a Statement of Overriding Considerations which finds, based on
specific reasons and substantial evidence in the record (as specified in Section 3.10 and
Section 3.11), that certain identified economic, social or other benefits of the Proposed Project
outweigh such unavoidable adverse environmental effects.
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3.2 FINDINGS ON THE FINAL PROGRAM EIR
Finding: The Commission has found and determined that the Final Program EIR has identified
and discussed significant effects which may occur as a result of the San Bernardino Merged
Area A Merger and Amendments for the merger as further set forth in Section 3.7 of the
Statement. With the implementation of the mitigation measures discussed in the Final Program
EIR, these effects can be mitigated to a level of less than significant as set forth in Section 3.7
of these Findings. However, there are certain other significant effects which either cannot be
fully mitigated or for which no feasible or practical mitigation currently exist, and these
unavoidable significant impacts are discussed in Section 3.8 of these Findings.
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3.3 GENERAL FINDING ON THE MITIGATION MEASURES
The Agency has reviewed the mitigation measures applicable to the San Bernardino Merged
Area A Merger and Amendments through their separate official actions and review processes
applicable to it as the Lead Agency.
In the event that the description of the mitigation measures set forth in the Mitigation
Monitoring and Reporting Program do not use the exact wording of the mitigation measures
recommended in the Final Program EIR, in each such instance, the mitigation measures in the
Mitigation Monitoring and Reporting Program are intended to be identical or substantially
similar to the recommended mitigation measures in the Final Program EIR. Any minor
revisions were made for the purpose of improving clarity or to better define the intended
purpose.
Finding: The Commission has adopted Findings to the effect that the mitigation measures
summarized in the Mitigation Monitoring and Reporting Program will reduce all potential
significant impacts of the Project to a level of less than significant, except as set forth in
Section 3.8 of these Findings. The Commission has duly adopted all mitigation measures
recommended in the Final Program EIR. The Commission has further adopted the Mitigation
Monitoring and Reporting Program for the San Bernardino Merged Area A Merger and
Amendments in the form as submitted to the Commission and the City of San Bernardino at
the public hearing when the Final Program EIR was considered.
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3.4 ENVIRONMENTAL IMPACTS AND FINDINGS
The detailed analysis of potential environmental impacts and proposed mitigation measures
for the Project, the Responses to Comments, and any revisions or omissions to the Draft
Program EIR are presented in the Final Program EIR.
The Final Program EIR evaluated 19 major environmental categories: Land Use; Population,
Employment and Housing; Aesthetics; Traffic; Air Quality; Noise; Biological Resources; Cultural
Resources; Geology and Seismic Hazards; Hazards and Hazardous Materials; Hydrology and
Water Quality; Fire Protection; Police Protection; School Facilities; Parks and Recreational
Facilities; Water; Wastewater; Solid Waste; and Electricity and Natural Gas for potential
significant unavoidable impacts, including cumulative impacts. Both project-specific and
cumulative impacts were evaluated. Of these 19 environmental categories, the Commission
has concurred with the conclusions in the Final Program EIR that, with exception to the issues
considered in Section 3.8 of these Findings, all of the other issues and sub-issues discussed in
these Findings can be mitigated below a significant impact threshold. For those issues which
cannot be mitigated below a level of significance (see Section 3.8 of these Findings), overriding
considerations exist that make the impacts acceptable. In addition to the 19 major
environmental categories addressed in the Final Program EIR, two other major categories
(Agricultural Resources, Mineral Resources) were found to be non-significant in the Initial Study
prepared for the Project. The Commission has concurred through its respective official actions
with the conclusions on these categories as outlined in the Initial Study (Appendix A of the Final
EIR) and have found that no significant impacts have been identified as to those categories
identified in the Initial Study and no further analysis is required.
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3.5
EFFECTS DETERMINED
SIGNIFICANT IN THE
PREPARATION
TO
INITIAL
BE LESS THAN
STUDY/NOTICE OF
The Agency conducted an Initial Study in November 2009 to determine significant effects of the
Proposed Project. In the course of this evaluation, certain impacts of the project were found to
be less than significant due to the inability of a Project of this scope to create such impacts or
the absence of Project characteristics producing effects of this type. The following effects were
determined not to be significant, and were not analyzed in the EIR; refer to Appendix A, Initial
Study and Notice of Preparation, of the Final EIR.
FINDING:
The Commission has found and determined that based on substantial evidence in the
record, the following impacts, to the extent they result from the project, will be less than
significant.
I. AESTHETICS
Have a substantial adverse effect on a scenic vista.
Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings,
and historic buildings within a state scenic highway.
II. AGRICULTURE RESOURCES
Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-agricultural use.
III. AIR QUALITY AND GLOBAL CLIMATE CHANGE
Conflict with or obstruct implementation of the applicable air quality plan (South Coast Air
Basin.
Create objectionable odors affecting a substantial number of people based on the information
contained in the Project Description Form.
IV. BIOLOGICAL RESOURCES
Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan.
V. GEOLOGY AND SOilS
Modify any unique physical feature based on a site survey/evaluation.
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Result in erosion, dust, or unstable soil conditions from excavation, grading, fill, or other
construction activities.
VI. HAZARDS AND HAZARDOUS MATERIALS
Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school.
Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan.
Expose people or structures to a significant risk of loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized areas or where residences are intermixed
with wildlands.
VII. HYDROLOGY AND WATER QUALITY
Substantially deplete groundwater supplies or interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer volume or a lowering of the local groundwater
table level (e.g., the production rate of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for which permits have been granted).
Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount of
surface runoff in a manner which would result in flooding on- or off-site.
Inundation by seiche, tsunami, or mudflow
VIII. LAND USE AND RELEVANT PLANNING
Physically divide an established community.
Conflict with any applicable Habitat Conservation Plan or natural community conservation plan.
Be developed within the Hillside Management Overlay District.
Be developed within Foothill Fire Zones, A, B, or C as identified in the City's General Plan.
IX. MINERAL RESOURCES
Result in the loss of availability of a known mineral resource that would be of value to the region
and the residents of the state.
Result in the loss of a locally important mineral resource recovery site delineated on a local
general plan, specifiC plan, or other land use plan.
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Be located in a Mineral Resource Zone as adopted by the State Mining and Geology Board and
identified in the City's General Plan.
X. NOISE
A substantial permanent increase in ambient noise levels in the project vicinity above levels
existing without the project.
A substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project.
XI. TRANSPORT A TION/TRAFFIC
Result in a change in air traffic patterns, including either an increase in traffic levels or a change
in location that results in substantial safety risks.
Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment).
Result in inadequate emergency access.
Result in inadequate parking capacity.
Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.,
bus turnouts, bicycle racks).
XII. UTILITIES AND SERVICE SYSTEMS
Comply with federal, state, and local statutes and regulations related to solid waste.
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3.6
EFFECTS DETERMINED TO
SIGNIFICANT IN THE FINAL
REQUIRING NO MITIGATION
BE LESS THAN
PROGRAM EIR
FINDING:
The Commission has found and determined that based on substantial evidence in the
record, the following impacts, to the extent they result from the project, will be less than
significant.
I. lAND USE
Consistency with land Use Plans, Policies, and Ordinances. The Proposed Project could
conflict with the City of San Bernardino 2005 General Plan.
Consistency with land Use Plans, Policies, and Ordinances. The Proposed Project could
conflict with the City of San Bernardino Development Code.
Consistency with land Use Plans, Policies, and Ordinances. Development Associated with
implementation of the Proposed Project could occur within the Airport Influence Area as
adopted by the San Bernardino International Airport Authority.
Cumulative Impacts. Implementation of the Proposed Project combined with other related
cumulative projects could result in cumulatively considerable Land Use and Planning Impacts.
II. POPULATION, EMPLOYMENT AND HOUSING
Population Growth. Implementation of the Proposed Project could increase the residential
population by 6,122 persons within the project area.
Employment Growth. Implementation of the Proposed Project could result in the addition of
6,200,590 square feet of non-residential development and 16,601 jobs within the project area.
Housing. Implementation of the Proposed Project could result in the addition of 1,833 dwelling
units within the project area.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to housing, population, and employment growth.
III. AIR QUALITY
Carbon Monoxide Hotspots. Implementation of the Proposed Project could facilitate
development that could not result in an overall increase in carbon monoxide hotspot emissions
within the City.
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IV. SOILS
Soil Erosion. Implementation of the Proposed Project could result in impacts related to soil
erosion or the loss of topsoil.
V. HAZARDS
Hazardous Materials Use, Generation, Emission, and Transport. Development associated
with implementation of the Proposed Project could result in an increased risk of upset
associated with the routine use, generation, and transport of hazardous materials or emit
hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste, which may potentially pose a health or safety hazard.
Airports. Development associated with implementation of the Proposed Project could result in
an increased hazard to the public or the environment in association with airport facilities.
VI. HYDROLOGY AND WATER QUALITY
Failure of a Levee or Dam. Implementation of the Proposed Project could expose people or
structures to a significant risk of loss, injury or death involving flooding, including flooding as a
result of the failure of a levee or dam.
VII. FIRE PROTECTION
Project Impacts. Implementation of the Proposed Project could result in the need for
additional fire protection services.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to fire protection services.
VIII. WATER
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to water resources including increased demand for water supplies and
infrastructure within the City.
IX. SOLID WASTE
Project Impacts. Implementation of the Proposed Project could potentially result in increased
solid waste generation in exceedance of landfill capacity.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to solid waste disposal services and landfill disposal capacity.
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X. ELECTRICITY AND NATURAL GAS
Electricity. Implementation of the Proposed Project could increase the demand for electricity
services and facilities.
Natural Gas. Implementation of the Proposed Project could increase the demand for natural
gas service and facilities.
Cumulative Impacts. Implementation of the Proposed Project combined with other related
cumulative projects could result in cumulatively considerable electricity and natural gas impacts.
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3.7 EFFECTS DETERMINED TO BE MITIGATED TO LESS
THAN SIGNIFICANT IN THE FINAL PROGRAM EIR
The Commission has reviewed and considered the information contained in the Final Program
EIR, the Technical Appendices and the administrative record, and facts and has found and
determined, pursuant to the Public Resources Code 21801 (a)(1) and CEQA Guidelines 15091
(a)(1) that changes or alterations have been required in, or incorporated to, the Proposed
Project, which would avoid or substantially lessen to below a level of significance the following
potentially significant environmental effects identified in the Final EIR in the following
categories:
. Aesthetics (short-term visual character, long-term visual character, light and glare,
cumulative project impacts)
. Noise (short-term construction, groundbourne vibration, long term operational, airport,
cumulative project impacts)
. Biological Resources (sensitive species, riparian habitat, Federally protected
wetlands, native or migratory fish, cumulative project impacts)
. Cultural (prehistoric archeological sites, historic archeological sites, historic buildings
and structures, subsurface archeological sites, cumulative project impacts)
. Geology and Seismic Hazards (earth movement, seismic groundshaking, seismic
related ground failure, cumulative project impacts)
. Hazardous Materials (accidental release of hazardous materials, railroad uses,
landfills, cumulative project impacts)
. Hydrology and Water Quality (water quality standards, erosion and siltation, polluted
runoff, degradation of water quality, housing within a 1 DO-year floodplain, structures
within a 1 DO-year floodplain, cumulative project impacts)
. Police (project impacts, cumulative project impacts)
. School Facilities ( project impacts, cumulative impacts)
. Parks and Recreational Facilities (project impacts, cumulative impacts)
. Water (project impacts)
. Wastewater (project impacts, cumulative project impacts)
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I. AESTHETICS
Short-Term Visual Character. Grading and construction activities associated with
development as a result of implementing the Proposed Project could temporarily degrade the
existing visual character or quality of the development site and their surroundings.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential visual impacts from grading and construction activities have been eliminated or
substantially lessened to a level of less than significant by virtue of the mitigation measures
identified in the EIR.
Mitigation Measures:
AES-1
Construction materials and equipment staging areas shall be located away from
residential or other sensitive uses and, when feasible, appropriate screening (Le.,
temporary fencing with opaque material) shall be used to buffer views of the
construction site. Staging locations shall be indicated on Final Development Plans
and Grading Plans.
AES-2
All construction-related lighting shall include shielding in order to direct lighting down
and away from residential or other sensitive uses and consist of the minimal wattage
necessary to provide safety at the construction site. A construction safety lighting
plan shall be submitted to the City for review concurrent with Grading Permit
application.
Long-Term Visual Character. Development associated with implementation of the Proposed
Project could degrade the existing visual character or quality of the development site and their
surroundings.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
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Facts in Support of Findings:
The potential physical blighting issues and visual character/quality conflicts resulting from
development associated with implementation of the Proposed Project have been eliminated or
substantially lessened to a level of less than significant "by virtue of the mitigation measure
identified in the EIR.
Mitigation Measure:
AES-3
Visual simulations depicting before (existing conditions) and after (with project
conditions) representations of the proposed buildings and landscaping shall be
required for future development projects, if deemed necessary by the City. The
visual simulations are intended to convey an impression of the location, scale, and
massing of the buildings to be constructed on a project site and to demonstrate the
potential effects of the project. The viewpoint locations for visual simulation shall be
determined by the Planning Division.
Light and Glare. Implementation of the Proposed Project could create a new source of
substantial light or glare which could adversely affect day or night views in the area.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential light and glare issues resulting from development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure included in the EIR.
Mitigation Measure:
AES-4
Future development projects shall be designed with lighting installed in locations and
orientations that minimize light spillover on adjacent residential or other sensitive
uses. All onsite lighting shall utilize directional lighting techniques and low wattage
bulbs that direct light downwards and minimize light spillover to adjacent residential
or other sensitive uses, without compromising site safety or security. Lighting
fixtures shall use shielding, if necessary, to prevent spill lighting on adjacent offsite
uses.
Cumulative Project Impacts. Implementation of the Proposed Project could result in
cumulatively considerable impacts related to aesthetics, light and glare, and shade and shadow.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative aesthetic impacts associated with the implementation of the Proposed
Project have been eliminated or substantially lessened to a level of less than significant by
virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures AES-1 through AES-4.
II. NOISE
Short-Term Construction Noise. Future development and improvements associated with
implementation of the Proposed Project could cause temporary construction related noise
levels in excess of established standards.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential short-term construction noise impacts as a result of development associated with
the implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
NOI-1 The following measures shall be implemented when construction is to be conducted
within 500 feet of any residential structures or has the potential to disrupt classroom
activities or religious functions.
. All construction equipment shall be equipped with mufflers and sound control
devices (e.g., intake silencers and noise shrouds) no less effective than those
provided on the original equipment and no equipment shall have an unmuffled
exhaust.
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. The City shall require that the contractor maintain and tune-up all construction
equipment to minimize noise emissions.
. Stationary equipment shall be placed so as to maintain the greatest possible
distance to the sensitive use structures.
. All equipment servicing shall be performed so as to maintain the greatest
possible distance to the sensitive use structures.
. The construction contractor shall provide an on-site name and telephone
number of a contact person. In the event that construction noise is intrusive to
an educational process, the construction liaison will revise the construction
schedule to preserve the learning environment.
. Trucks shall utilize a route that is least disruptive to sensitive receptors,
preferably major roadways, during any necessary off-site import/export of fill
material during construction.
Groundbourne Vibration. Construction-related activities resulting from implementation of the
Proposed Project could generate or expose persons or structures to excessive groundbourne
vibration.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential ground bourne vibration impacts as a result of development associated with the
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
NOI-2
Project applicants shall require by contract specifications that construction staging
areas along with the operation of earthmoving equipment within the City would be
located as far away from vibration and noise sensitive sites as possible. Should
construction activities take place within 25 feet of an occupied structure, a project
specific vibration impact analysis shall be conducted. Contract specifications shall
be included in the Proposed Project construction documents, which shall be
reviewed by the City prior to issuance of a grading permit.
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Long-Term Operational Impacts. Future development associated with implementation of the
Proposed Project could increase ambient noise levels from mobile and stationary sources in
excess of the established standards.
Findings
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential long-term operational impacts as a result of development associated with the
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
NOI-3
Prior to the issuance of building permits for any project that involves a noise
sensitive use within the 65 dBA CNEL contour along major roadways or freeway,
railroads, or the San Bernardino International Airport, the project property
owner/developers shall submit a final acoustical report prepared to the satisfaction of
the Planning Director. The report shall show that the development will be sound-
attenuated against present and projected noise levels, including roadway, aircraft,
helicopter and railroad, to meet City interior and exterior noise standards.
(Source: General Plan EIR Mitigation Measure GP 5.10-1)
Airport Noise Impacts. As the San Bernardino International Airport is located within the
project vicinity, future development associated with implementation of the Proposed Project
could expose people residing or working in the project area to excessive noise levels.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential airport noise impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measure identified in the EIR.
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Mitigation Measure: Refer to Mitigation Measure NOI-3.
Cumulative Noise Impacts. Cumulative short-term and operational noise as a result of
implementation of the Proposed Project could result in cumulatively considerable impacts.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative noise impacts associated with the implementation of the Proposed
Project has been eliminated or substantially lessened to a level of less than significant by virtue
of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures NOI-1 through NOI-3.
III. BIOLOGICAL RESOURCES
Sensitive Species. Implementation of the Proposed Project could affect species identified as
a candidate, sensitive, or special status species.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential sensitive species impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
810-1 A qualified biologist shall conduct a pre-construction nesting bird survey no more
than three days prior to the commencement of ground-disturbing activities on the
site. In the event breeding birds and their active nests are discovered on the project
site during construction, impacts to nesting locations shall be minimized by the
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B10-2
B10-3
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construction contractor pursuant to the California Fish and Game Code and the
Federal Migratory Bird Treaty Act.
Where an active bird nest is located by a qualified biologist, a 300-foot buffer (or
500-foot buffer for raptors and special-status bird species) shall be established
around it until the qualified biologist deems the nest inactive and there is no
evidence of a second attempt to use the nest. The buffer area shall be delineated
with orange construction fencing, and a qualified biologist shall verify the installation.
Most birds breed between the months of February and September; therefore, if
construction occurs outside of this time frame, there is a lower probability that
breeding birds would be impacted by construction-related activities.
A qualified biologist with a CDFG Scientific Collection permit and Memorandum of
Understanding shall conduct a series of 30-day preconstruction surveys for the
burrowing owl and San Bernardino kangaroo rat. The project applicant shall consult
with the CDFG regarding measures for reducing or avoiding impacts to these
species. The project applicant shall, if required by the CDFG, prepare a relocation
plan, which shall be approved by the CDFG. If the aforementioned species are
observed prior to construction, CDFG may require that the species be relocated by a
qualified biologist to an approved site with suitable habitat present. Survey and
relocation methods shall be approved by the CDFG prior to commencement of
grading. Future development shall comply with all applicable requirements of the
CDFG.
As applicable, future development shall be subject to the regulations set forth by
regulatory agencies as part of the jurisdictional permitting process. The ACOE and
CDFG shall require project applicants to explore alternatives to avoid or reduce
impacts and shall also require mitigation for all unavoidable impacts. The ACOE has
a "no net loss" policy that requires that any unavoidable impacts to stream values
and functions be replaced. In addition, the RWQCB shall add restrictions to control
runoff from the site, require on the site treatment of runoff to improve water quality,
and impose Best Management Practices on the construction. All of the features of
the project that shall address water quality issues shall be explained within the
Water Quality Management Plan and Stormwater Pollution Prevention Plan.
Riparian Habitat. Implementation of the Proposed Project could have an adverse effect on
riparian habitat or other sensitive natural communities.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
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2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential riparian habitat impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measures: Refer to Mitigation 810-3.
Federally Protected Wetlands. Implementation of the Proposed Project could have an
adverse effect on federally protected wetlands as defined by Section 404 of the Clean water
Act.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential wetland impacts as a result of development associated with the implementation of
the Proposed Project has been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation 810-3.
Native or Migratory Fish. Implementation of the Proposed Project could interfere with the
movement of native resident or migratory fish, or with wildlife corridors.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential impacts to native or migratory fish as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measure identified in the EIR.
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Mitigation Measure: Refer to Mitigation 810-3.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to biological resources.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative biological impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures 810-1 through 810-3.
IV. CUL rURAL RESOURCES
Prehistoric Archeological Sites. Implementation of the Proposed Project could result in the
destruction or alteration of prehistoric archeological sites.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential impacts to prehistoric archeological sites as a result of development associated
with the implementation of the Proposed Project have been eliminated or substantially lessened
to a level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
CR-1 Complete Archaeological Surveys of Undeveloped Properties. Prior to initiating any
ground disturbing activities on undeveloped (not covered by buildings, pavement, or
landscaping) properties, parcels, or city streets subject to redevelopment activities,
an archaeological records search and a field survey using transects no more than 15
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meters apart shall be completed. The results shall be provided to the City
Redevelopment Agency in a technical report.
CR-2 Complete Archaeological Test Program and Data Recovery. If a potentially eligible
archaeological site is identified as a result of the survey, an archaeological test
program shall be completed in order to provide information necessary to evaluate
the site for eligibility for the CRHR. The results of the test program and the
evaluation shall be provided to the City Redevelopment Agency in a technical report.
If evaluated as eligible and the City determines that the site is eligible, an
archaeological data recovery program, consisting of hand excavated units,
identification and cataloging of recovered material, and a report, shall be completed
for the portion of the site that will be impacted, unless project plans can be changed
to avoid impacts to the site.
Historic Archeological Sites. Implementation of the Proposed Project could result in the
destruction or alternation of historic archeological sites.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential historical archeological site impacts as result of development associated with the
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
CR-3 Carry Out Historical Research And Records Search. Prior to initiating any ground
disturbing activities on properties, parcels, or city streets subject to redevelopment
activities in the Central City North, Central City East, Meadowbrook/Central City, and
Central City South Project Areas, a records search shall be obtained from the San
Bernardino Archaeological Information Center and property-specific historical
research shall be conducted to determine the potential for subsurface historical
archaeological material. The historical research shall include, but not be limited to,
use of historical maps, Sanborn's Fire Insurance Maps, and County Assessor's
records. The results shall be provided to the Redevelopment Agency of the City of
San Bernardino in a technical report.
CR-4 Complete Archaeological Test Program and Data Recovery. If the results of the
archaeological research indicate that a potentially eligible historical archaeological
site may be present subsurface, an archaeological test program shall be completed
in order to provide information necessary to evaluate the site for eligibility for the
CRHR. If evaluated as eligible and the City determines that the site is eligible, an
archaeological data recovery program, consisting of hand excavated units,
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identification and cataloging of recovered material, and a report, shall be completed
for the portion of the site that will be impacted, unless project plans can be changed
to avoid impacts to the site. If an archaeological test program is not feasible
because the property is covered by buildings and structures, archaeological
monitoring shall be carried out during ground disturbing activities subsequent to
building demolition.
Historic Buildings and Structures. Implementation of the Proposed Project could result in
the destruction of alteration of historic buildings and structures.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential historical buildings and structure impacts as a result of development associated
with the implementation of the Proposed Project have been eliminated or substantially lessened
to a level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
CR-5 Identify Historical Buildings More than 50 Years Old. Prior to demolition or alteration
of buildings or structures more than 50 years old in the Central City North, Central
City East, Meadowbrook/Central City, Central City South, and South Valle Project
Areas, a building inventory shall be completed by an architectural historian to
determine which buildings are more than 50 years old. The age of the buildings may
be determined through historical research or by assessing architectural
characteristics. Once this inventory has been completed, if a significant resource
has been identified, the results of the survey shall be provided to the Agency and
City Planning Division to be incorporated into the City's Historical Resources
Reconnaissance Survey.
CR-6 Evaluate Historical Buildings More than 50 Years Old. Properties that contain
buildings or structures more than 50 years old subject to demolition or alteration
shall be evaluated for CRHR eligibility by an architectural historian. The evaluation
shall be conducted by means of property-specific historical research and
assessment of architectural characteristics. The results of the evaluation shall be
provided to the Agency and City Planning Division in a technical report and the
results shall be incorporated into the City's Historical Resources Reconnaissance
Survey. If evaluated as eligible and the City determines that the building or structure
is eligible, mitigation measures formulated by the architectural historian to reduce
impacts shall be implemented. For buildings to be altered or remodeled, the
Secretary of the Interior's Standards for Rehabilitation shall be employed in project
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design. For buildings and structures to be demolished, Historic American Building
Survey/Historic American Engineering Record (HABS/HAER) standards shall be
used in documenting the architectural or engineering characteristics of the building
or structure.
Subsurface Archeological Sites. Implementation of the Proposed Project could result in the
destruction or alteration of unidentified subsurface archeological sites.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential subsurface archeological site impacts as a result of development associated with
the implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
CR-7 Conduct Construction Monitoring. All ground-disturbing activities that result from
redevelopment actions in the Project Area shall be monitored. Archaeological
resources discovered during monitoring shall be evaluated to determine if they are
eligible for the CRHR. Appropriate mitigation measures (data recovery or
preservation) shall be developed and implemented for eligible resources that will be
impacted.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to cultural resources.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative cultural impacts as a result of development associated with the
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
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Mitigation Measures: Refer to Mitigation Measures CR-1 through CR-7.
v. GEOLOGY AND SEISMIC HAZARDS
Earth Movement. Implementation of the Proposed Project could involve earth movement (cut
and/or fill).
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential earth movement impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
GEO-1 Prior to issuance of a Grading Permit for each development project, a geotechnical
engineer shall prepare an area-specific Geologic Report, which shall be submitted to
the Community Development (Building and Safety) for approval. The Geologic
Report shall specify the measures necessary to mitigate impacts related to
liquefaction, expansion, and other geologic and seismic hazards, if any. All
recommendations in the Geologic Report shall be implemented during area
preparation, grading, and construction.
GEO-2 Prior to issuance of any Grading Permit, applicants of development projects shall
comply with each of the recommendations detailed in the Geotechnical Report. and
other such measure(s) as the City deems necessary to adequately mitigate potential
seismic and geotechnical hazards.
GEO-3 All grading, landform modifications, and construction shall be in conformance with
Title 15, Division 1 of the San Bernardino Municipal Code. Typical standard
minimum guidelines regarding regulations to control excavations, grading, earthwork
construction, including fills and embankments and provisions for approval of plans
and inspection of grading construction are set from the latest version of the
California Building Code. Compliance with these standards shall be evident on
grading and structural plans. This measure will be monitored by the City Building
and Safety Division through periodic site inspections.
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Seismic Groundshaking. Implementation of the Proposed Project could expose people and
structures to potentially substantial adverse effects involving strong seismic groundshaking or
be located within an Alquist-Priolo Earthquake Fault Zone.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential seismic groundshaking impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures GEO-1 and GEO-2.
Seismic Related Ground Failure. Implementation of the Proposed Project could expose
people and structures to potential substantial adverse effects involving seismic-related ground
failure (Le., landslides, subsidence, and liquefaction).
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential seismic-related ground failure impacts as a result of development associated with
the implementation of the Proposed Project has been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures GEO-1 and GEO-2.
Expansive Soils. Development associated with implementation of the Proposed Project could
be located on expansive soils creating potential risk to life or property.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential expansive soil impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures GEO-1 and GEO-2.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to geologic, soils, and seismic hazards.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulatively considerable geologic, soils, and seismic impacts as a result of
development associated with implementation of the Proposed Project have been eliminated or
substantially lessened to a level of less than significant by virtue of the mitigation measures
identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures GEO-1 and GEO-2.
VI. HAZARDS MATERIALS
Accidental Release of Hazardous Materials. Accidental release of hazardous materials could
result in a risk to the public or environment.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
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2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential hazardous materials impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
HAZ-1
HAZ-2
HAZ-3
HAZ-4
A formal Phase I Environmental Site Assessment (ESA) shall be prepared on a
project-by-project basis in accordance with ASTM Standard 1527-05 or the
Standards and Practices for All Appropriate Inquiry (MI), prior to any land
acquisition and/or construction activities. The Phase I ESA would identify specific
Recognized Environmental Conditions (RECs), which may require further
sampling/remedial activities by a qualified hazardous materials consultant with
Phase II/Site Characterization experience prior to land acquisition, demolition, and/or
construction.
Prior to demolition and/or rehabilitation activities, an asbestos survey shall be
conducted by an Asbestos Hazard Emergency Response Act (AHERA) and Cal
OSHA certified building inspector to determine the presence or absence of asbestos
containing-materials (ACMs). If ACMs are located, abatement of asbestos shall be
completed prior to any activities that would disturb ACMs or create an airborne
asbestos hazard. Asbestos removal shall be performed by a State certified
asbestos containment contractor in accordance with the South Coast Air Quality
Management District (SCAQMD) Rule 1403.
If paint is separated from building materials (chemically or physically) during
demolition of the structures, the paint waste shall be evaluated independently from
the building material by a qualified environmental professional. If lead-based paint is
found, abatement shall be completed by a qualified lead specialist prior to any
activities that would create lead dust or fume hazard. Lead-based paint removal and
disposal shall be performed in accordance with California Code of Regulation Title 8,
Section 1532.1, which specifies exposure limits, exposure monitoring and respiratory
protection, and mandates good worker practices by workers exposed to lead.
Contractors performing lead-based paint removal shall provide evidence of
abatement activities to the City Engineer.
If unknown wastes or suspect materials are discovered during construction by the
contractor that are believed to involve hazardous waste or materials, the contractor
shall comply with the following:
. Immediately cease work in the vicinity of the suspected contaminant, and
remove workers and the public from the area;
. Notify the City's Engineer;
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. Secure the area as directed by the Project Engineer; and
. Notify the implementing agency's Hazardous Waste/Materials Coordinator. The
Hazardous Waste/Materials Coordinator shall advise the responsible party of
further actions that shall be taken, if required.
Railroad Uses. Development associated with implementation of the Proposed Project could
result in an increased hazard to the public or the environment through the disturbance of
existing and/or past railroad uses.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential railroad impacts as a result of development associated with implementation of the
Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation HAZ-1.
Landfills. Development associated with the implementation of the Proposed Project could
result in an increased hazard to the public or the environment in association with landfills.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential landfill impacts as a result of development associated with implementation of the
Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation Measure HAZ-1.
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Cumulative Impacts. Development associated with implementation of the Proposed Project
could result in cumulatively considerable hazards and hazardous materials impacts.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential landfill impacts as a result of development associated with implementation of the
Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measure HAZ-1 through HAZ-4.
VII. HYDROLOGY AND WATER QUALITY
Water Quality Standards. Implementation of the Proposed Project could violate any water
quality standards or waste discharge requirements.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential water quality impacts as a result of development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
HYD-1
Prior to the issuance of any grading or building permit, all qualifying land
development/redevelopment projects, shall submit and have approved a Storm
Water Quality Management Plan (SWaMP) to the City Engineer. The SWaMP
shall identify all Best Management Practices (BMPs) that will be incorporated into
the project to control storm water and non-storm water pollutants during and after
construction and shall be revised as necessary during the life of the project. The
SWaMP submittal applies to construction projects covered by the NPDES General
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Construction Permit as well as construction projects less than one acre in size.
Also, a Stormwater Pollution Prevention Plan (SWPPP) shall be reviewed and
approved by the City Engineer for water quality construction activities on-site. All
recommendations in the Plan shall be implemented during. post
construction/operation phase. The project applicant shall comply with each of the
recommendations detailed in the Plan, and other such measure(s) as the City
deems necessary to mitigate potential water quality impacts.
HYD-2
Any developer/owner engaging in construction activities which disturb one acre or
more of land shall apply for coverage under the General Storm Water Permit for
Construction Activity with the State Water Resources Control Board (SWRCB). Any
developer/owner engaging in construction activities which disturb less than one acre,
but are part of a larger common plan of development or sale that is greater than one
acre, must also apply for coverage under the General Storm Water Permit for
Construction Activity with the State Water Resources Control Board (SWRCB).
"Construction activity" includes, but is not limited to: clearing, grading, demolition,
excavation, construction of new structures, and reconstruction of existing facilities
involving removal and replacement that results in soil disturbance. The owner of the
land where the construction activity is occurring is responsible for obtaining
coverage under the permit. Owners may obtain coverage under the General Permit
by completing a "Notice of Intent" form (NOI) and mailing the form along with a
vicinity map and the appropriate fee to the office of the California State Water
Resources Control Board. The NOI form and checklist of items to submit to the
state is available from the State Water Resources Control Board in Sacramento,
California or from the City's Development Services Department. In addition, the
owner shall also prepare a Storm Water Pollution Prevention Plan (SWPPP) in
accordance with State requirements.
Prior to obtaining any City-issued grading and/or construction permits the
developer/owner shall provide evidence of compliance with the General Construction
Permit by providing a copy of the Waste Discharger's Identification Number (WDID)
to the City's Community Development Department.
Erosion and Siltation. Implementation of the Proposed Project could substantially alter the
existing drainage pattern of the site or area, including through the alteration of the course of a
stream or river, in a manner which would result in substantial erosion or siltation on- or off-site.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
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Facts in Support of Findings:
The potential erosion and siltation impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures HYD-1 and HYD-2.
Polluted Runoff. Implementation of the Proposed Project could create or contribute runoff
water which would exceed the capacity of existing or planned stormwater drainage systems or
provide substantial additional sources of polluted runoff, such as from areas of material storage,
vehicle or equipment maintenance (including washing or detailing), waste handling, hazardous
materials handling or storage, delivery areas, loading docks, or other outdoor areas.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential polluted runoff impacts as a result of development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures HYD-1 and HYD-2.
Degradation of Water Quality. Implementation of the Proposed Project could otherwise
substantially degrade water quality.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential water quality impacts as a result of development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
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Mitigation Measures: Refer to Mitigation Measures HYD-1 through HYD-3, and HAZ-1.
Housing Within a 100-year Flood Hazard. Implementation of the Proposed Project could
place housing within a 1 DO-year flood hazard area as mapped on a federal flood hazard
boundary or flood insurance rate map or other flood hazard delineation map (panel no.
06071 C7930F).
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential flood hazard impacts as a result of development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation Measure HYD-3.
Structures Within a 100-Year Flood Hazard. Implementation of the Proposed Project could
place within a 1 DO-year flood hazard structures which would impeded or redirect flood flows.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential flood hazard impacts a result of development associated with implementation of
the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation Measure HYD-3.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable hydrology, drainage, and water quality impacts.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR. .
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative impacts as a result of development associated with implementation of
the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measure HYD-1 through HYD-3 and HAZ-1.
VIII. POLICE PROTECTION
Project Impacts. Implementation of the Proposed Project could result in the need for
additional police protection facilities and personnel.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential police protection and service impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
PS-1 All development projects within the Project Area shall be evaluated and required to
mitigate project-related impacts to police services. Individual development projects
shall pay any fees required by a Developer Fee Program, if established, by the City
of San Bernardino and/or the Police Department.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to police protection facilities and personnel.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative police protection and service impacts as a result of development
associated with implementation of the Proposed Project have been eliminated or substantially
lessened to a level of less than significant by virtue of the mitigation measure identified in the
EIR.
Mitigation Measure: Refer to Mitigation Measure PS-1.
IX. SCHOOL FACILITIES
Project Impacts. Implementation of the Proposed Project could result in the need for
additional school facilities.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential school facilities impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
SCH-1
Prior to the issuance of certificate of occupancy, individual project applicants shall
submit evidence to the City of San Bernardino that legally required school-related
Development Fees have been paid per the current mitigation established by the
applicable school district.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to school facilities.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative school facilities impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation Measure SCH-1.
x. PARKS AND RECREATIONAL FACILITIES
Project Impacts. Implementation of the Proposed Project could result in significant impacts to
the adequate availability of parkland and recreational facilities within the City of San Bernardino.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential park and recreational facilities impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
PR-1 Prior to the issuance of a grading permit, the Parks, Recreation & Community
Services Department shall review development site plans to ensure that
development does not disrupt operations at parks and recreational facilities in the
Project Area, or access to pedestrian sidewalks or public transportation routes. Any
recommendations by the Parks, Recreation & Community Services Department shall
be implemented during site preparation, grading, construction, and operations.
Cumulative Impacts. Development associated with the Proposed Project could result in
cumulatively considerable impacts to parks and recreational facilities.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative park and recreational facilities impacts as a result of development
associated with implementation of the Proposed Project have been eliminated or substantially
lessened to a level of less than significant by virtue of the mitigation measure identified in the
EIR.
Mitigation Measure: Refer to Mitigation Measure PR-1.
XI. WATER
Project Impacts. Implementation of the Proposed Project could result in increased demand for
water supplies and infrastructure within the City.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential water supply and infrastructure impacts as a result of development associated
with implementation of the Proposed Project have been eliminated or substantially lessened to
a level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
WAT-1
Prior to the issuance of a building permit for any future development project, the
project applicant shall submit a hydraulic analysis to the San Bernardino Municipal
Water Department to determine if water infrastructure upgrades (Le., pipeline
diameter increases for fire flow) are necessary. If the hydraulic analysis determines
that upgrades are necessary, the project applicant shall be responsible for their fair-
share of the improvements.
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XII. WASTEWATER
Project Impacts. Implementation of the Proposed Project could result in increased demand for
wastewater services and infrastructure in the City.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential wastewater impacts as a result of development associated with implementation of
the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
WW-1
Prior to issuance of a wastewater permit for any future development project, the
project applicant shall pay applicable connection and/or user fees to the City.
WW-2
Prior to issuance of a building permit for any future development project, the project
applicant shall prepare an engineering study to determine the adequacy of the sewer
systems and submit the engineering study to the City for review and approval.
WW-3
Prior to issuance of a building permit for any future development project, the project
applicant shall provide evidence that the City and the City of San Bernardino
Municipal Water Department has sufficient wastewater transmission and treatment
plant capacity to accept sewage flows from buildings for which building permits are
being requested.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to wastewater systems, including increased demand and infrastructure
facilities within the City.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
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Facts in Support of Findings:
The potential wastewater impacts as a result of development associated with implementation of
the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures WW-1 through WW-3.
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3.8 EFFECTS WHICH REMAIN SIGNIFICANT AND
UNAVOIDABLE IN THE FINAL PROGRAM EIR AFTER
MITIGATION AND FINDINGS
The Commission, having reviewed and considered the information contained in the Final EIR,
Technical Appendices and the administrative record, facts, finds, pursuant to Public Resources
Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3), has found and determined that specific
economic, legal, social, technological, or other considerations, make infeasible the mitigation
measures identified in the Final EIR and, therefore, the Project would cause significant
unavoidable impacts in the categories of:
. Traffic (project impacts, cumulative project impacts)
. Air Quality (short-term construction emissions, long-term mobile and stationary source
emissions, cumulative project emissions)
I. TRAFFIC
Project Impacts. Implementation of the Proposed Project would generate trips that could
impact levels of service for the existing area roadway system.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with project-generated traffic have been reduced to the extent
feasible. However, after implementation of the General Plan goals and policies
contained in the EIR, the impacts would constitute a significant and unavoidable
impact.
Facts in Support of Findings:
The City of San Bernardino is an entirely urbanized city that has a diverse mix of land uses.
The General Plan includes several land use designations within the following categories:
Residential, Commercial, Industrial, Public/Quasi-Public, and Open Space. As detailed in the
Final Program EIR, the 2005 General Plan, forecasts buildout conditions for the City and allows
for approximately 82,174 units of residential land use and approximately 189,934,304 square
feet of non-residential land use. The proposed project plans for 1,833 units of residential land
use and 6,200,590 square feet of non-residential land use, which is approximately 2.2 percent
of the allowable residential dwelling units and approximately 3.3 percent of the allowable non-
residential square footage in the General Plan. As identified in the General Plan EIR,
implementation of the circulation improvements proposed in the General Plan Circulation
Element would mitigate traffic-related impacts associated with General Plan buildout. However,
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it was determined that the timing of these mitigation measures may not coincide with the
occurrence of the impact.
To assist in implementing circulation improvements identified in the General Plan Circulation
Element, the City established development impact fees for both local and regional circulation
improvements. All future developments that occur within the City and the Project Area would
be required to pay these fees.
Development Tvpe
Detached Dwelling Units
Attached Dwelling Units
Commercial/ Office
Industrial
Local Circulation Fee
$225.06 per unit
$150.03 per unit
$0.243 per square foot
$0.147 per square foot
Reqional Circulation Fee
$2,435.00 per unit
$1,626.00 per unit
$2.625 per square foot
$1.591 per square foot
Payment of these fees effectively mitigates the impacts associated with development projects in
the City. However, since the circulation improvements may not be constructed until some time
after the fees are paid, impacts remain significant. In addition, there may be instances where
improvements are shared by other jurisdictions (Le., Caltrans, City of Redlands, County of San
Bernardino, etc.), which may affect the ability to construct the proposed improvements at the
time the impact occurs.
The proposed project is consistent with the General Plan, and therefore, detailed traffic analysis
for the Proposed Project was addressed during the adoption of the currently approved General
Plan. Therefore, no additional traffic impacts or mitigation measures are anticipated beyond
those identified in the General Plan and General Plan EIR, and no further traffic analysis is
required for the Proposed Project. However, since the project-specific mitigation measures or
improvements may not be constructed at the time impacts occur, it has been determined that
traffic associated with the Proposed Project would result in a significant unavoidable impact in
the Project Area. While these impacts are mitigable, it is the timing of when the mitigation
would occur that provides the basis for this determination.
As stated in the Final Program EIR for the proposed project, implementation of the circulation
improvements identified in the General Plan Circulation Element and General Plan EIR are
required to ensure that impacts to traffic generation within the Project Area are reduced. No
additional mitigation measures are required.
The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable trips that could impact levels of service for the existing area roadway system.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with cumulative project-generated traffic have been reduced
to the extent feasible. However, after implementation of the General Plan goals
and policies contained in the EIR, the impacts would constitute a significant and
unavoidable impact.
Facts in Support of Findings:
Future development in the City of San Bernardino could result in additional trips on the
circulation system. The City of San Bernardino is an urbanized city surrounded by other urban
cities. The proposed project, which includes the consolidation of seven Project Areas into one
Project Area, is located in the central portion of the City of San Bernardino.
Implementation of the proposed project would result in the addition of 1,833 dwelling units,
6,123 persons, 6,195,718 square feet of non-residential development, and 16,591 jobs beyond
existing conditions. Future development associated with implementation of the proposed
project would result in increased traffic generation within the Project Area. However, this
anticipated growth has been planned for within the General Plan. To accommodate this
anticipated growth, the General Plan Circulation Element identifies the roadway improvements
necessary to accommodate the anticipated traffic associated with General Plan buildout.
However, these improvements may not be implemented at the time actual circulation impacts
occur. For this reason some intersections or roadways may operate at a deficient LOS.
The proposed project identifies several projects and programs to eliminate blight that may occur
if the proposed merger and amendments project is approved. Future projects within the City,
including those in Merged Area A would be required to mitigate traffic impacts on a project-by-
project basis. Therefore, the incremental impact of the proposed project, when considered in
combination with development within the City, would not result in cumulatively considerable
traffic impacts. Nor would the cumulative traffic impacts generate any new impacts that have
not already been identified for the General Plan buildout in the General Plan EIR. Relevant
policies from the General Plan Land Use and Circulation Elements have been identified in the
analysis above. Future projects would be reviewed for consistency with the General Plan
Circulation Element in place at the time.
Although the amount of development associated with the proposed project is consistent with the
General Plan, cumulative traffic impacts are considered significant and unavoidable based on
the potential for traffic impacts to occur prior to construction of the improvements designed to
alleviate those conditions. Although payment of the City's Development Impact Fees provides
the funding for these improvements, there is a potential that the improvements may be delayed.
Therefore, cumulative traffic impacts are considered significant and unavoidable in this regard.
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The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
II. AIR QUALITY
Short-Term Construction Emissions. Implementation of the Proposed Project could facilitate
the construction of new land uses that could generate gust and equipment emissions.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with short-term construction air quality emissions have been
reduced to the extent feasible. However, after implementation of the General Plan
goals and policies and mitigation measures contained in the EIR, the impacts
would constitute a significant and unavoidable impact.
Facts in Support of Findings:
Construction-related air quality impacts would be short-term and temporary, lasting only as long
as the construction phase of the future development project. Nonetheless, construction
impacts have the potential to violate Federal and State ambient air quality standards and may
harm nearby sensitive receptors. The SCAQMD has established short-term thresholds for
individual development projects, and it is assumed that some of the future development projects
that would be implemented under the proposed project could individually exceed the SCAQMD
thresholds. The General Plan EIR concluded that major construction activities under the
General Plan Update could exceed SCAQMD's thresholds and would result in a significant
impact, although individual projects may not be significant. Additionally, the General Plan EIR
concluded that even after the application of General Plan Policies and mitigation measures,
implementation of the General Plan Update as a whole would result in significant and
unavoidable air quality impacts due to the magnitude of emissions that would be generated
during construction. A statement of overriding consideration was adopted by the City for this
impact.
Implementation of Mitigation Measures AQ-1 and AQ-2 would limit construction air emissions
during the grading phase and ensure the use of low or zero vac content architectural coatings
for construction and maintenance activities. Compliance with Policy 12.5.3 of the General Plan
would require dust abatement measures during project grading and construction operations.
Dust abatement measures would be required in accordance with SCAQMD Rule 403 dust
minimization requirements (Le., water exposed surfaces, treat soils with soil conditioner,
securely cover loads of fill, provide for street sweeping, wash mud-covered tires before trucks
leave the site, etc.). Implementation of Mitigation Measures AQ-1 and AQ-2 and compliance
with the General Plan policies would lessen construction-related impacts by reducing air
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pollutant emissions from construction activities. However, as concluded in the General Plan
EIR, construction-related air quality impacts would be considered significant and unavoidable
due to the magnitude of construction under the proposed project.
The Proposed Project's impacts associated with short-term construction air quality remain
significant despite the implementation of the mitigation measures contained in the Final EIR.
Mitigation Measures:
AQ-1 Prior to the issuance of grading permits, the property owner/developer shall include
a note on all grading plans which requires the construction contractor to implement
following measures during grading. These measures shall also be discussed at the
pregrade conference.
. Use low emission mobile construction equipment.
. Maintain construction equipment engines by keeping them tuned.
. Utilize existing power sources (Le., power poles) when feasible.
. Configure construction parking to minimize traffic interference.
. Minimize obstruction of through-traffic lanes. When feasible, construction should
be planned so that lane closures on existing streets are kept to a minimum.
. Schedule construction operations affecting traffic for off-peak hours to minimize
traffic congestion.
. Develop a traffic plan to minimize traffic flow interference from construction
activities (the plan may include advance public notice of routing, use of public
transportation and satellite parking areas with a shuttle service).
(Source: General Plan EIR Mitigation Measure GP5.2-2A)
AQ-2 The City shall promote the use of low or zero VOC content architectural coatings for
construction and maintenance activities.
(Source: General Plan EIR Mitigation Measure GP5.2-2B)
The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
Long-Term Mobile and Stationary Source Emissions. Implementation of the Proposed
Project could introduce future projects that could result in an overall increase in mobile and
stationary source emissions within the City, and which may exceed South Coast Air Quality
Management District air quality standards.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with long-term mobile and stationary air quality emissions
have been reduced to the extent feasible. However, after implementation of the
General Plan goals and policies and mitigation measures contained in the EIR, the
impacts would constitute a significant and unavoidable impact.
Facts in Support of Findings:
The General Plan EIR anticipated additional development within the City, including the
commercial, industrial, and multi-family uses under the proposed project. This forecast growth
was inclusive of the development that would occur within the Project Area and is consistent with
the General Plan land use designations. The General Plan EIR concluded that buildout would
exceed daily SCAQMD thresholds and would result in significant impacts for operational
emissions, as these thresholds were designed for individual projects. Therefore, on a project-
by-project basis, thresholds may not be exceeded; however, operational emissions as a result
of the proposed project would be expected to be significant. Air quality impacts would be
regional and not confined to the San Bernardino City limits. The destination of motor vehicles,
which are the primary contributors to air pollution, vary widely and cross many jurisdictional
boundaries. Future development projects within the Project Area would be evaluated for
potential air emissions once development details have been determined and are available. The
development facilitated by the proposed project was considered in the General Plan EIR since
the development that would occur would be consistent with the existing General Plan land use
designations and Zoning Districts. Therefore, project implementation would be consistent with
the analysis presented in the General Plan EIR, and would result in no greater air quality
impacts than previously identified. Due to the amount of development that would occur under
the proposed project, and consistent with the conclusions in the General Plan EIR, operational
emissions would be expected to exceed SCAQMD thresholds. Therefore, even with
implementation of General Plan Policies and adherence to SCAQMD requirements, long-term
operational impacts would remain significant.
The Proposed Project's impacts associated with long-term mobile and stationary air quality
emissions remain significant despite the implementation of the mitigation measures contained
in the Final EIR.
Mitigation Measures:
AQ-3 The City shall reduce vehicle emiSSions caused by traffic congestion by
implementing transportation systems management techniques that include
synchronized traffic signals and limiting on-street parking.
(Source: General Plan EIR Mitigation Measure GP5.2-2C)
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AQ-4 The City shall consider the feasibility of diverting commercial truck traffic to off-peak
periods to alleviate non-recurrent congestion as a means to improve roadway
efficiency.
(Source: General Plan EIR Mitigation Measure GP5.2-2D)
AQ-5 The City shall promote the use of fuel efficient vehicles such as fuel hybrids when
purchasing vehicles for the City's vehicle fleet.
(Source: General Plan EIR Mitigation Measure GP5.2-2E)
The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
Cumulative Impacts. Air quality emissions resulting from development associated with
implementation of the Proposed Project could impact regional air quality levels on a
cumulatively considerable basis.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with cumulative air quality emissions have been reduced to
the extent feasible. However, after implementation of the General Plan goals and
policies and mitigation measures contained in the EIR, the impacts would
constitute a significant and unavoidable impact.
Facts in Support of Findings:
The proposed project would promote the rehabilitation and updating of existing uses, promote
the use of compact mixed-use, encourage the efficient use of infill parcels, and encourage the
overall enhancement of the area.
As previously stated, the proposed project is anticipated to generate a significant amount of
GHG emissions due to the amount of development that would occur under the proposed
project. However, the proposed project would adhere to General Plan policies, including those
addressing transportation, energy, solid waste, and water efficiency measures (which would
inherently reduce GHG emissions). AS 32 requires the reduction of GHG emissions to 1990
levels that would require a 28 to 33 percent reduction in "business as usual" GHG emissions for
the entire State. Due to the amount of development proposed under the proposed project
(including 5,681,674 square feet of commercial uses, 518,916 square feet of industrial uses,
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and 1,833 multi-family residential units), the proposed project could hinder the statewide
reduction goals of AS 32 on a program level basis.
The City's process for the evaluation of discretionary projects includes environmental review
and documentation pursuant to CEQA, as well as analysis of those projects for consistency with
the goals, policies, and recommendations of the General Plan. In general, implementation of
the policies in the General Plan, as well as compliance with Federal, State, and local
regulations would avoid or reduce their incremental contribution to the significant worldwide
increase in GHG emissions. However, for some projects it is possible that adherence to
General Plan Policies may not adequately avoid or reduce incremental impacts, and such
projects would require additional mitigation measures. For each future discretionary project
requiring mitigation (Le., measures that go beyond what is required by existing programs, plans,
and regulations), project speCific measures would be identified with the goal of reducing
incremental project level impacts to less than significant or the incremental contributions of a
project may remain significant and unavoidable where no feasible mitigation exists. Where
mitigation is determined necessary and feasible, these measures would be included in a
Mitigation Monitoring and Reporting Program for the project. The measures may be updated,
expanded, and refined when applied to specific future projects proposed under the proposed
project based on project specific design and changes in existing conditions, and local, State,
and Federal laws.
The degree of future impacts and applicability, feasibility, and success of future mitigation
measures cannot be adequately determined for each specific future project at this
programmatic level of analysis. As stated above, reducing GHG emissions to 1990 levels
would require a 28 to 33 percent reduction in "business as usual" GHG emissions for the entire
State. Although the project includes mitigation measures that would reduce GHG emissions,
there are no specific development proposals for the proposed project and the City has not
developed a Climate Action Plan or Greenhouse Gas Reduction Plan. Therefore, an accurate
correlation cannot be made at this stage between GHG emissions from future development of
the proposed project and extent of potential GHG reductions. Future development within the
Project Area would need to be analyzed on a project-by-project basis to determine the extent of
each project's potential contribution to global climate change and appropriate mitigation
measures specific to each project. Thus, cumulative operational and climate change impacts
would be significant and unavoidable at this program level of analysis.
The Proposed Project's impacts associated with short-term construction air quality remain
significant despite the implementation of the mitigation measures contained in the Final EIR.
Mitigation Measures: Refer to Mitigation Measures AQ3 through AQ-5.
The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and in the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
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3.9 PROJECT ALTERNATIVES AND ANALYSIS
The EIR addresses the environmental effects of alternatives to the Proposed Project. A
description of these alternatives, a comparison of their environmental impacts to the Proposed
Project, and the Commission's findings are listed below. These alternatives are compared
against the Project relative to the identified project impacts, summarized in Sections 3.5
through 3.8, above, to the Project Objectives, as stated in Section 3.3, Redevelopment Aaencv
Goals, of the EIR.
In making the following alternatives findings, the Commission certifies that it has independently
reviewed and considered the information on alternatives provided in the EIR, including the
information provided in the comments on the Draft EIR and the responses thereto.
NO PROJECT ALTERNATIVE
Implementation of the No Project Alternative assumes that the Agency would take no action in
merging the seven Project Areas into one Project Area. In addition, this Alternative would not
increase the limitation on the number of dollars that could be allocated to the Project Area
through tax increment, nor would it increase the amount of bonded debt that would be
outstanding at anyone time. Currently without these project elements, both the Central City
North and the Tri-City Project Areas would experience short-falls in the amount of funds they
are able to collect relative to the amount of debt they have incurred. In addition, the 10-year
extensions for both the Central City North and Meadowbrook/Central City Project Areas would
not occur under this Alternative, which would affect the amount of tax increment the Agency can
collect to repay outstanding debt and implement projects and programs designed to eliminate
blight. Finally, under this Alternative, the capital improvement projects added under the
Proposed Project would not be implemented. Any development that would occur as a result of
the Proposed Project would not occur, or would be implemented in a smaller more piecemeal
fashion, as a result of this Alternative.
Findings:
1. The findings relating to the Proposed Project set forth in this document and the
overriding social, economic, and other issues set forth in the Statement of
Overriding Considerations provide support for the Proposed Project and the
elimination of this alternative from further consideration.
Facts in Support of Findings:
Under this Alternative, the Project Areas would continue to be comprised of dilapidated,
outdated, and/or inadequate buildings unable to serve contemporary commercial and industrial
uses. Vacant buildings and deteriorated property conditions would continue to plague the
Project Areas and result in reduced commercial activity, increase code violations, and
underutilized development potential throughout this part of the City. Residential uses
intermixed with commercial and industrial activities would also continue to occur in certain parts
of the Project Areas. Contaminated or potentially contaminated sites would continue to remain
in their existing state and incentives used to remediate these sites and prepare them for
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redevelopment could not occur. Many areas within this part of the City would continue to
stagnate as a result of the lack of reinvestment by the Agency to improve infrastructure,
assemble parcels for re-use/redevelopment, and provide catalysts to businesses looking to
relocate to this part of the region. The Agency's ability to accomplish these activities under this
Alternative would be significantly reduced, which would affect their ability to meet not only the
goals of this project, but also the City's goals and policies identified in the General Plan.
It is anticipated that without additional redevelopment authority and updated financial
mechanisms, existing adverse conditions within the Project Areas would not be corrected and
may further contribute to decline of the area, affecting deleteriously physical and economic
conditions in surrounding areas as well. Further, without additional Agency activity in the
Project Areas to fund public improvements, private investment in the Project Areas would be
substantially reduced. The extent of rehabilitation and development within the Project Areas
would be limited due to the amount of existing financing capacity within each Project Area and
the capability for each Project Area to pay back money borrowed. Issues such as lack of
needed infrastructure and public improvements and continued lack of investment due to legal
non-conforming and illegal non-conforming uses and lack of compliance with current
development standards and uniform codes may not be addressed under this Alternative.
It is acknowledged that the Proposed Project would involve short- and long-term environmental
impacts within the Project Area. However, as analyzed in this EIR, impacts would be less than
significant or less than significant with mitigation with the exception of construction- and
operational-related project and cumulative projects air quality impacts, and project and
cumulative projects traffic impacts. The Proposed Project identifies development potential
within the Project Area that is consistent with the development potential identified in the General
Plan and General Plan EIR. Thus, the air quality and traffic impacts associated with the
Proposed Project are consistent with impacts previously analyzed in the General Plan EIR.
Impacts associated with the No Project Alternative are assumed to be the same as the
Proposed Project, since under this Alternative all development would have to be consistent with
the General Plan as well.
It is anticipated that the No Project Alternative would result in a similar amount of growth as the
Proposed Project, however the timeframe and mechanism in which this growth would occur is
anticipated to be piecemeal in fashion. Based on this assumption it is anticipated that the
economic improvement associated with this growth would result in a less viable local economy,
less local revenues, less development of existing vacant and underutilized parcels, less
commercial, industrial, and residential rehabilitation, less funding for affordable housing, and
more constraints upon infrastructure and public improvements. The No Project Alternative
would significantly reduce the opportunities for the Agency to eliminate blight and blighting
conditions and reduce the ability to implement a comprehensive redevelopment approach to
improve the overall Project Area. Although the No Project Alternative would not prohibit or
eliminate development activity within the Project Area, it is anticipated that existing conditions
would continue in certain areas due to a lack of adequate redevelopment funds, which include
limited to no private development and investment due to extensive development constraints and
blight and blighting conditions that currently occur within the Project Area.
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In conclusion, the No Project Alternative is not considered environmentally superior when
compared to the Proposed Project, and was not selected as the environmentally superior
alternative.
NO MERGER OF THE REDEVELOPMENT PROJECT AREAS ALTERNATIVE
The No Merger of the Redevelopment Project Areas Alternative assumes that the Proposed
Project would be performed separately for each of the Seven Project Areas that comprise the
Proposed Project. Under this Alternative, the Agency would prepare Restated and Amended
Redevelopment Plans for each of the Project Areas that would include, to the extent feasible,
increased tax increment and bonded debt limits, and 1 O-year extensions.
Findings:
1. The findings relating to the Proposed Project set forth in this document and the
overriding social, economic, and other issues set forth in the Statement of
Overriding Considerations provide support for the Proposed Project and the
elimination of this alternative from further consideration.
Facts in Support of Findings:
Currently, the bonded debt limits within the seven Project Areas range from $14 million to $60
million, which when aggregated amount to $237 million for all seven areas. Under the
Proposed Project, this limit would be increased to $327 million, resulting in an additional $90
million in bonded capacity that can be leverage against programs and projects/improvements
within the single Project Area. In addition, the current limits on receiving tax increment within
the seven Project Areas are limited to 1.75 times the annual debt service (except for the Tri-City
Project Area, which has a limit of $60 million). Under the Proposed Project, this amount would
be fixed at $2.5 billion, with the ability to use the money throughout the merged and amended
Project Area. Under this Alternative, both the bonded debt limits and receipt of tax increment
would be limited to each individual Project Area and it is assumed that the aggregated amounts
for each would be lower than allowed in the Proposed Project. In addition, this Alternative
would limit the use of redevelopment funds to each of the seven Project Areas, whereas the
Proposed Project would allow funds to be used throughout the entire Project Area.
At this time, both Central City North and Tri City Project Areas are experiencing revenue
shortfalls. Under this Alternative, it is unclear whether or not these two areas would be able to
increase revenue generation adequately to cover current expenses or to implement the same
programs anticipated with the Proposed Project since the Agency's ability to eliminate blight in
the Project Area is heavily reliant on its financing and bonding capacity from tax increment. As
a result of this, the current Project Areas would not have adequate funding to implement the
blight eliminating plans and programs incorporated into the Proposed Project. In similar
fashion, it is expected that this Alternative would also be constrained by the same issues that
constrain the existing Project Areas today.
Rehabilitation and redevelopment of the seven Project Areas under this Alternative, including
assistance in funding identified programs and projects including a Downtown Core Specific
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Plan/Overlay, Transit Oriented Developments, and/or Land Use Planning/Infrastructure
Improvement projects within the Project Area would not occur in a comprehensive manner and
would be limited to funding availability for each Project Area. The availability of funding would
be dependent upon the tax increment limits, bonded capacity, revenue sharing agreements,
and outstanding debt service for each area. As previously indicated, two of the-existing Project
Areas are currently experiencing shortfalls and would be expected to experience similar
shortfalls under this Alternative. In addition, as the use of funds is limited to each individual
Project Area, when an area expends available funds, the Agency would have to reduce
expenditures within that Project Area to ensure additional shortfalls occur, which would
ultimately mean that many of the projects and programs identified as part of the Proposed
Project would not be implemented in some of the seven Project Areas.
Overall, this Alternative would restrict the Agency's ability to effectively eliminate blight
throughout the Project Areas, by limiting where individual funds can be spent, depending on the
financial solvency of individual Project Areas. The result of this would be a piecemeal approach
to the elimination of blight within several of the seven Project Areas that would not be as
effective as the Proposed Project. Under this Alternative, it is expected that blighting conditions
would remain in the Tri-City and Central City North Project Areas, due to the current shortfalls
the Project Areas are experiencing. Although some improvements may occur within the
individual Project Areas, it is likely that portions of the Project Areas would continue to be
comprised of dilapidated, outdated, and/or inadequate buildings unable to serve contemporary
commercial! industrial uses. Vacant buildings and deteriorated property conditions would
continue to depress the industrial and commercial portions of the Project Areas, resulting in
reduced commercial activity and underutilized developments, and residential uses intermixed
with commercial activities would continue to occur within some of the seven Project Areas. It is
also expected that contaminated/potentially contaminated sites would continue to remain in
their existing state.
It is acknowledged that the Proposed Project would involve short- and long-term environmental
impacts within the Project Area. However, as analyzed in this EIR, impacts would be less than
significant or less than significant with mitigation with the exception of construction- and
operational-related project and cumulative projects air quality impacts, and project and
cumulative projects traffic impacts. The Proposed Project identifies development potential
within the Project Area that is consistent with the development potential identified in the General
Plan and General Plan EIR. Thus, the air quality and traffic impacts associated with the
Proposed Project are consistent with impacts previously analyzed in the General Plan EIR.
Impacts associated with the No Merger of the Redevelopment Project Areas Alternative are
assumed to be the same as the Proposed Project, since under this Alternative all development
would have to be consistent with the General Plan as well.
It is anticipated that the No Merger of the Redevelopment Project Areas Alternative would result
in a similar amount of growth as the Proposed Project, however the timeframe and mechanism
in which this growth would occur is anticipated to be piecemeal in fashion and be related to the
adequacy of funding within a given Project Area. Based on this assumption, it is anticipated
that the economic improvement associated with this growth would result in a less viable local
economy, less local revenues, less development of existing vacant and underutilized parcels,
less commercial, industrial, and residential rehabilitation, less funding for affordable housing,
and more constraints upon infrastructure and public improvements. The No Merger of the
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Redevelopment Project Areas Alternative would significantly reduce the opportunities for the
Agency to comprehensively eliminate blight and blighting conditions and reduce the ability to
implement a comprehensive redevelopment approach to improve the overall Project Area.
Although the No Merger of the Redevelopment Project Areas Alternative would not prohibit or
eliminate development activity within the Project Areas, it is anticipated that existing conditions
would continue in certain areas due to a lack of adequate redevelopment funds, which include
limited to no private development and investment due to extensive development constraints and
blight and blighting conditions that currently occur within the Project Areas.
In conclusion, the No Merger of the Redevelopment Project Areas Alternative is not considered
environmentally superior when compared to the Proposed Project, and was not selected as the
environmentally superior alternative.
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3.10
PROJECT BENEFITS
The Commission has, pursuant to an adopted resolution, established the following eight goals
related to community reinvestment and revitalization for the 14 Redevelopment Project Areas in
the City. These eight goals form the foundation on which the Agency is based, and assist in
creation a vision which the Agency seeks to realize. The eight goals are defined by the
following phrases: Live, Play, Work, Invest, Access, Go, Collaborate, and Preserve (see
Section 3.3 of the Final EIR).
The San Bernardino Merged Area A - Merger and Amendments will result in multiple social,
economic, and environmental benefits to be utilized by the both the public and private
development sectors. These benefits involve creating jobs, increasing income levels,
assembling and redeveloping blighted properties, replacing aged infrastructure, addressing
incompatible uses, increasing property values, remediating environmentally contaminated sites,
reducing office and retail vacancies, creating needed commercial facilities, and addressing uses
that contribute to the threat to the public health, safety, and welfare of residents in Merged Area
A. Primarily, the Agency will be able to use the Restated Development Plan to Eliminate and
prevent the recurrence of blight, and improve the economic base of Merged Area A through the
following actions:
. Rehabilitating, altering, remodeling, improving, modernizing, clearing, or reconstructing
buildings, structures and improvements.
. Rehabilitating, preserving, developing or constructing affordable housing in compliance
with State law.
. Providing the opportunity for owners and tenants presently located in Merged Area A to
participate in redevelopment projects and programs, and extending preferences to
occupants to remain or relocate within the redeveloped Merged Area A.
. Providing relocation assistance to displaced residential and nonresidential occupants, if
necessary
. Facilitating the development or redevelopment of land for purposes and uses consistent
with the 2010 Merged Plan
. Providing incentives for property owners, tenants, businesses, and residents to
participate in improving conditions throughout Merged Area A
. Acquiring real property by purchase, lease, gift, grant, request, devise or any other
lawful means, including by eminent domain, unless specifically exempted, after the
conduct of appropriate hearings
. Combining parcels and properties where and when necessary.
. Preparing building sites and constructing necessary off-site improvements
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. Acquiring, installing, developing, constructing, reconstructing, redesigning, planning,
. Replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities,
flood control facilities and other public improvements and public facilities.
. Providing additional parking throughout the Merged Area A.
. Providing for open space.
. Managing property owned or acquired by the Agency.
. Assisting in procuring financing for the construction of residential, commercial, and
office buildings to increase the commercial base and enhance the residential
neighborhoods of Merged Area A, and increase the number of temporary and
permanent jobs in the City.
. Disposing of property including, without limitation, the lease or sale of land at a value
determined by the Agency for reuse in accordance with the 2010 Merged Plan.
. Establishing controls, restrictions or covenants running with the land, so that property
will continue to be used in accordance with the 2010 Merged Plan.
. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and
dedicating other areas for public purposes consistent with the objectives of the 2010
Merged Plan.
. Providing replacement housing, if any is required.
. Applying for and utilizing grants, loans and any other assistance from federal or State
governments, or other sources.
. Taking actions the Agency determines are necessary and consistent with State, federal
and local laws to make structural repairs to buildings and structures, including historical
buildings, to meet building code standards related to seismic safety.
. Taking actions the Agency determines are necessary and consistent with State, federal
and local laws to remedy or remove a release of hazardous substances on, under or
from property within Merged Area A or to remove hazardous waste from property.
. Preparing and carrying out plans from time to time for the improvement, rehabilitation,
and redevelopment of blighted areas and creating a variety of economic development
programs which will help build a stronger economic base within Merged Area A.
. Assisting businesses in Merged Area A with sign and facade improvements and general
rehabilitation by providing loans and grants.
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. Adopting specific design guidelines for projects to ensure a consistent design theme
which will guide rehabilitation, new development, developers, architects, and builders.
. Developing programs to assist owners in Merged Area A with the preservation and
rehabilitation of historically significant buildings and sites.
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3.11
STATEMENT OF OVERRIDING CONSIDERATIONS
INTRODUCTION
The California Environmental Quality Act (CEQA) and the CEQA Guidelines provide in part the
following:
a) CEQA requires that the decision maker balance the benefits of a Proposed Project
against its unavoidable environmental risks in determining whether to approve the
project. If the benefits of the Proposed Project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be considered
"acceptable. "
b) Where the decision of the public agency allows the occurrence of significant effects that
are identified in the General Plan EIR but are not mitigated, the agency must state in
writing the reasons to support its action based on the General Plan EIR and/or other
information in the CEQA Guidelines Section 15091 (a)(2) or (a)(3).
c) If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the Notice of
Determination (CEQA Guidelines Section 15093).
The Commission, having reviewed and considered the information contained in the Final
Program EIR for the Proposed Project, Responses to Comments and the public record, has
adopted, by resolution, the following Statement of Overriding Considerations that have been
balanced against the unavoidable adverse impacts in reaching a decision on this Project.
SIGNIFICANT UNAVOIDABLE IMPACTS
Although all potential Project impacts have been substantially avoided or mitigated as described
in the preceding findings, there is no complete mitigation for the following Project impacts:
. Traffic (project impacts, cumulative project impacts)
. Air Quality (short-term construction emissions, long term mobile and stationary source
emissions, cumulative project emissions)
Details of these significant unavoidable adverse impacts were discussed in the San Bernardino
Merged Area A - Merger and Amendments Program EIR and are summarized, or were
otherwise provided in Section 3.8, Effects Which Remain Significant and Unavoidable in the
Final Program EIR After Mitigation and Findings, in the Statement of Facts and Findings.
OVERRIDING CONSIDERATIONS
To the extent that the significant effects of the Project are not avoided or substantially lessened
to below a level of significance, the Commission, having reviewed and considered the
OCTOBER 2010
72
Statement of Facts and Findings
Statement of Overriding Considerations
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
information contained in the San Bernardino Merged Area A - Merger and Amendments
Program EIR and the public record, and having balanced the benefits of the Project against the
unavoidable effects which remain, has found and determined that such unmitigated effects to
be acceptable in view of the following overriding considerations:
1. Project implementation would contribute to further the long-term goals and
objectives established for the Redevelopment Plan (existing and as amended) within
Merged Area A.
2. Project implementation would provide additional opportunities for the City to
implement the goals, objectives, and/or policies identified by the 2005 General Plan.
3. Project implementation would allow for Agency action within Merged Area A to
promote and facilitate the revitalization, rehabilitation and redevelopment of Merged
Area A, through the implementation of a variety of programs and projects including
public facility improvements, circulation improvements, economic development and
business retention, housing rehabilitation and affordable housing projects, and
community beautification and visual blight removal. Additionally, general
redevelopment program and project activities may be undertaken by the Agency in
its efforts to eliminate blight and blighting conditions including development,
rehabilitation, housing, and relocation assistance.
4. Project implementation would provide the Agency with the authority to rehabilitate
neighborhoods or develop economic incentive programs that would benefit and
encourage other redevelopment activities within Merged Area A.
5. Project implementation would allow for redevelopment authority and financial
mechanisms within Merged Area A to correct existing adverse conditions, which if
not corrected may further contribute to the decline of the area, potentially affecting
deleteriously physical and economic conditions in surrounding areas as well.
6. Project implementation would allow for Agency activity in Merged Area A to fund the
needed infrastructure and public improvements that would provide incentives for
increased public investment.
7. Project implementation would provide the Agency with the authority to use economic
development tools of redevelopment within Merged Area A to encourage private
owners or investors to correct or rehabilitate existing adverse environmental
conditions, such as, but not limited to deteriorated and dilapidated structures,
brownfields and other contaminated or potentially contaminated sites, and non-
conforming, both legal and illegal, properties that do not meet current development
standards or health and safety standards in the uniform codes.
Although significant impacts will remain, the Commission will mitigate any significant adverse
impacts to air quality and traffic to the maximum extent practicable. In its decision to approve
the Project, the Commission has considered the Project benefits to outweigh the environmental
impacts.
73
Statement of Facts and Findings
Statement of Overriding Considerations
OCTOBER 2010
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
3.12
ADOPTION OF MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE FINAL PROGRAM
EIR MITIGATION MEASURES
Public Resources Code Section 21081.6 requires the Commission to adopt a monitoring or
reporting program regarding the changes in the Proposed Project and mitigation measures
imposed to lessen or avoid significant effects on the environment. The Mitigation Monitoring
and Reporting Program included in the Final Program EIR has been adopted by the
Commission and has found that such program satisfies CEQA's mitigation monitoring
requirements:
1. The Mitigation Monitoring. and Reporting Program is designed to ensure compliance
with the changes in the Project and mitigation measures imposed on the Project
during project implementation, and measures to mitigate or avoid significant effects
on the environment are fully enforce able through permit conditions, agreements, or
other measures.
OCTOBER 2010
74
Statement of Facts and Findings
Statement of Overriding Considerations
1
2
Exhibit "B"
3
Mitigation Monitoring and Reporting Program
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16
P:lAgendaslResolutionslResolutions\201 0112-06-1 0 Metged Area A Program EIR, CDC Reso Con'l.doc
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
12.0 MITIGATION MONITORING AND
REPORTING PROGRAM
Sections 1.0 and 5.0 of this EIR identify the mitigation measures that will be implemented to
reduce the impacts associated with the San Bernardino Merged Area A - Merger and
Amendments project. The California Environmental Quality Act (CEQA) was amended in 1989
to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting
program for assessing and ensuring compliance with any required mitigation measures applied
to proposed development. As stated in Section 21081.6 of the Public Resources Code.
. . . the public agency shall adopt a reporting or monitoring program for the changes to
the project which it has adopted, or made a condition of project approval, in order to
mitigate or avoid significant effects on the environment.
Section 21081.6 provides general guidelines for implementing mitigation monitoring programs
and indicates that specific reporting and/or monitoring requirements, to be enforced during
project implementation, shall be defined prior to final certification of the EIR.
The mitigation monitoring table below lists those mitigation measures that may be included as
conditions of approval for the proposed Project. These measures correspond to those outlined
in Section 1.0 and discussed in Section 5.0. To ensure that the mitigation measures are
properly implemented. a monitoring program has been devised which identifies the timing and
responsibility for monitoring each measure. The applicant/developer of specific future projects
will have the responsibility for implementing the measures, and the Redevelopment Agency of
the City of San Bernardino and the various departments will have the primary responsibility for
monitoring and reporting the implementation of the mitigation measures.
FINAL. AUGUST 11, 2010
12-1
Comments and Responses
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R!:UEVELOPMENl AGENCY OF THE' CI'I Y OF SAN BEf~NARDINO
201 NORTH "E" STREET, SUITI:: 301 SAN l3t':RNAFWiNO, CA
{
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MERGED, AMENDED, AND RESTATED
REDEVELOPMENT PLAN FOR THE
SAN BERNARDINO MERGED REDEVELOPMENT
PROJECT AREA A
Redevelopment Agency of the City of San Bernardino
October 4,2010
Adopted:
Effective:
Ordinance No:
ROSENOW SPEVACEK GROUP, H\JC
www.webrsg com
REDEVELOPMENl AGENCY OF THE CITY OF SAt>J BERNARDINO
MERGED, AMENDED, AND RESTATED ReDEVELOPMENT PLAN
TABLE OF CONTENTS
SECTION I.
SECTION II.
SECTION III.
SECTION IV.
SECTION V.
SECTION VI.
SECTION VII.
SECTION VIII.
SECTION IX.
SECTION X.
SECTION XI.
EXHIBIT A-
MAP OF THE SAN BERNARDINO MERGED REDEVELOPMENT PROJECT AREA A....32
EXHIBIT B-
MERGED AREA A LEGAL DESCRIPTIONS .................................................................33
EXHIBIT C-
PROJECT LiST................... ........ ...................................................... .................. ........ 59
EXHIBIT D-
MAP OF REMAINING BLIGHT IN THE 10-YEAR EXTENSION AREAS ..........................61
(100) INTRODUCTION. .................. ......... ....... ........ .... .............................1
(200) GENERAL DEFINITIONS ....................................... ...... ................4
(300) MERGED AREA A BOUNDARIES ........... ....................................6
(400) REDEVELOPMENT PLAN GOALS .......... ....................................6
(500) REDEVELOPMENT ACTIONS ...................... ..... ............ ................7
(600) USES PERMITTED IN THE MERGED AREA A........................... 21
(700) METHODS FOR FINANCING THE PROJECT.............................25
(800) ACTIONS BY THE CiTy............................................................ 28
(900) ADMINISTRATION AND ENFORCEMENT ................................29
(1000) PLAN LIMITATIONS.. ............. ........... .......................... ............29
(1100) PROCEDURE FOR AMENDMENT.. ....... ................................. 31
'.
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REDEVELOIPIIIENlr AGIEINICY OF THE eil1Y OF SAN BERNARDINO
MERGED" A1MElNDED" AND RESTAlED REDEVELOPMENT PLAN
SECTION I.
(100) INTRODUCTION
This is the Merged, Amended, and Restated Redevelopment Plan for the San Bernardino Merged
Redevelopment Project Area A ("Merged Plan") and represents the following amendments to the
following Redevelopment Plans:
. Amendment No 7 to the Meadowbrook/Central City Project Area
. Amendment No.8 to the Redevelopment Plan for the Central City North Project Area
. Amendment No. 7 to the Redevelopment Plan for the Central City South Project Area
. Amendment No. 7 to the Redevelopment Plan for the Central City East Project Area
. Amendment NO.7 to the Redevelopment Plan for the Southeast Industrial Park Project Area
. Amendment No.5 to the Redevelopment Plan for the Tri-City Project Area
. Amendment No. 5 to the Redevelopment Plan for the South Valle Project Area
The following table delineates the adoption and amendment history for all of the above-mentioned
redevelopment plans:
Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project Area
Ordinance Adoption
No. Date
2233 , 7/21/1958
2649 2/23/1965
2953 10/22/1968
3059 3/16/1970
3683 11/9/1977
MC-558 12/9/1986
MC-559 ,
MC-723 4/2/1990
MC-917 12/19/1994
MC-1113 12/17/2001
MC-1207 6/20/2005
MC-1300 4/20/2009
Description
Rede\elopment Plan for the Meadowbrook Rede\elopment Project Area No. 1 is adopted.
Rede\elopment Plan for the Central City Rede\elopment Project Area No. 1 is adopted.
Rede\elopment Plan for Meadowbrook Rede\elopment Project Area NO.1 is amended to amend Section 4 of Ordinance
2233 approl.1ng and adopting rel.1sions, dated 9/3/1968 to the Rede\elopment Plan for the Meadowbrook Project Area
NO.1.
Rede\elopment Plan for Central City Rede\elopment Project Area is amended to amend Section 4 of Ordinance No.
2649 approl.1ng and adopting a rel.1sion to the Rede\elopment Plan for the Central City Project Area No.1.
Rede\elopment Plans for Meadowbrook and Central City Rede\elopment Project Areas merged for financial
purposes (now known as Rede\elopment Plan for the Central City Rede\elopment Project Area)
Amendment NO.1: Establish time and financial limits, including 1 )eminent domain for 12 yr. periOd; 2) time
limit to establish indebtedness; 3) bonded debt limit; and 4) tax increment limit.
Amendment NO.2: Amend tax increment limit calculation.
Amendment No.3: Establish plan effecti\eness, tax increment collection, repayment of indebtedness limits.
Amendment No.4: 2001 Eminent Domain Amendment; re-instate eminent domain authority
Amendment No.5: Extend plan effecti\eness, tax increment collection, and repayment of indebtedness time
limits by one year per CRL.
Amendment NO.6: Extend plan effecti\eness and repayment of indebtedness time limits by 2 years per CRL.
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDllNO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT IPILAIN
Redevelopment Plan for the Central City North Redevelopment Project Area
Description
Redeloelopment Plan for Central City North is adopted
Amendment No.1: Establish time and financial limits, including 1) eminent domain for 12 yr. period; 2) time
limit to establish indebtedness; 3) bonded debt limit; and 4) tax increment limit.
Amendment No.2: Amend tax increment limit calculation.
Amendment NO.3: Establish plan effectiloeness, tax increment collection, repayment of indebtedness limits.
Amendment NO.4: Eliminate time limit to incur indebtedness.
Amendment No.5: Adopt Amended & Restated Plan with modem language and reinstate eminent domain
authority.
Amendment NO.6: Extend plan effectiloeness, tax increment collection, and repayment of indebtedness time
limits by one year per CRl.
Amendment NO.7: Extend plan effectiloeness and repayment of indebtedness time limits by 2 years per CRl.
Redevelopment Plan for the Central City South Redevelopment Project Area
Description
Redeloelopment Plan for Central City South is adopted
Amendment No.1: Establish time and financial limits, including 1) eminent domain for 12 yr. period; 2) time
limit to establish indebtedness; 3) bonded debt limit; and 4) tax increment limit.
Amendment NO.2: Amend tax increment limit calculation.
Amendment NO.3: Establish plan effectiloeness, tax increment collection, repayment of indebtedness limits.
Amendment NO.4: 2001 Eminent Domain Amendment.
Amendment No.5: Extend plan effectiloeness, tax increment collection, and repayment of indebtedness time
limits by one year per CRl.
Amendment NO.6: Extend plan effectiloeness and repayment of indebtedness time limits by 2 years per CRL.
Redevelopment Plan for the Central City East Redevelopment Pro'ect Area
Description
Redeloelopment Plan for Central City East is adopted
Amendment NO.1: Establish time and financial limits, including 1) eminent domain for 12 yr. period; 2) time
limit to establish indebtedness; 3) bonded debt limit; and 4) tax increment limit.
Amendment NO.2: Amend tax increment limit calculation.
Amendment No.3: Establish plan effectiloeness, tax increment collection, repayment of indebtedness limits.
Amendment NO.4: 2001 Eminent Domain Amendment.
Amendment No.5: Extend plan effectiloeness, tax increment collection, and repayment of indebtedness time
limits by one year per CRL.
Amendment No.6: Extend plan effectiloeness and repayment of indebtedness time limits by 2 years per CRl.
Redevelopment Plan for the Southeast Industrial Park Redevelopment Project Area
Description
Redeloelopment Plan for Southeast Industrial Park is adopted
Amendment NO.1: Establish time and financial limits, including 1) eminent domain for 12 yr. period; 2) time
limit to establish indebtedness; 3) bonded debt limit; and 4) tax increment limit.
Amendment NO.2: Amend tax increment limit calculation.
Amendment NO.3: Establish plan effectiloeness, tax increment collection, repayment of indebtedness limits.
Amendment NO.4: Eliminate debt establishment time limit.
Amendment NO.5: Extend plan effectiloeness, tax increment collection, and repayment of indebtedness time
limits by one year per CRl.
Amendment NO.6: Extend plan effectiloeness and repayment of indebtedness time limits by 2 years per CRl.
Ordinance Adoption
No. Date
3366 8/6/1973
MC-561 12/9/1986
MC-719 4/2/1990
MC-920 12/19/1994
MC-1154 12/1/2003
MC-1182 9/7/2004
MC-1199 6/20/2005
MC-1294 4/20/2009
Ordinance Adoption
No. Date
3572 5/3/1976
MC-564 12/9/1986
MC-724 4/2/1990
MC-919 12/19/1994
MC-1104 9/17/2001
MC-1208 6/20/2005
MC-1301 4/20/2009
Ordinance Adoption
No. Date
3571 5/3/1976
MC-563 12/9/1986
MC-721 4/2/1990
MC-918 12/19/1994
MC-1112 12/3/2001
MC-1209 6/20/2005
MC-1302 4/20/2009
Ordinance Adoption
No. Date
3583 6/21/1976
MC-565 12/9/1986
MC-722 4/2/1990
MC-924 12/19/1994
MC-1156 12/1/2003
MC-1201 6/20/2005
Me-1296 4/20/2009
2
REDEVELOPMENT AGENCY or: THE CIIY or SAN f3EHNI\f~DI"IO
rVIERGED, AMENDED, ANLJ HESl Al ED HEDEVELOPl/iENl PL M~
Redevelopment Plan for the Tri-Ci Redevelopment Pro'eet Area
Description
Redewlopment Plan for Tn-Cit)' isa~optl!d__. .. _ . .
Amendment No.1: Establish time and financial limits, including 1) time limit to establish indebtedness;
2)time limit to pa)'Jrl~ebtedne.sslcol~l!ct!ll!< incre'!1en~: __ __ no _'n ___ __ _. ____
Amendment No. 2: EI~~ina_tEl de~te~!llblishment tillle.Ii.Ill.i!
Amendment No.3: Extend plan elfectiwness, tax increment collection, and repayment of indebtedness time
'.illlits by one year per CRL _ . _ __ __
Amendment No.4: Extend plan elfectiwness and repayment of indebtedness tifrJe limits by 2 years per CRL
Redevelopment Plan for the South Valle Redevelopment Pro eet Area
; Ordinance Adoption
No. Date
MC-283 I 6/20/1983
MC-926 12/19/1994
MC-1158 12/1/2003
MC-1203 6/20/2005
MC-1298 4/20/2009
Ordinance Adoption
No. Date
MC-387 7/9/1984
MC-923 12/19/1994
MC-1159 12/1/2003
MC-1204 ; 6/20/2005
MC-1299 4/20/2009
Description
RedewloPrnent Plan tor South Valle is adopted._
Amendment No.1: Establish time and financial limits, including 1) time limit to establish indebtedness;
2) time limit to pay indebtedness/collect tax increment. .._ __. _ . _
Amendlll,:mt No.2: Eliminate debt estllblishment time limit.
Amendment No.3: Extend plan effectiwness, tax increment collection, and repayment of indebtedness time
~~~~~~ - ..
Amendment No.4: Extend plan effectiwness and repayment of indebtedness time limits by 2 years per CRL
This Merged Plan also incorporates all previous amendments listed in the above table. The San
Bernardino Merged Redevelopment Project Area A ("Merged Area A") is located in the City of San
Bernardino, County of San Bernardino, State of California. The Merged Plan consists of the text
(Sections 100 through 1100), the Map of Merged Area A (Exhibit A), the legal description of the
Merged Area A boundaries (Exhibit B), a list of the proposed projects, programs, public facilities,
and infrastructure improvement projects that may be undertaken by the Agency in Merged Area A
(Exhibit C), and the map of remaining blight in Merged Area A (Exhibit D).
The Redevelopment Agency of the City of San Bernardino ("Agency") is proposing the San
Bernardino Redevelopment Project A Merger and Amendment ("Merger and Amendments") which
would merge and amend the Redevelopment Plans for the Meadowbrook/Central City, Central City
North, Central City South, Central City East, Southeast Industrial Park, Tri-City and South Valle
Redevelopment Project Areas that are summarized in the table below and detailed in the fist that
follows.
Tax Increment
& Bonded Merge Single - Merged,
Indebtedness Capital to-year Project Amended &
Merged Area A Cap Projects Extension Areas Restated Plan
MeadowbrooklCentral City ..; ..; ..; ..; -.J
Central City North ..; ..; ..; ..; ..;
Central City South ..; ..; ..; ..;
Central City East ..; ..; ..; ..;
Southeast Ind. Park ..; ..; ..; -.J
Tri-City ..; ..; ..; ..;
South Valle ..; ..; ..; ..;
As shown in the table above, the Merger and Amendments propose to accomplish the following:
'-
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3
REDEVELOPMENl AGENCY OF THE CITY OF SAN BERNAFWfNO
MERGED, AMENDED, AND RESTATED REDEVELOPMENl PLAN
IJ Merge and increase both the total amount of tax increment revenue the Agency may collect and
the total amount of bonded indebtedness which can be outstanding at one time within Merged
Area A;
., Update and expand the capital improvement projects list for Merged Area A;
IJ Extend by ten years the effectiveness of the Redevelopment Plans and the time to collect tax
increment revenue from the Meadowbrook/Central City and Central City North Project Areas;
IJ Amend the existing Redevelopment Plans to merge the Meadowbrook/Central City, Central City
North, Central City South, Central City East, Southeast Industrial Park, Tri-City, and South Valle
Project Areas for financial reasons and as allowed by the California Community Redevelopment
Law, Health and Safety Code Section 33000, et. seq. ("Redevelopment Law");
II Adopt a single Merged, Amended, and Restated Redevelopment Plan for the proposed Merged
Area A.
This Merged Plan has been prepared by the Agency pursuant to Redevelopment Law, the
California Constitution and all applicable laws and ordinances. It does not present a specific plan
for the redevelopment, rehabilitation and revitalization of any area within Merged Area A; instead, it
establishes a process and framework for implementation.
SECTION II.
(200) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Merged Plan unless otherwise
specified herein:
A. "Adopting Ordinance" means Ordinance No. _ adopted by the San Bernardino
Common Council on ,2010, adopting this Merged Plan.
B. "Agency" means the Redevelopment Agency of the City of San Bernardino, California.
C. "Agency Board" means the Community Development Commission acting as the
governing body of the Agency.
D. "CCE" means the Central City East Redevelopment Project Area which is the portion of
Merged Area A originally adopted by the Common Council on May 3, 1976, by
Ordinance No. 3571, and subsequently amended on December 9, 1986 by Ordinance
No. MC-563, April 2, 1990 by Ordinance No. MC-721, December 19, 1994 by Ordinance
No. MC-918, December 3, 2001 by Ordinance No. MC-1112, June 20, 2005 by
Ordinance No. MC-1209, and April 20, 2009 By Ordinance No. MC-1302.
E. "CCN" means the Central City North Redevelopment Project Area which is the portion of
Merged Area A originally adopted by the Common Council on August 6, 1973, by
Ordinance No. 3366, and subsequently amended on December 9, 1986 by Ordinance
No. MC-561, April 2, 1990 by Ordinance No. MC-719, December 19,1994 by Ordinance
No. MC-920, December 1, 2003 by Ordinance No. MC-1154, September 7,2004 by
Ordinance No. MC-1182, June 20,2005 by Ordinance No. MC-1199, and April 20, 2009
by Ordinance No. MC-1294.
F. "CCS" means the Central City South Redevelopment Project Area which is the portion of
Merged Area A originally adopted by the Common Council on May 3, 1976 by Ordinance
No. 3572, and subsequently amended on December 9, 1986 by Ordinance No. MC-564,
April 2, 1990 by Ordinance No. MC-724, December 19, 1994 by Ordinance No. MC-919,
September 17, 2001 by Ordinance No. MC-1104, June 20, 2005 by Ordinance No. MC-
1208, and April 20, 2009 by Ordinance No. MC-1301.
'"
," )
4
REDEVELOPMENT AGENCY OF lHE CITY OF SAN BERNARDINO
MERGED, AMENDED" AND RESTATED REDEVELOPMENT PLAN
G. "City" means the City of San Bernardino, California.
H. "Common Council" means the legislative body of the City.
J. "County" means the County of San Bernardino, California.
J. "Disposition and Development Agreement" means an agreement between a developer
and the Agency that sets forth terms and conditions for sale, improvement and
redevelopment of property in the Merged Area A.
K. "General Plan" means the City's General Plan, a comprehensive and long-term General
Plan for the physical development of the City as provided for in Section 65300 of the
California Government Code.
L. "M/CC" means the Meadowbrook/Central City Redevelopment Project Area which is the
portion of Merged Area A originally adopted by the Common Council on July 21, 1958 by
Ordinance No. 2233, and subsequently amended on February 24, 1965 by Ordinance
No. 2649, October 22, 1968 by Ordinance No. 2953, March 16, 1970 by Ordinance No.
3059, November 9, 1977 by Ordinance No. 3683, December 9, 1986 by Ordinance No.
MC-558, April 2, 1990 by Ordinance No. MC-723, December 19,1994 by Ordinance No.
MC-917, December 17, 2001 by Ordinance No. MC-1113, June 20, 2005 by Ordinance
No. MC-1207, and April 20, 2009 by Ordinance No. MC-1300.
M. "Map" means the Map of the Merged Area A attached hereto as Exhibit A.
N. "Merged Area A" means the San Bernardino Merged Redevelopment Project Area A
which includes the CCN, SEIP, Tri-City, South Valle, M/CC, CCE, and CCS Project
Areas which is the territory this Merged Plan applies to, as shown on Exhibit A, and
described in Exhibit B.
O. "Merged Plan" means the Merged, Amended, and Restated Redevelopment Plan for the
San Bernardino Merged Redevelopment Project Area A as adopted by the Adopting
Ordinance.
P. "Method of Relocation" means the methods or plans adopted by the Agency pursuant to
Sections 33352(f), 33411, and 33411.1 of the Redevelopment Law for the relocation of
families, persons, businesses, and nonprofit local community institutions to be
temporarily or permanently displaced by actions of the Agency.
Q. "Participation Agreement" means an agreement entered into between the Agency and
an Owner, persons engaged in business, or a tenant doing business within Merged Area
A in accordance with the provisions of the Merged Plan and any rules that may be
adopted and which contains the specific responsibilities and obligations of each party
regarding specific implementation of the property improvements and land uses.
R. "Person" means an individual(s), or any public or private entities.
S. "Project" means any undertaking of the Agency pursuant to this Merged Plan.
T. "Redevelopment Law" means the California Community Redevelopment Law (Health
and Safety Code, Sections 33000, et seq.).
U. "Rules" means the "Rules Governing Participation and Reentry Preferences by Property
Owners, Operator of Businesses, and Business Tenants" or such similar documents as
may be adopted by the Agency to implement policies identified in Redevelopment Law
and Section V of this Merged Plan.
V. "South Valle" means the South Valle Redevelopment Project Area which is the portion of
Merged Area A originally adopted by the Common Council on July 11, 1984 by
5
REDEVELOPMENT AGENCY OF 'THE CITY OF SAN BERNARDINO
MERGED. AMENDED. AND RESTATED REDEVELOPMENT PLAN
Ordinance No. MC-387, and subsequently amended on December 19, 1994 by
Ordinance No. MC-923, December 1,2003 by Ordinance No. MC-1159, June 20, 2005
by Ordinance No. MC-1204, and April 20, 2009 by Ordinance No. MC-1299.
W. "SEIP" means the Southeast Industrial Park Redevelopment Project Area which is the
portion of Merged Area A originally adopted by the Common Council on June 21 1976
by Ordinance No. MC-3583, and subsequently amended on December 9, 1986 by
Ordinance No. MC-565, April 2, 1990 by Ordinance No. MC-722, December19, 1994 by
Ordinance No. MC-924, December 1,2003 by Ordinance No. MC-1156, June 20, 2005
by Ordinance No. MC-1201, and April 20, 2009 by Ordinance No. MC-1296.
X. "State" means the State of California.
Y. "Tri-City" means the Tri-City Redevelopment Project Area which is the portion of Merged
Area A originally adopted by the Common Council on June 20, 1983 by Ordinance No.
MC-283, and subsequently amended on December 19, 1994 by Ordinance No. MC-926,
December 1, 2003 by Ordinance No. MC-1158, June 20,2005 by Ordinance No. MC-
1203, and April 20, 2009 by Ordinance No. MC-1298.
SECTION III.
(300) MERGED AREA A BOUNDARIES
The boundaries of Merged Area A are illustrated on the map attached hereto and incorporated
herein as Exhibit A. The legal description of the boundaries of Merged Area A is as described in
Exhibit B attached hereto and incorporated herein.
SECTION IV.
(400) REDEVELOPMENT PLAN GOALS
Implementation of this Merged Plan is intended to achieve the following goals:
. Eliminate and prevent the spread of conditions of blight, including but not limited to:
underutilized properties and deteriorating buildings, incompatible and uneconomic land uses,
deficient infrastructure and facilities, obsolete structures, parking deficiencies and other
economic deficiencies, in order to create a more favorable environment for commercial,
industrial, office, residential, and recreational development.
. Encourage the cooperation and participation of residents, businesses, public agencies, and
community organizations in the economic revitalization of Merged Area A.
. Promote the economic development of Merged Area A by providing an attractive, well-serviced,
well protected environment for residents and visitors.
· Develop property within a coordinated land use pattern of residential, commercial, industrial,
recreational and public facilities in Merged Area A consistent with the goals, policies, objectives,
standards, guidelines and requirements, as set forth in the City's adopted General Plan and
Zoning Code.
· Implement design and use standards to assure high aesthetic and environmental quality, and
provide unity and integrity to development within Merged Area A
. Eliminate environmental deficiencies and inadequate public improvements including but not
limited to inadequate street improvements and off-site parking, inadequate utility systems, and
inadequate public services and facilities.
· Develop efficient and safe circulation improvements for vehicles and pedestrians.
6
REDEVELOPMENT AGENCY Of THE CRY OF SAN BERNARDINO
MERGED, AMENDED. AND RESTATED REDEVELOPMENT PLAN
· Implement beautification activities to improve the visual image of the City as well as reinforce
existing assets and expand the potential of Merged Area A to encourage private investment.
· Encourage, promote and assist in the development and expansion of local commerce and
needed commercial and industrial facilities, including providing assistance to finance facilities or
capital improvements on property used for industrial or manufacturing purposes to increase
local employment and improve the economic climate within Merged Area A.
· Remove impediments to land disposition and development through improved infrastructure and
public facilities, and the acquisition and assemblage of property into usable sites for
commercial, industrial, recreational, and public facility development.
· Increase, improve, and preserve housing affordable to very low, low and moderate income
households, as well as promote homeownership, consistent with the goals and objectives of the
community.
· Encourage the restoration and reuse of older, historic structures which add to the City's
character and sense of community identity.
SECTION V.
(500) REDEVELOPMENT ACTIONS
A. (501) General
The Agency proposes to eliminate and prevent the recurrence of blight, and improve the
economic base of Merged Area A by:
1. Rehabilitating, altering, remodeling, improving, modernizing, clearing, or
reconstructing buildings, structures and improvements.
2. Rehabilitating, preserving, developing or constructing affordable housing in
compliance with State law.
3. Providing the opportunity for owners and tenants presently located in Merged Area A
to participate in redevelopment projects and programs, and extending preferences to
occupants to remain or relocate within the redeveloped Merged Project Area.
4. Providing relocation assistance to displaced residential and nonresidential
occupants, if necessary.
5. Facilitating the development or redevelopment of land for purposes and uses
consistent with this Merged Plan.
6. Providing incentives for property owners, tenants, businesses, and residents to
participate in improving conditions throughout Merged Area A.
7. Acquiring real property by purchase, lease, gift, grant, request, devise or any other
lawful means, including by eminent domain, unless specifically exempted, after the
conduct of appropriate hearings.
8. Combining parcels and properties where and when necessary.
9. Preparing building sites and constructing necessary off-site improvements.
7
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED. AMENDED. AND RESTATED REDEVELOPMENT PLAN
10. Acquiring, installing, developing, constructing, reconstructing, redesigning, planning,
replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices,
utilities, flood control facilities and other public improvements and public facilities.
11. Providing additional parking throughout the Merged Area A.
12. Providing for open space.
13. Managing property owned or acquired by the Agency.
14. Assisting in procuring financing for the construction of residential, commercial, and
office buildings to increase the commercial base and enhance the residential
neighborhoods of Merged Area A, and increase the number of temporary and
permanent jobs in the City.
15. Disposing of property including, without limitation, the lease or sale of land at a value
determined by the Agency for reuse in accordance with this Merged Plan.
16. Establishing controls, restrictions or covenants running with the land, so that property
will continue to be used in accordance with this Merged Plan.
17. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and
dedicating other areas for public purposes consistent with the objectives of this
Merged Plan.
18. Providing replacement housing, if any is required.
19. Applying for and utilizing grants, loans and any other assistance from federal or State
governments, or other sources.
20. Taking actions the Agency determines are necessary and consistent with State,
federal and local laws to make structural repairs to buildings and structures, including.
historical buildings, to meet building code standards related to seismic safety.
21. Taking actions the Agency determines are necessary and consistent with State,
federal and local laws to remedy or remove a release of hazardous substances on,
under or from property within Merged Area A or to remove hazardous waste from
property.
22. Preparing and carrying out plans from time to time for the improvement,
rehabilitation, and redevelopment of blighted areas and creating a variety of
economic development programs which will help build a stronger economic base
within Merged Area A.
23. Assisting businesses in Merged Area A with sign and facade improvements and
general rehabilitation by providing loans and grants.
24. Adopting specific design guidelines for projects to ensure a consistent design theme
which will guide rehabilitation, new development, developers, architects, and
builders.
25. Developing programs to assist owners in Merged Area A with the preservation and
rehabilitation of historically significant buildings and sites.
To accomplish these actions and to implement this Merged Plan, the Agency is authorized
to use the powers provided in this Merged Plan, and the powers now or hereafter permitted
by the Redevelopment Law and any other State law.
8
REDEVELOPMENT AGB/lCY OF mE Clr1llf OF SAINI BERNARDINO
MERGED. AMENDED" AND RIES'lrA1I13D IRIEIDEVIELOPMENT PLAN
B. (502) Property Acauisition
1. (503) Acauisition of Real Property
The Agency may acquire real property, any interest in property, and any
improvements on it by any means authorized by law including, without limitation, by
gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest,
devise or, unless specifically exempted, by eminent domain. As provided by Section
19, Article 1 of the California Constitution (Proposition 99), eminent domain may not
be used to acquire owner occupied single family homes for the purposes of
conveying the property to a private party.
Eminent domain may be used to acquire any property within CCN, MICC, CCE, or
CCS Project Areas now or hereafter permitted by this Merged Plan, Redevelopment
Law, and any other State law.
Eminent domain shall not be used to acquire any property within SEIP, Tri-City, or
South Valle Project Areas unless this provision is subsequently amended.
a. (503.1) Eminent Domain Time Limitations
Except as otherwise provided herein, or otherwise provided by law, no eminent
domain proceedings shall be commenced in the following portions of Merged Area A
after the following time limitations:
MerQed Area A- Proiect Areas
MeadowbrooklCentral City
Central City North
Central City South
Central City East
Southeast Industrial Park
Tri-City
South Valle
Time Limit
January 17, 2014
August 6, 2013
September 17, 2013
January 3, 2014
Expired
Expired
No Authority
Such time limitations may be extended only by amendment of this Merged Plan,
unless otherwise provided by law.
The Agency is authorized to acquire real property devoted to public use through
eminent domain, but property of a public body shall not be acquired without its
consent unless permitted by Law.
2. (504) ACQuisition of Personal Property
Where necessary in the implementation of this Merged Plan, the Agency is
authorized to acquire personal property in Merged Area A by any lawful means,
including, without limitation, any means authorized by this Merged Plan or by law for
the acquisition of real property.
C. (505) Participation by Owners and Persons EnaaQed in Business
9
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
1. (506) Owner Participation
The Agency encourages all property owners, tenants, and businesses in Merged
Area A to be actively involved in improvement and community development within
Merged Area A.
In addition to opportunities for participation by individual persons and firms,
participation, to the extent it is feasible, shall be available for two or more persons,
firms or institutions, to join together in partnerships, corporations, or other joint
entities.
Opportunities to participate in the redevelopment of property in Merged Area A may
include without limitation the rehabilitation of property or structures; the retention of
improvements; the development of all or a portion of the participant's property; the
acquisition of adjacent or other properties from the Agency; purchasing or leasing
properties in Merged Area A; participating with developers in the improvement of all
or a portion of a participant's properties; or other suitable means consistent with
objectives and proposals of this Merged Plan and with the Agency's rules governing
owner participation and re-entry.
The Agency desires participation in redevelopment activities by as many owners and
business tenants as possible. However, participation opportunities shall necessarily
be subject to and limited by such minimum factors as the expansion of public or
public utilities facilities; elimination and changing of land uses; realignment of streets;
the ability of the Agency and/or owners and business tenants to finance acquisition
and development activities in accordance with this Merged Plan; and whether the
proposed activities conform to and further the goals and objectives of this Merged
Plan.
If conflicts develop between proposals of participants, this Merged Plan authorizes
the Agency to, in its discretion, decline any ofter of owner participation or resolve
conflicting proposals between owners interested in redeveloping property by
establishing reasonable priorities and preferences among participants based upon
the above identified factors.
2. (507) Reentry Preferences for Persons Enoaoed in Business in Meroed Area A
Consistent with Redevelopment Law, the Agency shall extend preference to such
property owners, tenants and businesses to continue in or, if the Agency acquires
the land of an owner or the land on which a person engaged in business is located,
to reenter Merged Area A if any such owner or such person otherwise meets the
requirements prescribed in the Merged Plan and in such Rules as the Agency may
enact. The ability to participate may be limited by market conditions.
Owners of real property in Merged Area A shall be given the opportunity to
participate in the redevelopment of Owner's property in Merged Area A, if such
Owner agrees to participate in the redevelopment consistent with the Merged Plan
and such Rules as the Agency may enact, provided such Owner is qualified to
undertake and complete the proposed redevelopment activity as determined by the
Agency.
10
REDEVELOPMENT AGENCY Of mE CnY Of SAN BERNARDINO
MERGED, AMENDED. AND RESlrAlED REDEVELOPMENT PLAN
In appropriate circumstances, as determined by the Agency, where such action
would foster the goals and objectives of the Merged Plan, an owner may participate
in substantially the same location either by retaining all or portions of his/her property
and purchasing adjacent property if needed and available for development;
rehabilitating or demolishing all or part of his/her existing buildings or structures;
initiating new development; and selling property or improvements to the Agency.
When necessary to accomplish the objectives of the Merged Plan as determined by
the Agency, the Agency may buy land and improvements at fair market value from
existing owners and ofter real property for purchase to prospective owner-
participants within Merged Area A.
Non-property owners who are tenants engaged in business in Merged Area A will be
given opportunities to remain or to obtain reasonable preferences to reenter in
business within Merged Area A if they otherwise meet the requirements prescribed
by the Merged Plan and these Rules.
3. (508) Owner Particioation
a. Owner Particioation Aareements
The Agency is authorized to enter into a Participation Agreement with Owners
desiring to develop or improve their properties within Merged Area A. The Agency
may, through the Participation Agreement, impose any of the standards, restrictions,
and controls of the Merged Plan or any design guidelines adopted by the Agency
pursuant to the Merged Plan. All conditions imposed shall be reasonably related to
the goals and objectives of the Merged Plan, rules and regulations and/or the
impacts of the proposed development.
b. Statement of Interest
Consistent with Redevelopment Law, the Rules and any other guidelines it may
enact, the Agency shall solicit a Statement of Interest in owner participation from the
Owner of Property that is the subject of the redevelopment proposals (Le. the
property that may be acquired, developed or rehabilitated).
c. Prooerty OwnerlTenant Prooosals
If a Statement of Interest meets Agency requirements and proposes participation that
is feasible, the Agency shall invite the Owner to submit to the Agency a proposal for
the project identified in the Statement of Interest.
The Agency retains and shall exercise the discretion vested in it by law to consider
and determine whether a proposal for redevelopment submitted by an Owner for
participation conforms to, and meets the goals and objectives of, the Merged Plan
and the Rules. The Agency shall exercise said discretion reasonably, in good faith,
and without discrimination.
D. (509) Imolementina Rules
The provisions of Sections 505-508 of this Merged Plan shall be implemented according to
the Rules adopted by the Agency prior to the adoption of the Adopting Ordinance, which
11
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
may be amended from time to time by the Agency. Such Rules allow for Participation
Agreements with the Agency.
E. (510) Cooperation with Public Bodies
Certain public bodies are authorized by State law to aid and cooperate, with or without
consideration, in the planning and implementation of activities authorized by this Merged
Plan. The Agency shall seek the aid and cooperation of such public bodies and shall
attempt to coordinate the implementation of this Merged Plan with the activities of such
public bodies in order to accomplish the purposes of redevelopment and to achieve the
highest public good.
The Agency shall seek the cooperation of all public bodies which own or intend to acquire
property in Merged Area A. Any public body which owns or leases property in Merged Area
A will be afforded all the privileges of owner and business tenant participation if such public
body is wiUing to enter into a Participation Agreement with the Agency. All plans for
development of property in Merged Area A by a public body shall be subject to Agency
approval.
The Agency may impose on all public bodies the planning and design controls contained in
and authorized by this Merged Plan to ensure that present uses and any future development
by public bodies will conform to the requirements of this Merged Plan. The Agency is
authorized, to the extent permissible by law, to financially (and otherwise) assist public
bodies in the cost of public land, buildings, facilities, structures or other improvements
(within or outside Merged Area A) where such land, buildings, facilities, structures, or other
improvements are of benefit to Merged Area A.
F. (511) Property Manaaement
During such time as property, if any, in Merged Area A is owned by the Agency, such
property shall be under the management and control of the Agency. Such properties may
be rented or leased by the Agency pending their disposition.
G. (512) Payments to Taxina Aaencies
The Agency may pay, but is not required to pay, in any year during which it owns property in
Merged Area A that is tax exempt, directly to any City, County or district, including, but not
limited to, a school district, or other public corporation for whose benefit a tax would have
been levied upon such property had it not been tax exempt, an amount of money in lieu of
taxes that may not exceed the amount of money the public entity would have received if the
property had not been tax exempt.
To the extent required by Redevelopment Law, the Agency will make statutory pass-through
payments to affected taxing entities. The Agency will also make pass-through payments
pursuant to its existing tax-sharing agreements with the Colton School District and Redlands
Unified School District for the Tri-City Project Area, and San Bernardino Municipal Water
District for the Tri-City and South-Valle Project Areas.
H. (513) Relocation of Persons Displaced by a Proiect
12
REDEVELOPMENT AGENCY Of THE CItlY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED IREDEVELOPMENT PLAN
1. (514) Relocation Proaram
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et sea.), the guidelines adopted and promulgated
by the California Department of Housing and Community Development (the
"Relocation Guidelines") and the Method of Relocation adopted by the Agency, the
Agency shall provide relocation benefits and assistance to all persons (including
families, business concerns and others) displaced by the Agency's acquisition of
property in Merged Area A or as otherwise required by law. Such relocation
assistance shall be provided in the manner required by the Method of Relocation. In
order to carry out a redevelopment project with a minimum of hardship, the Agency
will assist displaced households in finding decent, safe and sanitary housing within
their financial means and otherwise suitable to their needs. The Agency shall make
a reasonable effort to relocate displaced individuals, families, and commercial and
professional establishments within Merged Area A. The Agency is also authorized to
provide relocation for displaced persons outside Merged Area A.
2. (515) Relocation Benefits and Assistance
The Agency shall provide all relocation benefits required by law and in conformance
with the Method of Relocation, Relocation Guidelines, State Relocation Law
(Government Code 7260 through 7277), Redevelopment Law, and any other
applicable rules and regulations. In addition, the Agency may make any additional
relocation payments which, in the Agency's opinion, may be reasonably necessary to
carry out the purposes of this Merged Plan. These additional payments shall be
subject to the availability of funds for such purpose.
I. (516) Demolition. Clearance. Public Improvements. Site Preparation and Removal
of Hazardous Waste
1. (517) Demolition and Clearance
The Agency is authorized, for property acquired by the Agency or pursuant to an
agreement with the owner of property, to demolish, clear or move buildings,
structures, or other improvements from any real property as necessary to carry out
the purposes of this Merged Plan.
2. (518) Public Improvements
To the extent permitted by law, the Agency is authorized to install and construct or to
cause to be installed and constructed the public improvements and public utilities
(within or outside Merged Area A) necessary to carry out the purposes of this
Merged Plan. Such public improvements include, but are not limited to: over or
underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm
drains; traffic signals; electrical distribution systems, natural gas distribution systems;
cable TV systems; fiber optics; water distribution systems; parks; plazas;
playgrounds; public parking facilities; landscaped areas; schools; libraries; civic;
cultural; and recreational facilities; and pedestrian improvements. A list of proposed
public facilities and infrastructure improvement projects is included in the projects list
set forth in Exhibit C and incorporated herein by reference.
13
REDEVELOPMENT AGENCY OF THE eny OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
The Agency, as it deems necessary to carry out the Merged Plan and subject to the
consent of the Common Council, may pay all or part of the value of the land for and
the cost of the installation and construction of any building, facility, structure or other
improvement which is publicly owned either within or outside Merged Area A, upon
both the Agency Board and the Common Council making the applicable
determinations required pursuant to the Redevelopment Law.
When the value of such land or the cost of the installation and construction of such
building, facility, structure or other improvement, or both, has been, or will be, paid or
provided for initially by the City or other public corporation, the Agency may enter into
a contract with the City or other public corporation under which it agrees to reimburse
the City or other public corporation for all or part of the value of such land or all or
part of the cost of such building, facility, structure or other improvements, or both, by
periodic payments over a period of years. Any obligation of the Agency under such
contract shall constitute an indebtedness of the Agency for the purposes of carrying
out this Merged Plan.
3. (519) Preparation of Buildina Sites
The Agency may develop as a building site any real property owned or acquired by
it. In connection with such development it may cause, provide, or undertake or make
provisions with other agencies for the installation, or construction of streets, utilities,
parks, playgrounds and other public improvements necessary for carrying out this
Merged Plan in Merged Area A.
4. (520) Removal of Hazardous Waste
To the extent legally allowable, the Agency may take any actions which the Agency
determines are necessary and which are consistent with other State and federal
laws, to remedy or remove a release of hazardous substances on, under, or from
property within Merged Area A.
J. (521) Rehabilitation. Movina of Structures bv the Aaencv and Seismic Repairs
1. (522) Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated
and conserved, any property, building or structure in Merged Area A owned by the
Agency. The Agency is also authorized to advise, encourage, and assist (through a
loan program or otherwise) in the rehabilitation and conservation of property,
buildings or structures in Merged Area A not owned by the Agency to the extent
permitted by the Redevelopment Law. The Agency is authorized to acquire, restore,
rehabilitate, move and conserve buildings of historic or architectural significance.
It shall be the purpose of this Merged Plan to allow for the retention of as many
existing businesses as practicable and to enhance the economic life of these
businesses by a program of voluntary participation in their conservation and
rehabilitation. The Agency is authorized to conduct a program of assistance and
enforcement to encourage owners of property within Merged Area A to upgrade and
maintain their property consistent with this Merged Plan and such standards as may
be developed for Merged Area A.
14
REDEVELOPMENT AGENCY OF 'THE CnY OIF SAINI IBERNARDlNO
MERGED, AMENDED" AND RESTAmD RlEDE'\1IELOIPlIiftIENT IPILAN
The extent of rehabilitation in Merged Area A shall be subject to the discretion of the
Agency based upon such objective factors as:
a. Compatibility of rehabilitation with land uses as provided for in this
Merged Plan.
b. Economic feasibility of proposed rehabilitation and conservation
activity.
c. Structural feasibility of proposed rehabilitation and conservational
activity.
d. The undertaking of rehabilitation and conservation activities in an
expeditious manner and in conformance with the requirements of this
Merged Plan and such property rehabilitation standards as may be
adopted by the Agency.
e. The need for expansion of public improvements, facilities and utilities.
f. The assembly and development of properties in accordance with this
Merged Plan.
The Agency may adopt property rehabilitation standards for the rehabilitation of
properties in Merged Area A.
2. (523) Movina of Structures
As necessary in carrying out this Merged Plan, the Agency is authorized to move, or
to cause to be moved, any building structures or other improvements from any real
property acquired which can be rehabilitated to a location within or outside Merged
Area A.
3. (524) Seismic Retrofit
For any project undertaken by the Agency within Merged Area A for building
rehabilitation or alteration in construction, the Agency may, by following all applicable
procedures which are consistent with local, State, and federal law, take those actions
which the Agency determines are necessary to provide for seismic retrofits.
K. (525) Propertv Disposition and Development
1. (526) Real Property Disposition and Development
a. (527) General
For the purposes of this Merged Plan, the Agency is authorized to sell, lease,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage or
deed of trust, or otherwise dispose of any interest in real property. To the
extent permitted by law, the Agency is authorized to dispose of real property
by negotiated lease or sale without public bidding. Except as otherwise
permitted by law, before any interest in property of the Agency acquired in
whole or in part, directly or indirectly, with tax increment moneys is sold or
15
REDEVELOPMENT AGENCY OF THE CRY OF SAN BERNARDINO
MERGED. AMENDED. AND RESTATED REDEVELOPMENT PLAN
leased for development pursuant to this Merged Plan, such sale or lease
shall be first approved by the Common Council after public hearing.
Except as otherwise permitted by law, no real property acquired by the
Agency, in whole or in part with tax increment, or any interest therein, shall be
sold or leased for development pursuant to the Merged Plan for an amount
less than its fair market value, or the fair reuse value at the use and with the
covenants, conditions and development costs authorized by the sale or lease.
Unless otherwise permitted by law, the real property acquired by the Agency
in Merged Area A, except property conveyed to it by the City, shall be sold or
leased to public or private persons or entities for improvement and use of the
property in conformance with this Merged Plan. To the extent permitted by
law, real property may be conveyed by the Agency to the City, and where
beneficial to Merged Area A, to any other public body without charge or for an
amount less than fair market value.
All purchasers or lessees of property from the Agency shall be obligated to
use the property for the purposes designated in this Merged Plan, to begin
and complete improvement of such property within a period of time which the
Agency fixes as reasonable, and to comply with other conditions which the
Agency deems necessary to carry out the purposes of this Merged Plan.
During the period of redevelopment in Merged Area A, the Agency shall
ensure that all provisions of this Merged Plan, and other documents
formulated pursuant to 0 this Merged Plan, are being observed, and that
development of Merged Area A is proceeding in accordance with applicable
development documents and time schedules.
All development, whether public or private, must conform to this Merged Plan
and all applicable federal, State, and local laws, including without limitation
the City's planning and zoning ordinances, building, environmental and other
land use development standards. Such development must receive the
approval of all appropriate public agencies.
b. (528) Purchase and Development Documents
To provide adequate safeguards to ensure that the provisions of this Merged
Plan will be carried out and to prevent the recurrence of blight, all real
property sold, leased, or conveyed by the Agency, as well as all property
subject to Participation Agreements, shall be made subject to the provisions
of this Merged Plan by leases, deeds, contracts, agreements, declarations of
restrictions, provisions of the planning and zoning ordinances of the City,
conditional use permits, or other means. Where appropriate, as determined
by the Agency, such documents or portions thereof shall be recorded in the
office of the Recorder of the County.
Leases, subleases, deeds, contracts, agreements, and declarations of
restrictions of the Agency may contain restrictions, covenants, covenants
16
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
IIIERGED" AMENDED. AND RESTATED REDEVELOPMENT IPILAN
running with the land, rights of reverter, conditions subsequent, equitable
servitudes, or any other provisions necessary to carry out this Merged Plan.
The Agency shall reserve such powers and controls in Disposition and
Development Agreements or similar agreements as may be necessary to
prevent transfer, retention, or use of property for speculative purposes and to
ensure that redevelopment is carried out pursuant to this Merged Plan.
The Agency shall obligate lessees and purchasers of real property acquired
in redevelopment projects and owners of property improved as part of a
redevelopment project to refrain from discrimination or segregation based
upon race, color, creed, religion, national origin, ancestry, sex, marital status,
sexual orientation, physical condition, pregnancy or pregnancy-related
condition, political affiliation or opinion, age, or medical condition in the sale,
lease, sublease, transfer, use occupancy, tenure or enjoyment of property in
Merged Area A. All property sold, leased, conveyed, or subject to Disposition
and Development Agreements shall be expressly subject by appropriate
documents to the restriction that all deeds, leases, subleases, or contracts for
the sale, lease, sublease or other transfer of land in Merged Area A shall
contain such nondiscrimination and non-segregation clauses as are required
bylaw.
2. (529) Personal Property Disposition
For the purposes of this Merged Plan, the Agency is authorized to sell, lease,
exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of
personal property.
L. (530) Provision for Low and Moderate Income Housina
1. (531) Definition of Terms
Unless otherwise permitted or required by law, the terms "affordable housing cost",
"replacement dwelling unit", "persons and families of low or moderate income",
"substantially rehabilitated dwelling units" and "very low income households" as used
herein shall have the meanings as now defined by the Redevelopment Law and
other State and local laws and regulations pertaining thereto.
2. (532) Authority Generally
The Agency may, inside or outside Merged Area A: acquire real property, buildings
sites, buildings or structures, donate real property, improve real property or building
sites, construct or rehabilitate buildings or structures, and take any other such
actions as may be permitted by the Redevelopment Law, in order to provide housing
for persons and families of low or moderate income.
3. (533) Replacement Housina
Whenever dwelling units housing persons and families of low or moderate income
are destroyed or removed from the low and moderate income housing market as part
of a redevelopment project subject to a written agreement, the Agency shall, within
17
REDEVELOPMENT AGENCY OF THE C!ITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
four years of such destruction or removal, rehabilitate, develop or construct, or cause
to be rehabilitated, developed or constructed, for rental or sale to persons and
families of low or moderate income, an equal number of replacement dwelling units
which have an equal or greater number of bedrooms as those destroyed or removed
units at affordable housing costs within the territorial jurisdiction of the Agency
consistent with Redevelopment Law.
The Agency shall comply with all proVisions of Redevelopment Law pertaining to
replacement housing.
4. (534) New or Rehabilitated Dwellina Units Developed Within the Proiect
Area
Unless otherwise permitted by law, at least thirty percent (30%) of all new and
substantially rehabilitated dwelling units developed by the Agency shall be available
at affordable housing cost to persons and families of low or moderate income and of
such thirty percent (30%), not less than fifty percent (50%) shall be available to and
occupied by very low income households. Unless otherwise permitted by law, at
least fifteen percent (15%) of all new and substantially rehabilitated dwelling units
developed within Merged Area A by public or private entities or persons other than
the Agency shall be available at affordable housing cost to persons and families of
low or moderate income and of such fifteen percent (15%), not less than forty
percent (40%) shall be available at affordable housing cost to very low income
households. The percentage requirements set forth in this Section 534 shall apply
independently of the requirements of Section 533 of this Merged Plan and in the
aggregate to the supply of housing to be made available pursuant to this Section 534
and not to each individual case of rehabilitation, development or construction of
dwelling units.
Pursuant to Section 33413(b) (4) of the Redevelopment Law, as may be amended
from time to time, the Agency shall prepare and adopt a Housing Compliance Plan to
comply with the requirements set forth above, for Merged Area A. The Housing
Compliance Plan shall be consistent with, and may be included within the Housing
Element of the City's General Plan. Unless otherwise permitted by law, the Housing
Compliance Plan shall be reviewed and, if necessary, amended at least every five
(5) years in conjunction with the Housing Element or Implementation Plan cycle.
Unless otherwise permitted by law, the Housing Compliance Plan shall ensure that
the requirements of this section are met every ten (10) years.
Except as otherwise permitted or required by law, the Agency shall require, by
contract or other appropriate means, that whenever any low and moderate income
housing units are developed within Merged Area A, such units shall be made
available on a priority basis for rent or purchase, whichever the case may be, to
persons and families of low or moderate income displaced by the Project; failure to
give such priority shall not affect the validity of title to the real property upon which
such housing units have been developed.
5. (535) Duration of Dwellinq Unit Availability
Unless otherwise permitted by law, the Agency shall require the aggregate number
of dwelling units rehabilitated, developed or constructed pursuant to Sections 533
18
REDEVlELOPIIIENT AGENCY OF THE CfllY OF SAINI BERNARDINO
!MERGED" .MlIIENIOlED" AND RESTATED REDEVEILOPMENT PLAN
and 534 of this Merged Plan to remain available at affordable housing cost to very
low income, low income, and moderate income households for the longest feasible
time, as determined by the Agency, but for not less than the period of the residential
land use controls established in Section X of this Merged Plan.
6. (536) Relocation Housina
If insufficient suitable housing units are available in the City for use by persons and
families of low or moderate income displaced by a Project, the Agency may, to the
extent of that deficiency, direct or cause the development, rehabilitation or
construction of housing units within the City, both inside and outside Merged Area A.
7. (537) Increased and Improved Supply
Except as otherwise permitted by law, not less than twenty percent (20%) of all taxes
from CCE, CCS, South Valle, SEIP, and Tri-City, and not less than thirty percent
(30%) of all taxes from CCN and MICC, which are allocated to the Agency pursuant
to subdivision (b) of Section 33670 of the Redevelopment Law and Section 702(2)
and (3) of this Merged Plan shall be used by the Agency for the purposes of
increasing, improving and preserving the City's supply of low and moderate income
housing available at affordable housing cost as defined by Section 50052.5 of the
California Health and Safety Code, to persons and families of low or moderate
income, as defined in Section 50093 of the California Health and Safety Code, and
very low income households, as defined in Section 50105 of the California Health
and Safety Code, unless one or more applicable findings are made pursuant to the
Redevelopment Law.
The funds for this purpose shall be held in a separate Low and Moderate Income
Housing Fund until used. Any interest earned by such Low and Moderate Income
Housing Fund shall accrue to the Housing Fund.
In implementing this Section 537 of the Merged Plan, the Agency may exercise any
or all of its powers including, but not limited to, the following:
1. Acquire real property or building sites.
2. Improve real property or building sites with on-site or off-site
improvements.
3. Donate real property to private or public persons or entities.
4. Finance insurance premiums.
5. Construct buildings or structures.
6. Acquire buildings or structures.
7. Rehabilitate buildings or structures.
8. Provide subsidies to, or for the benefit of, very low income
households, as defined by Section 50105 of the California Health and
Safety Code, lower income households, as defined by Section
50079.5 of the California Health and Safety Code, or persons and
families of low or moderate income, as defined by Section 50093 of
19
REDEVELOPMENT AGENCY OF THE CRY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
the California Health and Safety Code, to the extent those households
cannot obtain housing at affordable costs on the open market.
Housing units available on the open market are those units developed
without direct government subsidies.
9. Develop plans, pay principal and interest on bonds, loans, advances,
or other indebtedness or pay financing or carrying charges.
10. Maintain the community's supply of mobile homes.
11. Preserve the availability to lower income households of affordable
housing units in housing developments which are assisted or
subsidized by public entities and which are threatened with imminent
conversion to market rates.
The Agency may use these funds to meet, in whole or in part, the replacement housing
provisions in Section 533 of this Merged Plan. These funds may be used inside or outside
Merged Area A; however, these funds may be used outside Merged Area A only if findings
of benefit to Project Area A are made pursuant to the Redevelopment Law.
8. (538) Duration of Affordabilitv
Except as provided in Section 33334.3 of the Redevelopment Law, or as otherwise
permitted by law, all new or substantially rehabilitated housing units developed or otherwise
assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an
agreement approved by the Agency shall be required to remain available at affordable
housing cost to persons and families of low or moderate income and very low income
households for the longest feasible time, but for not less than the following periods of time:
a. Fifty-five years for rental units. However, the Agency may replace rental units
with equally affordable and comparable rental units in another location within the
City if (i) the replacement units are available for occupancy prior to the
displacement of any persons and families of low or moderate income residing in
the units to be replaced, and (ii) the comparable replacement units are not
developed with moneys from the Low and Moderate Income Housing Fund.
b. Forty-five years for owner-occupied units. However, the Agency may permit
sales of owner-occupied units prior to the expiration of the 45-year period for a
price in excess of that otherwise permitted under Redevelopment Law Section
33334.3 pursuant to an adopted program which protects the Agency's investment
of moneys from the Low and Moderate Income Housing Fund.
c. Fifteen years for mutual self-help housing units that are occupied by and
affordable to very low and low-income households. However, the Agency may
permit sales of mutual self-help housing units prior to expiration of the 15-year
period for a price in excess of that otherwise permitted under Redevelopment
Law Section 33334.3 pursuant to an adopted program that (i) protects the
Agency's investment of moneys from the Low and Moderate Income Housing
Fund, and (ii) ensures through a recorded regulatory agreement, deed of trust, or
similar recorded instrument that if a mutual self-help housing unit is sold at any
time after expiration of the 15-year period and prior to 45 years after the date of
recording of the covenants or restrictions required pursuant to Law, the Agency
recovers, at a minimum, its original principal from the Low and Moderate Income
20
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERN,ARDINO
MERGED. .AUENDED. AND RESTATED REDEVELOPMENT PlAN
Housing Fund from the proceeds of the sales and deposits those funds into the
Low and moderate Income Housing Fund.
SECTION VI.
(600) USES PERMITTED IN THE MERGED AREA A
A. (601) Maps and Uses Permitted
The Map attached hereto as Exhibit A and incorporated herein illustrate the location of
Merged Area A boundaries, the immediately adjacent streets, and existing public
rights-of-way and public easements. The land uses permitted by this Merged Plan shall be
those permitted by the General Plan and City zoning ordinances as they now exist or may
hereafter be amended.
B. (602) Maior Land Uses (as now provided in the General Plan)
Major land uses permitted within Merged Area A shall include: Commercial, Industrial,
Residential, Public Institutional, and special uses such as specific plan uses. The areas
shown on the plan maps may be used for any of the various kinds of uses specified for or
permitted within such areas by the General Plan and Zoning Ordinance as they exist or are
hereafter amended in the future.
C. (603) Public Uses
1. (604) Public Street Layout. Riahts-of-Way and Easements
The public street system for Merged Area A is illustrated on the Map identified as
Exhibit A. The street system in Merged Area A shall be developed in accordance
with the Circulation Element of the General Plan.
Certain streets and rights-of-way may be widened, altered, abandoned, vacated, or
closed by the City as necessary for proper development of Merged Area A.
Additional easements may be created by the Agency and City in Merged Area A as
needed for proper development and circulation.
The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic
as well as for public improvements, public and private utilities, and activities typically
found in public rights-of-way. In addition, all necessary easements for public uses,
public facilities, and public utilities may be retained or created.
2. (605) Other Public and Open Space Uses
Both within and, where appropriate, outside of Merged Area A, the Agency is
authorized to permit, establish, or enlarge public, institutional, or non-profit uses,
including, but not limited to, schools, community centers, auditorium and civic center
facilities, criminal justice facilities, park and recreational facilities, parking facilities,
transit facilities, libraries, hospitals, educational, fraternal, philanthropic and
charitable institutions or other similar associations or organizations. All such uses
shall be deemed to conform to the provisions of this Merged Plan provided that such
uses conform with all other applicable laws and ordinances and that such uses are
21
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PlAN
approved by the City. The Agency may impose such other reasonable restrictions as
are necessary to protect development and uses in Merged Area A.
D. (606) Conformino Prooerties/Certificates of Conformance
The Agency may, in its sole and absolute discretion, determine that certain real properties
within Merged Area A meet the requirements of this Merged Plan, and the owners of such
properties may be permitted to remain as owners of conforming properties without a
Participation Agreement with the Agency, provided such owners continue to operate, use,
and maintain the real properties within the requirements of this Merged Plan. If such a
determination is made by the Agency, the Agency may issue a Certificate of Conformance
to qualifying properties and these properties will not be subject to acquisition by eminent
domain under this Merged Plan so long as the property continues to conform to this Merged
Plan and to other terms and conditions required by the Agency. If a property owner makes
a written request for a Certificate of Conformance, the Agency shall, within 120 days. issue
a Certificate of Conformance, or notify the property owner in writing what specific action the
owner must take in order to receive a Certificate of Conformance. If a Certificate of
Conformance is issued, the Agency may not institute an eminent domain action to acquire
the property covered by the Certificate of Conformance as long as the property is
maintained in good condition.
An owner of a conforming property may be required by the Agency to enter into a
Participation Agreement with the Agency in the event that such owner desires to (1)
construct any additional improvements or substantially alter or modify existing structures on
any of the real property described above as conforming; or (2) acquire additional property
within Merged Area A.
E. (607) NonconforminQ Uses
The Agency is authorized but not required to permit an existing use to remain in an existing
building in good condition if the use does not conform to the provisions of this Merged Plan,
provided that such use is generally compatible with existing and proposed developments
and uses in Merged Area A.
The Agency may, but is not required to, authorize additions, alterations, repairs or other
improvements in Merged Area A for uses which do not conform to the provisions of this
Merged Plan where, in the determination of the Agency, such improvements would be
compatible with surrounding Merged Area A uses and proposed development.
F. (608) Interim Uses
Pending the ultimate development of land by developers and participants, the Agency is
authorized to use or permit the use of any land in Merged Area A for interim uses not in
conformity with the uses permitted in this Merged Plan. Such interim use, however, shall
conform to all applicable sections of the City codes other than permitted uses.
G. (609) General Controls and Limitations
All real property in Merged Area A is hereby made subject to the controls and requirements
of this Merged Plan. No real property shall be developed, redeveloped, rehabilitated, or
otherwise changed after the date of the adoption of this Merged Plan except in conformance
22
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED. AMENDED" AND RESTATED REDEVELOPMENT PLAN
with the goals and provisions of this Merged Plan and all applicable City codes and
ordinances. The land use controls of this Merged Plan shall apply for the periods set forth in
Section X below. The type, size, height, number and use of buildings within Merged Area A
will be controlled by the applicable City planning and zoning ordinances as they now exist or
may hereafter be amended from time to time.
1. (610) New Construction
All construction in Merged Area A shall comply with all applicable State and local
laws in effect from time to time. In addition to applicable City codes, ordinances, or
other requirements governing development in the Merged Area A, additional specific
performance and development standards may be adopted by the Agency to control
and direct improvement activities in Merged Area A.
2. (611) Rehabilitation
Any existing structure within Merged Area A which the Agency shall approve for
retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated
in such a manner that it will meet the following requirements: be safe and sound in
all physical respects, beatlractive in appearance and not detrimental to the
surrounding uses.
3. (612) Number of Dwellina Units
The total number of dwelling units in Merged Area A shall be regulated by the
General Plan. As of the date of adoption of the Adopting Ordinance, there are
approximately 3,018 dwelling units in Merged Area A.
4. (613) Open Space and LandscapinQ
The approximate amount of open space to be provided in Merged Area A is the total
of all areas so designated and diagrammed in the Land Use Element of the General
Plan and those areas in the public rights-of-way or provided through site coverage
limitations on new development as established by the City and this Merged Plan.
Landscaping shall be developed in Merged Area A to ensure optimum use of living
plant material in conformance with the standards of the City.
5. (614) Limitations on Type. Size and Heiaht of BuildinQs
The limits on building intensity, type, size and height, shall be established in
accordance with the provisions and diagrams of the General Plan and the zoning
ordinances, as they now exist or are hereafter amended.
6. (615) Sians
All signs shall conforn I to the City's requirements. Design of all proposed new signs
shall be submitted prior to installation to the appropriate governing bodies of the City
and/or the Agency for review and approval pursuant to the Municipal Code of the
City and procedures permitted by this Merged Plan. New signs must contribute to a
reduction in sign blight.
23
/REDB1IEilOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED. AIIIENDED, AND REST A TED REDEVELOPMENT PLAN
7. (616) Utilities
The Agency shall require that all utilities be placed underground whenever physically
possible and economically feasible.
8. (617) Incomoatible Uses
No use or structure which is by reason of appearance, traffic, parking, smoke, glare,
noise, odor, or similar factors incompatible with the surrounding areas, structures, or
uses shall be permitted in any part of Merged Area A, except as otherwise permitted
by the City.
9. (618) Subdivision of Parcels
No parcels in Merged Area A, including any parcel retained by a participant, shall be
consolidated, subdivided or re-subdivided without the approval of the City, and, if
necessary for purposes of this Merged Plan, by the Agency.
10. (619) Minor Variations
The Agency is authorized to permit minor variations from the limits, restrictions and
controls established by this Merged Plan. In order to permit any such variation, the
Agency must determine all of the following:
a. The application of certain provisions of this Merged Plan would result in
practical difficulties or unnecessary hardships inconsistent with the
general purposes and intent of this Merged Platt
b. There are exceptional circumstances or conditions applicable to the
property or to the intended development of the property which do not
apply generally to other properties having the same standards,
restrictions, and controls.
c. Permitting a variation will not be materially detrimental to the public
welfare or injurious to property or improvements in the area.
d. Permitting a variation will not be contrary to the objectives of this
Merged Plan.
No such variation shall be granted which permits other than a minor departure from
the provisions of this Merged Plan. In permitting any such variation, the Agency shall
impose such conditions as are necessary to protect the public health, safety, or
welfare, and to assure compliance with the purposes of this Merged Plan.
H. (620) Desiqn for Development
Within the limits, restrictions, and controls established in this Merged Plan, and subject to
the provisions of Sections 601 and 609 herein, the Agency is authorized to establish heights
of buildings, land coverage, setback requirements, parking requirements, design criteria,
traffic circulation, traffic access, and other development and design controls necessary for
proper development of both private and public areas within Merged Area A.
24
REDEVELOPMENT AGB/lCY Of THE CITY OF SAN BERNARDINO
MERGED. AMENDED" AND RESTATED REDEVELOPMENT PLAN
No new improvement shall be constructed, and no existing improvement shall be
substantially modified, altered, repaired, or rehabilitated except in accordance with this
Merged Plan and any such controls approved by the Agency. In the case of property which
is the subject of a Disposition and Development Agreement or a Participation Agreement
with the Agency, such property shall be developed in accordance with the provisions of such
Agreement. One of the objectives of this Merged Plan is to create an attractive and
pleasant environment in Merged Area A. Therefore, such plans shall give consideration to
good design, open space and other amenities to enhance the aesthetic quality of Merged
Area A. The Agency shall not approve any plans that do not comply with this Merged Plan
except as permitted by Section 619 of this Merged Plan.
I. (621) Buildina Permits
Any building permit that is issued for the rehabilitation or construction of any new building or
any addition, construction, moving, conversion or alteration to an existing building in Merged
Area A from the date of adoption of this Merged Plan must be in conformance with the
provisions of this Merged Plan, any design for development adopted by the Agency, any
restrictions or controls established by resolution of the Agency, and any applicable
participation or other agreements.
The Agency is authorized to establish permit procedures and approvals required for
purposes of this Merged Plan. A building permit shall be issued only after the applicant for
same has been granted all approvals required by the City and the Agency at the time of
application.
SECTION VII.
(700) METHODS FOR FINANCING THE PROJECT
A. (701) General Description of the Proposed Financina Methods
Upon adoption of this Merged Plan by the Common Council, the Agency is authorized to
finance implementation of this Merged Plan with assistance from local sources, the State
and/or the federal government, property tax increment, interest income, Agency bonds,
donations, loans from private financial institutions or from any other available sources of
financing which are legally available and do not conflict with the objectives of this Merged
Plan.
The Agency is also authorized to obtain advances, borrow funds, issue bonds or other
obligations, and create indebtedness in carrying out this Merged Plan. The principal and
interest on such indebtedness may be paid from tax increment revenue or any other funds
available to the Agency. Advances and loans for survey and planning and for the operating
capital for administration of this Merged Plan may be provided by the City until adequate tax
increment revenue or other funds are available to repay the advances and loans. The City
or other public agency, as it is able, may also supply additional assistance through issuance
of bonds, loans and grants and in-kind assistance. Any assistance shall be subject to terms
established by an agreement between the Agency, City and/or other public agency providing
such assistance.
As available, gas tax funds from the State and sales tax funds from the County may be used
for the street system.
25
IREDEVELOPIMIENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED" AMENDED. AND RESTATED REDEVELOPMENT PLAN
The Agency may issue bonds or other obligations and expend their proceeds to carry out
this Merged Plan. The Agency is authorized to issue bonds or other obligations as
appropriate and feasible in an amount sufficient to finance all or any part of Merged Plan
implementation activities. The Agency shall pay the principal and interest on bonds or other
obligations of the Agency as they become due and payable.
B. (702) Tax Increment Revenue
All taxes levied upon taxable property within Merged Area A each year by or for the benefit
of the State, County, City or other public corporation (hereinafter called "Taxing Agency" or
"Taxing Agencies") after the effective date of the Adopting Ordinance, shall be divided as
follows:
1. That portion of the taxes which would be produced by the rate upon which the
tax is levied each year by or for each of the Taxing Agencies upon the total
sum of the assessed value of the taxable property in Merged Area A as
shown upon the assessment roll used in connection with the taxation of such
property by such Taxing Agency, last equalized prior to the effective date of
such Adopting Ordinance, shall be allocated to and when collected shall be
paid to the respective Taxing Agencies as taxes by or for the Taxing
Agencies on all other property are paid (for the purpose of allocating taxes
levied by or for any Taxing Agency or Agencies which did not include the
territory in Merged Area A on the effective date of the Adopting Ordinance but
to which such territory has been annexed or otherwise included after such
effective date, the assessment roll of the County last equalized on the
effective date of the' Adopting Ordinance shall be used in determining the
assessed valuation of the taxable property in Merged Area A on the effective
date ).
2. That portion of the levied taxes each year in excess of such amount shall be
allocated to, and when collected shall be paid into, a special fund of the
Agency to pay the principal of and interest on loans, monies advanced to, or
indebtedness (whether funded. refunded, assumed, or otherwise) incurred by
the Agency to finance or refinance in whole or in part, the redevelopment
project. Unless and until the total assessed valuation of the taxable property
in Merged Area A exceeds the total assessed value of the taxable property in
Merged Area A as shown by the last equalized assessment roll referred to in
paragraph (1.) hereof, all of the taxes levied and collected upon the taxable
property in Merged Area A shall be paid to the respective Taxing Agencies.
When the loans, advances, and indebtedness, if any, and interest thereon,
have been paid, all monies thereafter received from taxes upon the taxable
property in Merged Area A shall be paid to the respective Taxing Agencies as
taxes on all other property are paid.
3. That portion of the taxes in excess of the amount identified in paragraph (1.)
above which is attributable to a tax rate levied by a Taxing Agency for the
purpose of producing revenues in an amount sufficient to make annual
repayments of the principal of and interest on any bonded indebtedness for
the acquisition or improvement of real property shall be allocated to, and
when collected shall be paid into, the fund of that Taxing Agency. This
26
RI::DEVELOPMENT AGEI-JCY OF THE CITY OF Sld~ BERNARr.mW
MERGED, ^MEI~DED, AND ReSTATED REDE:VELOPMEt~l PLAt~
paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness
approved by the voters on or after January 1, 1989.
The Agency is authorized to make pledges as to specific advances, loans and indebtedness
as appropriate in carrying out the Project. The portion of taxes allocated and paid to the
Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of
and interest on loans, monies advanced to, or indebtedness (whether funded, refunded,
assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part,
the redevelopment program for Merged Area A.
Pursuant to Section 33333.10(e) of the Redevelopment Law, after the time limitation on the
payment of indebtedness and receipt of tax increment revenue that would have taken effect,
if not for the amendment to extend this time limitation, the Agency shall spend tax increment
funds (except for monies deposited into the Low and Moderate Income Housing Fund)
collected from M/CC and CCN on those portions of the Merged Area identified on Exhibit D
as blighted or necessary and essential.
C. (703) Aaencv Bonds
The Agency is authorized to issue bonds and other obligations from time to time, if it deems
it appropriate to do so, in order to finance all or any part of Merged Plan implementation
activities.
Neither the members of the Agency nor any persons executing the bonds are liable
personally on the bonds or other obligations by reason of their issuance.
The bonds and other obligations of the Agency are not a debt of the City or the State; nor
are any of its political subdivisions liable for them; nor in any event shall the bonds or
obligations be payable out of any funds or properties other than those of the Agency; and
such bonds and other obligations shall so state on their face. The bonds and other
obligations do not constitute indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction.
Pursuant to Sections 33471 and 33475 of the Redevelopment Law, taxes attributable to
each constituent Project Area of Merged Area A adopted on or prior to January 1, 1978,
pursuant to Section 33670 of the Redevelopment Law, shall be first used to comply with the
terms of any bond resolution or other agreement pledging such taxes from the constituent
Project Area until a refunding has occurred which satisfies the terms of such bond or
agreement.
The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of
taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at
one time, shall not exceed the limit as stated in Section 1004 of this Merged Plan, except by
amendment to this Merged Plan.
D. (704) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from the federal government, the
State, or any other public or private source will be utilized, if available, as appropriate in
carrying out this Merged Plan. In addition, the Agency may make loans as permitted by law
to public or private entities for any of its redevelopment purposes.
.'\ ")
27
ReDEVELOPMENT AGENCY OF THE CITY OF SAU BERNARDiI-JO
rIfIERGED, AMENDED, AND REST A TED REDEVf::LOPMENT PLAN
E. (705) Rehabilitation Loans. Grants. and Rebates
SECTION VIII.
The Agency and the City may commit funds from any source to rehabilitation programs for
the purposes of loans, grants, or rebate payments for self-financed rehabilitation work. The
rules and regulations for such programs shall be those which may already exist or which
may be developed in the future. The Agency and the City shall seek to acquire grant funds
and direct loan allocations from State and federal sources, as they may be available from
time to time, for the carrying out of such programs.
(800) ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying out this Merged Plan and shall take all
reasonable actions necessary to ensure the continued fulfillment of the purposes of this Merged
Plan and to prevent the recurrence or spread of blighting conditions in Merged Area A. Actions by
the City may include, but shall not be limited to, the following:
7.
8.
'\
!) }
1.
Institution and completion of proceedings for opening, closing, vacating,
widening, or changing the grades of streets, alleys, and other public rights-of-
way, and for other necessary modifications of the streets, the street layout,
and other public rights-of-way in Merged Area A. Such action by the City
shall include the requirement of abandonment and relocation by the public
utility companies of their operations in public rights-of-way as appropriate to
carry out this Merged Plan, provided that nothing in this Merged Plan shall be
deemed to require the cost of such abandonment, removal, and relocation to
be borne by others than those legally required to bear such costs.
Institution and completion of proceedings necessary for changes and
improvements to publicly-owned parcels and utilities in Merged Area A.
Performance of the above, and of all other functions and services relating to
public health, safety, and physical development normally rendered in
accordance with a schedule which will permit the redevelopment of Merged
Area A to be commenced and carried to completion without unnecessary
delays.
Imposition, whenever necessary, of appropriate design controls within the
limits of this Merged Plan in Merged Area A to ensure proper development
and use of land.
Provisions for administration/enforcement of this Merged Plan by the City
after completion of development.
The undertaking and completion of any other proceedings necessary to carry
out the Project.
The expenditure of any City funds in connection with redevelopment of the
Project Area pursuant to this Merged Plan.
Revision of the City zoning ordinance, adoption of specific plans or execution
of statutory development agreements to permit the land uses and facilitate
the development authorized by this Merged Plan.
2.
3.
4.
5.
6.
28
REDEVELOPMENT AGENCY OF mE ClflIY Of SAN BERNARDINO
MERGED, AMENDED" .ANID RESTAtED REDEVELOPMENT PLAN
SECTION IX.
(900) ADMINISTRATION AND ENFORCEMENT
Upon adoption, the administration and enforcement of this Merged Plan or other documents
implementing this Merged Plan shall be performed by the City and/or the Agency, as appropriate.
The provisions of this Merged Plan or other documents entered into pursuant to this Merged Plan
may also be enforced by litigation or similar proceedings by either the Agency or the City. Such
remedies may include, but are not limited to, specific performance, damages, re-entry onto
property, power of termination, or injunctions. In addition, any recorded provisions which are
expressly for the benefit of owners of property in Merged Area A may be enforced by such owners.
All provisions in Redevelopment Law as may be required to be included in a redevelopment plan
are hereby incorporated as if fully set forth herein.
SECTION X.
(1000) PLAN LIMITATIONS
A. (1001) Effectiveness of the Meraed Plan
Except for the non-discrimination and non-segregation provIsions which shall run in
perpetuity, and except as otherwise provided herein, the provisions of this Merged Plan shall
be effective, and the provisions of other documents formulated pursuant to this Merged Plan
may be made effective as follows:
Meraed Area A- Proiect Area
Meadowbrook/Central City
Central City North
Central City South
Central City East
Southeast Industrial Park
Tri-City
South Valle
Time Limit
May 3, 2029
August 6, 2026
May 3,2019
May 3,2019
June 21, 2019
June 20,2026
July 9, 2026
After the time limit on the effectiveness of the Merged Plan has expired, the Agency shall
have no authority to act pursuant to the Merged Plan except to pay previously incurred
indebtedness and to enforce existing covenants or contracts. However, if the Agency has
not completed its housing obligations pursuant to Section 33413 of the Redevelopment Law,
the Agency shall retain its authority to implement requirements under Section 33413,
including the ability to incur and pay indebtedness for this purpose, and shall use this
authority to complete these housing obligations as soon as is reasonably possible.
B. (1002) Limitation on Incurrina Debt
The time limits on the establishing of loans, advances, and indebtedness to be paid with the
proceeds of property taxes received pursuant to Section 33670 of the Redevelopment Law
to finance in whole or in part the redevelopment project are as follows:
29
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
Merced Area A- Proiect Area
Meadowbrook/Central City
Central City North
Central City South
Central City East
Southeast Industrial Park
Tri-City
South Valle
Time Limit1
Eliminated2
Eliminated
Eliminated2
Eliminated2
Eliminated
Eliminated
Eliminated
This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low
and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's
housing obligations under Section 33413 of the Redevelopment Law. The loans, advances,
or indebtedness may be repaid over a period of time longer than this time limit as provided
herein. No loans, advances or indebtedness to be repaid from the allocation of taxes shall
be established or incurred by the Agency beyond this time limitation. This limit shall not
prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time
limit if the indebtedness is not increased and the time during which the indebtedness is to be
repaid is not extended beyond the time limit to repay indebtedness required by this section.
Pursuant to Sections 33471 and 33475 of the Redevelopment Law, taxes attributable to
each constituent Project Area of Merged Area A adopted on or prior to January 1, 1978,
pursuant to Section 33670 of the Redevelopment Law, shall be first used to comply with the
terms of any bond resolution or other agreement pledging such taxes from the constituent
Project Area until a refunding has occurred which satisfies the terms of such bond or
agreement.
The time limits established in this Section 1002 may be extended in the manner provided by
law.
C. (1003) Limitation on Receipt of Tax Increment and Payment of Indebtedness
Except as otherwise provided herein, the limitations on the receipt of tax increment and the
payment of indebtedness with the proceeds of property taxes received pursuant to Section
33670 of the Redevelopment Law are as follows:
MerQed Area A- Proiect Area
Meadowbrook/Central City
Central City North
Central City South
Central City East
Southeast Industrial Park
T ri-City
South Valle
Time Limit
May 3, 2039
August 6, 2036
May 3, 2029
May 3,2029
June 21, 2029
June 20, 2036
July 9, 2036
1 Time limits to incur debt were eliminated pursuant to Redevelopment Law Section 33333.6(e)(2)(B)
following the enactment of SB 211 (Chapter 741, Statutes of 2001) in 2002. Accordingly, the time limit to
incur debt corresponds to the effectiveness date of the Merged Plan for each project area.
2 Time limit to incur debt is eliminated pending adoption of an amendment pursuant to SB 211.
30
REDEVELOPMENT AGENCY OF THE em Of SAN BERNARDINO
MERGED, AMENDED. ANID RESTATED REDEVELOPMENT PLAN
D. (1004) Limitation on the Amount of Bonded Indebtedness
This Merged Plan authorizes the issuance of bonds to be repaid in whole or in part from the
allocation of taxes pursuant to Redevelopment Law Section 33670. Except by amendment
of the Merged Plan, the amount of bonded indebtedness which can be outstanding at one
time and payable in whole or in part from tax allocations attributable to Merged Area A shall
not exceed three hundred and twenty seven million dollars ($327.000,000). If other sources
of payment are lawfully combined with tax allocations, there shall be no limit as to the
amount of bonded indebtedness serviceable from such other source of funds.
E. (1005) Limitation on the Collection of Tax Increment
Taxes, as defined in Section 33670 of the Redevelopment Law, collected from Merged Area
A shall not be divided and shall not be allocated to the Agency in excess of two billion five
hundred million dollars ($2,500,000,000) except by further amendment of the Merged Plan.
SECTION XI.
(1100) PROCEDURE FOR AMENDMENT
This Merged Plan may be amended by means of the procedure established in Sections 33450-
33458 of the Redevelopment Law or by any other procedure hereafter established by law.
This Merged Plan is to be liberally construed and not interpreted as a limitation on the powers of the
Agency. Notwithstanding any provision in this Merged Plan to the contrary, the Agency may hereby
utilize all powers of a redevelopment agency pursuant to the Redevelopment Law and all other
applicable laws, as the same now exists or may hereafter be amended or adopted.
31
REDEVELOPMEINf AGEINICY OF THE CITY OF SAN BERNARDINO
MERGED, AL1IB/lDED. AlND RESTATED REDEVELOPMENT PLAN
o
EXHIBIT A-
MAP OF THE SAN BERNARDINO MERGED REDEVELOPMENT PROJECT AREA A
SAN BERNARDINO MERGED REDEVELOPMENT PROJECT AREA A (MERGED AREA A)
EXHIBIT A
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32
REDEVELOPMENT AGENCY OIF me Clf1TY OF SAN BERNARDINO
MERGED, AMENDED, AND RES'fA'JED REDEVELOPMENT PLAN
EXHIBIT B-
MERGED AREA A LEGAL DESCRIPTIONS
The legal description of the boundaries of the Meadowbrook Project Area No. 1 is as follows:
PART. . A',. - , LEGAL DESCRiPTioN OF MEADOWBROOK PROJECT AREA
NUMBER. ONE - .CALIF:'R-IO
.. .
. . - .. - "
Beginning ...t the intersect1,on of the WesteJ;lyprolongation' ot
the, South ~ine 0:( .A:t;hol Str~et wi th ~he West line of fiE" "
Street; t'hence. N9rtherly a.long said West line of. J'E" Street.:
to '~. p~int 19~.15.teet SQ~~h of:the center line of. Secon4,
.Str~et;,thenc~ Easterly and parallel ~o the center line ot.
Seco~4 Stree~ to ,the West,line 'or Stoddard Avenue; thence
lio~~e'J:iy. along th~West,line' of Stoddard .Avenue and. the',' ,
N6rth~r~y prolongation. of the West line of Stoddard Avenue to
the,Nor~h li~e of &econd Street; thence Easterly along. the. .
No~~h lineo~~Second Street to. the West.line' of Lot 1, Block.
~3 . ~f. the! C.i ty of San ~eniar,d,~rio" ,as per:. plat record'e~. ~n"
Book" 7' of ~aps ~ tl?age '1', Records of the CQUD ty Reoorder, of. .
Sart..Bernar~itlb' COUnty;,-. thence....Northerly along the West li'ne
.of .'said Lot'l,,' Ii ~i~,.tance:.. of '253,~i5 feet; thence 'Ea.sterly
and parallel' to the North.line ot Second Street, a distance
ofi50'.feet'to the West line of ".D" '.Street; thence Northerly
aiong .the West ,line ,of UD!' Street. to' ~he Westerly prolonga-
,tion. ot the No~th line of Lot&7a~d 8 of the Keir's Sub~ivi-
sien.as p~r.plat re~or4e~ inBo~~l} of Maps, at page 14, .
Re~ords ot. the. Cou.~tyRec.order of' San Bernardino .County; .
thence Easter;t.y a:long the Westerly prolongation of'. the '.Nor.th
line of said Lots 7 and 8~ the North line of said Lots 7 and.
8; a.pd .the E8st'eriy pro~o~gat1on 'ot the North line o~ ~aid .'
Lo.ts 7. an.d 8, t~ the '~ast line ot .Keir Plao~. or Common Allel.
Waf ,as sn.own. on' the .ri1s'P. of. ,said .Keir's Subdivision; thence'
Northerly along the "Eastline of said Keir Place o;rCommon
Alley'Way to a point 6, fee.t South ot.the North'1~ne.of"'8aid
(eir's Subdi~i81on; .thence' Easterly.and'lHc"o.ll.el to' 'the. North.
line, of said Keir's :Subdivision, 21 teet, to a point of .~43.0~
. .
33
CITY OF SMlIBERNARDIINO REDEVELOPMENT AGENCY
MERGED. AMENDED. MID RESTATED REDEVELOPMENT PLAN
Meadowbrook Project Area No. 1 continued
t~~t ,':~e8~ o~ .th.e ,Ess t ,line' of Lbt '4, Blo~k 19 oi" said ci:~;' 'ot
San. B!rnard1no; ,thence Northerly and pa~allel' to . the . EafJt line
of sa1d.Lot 4 to a point 66.10 teet South of,the center line,
,of .Court Street~ thence, ,Easterly and 'parallel to' the c.enter
line, ot Cour~. 'Street 43.02' :feetio the .East line of said '
Lot,~~ th~nceSo~therly along the Eastline'of said Lot 4 to,
a .po,3.nt 55' 'feet South or",the South line, of Court Street,; ....
thenceEa~terly and parallel to the ~outh line of Court. Street
toa :l>o1nt 77.33 teet West of 1;he East line of' Lot '3. o1':.s'aid'
Block 19; thence Southerly and parallel to the East line ot "
said Lot ;,to a ,point 130 f~et North of the North line of
Third Street; thence Easterly and paraliel to the North line
of '!hird $treet"a distance 'of' 39.66 f~et; thence Northerly.
and.pa.railel,.to th~ 'Ea$t,line, of said Lot. 3 to a }?oint175 .
tee.t .North of .the ,N'o,rth line of Third',Stre.et.; thenoe Easte;rly.
and paralle,l to the North lin~ or Third S~re~t to the ~eet. '.
il.iDe, 'of, 'Lt)-t 2 ~of ,said .,Block 19; the~ce Sout~:erl1 along the,
West ..l:tri-e of said Lot 2 :to a point ,1;0 feet N~X'th of the .' "
.N.orth ,l.1ne 'of Third .S,treet;. then:c~ Easterly and parallel; to ':'
'the 'Northline ~f Third Street: to ~ point 27. feet East o~ ~~e
west, line: ot Lot.l of said 'Block 19; thence Southerly,- and' '..
})a~aliel,;t() the West line.ot$aid.Lo't i.to a point i50, teet ,
South'of the Sbuth.line of: Court Street; thence East~rly ~d
'para11el to, the South line of Court Str$et t'?, .the East l'1ne. .
, of A:trc)1vhead:' Avenue-;- thericeSouth'e~ly along. the East line: of
. Arrowhee;d. AV:enue to' ,the South ,lin~, ;'of Th~rdStreet;, thence' "
Westerly.along the South line of Third' Str,eet to a po~nt
lQl.25 feet, East of the Northwest corner of 'Lot 5,_ Block 14 _
" otthe sai~ 'Ci'ty 'of San, BeI'nard:ino';, thence So,utherly a~d : . '
'parallel to' the ~ast line of "D" :.Street to a point 7 inch~8
34
CITY OF SAN BERNARDINO REDEVIEILOIPMENT AGENCY
MERGED, AMENDED. AND RESTA.TED REDEVlEILOPIMENT PLAN
" ' Meadowbrook Project Area No. 1 continued
South o,t the ,South :l'in'e of ,said Lot 5; 'thence Eas:ter~y' an~
parallel'to.'the 'South 'line" o.t said Lot, 5 to, a' point, 117.71 ,- " ,
,teet ,West' of the ,:East litle' of Lot 4 ot :said 'Block 14; thence ,
South, to ,'8, point 1.8 'f;et 'S,outh of the South line of sa~d Lot
5; thenc'e' Easterly and, pBt'allelto 'the South- line' of said Lot
5 ',to' a point:Si 'f-e'et ':West' o~ ,the .t$st 'line of said L9t 4;
'thence'N'Orth,l~e feet t,o 'the 'S'ou'th line of sa.id Lot 5;tbence:
"'Sasterlt, alORg ,the' ,South: li~e ot said" Lot, 5, to the Sout'heas'\
'co);ner,of :sa'id Lot '5; thence Southerly ~longthe West line of'
,Lo:t ,1 0'" said, 'Block 14, ~o a, p~i'nt : 25 i,eet' North 'o~ the' South-
west COm&r."ot, 8a~d Lot'7, said po,int being on the'North line
of 'th.~ '~ac.itic"'Elec'tr1c' Ra11wa;y,', COJJlpany,'s Rigbt~ot-Wa;y; thenoe
Easterly: al.ong' the N,orth:~1nEt' of' the Pacifio Electric' R.ilway
.' .. .... t
'Oompantl's: Right-o'f-Way to ',ib$ East line of Arrowhead, Ave~ue,;
t)i,e~ce ,,'$dutner~'y, along' t"he' "E~~t iine pi Arrowhead A~enue' tc)-:'.: '
'~!Ut 1tort~f li~e' o,f', Second,' S~reet;, tb~nce Eas terly along 'tJl,e,~'-'
Worth" line' of ,Secon'd 's'treet, a distance 'ot' '~ooteet; theMe' '.
SQutherl~ ~o a point o~'the Sout~'line of Second~treet ~OO
f.~t 'E$st "of 'th~ North~es't, co~ner ,'of" L~'t '5, Bloc,k ,4 of' the ','
said ,city of' S'an Bernardino;, thence 'Southwes,terly 'to' a 'point
lying 50 f'e,et ,South ,of, the.. South line of Second ~treet and: .
,'184 teet "East, of, the, E8s.t line, 'of Arrowhead Avenue; thence : , .
",Sou.thwBsterlY to a ,po.int on' the East lineaf Arrowhead Avenue
225 'feet South" of the' NorthwEts t ' Q,01"nerof . said Lot' 5; theno:e'
Southe~lY a:long theEs.:st line ,(if Ario,whead Avenue' to ,th~, ,Nort~
line of K~ngSt~eet; ,~he~ce Ea.ste~ly along the NQrth line of
,Xing Street to t~e 'west line of Moun.tain View Avenue;', thence
No.rthe~ly aiongthe West line of Mountain V1ew Avenue ,to the
Borth line of S~cond Street; thence Easterly along 'the '~North
~~n:e of SecC?nd, Street to the center 'line ,of' Sierra Way; :thence
Southerly.. a.long, the center line of S:j.errB Way, to the North" ,
,line'::,o,f The Atohison, "Topeka and 'Santl;L, Fe ,Railway, Company's'
,Right...of-Way; 'thence Westerly along th,e North line 'of said,'
Right'-of.Way to the West line ot ,Mountain View' ,Avenu'e (closed
,:~i. C~~y': ()f .S~Bernardirio" Resolution' No'. 1099) ; 'thence "
Nortber,ly.. aJ,ong,the ,west line ,of said: MourttainView AV,enue, ,,'
~o ,~~e,:South lin~ of Ria,lto Avenue; ,'thence ,Weetei-ly ,along the,'
South,line of Rialto Aven~e' to th-e East 'liheof'Arrowhead.
Averiue,;, th.f!Doe ,Sou~herlY along the 'East 'line of Arrowhe~" " '
'~ve~ue to the Ea~terly prolongation of the South line:of Athol
S,tre~t; thence"W~ster.i,Y ,along, the ES$terly pr,olongation of'
"t~e: S,outh" line. t.he' So~th, line' arid the. Westerly prolonga.~ion'
of 'the 'SOl1th' iin,a: Qf', Athol, St'reet ,to' 't~e .point of beginning.. '
35
REDEVELOPMENT AGENCY OF THE en". OF SAN BERNARDINO
MERGED, AMENDED, MID RES'TAlED REDEVELOPMENT PLAN
The legal description of the boundaries of the Central City Redevelopment Project Area No. 1 is as
follows:
CENTRAL CITY NO. 1
CALIF. R-79
_ Legal Description
---
ThosepQrtions of B1Qcks 4, -9, 10, 11, 12~ 13, 19, 20,21, 22, 23
an~-24 ofth~ ~ITY OF .SAN BERNARDINO, County of San Bernardino,-
State of California, per map recorded in Book 7 of Maps, Page 1;
-and WATER'S SUBDIVISION per map recorded in Book 6 of Maps, Page-
47; and- J.M. HURLEY SUBDIVISION per maprecor~ed in Book 13 of -Maps,
'age 10;_and KEIR'S SUBDIVISrpN_per map recorded in Book 13 of Maps,
Pa9~_14; and HARRIS SUBDIvIsrqN per map recorded in Book 16-ofMaps,
: Page 8; and.- J .B.-GOOOLETTS SUBDIVISION of Block 2'4 per map recorde.,d :_
in Book 8 of Maps, Page 5-; and FARNSWORTH'S SUBDIVISION of Lots' 1 and
8, .810ck 20 per map recorded in Book 7- of Maps, Page 16 records of said
Cou~ty described as follows:
36
REDEVELOPMENT AGENCY OF THE CITY Of SAINIIBERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PlAN
. Central Cit.y Redevelopment Proje~t Area No. 1 Continued
Beginning at a'pointin the West line of E Street. 196.75
. .
feet,~~ut~ of'the c~nter l1neof2nd street 82.5 feet wide, said point
~yirig' on the bounda,ry of the Mead~wbro'ok Project Area N,o~l, Calif. '
R-10; the~ce' Northerly al~ng the sai~ West.line of.E Street 82.5 feet,
wide to .the South line of 2nd Stre,et; thence Weste,rly along said'.
. ,
, ' '
Sbuthlfne of 2nd Street to the West. line of H Street 8?S' feet wide;
thence 'Northerlyin a"direct line to the Southeasterly corner. of
,Lot lS in Block 9 of saidWATER'S SUBDIVISION, said corner being the
Northwest .comer ~f said 2nd an4 H Streets; thence along the Southerly
37
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
Central City Redevelopment Project Area No.1 Continued
line of safdlot 15 and the North line of said 2nd Street South 890
32. 25".West.35.,OO feet to the Easterly right-of-way line. of State-,
, . , . .
Route'VlII-43 (Freeway- U.S. 395);. .thence along said State right-of-
way fi rst North. 34055' 35" West, 51. 26 feet; the~ce North 150 1 j' 45"
We~t 67.~1 f~~t; thence North80 54' 57" West 187.47. feet; .thence
. .
Horth' 130 39' 56" West 312,40 feet to a point in the Northerly line
of Lot 3 in Block 9 of said WATER'S SUBDIVISION, distant
thereon South 890 38" '1711 West 32.66 feet from the Northeasterly,
co'rner of said' Lot 3; thence Northerly in a direct line to, a point
. . .
in the North 'line ~f 3rd Street 82.5 fe.et':wide, said point being
. . ." . '.
di.stant South 890 381 1711 West 194.86 feet from the intersection
of the North line of said:3rd Street with the West line of H .
Street; thence North 80 481 Slit West 282.72 feet; thence North
110 45' Oli. 'West 292.84 feet; thence North .140 141 53" East 1'21 ~17
!ee~to a point in the South l~ne of 4th Street 82pS feet wide,
said point being distant .180 feet WestE!rly from t'he intersectfon 'of
..' ...
said South line to s'aid West line or' H Street; thence Easterly.
along'said South line to said..l~est line; thence Northerly along
. ,
the said. West. line 'of HStreet to the North line of sa;d 4th
Street,whichreprese'nts the .Easterly boundary of Freeway U.~S.
38
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
IMERGED. AMENDED. AND RESTATED REDEVELOPMENT PLAN
Central City Redevelopment Project Area No: 1 Continued
395 between 2rid Street .and 4th Street; theric~ leaving said State.
. '
right-of-way E~s'ter1y along said North li,ne of 4th Street to
the East line of said E Street; thenc~ South along said East line
of E Street to the North line of 'Court Street 56.16 feet wide;
thence East.along said.North ,line of Court Street, to, the-W~st '
llne of 0 Street~2.5 feet, wide; thence directly to the Northeast
corner of 0 Street and Court Street 82.5 feet wi de; thence .
. '
, .
Easterly along. the North line of Court Street to' the East line of
....
Arrowhea~ Avenue .82.5 feet wide; thence South along said East
1 f neof ,Arro~head Avenue to s'a.i d boundary of the Meadowbrook
Proj~ct Area No.1;. thence along said boundary first West along
il i ne p~.ra 11 e 1 to and 150 feet Sou,th of the So~'th 1 i ne of sa i d
Court Stre~t' 82.5 feet wide a distance of 204.9 feet ,to a pofnt on
. '
a line 27 feet East of the West line of Lot 1, Block 19', of s.aid
. '
CITY .OF SAN BERNARDINO'; thence North along .said 27 foot. 1 fne a
distance. of 23 "feet mOre. or. less to .a point on a.1 ine130 feet
North of' the North line' .of .3rd Stree.t; thenc:;e West along said
, .
130 foot line a distance of 176 feet more or less to the West
line of Lot 2 of said Block 19; thence North along said West
, '
line of Lot 2 a distance of 45 feet to 'a ,line 175 feet North of.
the .'Horth 1 i ne of 3rd Street; 'thence West along ~.~i d 175, foot,
line a distance of 37~66feet; thence South 45 feet to a line
39
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTAl'ED REDEVELOPMENT PLAN
Central City Redevelopment Project Area NO.1 Continued
130 .feet North of said North line of 3rd Street; thence West, ,
, ,
,along said. 130 fo.o~ line a' distance 'of 39.66 ,feet 'to. a pofl1ton
~ .line 70.58 fe~t Ea~t of the Wes.t 1ine'of Lot 3 of said Block
,19; thence North along said 70.5S' foot line a distance of 72
.feet ',more or less to a 1 fne' 55 feet South of the South line "
. . '
~f Court Street; thence ,West ,along said 55 foot, line a distance'
. ,
of 70.58 feet ,to the Westli~e' of ,said Lot'3; thence North'alo~g
said .,West. line of Lot 3 a distance of 30 feet more or less. to a .
, ,
line 66:10 feet South of the center 1in~ of Court Street;'thence'
West a10n,g said 66.10 foot 1 ine a distance o.f '44 feet more. or less;
thence South'a distance' of 28 'feet more or less to a ljne 200 feet.
No.rth ,of sa'id North li'ne of 3rd' 'Street; thence West aron!tisafd
200 foot line a distance of 21 feet more, or less to the East
. . . . . ,
line of Ke'ir Place or Common Alley as shown on said 'KEIR1S SUB-.
DIVISION; thence South along said East Alley line a distance
of.82.8 feet more or less to the Easterly prolongation of the
North line of Lots 7 and 8 of said KEIR1,S SUBDIVISION; thence
West along ~ai~ Easterly prolongation, safdNorth line of Lots
7' and 8, and the Westerly prolongation thereof a distance of 167.5
. . . . .
feet to the West line of D Street;, thence South'along the West .1ine
of D Street to a 1 in~ 44 feet South of the. North ,line of Lot 1,'
'Block ,13., of said'CITYOF SAN BERNARDINO; the~ce Wes.t along said'
, , ,
...' ..
44 foot line a distance of 150 feet to the W~st line of said Lot
40
/REDEVELOPMENT AGENCY OF THE crTY OF SAN BERNARDINO
MERGED. AMENDED, AND RESTATED REDEVELOPMENT PLAN
. Central City Redevelopment Project Area No. 1 Continued
:1; thence South alongsa1d West ,line of Lot to the North line of
, '
2nd.Street; thence West along said North line of'2nd street to
~he Northerly prolongation of the West line of Stoddard' Avenue,
34 feet 'wide; thence South along'said Northerly prolongation ~nd,'
. .
the Westerly'line of Stoddard Avenue to a'point 196.75 feet So~th.
of the een~er 'line of 2ndSt~et; thence West along said 196.7~
, '
foot line 'to a point of beginnin~, sa1~ line being the northerly
and westerly boundari.es o~ said .'MeadoWbro.ok' Proje,ct Area No.1,
Ca 1 if. R-l o.
41
REDEVELOPMENT AGENCY OF THE emf OF SAN BERNARDINO
MERGED, AMENDED, AND RESTAlTED RlEDEVlELOPMENT PLAN
The legal description of the boundaries of the Central City North Redevelopmen~ Project Area is as
follows:
Those portions of Blocks 19, 20, 25, 26. 27, 28" '29,,30, 35,
36, 37, 38~ 39, 40, 41, 42, 43, 44, 45, 46, 51. 52, 53, 54 Ind 55
of the City of San 8emardino, County of San Bernardino, State of
Cal i forni a, IS per map ftcorded in Book 7 of Maps, "ge 1; and '
Norton and Hay Subdivision IS per _p recorded in Book 16.of ."ps.
Page 7; and Sub'of Block 55. Cfty of San Bem.rdfno.as,:per:"D
recorded 1n Book 3 of ' Maps, Page 30; and Porter's SubdtY'ls1on'ls
per map recorded in Book 2 of Maps, Page 26,; and ~. S. .Bright Sub-
'division as, per map recorde~ in Book 4 of Maps., Page 4. ,.and.~ .
Bennetts Subdivision, is per Map recorded' in Book 3 of Maps, Page.
15; and Ward and' Courtney 'Subdivision as per ~p recorded in Book 3
of. Maps, Page 25,'and ~ingman - Hampson Subdivision as per map
recorded in' Boole 3 of Haps, 'age 81. records of sl.id County des~
cribed as follows:
, Beginning at the intersection of th~ Easterly prolo~gation ~f
the North line of Court Street, ~.SO feet wi, de and the East line
of Arrowhead Avenue 82.50 feet wide. thence West along said East-
erly prolongation .nd the North line of s~fd Court Street to the
East line of "D" St,reet, 82.50 feet wide; thence Westerly fn a
straight line to the Northwest corner of "0" Street and Court
Street.56~16 feet wide; thence West .1ongthe North lfne of
Court street to the East lineof"E" Street 82.50 feet wide; thence'
North along the East line of said '-E" Street to the Hortheast
comer of said liE" Street and Fourth ,Street, 82. 50 fe~t wide;
~hence Nes tal ong... t~, _N()..:~h_J f.n~"'pf_ Jajd. Eo"cth. ..~t~~.tl' tbA~flC
Nest line of ~H".Street; thence North along the lest line of s~f(
.IHtI Street ~'di stance of 48.00 feet to the Ri ght of, Way 1 i ne of
State Route VIII - 43(Fre~way u.S. 395); thence along said Righ1
of-Way line th~ follOWing courses and distances; thence Sooth
89034'17~1 West a distance of 251.15 feet; thence Northerly .long
the arc. of a curve conc~ve Northeasterly with a radius of 150.00
feet a distance of 83.37 feet; thence North 17015'0411 West I
1Ji~-ante 0'""170.113 feet to t:he South line of Kingman Street; ther
,North 0702810311 West a distance of 40.30 feet to the North line
'of said Kingman Street; thence North 0027'4711 West I distance of
130.00 feet; thence Northerly in a direct line to a point on the
North li'ne of Lot 41 of the Ward ,and Courtney Subdivision as per
plat recorded in Book 3 Df rotaps, page 25, reco'rds of 'tfle 'County'
Recorder of said County, Slid point being 370.00 feet West of the
East line of said 'IH" Street; thenc'e North 002'15411 Wi!~t a
.... ----- .
42
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
INIERGED. AMENDED. AND RESTATED REDEVELOPMENT ~ILAN
Central City North Redevelopment Project Area ContInued
-- - -.... - _. ... II ..lIIa.,,,"
distance ,of 143.71 feet to the South lfne of Spruce 'Street, 50.DC
feet wide; thence North 05,43'35" Elst . distance of 173.52 feet
to the beginning of'a tangent curve concave Southeasterly and
having, 1 radius of 160.DQ feet; thence Uor~he_sterly along s~id
curve thru a central angle of 79024'47"1 distance ,of 221.77
feet; thence North 85008'02" East, a distance of 99.66 feet to
the 'South line of Sixth Street 82.50 feet wide; thence' East' .10ng
the South line of said Sixth Street to the West line of said -H"
Street; thence leaving said Right-of-Way line of Freeway U.S~ 395
North along the West 'line.of said -H" Street to the North line of
said Sf~th Street; 'thence Nest along the ~orth line of said. Sixth
Street,'to the Easterly Right-of-Way line of said U.S. 395; thence
North along said Easterly' Right-of-Way line of U.S. 395 F~eway
and following all its vari~us courses and distances to the North
line of Eighth'Street 82.50 feet ~de~ thence East along the Nort
lfne of Eighth Street td the Northeast corner of said Eighth
Street and Arrowhead Avenue; thence South along the East line of
said Arrowhead ~venue to the poiqt of beginning.
43
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVlELOPMENT PLAN
The legal description of the boundaries of the Central City South Redevelopment Project Area is as
follows:
"All-that certain real property situated in the City of San Bernardino, County of San Bernardino,
State of California, and being more particularly described as follows:
Those portions of Blocks 5, 6, 7 and 8, City of San Bernardino, as per plat recorded in Book 7 of
Maps, Page 1; and Blocks 9,10,11,12,28,29,30,31 and 54, Rancho San Bernardino, as per plat
recorded in Book 7 of Maps, Page 2; and Waters Subdivision, as per plat recorded in Book 6 of
Maps, Page 47; and Walkinshaw Subdivision, as per plat recorded in Book 24 of Maps, Page 40;
and Walkinshaw Subdivision No.2, Tract No. 1728, as per plat recorded in Book 24 of Maps, Page
3; and Liberty Subdivision, Tract No. 1765, as per plat recorded in Book 27 of Maps, Page 45; and
the Pepper' s Subdivision, as per plat recorded in Book 17 of Maps, Page 8; and F. J. Hall's
Subdivision, as per plat recorded in Book 6 of Maps, Page 45; and J.W. Wiater's Subdivision, as
per plat recorded in Book 7 of Maps, Page 38; and Brown and Waterman Subdivision, as per plat
recorded in Book 16 of Maps, Page 31; and Sunnyside Addition, as per plat recorded in Book I of
Maps, Page 35; and White's Subdivision, as per plat recorded in Book 5 of Maps, Page 67; and
White's Subdivision No.2, as per plat recorded in Book 23 of Maps, Page 31; and Urbita, as per
plat recorded in Book 3 of Maps, Page 54; and Tract No. 5907, as per plat recorded in Book 79 of
Maps, Pages 51 and 52, all being records of the county of San Bernardino, State of California,
described as follows:
BEGINNING at the intersection of the West line of "E" Street, 82.50 feet wide, with the South
line of Second Street, 82.50 feet wide; thence South along the West line of said "En Street to the
Westerly prolongation of the South line of Athol Street, 60.00 feet wide; thence East along said
Westerly prolongation, the South line of said Athol Street, and the Easterly prolongation thereof, to
the East line of Arrowhead Avenue, 82.50 feet wide; thence North along the East line of said
Arrowhead Avenue to the South line of Rialto Avenue, 82.50 feet wide; thence East along the South
line of said Rialto Avenue to the West line of Mountain View Avenue (closed by City of San
Bernardino, Resolution NO.1 099); thence South along the West line of said Mountain View Avenue
to the North line of the Atchison, Topeka and Santa Fe Railway Company's right-of-way, 50.00 feet
wide; thence Southeasterly along the North line of said Atchison, Topeka and Santa Fe Railway
Company's right-of-way to the East line of Sierra Way, 82.50 feet wide; thence South along the East
line of said Sierra Way to the Easterly prolongation of the South line of Cluster Street, 60.00 feet
wide; thence West along said Easterly prolongation and the South line of said Cluster Street to the
East line of Arrowhead Avenue, 82.50 feet wide; thence South along the East line of said
Arrowhead Avenue to the South line of Esperanza Street, 40.00 feet wide; thence East along the
South line of said Esperanza Street to the Southwest corner of Lot 7, Block "A", Case's Acres, Tract
no. 1878, as per plat recorded in Book 27 of Maps, Page 23, records of said County; thence East
along the South line of said Lot 7 and the Easterly prolongation thereof to the East line of Lot 4,
Block 31, said Rancho San Bernardino, to the Northwesterly right-of-way line of the Twin and Warm
Creek Flood Control Channel; thence Southwesterly and South along the Northwesterly and West
right-of-way line of said Twin and Warm Creek Flood Control Channel to the South line of Lot 45,
Block 54, said Rancho San Bernardino, which is 400.00 feet West of the Southeast corner of said
Lot 45; thence West along the South line of said Lot 45 to a point which is North 890 54' 30" East
1,170.42 feet from an intersection of the South line of said Lot 45 with the East line of said "E"
Street; thence North 000 10' 30" East to a point which is South 000 10' 30" West 580.80 feet from
the centerline of Orange Show Road; thence North 890 16' 30" East 300.04 feet; thence North 000
101 30" East 539.55 feet to the South line of Orange Show Road; thence West along the South line
44
REDEVEl.OPIlIENr AGENCY OF THE CITY OF SAN BERNARD'NO
!MERGED" AttENDED" AND RESTATED REDEVELOPMENT PLAN
Central City South Redevelopment Project Area Continued
of said Orange Show Road to the Southerly prolongation of the West line of said Arrowhead
Avenue; thence North 000 08' 50" East along said Southerly prolongation and the West line of said
Arrowhead Avenue to appoint which is North 000 08' 50" East 684.71 feet from the centerline of
said Orange Show Road; thence South 890 16' 55" West to the East line of said "E" Street; thence
North along the East line of said "E" Street to the North right-of-way line of said Warm Creek Flood
Control Channel with the West line of said "E" Street; thence Southwesterly along the Northwesterly
right-of-way line of said Warm Creek Flood Control Channel to the East right-of-way line of the Lytle
Creek Flood Control Channel; thence Northeasterly, Northerly and Northwesterly along the East
right-of-way line of said Lytle Creek Flood Control Channel to the Southeasterly line of Inland
Center Drive, 60.00 feet wide, formerly known as Colton Avenue; thence Southwesterly along the
Southeasterly line of said Inland Center Drive and the Southwesterly prolongation thereof to the
Southeasterly prolongation of the Northeasterly line of the San Bernardino Freeway, Interstate 15;
thence North 210 10' 22" West along said Southeasterly prolongation and Northerly along the East
line of said Interstate 15, following its various courses, to a point 95.00 feet right of Engineer's
Station 320+64.00; thence leaving said East line Northerly to a point 99.00 feet right of Engineer's
Station 326+75.55; thence Northerly along the East line of said Interstate 15 to the South line of Mill
Street, 82.50 feet wide; thence Northwesterly to the intersection of the North line of said Mill Street
with the East line of said interstate 15; thence Northerly along said East line, following its various
courses to a point 95.00 feet right of Engineer's Station 334+12.00; thence leaving said East line
Northerly to appoint 99.00 feet right of Engineer's Station 337+70.00; thence Northerly along the
East line of said Interstate 15, following its various courses, to the South line of said Second Street,
82.50 feet wide; thence East along the South line of said Second Street to the POINT OF
BEGINNING.
45
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
ItIERGED. AMENDED, AND RESTATED REDEVELOPMENT PLAN
The legal description of the boundaries of the Central City East Redevelopment Project Area is as
follows:
"All that certain real property situated in
the City of San Bernardino; Gounty of San Bernardino,
State of California, and being more particularly described
as follows:
Those portions of Blocks 2, 14, 15, 16, 11, 18,
31, 32, 33, 34, 47 and 48 of the City of, San Bernardino,
as per plat recorded in Book 7 of Maps, Page 1; and Blocks
3, 4, 5 and 6, of the Rancho San Bernardino, as per plat
recorded in Book 7 of Maps, Page 2; and Fifth Street Place
Subdivision, Tract No. 2030, as per plat 'recorded in Book
29 of Maps, Page 49; and Fifth Street Place unit No.2,
Tract No. 2275, as per plat recorded in Book 32 of Maps,
Page 67; and Paine Subdivision, Tract No. 2063, as per
plat recorded in Book 29 of'Maps~ Page 70; and Amended
Baldridge Subdivision, as per plat recorded in Book 17
of Maps; Page 38; and Cypress Tract, as per plat recorded
ihBook 3 of Maps, Page 85; and Mea~owbrook Park subdivi-
sion, as per plat recorded in Book' 17 of Maps, Page 14;
and Wozencraft Place, as per plat recorded in Book 5 of
Maps, Page 47; and 'Bedford, Brothers Subdivision, as per
plat recorded in ~ook 3 of Maps, Page a4, 'all being rec-
ords of the County of San Bernardino, State of California,
described as follows:
BEGINNING at the intersection of tne East line
of Arrowhead Avenue, 82,50 feet wide, with the South line
of Third 'street, 82.50 feet wide ; thence Westerly along
the South line of Third street to a point 101.2S'feet East
of the Northwest corner of Lot 5., Block 14 of 'the said
City of San Bernardino; thence Southerly and parallel to
the East line '.of, "D"Street to a point 7 inches South of'
the Southlin~ of said LotS; thence Easterly and parallel
to the South line of said Lot 5 to a point 117.71 feet
West of the East line of Lot 4 of said Block i4; thence
South to a point l~ 8 feet South of the South line of
said Lot S; thence Easterly and parallel to the South. line
of said ~ot5 to a- point 81.00 feet West of the' East lin~
of said Lot 4; thence North 1. 8 feet to the South - line of,
said, Lot' 5; thence East.erly alonqthe South line of s'aid
Lot 5 to the Southeast corner of said Lot 5 I thence South-
erly along the West line ,of Lot t0t said Block, 14 to a
point 25.00 feet North of the Southwest co~er of said
- -.'
46
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED. AMENDED. AND RESTATED REDEVELOPMENT PLAN
Central City East Redevelopment Project Area Continued
Lot. 7, said' point be~ng'onthe North. line of ~e Pacific
Electric Railway company' s right-of-way; thenc;:e. 8asterly
along the North li11e of the Pacific Electric Ra~lway Com-
pany's right-of~way ~o the East l~ne of ~r.rowhead Avenue;
-thence Southerly along the East l1ne of. Arrow~~ad Avenu~
to the North line of Second Street; thence Ea~terly along
the North line of' Second street, a distance of 300.00 feet;
. thence Southerly to a point on the South line. _of Second
street 300.00 feet East of the Northwest corner of Lot 5,
Block 2 of the said City of San Bernardino; thence South.-
westerly toa point lying '50.00 feet South of the South
line of Second Street and 184.00 feet East of the East
line of Arrowhead Avenue; thence Southwesterly to a_point
on the East line of Arrowhead Avenue 225.00 teei;; South of.
the.Northwest corn~r of said Lot 5; thence Southerly a~ong
the East line _ of Arrowhead Avenue to. the North line of King
Street: thence Easterly along the _North line of King Street
to the West li~e of Mountain View Avenue;: thence Northerly
along the West line of Mountain View Avenue to the North,
line of Second Street; thence Easterly along the North line
of Second Street to. :the East line of 'Lugo Avenue, 50.00
feet wide; thence North along the Eastl:i,.ne o.f' said Lugo'
Avenue to the South line of said Third' streeti.thence' East
along the South line of said Third Street to the center~
line of Waterman Avenue, 82.50 feet wide;" thence North
along the centerline of said Water.man Avenue .to the. North
line of Seventh Street, 82..50 f$et wide; thence 'West a~ong
the North line of said Seventh Street to a point 22.00 .
feet East of the Southwest corner of Lot 6,. Block 3, said
Rancho San Bernardino: thence North para~lel with the West
line of said Lot 6 to the North line.of said Lot. 6; thence
West along t...he North line of said Lot 6 to the ~Q~1:l1.!!~~t
corner of Lot 4, Block 3, said Rancho San Bernardino1 thence
Northwesterly to a point on the South line of Ninth Street,
82.50 feet wide, which is 167.19 feet West of the North-
east corner of said Lot 4; thence West along the South
line of said Ninth Street to the East line of the West 2
acres of said Lot 4; thence South alon9 the'East line of
the West 2 acres of said Lot 4 to the South line of said
Lot 4; thence West along the South line of .said Lot 4 to
the Northwest corner of Lot 7, Block 3, said Rancho San
Bernardino; thence South along the West line of said Lot
7 to.the North line of said Seventh Street; thence West
along .the North line of said Seventh Street to the West
line of Sierra Way, 82.50 feet wide; thence South alonq
47
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
Central City East '3edevelopment Project Area Co~inued
the West line of s~id.Sierra .Way ~o the" North line. of
Victoria Street 35.00. fee~ wide: thence West along the
Nor~ line of said Victoria Street, and the Westerly pro-
longation thereof.r to the West line .of Mountain" VieW Ave-
nue, 82.50. feet wide: thence South along the West :Line
of said Mountain View Avenue to the North line of Lot 1,
Block 47, said City of" San Bern"ardino": thencfi!" West along
the North line ~f said Lot 1, and the North" .line of Lots
2, 3 and.4, Block 47, said City of San Bernardin(), to the
East line of said Arrowhead Avenue; thence South along the
East line of said Arrowhead Avenue to the POINT OF BEGIN-
NING.
48
REDEVELOIPUENr AGENCY OF THE CITY OF SAN BERNARDINO
MERGED" AUBIlDED" AND RESTATED REDEVELOPMENT PLAN
The legal description of the boundaries of the Southeast Industrial Park Project Area is as follows:
.
ItAII that certain real property situate in the,
City of San Bernardino, County of San Bernardino, State of
California, and being more particularly described as follows:
Those portions of Blocks 54, 55, 69 and 72, of
the Rancho San Bernardino, as per plat recorded in Book 7 '
of Maps, Page 2; and Victoria 'Subdivision, Tract No. 2948,
as per plat recorded in Book 40 of Maps, Page 94; ~nd
Victoria Farms Unit No.2, Tract No. 2038~ as per plat re-
corded in Book 29 of Maps, Pages 51 and 52; and Tract No.
2424, as ,per plat' recorded in Book' 34 of Maps, Page 60;
and Parcel Map No. 1455, as per plat recorded in Book 11 '
of Parcel Maps,,' Page 90; all being records of tJ:1e County
of San Bernardino, State of , California, described as fol-,
lows; ,
PARCEL' NO. 1
BEGINNING at the intersection of the South line
of Lot 45, Block 54, ,said, Rancho San Bernardino, with the '
West right-of-way line of the T"lin and Warm C~eek, Flood
Control Channel, being a point '400.00 feet West of the
Southeast corner of said Lot 4,5; then. South along the tlest
right-of-way line of 'said Twin and, Warm Creek Flood'Con-
trol Channel to the South line of the North 5'94.00 feet
,of, Lot 24, Block 54,. said R~cho San Bern'ardino; thence'
East along the South ,line of th~ North 594.00 feet of said
Lo't 24 to the East line of said Lot 24; the~ce North 99.00
feet along the East line of said Lot 24 to' the South line
of the'North 495.00' feet of Lot 25, Block 54, said Rancho,
San Bernardino1 thence East along the South line of the,
North '495..00 feet 'of 'said Lot 25 to the centerline of
Waterman Avenue; thence South along the ,centerline of said
WatE;!rmap Avenue to the North line of the RedlandsFreeway,
Interstate 10; thence West along the North 'line of said'
Interstate 10, following its va~ious courses, to the most
Southwesterly' corner of Parcel No.4, said Parcel Map No.
1455; thence Northwesterly along the Southwesterly line
of $aid ParCel No. 4 and the Southerly line, of Parcel No.
5, said Parcel Map ,No. 1455 to the ~ast Line of Hunts
49
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED. AMENDED, AND RESTATED REDEVELOPMENT PLAN
Southeast Industrial Park Project Area Continued
Lanei thence Southerly, alollg the Easterly line' of said
Hunts Lane to, the EasterJ.y, prolongati..on 'of the Southe~ly
line of "E" Street,EXtension; thence Westerly and Northerly
,along the saiq' ~asterly 'prolongation, the said Southerly
line and the Weste'rly line of said "E" Street ,Extension -
alid , "E II Street, following its various courses, to the North
'li~e of Fairway Drive, :formerly known as C~lton Avenue; ,
thence West along the saiq North line, of said Fairway
Drive ,to the {"lest' line of the San Bernardino Freeway, In-
terstate 15; thenceNo~th along the Westlirie of said In-'
terstate 15 to ,the South line of Lot 15, Block 54, said
Rancho San Bernardino; thence Wes t along the 'S'outh line'
of said Lot I?, Block 54, to the West line of Parcel No.
2,. Parcel Map No. 1972, as per plat record'ed in Book 16,
of Parcel Maps, Page 47, records of said County;, thence
North along the West line of said Parcel No. 2 and North
along the West line of Parcel No., l,'saicf Parcel- 'Map No.
1972, to the Northwest corner of said Parcel No.' li thence
North 'along the West ~ine of the East one-half of the
'Northeast one-quarter of said Lot 15, Block' 54, to the
North line of said Lot 15; thence West along the ,North
line 'of said Lot 15 to the Southwes~ corner of' Lot' 22~'
Block 54, said Rancho San Bernardino; 'thence Northeasterly
,to a point in the Southwesterly line' of the 'San B-ernardino
Freeway, Interstate 15, which point is ,100.00' feet North~
westerly along said Southwesterly line from the Northwest-
erly line of Orange Show Road, lOO'.CO feet wide,; thence
Southeasterly along said Southwesterly line to' the North-
westerly line of said Orange SllOw -,Road; thence Southwest-
"erly; Southeasterly and Northeasterly along the Northwest-
erly, Southwesterly and southeasterly lines of sai,d Orange
Show 'Road, following its various courses, to the Southerly
line of "F" Street; thence Easterly along the said South,-
er~y line to the Westerly line of the said San Bernardino
Freeway; thence Southerly along the $aid Westerly line to
~e West"erly pro1onqationof the, North line of, Par~eI, No.
2, Parcel Map No. 773, as per ,plat recorded in, Book 7 of
'Parce,l Maps;- page 65,' recoJ:dsof sa;i.d County; "thence East'
:alonq - said Westerly prolo:ngation and a1o:ng the North line-
of said Parcel No.2, to the West line of IIEII- Street';
thence North along the West line of sai,d 'IE n S,i::reetto
the -Westerly prolongation of the South line of Century ,
Avenue, 60~OO feet-wide; thence East along sai4 Westerly
50
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED. AMENDED. AND RESTATED REDEVELOPMENT PLAN
Southeast Industrial Park Project Area Continued
prol.ongation and along the South .lirie of said Centliry Ave-
nue to a point on a line which is parallel with and 800.00
feet E;ast of~the East:. line of said "E" Street; 82.50 fe~t
wide; thence N'orth parallel with said East line of "Ell
Street to the South line of said -x..ot 45,' Block 54, 'Rancho'
'San Bernardino; thence' East along the South line of said .
L01;. 45, .'Block 54, to the POINT O~ BEGINNING. .
PARCEL NO. 2.
BEGINNING at. the' ;intersection . of the centerline
of waterman Avenue with the. South line of the Santa Ana
.River Flo~ control, Channel' . right-of-way; thence Bast
along the Easterly prolongation of said South ~ine and
continuing Northeasterly along the Southeasterly line of
said Santa 'Ana River Flood Control Channel right-of~way,
following its various courses, being along a li~e 400..00
feet Southeast'erly of the. centerline' o'f said, ri<Jht~of-
way to the East liil"e of t~e West 840. 0,0 feet of, Lot 8','
said Block 72; thence North to the North line of said
Lot '8; thence 'East along the North line of said Lot. 8,
and Lot 7, said Block' 72, to the 'said Southeasterly line
of said Santa Ana River, Flood Control Channel right-of-
way; thence Northeasterly along said Southeas_terly line,
following its yarious' c~urses, to its iritersection with
a line wh';i.ch bears North 1.5031' East and passes through
a point ,in the South line of Lot 10, said Block 72,. said
point being 829.67 :eeet. West. 'from 1;:he Southeast corner
of said Lot 10; thence North l503l'-East along said line
to the Southwesterly line of the. Mission Channel Flood
Control'ri<Jht-of~way; then~e 'Southeasterly along .the .
.said, Sou~west'erly line of the said Mission Channel 'Flood
.Contr~l right-af-way to the West line of Lot 11, Block 12,
said Rancho San Bernardino; thence South along the West
line of .sajd Lot 11 to the South line of said Lot 11;
thence' East along the South line of said Lo1: 11 and the..
South,line of 'Lot. 12, Block 72, said RanCho San Bernardino,
and the Easterly prolongation of the South line ~f s'aid' .
Lot 12 to t..~e East. line of. Tippecanoe Avenue; thence S'outh
along the East line of said. Tippecanoe AVenue to the East-
erly prolongation 'of the North' line of Lorna Linda Gardens,
Tract No. 2743, as per plat r~cOrd~d'in Book 3S'of'Maps,
Page 47, records'of said County; thence West along .said.
Easter~y prolongation and West along the North'line of
51
REIDEVEILOIPIMEINT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED. AMENDED. AND RESTATED REDEVELOPMENT !PLAN
Southeast Industrial Park Project Area Continued
said Tract 'No. 2743 to'the West line of said Tract No.
2743; thence South along said West line to the South
line of said Tract No. 2743; thence East along :said South
line 'to the West line of said Tippecanoe Avenue; thence
South along the West line of said Tippe'canoe' ~veriue to
the North line of the Redlands Fre'eway, Intersta1;:e io;
thence West, alonq the North line of said Interstate 10,
following its, various courses, and the Northwesterly "pro-
longa~ion thereof, bearing North 76050 '12" West, to :the,
centerline of said Waterman Avenue; thence Southwes,ter1y
to a point on the, North line of said Interstate 10, being
237.83' ,feet left of' Engineer's Station 173+69.75j thence
Northeasterly along the North' line of said Interstate 10
to the centerline' of said Waterman Avenue:, thence North,
along the centerline of said Waterman 'Avenue to the POINT
OF BEGINNING'. .
PARCEL NO. 3
BEGINNING at the Southwest, corner Of Lot 11,
said Block' 7.2, said Rancho San Bernardino i thence N()rth
along the West line ot" said Lot 11 to the Southwesterly
line of the' Mission' Channel Flood Control right-.of~way;
thence 'Northwest along the said Southwesterly line ,of
Mission Channel F100d Contro1 right-of-way to its inter-
section with a line whiCh bears North 15031' East and
passes through a point in the South line of Lot 10, .said
Block 72, said pqint being 829.67 feet:West 'from the
Southeast corner of said Lot 10 i thence North 15031' Eas1;:
along said line to a point which is 1,302.00 feet meas-
ured along said line from the said, South 1ihe of. Lot 10;
thence North 50042' East to a line which bears South
82049' west 'and passes through a point in the' East, line
of'said Lot 11, said point being 1,891.95 feet North' from
the Southeast corner ,of said Lot ,11; thence North' 82049'
East to the said Southeasterly line of the, Santa Ana River
Flood Control Channel' right-of-way; thence Northeasterly
along said Southeasterly right-of-way line, fo11ow~ng its
various courses, to its intersection with .a'line which
bears North 32026' 00 I. East and passes through a point
which is North 00038130" East 488.01 feet and south .
89021 r 3D" East 185.00 feet 'from the intersection of ~~e
cent~r11nes of Tippecanoe and ,San Bernardi.no,Avenu~s;
thence S'outherly to the South\4'esterly corner of the most
Nor,therly ,25.,00 feet' of Parcel NO.1, said TZ:"act No. ,
2038; thence East along the South line of the said most
52
REDEVELOPMENT AGENCY OF TlHE CITY OF SAN BERNARDINO
MERGED. AMENDED. MD RESTATED REDEVELOPMENT PLAN
Southeast Industrial Park Project Area Continued
.' ~
Northerly 25.00 feet of Parcel No.1 to.the Northeasterly
line of said Parcel No., 1; thence Southeasterly. along the
Northeasterly line of said Parcel No. 1 to the Northwest-
erly line of Riverside Street, 50.00' feet wide, being the'
Northwesterly line of said Tract No. 2948.; thence North~
easterly along the Northwesterly line o~ ~aid'Riverside
Stree.t; and' Northeasterly along ~e Northwes terly line pf
said ~ract No. 29~8, following its various' courses, to
th~ West rine of'Mounta,in View Avenue; thence South' along
the West. line of said Mo:untain View Avenue to ~e North'
line of Lot 148, Tract No. 1892, ,Victoria Farms U~it No.
l,.~s per plat recorded in Book 27 of Maps, P'age 27, rec-
o~ds of said ,county; thence West along the North line of
said Lot 148 to the ,East: line of Lot 92, sa"d, Tract No.
~948; ,thence So~th along the East line of said Lo~ 92 and
Lot 125, said Tract WOe 2948, to the North line "of Wallace
Court, 50.00 feet wide; 'thence West along sa:J.d North ',line
to the East line of Lot 121, said Tract'No. 294a: thence'
North along the East line 'of said Lot 121 to the South
line of Lot 96, said Tract No. 29~8; th~nce West along
the South line" of said Lot 96 and West along the. 'South
line' of Lots 97 to'108, inc1usive, said Tract No. ~948,
and the Westerly prolongation thereof to, the West'line
of .Shedden Drive, 50.00 fee.t wide; thence North 10.00
feei;: along the West line of said She~den- Drive to .the,' ,
South line of Lot 168, said Tract No. 2948; thence We~t
along the South line' of said Lot 168 to the West line of. ,
said Lot 168; thence North 20~00 feet alo~g the West line
of said Lot 1~8 to the South line of Lot 172, said Tract
No. 2948: thenCe West along the South line of said Lot
172 and West along the South line of Lots 173 to 183,
inclusive; said Tract No. 2948, to the East line of
Richardson Street~ '80.00 f,eet wide; thence South along the
East line of said ,Richardson Street to the North line of
Victoria Avenue, 80.00 feet wide: thence continuing south
along the East line of Richardson Street, '50~00 feet wide,
to the Easterly prolongat-iort of the South line of Lot A,
said Tract No. 2038; thence West along said Easterly pro-
longation, the said South line of Lot A and the South line
of .Parcel No.5 and Parcel No.6, ,both said Trac;:t No. 2038,
following their various courses, to the East line of said .
Tippecanoe Avenue; thence South along the East'line of said
Tippecanoe A'Venue, following" its various courses, to the .' .
Easterly prolongation of th~ South line of Lot 12, Block
72" said Rancho San Bern'ardino; thel;lce West 'along said
53
REDEVELOIP.1ENf AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
Southeast Industrial Park Project Area Continued
Easterly prolongation and. West along the South line of
said Lot 12" Block 72, and. the South line of Lot 11, B'lock
72, said Rancho San Bernardino, to the POINT OF BEGINNING.
54
REDEVLEOPUENT AGIEJNlCY OF mlE CiIlY OF SAN BERNARDINO
MERGED., AMENDED" Ml()) RESlfA1fED REDEVELOPMENT PLAN
The legal description of the boundaries of the Tri-City Project Area is as follows:
. SUBAREA I
that portion of Block 51. of the Ran"cho.San B~rnir.d.ino as per plat
ttl ereof recorded in Book' 7 of Maps, Page 2, . records c:>>f t~ e
County' Rec()rder, S~n Bernardi no County. State: of Ca 1i forni a,
more particularly des.cribed as follows:
.'Beginnlngat.aningle 'point in the Pre~ent Corp.o~~te City.Limit
Line of the City Qf Sin Bernardino, sald~oint belng the lnter-
section of the centerline of S1xthSt~eet and the cen~erllne of
. Elmwood Road; thence North'er1y a10n.9 the 'Pres.nt. Corporate Ci ty
limit line to the. centerline of Ninth Stre,t; thence West along
the' centerline of Ninth Street to the East 11ne of lot 9 of said
Block 51 ; thence North along' sa; d East 11 ne .. d~ sta"nceof 1655
feet, more or less, to the Southeast corner of Parcel Map
No. 3236, as per plat thereof recorded in Book 30 of Parcel
Maps, page 39, records of sai dCounty; thence Southwesterly
along the Souther.ly 1i ne of sai d Parcel Map to the Southeast
corner of Parcel Map 4147, as per pJat.thereof recorded in Book
42 of Parcel Maps, page 97. records of said County; thence
Southwesterly a.long the 'Southerly line of said Parcel .Map and
.'its South.we.sterly. prolongation to the East line of' the West
470.25 feet of lot .8 of. said Block 5l: thence South along said
East 11 ne to the centerli ile of. Ni nth Street; thenc~ West along
th e center 1 i ne of Ni nth Street a di stince of 20 feet, mo re or
less, to an angle point of the Present Corporate City Limits
Line; thence South along sai'd City limits line to its intersec-
tion with a Hne parallel with and 894.36 feet North of and
measured at right angles to the South lines of .1Qts 3 through 6
of said -:8lock 51; thence East along said parallel Hne to its
i "tersect~ on wi th ,th.e West 11 ne ..of that' certai ri 'unnamed access
road .conveyed to the Cou,",ty of San. 8ern~rdi no by Grant of
Easement recorded June 16, 1965, in Book 64.l2,page 627,
Official Records of sa.id. County; thence. So~th along said West
11 ne and its Southerly prolongati on to. the centerHne of Si xth
Street; th ence East along sa.; d Center'li ne to th e Point of
Begi nni og . .
55
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED AMENDED AND RESTATED REDEVELOPMENT PLAN
" >> Tri-City Project Area Continued
SUBAREA II
That 'porti on of. B.lock 72 of the Rancho San Bernardino as 'per
plat thereof recorded i n Book 7. of Map$., page ,2., records of th e
County Recorder. 'San Bernardi no County,. State of Ca 11 forni a,
more particulatly described as follows:
;. ..,
Beginning at the' fntersection of the North line of the
Interstate 10 Freeway and the centerl1 ne of Waterman Avenue;
thence North along said centerline a distance of 1800 feet, more
or less, to an angle point of the Present Corporate City limits
line; thence Easterly ,and Northeasterly along said .City limits
line to its intersection with the East line of lot 10 of said
Block 72.; thence South along sai d East 1i ne to ~he' centerli ne
of Gould'Street;thence East along the ce"terlineof Gou.ld Street
to ..4 t.s i nterse~ti, on . wi th th e ,center 1i ~e of T1 ppecanoe Avenue;
.thence South along the centerl1 ne of T~ppeccanoe Ave'n"e to, i ts
interse,ction ,with the Easterly prolonga;t1pn of ~e North line of
Tract No. 2743 as per plat .thereof recorded i'n' aook 38 of Maps,
page 47, records of sai d, County; thence West a tong' sai d pro-
.1ongationand North line to the Northwest corner.thereof; thence
South a long .~ e West 11 ne of s ii d Tract No.. 2743 and i ts
. Southerly pro100gati on to the North. 11 ne of sai d t nterstate 10
. Freeway"; th'ence West' a.long sa; dNorth 1i ne to the Point of
Beginning.
56
REDEVELOPMENT AGENCY OfF THIE Cmf OF SAN BERNARDINO
MERGED, AMENDED. AND RESTATED REDEVELOPMENT PLAN
The legal description of the boundaries of the South Valle Project Area is as follows:
Those portions of lot 1, Block S~: Lot 4, Block 65;
lots 7 and 8, Block 72.: and lots 7. 8,9 and 10, Block 75, all
of the Rancho S~n Bernardino as per plat thereof recorded .in
Book 7 of Haps, Page 2, Records of the County Recorder of San
Bernardino County, St~te of California, and those portions of
all those various subdivisions lying wIthIn said Rancho Blocks
and together. with those portions of the adjoinIng streets,
described as follOws:
Beginning at the Intersection of the centerline of
Waterman Avenue and the south line prolongation of Carol ine
Street (60 feet wide); thence south along said centerline of
Waterman Avenue to its intersectIon wl.th the westerly prolon-
gation of the south line of Lot 8, Tract No. 65~9, as per plat
thereof recorded. j n Book 87 of Haps, Pages 6 and 1, Records of
said County. said south line of lot 8 being also the northwesterly
line of Gage Canal as shown per Record of Survey in Book 16,
pages SO through 56 inclusive; thence. northeasterly a10ng said
northwesterly line of Gage Canal following all Its various
courses and distances to the sQutherly J ine of San Timoteo
Creek. (San Bernardino County Flood Control District Channel)
per County Surveyors Hap No. .2125 and per document in Book
5520, Page 327, Official .Records of said County; thence westerly
along said southerly line of San Timoteo Creek to the south
line of Redlands Boulevard (82.50 .feet \o/ide); thence' north
to the intersection' of the north line of said Redlands Boulevard
and said southerly line of San Tlmoteo Creek; thence continuing
westerly along saId southerly line of San Timoteo Creek to the
southerly line of Interstate Highway Route 10 per State Rlght-
Of-Way Kap No. 98~092: thence westerly along said southerly
line of Interstate Highway Route 10, and its prolongations,
followIng a11 its various courses and distances to the centerline
of Hunt5 Lane (88 feet wi de) as shown on sai d State Right-Of-Way
Hap No. 98~092, and on State Right-Of-Way Haps'No.ls 910511
through 910513 inclusive; thence south along said centerline
of Hunts Lane to the northerly line prolongation of the
Southern. Pacific Railroad saId line beIng also the south
l'ne of Parcel 7. of Parcel Hap No. 2803 recorded In Book
3~ of Parcel Haps, Pages 83 and' 8~t Records of said County:
57
REDEVELOPMENT AGENCY OF THE CIlY OF SAN BERNARDINO
MERGED, AMENDED. AND RESTATED REDEVELOPMENT PLAN
South Valle Project Area Continued
-- - -. ..
thence easterly along said south tine of Parcel 7, to the
southeast corner of said Parcel 7: thence north along the
east line of saId Parcel 7 to the northeast corner of said
Parcel 7: thence east along the-south lines of Parcels 3 and
6 of said Parcel Hap 2803. and the south line of said Caroline
Street and Its prolongation to the Point of 8eglnnlng.
58
REDEVELOPMENT AGENCY OF THE CIflY OF SAINI BERNARDINO
MERGED, AMENDED, AND RESTATED IRJEIDEVlEILOPMENT PLAN
EXHIBIT C-
PROJECT LIST
The following list of proposed projects and programs may be undertaken by the Agency along key
corridors and at prime opportunity sites within Merged Area A. These projects and programs are
not listed in order of priority and may change from time to time.
PUBLIC FACILITIES AND INFRASTRUCTURE IMPROVEMENTS
These projects and programs involve the replacement and upgrading of public facilities and
infrastructure to support existing uses and new development and include:
. Circulation upgrades and street improvements
. Street beautification, landscaping, medians, and banners
. Bridge construction, reconstruction, and repair
. Parks and recreation/community centers
. Public safety improvements
. Infrastructure assessments/plans
. Utility improvements (e.g., sewer main replacement/relocation. high groundwater
table/liquefaction mitigation)
· Flood control projects
. Bikeways and trails
· Sound walls
. Railroad track removal
· Easements
ENVIRONMENTAL CONSERVATION
These projects and programs involve increasing the long-term viability, relevance, and cost-
effectiveness of existing and future buildings in Merged Area A. Redevelopment activities include:
. Solar and geothermal building retrofits
· Research and development
· Studies and plans
ENVIRONMENTAL REMEDIATION AND BROWN FIELDS REVITALIZATION
These projects and programs seek to mitigate environmental threats to public health and safety,
and transform contaminated, underutilized properties, otherwise known as "brownfields," into
productive assets of the community. Redevelopment activities include:
. Community outreach
· Grant funding
· sbX Bus Rapid Transit Project
. Environmental remediation
59
REDEVELOPMENT AGENCY OF 'fHE CIfTV OF SAN BERNARDINO
MERGED, AMENDED. AND RESTATED REDEVELOPMENT PLAN
LAND USE PLANNING TO GUIDE REDEVELOPMENT
These projects and programs involve updates to land use goals, plans, and policies needed to
effectively implement the Agency's redevelopment activities. Examples include, but are not limited
to:
· General Plan and zoning updates
· Preparation of a Downtown Core Specific Plan or Overlay
· Specific plans
PUBLIC TRANSIT
These projects and programs seek to increase public transit systems through Merged Area A and
include:
· sbX line right-of-way improvements
· sbX stops
· Bus and rail transit stations
· Transit-oriented development projects
INFILL DEVELOPMENT PROJECTS AND AFFORDABLE HOUSING
These projects and programs involve site clearance, land assembly, and development of infill
projects, including affordable housing. Redevelopment activities include
· Studies and plans
· Property acquisition
· Site preparation (including on and off-site public facility and infrastructure improvements)
· Developer assistance
· Housing, commercial, and industrial rehabilitation and development
· Affordable housing programs
ECONOMIC DEVELOPMENT ACTIVITIES
These projects and programs seek to complement the Agency's goals for urban revitalization by
supporting economic development activities to expand and attract businesses to Merged Area A,
and provide small business assistance and development. Redevelopment activities include:
· Fayade improvement programs
· Business expansion and attraction programs
· Enterprise Zone administration
· Small Business Administration 7(a) Loan Program
60
o
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN
EXHIBIT 0-
MAP OF REMAINING BLIGHT
BLIGHTED, NOT BLIGHTED, AND NECESSARY & ESSENTIAL FOR REDEVELOPMENT
SAN BERNARDINO MERGED AREA A
EXHIBIT D
o
l
" i
";';:;~r ____.~_!':....~_.___,;;M .._- t.L-~
=._~ -_..!"~._._- ~- Legend
:j~", .r"-'~-f.,- .
"f-~.:::~:- - -:::... _ Blighted Parcels
(~ urn.~.''''>>r.
~....l.::c.-=-"-r-'- _ Parcels necessary & essential
;f--_.!!" for effective redevelopment
. P8ICl!IS not....dlcaled a. bl,g-.ted
or necessery and eS!:enhal1Or
el1ed.ve redevelopment are
not caJSldered blighted
lb_ ClIyofS../lt""f'ilrlO GIS c.,.rtM.nI,MtoSOiln.ndRSGFitId SUrvoy s., 29.2009
o 0 I 0.2 0.4 0.0 08
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61
ROSENOW SPEVACEK GROUP INC.
Report to the Mayor
and Common Council
SAN BERNARDINO MERGED AREA A
MERGER & AMENDMENTS
October 4, 2010
This page intentionally left blank
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
TABLE OF CONTENTS
Introduction ...... ...................................... ....... ... ..... .... .... ..... .................. ... ......... ....... ..... ... ....... ....... ..... ....1
Overview............................................................. ................................ ....................... ................................... ...1
Amendment to Increase the Tax Increment & Bonded Debt Limitation ......................................................1
Amendment to Add Public Improvement Projects to Merged Plan .............................................................2
Amendment to Extend the Effectiveness and Term to Receive Tax Increment by 10 Years ........................2
Project Area Merger............................. ........................................................................................................ 3
Report to the legislative Body Contents ...................................... .......................................... .........................4
Merger a nd Amendment Process........................................ ............................................................................6
Backgrou nd ................................................................................ ................................................................ ......6
About The City..... ........... .......................... ...... .......... ...... ...... .............. .................. ......... .............. ......... ........6
About The Agency.................................... ...................... ............ ............ .................... ............ ...... .......... ......8
Merged Area A ..... ................................. .............. ...... ............ .......... ................ ...... ...... ............... ........... .......8
City and Agency Financial Capacity.......... ....... .......... ...... ..... ............... ........... ......... ..... ...................... ....... 11
SECTION A: DESCRIPTION OF REMAINING BLIGHT ..................................................................................12
Overview.......................................................................................................................... ............................. 12
Merged Area A Demographics .......................... ............ .......................... ................................................ ...... 12
Population, Households, and Household Median Income ........................................................................ 12
Poverty Levels and Unemployment Rates.......... .......... .................................................... ......... ......... ....... 13
Education. ........ ....... .......................................... .................. ..... ....... ....... ...................... ............. ................ 14
Defin ition of Blight........................................................................................................................................ 15
Urbanization............................................................................................................................................ ...... 16
Physical Blight and Economic Blight ........................... ................................................................ .................. 21
Blight Study Approach and Methodology............ .............. .................................. ......................................... 22
Other Physical and Economic Research ..... ......... ................ ............ ............................................ .... .......... 23
Merged Area A Physical and Economic Blight Conditions ............................................................................ 23
Physical Blight in Merged Area A ....... ......... .............. ........ ...... ............... ........ ............................ ....... ........ 28
Economic Blight in Merged Area A................... ....... ...................... ......................... ........................ ..... ...... 88
Summary of Merged Area A Blighting Conditions .................................................................................. 116
Conclusion.......................... ................................................................................................................ .117
SECTION B: PROJECTS AND PROGRAMS TO ELIMINATE BLIGHT............................................................. 120
Downtown Core Vision/Action Plan ...... .................................................... ................................ ................. 121
Projects a nd Programs................................................................................................................................ 122
Public Facilities and Infrastructure Improvements........ ................. ...... ........ ......... ..... ............. ........ ....... 122
Environmental Conservation....... .............. ............ ......... ................ ........................... ..... ............ ............. 122
Environmental Remediation and Brownfields Revitalization ...... ................................ ........... ................. 123
Land Use Planning to Guide Redevelapment...... .......... .......... ............. .................................... ....... ........ 123
Public Transit......................................................................................................................... .................. 123
@RSG
IT
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
In/ill Development Projects and Affordable Housing .............................................................................. 123
Economic Development Activities ...... .... ...... .... ...................... ...... ......... ...... .... ..... ........... ............ ............ 123
Necessity of Merger and Amendments ...... .................... ................................ ............................................ 123
Continuing Economic and Real Estate Challenges ...........~.......................... ............................................ 124
Downtown Core Vision/Action Plan .... ...... ............ .... ............. ..................... .... ...... .................... ...... ........ 124
Fiscal Stability............................................................................................................................. ............. 125
.SECTION C: PRELIMINARY ASSESSMENT OF THE PROPOSED METHOD OF FINANCING ...........................126
Proposed Method of Continuing to Finance Redevelopment ........................ .........................................126
Property Tax Increment...... ....................................................................................... ............ ..................... 126
Bonded Debt........................................................................................................... ................. ................... 127
lease or Sale of Agency-Owned Property...................................................................................................127
Participation in Development ...... .... ............................................................ .... ................ ........................... 127
Financial Assistance from the City, County, State, and/or Federal Government ...................................... 127
Other Available Sou rces ...... .......... .......... ................. ..... ...................... ............. ....... .................................... 128
Merger and Amendments .................. ........... ...... ........................................ ............... ..........................128
Current Merged Area A Time and Financial limits ..................................................................................... 128
Tax Increment Revenue Projections. ........................................ ........... ..... ....... ........................................... 129
Merged Area A Merger .......................... ....... ............... .................................... ........................................... 131
Proposed Cu mulative Tax Increment Um it ...................................... .......... ...... .... ................................... .... 133
Proposed Cumulative Bonded Indebtedness Umit.......................................... ........................................... 134.
Ten Year Extensions for Central City North and Meadowbrook/ Central City Project Areas ....................135
Reasons for the Provision of Tax Increment .................................................. ........................................137
SECTION D: AMENDMENT TO THE AGENCY'S IMPLEMENTATION PLAN .................................................138
SECTION E: NEIGHBORHOOD IMPACT. ......................... ................................ ........................................139
Overview.................................................................................................... ........................................ .139
Impact on Residents in Merged Area A and Surrounding Area ...............................................................139
Relocation..................................................................................................................................... .............. 139
E nvironmenta I Qua Iity ................................................................................................................................ 140
Traffic Circulation........................................................................................................................................ 140
Community Facilities a nd Services ...... .......... .... ......... ......... ............................... ........... .......... .................... 141
1. Police Services. .................................. ....... ......... .......................... ....... .......... ........ .................... ........... 142
2. Fire Protection............. ......................... ........... ..................... ......................... .................... ....... ........... 142
3. Libraries.......................................................................................................... ...... ................. ....... ....... 142
4. Parks and Recreation ..................... ........... ...... .................... ..... .......... ......... ........ ............ ............... ..... 143
5. Gas, Electricity, and Telecomm unications............... ........................ ........... .............. ................ ........... 143
6. Storm Drainage.................. ............... ..... ..... ...... .................. ....... ........ ......... .............. ........ ......... ......... 144
7. Solid Waste Disposal.............................. ................ ............. ....... ................. .......... ............. ...... ........... 144
8. Water.......................... ....... ..... .... ...... .......... ........... ........... ......... ........ ......... ................ ............. ........... 144
@RSG
Iili
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
--- ----- - . ---,- ~- ._- ---,--"-'~_..._-_.
9. Wastewater......................................................................................................................... ................ 145
School Population and Quality of Education .............................................................................................. 145
Property Assessments and Taxes................................. .......................................... ............... ...................... 146
Relocation and low- and Moderate-Income Housing ................................................................................ 146
Affordable Housing Units to be Destroyed or Removed ......................................................................... 146
Projected Displacement of Low- and Moderate-Income Persons and Families...................................... 147
Number and Location of Replacement Housing ..................................................................................... 147
Number and Location of Low- and Moderate-Income Housing Planned Other than Replacement Housing
...................................................................................................................................... .......................... 147
Financing Method for Proposed Low- and Moderate-Income Dwelling Units Planned for Construction or
Rehabilitation..................................................................................................................... ..................... 147
Timetable for Provision of Relocation, Rehabilitation, Replacement and Inclusionary Housing ............ 148
Other Matters Affecting the Physical and Social Quality of the Environment ........................................ 148
SECTION F: DESCRIPTION OF MERGED AREA A BONDS .........................................................................149
1998 Series A Refunding Bonds ............................................................................................................149
1998 Series B Subordinate Refunding Bonds .........................................................................................150
2005 Series A Refunding Bonds ................. ....... .................. ................ ................ ..................................152
2005 Series B Refunding Bonds............................................................................................................ .153
2006 Housing Set Aside Tax Allocation Bonds .......................................................................................154
SECTION G: METHOD OF RELOCATION .................................................................................................155
SECTION H: ANALYSIS OF PRELIMINARY PLAN ......................................................................................156
SECTION I: REPORT & RECOMMENDATION OF THE PLANNING COMMISSION........................................ 157
SECTION J: STATEMENT OF CONFORMANCE WITH GENERAL PLAN .......................................................158
SECTION K: ENVIRONMENT AllMPACT REPORT.............................................. ........... ...........................159
SECTION l: REPORT OF THE COUNTY FISCAL OFFICER ...........................................................................160
SECTION M: TAXING AGENCY, PROJECT AREA COMMITTEE, RESIDENTS AND COMMUNITY ORGANIZATION
CONSU l T A TION S.................................................. ............................................................................... .161
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a Introduction
INTRODUCTION
OVERVIEW
In accordance with the California Community Redevelopment Law ("CRL") (Health and Safety Code Section
33000 et seq.), the Redevelopment Agency of the City of San Bernardino ("Agency") is proposing various
redevelopment plan amendments and the merger of seven of the Agency's redevelopment project areas
("Project Areas,,).1 The seven Project Areas under consideration include Central City North, Southeast
Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City East, and Central City South,
collectively referred to as "Merged Area AU and individually referred to as "Project Area." Table i-1
summarizes the proposed merger and redevelopment plan amendments ("Merger and Amendments") under
consideration by the Agency and the Common Council of the City of San Bernardino ("Common Council"). As
part of the Merger and Amendments, the Community Development Commission of the City of San Bernardino
("CDC") is proposing to adopt a single Merged, Amended, and Restated Redevelopment Plan for Merged
Area A ("Merged Plan").
Merger and Amendments Table i-1
San Bernardino Merged Area A
Tax Increment
& Bonded Merge Single - Merged,
Indebtedness Capital 10-year Project Amended &
PROJECT AREA Cap Projects Extension Areas Restated Plan
Central City East ..J ..J ..J ..J
Central City North ..J ..J ..J ..J ..J
Central City South ..J ..J ..J ..J
Meadowbrook/Central City ..J ..J ..J ..J ..J
South Valle ..J -V -V -V
Southeast Ind. Park ..J ..J -V -V
Tri-Citv -V ..J -V -V
AMENDMENT TO INCREASE THE TAX INCREMENT & BONDED DEBT LIMITATION
Section 33354.6(a) of the CRL sets forth that when a redevelopment agency proposes a redevelopment plan
amendment to increase the limitation on the number of dollars to be allocated to the project area, or the
amount of bonded debt that can be outstanding at anyone time, the agency shall follow the same procedure,
and the legislative body is subject to the same restrictions, as when adopting a new redevelopment plan.
Furthermore, CRL Section 33354.6(b) specifies that when an agency proposes such amendments, it shall
describe and identify the following in the amendment documents: the remaining blight within the project area;
the portions, if any, that are no longer blighted; the projects that are required to be completed to eradicate the
remaining blight; and the relationship between the costs of those projects and the amount of increase in the
limitation on the number of dollars to be allocated to the agency. 'The ordinance adopting such an
1 In total, the Agency manages the following 14 Project Areas: Meadowbrook/Central City (2), Central City East, Central City South,
Central City North, Central City West, State College, Southeast Industrial Park, Northwest, Tri-City, South Valle, Uptown, Mt. Vernon, and
40th Street.
@ 8_~.G____-~____.__.__._..__ .-------.--.~-_._._~.--------~-----..--~-...-.-------.'--T--1~
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
_____ __________ _. Rep~~to theMayor~!l~_Corn.m.o~ _~ouncil
amendment must contain findings that both (1) significant blight remains within the project area and (2) the
blight cannot be eliminated without the establishment of additional debt and the increase in the limitation on
the number of dollars to be allocated to the redevelopment agency."
The Agency is proposing single cumulative limits for both the tax increment limitation and the bonded
indebtedness limitation for Merged Area A. Table i-2 illustrates the current tax increment and bonded
indebtedness limitations and the proposed limitations that will be included in the Merged Plan if adopted by
the Common Council at the public hearing.
Current and p" osed Tax Increment C and Boncled Debt Umt
'an Bern.rellno MI'1Ild Aro. A
T IIbIe 1-2
Bondld Ile_bt
Limit
Limit on Rlcllvlnll Tax Incromlnt
ProJICt Aro.
Centrel City North
$40,000.000
1.75 x Annual Maximum Debt SeroAee
TriCity
$18,000,000
$60.000.000
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ProJICt Area
Bondld Debt LImit
Limit on Rlcelvlnll Tax
Incremlnt
South Valle
$14,000,000
1 75 x Annual Maximum Debt SeNiee
Merged Area A
$327,000,000
$2,500,000,000
Meadowbrook/Centrel City
$50,000,000
1.75 x Annual Maximum Debt SeNiee
Centrel City South
$30.000,000
1.75 x Annual Maximum Debt SeroAee
Centrel City East
SaurO<'. 'eeI S
$25.000,000 1.75 x Annual Maximum Debt SeroAee
Cherts - S.n &"",dioo EDA
AMENDMENT TO ADD PUBLIC IMPROVEMENT PROJECTS TO MERGED PLAN
Under Section 33354.6 of the CRL, the legislative body may amend a redevelopment plan to add significant
capital improvement projects as determined by the redevelopment agency. To add such capital improvement
projects, an agency must follow the same procedures as adopting a new redevelopment plan. The Agency is
both amending the capital project lists for the individual Project Areas into one merged list, as well as adding
new capital projects for Merged Area A.
AMENDMENT TO EXTEND THE EFFECTIVENESS AND TERM TO RECEIVE TAX INCREMENT BY 10 YEARS
The Agency wishes to pursue the extension of the effectiveness of the Central City North and
Meadowbrook/Central City Project Areas. These Project Areas will reach their effectiveness time limit in the
near future. Once the effectiveness limit is reached, implementation activities (except for inclusionary
housing) within the Project Areas must cease and funds can only be spent on administering debt associated
with the Project Areas. Therefore, the Agency wishes to pursue an amendment to extend for 10 years the
effectiveness and time period to receive tax increment for these two Project Areas. This amendment will
further the Agency's ability to financially support needed redevelopment projects and programs in Merged
Area A. Table i-3 depicts the current and proposed effectiveness and tax increment time limitations in the
Central City North and Meadowbrook/Central City Project Areas.
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12
-..-------..-.--..-.---...--.---- -.----..---.--.-.-.----.- ...-.---.
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
_ _._ ___.. _ ..__ _...__.__ _..~E!P()r.t tot~~..~yor and Common C().un~~l
Plan Effectiveness and Tax Increment Time Limits Table i-3
San Bernardino Merged Area A
Effectiveness of Plan Last Date to Receive Tax Increment
Project Area Current Proposed Current Proposed
Central City North August 6, 2016 August 6,2026 August 6, 2026 August 6, 2036
Meadowbrook/Central City May 3, 2019 May 3, 2029 May 3, 2029 May 3, 2039
Source: Project Summary Charts - San Bernardino EDA
Pursuant to CRL Section 33333.10, the Common Council must make findings that significant blight remains in
the two Project Areas that cannot be eliminated without extending the effectiveness of the redevelopment
plan and the time limit to receive tax increment. The 10-year amendment would require the Agency to follow
the same procedure required to adopt a new redevelopment project, and adhere to the additional
requirements prescribed by the CRL to complete this particular type of amendment. Significant blight does
not have to be prevalent throughout, though tax increment may only be spent in areas where blighting
conditions are identified or where non-blighted parcels are deemed necessary and essential. This
requirement for spending tax increment generated in the Project Areas in this restricted manner commences
only after the original effectiveness limit has expired.
An important outcome of the 10-year amendment is the requirement that, commencing the first fiscal year
after the amendment is adopted, the Project Areas must deposit a total of 30% (a 10% increase) of the tax
increment revenue received (from the Project Areas) into the Agency's Low and Moderate Income Housing
Fund ("Housing Fund"). The requirement limiting where funds may be spent after the 10-year amendment
does not include expenditures from the Housing Fund.
Additionally, the CRL contains a list of other requirements that must be met for the Agency to extend the
effectiveness and tax increment time limitations for the Central City North and Meadowbrook/Central City
Project Areas. The Common Council must not only make the required findings of blight noted above, but prior
to the Common Council's consideration of the amendment ordinance, the CDC must adopt a resolution that
makes the following findings:
. The community has an adopted housing element certified by the Department of Housing and
Community Development;
. The Agency has not been in major violation of the State Controller's annual reporting for the past
three fiscal years; and
. The Agency has written a request to and received a response from the State Department of
Housing and Community Development stating that the Agency does not have an excess surplus
in its Housing Fund.
PROJECT AREA MERGER
Section 33485 of the CRL states that "Mergers of project areas are desirable as a matter of public policy if
they result in substantial benefit to the public and if they contribute to the revitalization of blighted areas
through the increased economic vitality of those areas and through increased and improved housing
opportunities in or near such areas." Furthermore, Section 33486 of the CRL states that project areas may be
merged, without regard to contiguity of the areas, by the amend me I It of each affected redevelopment plan as
provided in Section 33450 of the CRL. Before adopting the ordinance amending each affected redevelopment
plan, the Common Council must find, based on substantial evidence, that both of the following conditions
exist:
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I~
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
1. Significant blight remains within one of the Project Areas being merged.
2. This blight cannot be eliminated without merging the Project Areas and the receipt of property taxes.
REPORT TO THE LEGISLATIVE BODY CONTENTS
Sections 33333.11 and 33352 of the CRL require the Agency to prepare and the CDC to adopt a report to the
legislative body ("Report") containing specified information at lest 45 days prior to the public hearing on the
Merger and Amendments. This Report satisfies those statutory requirements. A "Preliminary Report" was
previously prepared and transmitted in May 2010 to other taxing agencies in the Project Areas that may be
potentially affected by the Merger and Amendments. In accordance with CRL Section 33333.11(h), this
Report contains all of the information contained in the Preliminary Report and includes the additional
information required by Sections 33333.11 (h)(2)-(5) and 33352. Consistent with CRL Sections 33333.11 (h)
and 33352 this Report contains the following information:
CRL Section
Report Sections Reference Required Contents
A Description of 33333.11 (h)(1) A description of the remaining blight in Merged Area A.
Remaining Blight 33333.11(e)(1-2) A map of Merged Area A that identifies the portion, if
33352(b) any, that is no longer blighted, the portion that is
blighted, and the portion that contains necessary and
essential parcels for the elimination of the remaining
blight. A determination whether Merged Area A is
predominantly urbanized.
B Projects and Programs 33333.11 (h)(1) A description of the projects or programs proposed to
to Eliminate Blight 33333.11 (e )(3-5) eliminate the remaining blight and how they will
33352( a) improve the conditions of blight. The reasons why the
projects or programs cannot be completed without the
Merger and Amendments.
C Method of Financing 33333.11 (h)(1) The proposed method of financing these programs or
33333.11(e)(6) projects. This description shall include the amount of
33352( d)&( e) tax increment revenue that is projected to be
generated during the period of the extension, including
amounts projected to be deposited into the Low and
Moderate Income Housing Fund and amounts to be
paid to affected taxing entities. This description shall
also include sources and amounts of moneys other
than tax increment revenues that are available to
finance these projects or programs. This description
shall also include the reasons that the remaining blight
cannot reasonably be expected to be reversed or
alleviated by private enterprise or governmental action,
or both, without the use of the tax increment revenues
available to the Agency because of the Merger and
Amendments.
D Amended 33333.11(h)(1 ) An amendment to the Agency's implementation plan
Implementation Plan 33333.11 (e )(7) that includes, but is not limited to, the agency's housing
33352(c) responsibilities pursuant to Section 33490. The
amended implementation plan shall describe specific
goals and objectives of the Agency, proposed project
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/4
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
.- ~--- -' .-
and programs, and expenditures over the next five
years. However, the Agency shall not be required to
hold a separate public hearing on the implementation
plan pursuant to subdivision (d) of CRL Section 33490
in addition to the public hearing on the Merger and
Amendments.
E Neighborhood Impact 33333.11 (h)(1) If the project area contains low- or moderate-income
Report 33333.11(e)(8) housing, a neighborhood impact report which
33352(m) describes in detail the impact of the project upon the
residents of the project area and the surrounding
areas, in terms of relocation, traffic circulation,
environmental quality, availability of community
facilities and services, effect on school population and
quality of education, property assessments and taxes,
and other matters affecting the physical and social
quality of the neighborhood. The neighborhood impact
report shall also include the requirements of
paragraphs (1) through (6) of subdivision (m) in
Section 33352.
F Description of Merged 33333.11 (h)(1) A description of each bond sold by the Agency to
Area A Bonds 33333.11 (e )(9) finance or refinance Agency activities in any of the
Project Areas six months before the date of adoption of
the proposed Merger and Amendments, and listing for
each bond the amount of remaining principal, the
annual payments, and the date that the bond will be
paid in full.
G Method of Relocation 33333.11 (h)(1) A method or plan for the relocation of families and
33333.11(e)(8) persons to be temporarily or permanently displaced
33352(m) from housing facilities in the project area, which
method or plan shall include the provision required by
Section 33411.1 that no persons or families of low and
moderate income shall be displaced unless and until
there is a suitable housing unit available and ready for
occupancy by the displaced person or family at rents
comparable to those at the time of their displacement.
H Analysis of Preliminary 33352(g) An analysis of the preliminary plan.
Plan
I Report and 33333.11 (h)(2) The report and recommendations of the planning
Recommendation of the 33352(h) commission.
Planning Commission
J Statement of 333520) The report required by Section 65402 of the
Conformance with Government Code.
General Plan
K Environmental 33333.11 (h)(3) The report required by Section 21151 of the Public
Documentation 33352(k) Resources Code.
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l---S
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
L Report of the County 33352(1) The report of the county fiscal officer as required by
Fiscal Officer Section 33328. The Merger and Amendments do not
alter boundaries of the Project Areas and therefore do
not warrant the report of the county fiscal officer.
M Taxing Agency, PAC, 33333.1 t(h)(4)&(5) A summary of consultations with affected taxing
Residents and 33352(n)&(i) agencies, residents, or community organizations.
Community Response to written objections or concerns from
Organizations residents or community organizations as result of the
Consultations consultations.
MERGER AND AMENDMENT PROCESS
CRL Sections 33450 through 33458 authorize the Agency to recommend amendments to existing
redevelopment plans. if:
1. Documentation prepared by the Agency substantiates the need for the amendment(s);
2. The convening of a joint public hearing of the Common Council and the CDC on the proposed
amendment(s) is held; and
3. Consideration and adoption of an ordinance by the Common Council approving such amendment(s)
is completed.
The Report to Council required by CRL Sections 33333.11(h) and 33352 is one of several documents the
Agency must prepare during the amendment process. The Report's primary purpose is to provide decision
makers with comprehensive information concerning the proposed Merger and Amendments. The Report and
the final text of the Merged Plan will be considered by the CDC and the Common Council at a joint public
hearing tentatively scheduled in October 2010. All Merged Area A property owners, residents, business
owners, and affected taxing entities will receive notice of this public hearing by mail and through the
publication of public notices in a local newspaper.
The Agency has also prepared other key documents in connection with preparation of the Merger and
Amendments. On May 5,2010, a Preliminary Report was prepared and transmitted to the State Department
of Finance, Department of Housing and Community Development. local officials, and affected taxing agencies
providing them an opportunity to study and comment on the proposed Merger and Amendments. Additionally,
the Agency held a community meeting on April 26, 2010 to provide an opportunity for residents and
community organizations to comment on the Preliminary Report and other Merger and Amendments
activities. It should be noted that the Planning Commission recommended approval of the Merger and
Amendments on June 23,2010.
BACKGROUND
ABOUT THE CITY
The City of San Bernardino ("City") was incorporated as a Charter City in 1854 and is home to over 208,000
residents. The City is located in the Inland Empire (Riverside and San Bernardino Counties), approximately
60 miles east of Los Angeles and 55 miles west of Palm Springs. The City encompasses approximately
37,120 acres and is the County Seat of San Bernardino County ("County"). Exhibit i-1 identifies the location
of the City. The City provides a full range of services including police and fire service; construction and
maintenance of streets and other public infrastructure; community development; recreational activities; and
other community service activities.
@RSG
16
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
ABOUT THE AGENCY
The Common Council created the Agency in 1958 with the responsibility of initiating and managing
redevelopment projects and activities within the Project Areas in the City. The Common Council also
established a Community Development Commission ("CDC"), composed of the Common Council Members,
to act as the Board of Directors of the Agency. The City Economic Development Agency ("EDA") oversees
redevelopment activities in the Agency's Project Areas. The EDA is a "classified organization whose mission
is to enhance the quality of life for the citizens of San Bernardino by creating jobs, eliminating physical and
social blight, supporting culture and the arts, and developing a balanced mix of quality housing, along with
attracting and assisting businesses both independent and through public-private partnerships."2
MERGED AREA A
Merged Area A is comprised of the following seven Project Areas: Central City North, Southeast Industrial
Park, Tri-City, South Valle, Meadowbrook/Central City, Central City East, and Central City South. Merged
Area A is generally located east of 1-215 Freeway including downtown San Bernardino. Merged Area A
encompasses approximately 2,390 acres and is depicted in Exhibit i_2.3 The following narrative provides a
detailed description of the Project Areas that comprise Merged Area A.
Merged Central City Projects
Central City Projects is the combination of three Project Areas encompassing 703 acres, which were merged
in 1983. The three Project Areas are the Meadowbrook/Central City ("M/CC"), Central City East ("CCE"), and
Central City South ("CCS") Project Areas. Consolidation occurred to allow for more efficient management of
Agency resources.
Developments in the merged Central City Projects include various administrative offices for federal, state,
county, and city departments. The 55-acre Seccombe Lake Urban Park and the 136-acre National Orange
Show Fairgrounds are both located in the Project Area
Central City North
The Central City North Project Area ("CCN") was adopted on August 6, 1973 and spans 278 acres. Located
east of the 1-215 Freeway near the City's Civic Center, CCN is a mixture of retail, commercial, restaurant,
professional service, and single family residential uses. Since Adoption, senior housing facilities, the City's
main library, a 20-screen multi-plex theater, and the Stater Bros Central City Plaza have been developed.
The California Theater, a qualified national historic building which is home to the Civic Light Opera and the
Inland Empire Symphony, has been renovated through the Agency as well.
Alongside the development of the commercial, arts, and residential uses in CCN, the Project Area now
includes the administrative offices for the City Unified School District, the County Superintendant of Schools,
and the Community College District. The Project Area is also home to the Central Police Facility, which joins
police staff, communications, and jail facilities all under one roof. The Project Area's Superblock also holds
an eleven story consolidated office tower and parking garage for the State Department of Transportation,
CalTrans.
Southeast Industrial Park
The Southeast Industrial Park ("SEIP") was adopted on June 21, 1976 with a total acreage of 834 acres. The
Project Area is located in the southeast quadrant of the City and is divided into a western section and an
eastern section. The western end is devoted primarily to commercial complexes and professional offices,
while the eastern area is zoned for light industrial.
2 San Bernardino Economic Development Agency, "Economic Development Agency., http://www.sbrda.org/
3 Acreage does not include public right-of-way and may vary from acreage (inclusive of public right -of-way) reported in the Agency's
Five Year Implementation Plan.
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18
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
The western section is adjacent to the 1-10 and 1-215 Freeways interchange and offers a restaurant row, a mix
of professional office complexes, a hotel with convention facilities and various motels, retail, commercial, and
light industrial groups. West of the 1-215 Freeway is the San Bernardino Auto Plaza.
The eastern section has both 1-10 Freeway and rail access and is in close proximity to the San Bernardino
International Airport, making it ideal for distribution and manufacturing facilities. Vacant land is available for
development.
Tri-City
The Tri-City Project Area was adopted June 20, 1983 and contains 421 acres. Located in the southeast
section of San Bernardino, the Tri-City Project Area is divided into two areas: Sub-area 1 and Sub-area 2.
Sub-area 1 is located west of Del Rosa Avenue and north of Sixth Street to Baseline. This sub-area is zoned
for residential and is occupied by apartment units on a 12-acre site. The remainder of the land is owned and
marketed by the Agency.
Sub-area 2 is located east of Waterman Avenue, west of Tippecanoe Avenue, and north of the 1-10 Freeway.
This sub-area is highlighted by the Tri-City Corporate Center which is a mix of office, light industrial, retail,
and commercial uses, including a variety of restaurants.
South Valle
The South Valle Project Area was adopted on July 9, 1984 and spans 292 acres. The Project Area is located
south of the 1-10 Freeway within the southern portion of the city limits. South Valle is adjacent to the
commerce center of the Southeast Industrial Park and Sub-area 2 of the Tri-City Project Area.
South Valle is ideal for commercial and light industrial and is within the sphere of two commercial and
industrial centers. The Project Area has rail service through the center with a transcontinental truck terminal
located adjacent to the project at the southwest corner of Hunts Lane and Redlands Boulevard.
@RSG
19
o
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
PROJECT AREAS
SAN BERNARDINO MERGED AREA A
EXHIBIT 1-2
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@8SG
110
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to th~~Mayor and C()mmon Co~~~il
CITY AND AGENCY FINANCIAL CAPACITY
The City has not been immune to the economic and real estate woes of the region and is currently
experiencing economic hardship that requires borrowing from the Agency to cover expenses that cannot be
paid from the City's General Fund. The EDA oversees the use of tax increment revenue generated from the
Agency's Project Areas. The Common Council elected to borrow $1.3 million from the Agency to offset the
$2.7 million General Fund deficit at the August 17, 2009 meeting. As of December 8, 2009, the City is
predicting a General Fund Budget shortfall to be greater than prior estimate of $2.7 million and anticipates a
shortfall of $4.9 million.4 The Director of the EDA, Emil Marzullo believes that "We have a systematic problem
in the city that has been going on for more than a decade. We have to have a way for the city to pay its own
cost without borrowing from the agency:5 The Agency typically covers more than $5.0 million annually in
General Fund costs.
The General Fund shortfall is due to many factors including the downtumed economy. The City predicted a
6% decrease in city-wide assessed valuation between FY 2008-09 and 2009-10, that in reality decreased by
17%.6 This significant drop in assessed valuation has strained the City's capacity to fund projects relying on
the General Fund. The City has also experienced increased losses in both sales tax revenue and business
registration fees. In addition, the State Department of Finance determined a $1.0 million overpayment to the
City in FY 2008-09 that will be adjusted for in FY 2009-10. The City is looking for ways to balance the
General Fund without relying on tax increment revenue generated in the Project Areas to support capital
improvement projects.
Tax increment generated in the Project Areas is also yielding lower amounts than predicted by the Agency
due to decreased assessed valuations. Five of the 14 Project Areas in the City are experiencing budget
shortfalls and limit the financial capacity of both Agency and City capital projects funded by tax increment
revenue. Two of the Project Areas suffering from budget shortfalls include the CCN and Tri-City Project
Areas and are part of the area included in Merged Area A.
The Central City Projects were established over 30 years ago as part of the City's effort to eliminate blight in
the oldest area of the City. The Central City Projects encompass the core of the City's downtown urban area.
Declining building quality has exacerbated decay and economic disparity in the area. Properties that were
once financially viable have become vacant or have been demolished leaving behind vacant properties. In an
effort to mitigate the rapid decline of the area, special legislation codified in Article 14 of the CRL was enacted
in the 1970's to provide a mechanism to address the financial constraints to redeveloping the Central City
Projects. Although the special legislation helped alleviate some of the financial constraints at the time, blight
still persist in the area and additional financial investment to eliminate remaining economic and physical blight
in the area is necessary. Due to extraordinarily high land cost, demolition and remediation cost,
redevelopment of the Central City Projects has been impaired. As a result, development opportunities have
shifted from the downtown area to the SEIP and Tri-City Project Areas, further exacerbating decline in the
downtown area. The Merger and Amendments are needed to provide financial stability and to eliminate
remaining blight throughout Merged Area A.
4 Heather Gray, City of San Bernardino Office of the City Manager, "City of San Bernardino combats higher than expected Budget
Shortfall, December 8, 2009.
5 Chris Richard, "Financial subsidies spell trouble in San Bernardino's government", The Press Enterprise, August 24, 2009.
6 Heather Gray, City of San Bernardino Office of the City Manager, "City of San Bernardino Experiences Budget Shortfall, November 18,
2009.
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111
m_l:>~~_~~~j:>!i()!'~!~~~~~r1!-~~-~~~!-- ------------
SECTION A: DESCRIPTION OF REMAINING BLIGHT
OVERVIEW
Pursuant to CRL Sections 33354.6, 33333.10, and 33486, findings of significant remaining blight in
Merged Area A must be made to complete the Merger and Amendments. This Section of the Report
details the remaining blight in Merged Area A, including a map of Merged Area A that identifies the
portion, if any, that is no longer blighted, the portion that is blighted, and the portion that contains
necessary and essential parcels for the elimination of the remaining blight. This Section of the Report
also makes a determination as to whether Merged Area A is predominantly urbanized.
MERGED AREA A DEMOGRAPHICS
The demographic profile of Merged Area A illustrates the socio-economic conditions that help support the
need for the Merger and Amendments to generate additional capital that can be reinvested into the
community. As this Section documents, a significantly higher poverty rate, lower household median
income, and lower educational attainment in Merged Area A indicate that the financial capacity of
residents in the Project Areas is significantly limited, particularly when compared to the entire City and
County. Thus, the ability to maintain and invest in property improvement is impacted. In addition to the
restricted financial capabilities of residents, demographic data shows that only 14.3% of homes located in
Merged Area A are owner occupied, compared to 45% for the City and 55.6% for the County.7 Owner
occupied units are typically better maintained than rental units. According to the California Building
Industry Association, "Homeowners work to maintain the value of their investment, which translates into a
greater concern for neighborhoods and surrounding communities. When citizens become homeowners,
they become stakeholders as well. By increasing the number of stakeholders, communities not only
enjoy increased stability, but also benefit from a new spirit of revitalization:8 Furthermore, absentee
landlords often evaluate the success of their investment based on annual net operating income which
results in less focus on and investment in the long-term maintenance and future livability of their
properties. In an area where residents earn significantly less than the rest of the City and where the
majority of residents live in renter occupied homes, the cost of maintenance and repairs is difficult to
overcome. Limited financial resources and a low percentage of owner occupied units reflect the need for
continued financial assistance to successfully redevelop Merged Area A.
POPULATION, HOUSEHOLDS, AND HOUSEHOLD MEDIAN INCOME
Table A-1 depicts the 2009 population, number of households, and the household median income for
Merged Area A, each of the Project Areas, the City, and the County. The median household income in
Merged Area A of $19,962 is only 52% of the City's and 37% of the County's median household income.
7 Based on demographic data provided by ESRI Business Analyst, 2009
8 Alan Nevin, "Homeowners hip in California," California Building Industry Association, September 9, 2008,
http://www.cbia.org/go/cbia/publications/.
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I 12
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
_.________ _.____n._~Cp()~!!9 _ !_h_c:_.0~.a Y9.r__a ~~~?_~~on_s:~un~~
Population and Household Demographics Table A-1
San Bernardino Merged Area A
2009 Total 2009 Total 2009 Median Area
Area Acres Population Households Household Income
County 12,833,600 2,059,757 613,854 $53,848
City 37,120 208,335 60,536 $38,445
Merged Area A 2,390 7,204 2,459 $19,962
CCE 173 1,594 445 $18,276
MICC 93 560 292 $9,898
CCN 141 2,025 702 $16,339
GCS 437 248 85 $33,126
SEIP 834 402 105 $46,651
South Valle 292 1,741 650 $24,067
Tri-City 421 634 180 $27,541
Source: ESRI Business Analyst Online and U. S. Census Bureau
POVERTY lEVELS AND UNEMPLOYMENT RATES
Table A-2 presents the poverty levels and unemployment rates in Merged Area A, the City, and the
County. Merged Area A has a poverty rate that is 63% higher than that of the City, and 184% higher than
that of the County. Over 38% of the households in Merged Area A live at or below the poverty level,
compared to 23.5% in the City and 13.5% in the County. Unemployment rates in Merged Area A are also
much higher than in the City or the County; 22.5% of Merged Area A residents are unemployed,
compared to 19.4% in the City, and 15.7% in the County. Though data for Merged Area A is not
available, 38.3% of City residents receive some form of financial public assistance, including food stamps,
CaIWORKS, and MediCal. This assistance is valued at more than $450 million per year.
Unemployment and Poverty Rates Table A-2
San Bernardino Merged Area A
2009 Civilian Percent Below
Area Unemployed Poverty level
County 15.7% 13.5%
City 19.4% 23.5%
Merged Area A 22.5% 38.4%
GCE 20.9% 48.4%
MICC 34.0% 67.3%
CCN 30.1% 31.7%
CCS 16.9% 27.4%
SEIP 13.2% 19.8%
South Valle 14.3% 35.3%
Tri-City 27.8% 37.0%
Source: ESRI Business Analyst Online
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f13
9 "Making Cities Stronger: Public Library Contributions to Local Economic Development," Urban Libraries Council, 9 September
2008, http://www.urbanlibraries.org/ filesimaking_ cities_ stronger. pdt.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
EDUCATION
Educational attainment is an indicator of potential future household earnings and thus the ability to invest
in maintenance and improvement of real estate. Lower educational attainment of residents in Merged
Area A may be related to lower household incomes. Without adequate education, skills training, and
English literacy, most higher-paying jobs are unattainable. Individuals without at least English literacy
and a high school equcation or proper skills training often have no alternative but to accept lower-paying
service work, or remain unemployed. According to a report completed by the Urban Libraries Council,
"researchers in the field of economics are beginning to identify child development investments as the
most cost effective strategies for long-term economic development...9 By providing children with a strong
educational foundation through investment in early childhood development, there is greater long-term
return on earning potential.
Table A-3 shows the level of educational attainment for persons 25 years of age or over in Merged Area
A, the City, and the County. The percent of persons over the age of 25 without a high school diploma is
44.1 % in Merged Area A, compared to 35.1 % in the City and 25.8% in the County. The percentage of
persons over the age of 25 with at least a college degree is also lower in Merged Area A (9.4%) than the
City (11.6%) and the County (15.9%). These statistics relate directly to higher unemployment rates and
lower household income levels in Merged Area A as previously discussed. These conditions combine to
create an environment where investment in building maintenance is difficult to achieve.
Educational Attainment (25 years of age and over) Table A-3
San Bernardino Merged Area A
No High School Bachelor's Degree
Area Degree High School Degree or Higher
City 35.1% 53.3% 11.6%
County 25.8% 58.3% 15.9%
Merged Area A 44.1% 46.5% 9.4%
CCE 57.4% 40.9% 1.7%
MlCC 62.1% 36.7% 1.2%
CCN 50.5% 46.0% 3.5%
CCS 61.1% 36.2% 2.7%
SEIP 46.0% 48.9% 5.1%
South Valle 19.2% 51.7% 29.1%
Tri-City 57.1% 37.3% 5.6%
Source: ESRI Business Analyst Online
114
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
DEFINITION OF BLIGHT
CRL Sections 33030 through 33039 describe the conditions that constitute blight in a redevelopment
project area. A blighted area is one that necessitates the creation of a redevelopment project area
because the combination of conditions in an area constitute a burden on the community, and cannot be
alleviated by private enterprise, governmental action, or both, without redevelopment. The purpose of a
redevelopment project area is to remedy blighting conditions and the CRL recognizes that less blight will
remain in a redevelopment project area as time progresses. The ordinance adopting the Merger and
Amendments must contain findings that both (1) significant blight remains within Merged Area A and (2)
the blight cannot be eliminated without the adoption of the Merged Plan. For the purpose of this Section,
the definition of "significant" is assumed to be "of a noticeably or measurably large amountn10 and/or
"important and of a magnitude to warrant Agency assistance.,,11
CRL Section 33030 defines a blighted area as one that contains both of the following:
1. An area that is predominantly urbanized and is an area in which the combination of
physical and economic blighting conditions is so prevalent and so substantial that it
causes a reduction of, or lack of, proper utilization of the area to such an extent that it
constitutes a serious physical and economic burden on the community that cannot
reasonably be expected to be reversed or alleviated by private enterprise or
governmental action, or both, without redevelopment.
2. An area characterized by one or more physical condition of blight and one or more
economic condition of blight as set forth in subdivisions (a) and (b) of CRL Section
33031.
A blighted area that meets the conditions above can also be characterized by the existence of inadequate
public improvements. CRL Sections 33035 and 33036 contain legislative findings and declarations that
explain the effect that blighted areas have on project area inhabitants and property owners. Blighted
areas create physical and economic liabilities to the community that require redevelopment in order to
protect the health, safety, and general welfare of the public. Blighted areas are a menace to the
community and disproportionately impact community resources such as police and fire services.
Remedying blighting conditions in a community using redevelopment tools benefits not only a project area
but the entire community.
10 "Significant" Merriam-Webster's Collegiate Dictionary. 10th ed. 1998.
11 Definition per CRL Section 33333.10(c)(2)
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115
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
-. - --
URBANIZATION
The City was established in 1854 and is one of the oldest communities in the State of California. As of
2006, the City was the 18th largest city in California, and the 101 st largest city in the United States.12 The
City is largely urbanized and is part of the greater Inland Empire Metropolitan Area.
Pursuant to CRL Section 33320.1 (d), the requirement for Merged Area A to be predominantly urbanized
applies to redevelopment plans adopted (or amendments adding territory) after January 1, 1984. Out of
the seven Project Areas, six were adopted prior to January 1, 1984. The South Valle Project Area was
adopted after January 1, 1984 and satisfied urbanization requirements at the time of adoption. The
Merger and Amendments do not propose to add new territory so there is no requirement to make
additional urbanization findings.
To qualify for inclusion in a project area, the area must be "predominantly urbanized" as defined by CRL
Section 33320.1(b). The "predominantly urbanized" requirement is met if no less than 80 percent of the
land within the project area:
. Has been or is developed for urban uses; or
. Is an integral part of one or more areas developed for urban uses, which are surrounded or
substantially surrounded by parcels, which have been or are developed for urban uses.
While the CRL specifies the percentage of an area that must be urbanized to qualify for redevelopment, it
does not define "urbanized." Several California courts 13 have reviewed the concept of urbanization and
their opinions are instructive in guiding the determination as to whether an area is predominantly
urbanized. First, when analyzing urbanization, it is necessary to look at the factors of the land use and
zoning, as well as the characteristics of the surrounding uses. Characteristics to be considered include
density, surrounding development, existence of public facilities, parcel size, and availability of public
transit, among other things. Second, because land is vacant does not mean it is not urbanized. Likewise,
because land has improvements does not mean it is urbanized. Again, it is important to look to the
characteristics of the area. Some vacant land is categorized as an integral part of the urban area. In
determining whether a vacant property is an integral part of the urban area, vacant properties with at least
three sides adjacent to urban development are included.
The Report includes a description of Merged Area A sufficient to determine that the area is predominantly
urbanized. Although no area is being added by the Merger and Amendments, the following responds to
the requirements of CRL Section 33344.5(c)(1 )-(6):
. Merged Area A includes 2,390 acres.
. Merged Area A does not include any acres characterized by the conditions described in
paragraph (4) of subdivision (a) of CRL Section 33031 for the purpose of determining
urbanization.
. Merged Area A does not include any land in agricultural use (as defined by Government Code
Section 51201(b)).
. Merged Area A includes 462 acres of vacant land. However, these vacant parcels are spread
throughout Merged Area A, are surrounded by parcels developed with urban uses, and are
therefore are an integral part of an area developed for urban uses.
12 Table 1: Annual Estimates of the Population for Incorporated Places Over 100,000, Ranked by July 1, 2006 Population: April 1 ,
2000 to July 1, 2006" (CSV). 2005 Population Estimates. United States Census Bureau, Population Division. 2007-06-28.
http://www.census.gov/popesVcities/tables/SUB-EST2006-01.csv. Retrieved 2007-06-28. See also: List of United States cities by
population
13 County of Riverside v. City of Murrieta (Cal. App. 4th Dist. 1998); Friends of Mammoth v. Town of Mammoth (Cal. App. 3rd Dist.
2000); Graber v. City of Upland (Cal. App. 4th Dist. 2002).
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116""
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- -
· Approximately 80.6% of the area in Merged Area A is developed with urban uses, and the vacant
parcels (comprising 19.4% of the total area of the Merged Area A) are an integral part of an are?!
developed for urban uses.
Table A-4 provides a summary, by the seven Project Areas, of the land that is currently developed with
urban uses and the vacant land in Merged Area A. It indicates that 1,928 acres, or 80.6%, of the total
2,390 acres that constitute Merged Area A have been or are developed for urban uses; the vacant areas
are an integral part of an urbanized area. Merged Area A meets the current "predominantly urbanized"
requirement of the CRL.
Project Area A Urbanization Analysis Table A-4
City of San Bernardino Redevelopment Agency
Developed
Project Area Total Acreage Vacant Land Land
CCE 173 22 150
M/CC 93 7 86
CCN 141 15 126
CCS 437 120 317
SEIP 834 185 649
South Valle 292 31 261
Tri-City 421 81 340
Merged Area A 2,390 462 1,928
Source: Metroscan
Maps of Merged Area A, presented in Exhibits A-1, A-2, and A-3, illustrate the portions of Merged Area A
that are developed and the portions that remain vacant. They also illustrate that the vacant parcels are
surrounded by urban uses.
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117
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@RSG
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
URBANIZED PARCELS
SAN BERNARDINO MERGED AREA A
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and (ommon Council
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
PHYSICAL BLIGHT AND ECONOMIC BLIGHT
Section 33031(a) of the CRL describes the conditions that cause blight as follows:
Physical Blight Defined .,.
Section 33031(a) of the CRL describes
physical conditions that cause blight as
follows:
1 . Buildings in which it is unsafe or
unhealthy for persons to live or work.
These conditions may be caused by:
a. Serious Building Code violations
b. Serious dilapidation and
deterioration caused by long-term
neglect
c. Construction that is vulnerable to
serious damage from seismic or
geologic hazards
d. Buildings suffering from faulty or
inadequate water or sewer utilities
2. Conditions that prevent or substantially
hinder the viable use or capacity of
buildings or lots. These conditions may
be caused by:
a. Buildings of substandard, defective,
or obsolete design, or construction
given the present general plan,
zoning, or other development
standards
3. Adjacent or nearby incompatible land
uses that prevent the development of
those parcels or other portions of the
project area.
4. The existence of subdivided lots that are
in multiple ownership and whose
physical development has been
impaired by their irregular shapes and
inadequate sizes, given present general
plan and zoning standards and present
market conditions.
@RSG
Economic Blight Defined ".
Section 33031 (b) of the CRL describes
economic conditions that cause blight in the
following manner:
1. Depreciated or stagnant property
values.
2. Impaired property values, due in
significant part, to hazardous wastes on
property where the agency may be
eligible to use its authority as specified
in Article 12.5 (commencing with Section
33459).
3. Abnormally
a. High business vacancies
b. Low lease rates
c. High number of abandoned
buildings
4. A serious lack of necessary commercial
facilities that are normally found in
neighborhoods, including grocery stores,
drug stores, and banks and other
lending institutions.
5. Serious residential overcrowding that
has resulted in significant public health
or safety problems. As used in this
paragraph "overcrowding" means
exceeding the standard referenced in
Article 5 (commencing with Section 32)
of Chapter 1 of Title 25 of the California
Code of Regulations.
6. An excess of bars, liquor stores, or
adult-oriented businesses that has
resulted in significant public health,
safety, or welfare problems.
7. A high crime rate that constitutes a
serious threat to the public safety and
welfare.
121
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
BLIGHT STUDY APPROACH AND METHODOLOGY
RSG team members conducted a parcel-by-parcel survey from the public right-of-way ("Field Survey") on
September 29 - 30, 2009.14 RSG prepared a survey instrument that provides an electronic survey sheet for
each parcel within Merged Area A. Each parcel was identified by the County Assessor's Parcel Number that
could be associated with the County's Assessor Maps and information. The survey sheet was designed to
provide basic physical and economic information that could be derived by field inspection of Merged Area A
and to record information related to the blighting conditions as defined in the CRL. The form includes six
sections: (1) Deterioration and Dilapidation; (2) Defective Design; (3) Substandard Design; (4) Use; (5)
Vacancy; and (6) Photos. Each section allows the surveyor to record the existence of a particular condition,
and to make field notes.
The Deterioration and Dilapidation section is designed to note such conditions as: faulty weather
protection; broken windows or doors; broken or deteriorated roofing materials, eaves, overhangs, or exterior
building materials; damaged or missing foundations; doors or windows that are out of alignment; sagging, split
or buckled roof support structure; split, leaning or buckled wall supports or columns; broken or deteriorated
chimneys; and substandard exterior plumbing.
The Defective Design section is designed to note such conditions as: inadequate pedestrian access,
inadequate vehicular access; substandard exterior building materials; poorly constructed building additions;
and a lack of natural light and ventilation.
The Substandard Design section is designed to note such conditions as: inadequate loading facilities;
excessive lot coverage or inadequate setbacks; garbage, debris, stagnant water, or combustible materials;
outdoor storage or production; inadequate or lack of parking.
The Use section is designed to note if the use is an adult-business; if the use is incompatible with the
surrounding uses; if the use appears to be a converted living space; and if the use is boarded up or
uninhabited.
The Vacancy section allows the surveyor to note vacant buildings and/or leasing information.
The Photos section allows the photo number to be noted.
Two Field Survey teams, each consisting of three team members with specific tasks, completed the Field
Survey. The two teams combined consisted of one Associate (5+ years of experience in redevelopment and
planning), two Senior Analysts (3+ years of experience), and three Analysts (2+ years of experience). Each
team member had prior experience in conducting field surveys and all team members received training before
commencing the survey. The purpose of the training was to review the specific forms, to provide examples of
the types and degree of conditions that warranted recording information on the survey form. The definitions
of each condition were explained and discussed and examples were reviewed to assure that each member
understood the particular category. One RSG Principal (30+ years of experience) managed the survey team
and was available to answer any questions. The teams slowly drove through Merged Area A to adequately
assess parcel conditions and stopped at parcels that needed closer examination or to photograph conditions.
The teams also drove down alleys, when accessible, to survey the rear of buildings. During the survey, each
team member was assigned a particular task. One member drove the vehicle and called out specific
conditions they observed while another team member recorded information on the survey sheet and noted
particular conditions. The third member verified the parcel location using GIS and parcel maps, took
photographs, and also called out their observations. Thus, three members per team jointly made the
determination of what conditions existed and to what extent. Additionally, RSG staff was accompanied by
Agency staff familiar with Merged Area A.
During the Field Survey, each parcel was evaluated to determine the presence of serious dilapidation or
deterioration by examining building components (roof, chimney, eaves and overhangs, plumbing, exterior
14 The consulting finn retained for the Merger and Amendments is Rosenow Spevacek Group, Inc. (URSG"). RSG is a redevelopment
consulting finn that has been in business for over 30 years, and has worked with the Agency for nearly 20 years.
@RSG
f22
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
..~._. _ ... .______.. _._. _. n
building materials, walls, foundation, windows, doors, weather protection, and wiring). Survey forms were
noted if one of these components was present and appeared to cause the structure or lot to be significantly
deteriorated. Buildings whose structural components did not appear to have any visible signs of deterioration
or showed only the beginning phases of deferred maintenance were not recorded. Buildings that were
moderately or extensively in need of rehabilitation or were significantly dilapidated were noted on the survey
forms if the building condition appeared to pose a threat to safety or health. Such structures exhibited signs
of long term neglect and repairs. These conditions included: sagging roofs, broken or missing windows, holes
in stucco, deteriorated external building materials, exposed wiring, inadequate weather protection, roofing
with missing tiles or cracked surfaces, and deteriorated door or window frames. No information was recorded
if only deferred maintenance or minor repairs were needed; such as peeling paint that did not jeopardize the
buildings weather protection, broken windows in otherwise kept-up buildings, or scratches or imperfection on
exterior building materials that did not compromise the integrity of the structure.
Factors that show evidence of defective or obsolete design were collected, such as inadequate circulation,
parking, access, loading facilities, and storage of materials and garbage. Information on vacant space within
buildings was noted to assist in examining Merged Area A market conditions. Names and contact information
for properties with "for lease" or "for sale" signs were noted as references to gain insight from market area
brokers and real estate professionals.
OTHER PHYSICAL AND ECONOMIC RESEARCH
The CRL definition of blight includes a number of factors that either cannot be observed from the street, or
cannot be quantified based on a single parcel. To assess the presence of these other factors, RSG
researched other data sources. These include: Assessor parcel information (age, size, land use, value, sale
dates, etc.); code enforcement records; DataQuick information (home values and sales); environmental
databases of the Department of Toxic Control Substance, State Water Resources Control Board, and US
Environmental Protection Agency; CoStar Market Reports (lease rates and vacancy rates); ESRI Business
Analyst Reports (demographic and market data); FBI and City crime data; and US Census data.
MERGED AREA A PHYSICAL AND ECONOMIC BLIGHT CONDITIONS
The Field Survey was undertaken to evaluate the condition of structures and parcels, document the
occurrence of vacant buildings. and locate inadequately sized lots in Merged Area A. The focus was to
identify conditions that pose a health and safety threat to occupants or visitors. The Field Survey generated
parcel information (2,624 parcels) in Merged Area A, covering the entire 2,390 acres of Merged Area A.
RSG used the Field Survey to obtain a broad-spectrum understanding of the blighting conditions present in
Merged Area A. Additional research and investigation beyond the Field Survey were also undertaken and a
detailed description of both physical and economic blighting conditions found from all sources is provided
throughout this Section. When possible, blighting conditions were mapped to illustrate the location and
severity of a particular condition. These maps are located throughout the text of this Report. The location of
physical and economic blighting conditions in Merged Area A is presented in Exhibits A-4, A-5, and A-6.
Photos and descriptions of the blighting conditions observed during the field survey are presented throughout
this Section. Additional photos of blighting conditions may be found in Appendix 1.
@RSG
f23
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@RSG
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
BLIGHTED PARCELS
EXHIBIT A-4
SAN BERNARDINO MERGED AREA A
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24
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
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SAN BERNARDINO MERGED AREA A
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
The remainder of this Section of the Report provides a detailed analysis and discussion of the physical
and economic conditions of blight remaining in Merged Area A. Below is a summary of the physical and
economic blighting conditions that affect Merged Area A:
. A total of 296 serious code violation occurred in Merged Area A since July 1, 2008. The most
prevalent types of serious code violation in Merged Area A are trash, debris, and storage (35%)
and condition of structures (27%).
. As of January 9,2010,53% of serious code violations occurring since July 1, 2008 remain open
in Merged Area. This is much higher when compared to the rest of the city of which only 38% of
violations remain open.
. There are 15% more unmitigated serious violations per parcel in Merged Area A than in the rest
of the city.
. The Field Survey identified 148 parcels, or 8% of developed parcels, that were seriously
dilapidated and deteriorated in Merged Area A. The South Valle Project Area is the most
severely impacted by dilapidated and deteriorated structures (23% of the parcels).
. Approximately 24% of all structures in Merged Area A are 40 or more years old. Of those 19%,
were found to be seriously dilapidated and deteriorated.
. The number of sewer line complaints has been increasing since 2005.
. There are six locations in Merged Area A that are in low pressure zones, where existing
infrastructure is deficient for the purpose of providing emergency water in the event of a fire.
. By 2020, water capacity demand in Merged Area A will be 45% more than the current
infrastructure capacity.
. There are 22 buildings in Merged Area A that are unreinforced masonry buildings that are
susceptible to earthquakes.
. At least 33 buildings in Merged Area A require liquefaction reports and mitigation measures.
. Currently in Merged Area A, 22% of residential parcels, 18% of commercial parcels, and 34% of
residential parcels do not meet minimum lot size requirements. In total, 479 lots (22%) in Merged
Area A parcels do not meet minimum lot size requirements.
. Out of the 479 lots that do not meet minimum lot size requirements, 231 (48%) are in multiple
ownership. Of the 269 inadequately sized commercially zoned parcels in Merged Area A, 107
(40%) are in multiple ownership. Similarly, 58 (44%) of the 131 inadequately sized industrially
zoned parcels, and 66 (68%) of the 97 inadequately sized residentially zoned parcels are in
multiple ownership.
. The northeast portion of the Tri-City Project Area is not currently served by sewer utilities.
. Commercial retail sale prices have decreased by 28% since 2005 and are sold for $27.44 per
square foot less than the City's average sale price. The CCS Project Area has been the hardest
hit by declining sale prices and experienced a 16% decrease between 2007 and 2008.
. Commercial office sale prices have remained stagnant from 2005 sale prices decreasing in value
by 1%.
. Industrial property sales dropped by 13% between 2007 and 2008 and dropped an additional
48% in 2009.
.
Merged Area A has suffered a 62% decline in median home sale price from 2005 to 2009.
@RSG
f27
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- - ~
. Merged Area A office lease rates are 36% less than surrounding areas. Office vacancy rates for
the City, inclusive of Merged Area A, are 35.6% higher than surrounding areas.
. Merged Area A industrial lease rates are greater than surrounding areas, but industrial buildings
have a 36.1 % vacancy rate as a result.
. Merged Area A retail lease rates are $.21 to $.49 less than surrounding areas.
. Merged Area A contains 66.91 % of all active and 49.43% of all inactive hazardous waste sites in
the City. Merged Area A also contains two of the City's eleven superfund sites.
. Within Merged Area A, there are a total of 35 active liquor licenses, or 4.9 liquor licenses per
1,000 residents, compared to a total of 346 liquor licenses, 1.72 per 1,000 residents, in the rest of
the City. Merged Area A also received a greater number of Alcoholic Beverage Control violations
per persons in 2009 than the City.
. Merged Area A has a crime rate that is 309% greater than the rest of the City. Of the 9,267 Part
1 Crimes 15 committed in the City, 12.9% of them occurred in Merged Area A.
PHYSICAL BLIGHT IN MERGED AREA A
CRL Section 33031 (a) describes the physical conditions that cause blight. These physical conditions are
assessed in terms of their impact on the health and safety of persons in the area and the economic
viability of development in the area. In order to assess physical blight in Merged Area A, data from the
Field Survey, MetroScan and GIS parcel data, the City's Code Enforcement Division, the City of San
Bernardino Municipal Code ("Municipal Code"), and other resources were collected and analyzed to
determine what conditions may be adversely affecting the health and safety of persons in Merged Area A,
as well as the adverse economic conditions that result from physically deteriorating structures. Generally,
as economic conditions decline there is a corresponding lack of investment in physical maintenance of
properties, which further perpetuates physical blight. The location of physical blighting conditions present
in Merged Area A is presented in Exhibits A-7 and A-B.
The presence of these conditions reflects a lack of investment by property owners, who do not or cannot
maintain their properties in a condition that assures the safety of persons who live and work in the area.
Physical blighting conditions propagate further decline of an area and deter economic development
activities by private investors. CRL Section 33036(a) declares that conditions of blight further perpetuate
obsolescence, deterioration, and disuse of a property because they create a lack of incentive for
landowners to reinvest in their properties while the conditions of neighboring properties go unchanged.
15 Part 1 Crimes include aggravated assault, burglary, criminal homicide, forcible rape, robbery, theft, and vehicle theft.
@RSG
128
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
PHYSICAL BLIGHT. NORTHERN PORTION
SAN BERNARDINO MERGED AREA A
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
..' .-
Unsafe and Unhealthy Buildings
Pursuant to the CRL, the condition of buildings in which it is unsafe or unhealthy for persons to live or work
may be caused by serious dilapidation and deterioration brought about by neglect, serious building code
violations, construction that may be vulnerable to damage from seismic or geologic hazards, and faulty and/or
inadequate water and sewer utilities.
Code Violations
Pursuant to CRL Section 33031 (a), serious violations of local or state codes are a cause of unsafe and
unhealthy buildings for persons to live or work. Buildings and structures that do not meet current uniform
building requirements, or other locally mandated codes ensuring human health and safety, pose a threat to
the workers, patrons, and residents of an area. Code violations, whether building code violations or other
municipal code violations, can pose a threat to the safety and welfare of the community and are indicative of
physical blight in an area.
The City of San Bernardino Code Enforcement Department ("Code Department") inspects buildings and
properties to determine whether the property's physical and environmental conditions conform to the City's
Municipal Code ("Code"). The purpose of the Code is to provide minimum standards to safeguard life or limb,
health, property and public welfare by regulating and controlling the design, construction, quality or materials.
use and occupancy, location and maintenance of all buildings and structures within the city.16 Generally, the
code enforcement system is complaint based, meaning that code enforcement officers respond to code
compliance complaints rather than proactively seeking code violations. While regular patrols are not
scheduled, officers will initiate new cases for obvious offending properties as they travel to other inspections.
Upon receipt of a complaint, a code enforcement officer will make a site visit to determine if a violation exists.
If a violation exists. the property owner or responsible party will receive a violation notice and must correct the
problem within a specified time period. The period varies with the type of violation cited. Failure to correct the
problem results in remedial or punitive action. As is the case with many jurisdictions, code enforcement
officers respond to complaints and issue citations only when the violation is significant enough to pose a
threat to public welfare. Additionally, the Code Department's Rental Inspection Program requires that every
single- or multi-family rental property in the city be inspected at least once a year to ensure tenants and
landlords of residential rental properties comply and maintain with applicable city codes and laws. The Code
Department estimated that thirty percent (30%) of single family homes in the city are rental properties and
account for a disproportionately high percentage of neighborhood code violations diverting staff time and
negatively impacting surrounding properties.
The Agency provided RSG with a list of code violations observed by code enforcement officers throughout the
city from July 1, 2008 through January 9, 2010. The Code Department has defined over 120 classifications of
violations, ranging from improper placement of trash receptacles to structures that are unfit for human
occupancy. Of these, 60 classifications of violations pose a threat to the safety and welfare to the community
and are considered serious violations pursuant to the CRL definition of blight. Violations that merely caused
an eyesore or inconvenience (e.g. animals, construction hours, nuisance, shopping carts, tree cutting) were
not included as serious violations posing a threat to safety and welfare. A complete listing of all Code
Department violation classifications can be found in Appendix 2. Merged Area A contains 32 serious violation
classifications which are described in Table A-5.
16 San Bernardino Municipal Code Section 15.04.015 (2009)
@RSG
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- --
Descriptions of Code Violations That Affect Health and Safety Table A-5
San Bernardino Merged Area A
Violation Types Description
Abandoned Building Buildings which are abandoned, partially destroyed, or permitted to
remain unreasonably in a state of partial construction.
Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to
become (i) an attractive nuisance to children; (ii) a harbor for vagrants,
criminals or immoral persons; or as to (iii) enable persons to resort
Attractive Nuisance thereto for the purpose of committing unlawful or immoral acts. -
Immediately board all openings leading into the property according to
Federal Housing Administration Board-Up Standards. The property
owner shall immediately secure the property to prevent injury, obtain
permits to rehabilitate or demolish the structure( s) and make all
necessary corrections.
All improvements on the property, including, but not limited to buildings,
garages, carports, porches, gates, fences, doors, windows, roofs,
Condition of Structures gutters, signs, permanent or temporary structures, stairs, handrails,
retaining walls and trash enclosures shall be painted I preserved and
maintained in good repair and condition. Paint or preservatives shall not
be worn, peeling or cracking.
Dampness of Habitable Room Dampness of habitable rooms.
Defective or Lack of Weather Defective or lack of weather protection for exterior wall coverings,
Protection including lack of paint, or weathering due to lack of paint or other
approved protective covering.
Deteriorated, Crumbling, or Deteriorated, crumbling or loose plaster.
Loose Plaster
The minimum net clear opening height dimension shall be 24 inches
Egress Windows Minimum (610 mm). The minimum net clear opening width dimension shall be 20
Dimensions inches (508 mm). The net clear opening dimensions shall be the result of
normal operation of the opening.
General Dilapidation or General dilapidation or improper maintenance.
Improper Maintenance
Electrical wiring which was installed in violation of code requirements in
effect at the time of installation, or electrical wiring not installed in
Hazardous Electrical Wiring accordance with generally accepted construction practices in areas
where no codes were in effect or which has not been maintained in good
condition, or which is not being used in a safe manner shall be
considered substandard.
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Hazardous Mechanical
Equipment
Hazardous or Insanitary
Premises
Hazardous Plumbing
Illegal Use I Occupancy
Incomplete Demo I
Abandoned Structure
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
,........-..- ._-, ...
Mechanical equipment which was installed in violation of code
requirements in effect at the time of installation, or mechanical
equipment not installed in accordance with generally accepted
construction practices in areas where no codes were in effect, or which
has not been maintained in good and safe condition, shall be considered
substandard. - The property owner shall take immediate action to correct
the substandard condition.
The accumulation of weeds, vegetation, junk, dead organic matter,
debris, garbage, offal, rat harborages, stagnant water, combustible
materials and similar materials or conditions on a premises constitutes
fire, health or safety hazards which shall be abated in accordance with
the procedures specified in Chapter 11 of this code.
Plumbing which was installed in violation of code requirements in effect
at the time of installation or plumbing not installed in accordance with
generally accepted construction practices in areas where no codes were
in effect, or which has not been maintained in good condition, or which is
not free of cross-connections or siphonage between fixtures shall be
considered substandard. - The property owner shall take immediate
action to correct the substandard condition. If necessary, the property
owner shall obtain permits to rehabilitate the structure(s) and make all
necessary corrections.
No building or structure shall be used or occupied, and no change in the
existing occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a certificate of
occupancy therefore as provided herein. Issuance of a certificate of
occupancy shall not be construed as an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction.
Whenever any portion of a building or structure remains on a site after
the demolition or destruction of the building or structure, or whenever
any building or structure is abandoned for a period in excess of six
months so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public.
/33
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Except for those buildings or portions thereof which have been provided
with adequate exit facilities conforming to the provisions of this code,
buildings or portions thereof whose exit facilities were installed in
violation of code requirements in effect at the time of their construction or
whose exit facilities have not been increased in number or width in
relation to any increase in occupant load due to alterations, additions or
Insufficient Exits change in use or occupancy subsequent to the time of construction shall
be considered substandard. Notwithstanding compliance with code
requirements in effect at the time of their construction, buildings or
portions thereof shall be considered substandard when the building
official finds that an unsafe condition exists through an improper location
of exits, a lack of an adequate number or width of exits, or when other
conditions exist that are dangerous to human life.
Insufficient Roof / Ceiling or Members of ceilings, roofs, ceilings and roof supports, or other horizontal
Their Supports members that are of insufficient size to carry imposed loads with safety.
Lack of adequate heating facilities. - Dwelling units are required to have
heating facilities capable of maintaining 70 degrees Fahrenheit at a point
three feet above the floor in all habitable rooms. The property owner
Lack of Heat must repair or replace the existing heating facilities to meet code
requirements. Failure to do so within 72 hours from the date of this
notice may result in the removal of the occupants. The property owner
shall take immediate action to correct the substandard condition.
Lack of hot and cold running water to plumbing fixtures in a dwelling unit
Lack of Hot & Cold Water- or lodging house. - Water service is required in all occupied units for
Home dwelling/residential purposes. Failure to restore water service within 72
hours from the date of this notice may result in the removal of the
occupants.
Lack of Minimum Ventilation Lack of minimum amount of natural light and ventilation required by this
code.
Lack of Required Electrical Lack of required electrical lighting.
LiQhtinQ
Lack of /Improper Bathroom Lack of, or improper water closet, lavatory, bathtub or shower in a
dwelling unit or lodging house. - The property owner shall take
Fixtures - Home immediate action to correct the substandard condition.
Lack of /Improper Kitchen Lack of or improper kitchen sink in a dwelling unit. - The property owner
Sink in a Dwelling shall take immediate action to correct the substandard condition.
Lack of /Improper Required Lack of improper operation of required ventilating equipment.
VentilatinQ Equipment
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Maintenance of Structures
Property Maintenance
Public Nuisance
Rodent and Vermin Control
Structural Damage
Trash, Debris, and Improper
Storage
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Buildings and structures, and parts thereof, shall be deemed in a safe
and sanitary condition. Devices or safeguards which are required by this
code shall be maintained in conformance with the code edition under
which installed. The owner or the owner's designated agent shall be
responsible for the maintenance of buildings and structures.
Property maintained in such condition as to become so defective,
unsightly, or in such condition of deterioration or disrepair that the same
causes appreciable diminution of the property values of surrounding
properties or is materially detrimental to proximal properties and
improvements. This includes, but is not limited to, the keeping or
disposing of, or the scattering over the property or premises, including
sidewalks, of any of the following: (1) Lumber, junk, trash or debris; (2)
Abandoned, discarded, or unused objects or equipment such as
automobiles, automobile parts, trailers, campers, boats and buses, and
similar objects or equipment; (3) Any device, decoration, design, fence,
structure, or vegetation which is unsightly by reason of its condition or its
inappropriate location; (4) Wood or paper signs in deteriorating condition;
(5) Any wall, fence or hedge.
Whenever any building or structure is in such a condition as to constitute
a public nuisance known to the common law or in equity jurisprudence.
Immediately board all openings leading into the property according to
Federal Housing Administration Board-Up Standards. - Immediately
board all openings leading into the property according to Federal
Housing Administration Board-Up Standards. The property owner shall
immediately secure the property to prevent injury, obtain permits to
rehabilitate or demolish the structure(s) and make all necessary
corrections.
Property shall be free from infestation of termites, insects, vermin or
rodents.
Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the structural
strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum required of the Building Code
for new buildings of similar structure, purpose or location.
Property shall be free of trash, litter, debris, packing boxes, lumber, junk,
salvage materials, broken or inoperative furniture, appliances,
machinery, equipment, any furniture (except for furniture specifically
designed for outdoor use(, including, but not limited to furniture on
porches, balconies, sundecks and in front yards, and any other
improperly stored personal property causing an unsightly appearance.
/35
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- -"-
Whenever a building or structure, used or intended to be used or
intended to be used for dwelling purposes, because of inadequate
maintenance, dilapidation, decay, damage, faulty construction or
Unfit for Human Occupancy arrangement, inadequate light, air or sanitation facilities, or otherwise, is
determined by the health officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or
disease.
Structures or existing equipment that are or hereafter become unsafe,
insanitary or deficient because of inadequate means of egress facilities,
inadequate light and ventilation, or which constitute a fire hazard, or are
otherwise dangerous to human life or the public welfare, or that involve
illegal or improper occupancy or inadequate maintenance, shall be
Unsafe Structure deemed an unsafe condition. Unsafe structures shall be taken down and
removed or made safe, as the building official deems necessary and as
provided for in this section. A vacant structure that is not secured against
entry shall be deemed unsafe. The property owner shall immediately
secure the property to prevent injury, obtain permits to rehabilitate or
demolish the structure(s) and make all necessary corrections.
Whenever the walking surface of any aisle, passageway, stairway or
other means of exit is so warped, worn, loose, tom or otherwise unsafe
as to not provide safe and adequate means of exit in case of fire or
Unsafe Walking Surface panic. - Immediately repair or replace all damaged surfaces, and if
necessary, the property owner shall immediately secure the property to
prevent injury, obtain permits to rehabilitate or demolish the structure(s)
and make all necessary corrections.
Property which has an overgrowth of vegetation or the accumulation of
debris so as to constitute a fire hazard or likely habitat for vermin. Mow,
Vegetation I Fire Hazard trim and remove all overgrown, dead, diseased vegetation within 72-
Hours; and remove all miscellaneous junk, trash and debris from the
property.
Based on occurrences of serious violations in Merged Area A since July 1, 2008, as detailed in Appendix 2,
the most prevalent are described below:
.
"Trash, Debris, and Storage" - 35% (103 out of 296) of all open serious violations in Merged Area A
involve excessive amounts of trash and debris being stored outdoors, potentially causing a fire or
safety hazard. Fire can more easily spread when there is debris strewn across an area normally
devoid of material. In some cases, the amount of trash and debris stored outside was so extreme that
it blocked access to the structures. Additionally, excessive trash and debris can easily rot and provide
shelter for dangerous bacteria and vermin.
"Condition of Structures" - 27% (81 out of 296) of Merged Area A open serious violations were
structures displaying various levels of deterioration and neglect. Unprotected surfaces, warping
weather protection, splintering porch railing, and crumbling concrete stairwells are just a few of the
conditions that were observed. This visible damage can lead to deterioration of the structural frame
and cause wood rot and structural instability. Additionally, improperly protected or damaged exteriors
allow water to seep into the interior of the structure, causing growth of mold and bacteria on insulation
and plaster boards. Mold and bacteria can infect the air and cause serious health ailments such as
asthma and pneumonia.
.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
· "Hazardous Electrical Wiring" - 6% (19 out of 296) of open serious violations in Merged Area A
involved wiring that posed significant safety threats. Dangerously exposed wires from light fixtures,
outlets, or fuse boxes can easily electrocute building occupants or potentially ignite fires. Poorly wired
additions or appliances are susceptible to shorts and can easily ignite fires as well.
· "Maintenance of Structures" - 3% (12 out of 296) of Merged Area A open serious violations occur in
structures where doors, windows, fire extinguishers, sprinkler systems, heating systems, emergency
exits, and interior stairwells were broken, unusable, or blocked. These violations prevent escape or
relief in times of emergency and put building occupants at serious risk.
· "Hazardous Mechanical Equipment" - 3% (8 out of) of open serious violations in Merged Area A
involve the improper installation of mechanical equipment. In many cases, the exhaust vents for the
water heater, washer and dryer units, or the heating and air-conditioning units were installed
improperly. Some mechanical equipment did not have the necessary exhaust vents at all. The
exhaust gases from these machines contain can pollute the interior air and potentially poison or
seriously harm building occupants.
Table A-6 shows a summary of the number of serious violations per 1,000 parcels in Merged Area A
compared to the rest of the city to determine the impact of serious violations on the community. Higher
violations per 1,000 parcels mean higher concentrations of health and safety threats in an area. Both open
and closed cases were examined to provide insight on the magnitude of open violations and provide a historic
perspective of closed violation cases.
Summary of Serious Code Enforcement Violations Since 7/1/2008 Table A-6
San Bernardino Merged Area A
Area Total Total Open Open Closed Closed % of Remaing
Studied Area Violations per Violations per Violations per
Parcels Violations 1,000 Parcels Violations 1,000 Parcels Violations 1,000 Parcels Open Violations
Merged Area A 2,624 296 112.8 158 60.2 138 52.6 53%
San Bernardino Excl. 55,370 7,750 140.0 2,911 52.6 4,839 87.4 38%
Merged Area A
Source: San Bernardino Code Enforcement Department as of 1/09/2010; San Bernardino GIS Department
A total of 296 serious code violation occurred in Merged Area A since July 1, 2008. As of January 9, 2010,
53% (or 158 serious violations) remain open in Merged Area A posing a threat to the health and safety of
residents and workers. During the same timeframe, open violations in the remainder of the city have been
corrected much quicker than in Merged Area A. Only 38% (2,911 violations) of serious violations remain open
in the remainder of the city. The higher percentage of open serious violations in Merged Area A shows that
serious violations are taking longer to get addressed there. Consequently, significant threats to the health and
safety of the community persist longer in Merged Area A.
There are 62.2 open serious violations per 1,000 parcels in Merged Area A, which is approximately 15%
greater than the remainder of the city (52.6 open serious violations per 1,000 parcels). 17 In other words, there
are 15% more unmitigated serious violations per parcel in Merged Area A than in the rest of the city. This
higher concentration of open violations illustrates that property owners are more likely to neglect their
properties in Merged Area A. Additionally, higher concentrations of neglect can lead to negative perceptions
17 To compare the magnitude of violations across the two different areas, the number of violations in each area was divided by the
number of parcels of each respective area.
@RSG
/37
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
of the area, inciting even further neglect by property owners who do not believe there would be value in
maintaining their properties.
The 158 open serious violations in Merged Area A are located on 63 parcels. Most of these violations occur
in the residential areas of Central City North, Central City East, and South Valle Project Area. Exhibits A-9
and A-10 show the locations and quantity of open serious violations in Merged Area A.
@RSG
138
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
OJ
SAN BERNARDINO MERGED AREA A
EXISTING HEALTH AND SAFETY CODE VIOLATIONS - NORTHERN PORTION
EXHIBIT A-9
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San Bernardino GIS Department
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Dilaoidation and Deterioration
The Field Survey found 148 parcels had structures that were seriously dilapidated and deteriorated and are
illustrated in Exhibits A-11 and A-12 at the end of this discussion. These structures were fairly well spread
throughout Merged Area A, however the CCN and South Valle Project Areas had the highest concentrations
of dilapidated structures. Table A-7 below shows a summary of the deteriorated and dilapidated structures
observed in Merged Area A. In the South Valle Project Area, 23% of the developed parcels had structures
that showed signs of significant deterioration and dilapidation. The same is true for 10% and 9% of the
developed parcels in the CCN and CCS Project Areas, respectively. By the time this level of deterioration is
visible to the street, the damage warrants major and costly repairs (see Figure 1). To compound the physical
blight, this visible deterioration can incite further disinvestment in the immediate area, causing other property
owners to neglect their properties and possibly deflating property values. 18
Summary of Observed Deterioration and Dilapidation Table A-7
San Bernardino Merged Area A
Number of Parcels with % of Area Developed
Deterioration and Parcels with Deterioration
Project Area Dilapidation and Dilapidation
Central City East 18 7%
Meadowbrook/Central City 0 0%
Central City North 46 10%
Central City South 29 9%
South Valle 42 23%
Southeast Industrial 13 4%
Tri City 0 0%
148 8%
Source: Field Survey of Sept. 29 and 30, 2009
Serious structural dilapidation and deterioration indicates a prolonged lack of maintenance and can pose
significant hazards to the health and safety of those who use the structure. For example, faulty or missing
weather protection leaves the underlying support structures exposed. Water can easily enter the structure,
causing the interior wood to rot and grow mold, seriously affecting the interior air quality and structural
integrity. This poses significant health risks to those who occupy and use the structure as breathing mold-
infected air can lead to pulmonary infections and pneumonia. Furthermore, rotting support structures are less
able to support the loads for which they were designed and can lead to the roof and ceiling materials
collapsing onto those who use or occupy the structure.
Sagging and broken rooftops expose the underlying structure to the elements as well, but also can allude to a
shifting in the structural frame and foundation. Such damage compromises the structural integrity of the
building and can lead to condemnation or even collapse if not quickly remediated. Exterior power wires that
are not properly tied together or fastened to the structure, such that they can be easily detached or reached
by children, pose a significant safety hazard as they can easily fall and cause fires or electrocute building
occupants.
The following photos and descriptions of buildings in Merged Area A are a sampling of the buildings which
showed significant deterioration and dilapidation as observed during the Field Survey. The remaining photos
and descriptions of blighted buildings and properties observed during the Field Survey can be found in
Appendix 1.
18 Robert A. Simons, Roberto G. Quercia, and Ivan Marie, "The Value Impact of New Residential Construction and Neighborhood
Disinvestment on Residential Sales Price," Journal of Real Estate Research, 1998, 147.
@ 8-;?~__________.._____.___~.._____.________,______~____"---r-- 41--
o
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
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Photos A-1 and A-2: This multi-family residential structure on East 5th Street in the eeE Project
Area is seriously dilapidated. The front exterior wall is missing siding where an awning used to be
attached, leaving the interior insulation and support structure exposed to the elements. Water can
easily enter the structure, causing the interior wood to rot and grow mold, seriously affecting the
interior air quality and structural integrity. This poses significant health risks to those who occupy and
use the structure as breathing mold-infected air can lead to pulmonary infections and pneumonia.
The roof is not finished and has its beams exposed. All the windows are boarded and the front door
is out of alignment. This suggests that the foundation is deteriorating and is no longer able to fully
support the weight of the structure. The building has been neglected for quite some time and its
questionable structural integrity poses a safety threat to those who may use it. Further deterioration
to the roof or foundation could easily lead to roofing materials and supports caving in or collapsing on
those inside the building.
@8SG_
l42
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
0,
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Photos A-3 and A-4: This single family residence on Gardena Street in the South Valle Project Area
suffers from many years of neglect. Both pictures above show deteriorating eaves and warping
exterior siding. The storage shed lacks proper roofing and instead uses plastic tarps to keep out
water. Water can easily enter the structure, causing the interior wood to rot and grow mold, seriously
affecting the interior air quality and structural integrity. This poses significant health risks to those
who occupy and use the structure as breathing mold-infected air can lead to pulmonary infections and
pneumonia.
The bottom picture shows and extreme amount of dangerously exposed exterior wires that sag down
to chest level and are precariously attached to both structures on the property. This is a significant fire
and safety hazard as these wires could easily detach for many reasons and ignite anyone of the
many pieces of refuse that litter the yard. Wires leading to the shed may mean that it has been
illegally converted into another residence, the substandard conditions of which would pose serious
health and safety hazards.
o
@ 8SG____________________________
-T43
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@RSG
..
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
:/
Photo A-5: The roof of this single family dwelling on Arrowhead Avenue in the CCS Project Area is
warped and sagging, which suggests that the foundation has been compromised and can no longer
support the weight of the structure. The building poses a safety threat to those who occupy it as it in
danger of collapsing on them.
In addition, the building has holes and cracks along the base of its side wall near the structure's
foundation. Water, mold. and pests can easily enter and rot and infect the interior of the structure,
rapidly deteriorating the supports and foundation thus further compromising the building's structural
integrity. Mold will infect the air, putting the building's occupants at risk for pulmonary infections and
pneumonia. Furthermore, the house has multiple broken windows leaving the building's interior
vulnerable to poor weather conditions and representing disinvestment by the property owner.
144
~..
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
C),
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Photo A-6: This single family residence on Spruce Street in the CCN Project Area exhibits a number
of physical deterioration and dilapidation conditions. The eaves and overhangs are deteriorated and
no longer protected from the elements. The exterior wood paneling comprising the fayade of this
property has holes and cracks throughout and lacks an adequate layer of weather protection. Water
and bacteria can easily enter the interior of the structure and rot the frame or cause significant health
issues through the increased growth of mold. Mold will infect the air, putting the building's occupants
at risk for pulmonary infections and pneumonia.
At the point where the main power lines connect to the structure, there are exposed, open-ended
wires which pose a significant fire and safety hazard.
Furthermore, the building addition shown at the right of the photo was constructed of plywood sheets,
a substandard building material, and may not be structurally sound. Those who use this part of the
building may be in danger from falling debris.
@RSL____ .
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.----145-
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
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Photo A-7: The building materials on this structure on Gardena Street in the South Valle Project Area
are broken and damaged and do not appear to be structurally sound. The exterior of the building is
extremely damaged with whole pieces of siding falling off and away from the structure. This is a
serious danger to anyone who uses or walks near the building as they may be injured by falling
building materials. In addition, the site is littered with garbage, debris, and potentially harmful
materials.
@8SG
146
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
0'
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Photo A-8: The structure on this property on Caroline Street in the South Valle Project Area exhibits
faulty weather protection. The building's eaves have cracked and become worn and have, in some
cases, been hastily replaced by untreated sheets of plywood. The roofing materials have also warped
and cracked in many places. Water can easily enter the structure, causing the interior wood to rot
and grow mold, seriously affecting the interior air quality and structural integrity. This poses
significant health risks to those who occupy and use the structure as breathing mold-infected air can
lead to pulmonary infections and pneumonia.
There are also open-ended electrical wires dangling from the exterior light fixture which pose a
significant safety hazard as they can easily fall and cause fires or electrocute building occupants.
Furthermore, a shed or storage container in the back appears to have been converted to a living
space, as a cable satellite has been installed on top of the structure.
@ RS.~_____.__________________
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
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Photos A-9 and A-10: The industrial buildings shown in the above pictures are on Stoddard Street in
the CCS Project Area. In the first picture, the structure's roof is warped and sagging and the tiles are
peeling away from the structure itself. This presents structural safety hazards as either the
foundation or roof supports (or both) are damaged to the point where the roof itself warps in such an
erratic fashion. The roof and supports could potentially fall on a person who uses or walks near the
building.
Additionally, this dilapidated roof cannot adequately protect the interior from the elements, promoting
further deterioration. As can be seen in the bottom photo, the structure has holes peppered across its
walls and near its foundation. If not repaired, such conditions could lead to additional deterioration,
further jeopardize the structure's integrity, and allow mold to grow on the interior frame and insulation.
Breathing mold-infected air can lead to pulmonary infections and pneumonia.
~
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
As buildings age, it is normal for them to experience certain levels of deterioration and dilapidation. Typically,
this is mitigated by regular maintenance and general upkeep of the structure and surrounding property.
However, lack of maintenance will allow normal wear and tear to accumulate, deteriorating the structure to the
point where it may be unsafe and unhealthy for people to use.
Figure A-1 provides an illustration of the economic realities if routine building maintenance is not undertaken
in a timely manner. First minor and then major building failures occur over time. The cost of renovating the
building increase exponentially over the years. Ultimately, structural failures occur and the building cannot be
recovered. Conversely, if preventive maintenance to address normal wear is routinely accomplished, the
building's structural integrity is maintained. Frequent investment into routine maintenance is the best way to
assure the long-term integrity of a structure.
Figure A-1
Illustration of Relationship Between Maintenance and Cost
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8 Start of major failures
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Start of minor failures
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Minor repair
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Nonnal wear
Time in years
~
Preventive
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Total cost of major repair (C)
Total cost of minor repair (B)
Total cost of preventive maintenance (A)
PREVENTIVE MAINTENANCE (bottom line) not only costs markedly less in aggregate than repairing
building failures, it reduces human wear and tear. A building whose systems are always breaking or
threatening to break is depressing to the occupants, and that brings on another dimension of expense.
This diagram is adapted from Preventive Maintenance q(Buildings (New York: Van Nostrand Reinhold,
J 991), pJ.
Dilapidation and deterioration are a natural phenomenon of aging structures where routine maintenance and
upkeep are deferred for extended periods of time. By nature, older structures are more difficult to rehabilitate
and, as structures age, rehabilitation becomes more expensive due to the need to bring buildings up to
current building code. As stated in Stewart Brand's book, How Buildings Learn; What Happens After They're
Built, a lack of maintenance results in buildings becoming unusable, with the threat of structural failure. Brand
states that:
".. .due to deterioration and obsolescence, a building's capital value (and the rent it can charge)
about halves by twenty years after construction. Most buildings you can expect to completely
refurbish from eleven to twenty-five years after construction. The rule of thumb about abandonment
is simple.. .if repairs will cost half of the value of the building, don't bother. "
@RSG
149
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
It is no surprise, therefore, that a structure's condition is often directly correlated with its age. According to
data obtained through the Metroscan database, approximately 24% of all structures in Merged Area A were
built 40 or more years ago. Of those, 19% were found to have significant levels of deterioration and
dilapidation during the Field Survey. Looking at it another way, 77% of all the buildings that were found to
have significant levels of deterioration and dilapidation are 40 years of age or older.
@RSG
f50
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
01
SAN BERNARDINO MERGED AREA A
DETERIORATED AND DILAPIDATED STRUCTURES - NORTHERN PORTION
EXHIBIT A-11
Sources: RSG Field Swver. September 2009
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o Southeast Industrial Pari<.
D Meadowbrook/Central City
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Faultv or Inadeauate Sewer Utilities
According to Section 33031 (a)( 1) of the CRL, faulty or inadequate sewer utilities may cause unsafe or
unhealthy conditions in buildings in which people work or live. Damaged, broken, or blocked sewer lines can
cause raw sewage leaks and spills which may pollute groundwater sources or create unsanitary conditions in
the adjacent buildings and streets. Certain diseases, such as Norwalk Virus 19 or Giardiasis2o, can be
contracted by coming into contact with or ingesting water or infected seafood that has been contaminated by
raw sewage.
The San Bernardino Department of Public Services ("DPS") inspects and maintains the sewer systems
throughout the City. Issues related to sewer system functions are brought to the attention of the DPS either
through complaints or through a proactive inspection process that seeks to inspect every sewer line in the
City over a five-year period (2008-2012). The DPS has provided RSG with the inspection reports for sewer
lines in Merged Area A from the last three years; these reports relate the quality and severity of issues
encountered during both complaint-driven and routine inspections.
Table A-8 summarizes the sewer pipe inspections in Merged Area A that occurred from 2006 through 200821,
the issues uncovered during those inspections, the severity of the problems, and whether these issues were
found due to complaints or through routinely scheduled inspections.
19 Information on the Norwalk Virus can be found on the California Department of Health Website -
http://www.cdph.ca.gov/Healthlnfo/discond/Pages/Norovirus.aspx
20 Information on Giardiasis can be found on the California Department of Health Website -
http://www.cdph.ca. gov/Healthlnfo/discond/PageslGiardiasis.aspx
21 Inspection reports for 2009 have not been included as the year has not yet come to a close.
@RSG
153
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
--. - - -. -_.----
Sewer Line Inspection Reports
San Bernardino Merged Area A
Location
Complaint or
Routine
Inspection
Observed Issues
Table A-a
Sagging sections, multiple
cracks, medium amount of
roots penetrating through
walls, and severely offs~t joint Severe
Court & Sierraway
Complaint
Sinkhole
Heavy amount of roots
penetrating through walls, and
broken pipes
estricte low and mu tiple
broken pipes
Restricte ow, moderately
offset joint, multiple minor
broken pipes
Tilting pipe
Inland Center & Adell
Complaint
2nd & Lugo
Complaint
2nd & Mt. View
Complaint
Routine
Routine
Routine
Sagging pipe
aggmg pipe
Hole in top 0 pipe and small
amounts of debris found in
pipe
Oak east of 0 Street
Routine
Severe
Severe
Severe
Moderate
Mild
Mild
Moderate
The above summary shows that most of the moderate and severe issues were uncovered due to complaint-
initiated inspections and that the number of complaints has been increasing over time. The severe problems
required immediate attention and expensive remediation, generally resulting in the replacement of sections of
pipe. According to the DPS, installation of new sections of pipe can range from $500 to $2,000 per foot,
depending on the difficulty of the installation.
Moderate issues, however, were resolved through more expedient and less expensive temporary repairs,
such as adding additional lining to pipes with minor cracks or cutting out medium sized root systems that had
penetrated the pipes. While these problems may have been temporarily fixed, the underlying issues that
caused the damages were not necessarily alleviated and will likely cause more damage in the near future.
Replacing multiple sections of sewer pipeline is prohibitively expensive. Furthermore, the increasing number
of severe problems occurring illustrates that the sewer system may need more than just temporary repairs.
@RSG
154
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
As more problems begin to surface, health and safety risks will increase as well. This, combined with the
resulting odor of a failing sewer system, may hamper the successful redevelopment of the area.
Faultv or Inadeauate Water Utilities
Section 33031 (a)( 1) of the CRL states that faulty or inadequate water utilities may cause unsafe or unhealthy
conditions in buildings in which people work or live. Of the many ways an inadequate water utility can affect
the health and safety of building occupants, deficient flow of water to fire hydrants puts people and buildings
at particular risk in the event of a fire.
Deficient Fire Flow
The Water Facilities Master Plan ("WFMP") prepared for the San Bernardino Municipal Water District
("SBMWD") in 2007 identifies seven specific locations in its lower pressure zone where the existing
infrastructure is deficient for the purposes of providing emergency water in the event of a fire.22 According to
the SBMWD, only one of these deficient areas has been remediated, leaving six deficient areas remaining. Of
these six areas, three are in Merged Area A which covers less than a third of the lower pressure zone. Below
is a summary of the locations and issues involved with the three areas that have deficient fire flow.
Location
Description
Southwest of Waterman Ave.
and Central Ave.
Local lines in this area are not properly integrated with the larger
transmission lines in the area. Additional ties along Waterman Ave. and
Central Ave. are recommended and approximately 3,000 feet of 12-inch
diameter replacement pipelines are needed in this area to augment fire
flow capacity.
South of 3rd St. between Mt.
Vernon and G St.
The distribution facilities in this commercial and industrial area are
significantly deficient as the existing 6-inch and 8-inch pipelines have
limited transmission capacity. Approximately 12,000 feet of replacement
transmission lines ranging in diameter from 12 to 20 inches are needed
in this area to correct the existing deficiency.
East of Waterman and south
of 10 Freeway
This is a localized fire flow issue at the easterly end of Commercial
Road as the existing 6-inch pipeline is not capable of handling the
required fire flow. The construction of 1,300 feet of 12-inch diameter
pipeline along Commercial Road is needed to address the current
deficiency.
The WMFP further states that the cost to replace existing pipeline is approximately $120 per linear foot23.
Therefore, the cost to install pipeline that can sufficiently handle fire flow demands in these areas will be
$360,000, $1,440,000(+), and $156,000, respectively, totaling almost $2 million.
22 The lower pressure zone is the largest pressure zone in the SBMWO's service area and generally covers the area south of Baseline
Street to the southerly border of the City of San Bernardino.
23 The WMFP quotes the replacement cost for new 8-inch pipe at $120 per foot. The cost to install new 12-inch and 20-inch pipeline
sufficient for fire-flow will be significantly higher.
@ 8.~9_ -------- ------------------------------------------~----------------------'55
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
While the SBMWD has identified the costs to upgrade the facilities, the responsibility of paying for most of the
upgrades falls upon the private developers who wish to build in these areas, due to increased demands on
infrastructure capacity. According to the San Bernardino Fire Department, property owners are responsible for
the cost of installation of fire hydrants as well as the delivery facilities to those hydrants that serve their
property. The deficient fire flow to these areas proves to be a significant safety hazard and hinders the viable
use of adjacent property. The additional cost of upgrading these pipelines, which currently must be borne by
the developer, may prevent the redevelopment of these properties, therefore prolonging the safety hazards
resulting from significantly deficient fire flow.
Insufficient Capacity
Another issue related to inadequate water utilities is the ability for the water distribution system to adequately
deliver water to meet the demand of all uses that are served by it. The WFMP states that while currently
meeting demand, the existing system will not be able to meet the projected demand in 2020. Currently, the
supply capacity is approximately 29,000 gpm (gallons per minute). By 2020, demand is expected to grow
42,000 gpm in the low pressure zone, which is approximately 13,000 gpm (45%) greater than the existing
supply capacity. To meet this demand and to account for what might be the greatest demand during peak
usage times, the WFMP projects that an additional 21,300 gpm supply will be needed. This would require
additional water supply, storage facilities, pumping stations, and delivery facilities. As 2020 is only ten years
away, redevelopment funds may be a necessary source to assist in financing what will surely be an expensive
capital improvement project.
Construction Vulnerable to Seismic or GeoJoaic Hazards
According to CRL Section 33031(a)(1), construction that is vulnerable to serious damage from seismic or
geologic hazards is a physical condition of blight causing buildings to be unsafe or unhealthy for persons to
live or work. In 1986, California chaptered Senate Bill 547 requiring every jurisdiction in Seismic Zone 4 to
inventory its buildings constructed of unreinforced masonry by 1990, to adopt a loss reduction program, and
to report progress to the Seismic Safety Commission. The City lies within Seismic Zone 4, and has two major
fault lines _ the San Andreas and San Jacinto Faults - running under the city. The last significant earthquake
on the San Jacinto Fault occurred in 1968 and had a magnitude of 6.5. There have been no major quakes on
the South Branch San Andreas Fault in recent history. Both of these faults are considered by the USGS to
be overdue for a major earthquake, and are both capable of earthquakes measuring more than 7.5 on the
Richter Scale24. Within the next 30 years, the USGS predicts that there is a 59% chance of a 6.7 or larger
earthquake occurring on the Southern San Andreas Fault, and a 31 % chance of a 6.7 or larger earthquake
occurring on the San Jacinto Fault. Structures lacking modern earthquake-resistant design present health
and safety risks in the event of seismic activity. The City's Building Department maintains the list of
unreinforced masonry ("URM") buildings throughout the City.
An ordinance establishing a program for mitigation of seismic hazards associated with buildings containing
URM bearing walls was adopted by the Common Council in 2006.25 The purpose of the Ordinance is to
minimize the potential collapse of buildings that are not earthquake safe. The Ordinance is only applicable to
buildings that contain at least one URM bearing wall.26 As depicted in Table A-9, there are 22 buildings on
the City's URM list in Merged Area A. Of the 22 URM buildings, 16 have not had any type of retrofitting.
During earthquakes, these structures pose a significant threat to the safety and welfare of people in or near
the buildings. Of the 16 non-retrofitted buildings in Merged Area A, three have been vacant for more than one
year. According to the City Ordinance, these building cannot be occupied until they have been successfully
retrofitted. While this reduces safety risks during earthquakes, it also perpetuates increased vacancy rates,
which is another indicator of blight, as described in the Vacancy and Lease Rates Section below. The current
cost of retrofitting a URM building generally exceeds $25,000 and is a deterrent to siesmic retrofitting. 27
According to Agency staff, the Agency previously allocated $150,000 to a fund to help defray the cost of
24 USGS, Forecasting California's Earthquakes, April 14, 2008, hIIP/lpubSUSQSQovlls/2008/3027Ifs2008-3027pdf.
25 The "Hazard Mitigation Reduction in Unreinforced Masonry Buildings" was adopted by City Council on February 21, 2006.
26 City of San Bernardino "City of San Bemardino Municipal Code" hllp:/lwww.cisan-
bernardino. ca. usl civ icalfilebank/blobdload. asp ?Blobl 0=2554.
27 Chris Richard, "Seismic Safety on Shaky Ground," The Press Enterprise, March 31, 2008.
@E<SG ---
~_.~--
I 56
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
retrofitting URMs within the City, but the fund was eventually closed without any of the funds being used.
Property owners indicated that, despite the Agency support, the cost of retrofitting the URMs remained too
high.
In addition to the 16 unreinforced masonry buildings in Merged Area A, a five-level parking structure that
serves City Hall and the Carousel Mall also fails to meet current seismic building standards. According to a
1994 engineering survey, the structure "does not have adequate strength to resist code predicted seismic
design loading".
Unreinforced Masonry Buildings Table A-9
San Bernardino Merged Area A
Merger Area Address Status Vacant Since Retrofit Cost Estimate
CCN 467-473 W 4th St Occupied $99,700
CCN 376 N 0 St Occupied $34,600
CCN 362-366 N 0 St Occupied $81,000
CCN 377 NESt Retrofitted
CCN 584 W 5th St Retrofitted
CCN 350-360 N 0 St Retrofitted
CCN 361-369 NESt Retrofitted
CCN 475 W 4th St Retrofitted
CCN 479 W 4th St Retrofitted
CCN 474 W 5th St Vacant Closed 12104 $21.000
CCN 370 N 0 St Vacant Closed 1/04 $37,000
M/CC 157 NESt Occupied Not Available
M/CC None - Parking Structure Occupied
CCE 116-122 E 3rd St Occupied Not Available
CCS 408 S Arrowhead Ave Occupied $2.500
CCS 299 S E St Occupied Not Available
CCS 2Q7 S E St Occupied Not Available
CCS 239 S E St Occupied $11.300
CCS 304 S E St Occupied $9,000
CCS 186 S G St Occupied $81,000
CCS 777 W Rialto Ave Occupied Not Available
CCS 355 S E St Reduced Occupancy $7,300
CCS 170 S E St Vacant Closed 1989 $29,000
1 Retrofit Cost Estimates were conducted in 1993. Current costs may be higher.
Source: City of San Bernardino
A report on URM buildings prepared by the USGS in 2008 states that unreinforced masonry buildings have
performed poorly in earthquakes due to their "inherent brittleness, lack of tensile strength, and lack of
ductility."28 According to the Northern California Chapter of the Earthquake Engineering Research Institute
("EER'''), with unreinforced masonry, walls tend to disconnect from buildings and fall outward, sometimes
causing the building to collapse during earthquakes. EERI further claims that, "URM [unreinforced masonry]
failures have been responsible for deaths in California Earthquakes since at least 1868, and as recently as
Loma Prieta in 1989 and San Simeon in 2003."
A secondary seismic concern within Merged Area A is liquefaction. Liquefaction is defined by the US
Geological Survey as a "physical process which can occur during an earthquake [in which] clay-free soil
28 R. Hess "Unreinforced Masonry (URM) Buildings" The ShakeOut Scenario Supplemental Study, United States Geological Survey, May
2008.
@RSG
157
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
-- - -
deposits (primarily sands and silts) temporarily lose strength and behave as viscous fluids, resulting in ground
failure." This "has been the cause of considerable damage during earthquakes." All of the CCS, CCE, and
Tri-City Project Areas fall within a high-risk liquefaction zone, as do portions of the CCN, M/CC, SEIP and
South Valle Project Areas. The area is high-risk due to its location within the regional groundwater basin
known as the Bunker Hill Basin. Due to the unique hydrogeology of the Bunker Hill Basin, the western portion
of the basin in and around the Downtown area of the City of San Bernardino can be characterized as an
artesian aquifer and has been designated as a "Pressure Zone" by the U.S. Geological Survey. Uniquely high
groundwater levels in this western part of the basin have created structural problems in the past from water
damage to subterranean structures.29 Liquefaction is an ongoing risk in the event of an earthquake in the
area. Groundwater management agencies in the area must therefore carefully balance basin replenishment
and extraction activities to maintain lower-risk groundwater levels.
Paragraph A 1-4 of section 15.08.50 of the San Bernardino Municipal Code describes buildings that require
liquefaction reports and mitigation measures. These standards require reports and mitigation measures for
buildings of more than two stories, and for various public gathering places, such as churches and stadiums,
and essential facilities, including police and fire stations, schools, and hospitals. Possible mitigation
measures are not described in the Municipal Code, but frequently include a variety of densification,
hardening, or structural techniques. 30 At least 33 buildings within Merged Area A meet the City's current
standard to require liquefaction reports and mitigation measures. Of these buildings, construction dates are
available for 11, and 5 of those buildings were built before 1989, when the current standards for mitigating
liquefaction risks were adopted.
The locations of URM buildings in Merged Area A relative to the San Jacinto Fault and high-risk liquefaction
zones are shown in Exhibit A-13. Sample photographs and descriptions of URM buildings follow.
29 San Bernardino Valley Water conservation District, Municipal Service Review (2003), p. 3.
30Southern California Earthquake Center, "Guidelines for Analyzing and Mitigating Liquefaction in California," March 1999.
@RSG
158
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
OJ
EXHIBIT A-13
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@R~C;:;____--------"----'---'---T59
o
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
o
Photo A-11: This unreinforced masonry building, located at 299 South E Street, exhibits several signs of
physical blight, including a roof that is sagging and buckling and a dilapidated, poorly constructed addition that
was built of substandard materials. Both conditions could lead to unsafe or unhealthy conditions in the
building. The building is occupied by an auto glass tinting business and an auto speaker business.
o
@RSy
60
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
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Photo A-12 and A-13: This unreinforced masonry building at 304 South E Street houses an adult bookstore.
Its roof has deteriorated to the point that it no longer provides effective weatherproofing, and could lead to
unhealthy conditions and further damage to the building.
0,)
@RSG
r-61-
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
The proposed Merger and Amendments will ensure the Agency has the financial capacity to continue to
address unsafe buildings, such as the URM buildings described above, through the projects and programs
described in Section B.
Conditions Hindering the Viable Use or Capacity of Lots or Bui/dings
Pursuant to CRL Section 33031{a){2), a building's or lot's viable use or capacity may be prevented or
substantially hindered by substandard, defective, or obsolete design or construction under the current general
plan, zoning, or other development standards. For the purpose of this analysis, viability is defined as "capable
of working, functioning or developing adequately and financially sustainable.,,31
Substandard Lot Sizes
Chapter 19 of the Municipal Code, referred to as the City of San Bernardino Development Code
("Development Code"), sets forth the building requirements and zoning regulations to assure that
development throughout the City is safely achieved. The purpose of the Development Code is to provide
minimum building, construction, and development standards by zoning designations throughout the City.
These provisions are enforced to protect the safety, health, peace, and general welfare of the public, as well
as to ensure orderly development throughout the City.
Table A-10 presents data on lots which do not meet lot size requirements based on the Development Code.32
The Development Code requires that lots meet size requirements to be developed or redeveloped to the
development standards under current zoning. Existing buildings on lots which do not meet these standards
may remain, however, if these lots were to be redeveloped they would need to meet the current standards.
Currently in Merged Area A, 22% of residential lots, 18% of commercial lots, and 34% of industrial lots do not
meet size requirements. Many of these lots were developed and occupied under prior zoning regulations or
before the establishment of lot size requirements. Lot size requirements were imposed to promote and
protect public health, safety, and welfare. Exhibits A-14 and A-15 illustrate locations throughout Merged Area
A where lots do riot meet size requirements.
31 "Viability." Merriam-Webster's Collegiate Dictionary. 10th ed. 1998.
32 Refer to Appendix 2 for a summary of building, construction, and development standards.
@RSG
162
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Lots Which Do Not Meet Size Reauirements Table A-10
San Bernardino Merged Area A
Number of Total Number
Project Area Zoning Inadequate Lots of Parcels 1 Percentage
CCS Commercial 177 390 45%
Industrial 84 157 54%
Residential 0 0 0%
Total 261 547 48%
CCE Commercial 50 128 39%
Industrial 0 0 0%
Residential 23 177 13%
Total 73 305 24%
M/CC Commercial 16 154 10%
Industrial 10 24 42%
Residential 0 2 0%
Total 26 180 14%
CCN Commercial 1 339 0%
Industrial 0 0 0%
Residential 73 231 32%
Total 74 570 13%
South Valle Commercial 11 148 7%
Industrial 9 92 10%
Residential 1 29 3%
Total 21 269 8%
SEIP Commercial 8 242 3%
Industrial 28 107 26%
Residential 0 0 0%
Total 36 349 10%
Tri-City Commercial 6 77 8%
Industrial 0 0 0%
Residential 0 10 0%
Total 6 87 7%
Project Area A Commercial 269 1,478 18%
Industrial 131 380 34%
Residential 97 449 22%
Total 497 2,307 22%
1/ Total parcels include only commercial, residential, and industrial parcels. 120 Special Purpose
District parcels (public facilities), 5 Right-of-Way parcels, and 2 Railroad parcels were not included
because they do not contain minimum lot standards. There were also 70 parcels which didn't
contain the necessary data to analyze and were also not included.
Source: First American MetroScan Information Service & San Bernardino Citv GIS
@RSG
163
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Financial Viability of Lots Not Meeting Size Requirements
The financial viability of lots not meeting size requirements was examined for Commercial General ("CG-1")
and Industrial Light ("IL") zones. CG-1 and IL zones were selected because they contained the greatest
concentrations of lots not meeting size requirements in Merged Area A. CG-1 lots represent 23% of all
commercial lots not meeting size requirements and IL lots represent 79% of all industrial lots not meeting size
requirements. Table A-11 provides a summary of the median size of lots which do not meet size
requirements in the CG-1 and IL zones. The Development Code states that lots in the CG-1 zone should be
at least 10,000 square feet and that lots in the IL zone should be at least 20,000 square feet. As shown on
Table A-11, the median size of lots in the CG-1 zone which do not meet size requirements is 6,281 square
feet, or 37% less than the requirement. The median size of lots in the IL zone which do not meet size
requirements is 6,912 square feet, or 65% less than the requirement.
Analysis of Substandard Sized Lots Table A-11
San Bernardino Merged Area A
Commercial Industrial
General (CG-1) Light (IL)
(Sauare Feet) (Sauare Feet)
Median Lot Size 6,281 6,912
Source: First American MetroScan Information Service & San Bernardino City GIS
Development pro formas for CG-1 and IL zoned lots which do not meet size requirements were prepared
using the median lot sizes shown in Table A-11 to determine if it is feasible to develop or reinvest on lots of
this nature while maintaining profitability. The pro formas show that new development on CG-1 and IL lots is
not financially viable because the revenues resulting from the new structures would not cover the costs to
construct the buildings. In other words, there is a financial feasibility gap for projects constructed on CG-1
and IL lots which do not meet size requirements, because of the development restrictions placed on those
lots. Pro formas were also completed for CG-1 and IL lots which meet the size requirements in the
Development Code. These pro formas showed that it is financially feasible to develop lots in the CG-1 and IL
zones which meet size requirements per the Development Code.
The pro formas, shown as Tables A-12 through A-15, present economic analyses of the costs and revenues
to develop CG-1 and IL lots which do not meet size requirements. The pro formas use the median lot sizes
identified in Table A-11 as the basis for the analysis. Lot coverage factors, maximum heights, and parking
requirements were indentified in the Development Code and used to determine the building size which could
be developed on these lots.33 The IL zone allows for a maximum lot coverage of 75% and the CG-1 zone
allows 50%. Parking requirements significantly constrain development on lots which do not meet size
requirements. The CG-1 zone requires 1 space for every 250 square feet of building space. The parking
ratios for buildings in the IL zone vary with building size. The pro forma for the IL zoned lot which does not
meet size requirements uses a parking ration of 1 space for every 500 square feet of building space. The pro
forma for the IL zoned lot which meets size requirements uses a parking ratio of 1 space for every 1,000
square feet of building space. Due to the small size of the lots which do not meet size requirements,
subterranean parking is infeasible and surface parking must be utilized. Subterranean parking is infeasible on
these smaller lots because the size of the lots cannot accommodate adequate ingress and egress, as well as
parking stalls. Merged Area A is also located within a liquefaction zone which would make subterranean
33 Development Code Chapter 19.06 details CG-1 standards and Chapter 19.08 details IL standards.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
.. -.-- --- --..--
parking more difficult and costly, if not infeasible. See the URM portion of this report for more information
regarding liquefaction zones.
The pro formas employ the income approach to valuation. Project feasibility is determined by subtracting the
total development costs from the project value. The development feasibility gap of the project, as well as the
developer's equity contribution, have been analyzed to assess the feasibility of the project. Marshall and
Swift Valuations were used to estimate building shell costs for both the industrial and commercial uses. On-
site, off-site, financing and other indirect costs were generated from current market rates or RSG's database
for like expenses. Operating income and expense assumptions were based on review of local area real
estate professionals and RSG's experience with projects of the proposed scope and scale. Based on
information obtained through CBRE, Colliers International, and LoopNet average lease rates for comparable
properties in the City were utilized; the assumed rental rate for IL zones was $1.15 psf/month and for CG-1
zones was $2.00 psf/month.
IL Zoned Parcels of Inadequate Size
The pro forma presented in Table A-12 represents the development of a light industrial/flex building located in
an IL zone on a 6,912 square foot lot. This type of building would typically house office,
research/development, or light manufacturing uses. The lot size requirement set forth in the Development
Code for the IL zone is 20,000 square feet. This project is economically infeasible because development
costs exceed the value of the project by $60,921, creating a feasibility gap in that amount. The pro forma
presented in Table A-13 represents the development of a light industrial/flex building located in an IL zone on
a 20,000 square foot lot, which is the lot size requirement set forth in the Development Code. The analysis
concludes that this project would be feasible and would produce an additional profit of $10,843 for the
developer, which is in addition to the typical developer fees already included in the pro forma.
The pro formas shown in Tables A-12 and A-13 indicate that it is not economically feasible to develop IL
zoned lots which do not meet size requirements. However, the same pro formas show that it is economically
feasible to develop IL zoned lots which meet size requirements. In addition to being economically infeasible
the pro formas presented in Tables A-12 and A-13 indicate that a developer would need to contribute a higher
percentage of their own equity to a project on a IL zoned lot which does not meet size requirements. A
developer would need to contribute equity equal to 25.3% of project costs for the development of an IL zoned
lot which does not meet size requirements. Comparatively, a developer would only need to contribute equity
equal to 15.1 % of project costs for the development of an IL zoned lot which does meet size requirements.
Developers will typically try to invest as little of their own equity into a project as possible, which makes the
development of industrial lots which do not meet size requirements less likely. In order for the development
of IL zoned lots which do not meet size requirements to become economically feasible lot consolidation would
need to occur to increase the size of those lots.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Substandard Industrial Lot. Pro Forma Table A.12
San Bernardino Merged Area A
Site Characteristics
Lot Square Feet 6,912
Lot Coverage Maximum 0.75
Spaces (@ 300 SF per space) 8
Building SF per Space 500
Industrial Building (S.F.) 3,750
Proiect Cost SF/UNITS/SP PER SF/SP TOTAL
Acquisition Costs 6,912 $7.50 $51,840
Total Acquisition Costs $51,840
CONSTRUCTION:
Offsite/lnfrastructure/Utilities 6,912 $9.00 $62,208
Site Costs (including landscaping) 6,912 $2.00 $13,824
Parking (Surface; per space) 8 $1,350 $10,800
Industrial Building Cost (Shell) 3,750 $42.78 $160,425
FFE and Tenant Improvements 3,750 $5.00 $18,750
Contractor Fee & General Conditions 14.0% $9.23 $34,616
Contingency 10.0% $8.02 $30,062
Total Construction $88.18 $330,685
Total Land & Construction $382,525
%of $ per Bldg.
SOFT COSTS: construction Sa.Ft. Total
A&E I Consultant Fees 6.0% $3.96 $14,835
Public Permits & Fees 5.0% $5.10 $19,126
Taxes, Insurance, Legal & Accounting 3.0% $2.65 $9,921
Marketing 5.0% $4.41 $16,534
Developer Fee (G&A I Profit) 12.0% $10.58 $39,682
Contingency 10.0% $2.67 $10,010
Total Soft Costs 33.3% $29.36 $110,109
FINANCING:
Construction Interest 6.5% $5.51 $20,656
Financing Fees 3.0% $3.10 $11,618
Total Financing $8.61 $32,275
Total Project Cost $139.98 $524,909
Industrial Rental Income
Gross Annual Rental Income 3,750 s.f. $13.80 $51,750
(Less): Vacancy & Collection 15.0% of Gross Income ($7,763)
Gross Effective Income $43,988
Operating Expenses 7.5% of Gross Effective Income ($3,299)
Property Management 5.0% of Gross Effective Income ($2,199)
Rese rYes 3.0% of Gross Effective Income ($1,320)
Total Expenses ($6,818)
Net Operating Income $37,169
Cap Rate 8.00%
Total Project Revenue $464,618
(Less) Development Costs (524,909)
Profitl(Feasibility Gap) ($60,291 )
Source: See Appendix 3 - Pro Forma Sources and Assumptions
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
-. --.. -..-.". ...",,-- ..~. ,.._-..~.., ~-
Adequate Industrial Lot - Pro Forma Table A-13
San Bernardino Merged Area A
Site Characteristics
Lot Square Feet 20,000
Lot Coverage Maximum 0.75
Spaces (@ 300 SF per space) 15
Building SF per Space 1,000
Industrial Building (S.F.) 15,000
Project Cost SF/UNITS/SP PER SF/SP TOTAL
Acquisition Costs 20,000 $7.50 $150,000
Total Acquisition Costs $150,000
CONSTRUCTION:
Offsite/lnfrastructure/Utilities 20,000 $9.00 $180,000
Site Costs (including landscaping) 20,000 $2.00 $40,000
Parking (surface; per space) 15 $1,350 $20,250
Industrial Building Costs (Shell) 15,000 $42.78 $641,700
FFE and Tenant Improvements 15,000 $5.00 $75,000
Contractor Fee & General Conditions 14.0% $8.23 $123,473
Contingency 10.0% $7.20 $108,042
Total Construction $79.23 $1,188,465
Total Land & Acquisition $ 1 ,338 ,465
%of $ per Bldg.
SOFT COSTS: construction ~ Total
A&E I Consultant Fees 6.0% $3.53 $52,917
Public Permits and Fees 5.0% $4.46 $66,923
Taxes, Insurance, Legal & Accounting 3.0% $2.38 $35,654
Marketing 5.0% $3.96 $59,423
Developer Fee (G&A I Profit) 12.0% $9.51 $142,616
Contingency 10.0% $2.38 $35,753
Total Soft Costs 33.1% $26.22 $393.287
FINANCING:
Construction Interest 6.5% $4.82 $72,277
Financing Fees 3.0% $2.91 $43,599
Total Financing $7.73 $115,877
Total Project Cost $123.18 $1.847,628
Industrial Rental Income
Gross Annual Rental Income 15,000 s.f. $13.80 $207,000
(Less): Vacancy & Collection 15.0% of Gross Income ($31,050)
Gross Effective Income $ 175,950
Operating Expenses 7.5% of Gross Effective Income ($13,196)
Property Management 5.0% of Gross Effective Income ($8,798)
Reserves 3.0% of Gross Effective Income ($5,279)
Total Expenses ($27,272)
Net Operating Income $148,678
Cap Rate 8.00%
Total Project Revenue $1,858,472
(Less) Development Costs ($1,847,628)
Profitl(Feaslbility Gap) $10,843
Source: See Appendix 3 - Pro Forma Sources and Assumptions
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
-- ... - - -
CG-1 Zoned Lots of Inadequate Size
The pro forma in Table A-14 represents the development of a general retail building on a lot which does not
meet size requirements that would be permitted within the CG-1 zone. The median size of lots in the CG-1
zone which do not meet size requirements is 6,281 square feet; the Development Code states that lots in this
zone should be at least 10,000 square feet. This development is infeasible because development costs
exceed the value of the project by $27,222; therefore, this project is not economically viable. The pro forma
presented in Table A-15 represents the development of a general retail building located on a 10,000 square
foot CG-1 zoned lot, which is the minimum standard set forth in the Development Code. The analysis
concludes that the development would be feasible and would produce an additional profit of $23,711 for the
developer, which is in addition to the typical developer fees already included in the pro forma.
The pro forma in Table A-14 indicates that, in addition to the economic infeasibility of development on CG-1
zoned lots that do not meet size requirements, developers would be required to contribute a higher
percentage of their own equity to the project. A developer would need to contribute equity equal to 19.7% of
project costs for the development of a CG-1 zoned lot which does not meet size requirements.
Comparatively, a developer would only need to contribute equity equal to 13.7% of project costs for the
development of a CG-1 zoned lot which does meet size requirements. Developers will typically try to invest
as little of their own equity into a project as possible, which makes the redevelopment of commercial lots that
do not meet size requirements less likely. In order for the development of CG-1 lots that do not meet size
requirements to become economically feasible, lot consolidation would need to occur to increase the size of
those lots.
@RSG
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Substandard Commercial Lot - Pro Forma Table A.14
San Bernardino Merged Area A
Site Characteristics
Lot Square Feet 6,281
Lot Coverage Maximum 0.50
Spaces (@ 300 SF per space) 10
Building SF per Space 250
Commercial Building (S.F.) 2,500
PROJECT COST SF/Units Per SF/PS Total
Acquisition Costs 6,281 $10.00 $62,810
Total Acquisition Costs $62,810
Construction:
Offsitell nfrastructure/Utilities 6,281 $9.00 $56,529
Site Costs (including landscaping) 6,281 $2.00 $12,562
Parking (Surface; per space) 10 $1,350 $13,500
Commercial Building Cost (Shell) 2,500 $70.09 $175,225
FFE and Tenant Improvements 2,500 $10.00 $25,000
Contractor Fee & General Conditions 14.0% $14.44 $36,094
Contingency 10.0% $12.76 $31,891
Total Construction $140.32 $350,801
Total Land & Construction $413,611
% of $ per Bldg.
SOFT COSTS: construction So.Ft. Total
A&E / Consultant Fees 6.0% $6.19 $15,469
Public Permits & Fees 5.0% $8.27 $20,681
Taxes, Insurance, Legal & Accounting 3.0% $4.21 $10,524
Marketing 5.0% $7.02 $17,540
Developer Fee (G&A / Profit) 12.0% $16.84 $42,096
Contingency 10.0% $4.25 $10,631
Total Soft Costs 33.3% $46.78 $116,941
FINANCING:
Construction Interest 6.5% $8.93 $22,335
Financing Fees 3.0% $5.21 $13,022
Total Financing $14.14 $35,357
Total Project Cost $226.36 $565,909
PROJECT REVENUE
Gross Annual Rental Income 2,500 s.f. $24.00 $60,000
(Less): Vacancy & Collection 15.0% of Gross Income ($9,000
Gross Effective Income $51,000
Operating Expenses 7.5% of Gross Effective Income ($3,825
Property Management 5.0% of Gross Effective Income ($2,550
Reserves 3.0% of Gross Effective Income ($1,530
Total Expenses ($7,905
Net Operating Income $43,095
Cap Rate 8.00%
Total Project Revenue $538,688
(Less) Development Costs ($565,909
Profit/(Feasibilitv GaD) ($27,222
Source: See Appendix 3 - Pro Forma Sources and AssumDtions
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- - "' . - - --
Adequate Commercial Lot - Pro Forma Table A-15
San Bernardino Merged Area A
Site Characteristics
Lot Square Feet 10,000
Lot Coverage Maximum 0.50
Spaces (@ 300 SF per space) 20
Building SF per Space 250
Commercial Building (S.F.) 5,000
Project Costs SF/UNITS/SP PER SF/SP TOTAL
ACQUISITION COSTS 10,000 $10.00 $100,000
Total Acquisition Costs $100,000
CONSTRUCTION:
Offsite/lnfrastructure/Utilities 10,000 $9.00 $90,000
Site Costs (including landscaping) 10,000 $2.00 $20,000
Parking (surface; per space) 20 $1,350 $27,000
Commercial Building Cost (Shell) 5,000 $70.09 $350,450
FFE and Tenant Improvements 5,000 $10.00 $50,000
Contractor Fee & General Conditions 14.0% $13.65 $68,243
Contingency 10.0% $12.11 $60,569
Total Construction $133.25 $666,262
Total Land & Construction $766,262
%of $ per Bldg.
SOFT COSTS: construction Sq. Ft. Total
A&E I Consultant Fees 6.0% $5.85 $29,247
Public Permits & Fees 5.0% $7.66 $38,313
Taxes, Insurance, Legal & Accounting 3.0% $4.00 $19,988
Marketing 5.0% $6.66 $33,313
Developer Fee (G&A I Profit) 12.0% $15.99 $79,951
Contingency 10.0% $4.02 $20,081
Total Soft Costs 33.2% $44.18 $220,894
FINANCING:
Construction Interest 6.5% $8.28 $41,378
Financing Fees 3.0% $5.03 $25,130
Total Financing $13.30 $66,508
Total Project Costs $210.73 $1,053,664
Commercial Rental Income
Gross Annual Rental Income 5,000 s.f. $24.00 $120,000
(Less): Vacancy & Collection 15.0% of Gross Income ($18.000)
Gross Effective Income $102,000
Operating Expenses 7.5% of Gross Effective Income ($7,650)
Property Management 5.0% of Gross Effective Income ($5,100)
Reserves 3.0% of Gross Effective Income ($3,060)
Total Expenses ($15,810)
Net Operating Income $86,190
Cap Rate 8.00%
Total Project Revenue $1,077,375
(Less) Development Costs ($1,053.664)
Profitl(Feasibllity Gap) $23,711
Source: See Appendix 3 - Pro Forma Sources and Assumptions
@RSG
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
___ h _ _____________ ________ Report to the May'o~and Common Council
As presented in the previous pro form as, development on lots which do not meet size requirements is not
economically feasible and thus hinders development. Parking is a major constraint to the development of
these lots. It is difficult to accommodate parking requirements while maintaining the development of a
building with sufficient square footage to support the development costs. On larger lots that meet size
requirements, the ability to build at a greater density while still achieving required parking reduces the
project's cost per square foot by spreading certain project-related costs over the entirety of a larger site. This
is specifically seen in Tables A-12 and A-13 which show the financial difference between the development of
an IL zoned industrial lot which does not meet size requirements and one that does. For the development of
the lot which does not meet size requirements, a financial feasibility gap of $60,291 exists and a parking ratio
of 1 space per 500 square feet of building space must be used, due to the size of the building. However, for
the lot which does meet lot size requirements, a parking ratio of 1 space per 1,000 square feet of building
space may be used. The reduced parking ratio allows for the construction of a larger building, which in turn
increases revenues. In total, the industrial lot which meets size requirements does not have a financial
feasibility gap and returns an additional $10,843 in profit to the developer, which is an addition to the typical
developer fees and returns already incorporated into the pro forma. As shown in this example the additional
square footage included in a lot which meets size requirements makes the development of the lot financially
feasible and attractive to a developer.
Despite the economic feasibility of the projects shown in Tables A-13 and A-1S, it is unlikely that either of
these projects would be constructed in the near-term due to the depressed real estate market in the Inland
Empire. Constricted lending practices and high vacancy levels would deter or prevent most developers from
constructing a similar project. However, it is likely that these projects would be constructed once the real
estate market improves, and more typical lending practices, lease rates, and vacancy rates are seen. Once
this occurs, developers would be more likely to complete projects on commercial and industrial lots which
meet size requirements because, as seen in Tables A-12 through A-1S, they are more economically feasible
and require less of the developer's own equity than projects developed on CG-1 and IL zoned lots which do
not meet size requirements.
Residential Lots of Inadequate Size
Residential lots which do not meet lot size requirements cannot be developed to their highest and best use as
prescribed in the Development Code and may only be developed at a lower density. The residential lots
shown in Table A-10 all fall into the RM, RMH, or RS zones. These zoning categories are designed to
accommodate 12-31 units per acre depending on the category. If a lot does not meet the size requirement, it
may be developed at a lower density of 8 units per acre. These lots cannot be developed to their highest and
best use (maximum density) as prescribed in the Development Code, which in turn limits their capacity and
financial viability. The financial viability of the lot is limited if it cannot be developed to its maximum density
because the potential income stream from the property will be reduced due to the lesser amount of units.
Blighting Conditions on Lots of Inadequate Size
During the Field Survey, RSG observed numerous blighting conditions on lots which do not meet size
requirements, many of which directly relate to the small size of the lot. Conditions included commercial
vacancies, lack of or inadequate parking, excessive outdoor storage, and dilapidation and deterioration due to
lack of ongoing maintenance and owner investment. As shown previously, the redevelopment andlor
development of these lots are economically infeasible, which leaves little incentive for the current property
owners to repair existing blighting conditions and prevent the continued decay of the properties. Without
Agency assistance, many of these properties may continue to decay, exhibit blighting conditions, depreciate
the property values of neighboring properties, and potentially pose a health and safety threat to the
community. Additionally, RSG observed that many of the lots not meeting size requirements were vacant
andlor undeveloped, which may indicate that there is little or no developer interest in these properties. The
following images are examples of the conditions observed by RSG.
@RSG
173
o
@RSG
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Photo A-14: This commercial lot is located in the CCS Project Area and does not meet lot size requirements.
The lot is zoned for CO commercial use and is 5,550 square feet, a little more than 50% of the 10,000 square
foot requirement. As shown in the image above, there is limited parking and vehicular access on the lot. _ The
lot and building are currently used as an automotive garage. Due to its use as an automotive garage,
vehicular storage and movement occur at a greater frequency than lots with non-automotive uses. The
frequency of vechicular movement and storage in a confined space could create a heath and safety threat to
pedestrians and other motorists and could block access in the event of an emergency. Additionally, the
building occupies more than 60% of the lot area, which is over the 50% maximum, further decreasing the
amount of space available for parking and vehicular access.
f74
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the N,ayor and Common Council
Photo A-15: This commercial lot is located in the MICC Project Area and does not meet lot size
requirements. The lot is zoned for CG-1 commercial use and is 6,000 square feet, 40% less than the 10,000
square foot requirement. The building occupies 4,304 square feet, more than 71% of the lot, well over the
50% coverage maximum. The building is currently vacant and was formally used as an automotive garage.
Due to the small lot size, potential tenants may opt to rent a different building, which may force the owner to
lower the asking rent. It will be shown in a following section that low lease rates and high vacancy rates
already exist in Merged Area A. Buildings on lots which do not meet size requirements, such as the one show
in the image above, have limited uses and are less attractive to renters, which can lead to lower lease rates
and higher vacancies, exacerbating blighting conditions in Merged Area A.
@85_~_
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the N,a.yor and Common Council
Photo A-16: This vacant lot is located in the CCS Project Area and does not meet lot size requirements. The
lot is zoned for CCS-1 commercial use and is 6,345 square feet, which is substantially smaller than the
10,000 square foot requirement. As shown in the previous section titled Financial Viability of Substandard
Lots, it is economically infeasible to develop commercial lots which do not meet size requirements, which
makes it likely that this lot will continue to sit vacant. It is unlikely that development would occur unless the
owner was to consolidate surrounding lots; the current owner does not own any of the adjacent lots. As seen
in the image above, the lot is currently subject to the illegal dumping of trash. The trash dumped on the
property poses a potential threat to the health and safety of anyone who may enter the property or nearby
residents, because it attracts vermin, can harbor bacteria and parasites as it degrades, and poses a fire
threat. It is unlikely that the property owner will have any incentive to keep the property clean, since it is
vacant and is financially infeasible to develop.
----rro
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
OJ
Photo A-17: This industria/lot is located in the CCS Project Area and does not meet lot size requirements.
The lot is zoned for IL industrial use and is 19,420 square feet, less than the 20,000 square foot requirement.
On the Field Survey, a significant lack of parking was observed, as cars were parked two-deep and mixed
with boats and trailers. As seen in the image above, a boat is blocking the cars parked on the left side of the
image (there is a wall behind the cars), which would not be able to get out unless the boat was moved. Due
to the number of vehicles parked on the lot, access is limited. The lack of access may create a health and
safety threat to pedestrians and other motorists, as they maneuver in and out of the crowded lot and may
have obstructed sight lines. The lot and building house a repossession business, as seen in the image it
appears that the designated parking areas on the lot are being used to house repossesed vehicles, boats,
trailers, and other items. The nature of the business is to repossess and then store vehicles, but due to the
limited size of the lot, parking areas are being used as part of the business and not for parking.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
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Photo A-18: This industrial lot is located in the CCS Project Area and does not meet lot size requirements.
The lot is zoned for IL industrial use and is 12,167 square feet, which is less than the 20,000 square foot
requirement. As previously shown it is financially infeasible to development an industrial lot that does not
meet size requirements. For this reason it is likely the property will remain vacant and a visual nuisance to
the community. Additionally, the garbage and debris on the lot poses a potential threat to the health and
safety to anyone who may enter the property or nearby residents, because it attracts vermin, can harbor
bacteria and parasites as it degrades, and poses a fire threat. It is unlikely that the property owner wi II have
any incentive to actively keep the property clean, since it is vacant and financially infeasible to develop
without combining adjacent lots. The lot's owner does not own any of the adjacent lots that could be used to
consolidate into a larger lot which meets size requirements.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Photo A-19: This commercial lot is located in the CCS Project Area and does not meet minimum lot size
standards. The lot is zoned for CCS-1 commercial use and is 6,493 square feet, less than the 10,000 square
foot minimum. As seen in the image above, the parking and access area is limited and is being utilized-for the
storage of trailers, trucks, and inoperable vehicles, which further constrains the ability of employees and
patrons to park and access the building. The lack of parking and access creates a potential health and safety
threat to pedestrians and other motorists, because vehicles may need to back out of the parking lot or block
sidewalks. Additionally, the inadequate size of the lot has limited its capacity and may limit the owner's
ability to obtain rent which is equal to that of an adequately sized lot with sufficient parking and access.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Photo A-20: This residential lot is located in the CCN Project Area and does not meet minimum lot size
standards. The lot is zoned for RM multi-family residential use and is 1,800 square feet, 70% less than the
6,200 square foot minimum. Due to the inadequate size of the lot development is limited to one unit. In order
for the lot to be developed at its intended capacity, the owner would need to consolidate neighboring lots;
currently the owner does not own any of the adjacent lots. As seen in the image above, the building currently
on the lot is suffering from extensive deterioration and dilapidation. The Development Code requires new
homes be at least 1,000 square feet and cover no more than 50% of the lot, thus substantially or potentially
limiting the development of even one new home on the lot. These limitations suggest that the building
currently on the property will remain as a vacant and dilapidated structure, potentially reducing neighboring
property values and posing a potential threat to the health and safety of those in its vicinity.
180
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Counci[
Photo A-21: This industrial lot is located in the SEIP Merged Area A and does not meet minimum lot size
standards. The lot is zoned for IH industrial use and is 11,021 square feet, which is nearly 75% less than the
minimum of 40,000 square feet. As seen in the image above several cars are parked in areas without parking
stalls, indicating a lack of necessary parking facilities. The lack of parking facilities is likely caused by the
inadequate size of the lot and can potentially pose a threat to the safety of pedestrians and motorists. limiting
access in the event of a fire or medical emergency by blocking the flow of traffic. Also, as photographed
above, a truck is loading items in the public right-of-way and is blocking the flow of traffic creating a additioanl
safety hazard.
Lots of Inadeauate Size in Multiple Ownership
Section 33031(a)(4) defines a blighting condition as the existence of subdivided lots that are in multiple
ownership, the physical development of which has been impaired by their irregular shapes and inadequate
sizes, given the present general plan and zoning standards and present market conditions. The previous
section analyzed lots that do not meet size requirements based on the Development Code. This section
expands on that condition to analyze the number of lots which do not meet size requirements that are in
multiple ownership.
Table A-16 summarizes the number of subdivided lots in multiple ownership which do not meet size
requirements within Merged Area A. Multiple ownership was determined by isolating lots which do not meet
size requirements and that do not have an adjacent lot with the same owner.
Subdivided Lots of Inadequate Size in Multiple Ownership Table A-16
San Bernardino Merged Area A
CCS CCE M/CC CCN South Valle SEIP Tri-City Total
Commercial 73 12 5 1 6 8 2 107
Industrial 32 0 5 0 5 16 0 58
Residential 0 13 0 52 1 0 0 66
105 25 10 53 12 24 2 231
Source: First American MetroScan Information Service & San Bernardino City GIS
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
-....---... .--- .--...-..--...--..
Out of the total 497 lots that do not meet lot size requirements in Merged Area A, 231 (46%) are in multiple
ownership. Of the 269 commercial lots which do not meet size requirements in Merged Area A, 107 (40%)
are in multiple ownership. Similarly, 58 (44%) of the 131 industrial lots which do not meet size requirements,
and 66 (68%) of the 97 residential lots which do not meet size requirements are in multiple ownership.
The previous section presented pro forma analyses showing that it is not financially feasible to develop
commercial and industrial lots that do not meet size require.ments. The physical development of lots that do
not meet size requirements is impaired because it is highly unlikely that a developer would pursue a project
on one of these lots because it would not produce a return on investment, especially when they could instead
invest in a less constrained site. Therefore, lots would need to be consolidated in order to provide a site with
enough square footage to develop a building which is economically viable and would produce a return on a
developer's investment. Lots that are in multiple ownership are difficult for the private sector to assemble
and create a site large enough to support economically feasible development, due to the increased amount of
time and coordination to purchase multiple lots instead of a single lot. Redevelopment provides a tool to
assemble properties so that they can be redeveloped on lots that meet size requirements, making projects
economically feasible.
Exhibits A-16 and A-17 present the location of lots that do not meet size requirements that are in multiple
ownership.
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182
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
lOTS NOT MEETING SIZE REQUIREMENTS IN MULTIPLE OWNERSHIP-
NORTHERN PORTION
SAN BERNARDINO MERGED AREA A
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
_______u. __ ______ __R.~P9.rt_t?u~~~~~Y9r__a_rl.9_ ~_o.l!!~o.':! ~?~,"!~~I
Economic Burden on the Community from Inadeauate Sewer Utilities
According to CRL Section 33030(b)( 1), an area can be considered blighted if it is predominantly urbanized
and its sewer utilities are substantially inadequate to such an extent that it constitutes a serious economic
burden on the community that cannot reasonably be expected to be reversed or alleviated by private
enterprise or government action, or both. The northeast portion of the Tri-City Project Area is one such area
that is not currently served by any sewer utilities.
At $500 - $2,000 per linear foot, it would cost between $500,000 and $2,000,000 to bring a main sewer line in
proximity to the area. To then extend the line to serve the 83 acre area for any type of development would
greatly increase this sum. Without financial assistance, the significant costs associated with installing the
necessary infrastructure may hinder development of this area. Redevelopment funds can be used to alleviate
the lack of sewer utilities and therefore promote development in this portion of Merged Area A.
To illustrate the financial impact of the cost to improve missing or deficient infrastructure to develop a site, the
following pro forma, detailed in Table A-17, was prepared for a one story commercial structure located on a
435,000 square foot lot located at the corner of 6th Street and Del Rosa Drive, in the northeast portion of the
Tri-City Project Area. The pro forma was prepared using consistent assumptions as those of Table A-15 for
CG-1 zoning in the previous section, but is adjusted to reflect a larger lot size. larger building size, and more
parking. The cost to bring the main sewer line to the property is estimated to cost $4.5 million (4,500 feet at
$1.000 per linear foot).
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
---. . - _.,~ . .. -- _.~ --...
Commercial Pro Forma With Implementation of Sewer Utilities Table A-17
San Bernardino Merged Area A
Site Characteristics
Lot Square Feet 435,600
Lot Coverage Maximum 0.50
Number of Stories 1.0
Parking Area 108,900
Spaces (@ 300 SF per space) 363.0
Commercial Building (S.F.) 217,800
Project Cost SF/lJNITS/SP PER SF/SP IQIA1.
Acquisition Costs 435,600 $10.00 $4,356,000
Total Acquisition Costs $4,356,000
Construction:
Offsite/lnfrastructure/Utilities 435,600 $19.33 $8,420,148
Site Costs (including landscaping) 435,600 $2.00 $871,200
Parking (Surface; per space) 363 $1,381.68 $501,550
Commercial Building Cost (Shell) 217,800 $75.23 $16,385,094
FFE and Tenant Improvements 217,800 $10.00 $2,178,000
Contractor Fee & General Conditions 14.0% $16.83 $3,664,919
Contingency 10.0% $14.70 $3,202,091
Total Construction $161.72 $35,223,002
Total Land & Construction $39,579,002
% of $ per Bldg.
SOFT COSTS: construction SQ....E1. I21aJ
A&E I Consultant Fees 6.0% $7.21 $1,570,680
Public Permits & Fees 5.0% $9.09 $1,978,950
Taxes, Insurance, Legal & Accounting 3.0% $4.85 $1,056,690
Marketing 5.0% $8.09 $1,761,150
Developer Fee (G&A I Profit) 12.0% $19.41 $4,226,760
Contingency 10.0% $4.86 $1 059423
Total Soft Costs 33.1% $53.51 $11,653,653
FINANCING:
Construction Interest 6.5% $9.81 $2,137,266
Financing Fees 3.0% $5.45 $1 187677
Total Financing $15.27 $3.324.944
Total Project Cost $250.49 $54,557,598
Proiect Revenue
Gross Annual Rental Income 217,800 sJ. $24.00 $5,227,200
Less): Vacancv & Collection 15.0% of Gross Income (784,080
Gross Effective Income $4,443,120
Operating Expenses 7.5% of Gross Effective Income (333,234
Property Management 5.0% of Gross Effective Income (222,156
Reserves 3.0% of Gross Effective Income (133,294
Total Expenses (688,684
Net Operating Income $3,754,436
Cap Rate 8.00%
Total Proiect Revenue $46 930.455
(Less) Development Costs (54,557,598
Profit/CFeasibllitv GaD) ($7627 143
Source: See Annendix 3 - Pro Forma Sources and Assumotions
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
____________ ___ H_____ Rcp~rt_ ~()t_h?_ 0~y.()~._~~~~O~~9_~_ ~O~J~~il
As illustrated in Table A-17, the feasibility gap of the project is estimated to be $7.6 million, much of which is
due to the additional costs related to sewer infrastructure improvements. It is unlikely that a developer would
want to take on a project with such a large deficit without a financial subsidy or Agency assistance in
completing the infrastructure upgrades.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
. - _. -0 _._. _ ___
ECONOMIC BLIGHT IN MERGED AREA A
The previous discussion outlined the physical conditions of blight remaining within Merged Area A. CRL
Section 33031(b) describes the economic conditions that cause blight. In'order to show that Merged Area A
remains blighted, economic conditions of blight described in CRL Section 33031(b) were analyzed. These
economic conditions per the CRL are assessed in terms of depreciated property values, low lease rates, a
lack of commercial facilities, residential overcrowding, hazardous waste sites, an excess of bars and other
adult-oriented businesses, and high crime rates. In order to assess economic blight in Merged Area A, data
from brokers, market studies, DataQuick, Metroscan, GIS, EnviroStor, Geotracker, CERCLlS, the Police
Department, and other resources were collected and analyzed to determine what conditions may be
adversely affecting the health and safety of individuals in Merged Area A, as well as the economic viability of
Merged Area A and the community. The following discussion substantiates the seriousness of several
conditions of economic blight within Merged Area A. Exhibits A-18 and A-19 illustrate the location of
economic blight throughout Merg~d Area A.
raa
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
o
ECONOMIC BLIGHT - NORTHERN PORTION
SAN BERNARDINO MERGED AREA A
EXHIBIT A-iS
~ Economic Blight
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Depreciated or Stagnant Property Values
The CRL identifies depreciated or stagnant property values as conditions which cause economic blight. As
properties are reassessed upon sale, property values depreciate as sales prices decline. Decreased
assessed valuations negatively impact the amount of tax increment revenue allocated to the Agency, which
impacts the dollars which can be reinvested back into Merged Area A. Therefore, as property values
depreciate or stagnate, the economic vitality of the community declines. Declines in property values also
compound other factors that disincentivize investment in and maintenance of properties by owners.
The land use makeup of Merged Area A is predominantly commercial and industrial uses, although a
I M~-;ged ~-r~a A ---------------..--1,
rMiscellaneous
Land Use Breakdown 3% I
I
I
i
I
significant percentage of land is vacant
and undeveloped. As shown in the
adjacent chart, the primary developed
land uses in Merged Area A are office
(13%), industrial (19%), and retail (22%).
The average building price per square
foot of these three major land uses in
Merged Area A have significantly declined
as a result of blighting conditions in the
Project Areas and the economic
downturn, particularly when compared to
the remainder of the City.
i
!
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__._._........_.._____..............J
The following discussion examines and L
tChompare~ prope,rtYdsaleS values folrl the '
ree primary an uses, as we as
residential property, in Merged Area A compared to the City (citywide) and the cities of Riverside and Ontario,
and the market area to which they belong (East Inland Empire) over a five year period (2005 through 2009).
Commercial and industrial property sales values were derived using Metroscan Inc. data to determine building
square footage and sales prices of properties sold between 2005 and 2009. The average price per square
foot of building area ("psf/ba") was compared to determine if Merged Area A property values have depreciated
or remained stagnant over the five year period. Residential property values are based on the annual median
sales price of homes sold between 2005 and 2009. Median sales price values were provided by Dataquick
(2009) for Merged Area A and comparable market areas.
Commercial Prooertv Values
As described above, retail uses, industrial uses, and office uses are the most prevalent commercial uses and
account for over 50% of the total land uses in Merged Area A. The following analysis looks at the annual
psf/ba by land use type, between 2005 and 2009.
Commercial Retail Values
Merged Area A retail properties have depreciated in value between 2005 and 2009. The average 2009 price
per square foot sales value for Merged Area A decreased by 28% from 2005 values, as shown in Table A-18.
The remainder of the City also saw a dramatic decrease (24%) in sales prices during the same period.
Properties sold for under a quarter of the price they sold for five years earlier. Consistent with other parts of
Southern California, sales prices in both Merged Area A and the City experienced a significant increase in
value from 2005 to 2007, but then plummeted thereafter, also consistent with California's real estate trends.
Although trends in both Merged Area A and the City are similar, Merged Area A sales prices are on average
$27.44 psf/ba less th.an the City's average sale prices, indicating that Merged Area A has been more severely
impacted by reduced sales prices. Many economists and real estate experts, including authors Blair Newman
and Dave Mason, warn that property values will not see appreciation for the next five years. 34 Further,
34 Blair Newman, Dave Mason, "Economists disagree on what's ahead for Southern California: So Gal Real Estate News, November 4,
2009.
@8SG__
191-
o.
0,
0:
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
brokers surveyed by RSG expect sales values to bottom out or stabilize near 2005 values in the coming fiscal
years. 35
2005-2009 Commercial Retail Sales Analysis Table A-18
San Bernardino Merged Area A
2005 2006 2007 2008 2009 Five-Year %4
$/Bldg. SF %4 $/Bldg. SF %4 $/Bldg. SF %4 $/Bldg. SF %4 $/Bldg. SF Average 05-Q9
Merged Area ~ $ I . 171.51 I 2% i $ 175.47 i -52% i $ 84.44! -2% i $ 83.13 $ 126.09 -28%
115.93 i 48% ! $ . 200.71 I -48"/0 I $
City 2 $ 136.83 i 43% I $ . i $ 239.44 i -16% i $ $ 175.49
195.811 22% 104.64 -24%
Total Difference $ .. (20.9011 ! $ (24.3111 ! $ (63.9611 I $ (116.2711 1$ (21.51 $ (49.39
1 Represents the average sale price per building square foot for all properties sold within Merged Area A from 2005 to 2009.
2 Represents the average sale price per building square foot for all properties sold within San Bernardino (net of Project Area A) from 2005 to 2009.
Source: Metroscen, 2009
Among the hardest hit by declining retail sales values in Merged Area A is the CCS Project Area, as
illustrated in Table A-19. After showing tremendous gains in value between 2005 and 2007. retail values
plummeted by 65% between 2007 and 2008. This decline is drastic, especially when compared to the City,
which experienced only a 16% drop in value between 2007 and 2008. The four year average retail property
sale price in the CCS Project Area is $85.57 psflba less than the City's average. Additionally, no retail
properties were sold in the CCS Project Area during 2009, further indicating a declining commercial real
estate market in the area. As values decline and demand for commercial property in Merged Area A
diminishes, Merged Area A will continue to suffer economic blighting conditions and a lack of property
investment without redevelopment intervention.
2005-2008 Commercial Retail Sales Analysis - Central City South Table A-19
San Bernardino Merged Area A
2005 2006 2007 2008 Four-Year %4
$/Bldg. SF %4 $/Bldg. SF %4 $/Bldg. SF %4 $/Bldg. SF AveragJ 05-08
Central City So utA $ 35.71 i 256% ! $ 126.98 i 57% 1$ 199.041 -65% ! $ 68.79 $ 107.63 93%
I I I . I .
City2 $ 136.83! 43% 1$ I !$ 239.44! -16% ! $ $ 193.20 47%
195.81 I 22% 200.71
Total Difference $ (101.12. 1$ (68.831 : $ (40.39. :$ (131.92 $ (85.57
1 Represents the average sale price per building square foot for all properties sold within Central City South from 2005 to 2008. 2009 data unavailable.
2 Represents the average sale price per building square foot for all properties sold within San Bernardino (net of Merged Project Area A) from 2005 to 2008.
Source: Metroscan, 2009
Commercial Office Values
As depicted in Table A-20, office uses in Merged Area A have shown a 1 % decrease in per square foot sales
prices from 2005 values. Aside from a peak in 2007 (a 54% increase from 2006), office property sales prices
have stagnated around $85 psf/ba. Per square foot commercial-office prices in the rest of the City have
fluctuated from year to year but have consistently remained higher than those of Merged Area A.
The stagnation in property sale values can be attributed to low demand. As author James Kimmons writes in
his article "Real Estate Supply and Demand," property values are dictated by the supply of stock in a given
market and the demand for that stock.36 Where lower prices are determined by over-supply and under-
whelming demand, higher prices are determined by under-supply and over-whelming demand. Merged Area
A demonstrates this basic economic principle in that demand has not spurred an increase in price per square
35 "Market Update: Marcus & Millichap, 2009.
36 J. Kimmons, "Real Estate Supply and Demand," 2009.
@RSG
f92
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
foot values. To the contrary, the lack of demand has kept Merged Area A sales prices stagnant and
consistently lower than the rest of the City.
In 2007, office sales prices peaked at $138.08 psf/ba, climbing 54% from the previous year. Of the 1.02
million square feet of office space built between 2005 to 2009, 507,834 square feet (49010) was built in 2007.
Brokers surveyed have indicated that while new stocked resulted in increases in sales prices in 2007, sales
prices in 2008 ($88.44 psf/ba) dropped to 2006 values ($89.93 psf/ba). Indicating over-supply, sales prices
decreased dramatically in 2008 (36%), decreasing further still in 2009 (8%).
Grubb & Ellis, a leading real estate advisory firm, reports that office values are anticipated to decline further
as more commercial properties default on loans. The Inland Empire's telecommunication/information,
finance, and professional sectors have suffered extraordinary job losses (13,800 between February 2008 and
2009) and are continuing to default on commercial loans. Uncertainty as to when the office market will
rebound is further deterring investment and driving down value.37
2005-2009 Commercial Office Sales Analysis Table A-20
San Bernardino Merged Area A
2005 2006 2007 2008 2009 Five-Year %d
$/Bldg. SF %d $/Bldg. SF %d $/Bldg. SF %d $/Bldg. SF %d $/Bldg. SF Average 05-09
Merged Area to $ I i $ 89.93 ! 54% ! $ 138.O8! -36% ! $ 88.44 i -8% f $ $ 93.66 -1%
82.33 i 9% 81.59
City 2 $ 114.54 i I 143.23 i -21% i $ I 57% i $ 176.531 -50"/0 ! $ S 127.15 -23%
25% 1$ 112.771 88.66
Total Difference S (32.20~ IS (53.30~ : $ 25.30 I 1$ (88.0911 : $ (7.07 $ (33.49
1 Represents the average sale price per building square fool for all properties sold within Merged Area A from 2005 to 2009.
2 Represents the average sale price per building square fool for all properties sold within San Bernardino (net PAl from 2005 t02009.
Source: Melroscen. 2009
Industrial Property Values
Industrial land uses comprise 19% of the total land uses in Merged Area A. As depicted in Table A-21 ,
Merged Area A exhibited a slight increase in sale prices between 2005 and 2009 (5010), but prices have
steadily decreased since 2007. Between 2007 and 2008, there was a 13% drop in property values. Between
2008 and 2009, property sale values continued to depreciate resulting in a 48% decrease in value between
these years. In contrast, the City has appreciated (38010) in price over the five year period, despite a 25%
decrease between 2007 and 2008.
Historically, the psf/ba values of Merged Area A outpaced the rest of the City. This is no longer true. While
the City's 2009 psf/ba value is only nominally higher than that of Merged Area A ($.28 psf/ba), Merged Area A
once possessed rates that ranged from $5 to $25 psf/ba higher than the City (2005-2008). This circumstance
may be a result of reduced demand, increased competition, and/or depreciated values, but it clearly
demonstrates that Merged Area A has lost its competitive advantage over the remainder of the City.
2005.2009 Industrial Sales Analysis
San Bernardino Merged Area A
Table A-21
Merged Area A 1
City 2
Total Difference
2005 2006 2007 2008 2009 Five.Year %d
$/Bldg. SF %d $/Bldg. SF %d $/Bldg. SF %d $/Bldg. SF %d $/Bldg. SF Average 05-09
$ 23.09l 59% ! $ 36.681 48% 1$ 54.32 i -13% I $ 47.071 -48% ! $ 24.32 $ 37.10 5%
$ 17.84 i 67% 1$ 29.87 i 0% i $ 29.73! -25% ! $ 22.33 i 10% i $ 24.60 $ 24.87 38%
$ 5.24 j ! $ 6.81 I I $ 24.59 I : $ 24.74 I I $ (0.28) $ 12.22
1 Represents the average sale price per building square foot for all properties sold within Merged Area A from 2005 to 2009.
2 Represents the average sale price per building square foot for all properties sold within San Bernardino (net of Project Area A) from 2005 to 2009.
Source: Melroscan, 2009
37 .Office Market Trends," Grubb & Ellis Company, 2009.
@RSG
/93
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Residential Values
To evaluate residential property values the annual median home sale values were examined using 2009
information provided by Dataquick. Residential property values for Merged Area A have seen significant
declines from 2005 to 2009. As shown in Table A-22, Merged Area A has suffered a 62% decline in median
sales value from 2005. Median sales values in Merged Area A peaked in 2007 ($304,000), and began
dramatically declining in 2008. Exhibiting declines in sales values of 31% in 2008 and 52% the following year,
Merged Area A home values have suffered, especially when compared to Riverside and Ontario. While
Merged Area A fared better in 2009 than the rest of the City and the East Inland Empire market area, Merged
Area A did have the greatest decline in median sales value from one year to the next (52% from 2008 to
2009) than any of the other study areas. As sales prices for homes in Merged Area A decrease, the
associated re-assessment of property values dampens the amount of tax increment revenue generated that
can be reinvested into the community.
2005-2009 Median Home Sales Analysis Table A-22
San Bernardino Merged Area A
o/~
2005 %.11 2006 %.11 2007 %.11 2008 'Y~ 2009 2005,2009
East Inland Empire $ 137,203 -22% $ 107,242 -44% $ 60,100 15% $ 69,205 14% $ 79,083 -73%
Merged Area Al $ 266,000 10% $ 292,500 4% $ 304,000 -31% $ 210,000 -52% $ 100,000 -62%
San Bernardino 2 $ 262,750 20% $ 315,000 -2% $ 309,000 -52% $ 148,000 -46% $ 80,000 -70%
Riverside $ 383,500 10% $ 420,000 -2% $ 410,000 -38% $ 256,000 -30% $ 180,000 -53%
Ontario $ 368,000 10% $ 405,000 -4% $ 390,000 -35% $ 255,000 -25% $ 190,000 -48%
1 Data for Merged Area A was acquired by zipcode. Zipcodes include 92408,92401, and 92410
2 San Bernardino is inclusive of Project Area A
Source: Dataquick, 2009
Summary of Declining Property Values
Overall, Merged Area A is suffering from declining property values, resulting in negative or stagnant assessed
values. Indicative of the severity of plummeting property values is the action taken in 2008 by the former San
Bernardino County Assessor to preemptively review 381,000 residential properties to determine if their
assessed values should be lowered.38 This represented the first mass lowering of property assessments
since the real estate crash of the 1990's. As sales values decrease and assessed property values decline,
Merged Area A will receive reduced amounts of tax increment revenues to reinvest back into blight-
eliminating projects and programs in Merged Area A. As this trend continues, Merged Area A will continue to
decline and it will be come more difficult to attract private investment.
Impaired Property Values Due to Hazardous Waste
Pursuant to CRL Section 33031(b)(2), the impairment of property values due in significant part to hazardous
waste is an economic blighting condition. The CRL defines hazardous waste as any hazardous substance
that is defined in Section 25281(h) of the California Health and Safety Code. Hazardous waste can result from
manufacturing processes or discarded commercial products, such as cleaning fluids or pesticides.
The presence of hazardous waste contamination can often be a major impediment to the
redevelopment/development of properties commonly referred to as "brownfields." The US Environmental
Protection Agency ("EPA") defines "brownfields" as "real property, the expansion, redevelopment, or reuse of
which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or
contaminant. Cleaning up and reinvesting in these properties protects the environment, reduces blight, and
takes development pressures off green spaces and working lands. ,,39 Hazardous waste contamination can
severely delay and increase the cost for the disposition and development of property due to testing,
38 Berkman, Leslie, "Two Counties to lower property taxes on homes worth less than sale price: The Press Enterprise, May 17, 2008
39 US EPA <http.l/wwweps,Qov/brownfields>, January 8, 2010.
@~G
--,-
I 94
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
remediation, difficulty in resolving existing or potential liability issues, and difficulty in obtaining financing. As
a result of the lengthy and costly process to remediate a hazardous waste site, properties which are
contaminated are often left underutilized or abandoned. Redevelopment agencies can playa critical role in
putting these underutilized brownfields back into productive use as assets for the community. In California,
redevelopment agencies possess unique powers through the Polanco Redevelopment Act ("Polanco Act")
(AB 3193, Chapter 1113, Statutes of 1990) to reduce or eliminate the tegal and financial liability of
environmental contamination from a prospective developer of a brownfield site. Major projects like Petco
Park in Downtown San Diego would not have occurred without redevelopment assistance through the
Polanco Act.
In order to assess ongoing environmental contamination within Merged Area A, research was conducted
using the Department of Toxic Control Substance's ("DTSC") Envirostor database, the State Water
Resources Control Board's ("SWRCB") Geotracker database, and the EPA's CERCLlS database, as well as
the Agency's locally-assembled inventory of impacted sites. Hazardous waste sites found within these
databases have been compiled and presented in Table A-23 as well as Exhibits A-20 and A-21. Table A-23
shows a comparison of the total number of active and inactive hazardous waste sites that are located in
Merged Area A, and their proportion to the total number of active and inactive hazardous waste sites in the
City. As shown, Merged Area A contains 66.91 % of all inactive sites in the City, and contains 49.43% of all
active sites in the City. As Merged Area A comprises only 6.56% of the City's total acreage, the majority of
active and inactive sites are clustered within Merged Area A and represents a significant barrier to
redeveloping these sites.
Hazardous Waste Sites Table A.2.:.
San Bernardino Merged Area A
% of Total Activ Haz. % of Total Inactive Haz. % onotal
Location Acreage Acreage2 Waste Sites3 Active Sites Waste Sites4 Inactive Sites
Merged Area A 2,390 6.56% 129 49.43% 180 66.91 %
Citv of San BernardinO' 36,414 100.0% 261 100.0% 269 100.0%
1 Total values for City of San Bernardino includes Merged Area A
2 Represents Project Area A as a percentage of the total acreage in the City of San Bernardino
3 Active sites include any sites currently under assessment or remediation or have uses which were deemed permitted
4 Inactive sties include any sites which have been fully remediated and whose case status is considered closed
Source: City of San Bernardino, California Department of Toxic Substances Envirostor Database, California State Water Resources Control Board,
Geotracker database, and Environmental Protection Aaency CERCLlS database.
Recognizing the prevalence of brownfields in and around Merged Area A, in 2008, the Agency utilized an
EPA Communitywide Brownfields Assessment Grant to inventory, prioritize, and select brownfield sites for
environmental investigation, including Phase I and Phase " Environmental Site Assessments. The study
area, defined as the San Bernardino Greater Downtown Revitalization Area ("SBGDRA"), is approximately
7,608 acres in size. While not wholly contained within Merged Area A, nor wholly inclusive of Merged Area A,
the SBGDRA does provide insight as to the nature of contaminated properties within the City. Over half of the
SBGDRA target area could be characterized as blighted and/or underutilized and likely to be impacted by
hazardous waste.40 In the Agency's grant application prepared for the SBGDRA, it was reported that over half
of the non-residential properties in the target area are suspected of, or confirmed to have, varying levels of
contamination from hazardous substances, which pose a risk to the public health and environment of the
community. Significant brownfield sites in the SBGDRA include a manufactured gas plant, a foundry, and a
pesticide storage facility. The SBGDRA sites located in Merged Area A, in addition to the hazardous waste
sites compiled by RSG, are shown in Exhibits A-20 and A-21.
40 San Bernardino Redevelopment Agency, Hazardous Substances Application for EPA Communitywide Brownfields Assessment Grant.
ORSG
~ f95
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Data compiled by RSG indicated that the majority of active (open and permitted) and inactive (closed) sites
are clustered within the Central City Project Areas. Beyond just containing hazardous waste sites, the
northern portion of Merged Area A also contains tw041 of the City's 11 superfund sites. The EPA defines
superfund sites as being an uncontrolled or abandoned place where hazardous wastes are located. The
severity of contamination on these sites is measured and either placed on a National Priorities List (" NPL") or
not. Those sites on the NPL are considered serious offenders which impact the health, safety and general
welfare of surrounding community through the releases or threatened releases of hazardous substances.
Typically cost-restrictive, the cleanup of superfund sites can take years or decades before the sites are
suitable for development. To assist cleanup, redevelopment agencies have been granted authority to
determine three key aspects of any cleanup for a property located within a redevelopment project area.
Through the Polanco Act, the Agency can influence the sequence and schedule of remediation and
redevelopment activities in Superfund sites, influence cleanup guidelines, and work with EPA to determine
whether a responsible party's proposed cleanup plan is consistent with the guidelines contained in the
National Contingency Plan. 42 . 43 Although the Polanco Act entitles agencies the oversight to ensure
brownfields within project areas are remediated properly, it is still a time-intensive process. For instance, the
remediation of the Hanford Foundry Company site, located within the northern portion of the CCS Project
Area, has been ongoing since 1987. As hazardous sites are required to be remediated prior to sale and
development, the cost and length of time required to make a property development-ready can deter
remediation and private investment.
41 The two sites belong to the Southwest Metal Company and the Hanford Foundry Company. Neither site is on the National Priorities
List.
42 .Polanco Redevelopment Act Overview," Foley Lardner. 2009.
43 The National Contingency Plan is a set of nationwide standards for the cleanup of Superfund sites.
@RSG
196
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
HAZARDOUS WASTE SITES (Open/Closed) - NORTHERN PORTION
SAN BERNARDINO MERGED AREA A
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- ...--~ - .
Until remediation of brownfield sites occurs, redevelopment efforts will be hindered. According to J.C. Norby
& Associates, a professional real estate appraisal company, those who have purchased, invested in, or made
loans on real estate impaired by chemicals and toxic compounds faced devastating consequences. J.C.
Norby & Associates further note that, in many cases, the cost of remediation exceeds the property's market
value. Short of a full property appraisal, it is difficult to fully assess how hazardous wastes may impair the
property value of the affected site or the value of nearby properties. However, as reported by the National
Association of Realtors, the presence of hazardous waste and its associated stigma can seriously impact the
value of the subject property as well as the surrounding properties and neighborhoods.44 Furthermore,
authors Michael Greenberg and Justin Hollander argue that the time needed to remediate a site, proximity to
a contaminated site, and the type of contamination present are major constraints that can negatively impact
the value and/or marketability of the contaminated site and surrounding properties.45 According to William
Kinnard 46, the following criteria are commonly used for measuring the decreased market value of
contaminated properties:
1 . Cost to Correct
2. Reduced Marketability
3. Inability to Obtain Mortgage Financing
4. Reduced Net Operating Income
5. Higher Capitalization Rate
Common causes of site contamination in Merged Area A are auto- and industrial-related. Uses such as gas
stations, auto repair, dry cleaning, foundries, and recycling dominate Merged Area A and are known to pollute
sites with contaminants such as lead, gas, motor oil, as well as other volatile organic compounds and metals.
These contaminants have also been known to affect groundwater and soil as well as aquifers and wells used
for potable water. If contaminated, the health, safety, and general welfare of the City's residents are at risk.
To demonstrate impaired values, RSG developed pro forma analyses for a former gas station site in Merged
Area A containing hazardous waste. As shown in Tables A-25 and A-26, the pro formas present the total cost
of the site inclusive of remediation costs (Table A-25) and a similar site without contamination (Table A-26).
Assumptions mirror those of the prior commercial pro formas presented in the previous sections, however, the
lot square footage has been changed to reflect the actual site (41,800 sf), the building square footage has
been changed to reflect the maximum sized building which could be constructed (18,000 sf), the land
purchase price has been reduced due to the presence of hazardous waste, and a line item for remediation
costs has been included ($250,000). The remediation cost is a generalized figure and assumes the site
contains leaking underground storage tanks ("LUSTs") which have released petroleum-based contaminants
into the soil and groundwater. Cleanup costs for LUSTs vary from site to site based on the degree of soil
contamination, the number of tanks that must be removed, and the extent to which contamination of the
groundwater has traveled. Based on these factors, cost guidelines published by the SWRCB for the
Underground Storage Tank Fund47, and consultation with several brownfields consulting firms, a cost
estimate of $250,000 was used.
As shown in Table A-24, which summarizes the cost of development shown in Tables A-25 and A-26, a site
with hazardous waste will have an associated cost of $18.35 more per square foot to develop than a site that
does not contain hazardous waste. This value is significant, and can make development and/or remediation
of hazardous waste sites prohibitive.
44 Karen Swanson, "Field Guide to Effects of Hazardous Wastes of Property Values." National Association of Realtors. March 2007.
45 M. Greenberg, and J. Hollander, "Neighborhood Stigma Twenty Years Later: Revisiting Superfund Sites in Suburban New Jersey:
Appraisal Journal, 2006.
46 William N. Kinnard, "The Cutting Edge 1998," The Royal Institution of Chartered SUNeyors, 1998.
47 State Water Resources Control Board, "Cost Guidelines: Underground Storage Tank Fund (Final Draft)," 2001.
@RSG
199
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Commercial Parcel with Hazardous Waste - Pro Forma Table A-24
San Bernardino Merged Area A
SITE CHARACTERISTICS
Lot Square Feet 41 ,800
Lot Coverage Maximum 0.50
Spaces (@ 300 SF per space) 72
Commercial Building (S.F.) 18,000
PROJECT COST SF/UNITS/SP PER SF/SP TOTAL
ACQUISITION COSTS 41,800 $7.50 $313,500
Total Acquisition Costs $313,500
CONSTRUCTION:
Offsite/lnfrastructure/Utilities 41,800 $9.00 $376,200
Site Costs (including landscaping) 41,800 $2.00 $83,600
Parking (surface; per space) 72 $1,350.00 $97,200
Commercial Building Costs (Shell & TI) 18,000 $70.00 $1,260,000
FFE and TI 18,000 $10.00 $180,000
c;t';;flE!?8rdous."i$~~~emediation ' '>.$200;000
...1.,
Contractor Fee and General Conditions 14.0% $17 .48 $314,580
. Contingency 10.0% $14.23 $256,158
Total Construction $156.54 $2,817,738
Total land and Construction $3,131,238
%of $ per Bldg.
SOFT COSTS: construction So.Ft. Total
A&E / Consultant Fees 6.0% $7.49 $134,820
Public Permits & Fees 5.0% $7.83 $140,887
Taxes, Insurance, Legal & Accounting 3.0% $4.70 $84,532
Marketing 5.0% $7.83 $140,887
Developer Fee (G&A / Profit) 12.0% $18.78 $338,129
Contingency 10.0% $4.66 $83,925
Total Soft Costs 32.8% $51.29 $923,180
FINANCING:
Construction Interests 6.5% $12.16 $218,939
Financing Fees 3.0% $6.11 $109,907
Total Financing $18.27 $328,845
TOTAL PROJECT COST $243.51 $4,383,263
Source: See Appendix 3 - Pro Forma Sources and Assumotions
@RSG
noo
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
-< ~ ~-- -. --.-
Commercial Parcel wlout Haz. Waste - Pro Forma Table A-25
San Bernardino Merged Area A
SITE CHARACTERISTICS
Lot Square Feet 41,800
Lot Coverage Maximum 0.50
Spaces (@ 300 SF per space) 72
Commercial Building (S.F.) 18,000
PROJECT COST SF/UNITS/SP PER SF/SP TOTAL
ACQUISITION COSTS 41 ,800 $10.00 $418,000
Total Acquisition Costs $418,000
CONSTRUCTION:
Ofts ite/l nfrastructure/Utilities 41 ,800 $9.00 $376,200
Site Costs (including landscaping) 41 ,800 $2.00 $83,600
Parking (surface; per space) 72 $1,350.00 $97,200
Commercial Building Costs (Shell & TI) 18,000 $70.09 $1,261,620
Ffe and TI 18,000 $10.00 $180,000
Contractor Fee and General Conditions 14.0% $15.54 $279,807
Contingency 10.0% $12.66 $227,843
Total Construction $139.24 $2,506,269
Total Land and Construction $2,924,269
%of $ per Bldg.
SOFT COSTS: construction Sa. Ft. Total
A&E I Consultant Fees 6.0% $6.66 $119,917
Public Perm its & Fees 5.0% $6.96 $125,313
Taxes, Insurance, Legal & Accounting 3.0% $4.18 $75,188
Marketing 5.0% $6.96 $125,313
Developer Fee (G&A I Profit) 12.0% $16.71 $300,752
Contingency 10.0% $4.15 $74,648
Total Soft Costs 32.8% $45.62 $821,133
FINANCING:
Construction Interests 6.5% $11.24 $202,252
Financing Fees 3.0% $5.85 $105,271
Total Financing $17 .08 $307,523
TOTAL PROJECT COST $225.16 $4,052,926
Source: See Appendix 3 - Pro Forma Sources and Assumptions
@RSG
f101
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- - --- - ' -
Hazardous Waste Site Cost Comparison Table A-26
San Bernardino Merged Area A
Project Cost per bldg sf
Site with Site w/out
Haz Waste Haz Waste d
Former Gas Station Site
- (18,000 bldg sf) $243.51 $225.16 $18.35
Source: RSG, Eco & Associates
Considering the concentration of brownfield sites in Merged Area A, mitigation of active hazardous waste
sites is necessary to facilitate redevelopment in Merged Area A. If not remediated, contaminated properties
risk underutilization, impaired values, and continuing blighting conditions. The exorbitant costs associated
with remediation of an active hazardous waste site are a major deterrent to private investment.
Lease and Vacancy Rates
Pursuant to CRl Section 33031(b)(3), abnormally high business vacancies48 and abnormally low lease rates
are economic conditions causing blight.
Lease Rates
leasing data in market reports prepared by real estate brokerage firm Colliers International and Loopnet
show that Merged Area A had lower lease rates than the East Inland Empire Market Area ("Market Area")
average in the third quarter of 2009, particularly in the office and retail sectors.49 Market reports indicate that
decreases in port activity has reduced the presence of the large multi-national distribution companies that
historically occupied industrial space in the Inland Empire.50 Table A-27 presents lease rate information for
office, retail, and industrial uses in the Market Area and the San Bernardino, Riverside, and Ontario/Mira
loma sub-markets during the third quarter of 2009. lease rates in Merged Area A for office and retail sectors
are significantly lower than the Market Area. Lease rates in these sectors are also much lower than the San
Bernardino, Riverside, and Ontario sub-market areas. lease rates for office uses in the City of San
Bernardino are 16% less than the Market Area. Merged Area A office lease rates are 36% less than the
Market Area, even less than the City's low lease rate value.
While industrial activity has strengthened in recent years in the neighboring West Inland Empire market, the
East Inland Empire market, to which the City belongs, has not seen any improved performance. Experts
predict that until consumer demand and import activity at the ports of Los Angeles and Long Beach rebound,
the East Inland Empire market will continue to suffer. Market reports also indicate that sales activity of office
buildings in the Inland Empire has completely stalled, with rental rates continuing downwards as landlords
become less willing to allow vacancy rates to rise. The negative impacts on Inland Empire businesses have
affected the revenue stream of office property, which in turn has led investors to shy away from the Riverside-
San Bernardino metro areas.51
Retail lease rates in Merged Area A are lower than the Market Area and are significantly less than the sub-
market areas listed in Table A-27. Merged Area A retail lease rates are on average $1.45 psf/month which is
$.21 to $.40 less than other comparable sub-markets in the Market Area. Lower lease rates impact the
48 Vacancy rate information based on market reports are not specific to Merged Area A and are based upon citywide vacancy rate data.
49 The East Inland Empire includes San Bernardino, Colton, Ontario, Riverside, RedlandslLoma Linda, Perris, Moreno Valley, Corona,
and Rialto.
50 "Market Report -Industrial," Colliers International, Third Quarter, 2009.
51 "Office Research - Market Update," Marcus & Millichap, 2009.
@RSG
11"02
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
_ ..M Report ~o!_h~~ayor_and~ommon Council
assessed valuation of retail properties therefore affecting the amount of property tax revenue generated that
can be used to eliminate blight in Merged Area A.
Unlike office and retail uses, industrial lease rates in Merged Area A show a greater value than the Market
Area and comparable sub-markets. Brokers representing industrial properties in the City indicated that the
industrial lease rates are inflated due to a flood of new stock and pre-leasing rates, which is not an accurate
representation of the market. Many of these new industrial buildings remain vacant and brokers expect the
artificially inflated industrial lease rates to decrease to encourage occupancy. The industrial vacancy rate, as
discussed later in Table A-28, is 36.1 % in the City which is extremely high indicating that property is not being
leased.
Office, Retail, and Industrial Lease Rates - 3rd Quarter 2009 Table A-27
San Bernardino Merged Area A
.
Industrial
Office Retail (Warehouse)
Market Area Lease Rate Lease Rate 1,2 Lease Rate
East Inland Empire $ 1.97 $ 1.50 $ 0.32
Sub Market
Merged Area A' $ 1.26 $ 1.45 $ 0.49
San Bernardino $ 1.65 $ 1.66 $ 0.33
Riverside $ 1.95 $ 1.67 $ 0.35
Ontario $ 2.15 $ 1.85 n/a
1 Market report data from Colliers International not available for retail uses or Merged Area A. Data derived from
properties currently for lease recorded on Loopnet.
2 Market report data from Colliers International not available for retail uses and the East Inland Empire Rate is
based upon Loopnet lease rate data.
Source: Colliers International, 2009; Loopnet November 12,2009
Vacancy Rates
Table A-28 shows that vacancy rates vary between submarket areas compared to the Market Area average.
Industrial vacancy rates in the City are 35.6% higher than the Market Area and are much greater than the
Riverside sub-market (17.9%). Vacancy rates tend to be higher in areas that have higher lease rates and, as
illustrated in Table A-28 in the prior section, industrial lease rates in Merged Area A are greater than the
Market Area average. As noted by a broker for CB Richard & Ellis, the City's state of the art industrial stock is
not attracting tenants and is currently being out-competed by the cities of Riverside and Ontario due to issues
like transportation costs.
Conversely, office vacancy rates in the City are lower than the Market Area and the surrounding submarkets.
Although, citywide office vacancy rates are lower than surrounding areas, local real estate experts indicated
that vacancy rates reach upwards of 20% in some portions of Merged Area A. Particularly affected by high
office vacancies is the Tri-City Project Area, which includes a business park located on Carnegie Drive that
has lost 10 of 12 of its tenants.
@RSG
1103
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- -. --- - -
Office and Industrial Vacancy Rates - 3Q 2009 Table A-28
San Bernardino Merged Area A
Industrial
Office (Warehouse)
Market Area Vacancy Rat; Vacancy Rate
East Inland Empire 23.7% 23.3%
Sub Market
San Bernardino 16.6% 31.6%
Riverside 21.6% 17.9%
Ontario 33.1% n/a
1 Represents vacancy rates for the third quarter of 2009
2 Vacancy rate data for retail not available for the third quarter of 2009
Source: Colliers International, 2009
During the Field Survey, 149 parcels were noted as containing at least one vacant commercial and/or
industrial unit. While not comprehensive of all vacant units in Merged Area A, Exhibits A-22 and A-23
illustrate the location of parcels containing vacant units during the Field Survey. Only vacant units visible from
the street are identified on the map. Properties with multiple units for rent were only reported as one
parcel. Therefore, the number of vacancies in Merged Area A is expected to be greater than illustrated.
Vacancy and Lease Rate Summary
High office vacancies and low industrial lease rates 'are partially attributed to increased building activity in
Merged Area A between 2005 and 2009. The citywide year-to-date absorrtion rate is negative 66,100 square
feet, indicating that there is less demand for office spaces in the City. 5 The significant increase of office
space built in Merged Area A has oversaturated the market and forced building owners to lower lease rates to
avoid high vacancy rates in the new building stock. Marcus & Millichap, one of the nation's largest real estate
investment firms, reports that supply and demand of office space is significantly out of balance, with demand
continuing to weaken in the Riverside-San Bernardino markets.53
As previously discussed, industrial lease and vacancy rates in Merged Area A are much higher than
surrounding areas. The increased supply of industrial space resulted in a vacancy rate of 31.6% in the City.
Lease rates have not decreased for industrial uses and therefore vacancy rates are higher than surrounding
areas. Additionally the year-to-date absorption rate for industrial uses in the City is negative 593,900 square
feet indicating decreased demand for industrial properties. 54 Consequently, unless lease rates reduce to
optimal levels that increase demand, vacancy rates will continue to rise and further contribute to economic
blight in Merged Area A.
52 "Inland Empire Office Market Report", Market Report, Colliers International. Third Quarter, 2009, 3.
53 "Office Research - Market Update," Marcus & Millichap, 2009.
54 "Inland Empire Industrial Market Report", Market Report, Colliers International, Third Quarter, 2009, 3.
@RSG
1104
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
0,
VACANT PROPERTIES - NORTHERN PORTION
SAN BERNARDINO MERGED AREA A
EXHIBIT A-22
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Excess of Bars, Liquor Stores, or Adult-Oriented Businesses
An excess of bars, liquor stores, or adult-oriented businesses that has resulted in a significant public health,
safety, or welfare problems is a condition of economic blight pursuant to CRL Section 33031 (b)(6).
In 1955, an amendment to the State Constitution took effect, removing the duty of regulating the manufacture
and sale of alcoholic beverages from the State Board of Equalization and placing it in the new Department of
Alcoholic Beverage Control ("ABC"). The mission of the ABC is to administer the provisions of the Alcoholic
Beverage Control Act in a manner that fosters and protects the health, safety, welfare, and economic well-
being of the people of the State. ABC Investigators are peace officers under Section 830.2 of the California
Penal Code and are empowered to investigate and make arrests for violations of the Business and
Professions Code that occur on or about licensed premises. Investigators are further empowered to enforce
any penal provisions of the law in any place in the State. Licensees who violate State laws or local
ordinances are subject to disciplinary action and may have their licenses suspended or revoked. A
suspension of a license temporarily prohibits the licensee from engaging in sales of alcoholic beverages; a
revocation of a license permanently prohibits such sales.
Within Merged Area A, there are a total of 35 active liquor licenses, or 4.9 liquor licenses per 1,000 residents,
compared to a total of 346 liquor licenses, or 1.72 per 1,000 residents, in the rest of the City (See Table A-
29). Merged Area A licenses are clustered within the CCN and SEIP Project Areas. The licenses within the
SEIP Project Area are largely for national restaurant chains, and only one violation for the sale of alcohol to a
minor has occurred in the last year. Many of the licenses within the CCN Project Area, however, are related
to liquor stores, convenience stores, and bars and nightclubs. Businesses in the CCN Project Area have
received a greater number of ABC violations (7, or 3.5 per 1,000 people) in the last year. These violations
have included sales of alcohol to minors, false license fee, failure to provide books, exceeding limits of a
license, violation of a suspension, and failure to maintain a proper distance (in an adult establishment).
Liquor Licenses and Violations Table A-29
San Bernardino Merged Area A
Licenses Violations
No. of per 1,000 No. of per 1,000
Area Population Licenses people Violations people
Rest of City 201,131 346 1.7 70 0.3
Project Area A 7,204 35 4.9 9 1.2
CCE 1,594 0 0.0 0 0.0
MICC 560 3 5.4 1 1.8
CCN 2,025 7 3.5 7 3.5
CCS 248 3 12.1 0 0.0
SEIP 402 14 34.8 0 0.0
South Valle 1,741 2 1.1 1 0.6
Tri-City 634 6 9.5 0 0.0
Source: California Department of Alcoholic Beverage Control as of November 3, 2009
The median income of Merged Area A is significantly lower than surrounding areas and has a higher
concentration of liquor-selling establishments. Furthermore, the CCN Project Area has one of the lowest
median incomes in Merged Area A and has the highest concentration of establishments with liquor licenses
and violations. Various studies have shown that a high density of liquor licenses correlates with an increase
in crime and economic decline. 55 For example, a 2008 study of violent crime in Los Angeles before and after
55 Ventura County limits, "Evaluating the Impact of Outlet Density on Crime," June 2005.
@RSG
f107
Q
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
.... _.._.0...." _ _u........_.____. n.. ...._...o....~e.P?rt..~~_~~~o.~ay'~~~nd ~?~~~.~o ~~~~~Jl
the destruction of many alcohol outlets during riots in 1992 found that "the reduction in alcohol availability
within a census tract was associated with a drop in the assaultive violence rate at the census tract level."56 Of
particular concern is the prevalence of outlets selling single-serve containers of beer and malt liquor.
According to a 2006 study in Riverside County, sales of these beverages are correlated with an increase in
violent crime and gang activity. A 2008 survey of 'Outlets in San Bernardino found that 88 percent of outlets
sold this type of beverage. 57 Similarly, a 2009 RAND Corporation study found that "[a]lcohol outlets are
concentrated in disadvantaged neighborhoods and can contribute to adolescent drinking.,,58 Additionally,
according to the City's Police Department, liquor stores in the area are known to be targeted by gangs as
hubs for the distribution of illegal narcotics, thereby increasing crime in the area. As these distribution centers
are identified and closed, the gangs simply move on, pressuring new businesses to abet their distribution
networks. With gang activity on the rise in the immediate vicinity, liquor stores in Merged Area A may again be
targeted for this illicit activity. 59
Exhibits A-24 and A-25 present maps showing locations of liquor licenses within Merged Area A, overlaid with
reported Part 1 crimes in surrounding areas.
o
56 Qingzhao Yu et aI., "Multilevel spatio-temporal dual changepoint models for relating alcohol outlet destruction and changes in
neighborhood rates of assaultive violence: Geospatial Health, 2008, 172.
57 Coalition for a Drug-Free San Bernardino, "Single Serve Alcoholic Beverages:
O http://www.publicstrategies.org/PDF/20090805%20SSIB %20R5.pdf
58 Khoa Dang Truong and Roland Sturm, "Alcohol Environments and Disparities in Exposure Associated With Adolescent Drinking in
California: American Journal of Public Health, February 2009, 264.
59 District Resource Officer Joseph Valdivia, Telephone Conversation, December 3,2009.
@RSG
f108
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
0,
ALCOHOL SALES AND CRIME - NORTHERN PORTION
SAN BERNARDINO MERGED AREA A
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_ on..SrteAlcoholSales
_ On-SlleAlcoholSale-s
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MeadowbrooklCentrar City
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Sources CIty of San Bernam/oo GIS Departmeflt Metroscan
@R~~__
EXHIBIT A-24
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
High Crime Rate
CRL Section 33031(b)(7) states that a high crime rate
which constitutes a serious threat to public safety and
welfare is an economic condition that causes blight.
According to Agency staff as well officers who patrol
much of Merged Area A, high instances of crime
negatively impact the perception of an area and make
business owners and investors less willing to locate their.
businesses or start new ventures in the area because of
an increased level of risk. This perception of crime and
danger can also negatively impact property values which
can lead to disinvestment in a community where
property owners do not believe there is a benefit in
maintaining their buildings, furthering deterioration and
dilapidation.6o
Data received from the Police Department as well as the
FBI's Uniform Crime Reporting Database shows that
Merged Area A has a higher crime rate per 1,000
persons than the rest of the City (excluding Merged Area
A), as well as neighboring and nearby jurisdictions. The
data compares the rates of FBI Part 1 Crimes which are
uniformly categorized so the FBI may be able to track
crime rates consistently across jurisdictional and state
boundaries. Part 1 Crimes include: aggravated assault,
burglary, criminal homicide, forcible rape, robbery, theft,
and vehicle theft.
0,
2008 ;;;. 1 c;;';'~;-;;;i:OOii;;';;;;~;-Chart A-I I
~.,dA",^ F+. r~; =, II
Remainder of ~J':;;:"", 49.9 II I
San Bernardino City
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Highland
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Colton
Rialto
Rivers ide
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Crimes per 1,000 Persons
1 ,,_,.. _'.'00 ~.. ~~'-', '" ~,- ,- ,~.~ ~.~"_
--.--.- ..~. - -- - --- -- - - ~--
Ontario
Chart A-1 compares the rate of Part 1 crimes per 1,000
persons in 2008 for Merged Area A to the rates of nearby jurisdictions61. Merged Area A had a rate of 204.2
crimes per 1,000 persons, which was 309% greater than the rest of the City of San Bernardino. The
neighboring jurisdictions of Redlands, Highland, Colton, and Rialto, which are much smaller in population than
San Bernardino, all had much lower crimes rates than Merged Area A. The cities of Riverside and Ontario,
although not in the immediate vicinity, are similar in population to the City, but still had a significantly lower
crime rates than Merged Area A in 2008.
60 Jerome Rothenberg, George Galster, Richard Butler, and John Pitkin, "The Maze of Urban Housing Markets: Theory, Evidence, and
Policy," 1991, 249-288.
61 Data comparing jurisdictions is taken from the FBI Uniform Crime Reporting Database, which only reports full year data. The most
recent year available is 2008.
@RS_~__
()
1111
()
@RSG
o
o
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Table A-30 provides a summary of Part. 1 crimes in Merged Area A as well as the rest of the City for the
period of January 1 through October 31, 2009. The table also shows that 12.9% of all Part 1 crimes that were
committed in the City occurred within Merged Area A even though it occupies only 7.6% of the total land in
the City.
Summary of Part 1 Crimes in 2009 1 Table A-30
San Bernardino Merged Area A
% of Total San
Personal Property % of Total Bernardino land
Crimes Crimes Total Crimes Crimes Area 2
Merged Area A 101 1,092 1,193 12.9% 7.6%
Remainder of San Bernardino 975 7,099 8,074 87.1% 92.4%
9,267
1 Only includes crime data reported through October 31,2009
2 Includes public right-of-ways
Source: San Bernardino Police DeDartment
To further substantiate the disproportionate amount of crime that occurs within Merged Area A, the exhibits
below show that Merged Area A has significantly higher rates of both personal (violent) and property crimes
than the rest of the City. Charts A-2 and A-3 show that Merged Area A has personal and property crime rates
of 14.0 and 151.6, respectively, per 1,000 persons. These crime rates are 189% and 329% higher,
respectively, than the rates for the rest of the City.
r 1~~j9P;~~;rt;~~~es 'p~~'i~o-oOP-;;~~~;--- "-Ch~~'-~~3'" r-~:.~~;~-rson-;i-~::~s pe;'~,~oo'~;~-;;~~-------~~;~'~~;
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40 .j 35.3 4.0 .
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Property Crimes Property Crimes Personal Crimes Personal Crimes
--_.__.~------- ----~--- -~---------_._----_._.__._~--_._---_.._.~._.- ._-~
The disproportionately high crime rates that occur within Merged Area A demonstrate a serious threat to
public safety and welfare. District Reporting Officer Joseph Valdivia, who has many years of experience in
and around Merged Area A as well as the rest of City, agrees that the area has a significant amount of violent
crime, especially drug and gang-related crime. He also noted that, as the economy has declined, drug
dealing and thefts have been on the rise.
According to Officer Valdivia, pockets of significant gang and drug related crime exist along Sierra Way,
especially at Rialto Avenue, which is on the eastern border of the MICC Project Area. Gangs have been
heavily recruiting in the areas just east of Merged Area A and many crimes in Merged Area A may be
112
@RSG
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
_________ ... ________ .__ ~~Po.~_~~~~~0.~yO!:~_~~_~O~!TI_()_~_<:o~~c_~1
associated with this increased activity. Much of this type of violent crime tends to be focused around rental
housing as it allows drug dealers and gangs the ability to be transient. This is in line with the data reported by
the Police Department. Exhibits A-26 and A-27 show maps of all the Part 1 crimes for Merged Area A. The
M/CC, CCN, and CCE Project Areas, which are predominately residential and whose housing units are 73%,
70%, and 65% renter occupied, respectively, have higher concentrations of serious crimes than those that are
more industrial or commercial in nature. However, Officer Valdivia also mentioned that burglaries are on the
rise in the areas around Hospitality Road. Again this is consistent with the crimes shown in Exhibits A-26 and
A-27.
1113
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@RSG
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
SAN BERNARDINO MERGED AREA A
PART 1 CRIME - NORTHERN PORTION
EXHIBIT A-26
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Legend
2009 Part 1 Crimes
o Personal Crimes
. Property Crimes
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r-- Central City South
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
_ ______ __ _____._ _____._ ______.___~~p.~.rt to._~~~_~x?r_~!1~_~()~.~(),~ ~<!l!.~~i~
SUMMARY OF MERGED AREA A BLIGHTING CONDITIONS
Both physical and economic blight remain in Merged Area A placing an undue burden on the community.
Redevelopment assistance to address these conditions in Merged Area A continues to be critically necessary
to alleviate these conditions in Merged Area A. Without continued access to tax increment financing, it is
likely that many of these conditions will go unresolved and further decline will occur in Merged Area A,
particularly given the budgetary challenges of the City's General Fund. The proposed Merger and
Amendments would provide the Agency with additional financial capacity to remediate these blighting
conditions throughout Merged Area A.
Summary of Physical Blight
Physical blighting conditions remaining in Merged Area A include: unsafe and unhealthy buildings;
dilapidation and deterioration; faulty or inadequate sewer and water utilities; under-sized parcels hindering the
viable use of lots and buildings; and under-sized lots that are in multiple ownership.
Instances of dilapidation and deterioration pose a significant health and safety threat to residents, workers,
and patrons. Unreinforced masonry buildings existing in Merged Area A pose a significant threat to persons
who occupy such structures and are costly to retrofit. Merged Area A demographics have proven that the
capacity of residents to reinvest in their properties is hindered by a high poverty rate, low educational
attainment, and low median household income. There is also a high percentage of renter occupied units in
Merged Area A. Research indicates that property stakeholder or absentee landlords typically take minimal
care of their rental properties, which leads to the dilapidation and deterioration of structures. If not addressed,
deterioration will continue perpetuating dilapidation of additional properties. Redevelopment provides tools
and funding to provide incentives for property owners to invest in their properties, and creates avenues to
hold those property owners accountable for the maintenance and upkeep of their properties.
Faulty or inadequate sewer and water utilities exist in Merged Area A. Leaking septic systems and sanitary
sewer blockages that cause back-ups and overflows release harmful pathogens, bacteria, chemicals, and
other toxic pollutants adversely affecting the health and safety Merged Area A residents and workers.
Inadequate water utility infrastructure puts the safety of persons in low water pressure zones at risk where
there is inadequate pressure to provide fire protection. The lack of infrastructure also deters developers
because of costly improvements that detract from project profitability and thus hinders development. Due to
the high cost of infrastructure improvements, it is unlikely that developers and residents will be able to
eliminate these deficiencies on their own without redevelopment assistance. Tax increment revenue
generated in Merged Area A can be used to fund such infrastructure improvements.
Inadequately sized parcels are a major problem in Merged Area A; over one-fifth of parcels exhibit this
condition. The economic viability of under-sized residentially, industrially, and commercially zoned parcels
are significantly hindered by their size. Furthermore, 48% of these parcels are in multiple ownership making it
difficult for the private sector to assemble properties suitable for development. Redevelopment tools can be
used to help business and property owners assemble properties that support new development that is
economically feasible, while improving building conditions in Merged Area A.
Summary of Economic Blight
Economic blighting conditions remaining in Merged Area A include: stagnant or depreciated property values;
impaired property values due to hazardous waste sites; low lease rates and high vacancies; a high
concentration of alcohol-serving or selling establishments; and high crime rates.
Both residential and commercial property values are depreciated when compared to surrounding areas. The
median sales price of residential properties have declined Merged Area A. Similarly, commercial and
industrial property sale values are declining in Merged Area A. Decreased property values not only affect the
local jurisdiction's ability to provide services supported by property tax revenue or tax increment revenue, but
indicate an economic decline of an area. Furthermore, decreased property values discourage property
owners from making improvements to their properties. Redevelopment can provide economic assistance to
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
n___. __ .. _ __. __q___~eport t5-'the_~yor_~~d Com~on Counci_~
,.. - .....
rehabilitate or provide development subsidies as an incentive to invest or reinvest in such properties. As
economic conditions in an area improve, the related blighting conditions decrease.
The presence of hazardous waste significantly decreases the value of the property and hinders development
on such property. Merged Area A contains significant numbers of hazardous waste sites, including two (2)
Superfund sites. Such sites have significantly reduced property values and pose a health and safety threat to
Merged Area A residents and workers. The high cost and risk to remediate and redevelop contaminated
properties can often prohibit investment without redevelopment assistance. The Agency is currently
implementing a program to help address hazardous waste sites. Redevelopment funds may be used to
further assist with the cost of cleaning up hazardous waste sites.
Merged Area A commercial lease rates are much lower than surrounding areas. Low lease rates negatively
impact property values by decreasing the amount of income a property can generate, thereby diluting the
economic incentive to develop or locate businesses in the area. High vacancy rates in Merged Area A are
partially due to a weakened market and reduced port activity. High vacancy rates are indicative of the
economic decline of an area and reduced income generated by such property. These conditions of blight
deter development from occurring in the area. Redevelopment provides tools to market area businesses and
provide incentives to attract and retain businesses.
The high concentration of alcohol-serving establishments in Merged Area A cause major problems for the San
Bernardino Police Department and is a drain on resources. There is increased crime in this area as a result
of the overconcentration. Changes in uses through redevelopment can decrease the number of these types
of adverse uses.
Merged Area A has an extremely high crime rate that is significantly higher than surrounding areas. Crime
negatively impacts an area by providing a disincentive for people to invest in an area. Redevelopment tools
can be used to reduce crime and gang activity in Merged Area A.
CONCLUSION
Although Merged Area A contains individual parcels that no longer exhibit evidence of physical blight, they are
frequently in proximity to other parcels that are in disrepair. This checkerboard pattern of blighted and non-
blighted parcels, as shown in Exhibits A-4, A-5, and A-5, points to the fact that blighted parcels are not
concentrated in any particular neighborhood, which indicates that Merged Area A as a whole is negatively
impacted by the scattered pattern of blighted properties. Furthermore, conditions of economic blight, such as
crime or vacancy rates, affect large portions of Merged Area A and are not site specific. Photographs of
physical and economic blighting conditions are documented in Appendix 1.
Based on the research and analysis presented in this section, it is evident that Merged Area A continues to
suffer from various physical and economic blighting conditions. Although the Agency has made progress in
remediating some of the conditions of blight and there has been private investment in Merged Area A, further
actions and improvements are needed to alleviate current conditions. The Merger and Amendments propose
to increase current financial limitations, effectively increasing the Agency's ability to continue to actions
needed to eliminate blight from Merged Area A. By merging the Project Areas, the Agency will have greater
ability to leverage resources across Project Areas to eliminate blight throughout and for the benefit of the
entire Merged Area A and the community at large. Receipt of additional tax increment revenue provides the
Agency with additional capital to implement blight eliminating projects, thus alleviating current conditions that
are threatening the health and safety of persons who live and work in Merged Area A. These projects include
upgrading and improving public infrastructure, working toward the continued enhancement of property values,
enabling economic revitalization of commercial and industrial enterprises, and increasing, improving, and
preserving the supply of affordable housing.
CRL Section 33333.11 requires that a map be created identifying portions of the MICC and CCN Project
Areas that are no longer blighted and remain blighted, parcels that are necessary and essential for elimination
of remaining blight, locations where tax increment may be spent in Merged Area A during the 10-year
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
_, _ _ _. _ _ _ _, Report to t~~ May?r and CO~ITI?n C~~ncil
extension. Furthermore, CRL Section 33451.5 requires that the same map be prepared as part of the report
to State Department of Finance and the Department of Housing and Community Development. Exhibit A-28
is a map of Merged Area A illustrating the location of blighting conditions detailed in this Section, along with
parcels necessary and essential for the elimination of blight, and areas of Merged Area A that are no longer
blighted. Parcels necessary and essential for the elimination of remaining blight include parcels already
owned by the Agency that are slated for redevelopment and vacant parcels within Merged Area A. Inclusion
of these vacant parcels is necessary and appropriate because they are negatively impacted by the economic
blighting conditions previously described in this Section, and are located adjacent to or in the vicinity of other
blighted parcels. These vacant parcels are underutilized and, because of their proximity to other blighted
parcels, are unlikely to be developed to their highest and best use without redevelopment assistance.
Furthermore, the elimination of blight on adjacent parcels may require the development or use of these vacant
lots, making them both necessary and essential for the elimination of remaining blight.
f118
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
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BLIGHTED, NOT BLIGHTED, AND NECESSARY & ESSENTIAL FOR REDEVELOPMENT
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@RSG
SECTION B: PROJECTS AND PROGRAMS TO ELIMINATE BLIGHT
This section provides a description of the projects or programs proposed to eliminate the remaining blight,
how they will improve the conditions of blight, and the reasons why the projects or programs cannot be
completed without the Merger and Amendments.
While the Agency has been effective in eliminating blight through public facilities and infrastructure
improvements, site acquisition and clearance, and new construction and rehabilitation projects, significant
blight remains prevalent throughout Merged Area A, as detailed in Section A. The Agency will continue to
carry out consistent projects and programs in Merged Area A, but seeks to augment its financial capacity to
continue to implement a corridor-based approach to the elimination of blight. Rather than focusing on
piecemealed projects within individual Project Areas, the Agency's focus is to address blighting conditions
along key corridors in Merged Area A (e.g., Waterman Avenue, Baseline Street, Arrowhead Avenue,
Hospitality Lane, Orange Show Road), and invest in the revitalization of the City's "Downtown Core." The
Downtown Core is generally bound by 6th Street to the north, Waterman Avenue to the east, the 1-215
Freeway to the west, and Rialto Avenue to the south. It encompasses the southern half of Central City North,
almost all of Central City East and Meadowbrook/Central City, and a northern portion of Central City South.
See Exhibit B-1 below.
DOWNTOWN CORE VISION/ACTION PLAN STUDY AREA
SAN BERNARDINO MERGED AREA A
EXHIBIT B-1
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l120
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
DOWNTOWN CORE VISION/ACTION PLAN
The Downtown Core is currently home to local, regional, state, and federal government centers (e.g., City
Hall, County administrative offices, Courthouse, IRS, Consulate General of Mexico), the San Bernardino
Convention Center, an emerging Theater District, Carousel Mall, educational and workforce development
centers, a public transportation hub, Seccombe Lake, affordable housing, and other new development
projects. To cast a strategic vision for the revitalization of the Downtown Core, the City and Agency recently
completed the Downtown Core Vision/Action Plan in summer 2009, which created a visual simulation of the
Downtown Core's redevelopment potential. Key elements of the Downtown Core Vision/Action Plan include a
new intergovernmental civic center complex, a courthouse building, a night-time entertainment Theater
District with retail and restaurant uses, a transit village, Court Street Square, a Main Street retail corridor, a
new hotel to comp1ement the Convention Center, and new Seccombe Lake and Meadowbrook Park
residential and mixed use development projects. A vision poster of the preferred plan from a June 1, 2009
Common Council presentation is shown in Exhibit B-2 below.
EXHIBIT B-2
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The Downtown Core Vision/Action Plan casts a long-range revitalization strategy that will require significant
public-private investment and redevelopment tax increment financing to assemble land for development,
upgrade public infrastructure and utility systems to meet increased service demands, create new parks and
public transportation systems to serve future residents and visitors, and build affordable housing to create a
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/121
0,
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0\
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
balanced community. The catalyst projects and accompanying infrastructure improvements envisioned by the
Downtown Core Vision/Action Plan will eliminate blighting conditions by creating jobs, increasing income
levels, assembling and redeveloping blighted properties, replacing aged infrastructure, addressing
incompatible uses, increasing property values, remediating environmentally contaminated sites, reducing
office and retail vacancies, creating needed commercial facilities, and addressing uses that contribute to the
threat to the public health, safety, and welfare of residents in Merged Area A.
The proposed Merger and Amendments will allow the Agency to leverage and pool tax increment revenues
from the affected Project Areas to implement the Downtown Core Vision/Action Plan for the benefit of the
entire Merged Area A. New tax increment revenues generated from increased property values resulting from
property revitalization can be invested toward additional public improvements in the Downtown Core and
other parts of Merged Area A. The Agency estimates $75 million in project costs for implementation of the
Downtown Core Vision/Action Plan through the life of the Merged Plan. The proposed 10-year extensions of
the Central City North and Meadowbrook/Central City Project Areas are needed to: (1) Allow sufficient time
for the Agency to implement the long-range objectives of the Downtown Core Vision/Action Plan in those
Project Areas, particularly given the current temperature of the real estate market; and (2) Create sufficient
financing capacity in those Project Areas as redevelopment proceeds to finance public facilities and
infrastructure upgrades and facilitate key catalytic development projects. The proposed increases in the
Agency's limitations on tax increment collection and bonded indebtedness will ensure that the Agency has
sufficient financing capacity to fund redevelopment activities throughout Merged Area A, including the
Downtown Core.
Given the current economic climate and troubling trends in the real estate market, implementation of major
programs like the Downtown Core Vision/Action Plan cannot reasonably be expected to occur either by
private enterprise or governmental action alone, but only by leveraging the unique redevelopment powers and
financing capabilities of the Agency to create public-private enterprise activities. This is especially true now
as the City struggles to address its own general fund budgetary gap. With little to no new revenue streams
available to implement the Downtown Core Vision/Action Plan, the City will rely heavily on the Agency to
secure funding for next steps under the Plan. With increased financial responsibility to carry out major
projects and programs in Merged Area A, the proposed Merger and Amendments is necessary to ensure the
Agency has adequate financial capacity and tools to see these revitalization activities through to successful
completion.
PROJECTS AND PROGRAMS
In addition to Downtown Core revitalization, the Agency proposes to eliminate blight throughout Merged Area
A through the implementation of the following projects and programs along key corridors and at prime
opportunity sites. The following projects and programs also reflect the proposed capital improvements
projects that are required to be identified in the Merged Plan.
PUBLIC FACILITIES AND INFRASTRUCTURE IMPROVEMENTS
These projects and programs involve the replacement and upgrading of public facilities and infrastructure to
support existing uses and new development. Redevelopment activities include circulation upgrades and
street improvements, parks and recreation/community centers, public safety improvements, infrastructure
assessments/plans, utility improvements (e.g., sewer main replacement/relocation, high groundwater
table/liquefaction mitigation), flood control, bikeways and trails, and noise attenuation. The Agency estimates
$50 million in project costs for public facilities and infrastructure improvements through the life of the Merged
Plan.
ENVIRONMENTAL CONSERVATION
These projects and programs seek to increase the long-term viability, relevance, and cost-effectiveness of
existing and future buildings in Merged Area A. Redevelopment activities include solar and geothermal
building retrofits, research and development, and studies and plans. The Agency estimates $10 million in
project costs for environmental conversation programs through the life of the Merged Plan.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
_ . '.u_
ENVIRONMENTAL REMEDIATION AND BROWNFIELDS REVITALIZATION
These projects and programs seek to mitigate environmental threats to public health and safety, and
transform contaminated, underutilized properties, otherwise known as "brownfields," into productive assets of
the community. In 2008, the Agency was selected to receive two separate grants from US EPA for
Communitywide Browntields Assessments to inventory brownfield sites and conduct Phase I and Phase II
Environmental Site Assessments on priority sites with high revitalization potential. These grants can ideally
be used by redevelopment agencies as "seed money" to create comprehensive, proactive brownfield
revitalization programs. The Agency also possesses unique powers under the Polanco Redevelopment Act
(CRl Sections 33459-33459.8) to transfer and mitigate legal and tinancialliabilities that would otherwise deter
a property owner or developer from seeking to better utilize browntield sites. Redevelopment activities under
this projecUprogram, include community outreach, grant funding, and implementation of the sbX Bus Rapid
Transit Project, an interagency effort with Omnitrans, the regional transportation authority, to implement a bus
rapid transit system that would .traverse and interconnect 15.7 miles of the City, many portions of which
include right-of-ways containing environmental pollutants regulated by federal and state oversight agencies.
The Agency estimates $3 million in project costs for environmental remediation and brownfields revitalization
through the life of the Merged Plan.
LAND USE PLANNING TO GUIDE REDEVELOPMENT
These projects and programs involve updates to land use goals, plans, and policies needed to effectively
implement the Agency's redevelopment activities. For example, while the Downtown Core Vision/Action Plan
provides a visual simulation of the City's Downtown revitalization goals, it does not update the City's existing
General Plan designations or zoning to set forth new development standards and design guidelines
necessary to implement the vision. Preparation of a Downtown Core Specific Plan or Overlay would provide
the needed updates. land use plans also provide the framework for planning and financing infrastructure
upgrades that will support new development. The Agency estimates $2 million in project costs for land use
planning through the life of the Merged Plan.
PUBLIC TRANSIT
These projects and programs seek to increase public transit systems through Merged Area A. Most notably,
a key priority for the Agency will be the ongoing collaboration with Omnitrans to implement the sbX Bus Rapid
Transit Project. Redevelopment activities include sbX line right-of-way improvements, sbX stops, transit
stations, and transit-oriented development projects. The Agency estimates $15 million in project costs for
public transit through the life of the Merged Plan.
INFILL DEVELOPMENT PROJECTS AND AFFORDABLE HOUSING
These projects and programs involve site clearance, land assembly, and development of inti" projects in
Merged Area A, including affordable housing. Redevelopment activities include property acquisition, studies
and plans, and public facilities and infrastructure improvements to support infill projects. The Agency
estimates $75 million in project costs for infill development and affordable housing through the life of the
Merged Plan.
ECONOMIC DEVELOPMENT ACTIVITIES
These projects and programs seek to complement the Agency's goals for urban revitalization by supporting
economic development activities to expand and attract businesses to Merged Area A, and provide small
business assistance and development. Redevelopment activities include fac;ade improvement programs,
business outreach, Enterprise Zone administration, and efforts to augment benefits provided through the
Small Business Administration 7(a) loan Program. The Agency estimates $20 million in project costs for
economic development activities through the life of the Merged Plan.
NECESSITY OF MERGER AND AMENDMENTS
As described in the Introduction section of this report, the City's budgetary struggles this year has created an
increased City reliance on the EDA's tax increment funds to offset costs for capital improvement projects in
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
- .~ -
the Project Areas that would otherwise be funded by the City's General Fund. As the state's budgetary woes
continue, the fiscal crisis for local and state governments is not expected to be cured for at least another two
to three years. The residential foreclosure epidemic and struggling housing market has led to a significantly
high volume of Proposition 8 reassessments of residential properties in Merged Area A that have been
initiated by the County Assessor, as required by Proposition 8, and by individual property owners. These
reassessments result in lost tax revenues, including tax increment collected by the Agency. While the
residential market is beginning to show signs of recovery, economic forecasts and real estate market reports
forewarn of a looming commercial real estate crisis.
CONTINUING ECONOMIC AND REAL ESTATE CHALLENGES
In a September 16,2009 press release, "the UCLA Anderson Forecast conclude[d] that the worst recession in
seven decades likely ended in the 'third] quarter, but then state[d] that the negative impact of the downturn
will last well into the next decade." 2 The Anderson Forecast indicated that residential sales are increasing
and conditions are ripening for new residential construction. However, in a June 16, 2009 presentation63 at
UCLA Anderson's Economic Forecast Conference, the keynote address by Mike Kirby, Chairman and
Director of Research at Green Street Advisors, warned of a potential commercial mortgage debacle stemming
from commercial mortgage-backed securities ("CMBS"), similar to that of residential sub-prime lending. Kirby
pointed to the fact that "the pace of commercial mortgage originations exploded between '05 and '07 at the
same time that underwriting standards became extraordinarily loose," including "very aggressive loan-to-value
ratios amidst an environment where appraisals were often inflated and borrowing costs were well below
[2009] levels." Kirby explained that "a large portion of the '05.'07 loans - about $185 billion of the $600 billion
total - are scheduled to mature between 2010 and 2012, five years after origination." CMBS delinquency
rates and defaults are already on the rise and are expected to spike in coming years. While public real estate
investment trusts ("REIT") are expected to infuse new equity into the market as they did in the 1990s, the
positive effect on the commercial real estate market probably will not take effect for several more years. If a
major decline in the commercial real estate market occurs during the next several years, it is prudent to
assume that both Assessor-initiated and owner-initiated Proposition 8 reassessments will shift from the
residential to the commercial market.
The State Board of Equalization also recently announced that, for the first time in history since the passage of
Proposition 13, a negative inflation factor will be applied to assessed values. A November 30, 2009 news
release announced a negative inflation factor of -0.237 percent, based on the performance of the California
Consumer Price Index from October 2008 to October 2009.64 The news release stated that for homeowners,
''The decline in taxes owed will be about $2.60 per $100,000 in assessed value." Applied citywide,
countywide, and statewide, a negative growth factor in assessed value could have serious financial
consequences on local and state governments. Although the impact at the local and state levels have yet to
be quantified, it is reasonable to assume that a negative inflation factor in 2010 will further cripple the City's
ability to adequately fund capital improvement projects throughout Merged Area A. A heavy reliance on
Agency financial support by the City is expected to continue during the next several years.
DOWNTOWN CORE VISION/ACTION PLAN
A potential commercial real estate crisis during the next two years would delay the Agency's ability to partner
with private investors to implement projects and programs in accordance with the Downtown Core
Vision/Action Plan. The City's budget challenges also greatly hurt its ability to fund capital improvement
projects in the Downtown Core needed to make way for major projects and programs under the Downtown
Core Vision/Action Plan. As stated before, major progress toward implementing the Downtown Core
Vision/Action Plan cannot reasonably be expected to be made either by private enterprise or City action
62 "UCLA Anderson Forecast: Worst National Recession in Seven Years Likely Ended this Quarter, but Remains Impactful for the Rest of
the Decade." September 16. 2009. UCLA <http://uclaforecast.com/contents/archive/2009/media_91609_1.asp>.
63 Kirby, Mike. "Commercial Real Estate: Distress and Opportunity." PowerPoint Presentation by Green Street Advisors at UCLA
Anderson Economic Forecast Conference. June 16, 2009.
64 California State Board of Equalization, "Negative Inflation Spurs First Time Property Tax Reductions," November 30, 2009.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
ReP?rt _to the May?r and_ Colll_Jl1on Council
alone, without significant Agency involvement and investment. Even then, it may be another five years before
private developers and the lending industry are confident enough in the market to forge new partnerships with
the Agency in the Downtown Core. With Meadowbrook/Central City scheduled to expire in 2016, and Central
City North scheduled to expire in 2019, very little time would be left to effectively carry out redevelopment
activities within those Project Areas to implement the Downtown Core Vision/Action Plan. The 10-year
extension of those two Project Areas, and the ability of Agency to leverage tax increment from other areas
within Merged Area A, would significantly increase the Agency's likelihood for successful implementation of
major projects like a new Civic Center Plaza, a new hotel, Main Street retail, Court Street Square, and the
Theater District.
FISCAL STABILITY
The continuing loss of property and sales tax revenues to the City will continue the City's reliance on tax
increment funds in the near-term to support capital improvement projects in Merged Area A. This is the
primary reason for the addition of new capital projects to the Merged Plan. With the addition of those
projects, the Agency estimates $250 million in total cost for projects and programs through the life of the
Merged Plan. It is important to note, however, that the Agency's tax increment revenue streams are also
impacted by the reduction in assessed values. With little new construction being completed in Merged Area A
to generate additional tax increment, certain Project Areas that were already in fiscal despair would
essentially become obsolete without the Agency's ability to leverage funds between merged Project Areas for
the greater good of Merged Area A as a whole. The proposed increases in the Agency's tax increment and
bonded indebtedness caps are equally important. The increased caps will allow the Agency to add capital
projects to the Merged Plan, create financial stability across the Project Areas, leverage additional future
funds to implement projects and programs, and eliminate remaining blight within Merged Area A.
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B Method of Financing
.113....-....--------...----.--.----.-.-------.....-.---.--... --..--.--..-..-------.--- -,-----,-,'---'--"-----"------"'.'"
SECTION C: PRELIMINARY ASSESSMENT OF THE PROPOSED METHOD OF
FINANCING
Sections 33333.11 and 33352 of the CRL require the Report to include information ~:m the proposed method
of financing, including information on the economic feasibility of the project. This description shall also
identify sources and amounts of moneys other than tax increment revenues that are available to finance
projects or programs. Additionally, the description shall identify the reasons that the remaining blight cannot
reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both,
without the use of the tax increment revenues available to an agency because of the proposed amendment.
For the two 10-year extension Project Areas, CCN and M/CC, the description shall include the amount of tax
increment revenues that is projected to be generated during the period of the extension, including amounts
projected to be deposited into the Housing Fund and amounts to be paid to affected taxing entities.
The Merger and Amendments would address the needs of the Agency by making the following changes:
. Merge the CCN, SEIP, Tri-City, South Valle and CC Merged Project Areas (merged as Merged
Area A),
. Increase and set a single cumulative limit on the amount of tax increment revenues that may be
received from Merged Area A,
. Set a single cumulative bonded indebtedness limit for the Merged Area A, and
. Extend the effectiveness and period to receive tax increment revenue for the CCN and M/CC
Project Areas by an additional 10 years.
As described in the Introduction of this Report, the Agency's financial resources are constrained and
insufficient to address remaining blight in Merged Area A. Section A of this Report details significant blight
remaining within Merged Area A requiring the Agency's assistance to alleviate. Section B includes a list of
projects needed to continue to address and correct remaining conditions of blight in Merged Area A. The
estimated financial resources to fund blight eliminating projects and programs in Merged Area A totals $250
million, prior to financing costs. The Merger and Amendments to the Project Areas will provide the Agency
greater financial flexibility to implement redevelopment projects and programs.
PROPOSED METHOD OF CONTINUING TO FINANCE REDEVELOPMENT
The Merger and Amendments do not propose any changes to the existing financing methods available to the
Agency. The Agency intends to continue to finance redevelopment of Merged Area A with the following
resources (not in order of priority):
1. Tax increment revenue;
2. Bonded debt;
3. Proceeds from the lease or sale of Agency-owned property;
4. Participation in development;
5. Financial assistance from the City, County, State of California, andlor Federal Government; and
6. Any other legally available source.
The financing sources are described in more detail in the following discussion.
PROPERTY TAX INCREMENT
The Agency currently receives tax increment revenue from all Project Areas within Merged Area A. The
Agency will continue to use property tax increment revenue as provided for in Section 33670 of the CRL, and
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
__n__~__ _ Report to _th~e May~r an~ ~~rTl~()!:lJ=~~cil
as authorized in the Merged Plan, to underwrite project costs. Tax increment revenue will fund ongoing
redevelopment activities and to pay indebtedness incurred by the Agency. Indebtedness includes principal
and interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise)
incurred by the Agency to finance or refinance, in whole or in part, redevelopment activities.
Tax increment revenues will be allocated to address an array of Agency obligations. As required by Section
33334.2 of the CRL, 20 percent of tax increment revenue is deposited into the Agency's Housing Fund for the
purposes of increasing, improving, a!'ld preserving the community's supply of low and moderate income
housing. However, Housing Fund deposits will increase to 30 percent if a project area is amended to extend
the time limit on the effectiveness of its redevelopment plan and the collection of tax increment by 10 years.
As such, the Agency will be required to deposit 30 percent of the tax increment revenue generated in the
CCN and M/CC Project Areas into the Housing Fund upon adoption of the Merged Plan.
The net tax increment revenue, after setting aside deposits into the Housing Fund, will be used to pay for
Agency obligations to taxing entities and others, debt service costs, and other program expenditures such as
infrastructure, capital facilities, economic development, and blight removal programs.
BONDED DEBT
Under the Merged Plan, the Agency would continue to have the capacity to issue bonds and/or notes for any
of its corporate purposes, payable in whole or in part from tax increment revenue. Any bonds issued by the
Agency are the responsibility of the Agency, and neither the City nor its taxpayers are liable for debt service
on the bonds. Redevelopment bonds are typically issued based on current cash flows, without regard to
potential increase in revenue that may occur subsequent to the issuance.
LEASE OR SALE OF AGENCY-OWNED PROPERTY
The Agency may sell, lease, or otherwise encumber its property holdings to pay the costs of project
implementation.
PARTICIPATION IN DEVELOPMENT
If the Agency enters into agreements with property owners, tenants, and/or other developers that provide for
revenues to be paid or repaid to the Agency, such revenues may be used to pay project implementation
costs.
FINANCIAL ASSISTANCE FROM THE CITY,
COUNTY, STATE, AND/OR FEDERAL GOVERNMENT
The Agency may obtain loans and advances from the City for planning, construction, and operating capital.
The City may also defer payments on Agency loans for land purchases, benefiting the Agency's cash flow.
Such assistance may be employed to meet short-term cash flow needs. However, as described earlier in the
Report, the City has identified a General Fund budget shortfall of $4.9 million for fiscal year 2009-10. The
City is struggling to sufficiently fund necessary services and has inadequate resources to provide assistance
to the Agency at this time.
As available, other funds such as state-apportioned road funds, state housing and infrastructure bond funds,
state and federal transportation funds, will be appropriately used in conjunction with Agency funds for costs of
project implementation. The State of California's budget crisis continues to worsen as repercussions from the
nation's economic recession persists. As of January 12, 2010, the California Legislative Analyst's Office
reports that the 2010-11 Governor's Budget is proposing major corrective budget actions to address a
projected $18.9 billion budget gap.55
65 The 2010-11 Budget: Overview of the Governor's Budget
<http://www.lao.ca.gov/reports/201 O/bud/budgeCoverview/bud _overview _01121 O.aspx>.
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Although both City and State financial assistance are uncertain options for the Agency in the near future due
to current financial challenges, the Agency will continue to seek opportunities to obtain assistance as the
economy shows signs of recovery.
OTHER AVAILABLE SOURCES
Any other loans, grants, or financial assistance from the federal govemment, or any other public or private
source will continue to be utilized, as available and appropriate. The Agency will also consider use of the
powers provided by the CRL to provide construction and other funds for appropriate projects. Where feasible
and appropriate, the Agency may use assessment district and/or Mello-Roos bond financing to pay for the
costs of public infrastructure, facilities. and operations.
MERGER AND AMENDMENTS
Continued tax increment revenue, and the other financing methods described above, are necessary to
support blight eliminating projects and programs in Merged Area A. Given current economic conditions and
local and state budgetary constraints, the Agency's ability to eliminate remaining blight in Merged Area A,
through the projects and programs described in Section S, is heavily reliant on its financing and bonding
capacity from tax increment. The financial analysis contained in this Section of the Report concludes that, in
the absence of the Merger and Amendments, the Agency does not currently have sufficient financial capacity
to adequately fund the necessary blight eliminating projects in Merged Area A. The Merger and Amendments
provide both the necessary financial capacity to eliminate blight and the additional time required in the CCN
and M/CC Project Areas to implement the Downtown Core Vision/Action Plan, as described in Section S of
this Report.
The following discussion describes the current constraints to tax increment revenue generated in the Merged
Area A Project Areas and the effect of the proposed Merger and Amendments.
CURRENT MERGED AREA A TIME AND FINANCIAL LIMITS
Consistent with the CRL, the current Redevelopment Plans for the Merged Area A Project Areas contain time
and financial limitations that affect the Agency's ability to use and collect tax increment revenue. Table C-1
presents the current Merged Area A limits.
Current Project Areas Time & Financial Limitations Table C-1
San Bernardino Merged Area A
LaSt ua e to
Last Date to Incur Receive Tax Financial Limit on
Project Area Effectiveness of Plan Bonded Debt Limit Indebtedness 2 Increment Receivlno Tax Increment
1.75 X Annual Maximum
Central City North August 6. 2016 $40.000.000 Eliminated August 6, 2026 Debt Service
1.75 X Annual Maximum
South East Industrial Park June 21, 2019 $60.000,000 Eliminated June 21. 2029 Debt Service
T ri-City June 20.2026 $18.000.000 Eliminated June 20. 2036 $60,000,000
1.75 X Annual Maximum
South Valle July 9. 2026 $14,000,000 Eliminated July 9, 2036 Debt Service
Central City Merged 1
1.75 X Annual Maximum
Meadowbrook/Central Cily May 3. 2019 $50.000,000 Eliminated May 3, 2029 Debt Service
1.75 X Annual Maximum
Central City South May 3. 2019 $30.000.000 Eliminated May 3. 2029 Debt Service
1.75 X Annual Maximum
Central City East May 3. 2019 $25.000.000 Eliminated May 3, 2029 Debt Service
Notes:
1. Limitations are as indicated for each constituent Project Area
2. The limns to incur debt were eliminated pursuant to 33333.0(e)(2)(8) following the enactment of-5B211 (Chapter 741. Statutes of 2001). The limn corresponds to
the plan effectiveness limns of the Project Area
Source: Project SummerY Charts- San Bernerdino EDA
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
.____________ Report to the Mayor and Common Counc~l
Time Limit to Incur Debt: As shown in Table C-1, the Redevelopment Plans for the CCN, SEIP, Tri-City, and
South Valle Project Areas were amended in 2003 to eliminate the time limit to incur indebtedness pursuant to
Senate Bill 211 (Chapter 741, Statutes of 2001). The Redevelopment Plans for the Central City Merged
Project Areas were amended in 2010 eliminate the time limits to incur debt. The time limit to incur debt in
Merged Area A corresponds with the Redevelopment Plan effectiveness of each Project Area.
Time Limit to Collect Tax Increment Revenue: Table C-1 shows the current time limits to collect tax increment
and repay debt for each of the Project Areas within Merged Area A. The Merger and Amendments would
extend the Agency's time limit to collect tax increment and repay debt for the CCN and M/CC Project Areas
by 10 years (as discussed later in this Section). The time limit to collect tax increment for SEIP, Tri-City, South
Valle, CCE and CCS Project Areas would remain unchanged. Following adoption of the proposed Merged
Plan, the Agency may collect tax increment revenue from CCS, CCE and SEIP Project Areas until 2029; from
the CCN, South Valle and Tri-City Project Areas until 2036; and from the MiCe Project Area until 2039.
Financial Limit on Tax Increment: The current limit on the amount of tax increment that may be collected in
each Project Area, excluding the Tri-City Project Area, is equal to 1.75 times the Annual Maximum Debt
Service. This limit is difficult to track and is independent of project costs or projected tax increment receipt.
The Tri-City Project Area currently has a tax increment limitation of $60 million, of which approximately $43.7
million has been collected by the Agency to date. The Tri-City Project Area is anticipated to reach its tax
increment limit in fiscal year 2010-11 without the Merger and Amendments. Additionally, to comply with the
Bond Indenture, all increment from the Tri-City Project Area is currently being diverted to the Trustee to
ensure payment of debt service over the term of the bonds. The Merger and Amendments would establish a
more transparent and measurable cumulative tax increment limit for the entire Merged Area A, and ensure
that blight eliminating redevelopment projects in the Tri-City Project Area can continue to be adequately
financed through the Merger and increased tax increment limit.
Financial Limit on the Amount of Bonded Indebtedness Outstandina at One Time: As depicted in Table C-1,
each Project Area has a separate bonded indebtedness limit. Separate bonded indebtedness limits impede
the Agency's ability to effectively issue and track future bonds in Merged Area A. Additionally, the cumulative
bonded indebtedness limit, based on the current amounts established in each Project Area, totals $237
million and impairs the Agency's ability to issue adequate bonds to fund future projects. The Merger and
Amendments would establish a single increased cumulative bonded indebtedness limit for the entire Merged
Area A and ensure that the Agency has sufficient bonding capacity through the life of Merged Area A to
finance the necessary blight eliminating projects.
TAX INCREMENT REVENUE PROJECTIONS
A financial analysis of the Merger and Amendments inclusive of tax increment revenue projections of Merged
Area A was completed using the fiscal year 2009-10 Equalized Assessment Roll. The analysis compares the
amount of potential tax increment generated in Merged Area A with and without the time and financial limit
changes proposed by the Merger and Amendments. Table C-3 presents a preliminary forecast of Merged
Area A tax increment revenue generated under the existing time and financial limits. Table C-4 presents a
preliminary forecast under the proposed new limits of the Merger and Amendments. The forecasts are based
on the following assumptions:
1. Assessed Value Growth Rates: As a baseline, historical assessed valuation growth rates (since
inception) of each Project Area were analyzed to forecast future growth rates in Merged Area A. The
tax increment projections assume a 12 percent annual growth rate through the term each Project
Area may collect tax increment to repay debt. The growth rate is based on the maximum average
growth rate in Merged Area A since inception. This approaC'h provides a realistic and customized
approach to forecasting future tax increment revenue and bonded indebtedness limits in Merged Area
A. Table C-2 shows the historic assessed valuation growth rate and fiscal year 2009-10 assessed
values in each Project Area.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Merged Area A Historical Growth Rates Table C-2
San Bernardino Merged Area A
2004-2009 Inception-2009
5- Year Historical
Project Area Average Average
CCN 1% 4%
SEIP 9% 12%
Tri-City 18% 12%
South Valle 6% 7%
CC Projects 9% 4%
Average 10% 9%
Range 1% - 18% 4% -12%
2. Low and Moderate Income Housina Fund Set-Aside Revenues: As required by Section 33334.2 of
the CRL, the Agency deposits at least 20 percent of Merged Area A tax increment revenue in the
Agency's Housing Fund for the purposes of increasing, improving, and preserving the community's
supply of affordable housing. Upon adoption of 10-year extensions for the CCN and M/CC Project
Areas, the Agency's Housing Fund deposits for those Project Areas will increase to 30 percent,
beginning in fiscal year 2010-11.66
3. Pass-throuah Payments: Pass-through payments to taxing entities amount to approximately 30
percent of projected gross Merged Area A tax increment revenue. The actual amount of pass-
through payments vary based on the amount of tax increment revenue collected each year. The
Agency shares tax increment revenue with affected taxing entities based on two types of pass-
through payments, negotiated payments and statutory payments.
Two of the seven Project Areas proposed to be merged have existing negotiated tax-sharing
agreements with affected taxing entities. The Tri-City and South Valle Project Areas are subject to
negotiated agreements. For the Tri-City Project Area, the Agency entered into tax sharing
agreements with three taxing entities: Colton School District, Redlands Unified School District, and
San Bernardino Municipal Water District. For the South Valle Project Area, the Agency has a single
tax-sharing agreement with San Bernardino Municipal Water District. The Merger and Amendments
would have no effect on these existing agreements and the taxing entities would continue to receive
their agreed-upon shares.
In the remaining five Project Areas of Merged Area A, the Agency remits payments to affecting taxing
entities in accordance with statutory formulas set forth in Section 33606.7 of the CRL ("Statutory
Payments"), without negotiated payment agreements. The requirement for these Statutory Payments
were triggered by the SB 211 amendments rescinding the time limit to incur debt for these Project
Areas. Statutory Payments will continue for the duration of the timeframe to collect tax increment
revenue for each Project Area. The statutory formula is based on a tiered system, which is reflected
in the tax increment projections. Upon adoption of the Merger and Amendments, taxing entities with
written agreements for negotiated payments in the Tri-City and South Valle Project Areas will
continue to receive payments under the terms of those agreements, and will not receive statutory
payments.
66 Assuming adoption of the Merged Plan including the 10 year extension is adopted in fiscal year 2010-11.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
h________ __ _....Report ~o the Mayor and ComF!'()n Counei!
Based on the assumptions previously described, Agency tax increment revenue projections for each Project
Area have been forecasted and attached to this Report as Appendix 5. After Housing Fund set-aside
deposits and pass-through payments to affected taxing entities are made, net tax increment revenue will be
available for existing and new debt service obligations, eligible redevelopment projects such as infrastructure
improvements, development incentives, and other non-housing uses.
MERGED AREA A MERGER
As previously discussed, the Agency's financial capacity is constrained and the merger of the seven Project
Areas, proposed as Merged Area A, would allow the Agency to cover immediate obligations in the Project
Areas. The Merger and Amendments further allow the Agency to increase revenue available to pay current
debt service obligations and fund blight eliminating projects. The merger would also allow the Agency to
coordinate a more comprehensive approach to alleviating blight by implementing programs across Project
Areas and reducing overhead costs. To establish that the proposed merger of the seven Project Areas would
be of substantial benefit to the community and the elimination of blighted areas, summaries have been
prepared for each Project Area comparing tax increment projections based upon current time and financial
limitations, and tax increment projections based upon the Merger and Amendments. The summaries depicted
in Tables C-3 and C-4 include county administrative fees, Agency operation and administration costs, bond
debt service payments, pass-through payments, and other existing outstanding obligations of each Project
Area.
Table C-3 presents the tax increment revenue available to the Agency if the Merger and Amendments were
not adopted and is reflective of the Agency's current financial capacity in the seven Project Areas. As shown
in Table C-3, the Agency currently faces a deficit of approximately $1.5 million and $19.4 million in the CCN
and Tri-City Project Areas, respectively. Without the Merger and Amendments, the Agency will be unable to
pay its current outstanding obligations due from the CCN and Tri-City Project Areas. In addition, no funding
would be available for future projects and programs necessary to eliminate blighting conditions remaining in
these Project Areas. Tax increment revenue generated in the other Project Areas is therefore necessary to
eliminate blight and pay existing obligations in the CCN and Tri-City Project Areas. Additionally, the CCN, Tri-
City, and Central City Merged Project Areas other outstanding obligations total more than $34.5 million.
Merging the Project Areas will allow the Agency to decrease the amount of tax increment revenue needed to
pay other outstanding obligations within Merged Area A.
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
Projected Tax Increment Revenue by Project Area under Existing Redevelopment Plan limits Table C-3
San Bernardino Merged Area A
CCN SEIP Tri-Cltv South Valle CC Merged Total
Total Gross Tax Increment Revenue2 44.236.374 .' 265.539.387 6.609.247 180.932.939 172.372.987 669.690.933
Growth Rate Assumptions 12.0% 12.0% 12.0% 12.0% 12.0%
Less:
Housing Set Aside Obligations' 8.847.275 53,107.877 1.321.849 36.186,588 38.684.633 138.148.222
County Administrative Fees 110.591 663.848 16.523 452,332 430.932 1.674.227
Operation and Administration 2.211,819 13.276,969 330,462 9.046.647 8,618,649 33.484.547
Gross Non Housing Revenue 35.278.508 211,767.661 5.270.874 144.294.019 133.257,422 529.868.484
Obligations
Bond Debt Service' 9,074.531 42.659.174 19,848,103 9.948.260 26.178,520 107.708.588
Pass-through Payments 9.907.496 63.464.447 4.853.660 76.321.353 44.469.860 199,016.817
Other Outstanding Obligations5 17.823,849 31.338 - 24.310 17.556.216 35.435.713
Net Redevelonment Funds (1.527.367\ 105.612.702 (19.430.889\ 58.000.095 45.052.826 187.707.366
Notes:
1 Projections reflect the existing time and financial limits for each project area
2 Gross Tax Increment Revenue and associaied deductions based on RSG Projections (October, 2009)
3 20% of Gross TI revenues are deposited in'
4 Debt Service based on Agency's bond debt service schedule
5 Includes amounts due to other Droiect area's within the Aaency includino the Housino Fund
Table C-4 presents tax increment revenue. generated - under the terms of the proposed Merger and
Amendments. The proposed merger will enable the Agency to use resources from one Project Area for the
benefit of another Project Area and the entire Merged Area A. As shown in Table C-4, the Agency will also be
able to use tax increment from other Project Areas to cover deficits in the CCN and Tri-City Project Areas.
The Agency will also be able to reduce its other outstanding obligations by $19.3 million. Merging the Project
Areas increases the Agency's financial capacity and will benefit the community by allowing sufficient revenue
to address the blighting conditions described in Section A of this Report.
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.-- .-....--..
Projected Tax Increment Revenue by Project Area under Proposed Merger & Amendments Table C-4
San Bernardino Merged Area A
eeN SEIP Tri-<:itv South Valle ee Meraed Total Merged Area A'
Total Gross Tax Increment Revenue 161,578,398 265,539,387 500,669,880 180,932,939 258,929,573 1,367,650,177 1,367,650,177
Growth Rate Assumptions 12.0% 12.0% 12.0% 12.0% 12.0%
Less:
Housing Set Aside Obligations' 48,278,207 53,107,877 100,133,976 36,186,588 63,180,946 300,887,594 300,887,594
County Administrative Fees 403,946 663,848 1,251,675 452,332 647,324 3.419,125 3.419,125
Operation and Adm inistration 8,078,920 13,276,969 25,033.494 9,046,647 12,946.479 68,382,509 68,382,509
Gross Non Housing Revenue 112,896,245 211,767,661 399,284,229 144,294,019 195,101,303 1,063,343,458 1,063,343,458
Obligations
Bond Debt Service" 9,074,531 42,659,174 19,848,103 9,948,260 26,178,520 107,708,588 107,708,588
Pass-through Payments 49,179,035 63,464,447 204,885,288 76,321,353 70,921,798 464,771,922 199,016,817
Other Outstanding Obligations. 17,823,849 31,338 - 24,310 17,556,216 35.435,713 16,092,498
Net Redevelooment Funds 36,818,830 105,612,702 174,550,838 58,000,095 80,444,770 455.427,235 740,525,556
Notes:
1 Gross Tax Increment Revenue and associated deductions based on RSG Projections (October, 2009)
2 20% of Gross TI revenues are deposited in the Agency's Housing Fund from CCS, CCE, SEIP, Trl-City and South Valle project Area, 30% of Gross TI revenues are deposited into the
Housing Fund from CCN and the Meadowbrook! CC Project Areas
3 Debt Service based on Agency's bond debt service schedule
4 Includes amounts due to other project area's within the Agency as well as
5 Merged Area A projections assumes all amendments described in this section are adopted including eliminating the tax Increment limit for Tri-City Project Area
Pursuant to the CRL, mergers of project areas are desirable as a matter of public policy if they result in
substantial benefit to the public and if they contribute to the revitalization of blighted areas through increased
economic vitality of those areas.67 The Merger and Amendments provide a comprehensive approach to
meeting the Agency's financial needs. Merging the seven Project Areas into Merged Area A addresses the
'potential challenges of the Agency to alleviate both near and long term cash flow constraints in struggling
Project Areas by providing funding from economically healthy Projects Areas. By merging the Project Areas,
the Agency will be able to revitalize blighted areas through increased economic vitality of Merged Area A.
PROPOSED CUMULATIVE TAX INCREMENT LIMIT
The Project Areas within Merged Area A have separate limits on the amount of tax increment that may be
collected in each area. The Merger and Amendments are proposing to set a single cumulative tax increment
limit for Merged Area A. The Merger and Amendments will allow Agency funds to be cross collateralized
between the Project Areas and a single cumulative limit on the amount of tax increment revenue received by
the Agency will allow effective administration of the redevelopment program in Merged Area A.
As depicted in Table C-1, the CCN, SEIP, South Valle, and Central City Merged Project Areas are subject to
an annual cap of 1.75 times the maximum annual debt service paid by each Project Area. This means that
the Agency's ability to collect tax increment is directly proportional to its annual outstanding debt service
obligations and varies from year to year. Tax increment limits set in this manner are very difficult to track. A
single cumulative tax increment limit ensures taxing agencies are receiving a fair share of property tax
revenue and improves Agency transparency. The Tri-City Project Area currently has a tax increment limitation
of $60 million, of which approximately $43.7 million has been collected by the Agency to date. Without the
Merger and Amendments, the Tri-City Project Area is anticipated to reach its tax increment limit in fiscal year
2010-11 and will significantly affect the Agency's ability to pay existing obligations.
The proposed tax increment limit is based on the tax increment projections presented in Table C-3 and future
project cost estimates. Estimated project costs are based upon the projects and programs, detailed in
Section B of this Report, that are necessary to eliminate remaining blight in Merged Area A. The proposed
67 CRL: Section 33485
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tax increment limit assumes that 100 percent of the project cost will be financed through bonds and assumes
that the principal and interest payments are approximately three times the project cost.
Table C-5 shows the estimated financial need of the Agency for Merged Area A and the proposed tax
increment limit. The Agency is proposing a single cumulative tax increment limit of $2.5 billion that accounts
for actual past expenditures and projected costs for future redevelopment activities in Merged Area A. To date
the Agency has collected an estimated $300.7 million of tax increment revenue within Merged Area A. An
additional $1.98 billion, along with $198.1 million of contingency funds, are needed to implement future
redevelopment activities in Merged Area A.
Proposed Tax Increment Limit: Merged Area A Table C-5
San Bernardino Merged Area A
Tax Increment Collected to DateT 300,718,764
Projected Future Tax Increment Revenue2 1,367,650,177
Tax Increment Needed for Future Obligations: 1,730,605,451
Housing Fund Deposits 300,887,594
County Administrative Fees 3,419,125
Pass-through Payments 464,771,922
Existing Bond Debt SeNice 107,708,588
I Tax Increment Needed for Current Obliaations: 853,818,222 I
Future Bond Debt Service 750,000,000
Operations and Administration 68,382,509
Outstanding Obligations 35,435,713
Funds Needed for Redevelopment projects3 250,000,000
Total Tax Increment Required 1,980,605,451
Agency Reserves for Contingencies (10%) 198,060,545
Proposed Tax Increment Limit 2,500,000,000
Notes:
1 Total gross tax increment revenue collected from CCN, SEIP, Tri-City, South Valle, CC
Projects from the adoption of each Project Area redevelopment plan
2 Assumes tax increment revenue after the Merger and Amendment is adopted
3 RSG estimates $250 million will be needed to fund future redevelopment projects, these
projects are currently anticipated to be a hundred percent funded through bonds
Source: Agency Tax Increment Receipts and RSG Proiections 2009
PROPOSED CUMULATIVE BONDED INDEBTEDNESS LIMIT
As depicted in Table C-1, each Project Area has a separate limitation on the amount of bonded indebtedness
that may be outstanding at anyone time. Separate limits on outstanding bonded indebtedness hinder the
Agency's ability to administer and issue future bonds in Merged Area A. The Agency is therefore proposing to
establish a single cumulative limit on the amount of bonded indebtedness that may be outstanding in Merged
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... _..-._--_..._......-,---,--.. --. -~.__. - .-.- .,. -
Area A at any given time. The existing cumulative bonded indebtedness limit for the Project Areas that
comprise the proposed Merged Area A totals $237 million. The Agency estimates that future projects and
programs in Merged Area A will total $250 million. Therefore, increasing the bonded indebtedness limit will
ensure that the limit allows for maximum future bonding capacity to support projects and programs.
Table C-6 presents the proposed bonded indebtedness limit that may be outstanding at anyone time and
accounts for existing and future principal bond obligations. The outstanding principal debt shown includes
principal from the Agency's Housing Fund Bonds, and assumes that 36 percent of the principal payment is
derived from Merged Area A Project Areas. The proposed increased, cumulative Merged Area A bonded
indebtedness limit totals of $327 million.
Proposed Bonded Indebtedness Limit: Merged Area A Table C-6
San Bernardino Merged Area A
Outstanding Principal Debt 77,037,103
Future Principal Debt1 250,000,000
Proposed Bonded Indebtedness Limit 327,000,000
Notes:
1 Assumes that 100 percent of future project cost will be financed through bonds.
Source: Agency Debt Service Schedule
TEN YEAR EXTENSIONS FOR CENTRAL CITY NORTH AND MEADOWBROOKI
CENTRAL CITY PROJECT AREAS
The Merger and Amendments propose to extend the Redevelopment Plan effectiveness and time limit to
receive tax increment from the CCN and M/CC Project Areas by 10 years. CRL Section 33333.11 requires a
summary of the amount of tax increment revenue, including Housing Fund deposits and pass-through
payments. that will be generated during the 10 year extension period in each Project Area.
Table C-7 shows the fiscal implication of increasing the time limit for the CCN Project Area by 10 years.
During the 10 year extension period, the Agency will receive additional tax increment revenue in the amount
of $117.3 million from the CCN Project Area. Of this amount, approximately $35.2 million will be deposited
into the Housing Fund and $39.3 million will be paid to affected taxing entities.
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CCN: Summary of Additional Revenue from 10 Year Extension Table C-7
San Bernardino Merged Area A
FY 2009-10 through FY 2025-26 through Total
FY 2024-25 FY 2034-35
Gross Tax Increment Revenue 44,236,374 117,342,024 161,578,398
Housing Fund Deposits1 (13,075,599) (35,202,607) (48,278,207)
Administrative Fees (110,591 ) (293,355) (403,946)
Non Housing Revenue 31,050,184 81,846,062 112,896,245
Pass-through Payments (9,907,496) (39,271,539) (49,179,035)
Bond Debt Service (9,074,531) 0 (9,074,531)
Other Obligations (17,823,849) 0 (17,823,849)
Net Redevelopment Revenues (5,755,692) 42,574,522 36,818,830
Notes:
1 Deposits to the Housing Fund are 30% of gross tax increment beginning FY 2010-11
Table C-8 shows the fiscal implication of increasing the time limit for the MICC Project Area by 10 years.
During the 10 year extension period, the Agency will receive additional tax increment revenue in the amount
of $86.6 million from the MICC Project Area. Of this amount, approximately $26.0 million will be deposited into
the Housing Fund and $27.8 million will be paid to affected taxing entities.
IM/CC: Summary of Additional Revenue from 10 Year Extension Table C-8
San Bernardino Merged Area A
FY 2009-10 through FY 2021.22 through Total
FY 2020-21 FY 2030-31
Gross Tax Increment Revenue 29,956,350 86,556,587 116,512,937
Housing Fund Deposits1 (8,730,643) (25,966,976) (34,697,619)
Administrative Fees (74,891 ) (216,391) (291,282)
Non Housing Revenue 21,150,817 60,373,219 81,524,036
Pass-through Payments (5,582,182) (27,790,427) (33,372,609)
Net Redevelopment Revenues 15,568,634 32,582,792 48,151,427
Notes:
1 Deposits to the Housing Fund are 30% of gross tax increment beginning FY 2010-11
2 Net Redevelopment Revenues does not account for obligations which are shared by CC Merged Projects,
including bond debt service.
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.. ____.'___m_. Rep()rt to th_<<:_M.ayo~~nd ~()I1'l~()n CouncIl
REASONS FOR THE PROVISION OF TAX INCREMENT
Tax increment financing will continue to be an essential component of a successful redevelopment program in
the Merged Area A. As demonstrated in Section A of this Report, many blighting conditions are attributed to a
lack of financial incentives for new development and property rehabilitation. Lack of property maintenance
and reinvestment has resulted in physical decay within Merged Area A that cannot be remediated without
Agency assistance.
While there are other means to raise public funds without tax increment financing, these techniques would
ultimately result in higher taxes or increased development costs, both of which are counterproductive to
resolving the unique issues in Merged Area A. As earlier described, the recent economic environment and the
financial challenges of the City and State severely limit the potential for the Agency to receive assistance
funded from governmental sources. The Agency's main source of revenue for remediating blight in the
proposed Merged Area A is tax increment revenue. Upon adoption of the Merger and Amendments, an
estimated $740.5 million in net tax increment revenue will be available to the Agency to fund blight eliminating
programs and projects. The receipt of tax increment from the Merged Area A is essential to eliminating the
remaining blight in each Merged Area as outlined in Section A of this Report.
The provision of tax increment revenue must be included in the Merged Plan because other sources are not
available or are insufficient to finance the costs of redeveloping Merged Area A. Although the Agency will
attempt to use other available financing programs, these may not be viable for the type and amount of
improvements required. For example, certain public improvements could be financed by creating an
assessment district, but given the relatively low income levels of many residents in Merged Area A and limited
rental income for property owners, it is unlikely that the two-thirds vote needed under Proposition 218 to
effectuate an assessment district would be supported. Additionally, assessment and community facility
districts impose a financial burden that area businesses and potential developers may be unable to bear. As
indicated by the continued presence of blighting conditions, which can be found throughout the Merged Area
A, some property owners do not have the resources to maintain their properties, much less rehabilitate them.
Therefore, it cannot be reasonably expected that private enterprise acting alone would have the means to
accomplish redevelopment of Merged Area A. When adverse conditions are not addressed, the resulting
physical and financial impacts imposed by these conditions will exacerbate existing blighting conditions.
Tax increment financing provides a dedicated source of revenue for the Agency to invest in housing and other
redevelopment programs, without burdening property owners or residents with additional costs that they
cannot afford. Utilization of tax increment financing will provide the resources to develop a consistent and
direct approach to activities and programs needed to eliminate blight, provide for the improvement of
infrastructure, and aid in the expansion of Merged Area A economic base. The Agency does not currently
have, nor expects to have, the available financial resources to fund the magnitude of improvements
necessary to reverse the adverse conditions present in Merged Area A without the Merger and Amendments.
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1;1 Amended Implementation Plan
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SECTION D: AMENDMENT TO THE AGENCY'S IMPLEMENTATION PLAN
CRL Sections 33333.11 and 33352 require that the Agency prepare an amendment to the Agency's
Implementation Plan pursuant to Section 33490 of the CRL to incorporate any changes resulting from the
Merger and Amendments. The Agency adopted the 2009/10 through 2013/14 Implementation Plan and
Housing Compliance Component ("Implementation Plan") on December 7, 2009 by Resolutions No.
CDC/2009-65 and CDC/2009-66. The Implementation Plan includes Merged Area A and the proposed
Merger and Amendments will not change existing programs and projects.
The Merger and Amendments will impact the Agency's current Implementation Plan because the fiscal impact
and inclusionary housing production requirements of the 10 year extensions in the CCN and M/CC Project
Areas. An Amended Implementation Plan detailing amended revenue and program expenditures and
inclusionary housing production requirements will be presented at the public hearing for the Merger and
Amendments. The Agency's Amended Implementation Plan is included as Appendix 4.
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SECTION E: NEIGHBORHOOD IMPACT
OVERVIEW
CRL Sections 33333.11 (e )(9), related to the 10-year extension in the CCN and MlCC Project Areas, and
33352(m) require that this Report contain a neighborhood impact report that discusses the impact the Merged
Plan will have on low and moderate income persons or families in the following areas: relocation, traffic
circulation, environmental quality, availability of community facilities and services, effect on school population
and quality of education, property assessments and taxes, and other matters affecting the physical and social
quality of the neighborhood. This Section includes a discussion of all of the Project Areas that comprise
Merged Area A.
Additional issues that the neighborhood impact report must address include: the number of low or moderate-
income dwelling units to be removed or destroyed; the number of low or moderate income persons or families
expected to be displaced; the general location of housing to be rehabilitated, developed or constructed; the
number of dwelling units planned for construction or rehabilitation to house persons and families of low or
moderate income (other than replacement housing); the projected means of financing the aforementioned
dwelling units; and the projected timetable for meeting the Merged Plan's relocation, rehabilitation, and
replacement housing objectives.
Environmental Impact Reports ("EIRs") generally serve as a basis for the information required by this
neighborhood impact report. The Agency must complete an EIR as a part of the Merger and Amendments
process. Typically, the information contained in this section is prepared for the Report to the Common
Council, and is accompanied by the EIR for the project. However, in this case, this section is being prepared
in advance of the EIR. Therefore, data resources include the Initial Studl8 and other research completed as
the ErR is being prepared. A large portion of the environmental data has been obtained from the EIR the City
prepared in 2005 for its General Plan Update.59 As all proposed projects within Merged Area A must conform
to the City's General Plan, its EIR provides a reasonable basis for the following discussion. Finally,
information on affordable housing production, replacement, and related activities was obtained from the
Agency's Ten Year Housing Compliance Plan, adopted in 2009.
IMPACT ON RESIDENTS IN MERGED AREA A AND SURROUNDING AREA
The Merger and Amendments will not alter the boundaries of existing Project Areas, only merge them into a
single administrative project area. The proposed Merger and Amendment would generally provide for
additional funds to implement projects which have been or will be evaluated for purposes of CEQA (California
Environmental Quality Act, Public Resources Code Sections 21000 et seq.), within Merged Area A. Any
additional programs and projects will be evaluated through the necessary environmental processes, including
the EIR for the Merged Plan, and future project-specific evaluations as needed per CEQA.
RELOCATION
Merged Area A contains approximately 2,459 residential households, with approximately 63% of the
households occupied by low- or moderate-income persons or families. At this time, no foreseeable projects
have been proposed for Merged Area A that would involve displacement of low- and moderate-income
residents. However, should displacement occur in the future, eligible displaced residents will be offered
relocation benefits as required by law. Additionally, if future revitalization projects involve the displacement
68 City of San Bernardino. Initial Studv for the San Bernardino Redevelooment Proiect Area Mercer - Area A. RBF Consulting, November
11,2000.
69 City of San Bernardino. San Bernardino General Plan Uodate and Associated Soecific Plans Environmentallmoact Reoort. The
Planning Center, September 30, 2005.
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and relocation of low- and moderate-income residents, the displacement will be mitigated by any applicable
relocation assistance requirements (including financial payments and advisory assistance), and replacement
housing plan requirements of State law.
In summary, residents will not be displaced due to an Agency assisted development unless and until there are
suitable relocation facilities available for occupancy at rents or costs comparable to those paid at the time of
displacement, and/or affordable (pursuant to the CRL) to such residents. Prior to commencing projects that
may displace low/moderate income persons and households, the Agency will prepare a replacement housing
plan that complies with Section 33413(a) of the CRL. The Agency will assist residents in finding housing that
is decent, safe and sanitary and within their financial means, in reasonably convenient locations and
otherwise suitable to their needs. Any displacement which occurs as a result of Agency redevelopment
activities will be mitigated by relocation assistance including financial payments, advisory assistance, and
other assistance identified in the project-specific replacement housing plans as required by State Law relating
to Agency assisted developments. Additionally, the Agency will offer reentry opportunities where feasible to
existing business owners and tenants.
ENVIRONMENTAL QUALITY
The primary goal of the Merged Plan is to continue to improve the overall environmental quality of Merged
Area A by addressing existing deficiencies. The Merged Plan seeks to eliminate existing blighting conditions
and cause improvements including new development, revitalization of the downtown core, infrastructure
improvements, environmental conservation and remediation, and other public improvements. Future
development will be reviewed by the City and Agency to insure that architectural, landscaping, and urban
design principals are adhered to and that compatibility in land uses is maintained. Where required, more
specific environmental analysis will take place on a project by project basis per CEQA.
The EIR prepared for the City's General Plan, which includes Merged Area A, evaluated possible
environmental impacts on land use, public policy, transportation, air quality, noise, public services and
infrastructure, hazardous materials, hydrology and water quality, cultural resources, and visual and aesthetic
quality due to development up until 2030. The EIR concluded that some future development projects in the
City would result in significant unavoidable impacts on the following issue areas even with implementation of
mitigation measures:
· Reduced regional air quality,
· Increased noise levels, and
· Increased traffic.
These impacts however, were evaluated on a citywide scale. Though activities in Merged Area A may
contribute to these impacts, the EIR and General Plan provide policies for most impacts which will mitigate
the effects of projects exclusively attributed to Merged Area A. During implementation of any specific
redevelopment proposal in Merged Area A, an environmental analysis may be warranted as required by
CEQA.
TRAFFIC CIRCULATION
The Merged Plan proposes to include several projects related to circulation and traffic improvements,
including infrastructure construction and repair, pedestrian and bicyclist safety improvements, and
expenditures to foster mass transit ridership which could reduce the number of vehicles on the roadways.
These have been itemized and documented in the Capital Improvement Projects list included in this Report.
Generally, the improvements proposed by the Merged Plan will address both current and future circulation
and traffic deficiencies, and will be of benefit to those residing and working in Merged Area A.
The EIR completed for the General Plan considered levels of service at intersections, roadways, highways
and freeways; and further discusses transit options on Amtrak and the Southem California Regional Rail
Authority (Metrolink) rail services, and Omnitrans bus routes. Metrolink's San Bernardino Line, which serves
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the City through the historic Santa Fe Depot, is Metrolink's busiest line and connects the community with the
San Gabriel Valley and downtown Los Angeles seven days a week. Omnitrans bus service operates 21 fixed
routes Monday through Saturday, providing local transportation within and around the City. Omnitrans
updates its routes on a five year planning cycle through their Short Range Transit Plan. This allows for
adjustments to be made to better meet rider needs. Regional and national bus service is provided to the
greater area by the Southern California Rapid Transit District and Greyhound respectively.
The General Plan EIR studied Levels of Service (LOS) at various intersections and road segments in the City,
and RSG researched those that are within Merged Area A. Of the eight intersections within Merged Area A,
six of the intersections levels of service were within the City's acceptable standard of LOS 0 or better (LOS
range from "A", -being free flow-, to LOS "F", which is jammed conditions with excessive delays). Two
intersections currently operate at levels E or F during the morning or afternoon rush hours or both, but one of
these was projected to improve to a LOS 0 with implementation of the General Plan. The acceptable LOS on
roadways is level C. Of the four roadway segments within Merged Area A, one was identified as operating at
below acceptable levels, currently at LOS 0, but it will improve to a LOS A with implementation of the General
Plan. Finally, segments of Interstate 215 were also analyzed, with one section in Merged Area A that will
result in LOS E and LOS F during peak rush hours requiring that a lane be added to the freeway to mitigate
the General Plan impacts.
All new development and redevelopment within Merged Area A will be consistent with the General Plan which
controls the land use designations and intensities within Merged Area A. As such, the Merger and
Amendments will not alter or intensify the San Bernardino General Plan's land uses, traffic generation, levels
of service, or intersection capacities. Therefore, no traffic or circulation impacts are anticipated that have not
already been considered by the General Plan EIR. The implementation of redevelopment activities and
programs will, however, stimulate growth in Merged Area A and encourage new development and investment
from the private sector which will potentially result in increases in local traffic volumes.
The Agency has identified a number of public improvement projects that would improve access into and
around Merged Area A, and reduce existing safety hazards for motorists and pedestrians. These
improvements will not only serve existing residents and businesses within Merged Area A, but will help to
attract new private investment by improving safety, convenient access, and aesthetics. The capital
improvements proposed by the Merged Plan envision the expenditure of over $2,200,000 before 2016 on
public transit and circulation improvements to aid traffic flow in Merged Area A and provide a variety of viable
transportation methods. The majority of the funding is dedicated to supporting transit stations and transit-
oriented development, which provide convenient alternatives to vehicular transportation, reducing traffic
impacts as well as greenhouse gas emissions. Other possible improvements identified include construction
of bike paths and removal of abandoned railway tracks. Additional funds may be allocated as needed and as
they become available. Future projects would be subject to their own independent environmental review to
assess the potential for significant transportation impacts at the time they are proposed.
COMMUNITY FACILITIES AND SERVICES
As outlined in this Report, implementation of the Merged Plan and its proposed projects is expected to
significantly improve the City's existing community facilities and services. Moreover, the Merged Plan will
provide a financial mechanism necessary to fund projects that will upgrade existing and construct new
community facilities which are of benefit to Merged Area A, thereby benefiting all residents in the community.
The Merger and Amendments will increase the limit on the collection of tax increment and bonded
indebtedness, potentially making more revenue available to improve community facilities.
The General Plan EIR that analyzed environmental issues within the City addressed citywide impacts on
police protection services, fire and emergency medical services, libraries, parks and recreational facilities,
water supply, wastewater management, gas, electricity, telecommunications, drainage, and solid waste
services. No significant impacts were found or stated for any of the community services or public facilities.
The Merger and Amendment alone would not cause impacts to community services and facilities. However.
future impacts may occur as a result of implementing specific development within Merged Area A. These
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developments would be assessed on an individual basis prior to approval to evaluate specific impacts. The
following is a summary of the current level of service provided by the above listed community service
providers.
1. Police Services
The San Bernardino Police Department employs over 300 sworn officers, and about 150 civilians.
Police services provided include patrol, traffic enforcement, investigations, forensics, school resource
officer, and community service offices. Uniformed officers and community service officers respond to
approximately 1000 calls-for-service every 24 hours. Patrol of the city is divided into four districts;
Merged Area A is within both the southwest and southeast districts. Districts are further divided into
patrol beats. The Police Department began reorganizing the districts and patrol beats in 2008 to
better balance staffing levels with incidents and calls for service. Patrol beats will continue to be
evaluated and reorganized as needed to continue to provide the most efficient levels of service.
Further, the Police Department developed a Strategic Plan to help anticipate change and guide the
future of the Department. The plan is divided into three parts: service to the community, service to
the employees, and to ensure adequate resources. The Police Department prepares a report each
year outlining the Department's performance in meeting the goals from the prior year.
According to the General Plan EIR, additional facilities, equipment, and personnel will be added when
needed as growth occurs and revenue sources increase with new development. As discussed in this
Report, crime incidents in Merged Area A are significantly higher than in other areas of the City and
are a blighting condition. Through this Merger and Amendments, the Agency will be able to dedicate
more resources to the eradication of blighting conditions, including crime.
2. Fire Protection
The San Bernardino City Fire Department ("SBCFD") provides fire protection in the City of San
Bernardino, including Merged Area A. The SBCFD serves a resident population of approximately
202,000 and covers a diverse service area of 59.3 miles. The service area includes 19 miles of wild
land interface area, an international airport, a major rail yard, the County Seat, a jail, two major mall
complexes, and three major interstate freeways. Additionally, the SBCFD has mutual aid agreements
with the surrounding Cities of Loma Linda, Rialto, and Colton for support in the event of a major
incident. The total number of Emergency Operations Personnel is 161 divided among three platoons.
The current "On-Duty" strength per shift (total number of personnel available to respond to
emergencies including two battalion Chief Officers) is 53, spread among 14 companies. The average
personnel work week is 56 hours. The SBCFD performance goal is that 90 percent of all
emergencies be responded to within 5 minutes. Additional development could cause neighborhood
fire stations to exceed response time goals. There are currently 12 fire stations throughout the City;
but relocation of two existing fire stations has been identified as a way to increase performance
standards as funding becomes available. Further, the City will continually review development
proposals to ensure that projects will not adversely affect existing fire station services, and that new
development could be served within performance standards prior to the approval of any specific
development projects. New fire stations could be proposed in the future and would require CEQA
review.
3. Libraries
The San Bernardino City Public Library consists of one Central Library, which is located in Merged
Area A, and 3 branch libraries. The Central Library offers a variety of programs and facilities for public
use. The facility has six computers with internet access for reference purposes, a typewriter, a Public
Address system, a piano, and databases that can be accessed from home or the library for research
purposes. Additionally, this branch provides Cosand Computer Learning Center with 24 computer
workstations and workshops and classes on basic computer usage; and a Literacy Center that
provides small group tutoring and classes in Adult Basic Education, Families for Literacy, English as a
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Second Language, After School Homework, and Citizenship preparation to individuals who would like
assistance in such areas.
The library services outside of San Bernardino are provided by the San Bernardino County Libraries.
Residents of unincorporated areas of San Bernardino and from cities such as Highland, Rialto,
Fontana, and Lake Arrowhead have access to 29 County branches and over 1,167,000 volumes.
Services offered include Book Mobiles, Books by Mail, Interlibrary Loan, Library Literacy, and Youth
Services. All libraries within the City provide patron access to catalog via home computer, automated
library circulation system, and automated catalog for accurate, efficient control of materials, and
handicap access to library facilities. Because the City libraries and the San Bernardino County library
system are part of the Inland Valley Library System, residents can use any of the City or County
libraries within the County boundaries. Finally, the California State University of San Bernardino's
John M. Pfau Library also services the vicinity. The 49,205-square-foot facility includes more than
610,000 books, bound periodicals, and other print items. Community members not enrolled with the
University can access library services through a membership fee.
Implementation of the Merged Plan could result in intensification of development that may create an
increased demand for library services. The Division of Library Development Services of the State of
California identifies a standard for library inventory of 1.5 volumes per capita. The City's inventory in
2005 was 276,000 volumes, or enough to serve approximately 184,000 people - less than the City's
current population. The City therefore has identified the need for two new branches and the extension
of one existing branch. The General Plan contains policies directed towards increasing library
services.
4. Parks and Recreation
The City offers about 540 acres of parkland, five community centers, two senior centers, and two 18-
hole public golf courses and a private 18-hole golf course.. The City also provides some recreational
services at local schools, under joint resolutions adopted by the City Council and school district,
which allows schoolyard facilities to remain open in the daytime hours after school for recreational
use of the community. The City offers a variety of recreational programs including fitness, aerobics,
ballroom dance, golf classes, adult reading, ceramics/pottery and scrap booking, as well as senior
programs of bridge, billiards, crochet class, arts and crafts, watercolor, computers, exercise, dance,
the senior companion program, senior nutrition, and the retired senior volunteer program.
The San Bernardino General Plan identifies the amount of open space that should be designated for
parks and recreation as 5 acres of mini, neighborhood, community, and regional recreation lands per
1,000 persons. Based on this standard, there is an existing shortage of parkland in the City according
to the General Plan EIR. The General Plan contains a series of policies for meeting the desired
standard. Further, the City requires an impact fee as allowed by the Quimby Act to fund additional
parkland, so new development of residential units would generate funds to help offset the resulting
demand from new residents.
5. Gas, Electricity, and Telecommunications
Southern California Edison ("SCE") provides electricity to the City. SCE owns, operates, and
maintains both the aboveground and underground facilities. Most of SCE's facilities are located in the
street right-of-way. There are no known deficiencies in the delivery system according to the General
Plan EIR. The Southern California Gas Company provides service of natural gas. The Gas Company
owns, operates, and maintains underground gas lines in most of the public streets. There is no local
natural gas producing wells within the City; therefore, the supply of natural gas is imported. The
availability of natural gas is based upon present conditions of gas supply and regulatory policies.
Verizon and AT&T provide telecommunications services to both residents and businesses in the City.
New development would increase the net use of utilities in Merged Area A, but this would not result in
an adverse impact to utilities.
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. . - .
6. Storm Drainage
Storm drains and flood control facilities in San Bernardino are administered by several agencies: the
City, the San Bernardino County Flood Control District, the Army Corps of Engineers, and the San
Bernardino International Airport and Trade Center. Comprehensive Storm Drain Plans were created
by the Flood Control District, and are utilized by the City as well for the design of drainage systems.
In general, storm drain systems require regular maintenance, and the City has identified certain
improvements on its capital improvement projects ("CIP") list. However, based on the city-wide CIP
list, storm drain deficiencies are not a priority concern in Merged Area A at this time, and it is unlikely
that any additional growth caused through implementation of the Merged Plan will create significant
adverse impacts.
7. Solid Waste Disposal
The City's Refuse and Recycling Division of the Department of Public Services provides solid waste
collection throughout much of the City; and it is the County of San Bernardino Solid Waste
Management Division that is responsible for solid waste disposal through operation of six landfills.
State mandates require that local jurisdictions divert at least 50% of their waste through recycling,
com posting, or other means. According to the California Integrated Waste Management Board,
residential land uses in the City were responsible for disposing 58,454 tons of solid waste while
businesses in the City were responsible for 136,392 tons of solid waste resulting in a total of 194,846
tons of solid waste deposited in local landfills. With diversion, the average amount contributed to
landfills by each resident would be 2 pounds of solid waste per day or 730 pounds per year.
Employees/businesses produced 13 pounds of solid waster per person per day or 4,745 tons per
year after 45 percent waste diversion.
Regional planning for solid waste issues is conducted by the San Bernardino County Solid Waste
Advisory Committee, governed by the County Solid Waste Management Plan. The City has a
representative serving on the Solid Waste Advisory Committee. Any future solid waste facilities, such
as transfer stations and landfills, must be incorporated in the County Solid Waste Management Plan.
According to the General Plan EIR, solid waste collection is adequate and there is sufficient
remaining landfill capacity for some time if diversion goals are met or exceeded, with significant
capacity remaining at the San Timoteo Sanitary Landfill and the Mid-Valley Sanitary Landfill. It is
unlikely that future development facilitated by the Merged Plan would reduce the City's ability to
maintain solid waste management services or that it would negatively impact the City's ability to meet
its recycling goals.
8. Water
The San Bernardino Valley Municipal Water District ("SBVMWD") and the East Valley Water District
("EVWD") provide water to the City. Groundwater from the Bunker Hill Sub-basin is the primary
source of water, though some other sources are utilized including water imported through the State
Water Project. Both water districts maintain long-term planning initiatives to meet future demand.
Additionally, in accordance with the State Water Code, the City must maintain an Urban Water
Management Plan to ensure adequate supply and delivery of water. The SBVMWD distribution
system delivers water to over 151,000 residents in the City. SBMWD facilities include 60 active wells,
four treatment plans with capacity of 50 million gallons per day, 32 reservoirs with a total capacity of
more than 100 million gallons of domestic storage water capacity, 27 chlorination facilitates, and 66
booster pump stations. The distribution system includes approximately 551 miles of water mains,
41,317 active water meters and over 4,000 fire hydrants. The EVWD system facilities consist of
approximately 150 miles of pipeline, 13 wells, 14.2 MG of storage facilities, and 41 booster stations.7o
70 City of San Bernardino Municipal Water Department Water Facilities Master Plan, prepared by COM, dated August 2007.
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Any future development spurred by the Merged Plan will be consistent with the General Plan and the
planning projections developed for the Urban Water Management Plan. Efforts to improve water
supply are ongoing for all involved agencies.
9. Wastewater
The SBVMWD also provides wastewater service to the City through collection, processing, and
reclamation at the San Bernardino Water Reclamation Plant. Additional wastewater treatment is
performed at the Rapid Filtration and Extraction facility operated jointly by the City of San Bernardino
and the City of Colton. As of 2005, both treatment facilities were operating below capacity. However,
the amount of citywide growth projected by the General Plan will increase demand, exceeding the
capacity of the existing treatment facilities. According to the General Plan EIR, the wastewater
conveyance system operates through approximately 45,000 connections and 751,000 linear feet of
pipeline, and in 2005, about 6% of the pipelines had capacity deficiencies. However, as identified
earlier in this Report, certain severe issues have been observed by City staff in Merged Area A,
including cracks, restrictions in flow, and sagging sections. Maintenance of sewer conveyance and
treatment systems must be a continual process in order to ensure adequate service. The City's
General Plan identifies policies that address the need to maintain and increase wastewater treatment
and conveyance capacity, including regular updating of Sewer Capacity Fees. New development in
Merged Area A will be subject to Sewer Capacity Fees, which directly offset capital sewer costs
associated with the growth. Additionally, the Agency's use of tax increment to ameliorate blighting
conditions can help to fund wastewater improvements through projects identified in the Merged Plan.
In general, the Merger and Amendment will increase the Agency's financial capacity to more comprehensively
fulfill its goals under the Merged Plan, effectively implementing projects to ameliorate blight, including
measures that mitigate impacts on community facilities and services.
SCHOOL POPULATION AND QUALITY OF EDUCATION
The San Bernardino City Unified School District, Colton Joint Unified School District, and Redlands Unified
School District serve Merged Area A. According to the General Plan EIR, there is already a deficiency in the
San Bernardino City Unified School District ("SBUSD") facilities existing throughout the City, requiring that
their funding is leveraged to meet both current and future demands. The SBCUSD had a 2004-2005 total
student enrollment of 59,279 students. The capacity of the SBUSD for the 2004-2005 year was 46,727
students resulting in facility shortage for 12,552 students. Using the SBCUSD student generation rates, build-
out of the General Plan would result in a total student population for the City and SOl areas of 51,067
elementary school students, 12,285 middle school students, and 17,497 high school students, an overall
growth of 36.4 percent. Growth in the student population in the City and surrounding areas would necessitate
the need for additional school facilities and personnel within the SBCUSD, Colton Unified School District,
Redlands Unified School District, and Rialto Unified School District.
The impact of new development can be mitigated in part by the provisions of SB 50, which requires that
development fees be paid upon approval of any residential or commercial project within the City. These fees
would be directed toward maintaining adequate service levels, which include incremental increases in school
capacities which would reduce impacts to a less than significant level. Nevertheless, Merger and
Amendments does propose increasing the tax increment limit and bonded indebtedness limit which will
provide the Agency with additional capital to implement blight eliminating projects, including increasing
Merged Area A's supply of affordable housing. As a result of project implementation, it is reasonable to
expect gradual growth and an increase in the number of school age children within the Merged Area A. It
should be noted however, that all new development and redevelopment projects within Merged Area A,
whether implemented by the Agency or the private sector, are required to be consistent with the General Plan
which controls the land use designations and intensities. Accordingly, the General Plan contains relevant
policies and implementation measures pertaining to schools in order to mitigate the effects of new
development on schools and ensure the provision of adequate school facilities. Furthermore, during
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implementation of the Merged Plan, specific redevelopment proposals may warrant project specific
environmental analysis as required by CEQA, which requires an analysis of the project's impact on schools.
PROPERTY ASSESSMENTS AND TAXES
Each of the Project Areas currently collects tax increment. Property owners pay the same amount of property
taxes whether they are in a redevelopment project area or not. However, in general, taxable valuations of
property within and adjoining Merged Area A should increase as development and reinvestment occurs. New
development within Merged Area A will be assessed at market value, as determined by the assessor.
Regardless of whether property is in Merged Area A or not, the assessor may increase property valuations for
existing properties at the maximum rate of two percent per year allowed under Proposition 13. The assessor
will reassess the added value to property and improvements due to any new development or rehabilitation
that occurs. In cases where property changes ownership, the property will be reassessed at the value
established by the sales price. Additional levies resulting from the formation of special assessment districts
would increase property taxes within the assessment district, regardless of whether or not it is in Merged Area
A. However, such districts will require voter approval from those that live within the boundary of such district.
The Merger and Amendments will not add or delete territory from the individual Project Areas, though it will
merge them into a single project area. The Merger and Amendments will increase the tax increment and
bonded indebtedness limits from individual limitations to a single $950 million tax increment limit and $380
million bonded indebtedness limit from Merged Area A. Further, it will extend the effectiveness and term to
receive tax increment for the Central City North and Meadowbrook/Central City Project Areas. The
amendment of these financial limits does not affect the tax rate, but instead allows the Agency to increase its
financial capacity to issue bonded indebtedness and to receive tax increments generated by increased value
of Merged Area A property over the frozen base. This funding is used to pay for projects that eliminate blight,
and to repay Agency debts. A portion of the tax increment collected by the Agency will be paid to the County
and other affected taxing entities pursuant to CRL and all previously negotiated agreements.
RELOCATION AND LOW- AND MODERATE-INCOME HOUSING
The Agency has proactively created, preserved, and rehabilitated affordable housing in the Project Areas.
During the life of all Agency Redevelopment Plans, a total of 1,029 new affordable units are projected to have
been created. The Agency has also satisfied all replacement obligations to date. The Agency has aggregated
its housing obligations pursuant to the CRL, therefore any required new or replacement units may be located
in any Project Area. While low- and moderate-income housing units ("affordable housing units") are located
throughout Merged Area A, the majority of those created by the Agency are within the Central City North
Project Area.
Pursuant to CRL Section 33413(d)(1), project areas adopted before 1976 are exempt from the production
requirements previously described for very low, low, and moderate income housing. This exemption is
removed if a 10-year extension of the project area's effectiveness is adopted under CRL Section 33333.10.
MICC and CCN Project Areas were adopted in 197071 and 1973, respectively, and are amended by this
Merger and Amendments under CRL Section 33333.10. Therefore, housing units built in these Project Areas
will now generate inclusionary housing obligations. Additionally, since the Agency has aggregated its housing
production obligations across all Project Areas, affordable units produced in these Project Areas may be used
to satisfy obligations generated in other Project Areas in the City.
AFFORDABLE HOUSING UNITS TO BE DESTROYED OR REMOVED
The Agency is not proposing any projects at this time that will cause the destruction of affordable units in
Merged Area A. As such, a precise number of affordable units that may be destroyed cannot be identified.
However, it should be noted that with the passage of Proposition 99, the Agency may no longer acquire
owner-occupied residential properties through the use of eminent doman and transfer them to private owners.
Should the Agency acquire residential property through voluntary acquisition or eminent domain resulting in
71 Central City/Meadowbrook Merger Amendment
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. -- --. ",".. ......' _'d"..'''''' .._ n".__.._.."'.. "__"._
the removal of affordable housing units, the Agency will be required to construct, develop or rehabilitate, or
cause the construction, development or rehabilitation of, affordable housing units equal in number to those
destroyed or removed. These "replacement housing units" must be constructed within four years of their
destruction or removal, and must remain available at affordable housing costs to persons and families of very
low, low-, and moderate-income throughout the period of land use controls established in the Merged Plan.
Prior to commencement of any project that would result in destruction of affordable housing units, the Agency
would prepare a replacement housing plan as required by State law. The replacement housing plan would
identify how the Agency would meet the replacement housing requirements. The Agency has complied with
all replacement housing requirements to date.
PROJECTED DISPLACEMENT OF Low- AND MODERATE-INCOME PERSONS AND FAMILIES
As discussed above, the Agency is not able to identify specific projects that may result in future displacement
of low- and moderate-inc:ome persons and families over the remaining duration of the Merged Plan.
Regardless, in compliance with State law, prior to any displacement of low- and moderate-income persons
and families, the Agency would prepare a relocation plan that would identify how all potentially displaced
persons could be relocated.
NUMBER AND LOCATION OF REPLACEMENT HOUSING
Should housing units be destroyed or removed from the low- and moderate-income housing market by the
Agency, suitable replacement housing locations will be available within Merged Area A, other Project Areas,
or other areas of the City. The City Council and the Agency would take action as may be necessary to provide
such replacement housing. When the Agency acquires property, enters into a disposition and development
agreement, owner participation agreement or other agreement, or undertakes any other activities requiring or
causing the destruction or removal of housing units from the low- and moderate- income housing market, the
Agency will provide replacement housing required pursuant to Section 33413 of the CRL and replacement
housing plan pursuant to Section 33413.5. Through the Capital Improvements Projects list included in the
Merged Plan, Agency is proposing funding for transit-oriented development where feasible. Further,
underutilized sites throughout Merged Area A may be considered for infill housing where such development
would be compatible with surrounding uses. Both transit-oriented developments and infill housing could
provide ideal replacement housing opportunities if the need arises.
NUMBER AND LOCATION OF Low- AND MODERATE-INCOME HOUSING PLANNED OTHER THAN
REPLACEMENT HOUSING
As of 2009, the Agency has aggregated its inclusionary housing obligations to better facilitate development
and rehabilitation in the best possible locations. As of June 30, 2009, Agency had exceeded its inclusionary
housing obligation (pursuant to 33413 (b) of the CRL), with approximately 636 units in total, of which 537 units
are for very-low income, and the remaining 89 units are for low and moderate income. Despite the existing
surplus, the Agency has identified a number of potential opportunities to increase the affordable housing
supply in its current Housing Compliance Plan, adopted in 2009. These other opportunities are directed at
increasing the affordable housing supply through private entities and include the notice of funding availability
program, homebuyer assistance, and tax credit procurement assistance. As these programs will be made
available to private entities or individuals, the amount of units generated through these programs is not
quantifiable.
FINANCING METHOD FOR PROPOSED Low- AND MODERATE-INCOME DWELLING UNITS PLANNED FOR
CONSTRUCTION OR REHABILITATION
Not less than 20 percent of all taxes which are allocated to the Agency pursuant to Section 33670 of Article 6
of the CRL for existing redevelopment project areas that do collect tax increment within Merged Area A will be
used for purposes of increasing, improving, and preserving the supply of low- and moderate-income housing
available at affordable housing cost to persons and families of low- or moderate-income and very low-income
households. Not less than 30 percent of all taxes collected by the Agency in the Meadowbrook/Central City
and Central City North Project Areas will be used for these same purposes. This source of funding will be
utilized for assisting in the financing of construction or rehabilitation of affordable housing units. These funds
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are typically used to leverage other funding sources including private equity and debt, State and Federal
affordable housing tax credits, HUD and State HCD loans and grants, Prop 1 C and HOME funds.
TIMETABLE FOR PROVISION OF RELOCATION, REHABILITATION, REPLACEMENT AND INCLUSIONARY
HOUSING
If replacement housing is required, the units will be provided within four years as required by Section 33413
(a) of the CRL. All inclusionary housing requirements will be met within the time frames required by Section
33413, 33490, and 33334.4 of the CRL. The timing for any housing rehabilitation will be linked to the
availability of the funds and the level of participation by qualified owners. The relocation plan(s} prepared by
the Agency for a particular development activity shall contain schedules to insure comparable replacement
housing is available in accordance with the requirements of the CRL and the State Relocation Guidelines.
OTHER MATTERS AFFECTING THE PHYSICAL AND SOCIAL QUALITY OF THE ENVIRONMENT
The Merged Plan is intended to preserve and revitalize the existing residential neighborhoods in the City and
provide for infill housing where appropriate. These actions are more thoroughly discussed as a part of the
Agency's Ten Year Affordable Housing Compliance Plan, which identifies the Agency's primary goals of
investing in, promoting, and producing affordable units; engaging the community; and providing housing
accessible to all families.
f148
II Description of Merged Area A Bonds
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SECTION F: DESCRIPTION OF MERGED AREA A BONDS
CRL Section 33333.11 (e) requires a description of each bond sold by the agency to finance or refinance the
redevelopment project prior to six months before the date of adoption of the proposed amendment, and listing
for each bond the amount of remaining principal, the annual payments, and the date that the bond will be paid
in full. This requirement is the result of the 1 O-year extension of the CCN 'and M/CC Project Areas and lists all
six bonds sold by the Agency that are supported by tax increment revenue in Merged Area A.
1998 SERIES A REFUNDING BONDS
The Agency issued $19,000,000 of tax allocation refunding bonds Series A in 1998, consisting of serial bonds
with varying interest rates from 3.600% to 5.750%. Interest is payable semiannually on January 1 and July 1.
Serial bonds mature annually on July 1 through July 1, 2020.
The debt service principal and interest payments are pledged from the Agency's Tax Revenues from the
Central City Projects. Table F-1 below shows the outstanding principal and payments on the bonds as at the
beginning of FY 2009/1 O.
1998 A Tax Refunding Bonds: Amounts due from the Project Area Table F-1
San Bernardino Merged Area A
Fiscal Year Central City Projects
Principal Interest
2009/10 775,000 658,463
2010/11 815,000 618,405
2011/12 855,000 579,568
2012/13 895,000 537,995
2013/14 940,000 493,720
2014/15 985,000 442,606
2015/16 1,040,000 384,388
2016/17 1,100,000 322,863
2017/18 1,160,000 257,888
2018/19 1,230,000 189,175
2019/20 1,300,000 116,438
2020/21 1,375,000 39,531
Total 12,470,000 4,641,038
Source: Redevelopment Agency of San Bernadino Debt Service Schedule
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1998 SERIES B SUBORDINATE REFUNDING BONDS
The Agency issued $8,590,000 subordinated tax allocation refunding bonds in 1998, consisting of $4,815,000
of serial bonds with varying interest rates from 4.500% to 5.875% and $3,775,000 of term bonds, bearing
interest at 6.000%. Interest is payable semiannually on January 1 and July 1. Serial bonds mature annually
on July 1 through July 1, 2020.
The debt service principal and interest payments are pledged from the Agency's Tax Revenues from the
Central City Projects. Table F-2 below shows the outstanding principal and payments on the bonds as at the
beginning of FY 2009/10.
1998 B Tax Refunding Bonds: Amounts due from the Table F-2
Project Area
San Bernardino Merged Area A
Fiscal Year Central City Projects
PrinciDal Interest
2009/10 320,000 344,580
2010/11 335,000 325,993
2011/12 355,000 306,239
2012/13 375,000 285,158
2013/14 395,000 262,729
2014/15 420,000 238,838
2015/16 445,000 213,150
2016/17 470,000 185,700
2017/18 500,000 156,600
2018/19 530,000 125,700
2019/20 560,000 93,000
2020/21 1,270,000 38,100
Total 5,975,000 2,575,785
Source: Redevelopment Aaencv of San Bernardino Debt Service Schedule
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SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
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2002 TAX ALLOCATION REFUNDING BONDS
In April 2002, the San Bernardino Joint Powers Financing Authority issued $30,330,000 in tax allocation
refunding bonds to refund the 1995 Tax Allocation Bonds, to finance certain redevelopment activities of the
Agency's project areas, to fund a reserve fund for the bonds, fund the interest account, and pay costs of
issuance of the bonds.
The 2002 bonds consist of serial bonds of $9,125,000 maturing from 2003 to 2012 in annual installments of
$775,000 to $1,125,000; as well as term bonds of $8,290,000, due in 2018, term bonds of $3,475,000 due in
2020, and term bonds of $9,440,000 in 2026. Interest is payable semi-annually on October 1 and April 1,
commencing on October 1, 2002, at rates ranging from 3.25% to 5.625%.
The debt service principal and interest payments are made from the Agency's Tax Revenues from the Central
City North, State College No.4, Southeast Industrial Park, Northwest, South Valle, Uptown and Tri-City
Project Areas. Table F-3 below shows the outstanding principal and payments on the bonds as at the
beginning of FY 2009/10.
2002 Tax Allocation Revenue Refundina Bonds: Amounts due from the Prolect Area Table F.3
San Bernardino Merged Area A
Fiscal Year Central City North Southeast Industrial Park Tri City South Valle Total
Principal tnterest Prlnclpa I Interest Principal Interest Principal Interest Principal Interest
2009/10 43.905 65.981 205,606 308,992 167,003 250,978 46,555 69,965 463,069 676,627
2010/11 46,089 63,611 215,835 297,890 175,312 241,960 48,872 67,451 486,107 710,290
2011/12 49,147 61,076 230, 156 286,018 186,944 232,318 52,114 64,763 518,361 757,418
2012/13 51,986 58,311 243,454 273,072 197,745 221,803 55,125 61,832 548,310 801,180
2013/14 55,045 55,192 257,774 258,465 209,377 209,938 58,368 58,524 580,564 848,309
2014/15 58,321 51,889 273,118 242,999 221,840 197,375 61,842 55,022 615,121 898,803
2015/16 61,816 48,390 289,485 226,612 235,134 184,065 65,548 51,312 651,982 952,664
2016/17 65,529 44,681 306,874 209,243 249,258 169,957 69,486 47,379 691,147 1,009,891
2017/18 69,461 40,749 325,287 190,830 264,214 155,001 73,655 43,210 732,616 1,070,485
2018/19 73,611 36,582 344,722 171,313 280,000 139,149 78,056 38,790 776,389 1,134,444
2019/20 78,198 32,091 366,203 150,285 297,448 122,068 82,920 34,029 824,769 1,205,137
2020/21 121,011 27,321 566,695 127,946 460,297 103,924 128,317 28,971 1,276,319 1,864,932
2021/22 48,928 19,304 229, 133 90,403 186,113 73,429 51,883 20,470 516,057 754,052
2022123 52,205 16,063 244,477 75,223 198,576 61,099 55,357 17,033 550,614 804,547
2023/24 58,539 12,604 274,141 59,026 222,671 47,944 62,074 13,365 617,425 902,169
2024/25 53,952 8,726 252,660 40,864 205,223 33,192 57,210 9,253 569,045 831,477
2025/26 77,761 5,152 364,156 24,126 295,786 19,596 82,456 5,463 820,162 1,198,404
Total 1,065,504 647,724 4,989,777 3,033,305 4,052,938 2,463,797 1,129,837 686,832 11,238,056 16,420,831
Source: Redevelopment Aoencv of San Bernardino Debt Service Schedule
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-- - .. - . _.-- - .-
2005 SERIES A REFUNDING BONDS
In September 2005, the San Bernardino Joint Powers Financing Authority issued $55,800,000 in tax
allocation refunding bonds to refund $55,800,000 of the outstanding 1995A Tax Allocation Refunding Bonds.
The remaining portion of the 1995A Bonds was refunded with the proceeds of the Authority's Tax Allocation
Refunding Bonds, Series 2005B (described below).
The Series 2005A bonds consist of serial bonds with varying interest rates from 5.15% to 5.75%. Interest is
payable semi-annually on April 1 and October 1, commencing on April 1 , 2006. Serial bonds mature annually
on October 1, 2006 through October 1, 2025.
The bond debt service is secured by principal and interest payments from the Agency's Tax Revenues from
the Central City North, State College Project No.4, Southeast Industrial Park, Northwest, South Valle.
Uptown and Tri-City Project Areas. Table F-4 below shows the outstanding principal and payments on the
bonds as at the beginning of FY 2009/10.
2005 A Tax Allocation Revenue Refundlna Bonds: Amounts due from the Prolect Area Table F-4
San Bernardino Merged Area A
Fiscal Year Central City North Southeallt Indulllrlal Parte TrI Cltv South Valle Total
Principal In\erest Principal In\erellt . Principal Interest Principal In\erellt Principal 'n\erest
2009/10 177,603 226,397 638,214 987,383 193,458 299,300 91,779 141,992 1,101,054 1,655,072
2010/11 187,371 216,360 673,315 951,316 204,098 288,367 96,827 136,805 . 1,161,612 1,592,848
2011/12 197,676 205,524 710,348 912,378 215,324 276,564 102,152 131,206 1,225,500 1,525,671
2012/13 209,043 193,831 751,193 870,358 227,705 263,827 108,026 125,163 1 ,295,966 1,453,179
2013/14 221,063 181,465 794,386 825,923 240,798 250,357 114,238 118,773 1,370,485 1,376,518
2014/15 233,774 168,389 840,064 778,933 254,644 236,113 120,806 112,015 1,449,287 1,295,450
2015/16 247,216 154,560 888,367 729,240 269,286 221,050 127,753 104,869 1,532,621 1,209,720
2016/17 261,431 139,937 939,448 676,690 284,770 205,121 135,098 97,312 1,620,747 1,119,061
2017/18 276,463 124,472 993,467 621,119 301,144 188,276 142,867 89,321 1,713,940 1,023,188
2018/19 292,360 106,119 1,050,591 562,353 318,460 170,463 151,061 80,870 1,812,492 921,804
2019/20 309,170 90,825 1,111,000 500,207 336.771 151,625 159,769 71,933 1,916,710 814,589
2020/21 326,948 72,536 1,174,882 434,488 356,135 131,704 168,955 62,482 2,026,921 701,210
2021/22 345,747 53,196 1,242,438 384,990 376,613 110,637 178,670 52,488 2,143,469 581,311
2022/23 365,627 32,744 1,313,878 291,496 398,268 88,359 188,944 41,919 2,266,718 454,518
2023/24 386,651 11,116 1,389,426 213,776 421,169 84,801 199,808 30,742 2,397,054 320,435
2024/25 1,469,318 131,587 445,386 39,887 211,297 18,923 2,126,002 190,397
2025/26 1,553,804 44,672 470,996 13,541 223,447 6,424 2,248,247 64,637
Total 4,038,142 1,979,470 17,534,141 9,896,908 5,315,023 2,999,993 2,521,517 1,423,236 29,408,824 16,299,607
Source: Redevelopment Aoency of San Bernardino Debt Service Schedule
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---....~,.__.-- --- -. _.- _._'-~---'-~- -.
2005 SERIES B REFUNDING BONDS
In September 2005, the San Bernardino Joint Powers Financing Authority issued $21,105,000 in tax
allocation refunding bonds to refund $21,105,000 of the outstanding 1995A Tax Allocation refunding Bonds.
The remaining portion of the 1995A Bonds was refunded with the proceeds of the Authority's Tax Allocation
Refunding Bonds, Series 2005A.
The Series 2005B bonds consist of serial bonds with varying interest rates from 5.15% to 5.75%. Interest is
payable semi-annually on April 1 and October 1, commencing on April 1, 2006. Serial bonds mature annually
on October 1, 2006 through October 1, 2025.
Bond debt service is secured by principal and interest payments from the Agency's Tax Revenues from the
Central City North, State College Project No.4, Southeast Industrial Park, Northwest, South Valle, Uptown
and Tri City Project Areas. Table F-5 below shows the outstanding principal and payments on the bonds as at
the beginning of FY 2009/10.
2005 B Tax Allocation Revenue Refundina Bonds: Amounts due from the Project Area Table F-S
San Bernardino Merged Area A
Fiscal Year Central Cllv North Southeast Industrial Park Trl Cllv South Valla Tolal
Prlncfpal Interest PrincIpal Interest Principal Interest PrIncIpal Interest Principal Interest
2009110 41,106 52,399 153,941 238,162 103,184 159,638 28,289 43,767 326,520 493,984
2010111 43,387 50,076 162,407 229,463 108,859 153,805 29,845 42,168 344,478 475,512
2011/12 45,752 47,568 171,340 220,071 114,846 147,510 31,487 40,442 363,425 455,590
2012/13 48,382 44,862 181,192 209,935 121,450 140,716 33,297 38,579 384,322 434,093
2013/14 51,164 42,000 191,610 199,217 128,433 133,532 35,212 36,610 406,420 411,359
2014/15 54,106 36,973 202,628 187,683 135,818 125,935 37,237 34,527 429,789 387,318
2015/16 57,217 35,773 214,279 175,897 143,628 117,901 39,378 32,324 454,502 361,894
2016/17 60,507 32,368 226,600 163,222 151,887 109,405 41,842 29,995 480,636 335,009
2017118 63,997 28,809 239,630 149,817 160,620 100,420 44,036 27,532 508,273 306,578
2018119 67,666 25,024 253,408 135,643 169,856 90,919 48,568 24,927 537,498 276,512
2019/20 71,557 21,021 267,979 120,653 179,622 80,872 49,246 22,172 568,405 244,717
2020/21 75,671 16,788 283,368 104,801 189,951 70,248 52,078 19,259 601,068 211,095
2021/22 80,022 12,312 299,683 88,036 200,873 59,010 55,072 16,179 635,650 175,538
2022/23 84,624 7,579 316,915 70,310 212,423 47,128 58,239 12.921 672,200 137,938
2023/24 89,489 2,573 335,138 51,584 224,637 34,562 61,588 9,476 710,852 98.175
2024/25 354,408 31,739 237,554 21,274 65.129 5,833 657,091 58,847
2025/26 374,786 10,775 251,213 7,222 68,874 1,980 694,873 19,978
Total 934,618 458,143 4,229,334 2,387,190 2,834,854 1,600,095 777,217 438,689 8,776,022 4,884,118
Source: Redevelopment Agency of San Bernardino Debt Service Schedule
@RSG
1153
SAN BERNARDINO MERGED AREA A MERGER & AMENDMENTS
Report to the Mayor and Common Council
"'. ''--'--.'' ,
2006 HOUSING SET ASIDE TAX ALLOCATION BONDS
In April 2006, the San Bernardino Joint Powers Financing Authority issued $28,665,000 in tax allocation
bonds to fund the acquisition, demolition and relocation of certain occupants of the Central City North and
provide for other redevelopment activities within the City of San Bernardino.
The 2006 bonds consist of serial bonds of $5,630,000 maturing from 2007 to 2011, term bonds of $7,370,000,
due May 1, 2016, and term bonds of $15,665,000 due May 1, 2027. Interest is payable semi-annually on May
1 and November 1, commencing on November 1, 2006, at rates ranging from 5.20% to 6.15%.
Bond debt service is secured by principal and interest payments solely from the Agency's Housing Set aside
Revenues from the Central City North, Central City Projects, Central City West, Mount Vernon, State College
Project No.4, and Southeast Industrial Park, Northwest, South Valle, Uptown, 40th Street and Tri City project
areas. Table F-6 below shows the outstanding principal and payments on the bonds as at the beginning of FY
2009/10.
2006 Housing Set Aside Bonds: Table F-6
Amounts due from the Agency 1
San Bernardino Merged Area A
Fiscal Year
Principal Interest
2009/10 1,185,000 1,508,858
2010/11 1,250,000 1,445,460
2011/12 1,315,000 1,377,960
2012/13 1,390,000 1,303,991
2013/14 1,470,000 1,225,804
2014/15 1,555,000 1,143,116
2015/16 1,640,000 1,055,648
2016/17 1,730,000 963,398
2017/18 1,840,000 857,003
2018/19 1,850,000 743,843
2019/20 1,790,000 630,068
2020/21 1,835,000 519,983
2021/22 1,015,000 407,130
2022/23 1,075,000 344,708
2023/24 1,145,000 278,595
2024/25 1,110,000 208,178
2025/26 1,160,000 139,913
2026/27 1,115,000 68,573
Total 25,470,000 14,222,224
1. Amount due shows entire debt service from Housing Set Aside Fund for
the Agency
Source: Redevelopment Aaencv of San Bernardino Debt Service Schedule
@RSG
1154
m__II.1:t~Od ~f_~_el~~a~i~~__.
SECTION G: METHOD OF RELOCATION
Section 33352(f) of the CRL r~quires that this Report include a plan and method of relocation for Merged Area
A. Additionally, Section 33411' of the CRL requires that the Agency prepare a feasible plan for the relocation
of families or persons to be temporarily or permanently displaced from housing facilities in Merged Area A,
and for nonprofit local community institutions to be temporarily or permanently displaced from facilities
actually used for institutional purposes in Merged Area A.
Pursuant to the CRL, the Agency previously prepared Methods of Relocation for the Project Areas, being
merged as Merged Area A, at the time of initial Redevelopment Plan adoption for each Project Area. The
Merger and Amendments do not alter the Agency's existing Method of Relocation.
However should any actions be undertaken which include the relocation of residents or businesses, such
actions will adhere to the State Relocation Law (Government Code 7260 et seq.), the State Relocation
Guidelines, as those regulations may be amended by the State from time to time, and the Method of
Relocation, as previously prepared and in effect and as set forth below. Any amendments to the State
Guidelines of State Relocation Law shall automatically be incorporated without the need for further action by
the Agency.
As provided in Section 33411.1 of the CRL, the Agency shall not displace from housing units, persons or
families of low- and moderate-income unless and until there is a suitable housing unit available and ready for
occupancy by such displaced person or family at rents comparable to those at the time of their displacement.
Further, such relocation housing shall be decent, safe, sanitary and suitable to their individual needs; located
in areas not less desirable than the Project Area; with comparable access to public utilities and commercial
facilities. The relocation area must also be,reasonably accessible to their places of employment and priced
within their financial means' (all of the foregoing as defined in State laws and regulations).
@R~G______.___._________
..------~155 -
III Analysis of Preliminary Plan
'_"_"'_~.~,o.___ __,"__~.__, .,...'_...._.._~. ._ _,_..a.~ _',""',' _.~.._...., ~." ~... ". .~,_. _.A...._._.~,~.~_..._._......__"-........_.L__~_______._-_,,___~.-...'...__P....__......--_...'....'...-.-....... "".,,-, .... ."___--..._-_"._.
SECTION H: ANALYSIS OF PRELIMINARY PLAN
Section 33352(g) of the CRL requires the inclusion of an analysis of the Preliminary Plan for Merged Area A.
An analysis of the Preliminary Plan was provided in the supporting documentation prepared at the time the
each Project Area, being merged as Merged Area A, was adopted. Pursuant to Section 33457.1 of the CRL,
an analysis of the Preliminary Plan is not required for the Merger and Amendments because it does not
propose to add new territory nor amend boundaries that would necessitate the need for a preliminary plan.
@RSG
--~-1156
Report & Recommendation of the
Planning Commission
SECTION I: REPORT & RECOMMENDATION OF THE PLANNING COMMISSION
Sections 33333.11 (h)(2) and 33352(h) of the CRL require inclusion of a report of the Planning Commission of
the City of San Bernardino ("Planning Commission"). The Planning Commission is required to review the
proposed Merged Plan and determine conformance with the City's General Plan. On June 23, 2010, the
Planning Commission took such action pursuant to Section 33346 of the CRL.
@ ~G_.___.____ -----------------------....-----Tis7
@RSG
II Statement of General Plan Conformance
._,._*_~'....._ .."'___'. __,_.~ '. _ _._,~'_.._....".. _." _ ..___~.___ __w__'_. _.~ ~'__" _',.. .".'. _K. ~___,_~.._._ ...""'"............'.~"___.~__...___._ ~__.~.~~_~.. _. .~.. _,~____.-_.'_"_~_~"'_"" *~,., ....._.......-...... ..-....--.---~-- .........
SECTION J: STATEMENT OF CONFORMANCE WITH GENERAL PLAN
Section 333520) of the CRL requires a report of General Plan conformance per Section 65402 of the
Government Code. The Merger and Amendments do not contain provisions that would alter land use
designations, nor do the proposed Merger and Amendments affect the land use provisions of the General
Plan. A report of the Planning Commission determined that the Merged Plan was in conformance with the
General Plan. Pursuant to Section 33346 of the CRL, the Planning Commission made a finding and reported
on June 23,2010, that the proposed Merger and Amendments are in conformance with the General Plan.
-I~
, 158
· Environmental Impact Report
..-.--.-....-.---....-....-... ..._- -_.._....._._---_.._-~.-_..__.....__._----_.._.._._--_.-_._............... ....--.-..-----.
SECTION K: ENVIRONMENTAL IMPACT REPORT
Section 33352(k) of the CRL requires environmental documentation to be prepared pursuant to Section
21151 of the Public Resources Code. Concurrent with the adoption of the Merged Plan, the Agency
undertook appropriate environmental documentation as necessary. For the Merger and Amendment, a
Environmental Impact Report ("EIR") was prepared pursuant to California Environmental Quality Act
guidelines.
The EIR found that the Merger and Amendments would only have significant unavoidable impacts on Air
Quality. The impacts would be caused by construction related emissions, operational emissions, and green
house gas emissions. The Common Council will hold a public hearing to receive comment on the ErR on
October 4, 2010.
@R$.~----------------------------------T 159
II Report of the County Fiscal Officer
.. _~>_,.__~, '.__~_.._ ..~,.~ _._. .. ~.._, ,p.... ...~ ~.~~_,,~ u.~.,_,. _.....__,~_~"_.._.. __^...._..~.~ _._. ..._~._..~___~__..____~,__'~____ ______..._..,______...-.~__......_~~~,_,_._'_~_....,.~......_........~~d. ~.'_.' ..
SECTION L: REPORT OF THE COUNTY FISCAL OFFICER
The proposed Merger and Amendments do not add territory or change the boundaries of existing Project
Areas that will comprise Merged Area A. Consequently, pursuant to Section 33457.1 of the CRL, there is no
requirement for preparation of a base year report, as described in CRL Section 33328 for the Merger and
Amendments.
@8SG --------
,---
I 160
M Taxing Agency, Project Area Committee &
Community Consultations
.____h..__....___ --.----------....-------. ---"'----...
I
OIl
SECTION M: TAXING AGENCY, PROJECT AREA COMMITTEE, RESIDENTS AND
COMMUNITY ORGANIZATION CONSULTATIONS
Pursuant to CRL Section 33333.11(d), on April 26, 2010 the Agency held a community workshop informing
the public about the proposed Merger and Amendments. Merged Area A residents, property owners, and
community organizations were notified via a mailed notice of the community meeting and were provided
access to the. draft Preliminary Report and
Merged Plan. Over 21 community members
attended the meeting to learn about the Merger
and Amendments and to ask questions
regarding the proposed project or
redevelopment in general.
The Agency notified the taxing agencies of the
proposed Merger and Amendments on May 5,
2010 with the transmittal of the Preliminary
Report pursuant to Sections 33333.11 (e),
33344.5, and 33344.6 of the CRL. The Agency offered to consult with the affected taxing agencies at that
time. Notices of the joint public hearing on the proposed Merger and Amendments were sent to each affected
taxing entity in accordance with the requirements of the CRL. These transmittals to the affected taxing
entities included offers to consult on the Merger and Amendments if desired by the taxing entities. To date,
none of the taxing entities have expressed interest in meeting with the Agency to discuss the Merger and
Amendments.
0)
Pursuant to Section 33385.3 of the CRL, a Project Area Committee ("PAC") is required if the Agency
proposes to amend a redevelopment plan to: (1) grant the authority to the Agency to acquire by eminent
domain property on which persons reside in a project area in which a substantial number of low- and
moderate-income persons reside; or (2) add territory in which a substantial number of low-and moderate-
income persons reside and grant the authority to the Agency to acquire, by eminent domain, property on
which persons reside in the added territory. The proposed Merger and Amendments does not involve either
of these activities. Therefore, there is no requirement to form a PAC nor does any PAC exist in the Project
Areas comprising Merged Area A. Consequently, pursuant to Section 33457.1 of the CRL, there is no
requirement for a summary referred to in CRL Section 33387.
0)
@RSG
----\161
Appendix 4
Five Year Implementation Plan
FY 2009-2010 through 2014-2015
FINAL DRAFT
FIVE YEAR IMPLEMENTATION PLAN
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
FY 2009-10 THROUGH 2013-14
ADOPTED DECEMBER 7,2009 BY CDC RESOLUTION NOS. 2009-65 AND 2009-66
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TABLE OF CONTENTS
I NTRO DUCTI ON .......... ......... ...... ............ ........ ......... ....... ............ ............... ............. .......... ...................1
About Th is I mplementation Plan.............................................................................................................. 1
Leg a I Authority....... .............. ......... ...... ............ ..... ...... ............... ........... ..... ......... .... ......... ..... ..... .... .......... ...... ... ......... .... ......1
Objectives of the Implementation Plan.....................................................................................................................1
Orga n ization of the Docu ment ... ......... ......... ... .... ............... ...... ....... ....... .... ....... ....... ..... ............... ... .............. ......... .....2
SECTION I: OVERVIEW & BACKGROUND ..................................................................................... 3
ABO UT R E DEVE LO PM E NT ..... ........................................................................................................................ 4
The Public Value & Benefit of Redevelopment .....................................................................................4
What is Redevelopment?.. ...... ..... ............. ........ ..... ............... ..... ....... ................... ......... ..... .......... ...... ....... .... .... ........... 4
Role of Redeve lopment .. ...... ................... .... ...... ........... ..... .... ..... ......... ......... ..... ......... ...... ... .... ..... ....... ... .... .... ..... .... ...... 4
81 ig ht ....... ..... ... ...... ...... .... .... .... ..... ..... ..... .... ..... ...... ....... .............. ...... .......... .... ... ......... ..... .... ...... ..... ........ ..... .... ... ..... ..... .... ...... 5
Tax Increment Fi na nc i ng ................... ............ ................. ......... ..... ......... ................... ...... ....... ......... .......... ...............:. .... 6
20 Percent Housing Set-Aside ...................................................................................................................6
Pass-Through Payments ...... .......... .......... ......... .... ....... ........... .................. ................. ..... ................... .... ....6
State Takeaways - SERAF Payments.......................................................................................................7
Debt Service Payments and Discretionary Funds .....................................................................................7
What is a Redevelopment Plan? ................................................................................................................................ 9
ABO UT TH E AGE N CY .................................................................................................................................... 10
History and Profi Ie................................................................................................................................... 10
Mission .......................... ..... .... ..... ...... ........ ..... .... .... ......... ...... ... ...... ........ ..... .... .......... ..... ... ... ... ........ ..... ..... ........ .... .......... ......10
H ist 0 ry ............................................................................................................................... ...................................................10
Project Area Descriptions ............................................................................................................................................15
Merged Central City Projects........ .............................. ............. ................. .................................... .......... 15
Central City North ............................. ..... ...................... ......... .......... ........... .............................................. 15
Central City West ................................................................................:...................................................16
State College........................................................................................................................ ................... 16
Southeast Industrial Park ........................................................................................................................ 16
Northwest...................................................................................................................... .......................... 17
Tri-City ............. ...................................................... ........ .......................................................................... 17
South Valle................ .................. ............ ......... .................... .......... .............. ..... ................................ ...... 17
Uptown .......... .................. ............... ............. ........ ............................... ..................................... ................ 18
Mt. Vernon...... ............ ......... ................... ........ ................ ................. ................. ..... ....................... ........... 18
40th Street ................ .................... ... ......... ......... ....... ............ ......... .......... .......... ........... ........................ .... 18
A C COM P LI S H M E NTS ..................................................................................................................................... .19
Ach ievements in Community Revitalization .... ...................... ................................................. .............19
S ECTI ON II: R EDEVELO PM ENT STRATEGIC PLAN ...................................................................23
R EDEVELO PM ENT PLA N GOALS ................ .......... ..................................................... ........... ..... .... ............. 24
Commun ity Reinvestment and Revita I ization ............................... ............. .......... ......... ...... ................ 24
STRA TEGI C PLAN N I NG ......... ................. ............................... ........................................................ ...... .......... 26
Strategic Objectives and Regiona I Strategies ......................................... ................. .......................... 26
Strateg ic Object ives ....................................... .......... ......... ......... .............. .................... ........... ........................... ...........26
Plans and Policies ....... .................. ........... .......... ....................................... ............ ....... ................. .......... 26
Public Infrastructure and Facilities .......................................................................................................... 27
Catalytic Projects ................ ...................................... ............ ..................... ....... .................... .......... ......... 27
Regional Strategies and Work Programs.............................................................................................................28
RED EVE LO PM E NT WO R K P ROG RAM ...................................................... .................................................. 30
Western Proj ect Areas............................................................................................................................ 30
Eastern Proj ect Areas............................................................................................................................. 43
All Project Areas...................................................................................................................................... 59
S ECTI ON r r I: H OUS r NG CO M PLIANCE PLAN..................................... ......................................... 65
I NT RO DU CTI 0 N ............................................................................................................................................. 66
Overview of the Housing Compliance Plan .........................................................................................66
IVDA Project Area and Housing Policy with the Agency..............................................................................67
AGENCY'S FIVE YEAR AFFORDABLE HOUSING GOALS ........................................................................68
Commun i ty A Horda b I e H ousi ng Focus................................................................................................ 68
AGENCY AFFORDABLE HOUSING FIVE YEAR STRATEGy..................................................................... 68
Affordable Housi ng Strategic Programs ......... ......................................... ........ ................. ...................68
A fforda ble Hou sing Work Prog ra m... ............................ ...... ............ .................................................................. ..... 69
AFFORDAB LE HOUS I NG COM PLIAN CE ......... .................................................................. .......................... 72
Blueprint for Agency Housing Activities .............................................................................................72
H ous i ng Prod uct ion................................................ .......... .................. ................................ ......... ............. ......... ............ 72
Replacement H ou si ng....... ................................... ............... ............................................ ....................................... ....... 77
Housing Program Cash Flpw Analysis ................................................................................................................... 78 0
Expenditures by Household Types ........................................................................................................................80
Prior Five Year Housing Fund Expenditures........................................................................................................81
Units Assisted by Housing Set Aside Fund............................................................................................. 81
Housing Units Constructed During Prior Implementation Plan Without Housing Set Aside Funds ........ 83
APPENDIX 1: PROJECT AREA TIME AND FINANCIAL LIMITATIONS ....................................................84
APPE N D I X 2: GLOSSA RY 0 F HOUSI N G TERM S ....................................................................................... 92
A PP EN DI X 3: HO USI NG PRO DUCTION TAB LES ...................................................................................... 98
APPENDIX 4: INCLUSIONARY HOUSING UNIT INVENTORY ..............................................................103
AP PEN D I X 5: REPLACE M ENT HOUSI NG T AS LES ......................................... ......................................... 107
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SAN BERNARDINO - GROWING LOCALLY AND GLOBALLY
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"The City of San Bernardino Economic Development Agency is a
focused, diversified organization whose mission is to enhance the
quality of life for the citizens of San Bernardino by creating jobs,
eliminating physical and social blight, supporting culture and the
arts, developing a balanced mix of quality housing, along with
attracting and assisting businesses both independent and
through public-private partnerships."
San Bernardino Economic Development Agency
201 North "E" Street, Suite 301
San Bernardino, CA 92401-1501
(909) 663-1044
www.sbrda.org
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INTRODUCTION
About This Implementation Plan
Every five years, redevelopment agencies are required to adopt implementation plans that establish
five-year operational and financial work programs for carrying out the redevelopment and affordable
housing responsibilities of the agencies. This Five Year Implementation Plan ("Implementation Plan")
for the San Bernardino Redevelopment Agency ("Agency") covers the five-year planning period for
fiscal years 2009-10 through 2013-14, and serves as a consolidated Implementation Plan for all 14 of
the Agency's redevelopment project areas ("Project Areas"). This Implementation Plan also contains
an Update to the Agency's Housing Compliance Plan ("Housing Compliance Plan") for meeting the
Agency's affordable housing requirements for the current 10-year compliance period (FY 2004-05 to
2013-14), including obligations for producing, replacing, and expending funds for affordable housing.
LEGAL AUTHORITY
In 1993, the Legislature passed Assembly Bill 1290 (Chapter 942, Statutes of 1993), which enacted the
California Community Redevelopment Law Reform Act and made sweeping changes to state
redevelopment law (Health and Safety Code Section 33000 et seq.) ("CRL") in a major effort to
increase both the effectiveness and accountability of redevelopment agencies. One notable statutory
change was the addition of Article 16.5 (Section 33490 et seq.) to the CRL, which required
redevelopment agencies to adopt five year implementation plans for all Project Areas on or before
December 31, 1994, and every five years thereafter. CRL Section 33490(a) requires that the
Implementation Plan contain: ()
· The Agency's goals and objectives, programs, and projects within the Project Area for the next five
years, including estimated expenditures.
· An explanation of how the goals and objectives, programs, projects, and expenditures will eliminate
blight and promote affordable housing within the Project Area.
· A specific section that addresses the Agency's housing responsibilities, including the Agency's Low
and Moderate Income Housing Fund ("Housing Fund") and the Agency's requirements for producing
and replacing affordable housing.
Given these required contents, the Implementation Plan can naturally serve as more than just a
compliance document to adhere to the legal mandates of state law. The Implementation Plan provides
the Agency an opportunity to thoughtfully craft a purposeful and deliberate strategy for the next five
years.
OBJECTIVES OF THE IMPLEMENTATION PLAN
The Agency's objectives for this Implementation Plan are to:
· Establish focused redevelopment and housing strategies for the next five years that provide a
road map for decision-making about resource allocation, budget, and community engagement.
· Create an administrative management tool for Agency staff that provides a measurable, track-able,
and programmatic work plan for the execution of the Agency's operations.
· Provide educational and informative background about the role, powers, and tools of redevelopment
agencies, and a historical overview of the Agency, its accomplishments, and the 14 Project Areas.
· Furnish data and information to fulfill the affordable housing compliance requirements of the CRL.
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ORGANIZATION OF THE DOCUMENT
The contents of this Implementation Plan are organized into three distinct sections:
. Section I: Overview and Background. This section provides a narrative overview and background
description of redevelopment in California, and a profile description of the Agency and the 14 Project
Areas.
. Section II: Redevelopment Strategic Plan. This section outlines the Agency's redevelopment
strategic plan for the next five years, including a comprehensive work program of projects and
programs. It presents a new approach to the development of the Agency's five-year work program
of redevelopment projects and programs. The work program is geographically organized into two
regions of ~he City: (1) Area B, which contains Project Areas generally located west of the 1-215
Freeway; and (2) Area A, which contains Project Areas generally located east of the 1-215 Freeway.
The projects and programs contained in the work program represent the strategic priorities of the
Agency. The future implementation of each project or program is subject to funding availability and
approval by the Agency.'
. Section III: Housing Compliance Plan Update. This section contains the Agency's update to the
housing compliance plan for the current 10-year compliance period (FY 2004-05 to 2013-14),
including the production, replacement, and expenditure of funds for affordable housing. This section
fulfills the requirements of CRL Sections 33413(b)(4) and 33490(a).
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1 CRL Section 33490(a)(1 )(B) provides that the adoption of an implementation plan shall not constitute an approval of any specific program,
project, or expenditure and shall not change the need to obtain any required approval of a specific program, project, or expenditure from the
agency or community.
2
SECTION I: OVERVIEW & BACKGROUND
Redevelopment By the
Numbers:
$40.79 billion. Redevelopment's
economic contribution to California in
2006-2007.
$13. Every $1 of redevelopment agency
spending generates nearly $13 in total
economic activity.
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303,946. Full and part time jobs
created in just one year (2006-2007).
78,750 units of affordable housing built
or rehabilitated since 1995 by
redevelopment agencies.
18,522 units of low and moderate
income housing expected to be built or
refurbished over the next two years.
$2 billion. State and local taxes
generated through redevelopment
construction activities in 2006-2007.
20% of property tax revenues
generated from redevelopment
activities must be used to increase
supply of affordable housing.
2nd largest funder of affordable
housing in California after the federal
government.
Source: California Redevelopment Association
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Redevelopment is a process created to assist city and
county governments in eliminating blight from a
designated area and to achieve the desired
development, reconstruction, and rehabilitation of
residential, commercial, and . industrial uses.
Redevelopment agencies possess unique tools to
directly influence the private sector, reduce investment
risk, and create or boost market confidence. Some of
the tools available to redevelopm~nt agencies include:
· Use of tax increment financing to fund public
~
improvements and use of gap financing to provide "-=
financial assistance to qualifying developers for
qualifying projects.
· Authority to acquire real property, and if necessary, use of eminent domain.
· Relocation assistance and replacement housing.
· Mitigation of environmental liabilities to property owners and developers through the Polanco
Redevelopment Act (Health and Safety Code Sections 33459 - 33459:8).
ABOUT REDEVELOPMENT
The Public Value & Benefit of Redevelopment
WHAT IS REDEVELOPMENT?
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Although these tools can jumpstart the revitalization process, by law, redevelopment is limited to areas
of a city that are in a state of decline and are physically and economically blighted. To initiate
redevelopment, the agency must satisfy certain requirements. These requirements are as follows:
· Establishment of a Project Area(s) in parts of a city that are physically and economically blighted.
· Establishment of debt as a prerequisite to the collection and expenditure of tax increment.
· Set aside 20 percent of tax increment revenue to increase, improve, and preserve the supply of
housing for low- and moderate-income persons and families.
· At least 15 percent of all new and substantially rehabilitated dwelling units must be affordable to, and
occupied by, persons or families of very low, low, and moderate income.
Satisfying these requirements, redevelopment agencies can use their tools to catalyze the revitalization
of urban areas. Once redevelopment efforts establish momentum in the market, the private sector can
then dictate its own course, thereby benefitting residents, business-owners, and visitors.
ROLE OF REDEVELOPMENT
In 1945, the State of California enacted the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) ("CRL") to combat the deterioration of property and its effects on
the tax base. Through the Redevelopment Act, cities were given authorization to establish
redevelopment agencies which would have the legal authority and special tools to combat urban decay,
or "blight." In 1952, California voters adopted Article XVI, Section 16 allowing tax increment financing
to be used by the agencies for the redevelopment of blighted communities.
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The goal of redevelopment to create safe and economically vibrant communities has remained
steadfast since 1945. The mission of the Agency is to "enhance the quality of life for the citizens of San
Bernardino by creating jobs, eliminating physical and social blight, supporting culture and the arts,
developing a balanced mix of quality housing, along with attracting and assisting businesses both
independent and through public-private partnerships."
BLIGHT
The CRL emphasizes redevelopment's role in eliminating blighting conditions in communities and takes
great lengths to define blight. As defined by the CRL, blight constitutes physical and economic
liabilities that affect the health, safety, and general welfare of a community. CRL Section 33030
describes a blighted area as being predominantly urbanized and substantially affected by the physical
and economic properties of blight to such an extent that the community cannot reasonably be revived
without redevelopment. .
The CRL describes the physical and economic conditions that cause blight as follows:
Physical Conditions (CRL Section 33031(a))
. Buildings with serious code violations, dilapidation. or
deterioration such that it is unsafe or unhealthy for a person
to live or work.
. Conditions that prevent or substantially hinder the viable use
or capacity of buildings or lots.
. Adjacent or nearby incompatible uses that prevent
development.
. Existence of subdivided lots that are in multiple ownership
and whose physical development has been impaired by their
irregular shapes and inadequate sizes.
Economic Conditions (CRL Section 33031(b))
. Depreciated or stagnant property values.
. Impaired property values due to hazardous wastes.
. Abnormally high business vacancies, abnormally low
lease rates, or an abnormally high number of abandoned
buildings in an area developed for urban use and served
by utilities.
. A serious lack of commercial facilities that are normally
found in neighborhoods, including grocery stores, drug
stores and banks.
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Property Not Located in City of San Bernardino
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Property Not Located in City of San Bernardino
. Serious residential overcrowding.
. An excess of bars, liquor stores, or adult-oriented businesses that have led to problems of public
safety and welfare.
. A high crime rate that constitutes a threat to the public safety and welfare.
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In accordance with the CRL, the existence of blight has been established in each of the 14 Project
Areas requiring the use of redevelopment tools though the projects and programs established in this
Five Year Implementation Plan.
TAX INCREMENT FINANCING
Figure I - 1
Tax increment financing is the primary
source of funding used by agencies to
initiate and oversee redevelopment projects
and activities in a community. This financing
method is based on the assumption that as
an area is revitalized, more property tax will
be generated. Upon adoption of a Project
Area, the total current assessed value of all
the properties within its boundaries is
designated as the base year value (CRL
Section 33328). As assessed values
increase in the Project Area, tax increment
revenue is generated by capturing the
amount of value added since the base year value was established. This increase in tax revenue, or tax
increment, is used by the Agency for reinvestment back into the Project Area. Figure 1-1 above
graphically depicts the generation of tax increment in a Project Area.
20 Percent Housing Set-Aside
As required by the CRL, 20 percent of tax increment revenue must be set aside into a separate Low
and Moderate Income Housing Fund ("Housing Fund") for the creation and preservation of affordable
housing within the Project Area (CRL Section 33334.2). These funds may then be used for activities
such as acquiring property, constructing on- and off-site improvements related to affordable housing
development, constructing or
rehabilitating affordable housing
units, providing subsidies to
ensure affordability, and issuing
bonds. As a result of these
requirements, redevelopment
agencies are one of the primary
entities producing affordable
housing throughout the State of
California.
Debt Service
Payments
$85,039,586
Pass- Through Payments
Redevelopment agencies are
also required to use tax
increment revenue to remit
payments to affected taxing
agencies (e.g., school districts,
community college districts, the
County) in the Project Area
(CRL Section 33328). These
AGENCY ALLOCATION OF FY 09-10 TO
FY 13-14 TAX INCREMENT REVENUES
(GROSS TAX INCREMENT: $162.3 M)
Figure I - 2
SERAF Payments
(FY 09-10 and 10-11)
$14,353,000
Projects, Operations,
and Administration
$21,022,107
Pass-Through
Payments to Taxing
Entities
$8,056,660
Low and Moderate
Income Housing Fund
$33,843,355
6
-
payments, known as "pass-throughs" represent 20 percent of the tax increment received which is used
to alleviate any fiscal burden imparted on affected taxing entities caused by the redevelopment plan.
The taxing entities benefitted by the pass-through payments include counties, cities, schools, and
special districts. The CRL prescribes an allocation formula to calculate payments unless the Agency
has negotiated pass-through agreements with the taxing entities.
State Takeaways - SERAF Payments
As shown in Figure 1-2 on the previous page, the Agency is estimating that it will need to set aside
approximately $14,353,0002 in fiscal years 2009-10 and 2010-11 for payments to the State's
Educational Revenue Augmentation Fund ("SERAF"). As in prior years during the State's fiscal crises,
the Legislature is relying on "takeaways" from local governments to help close the State's massive
budget gap in the form of revenue shifts. Statewide, $2.05 billion in redevelopment funds will be shifted
from redevelopment agencies to SERAF, which is intended to be distributed to schools to meet the
State's Proposition 98 obligations to education. $1.7 billion will be shifted in fiscal year 2009-10. $350
million will be shifted in fiscal year 2010-11. The Agency's share is estimated to be $11,900,000 in
fiscal year 2009-10 and $2,453,000in fiscal year 2010-11.
Debt Service Payments and Discretionary Funds
After the Agency's 20 percent set aside to the Housing Fund, pass-throughs to affected taxing
agencies, SERAF payments, and approximately $85 million in debt service payments on the Agency's
bond obligations, approximately $21 million (out of $162.3 million in gross tax increment revenues) over
the course of the next five fiscal years will be available to the Agency as discretionary funds for
projects, operations, and administration. This does not include other income sources (e.g., interest
income, rental income, Inland Valley Development Authority housing funds). Figure 1-3 on the following
page provides annual projections over the next five years of the Agency's allocation of gross tax
increment revenues toward revenue obligations (e.g., Housing Fund set-aside, pass-throughs, debt
service, SERAF) and funding for projects, operations, and administration. As shown in the chart,
SERAF payments in fiscal years 2009-10 and 2010-11 will have an immediate impact to funding
available for projects, operations, and administration in those years.
o
2 The Agency previously set aside approximately $2.5 million in FY 2008-09 to make a potential ERAF payment that was included in the
State's 2008 budget package. The California Redevelopment Association ("CRA") successfully litigated and blocked the 2008-09 ERAF shift.
The funds are available to help make the potential FY 2009-10 SERAF payment if CRA's new lawsuit challenging AB 26 4X is unsuccessful.
o
7
San Bernardino Redevelopment Agency
Annual Tax Increment Allocations
FY 2009-10 through FY 2013-14
$40,000,000
"
$35,000,000
$32,462,942
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
o
$5,000,000
$-
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Figure I - 3
. Projects, Operations, and
Adm inistration
L
. SERAF Payments
J
. Debt Service Paym ents
. Pass-through Payments to
Taxing Entities
. Set-Aside to Lowand
Moderate Income Housing
Fund
Notes:
1 Does not include other revenues sources such as interest income, rental income, etc. Assumes 0% annual growth rate.
2 Does not factor in alternative SERAF payment methods.
3 Only includes debt service payments for obligations against tax increment revenues. Does not include transfers to the City.
o
8
-
WHAT IS A REDEVELOPMENT PLAN?
The redevelopment plan is a legal framework used by agencies for the long-term planning and
implementation of revitalization activities in Project Areas. The plan establishes policies and financing
methods to implement projects and sets the basic goals, powers, and limitations of agencies for
conducting their redevelopment activities. Below is the general framework within which redevelopment
plans are legally bound:
. The time limit to establish loans, advances, and indebtedness to be paid with the revenue from
property taxes shall not exceed 20 years from the adoption date of the redevelopment plan (CRL
Section 33333.2).
. Loans, advances, or indebtedness shall be repaid over a 45-year period from the adoption of the
redevelopment plan.
. The effectiveness of a redevelopment plan shall not exceed 30 years from the adoption date.
. After the effectiveness of a redevelopment plan has expired, an agency shall have no authority to
act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to
enforce existing covenants and contracts.
. An agency may commence eminent domain proceedings to acquire property within the Project Area
for a period not to exceed 12 years from the adoption date.
. If a redevelopment plan authorizes the issuance of bonds, the redevelopment plan shall include a
limit on the amount of bonded indebtedness that can be outstanding at one time.
. These time and financial limitations may be extended or increased only through an amendment to 0
the redevelopment' plan.
This Implementation Plan proposes a work program of redevelopment and housing activities that seek
to accomplish the goals of the Agency within the legal framework established by the CRL and the
Agency's adopted Redevelopment Plans for the 14 Project Areas.
o
9
ABOUT THE AGENCY
History and Profile
MISSION
San Bernardino - Growing Locally and Globally
"The City of San Bernardino Economic Development Agency is a focused, diversified
organization whose mission is to enhance the quality of life for the citizens of San
Bernardino by creating jobs, eliminating physical and social blight, supporting culture
and the arts, developing a balanced mix of quality housing, along with attracting and
assisting businesses both independent and through public-private partnerships."
HISTORY
o
The City of San Bernardino Common Council created the Redevelopment Agency in 1958 with the
responsibility of initiating and managing redevelopment projects and activities within the
Redevelopment Project Areas ("Project Areas") in the City of San Bernardino. The Common Council
also established a Community Development Commission ("COG"), composed of the Common Council
Members, to act as the Board of Directors of the Agency. That same year, the COC adopted the
Meadowbrook Project Area, its first Project Area, with 13 additional Project Areas having been adopted
since. The original Central City Project Area was adopted in 1965 and subsequently merged in 1970
with Meadowbrook as the Central City/Meadowbrook Project Area. In 1983 the M~adowbrook, Central
City, Central City East and Central City South Redevelopment Project Areas were merged pursuant to
Health and Safety Code Section 33476. In 1986 the CDC adopted Ordinances MC-558, MC-559, MC-
563 and MC-564 established consistent time and financial limits for the Project Areas merged pursuant
to Section 33476 of the Health and Safety Code. In total, the Agency manages the following 14 Project
Areas:
1. Meadowbrook/Central City (2)
2. Central City East
3. Central City South
4. Central City North
5. Central City West
6. State College
7. Southeast Industrial Park
8. Northwest
Merged Central City Projects (4)
o
9. Tri-City
10. South Valle
11. Uptown
12. Mt. Vernon
13. 40th Street
The following map depicts the 14 Project Areas.
10
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The Redevelopment Plans for the Project Areas set forth limitations with regard to collecting tax
increment revenue, incurring bonded indebtedness, Redevelopment Plan effectiveness, and the use of
eminent domain. Appendix 1 presents the time and financial limitations for each project area, including
ordinances adopted by the Common Council for amendments to Redevelopment Plans. The following
chart graphically illustrates the time limitations on the effectiveness of the Redevelopment Plans for
each Project Area.
Figure I - 5
Effectiveness & T.I. Collection Expiration Dates
. San Bernardino
Redevelopment Aqency
State College
April 27,2013
April 27, 2023
May 3, 2029
May 3, 2029
Central C~y North
August 6,2016
Central C~y East'
May 3, 2019
Central C~y South'
May 3, 2019
Weadow brook/Central C~y'
May 3, 2019
May 3, 2029
Central C~y West
February 17, 2019
February 17, 2029
June 21,2029
o Effectiveness of Plan
Southeast Industrial Park
Northw es t
June 21,2019
July 6, 2025
South Valle
July 9, 2026
o Last Date to Receive
Tax Increment
TriC~y
June 20, 2026
Uptown
June 18, 2027
o
Mt Vernon
June 25, 2031
August 10, 2030
July 10, 2045
40th Street
2000
2005
2010
2015
2020
2025
2030
2035
2040
2045
. The Central City Merged Project Area consists of Central City East, Central City South, and MeadooorooklCentral City
Table 1-1 on the following page outlines all of the time and financial limitations of each Project Area as
set forth in the respective Redevelopment Plans.
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Merged Central City Projects
Central City Projects is the combination of three Mer CJ e d C e J1 t r a !
Project Areas encompassing 1,008 acres, which
were merged in 1983. The three Project Areas
include the Meadowbrook/Central City, Central
City East, and Central City South Project Areas.
Consolidation occurred to allow for more efficient
management of Agency resources.
Developments in the merged Project Area include
various administrative offices for federal, state,
county and city departments. The 55-acre
Seccombe Lake Urban Park and the 136-acre
National Orange Show fairgrounds are both
located in the Project Area. Court Street Square,
at the corner of Court and "E" Streets, provide a
covered outdoor stage for a variety of public
activities throughout the year. The San Bernardino Stadium, a 5,000 seat facility which is home to the
San Bernardino 66ers (Class "A" farm team for the Dodgers) is anchored by the Carousel regional mall.
Central City North
The Central City North Project Area was adopted on August 6, C e n t r a I C It Y
1973 and spans 278 acres. Located east of the 1-215 Freeway
near the City's Civic Center, Central City North is a mixture of
retail, commercial, restaurant, professional service and single
family residential uses. Since adoption, senior housing facilities,
the City's main library, the 20-screen multi-plex theater, and the
Stater Bros Central City Plaza have been developed. The
California Theatre, a qualified national historic building which is
home to the San Bernardino Symphony, has been renovated
through the Agency as well.
Alongside the development of the commercial, arts, and
residential uses in Central City North, the Project Area now includes the administrative offices for the
City Unified School District, County Superintendent of Schools, Community College District, Social
Security Administration, and other state agencies. The Project Area is also home to the Central Police
Facility, which joins police staff, communications, and jail facilities, all under one roof. Within the
Superblock, the eleven story consolidated office tower and parking garage for the State Department of
Transportation, CalTrans, was completed.
PROJECT AREA DESCRIPTIONS
PrOlect Areas
Rlalto Avcnlle
Legend
~cenlr'l City South
Central City East
Central CitylMeadowbrook
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The State College Project Area contains the 350-acre State
College Business Park which is adjacent to the 1-215 Freeway
and University Parkway; making it an ideal place for distribution
and manufacturing facilities. The Business Park includes the
Sun Publishing Co., C Fine-Pack, Prime-Line Products, Color
Tile, and Doane Pet Food Products. While several businesses
exist in the park, vacant land is available for future development.
The California State University of San Bernardino is located near the foothills of the Project Area, which
is also benefitted by proximity to the Shandin Hills Golf Course, which creates an attractive entrance
into the City.
Central City West
The Central City West Project Area was adopted on February
17, 1976 and encompasses four acres. Located at the northeast
corner of Fifth Street and Mount Vernon Avenue, Central City
West has long been recognized as the gateway to the upper Mt.
Vernon Avenue retail and commercial area.
The project is easily identified by its early Spanish motifs and
architectural styling, entailing open space, tiled roofs and
concrete plaza areas. Central City West is within walking
distance to cultural amenities and specialty food restaurants.
State College
Adopted on April 27, 1970, the State College Project Area spans
1,800 acres. The Project Area is located within the northwest
sector of the city and consists of single and multi-family
residential, open space, recreational, commercial and industrial
uses.
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Southeast Industrial Park
The Southeast Industrial Park was adopted on June 21, 1976
with a total acreage of 870 acres. The Project Area is located in
the southeast quadrant of the City and is divided into a 520 acre
western section and a 350-acre eastern section. The western
end is devoted primarily to commercial complexes and
professional offices, while the eastern area is zoned for light
industrial.
Central City West
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The western section is adjacent to the 1-10 and 1-215 Freeways
interchange and offers a restaurant row, a mix of professional
office complexes, a Hilton hotel with convention facilities and
various motels, retail, commercial, and light industrial groups.
West of the 1-215 Freeway is the San Bernardino Auto Plaza.
The eastern section has both 1-10 Freeway and rail access and IS In close proximity to the San
Bernardino International Airport; making it ideal for distribution and manufacturing facilities. Vacant
land is available for development.
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16
Sub-area A is southwest of Cajon Boulevard, north of Seventh
Street and west of the 1-215 Freeway. The area focuses mainly
on the commercial corridors along portions of Highland Avenue, --
Baseline, Medical Center Drive, and Mt. Vernon Avenue. San
Bernardino Community Hospital and the Westside Shopping
Center are major employers in the area.
Sub-area B is located north of the Devil Creek Diversion Channel, south of the 1-215 Freeway,
southeasterly of Palm Avenue, and fronting on both sides of Cajon Boulevard. The area is designated
for industrial uses, with vacant land available for development. The industrial area is connected to the
State College Business Park industrial area via a bridge that allows better access to the 1-15 and 1-215
Freeway interchange.
Sub-area 1 spans 95 acres and is located west of Del Rosa
Avenue and north of Sixth Street to Baseline. This sub-area is
zoned for residential and is occupied by apartment units on a
12-acre site. The remainder of the land is owned and marketed
by the Agency.
Sub-area 2 consists of 283 acres and is located east of
Waterman Avenue, west of Tippecanoe Avenue, and north of the 1-10 Freeway. This sub-area is
highlighted by the Tri-City Corporate Center which is a mix of office, light industrial, retail, and
commercial uses, including a variety of restaurants.
Northwest
The Northwest Project Area was adopted on July 6, 1982 and
contains 1,500 acres. Located in the northwest quadrant of the
City, the Project Area is divided into 940-acre Sub-area A and
560-acre Sub-area B.
Tri-City
The Tri-City Project Area was adopted June 20, 1983 and
contains 378 acres. Located in the southeast section of San
Bernardino, the Tri-City Project Area is divided into two areas:
Sub-area 1 and Sub-area 2.
South Valle
The South Valle Project Area was adopted on July 9, 1984 and
spans 289.3 acres. The Project Area is located south of the 1-10
Freeway within the southern portion of the city limits. South
Valle is adjacent to the commerce center of the Southeast
Industrial Park and Sub-area 2 of the Tri-City Project Area.
South Valle is ideal for commercial and light industrial and is
within the sphere of two commercial and industrial centers. The
Project Area has rail service through the center with a
transcontinental truck terminal located adjacent to the project at
the southwest corner of Hunts Lane and Redlands Boulevard.
Northwest
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Uptown
Adopted on June 16, 1986, the Uptown Project Area
encompasses 432 acres and is divided into two areas: Sub-area
A and Sub-area B.
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Sub-area A consists of 348 acres and encompasses the
business corridors of "E" Street, Baseline, and Highland Avenue,
which includes much of the City's service and retail operations.
Sub-area B is 84 acres and is bounded by Mt. Vernon Avenue,
King Street, Rialto Avenue, and the 1-215 Freeway. The Project
Area is also adjacent to the Metrolink Commuter Station and Amtrak Train Depot.
Because of its location and variety of available space, the Uptown project is ideal for professional and
specialized services. A majority of the City's small to mid-sized medical clinics, dental offices,
laboratories, and related services are either in or adjacent to the Project Area.
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Mt. Vernon
The Mt. Vernon Project Area was adopted June 25, 1990 and M t Ve r non
contains 1,938 acres. The Mt. Vernon Corridor Project Area
comprises portions of the City that once represented the city's
cultural history. The Project Area consists of Sub-area A, Sub-
area B, and Sub-area C.
Sub-area A is 1,722 acres and incorporates commercial uses
along its main thoroughfares, Mt. Vernon Avenue and Foothill
Boulevard. The northwest portion of the area is public flood
control land.
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Sub-area B is 115 acres and is generally located south of Rialto
Avenue, west of the 1-215 Freeway, north of Inland Center Drive, and east of "J" Street. This sub-area
is a combination of commercial, industrial, residential, and public land uses.
Sub-area C is 101 acres and consists of flood control land adjacent and west of the 1-215 Freeway and
northwesterly of Orange Show Road/Auto Plaza Drive.
40th Street
The 40th Street Project Area was adopted July 20, 2000 and 4 0 t h S t r e e t
contains 432 acres. The plan is comprised of two non-
contiguous areas known as Sub-area 1 and Sub-area 2.
Sub-area 1 is the larger of the two sub-areas and is generally
bordered by 44th Street to the north, Sepulveda and Waterman
Avenues to the east, Ralston Avenue and Sonora Street to the
south, and Electric and Mountain Avenues to the west. The 401h 511."
local neighborhood is served by a mix of retail and commercial
uses. Residential uses are primarily north and south of 40th
Street, and east of Sierra Way.
Sub-area 2 consists of multi-unit residential and vacant land just east of Sierra Way and along
Waterman Avenue.
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ACCOMPLISHMENTS
Achievements in Community Revitalization - Prior Five Year Period
THE HUB RETAIL CENTER
Part one of this two phase project along the 1-10 corridor ""
included the acquisition in 2002 of 35 properties to assemble
sufficient land to accommodate a new Sam's' Club, which had
outgrown its current location, a few blocks to the west. This
135,000-square foot facility added an additional 130 employees
to the existing workforce and attracted over $30 million dollars of
private investment to the community.
Following the successful relocation of this key anchor in 2003,
the much more ambitious second phase of the Hub Retail
Center commenced, including the widening of Tippecanoe
Avenue, the realignment of Rosewood Avenue into Harriman
Place, the undergrounding of utilities, and a new traffic signal at Tippecanoe Avenue and Harriman
Place. In Phase II, 87 households were successfully relocated with many tenants becoming
homeowners for the first time through generous relocation packages and the Agency's Mortgage
Assistance Program. The relocation of these tenants made way for the new hospitality and retail center
which now includes a Marriott Residence Inn and Fairfield Inn, and a myriad of new restaurants and
retail outlets including BJ's Brewery, the Elephant Bar, Taco Bell, Coldstone Creamery, and T-Mobile. 0
This development has been a classic redevelopment project eliminating severely blighted conditions,
including substandard housing and major traffic congestion. Both Phase I and II resulted in increased
sales tax, tax increment, and transient occupancy tax of approximately $1.4 million annually for the City
and Agency, and the creation of approximately 450 new jobs. The Agency's cost was approximately
$9.0 million for this endeavor, which was completed in 2006.
INLAND BEHAVIORAL HEALTH SERVICES
Downtown, which has seen challenges in attracting new
development, was chosen as the site for a new medical facility
for Inland Behavioral Health Services (nIBHS"), a community-
based agency established in 1972 which became a federally
Qualified Health Center in 2002. IBHS provides a full range of
health care services to the medically underserved population of
the City of San Bernardino including onsite primary health care,
mental health treatment, programs for pregnant mothers and
their children, as well as drug and alcohol treatment services,
crisis intervention, counseling, drug diversion programs, and
assistance programs for families facing homelessness. IBHS's
patients are uninsured with 39% being Medi-Cal patients. With approximately 17,500 patients served
annually, IBHS expects to double their annual patient count to 35,000 in the first year of operation of
the new facility. The Agency was able to offer assistance to the new $9.2 million, 28,340-square foot
medical clinic at 655 North "0" Street through offsite improvements such as street widening, curbs,
gutters. and sidewalks. and undergrounding of utilities. Completed in 2007. the project has attracted
close to 400 well-paying medical and medical-related jobs to the Downtown area. 0
19
....
SAN BERNARDINO HISTORICAL AND PIONEER SOCIETY
Adjacent to Downtown, the Agency entered into a Disposition and Development Agreement with La
Placita in 2006 to take down the extremely blighted EI Tigre strip center and construct a new shopping
complex opposite the historic 1928 Sante Fe Railroad Depot, which itself has recently undergone $14
million in rehabilitation and historic renovation. Adjacent to this is the San Bernardino Metrolink Station
which provides regular train transportation to Los Angeles and the beach cities. La Placita has been
r - -- -- - - --- - constructed in an architectural style which is sympathetic to the
original railroad depot across the street, including design
elements like fountains, balconies, and piazzas. The project
1'- - -4!-'e:- -"~. consists of 1 00,000 sCluare feet. of retail shops and boutique
~;t;. . stores anchored by a 45,000 square foot Superior supermarket.
1_'- ~-- The Agency was instrumental in assembling the relevant
· , ~." properties, installation of a traffic signal, realignment of streets,
~;J'ff~.=' ,"r.) . and the installation of the curbs, gutters, and sidewalks. When
. .... all of the stores become operational, it is anticipated that
approximately 120 jobs will be created with a $26 million capital
investment on the part of the developer.
MAPEl
To the north of the City in the University Industrial Park, the
Agency disposed of 16 acres of land in 2006 to the Italian
multinational company Mapei, who manufactures grout and
adhesives for the construction and home improvement
industries. Phase one consisted of a 120,000 square foot
manufacturing and distribution center on 6 acres leaving an
additional 10 acres for future expansion. The stunning building,
which was designed by Italian Architect Raphael Grecco, has
set a new benchmark in architectural design and houses a
quality control laboratory and a regional sales office. Mapei is a
truly international company with manufacturing and distribution
facilities in over forty countries across every continent
worldwide. They employ approximately 60 people at the San Bernardino facility.
Another project located in Downtown was an Agency grant in
2006 to the San Bernardino Historical and Pioneer Society.
While small in economic terms, this project was large in terms of
goodwill, enabling the Society to install a new roof to their
historic 1891 Heritage House Museum, originally the home of
Judge George E. Otis. Located on the corner of 8th and "0"
Streets, which is the last remaining carriage corner lot in the
City, the Historical and Pioneer Society Headquarters houses
several important San Bernardino artifacts, and a library of early
San Bernardino documents and records.
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The west side of the City has historically faced challenges in attracting new development because of
disadvantageous locations of freeway exits. The local restaurant chain Amapola Rico Taco, however,
purposefully chose the southeast corner of Baseline and Mount Vernon Avenues to construct their new
corporate headquarters and central commissary to serve the other restaurants in the chain. Not only
did the Agency provide extensive counseling to the owners of
the company in all aspects of design, engineering, and the
development process, but also arranged for the financing of the
project utilizing the Agency's Grow San Bernardino Fund
through the National Development Council. Completed in 2005
this project has resulted in over 20 persons being employed at
the facility, paved the way for three new Amapola outlets since
the facility was built, and served as a catalyst for attracting
further development to the area, including a new Walgreens
pharmacy, a McDonalds restaurant, and a new shopping center
on Mount Vernon Avenue.
ESSEX
As a result of the Orange Show Road extension to Waterman
Avenue, the Agency owned a remnant property at the northwest
corner of Orange Show Road and Waterman Avenue. The
Agency entered into a Disposition and Development Agreement
in 2004 for the sale of this property to the Essex Group for the
construction of an office/industrial park of 222,000 square feet.
The Essex Group constructed condominium units and two free
standing buildings that have all been sold resulting in 33 new
businesses at this corner and 164 new jobs.
AMAPOLA
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The Agency entered into a Redevelopment Cooperation
Agreement with the Inland Valley Development Agency (UIVDA")
in 2007 to provide assistance, through an Owner Participation
Agreement, to the Perris Campus Plaza Project, located in close
proximity to the Orange Show Road development, opposite the
San Bernardino International Airport. Assistance consisted of
financial assistance to address unforeseen expenses incurred
with widening of Tippecanoe Avenue and the completion of
improvements to storm drains and flood control facilities as part l
of mitigation measures for the project. The project consisted of ."
three buildings totaling 107,800 square feet and houses the - - -
Community Action ~artnership of San Bernardino County (a food bank), the County of San Bernardino
Weatherization Department, and the San Bernardino County Preschool Services Department. Over
200 people are employed in these three buildings.
21
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ST. BERNADINE SENIOR HOUSING COMPLEX
Some of the more notable achievements in the Agency's
Housing Division include the rehabilitation of 151 units at the St.
Bernadine Senior Housing Complex at 550 West 5th Street.
The project included the installation of an upgraded elevator,
interior and exterior painting, new awnings, carpet, and covered
carport. The Agency expended $700,000 in federal HOME
Funds for this project which was completed in 2007.
TELACU
The Agency entered into a Development and Disposition Agreement with TELACU Development, LLC
in 2005 for the development and sale of 12 single family homes (6 affordable and 6 market rate units)
for the 49th Street rehabilitation project. To facilitate the project,
the Agency acquired a dilapidated but occupied 4-plex unit, 5
vacant 4-plex units, and 6 vacant parcels. The original residents
were relocated to safe and sanitary housing elsewhere in the
City. The Agency expended $1.2 million from its Low and
Moderate Income Housing Fund in the 40th Street Project Area
and has since acquired, relocated, and demolished an additional
four 4-plexes and one 10-plex for future Phase II development of
49th Street. To date, the Agency has expended a total of $2.7
" million from its Low and Moderate Income Housing Fund and
. -...:..."~ -=~. i $500,000 in federal HOME funds.
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GILBERT STREET
Under a Development Agreement with AHEPA National Housing
Corporation Inc. and AHEPA Local Arrowhead 302 Chapter, a
beautiful new 90-unit, senior housing complex was constructed
at 377 East Gilbert Street near Saint Bernadine Hospital. The
Agency expended $1.3 million in federal HOME funds on this
showcase project which was completed in 2009.
MEADOWBROOK PARK
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In the Meadowbrook Park area of Downtown, the Agency
acquired 11 dilapidated properties consisting of a neighborhood
store, three 4-plexes, six single family homes, and two vacant
parcels to assemble 13 lots. The tenants were relocated and
structures demolished. The parcels were combined with 10
developer-owned lots for the construction of 23 single family
homes. The Agency expended $4.1 million from its Low and
Moderate Income Housing Fund on this important slum
clearance project. The project was completed in 2008.
22
SECTION II: REDEVELOPMENT STRATEGIC PLAN
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REDEVELOPMENT PLAN GOALS
Community Reinvestment and Revitalization
This Implementation Plan establishes a programmatic work plan for implementing and achieving the
goals of the Redevelopment Agency over the next five years. Those strategic goals are set forth in the
Agency's adopted redevelopment plans for the 14 Project Areas, and are listed as follows.
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Develop Community Identity. Foster community identity by promoting an
environment characterized by architectural and urban design principles, developed
through the encouragement, guidance, and professional assistance to owner
participants and redevelopers.
Improve Quality of Life. Increase the variety of recreational opportunities
available to the residents within the Project Areas.
Create a Stronger Local EconolTlY. Create local job opportunities by attracting
retail and other non-residential commercial and office uses, particularly along major
thoroughfares.
Invest, Promote, and Respect. Promote economic development in the Project
Area(s) by providing an attractive, well-serviced, and well-protected environment.
Encourage land disposition and development through land assembly and improved
access to infrastructure and public services. Address incongruous land uses by
developing landscape buffers and greenbelts.
Emphasize Infrastructure Improvements. Facilitate improvements to public
infrastructure and facilities that serve the Project Areas, including installation,
construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters,
sidewalks, and other public improvements.
Improve and Develop Efficient Circulation Systems. Develop a circulation
system that improves vehicular movement. Provide and regulate the provision of
parking to meet the needs of residents and commercial businesses.
24
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Encourage Community Engagement. Economically revitalize the Project Areas
by supporting the cooperation and participation of residents, business owners,
public agencies, and community organizations.
COLLABORATE
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Housing Accessible to All Families. Increase, improve, and preserve the supply
of housing, especially housing affordable to very low, low, and moderate-income
households. Increase home ownership in the residential portions of the Project
Areas.
PRESERVE
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25
STRATEGIC PLANNING
Strategic Objectives and Regional Strategies
To implement the eight redevelopment goals of the Agency, this Redevelopment Strategic Plan
establishes strategic objectives, regionally-focused strategies, and a five year action plan of projects
and programs.
The core elements of this Implementation Plan are the five year work programs developed for two
geographic regions of the City. The work programs share a common sequence of strategic objectives
designed to create a logical and strategic plan for successful redevelopment.
STRA TEGIC OBJECTIVES
Much of the Agency's success depends on its ability to time projects to market opportunities, anticipate
and respond quickly to the needs of investors, and build bonding capacity to support new development
and public improvements. The Agency's five year work programs are structured around three
consistent strategic objectives intended to maximize the Agency's responsiveness to market
opportunities, manage public and private risk, and facilitate the creation of public improvements and
affordable housing.
Plans and Policies
Redevelopment is a catalyst and tool to pursuing a vision
that is cast by City leaders through land use plans and
policies. Long-range plans that support redevelopment
activities provide policy direction to derive the greatest
public benefit from redevelopment activities and projects,
and discourage inefficient piecemeal development. By
establishing land use objectives and policies,
development standards, and design guidelines, the City
sets the policy stage for redevelopment and helps create
a reduced-risk environment that more readily attracts
private investment. Land use plans and policies also
provide the framework for planning and financing
infrastructure that will support new development. During
26
the next five years, the development and adoption of updated land use plans and policies will be critical
in the Downtown area where the City and Agency recently completed a long-range Downtown Core
Vision/Action Plan. Updated General Plan and zoning regulations will provide tools for guiding
ranc\lolnn",ont nf tho nr\\Alntl"\\A/n
represent the strategic priorities of Hie Agency. The future implementation of each project or program
is subject to funding availability and approval by the Agency as described below.3
FUNDING SOURCES
The Agency's redevelopment powers and resources provide the Agency a unique ability to collaborate
with other stakeholder agencies (e.g., City, IVDA, Omnitrans, federal agencies) to leverage multiple
funding sources toward projects and programs that achieve common strategic objectives. The
following strategic work programs contain potential projects and programs and identify cost estimates
and their funding sources. These cost estimates are general and non-specific estimates and are not
yet approved or budgeted expenditures of the Agency. Cost estimates are based on one or more
funding sources as defined below.
Funding Source
Definition
TIF
Tax Increment Financing
CIP
City Capital Improvement Program/Plan
DIF
City Development Impact Fees
PBID
Property-based Business Improvement District (as listed in the
work programs, .PBID" may also include assessment districts,
landscape and lighting districts, community facilities districts, etc.)
CDBG/108
Community Development Block Grant and Section 108 Loans
(administered by the U.S. Department of Housing and Urban
Development)
N5P
Neighborhood Stabilization Program (grant administered by the
U.S. Department of Housing and Urban Development)
EPA
Federal Environmental Protection Agency grants
5B County
County of San Bernardino
IVDA
Inland Valley Development Authority
Omnitrans
Regional bus transit agency
AFBA
As Funding Becomes Available
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o
SECTION III: HOUSING COMPLIANCE PLAN
o
0-
65
o
o
INTRODUCTION
Overview of the Housing Compliance Plan
The CRL requires agencies to adopt an affordable housing compliance plan that identifies how the
Agency will achieve the affordable housing production requirements for each Project Area. The
compliance plan must be consistent with the jurisdiction's housing element and must also be reviewed
and, if necessary, amended at least every five years in conjunction with the cyclical preparation of the
housing element or the agency's five year implementation plan. This section of the Implementation
Plan addresses specific requirements in the CRL with respect to prior affordable housing activities and
the anticipated housing program for the current ten-year plannjng period (fiscal years 2004-05 through
2013-14) ("Compliance Period"). This Housing Compliance Plan amends the Affordable Housing
Compliance Objectives adopted on January 22, 2007 and presents an updated affordable housing plan
through the duration of the Compliance Period. Additionally, the Housing Compliance Plan details the
Agency's Housing Goals and proposed work program during the Compliance Period and evaluates the
Agency's affordable housing requirements for the next ten years (FY 2009-10 to 2018-19) and the life
of the Redevelopment Plans.
The Agency is required to allocate 20% of the tax increment revenue it receives from the Project Areas
to increase and improve housing affordable to very low, low, and moderate income households. The
Housing Fund has been established for this revenue. The Agency has the authority to expend the
Housing Fund either inside or outside the Project Areas and aggregate its housing production activities
among all Project Areas to more effectively meet housing program objectives. This includes the area
contained within the Inland Valley Development Agency ("IVDA") Redevelopment Project Area located
within the City of San Bernardino jurisdictional boundaries. The Agency, with the adoption of its 2004
Housing Compliance Plan, has taken action to aggregate its new and substantially rehabilitated units
among all Project Areas. The Agency will consider similar action at the Public Hearing to consider the
adoption of this Implementation Plan. It is anticipated that, based upon the evidence provided, the
Agency will find that the aggregation of its affordable housing obligations among its Project Areas is of
benefit to the Project Areas and the community, and that such aggregation will not cause or exacerbate
racial, ethnic, or economic segregation.
Redevelopment agencies use implementation plans to establish ten-year objectives to achieve
compliance with the CRL in its affordable housing programs. These generally fall into three categories:
· Housing Production - Based on the number of housing units constructed or substantially
rehabilitated over a ten-year period, a redevelopment agency must ensure that a percentage of
these units are affordable to low and moderate income households.
· Replacement Housing - Another legal obligation of redevelopment agencies is to ensure that any
housing units destroyed or removed as a result of an agency redevelopment project are replaced
within four years.
· Expenditures by Household Types - Redevelopment agencies must meet specific requirements on
the amount of Housing Funds spent over a ten-year period on housing affordable to very low income
households, low income households, and housing for residents under the age of 65.
66
IVDA PROJECT AREA AND HOUSING POLICY WITH THE AGENCY
IVDA is a joint powers authority comprised of the Cities of Colton, Loma Linda, Redlands, and San
Bernardino, and the County of San Bernardino (the "County"). The IVDA Project Area was adopted by
ordinance of the IVDA on July 18, 1990. The IVDA Project Area covers approximately 14,000 acres
within approximately 22,400 (assessor's) parcels. The majority of land within the IVDA Project Area
falls within the City and County unincorporated territory, with somewhat smaller areas falling within the
Cities of Colton, Lorna Linda, and Redlands. The IVDA was formed in response to the federal
government's decision to close the Norton Air Force Base. Under the CRL, specific authority was
granted to these jurisdictions to form a redevelopment project area within three miles of the territory
surrounding, adjacent to, or in proximity to the Norton Air Force Base. Base closures have a significant
impact on the economy of the surrounding area and authority was granted to the IVDA and participating
agencies to revitalize this area.
The IVDA and participating jurisdictions have entered into an agreement whereby said jurisdictions
have agreed to administer IVDA's Low and Moderate Income Housing Funds to increase and improve
the communities' supply of housing available at affordable housing costs to persons and families of
very low, low, and moderate income households within their respective jurisdictional boundaries.
Pursuant to the current IVDA affordable housing program, 20% housing set-aside funds are transferred
by the IVDA to each participating jurisdiction which in turn use these funds for specific affordable
housing development activities either within the portion of the IVDA Project Area located within their
jurisdictional boundaries or elsewhere in the territorial jurisdiction of the participating jurisdiction. Each
participating jurisdiction provides the IVDA with an annual written report on the member's use of such
affordable housing funds.
Under the provisions of CRL Section 33413(b)(2)(ii), when a redevelopment agency produces an 0
affordable housing unit outside its project area, an agency may only claim a 50% "inclusionary housing
credit" for such a housing unit. On September 14, 2005 the IVDA adopted Resolution No. 2005-08
which permitted each member jurisdiction that adopts an acceptance resolution of the IVDA
Inclusionary Housing Policy to receive 100% of the inclusionary/replacement housing credits for any
developed or newly rehabilitated housing unit undertaken by the member jurisdiction or its duly formed
redevelopment agency within the IVDA Project Area that is also within the territorial jurisdiction of such
member jurisdiction.
The Agency on November 7, 2005 adopted Resolution No. CDC 2005-38, which accepted the IVDA
Inclusionary Housing Policy. The Agency is now able to receive 100% of the inclusionary/replacement
housing credits for developed or rehabilitated housing units within the IVDA Project Area. As such, this
Implementation Plan encompasses both those units created/replaced within the San Bernardino Project
Areas and the IVDA Project Area, collectively referred to as the "Project Areas."
Although the IVDA has been transferring its 20 percent housing set-aside funds annually to the Agency,
it should be noted that the IVDA, the legislative body which controls its 20 percent set-aside, could
make a finding and determination to withhold these funds at any time. Consequently, any and all IVDA
funds should be treated and used as "estimates and projections." Future revenue streams from IVDA
funds are uncertain and therefore restrict the Agency's bonding capacity if supported by tax increment
revenue generated within the IVDA Project Area.
o
67
AGENCY'S FIVE YEAR AFFORDABLE HOUSING GOALS
Community Affordable Housing Focus
In conjunction with the Mayor and Council members, the Agency completed an Integrated Housing
Strategy ("IHS") on October 20, 2008 to help focus implementation activities to meet the City's current
and future housing needs. As a result of the IHS and the goals indentified in the Redevelopment
Plans, the following details the Agency's housing goals over the remainder of the Compliance Period:
.
HELP
0
INVEST
0 ~
COLLABORATE
(!)
PRESERVE
Notice of Funding Availability. Create a more objective and consistent system for
awarding funds for housing projects.
Invest, Promote, and Produce. Promote affordable housing development in the
Project Area(s) by providing housing resources for greater community sustainability.
Efficiently and creatively expend scarce housing resources.
Encourage Community Engagement. Encourage private sector investment and
development of affordable housing by supporting the cooperation and participation
of residents, business owners, public agencies, and community organizations.
Housing Accessible to All Families. Increase, improve, and preserve the supply
of housing, especially housing affordable to very low, low, and moderate income
households. Increase home ownership in the residential portions of the Project
Areas.
AGENCY AFFORDABLE HOUSING FIVE YEAR STRATEGY
Affordable Housing Strategic Programs
The following describes the Strategic Programs the Agency will undertake to achieve its affordable
housing goals in the Project Areas. The Strategic Programs were identified as part of the IHS and
Agency staff input on additional needs since the IHS was prepared. The Strategic Programs, including
the projects contained within, will be facilitated in all of the Project Areas to satisfy the Agency's
affordable housing requirements pursuant to the CRL.
· Affordable Housing Project Solicitation: The Agency will allocate funds on an annual basis that
will be used to review development proposals, provide project gap funding, improve housing stock,
and ensure adequate affordable housing management. The purpose of this is to provide funding to
address housing needs throughout the City as they arise while meeting affordable housing needs.
o
68
. Single-Family Homeownership and Neighborhood Revitalization: The Agency seeks to
facilitate programs designed to enhance residential neighborhoods and promote responsible
homeownership. This will create healthy and sustainable communities throughout the City.
. Strategic Site Specific Development: The Agency will explore opportunities to acquire specific
strategically located sites for affordable multi-family and single family housing development. Sites
will generally be chosen based on presence of blight or the potential of being a catalytic project
spurring private investment.
. Grant and Loan Procurement: The Agency will seek grant and loan opportunities that can be
immediately inserted into existing programs and projects in order to extend the Agency's delivery of
housing production. By applying for specific grant and loan opportunities that integrate smoothly into
existing Agency activities, the speed of new development will increase without additional cost to the
Agency.
AFFORDABLE HOUSING WORK PROGRAM
The list below describes the proposed strategies and related projects for affordable housing across all
Project Areas, including Housing Goals that would be achieved, projected timeframe, and estimated
costs to implement each Strategic Program over the next five years.lO Additional projects that are not
listed may be implemented over the next five years in accordance with the Strategic Programs.
Project/Description
. . p~&~
Housmg Goals Achieved T' f
Ime rame
()
STRATEGIC PROGRAM H-1: AFFORDABLE HOUSING PROJECT SOLICITATION. A total of $17,450,000 from the
Housing Fund has been allocated towards this program over the remainder of the Compliance Period.
[J Notice of Funding Availability: Program that provides for
affordable housing development by informing potential
developers of the availability of housing funds from the
Agency's various housing fund resources.
80~@
Ongoing
HELP INVEST COLLABORATE PRESERVE
STRATEGIC PROGRAM H-2: SINGLE-FAMILY HOMEOWNERSHIP AND NEIGHBORHOOD REVITALIZATION. A total
of $15,760,000 from the Housing Fund has been allocated towards this program over the remainder of the Compliance
Period.
[J Residential Revitalization Opportunities: Funds allocated
to neighborhood housing projects to lessen blight and
promote high quality affordable housing.
O~
FY 12-13 thru
FY 13-14
INVEST COLLABORATE
[J Homebuyer Assistance Program: Citywide housing
program that promotes home ownership through a deferred
payment second trust deed loan targeted to income eligible
home buyers.
O~@
Ongoing
INVEST COLLABORATE PRESERVE
[J Code Compliance Receivership Program: Program that
utilizes Section 17980.7 of the California Health and Safety
Code to target blighted residences for rehabilitation and
overall neighborhood revitalization.
o
Ongoing
INVEST
10 Costs are subject to change, and completion of these projects may require future action by the Agency.
o
69
Project/Description
. . ~~ect~
Housmg Goals Achieved T' f
Ime rame
o Single Family Rehabilitation Program: Program provides
grants of $10,000 to income eligible homeowners for exterior
rehabilitation within designated target areas. Grant may be
used for exterior painting, landscaping, sprinklers, fencing,
driveway, security lighting or roofing.
o Old Timers Grant Program: The Old Timers Foundation, a
local non-profit corporation, performs minor and emergency
repairs to low-income homeowners (80% and below median
income). The repairs generally do not exceed $1,600 per
house. Eligibility requirements require that the applicant be a
senior age 60, disabled, handicapped, or a recipient of Social
Security Income.
O~(!)
INVEST COLLABORATE PRESERVE
O~(!)
INVEST COLLABORATE PRESERVE
Ongoing
Ongoing
STRATEGIC PROGRAM H.3: STRATEGIC SITE SPECIFIC DEVELOPMENT. A total of $16,800,000 from the Housing
Fund has been allocated towards this program over the remainder of the Compliance Period.
[;) land Acquisition, Relocation, and Demolition Program:
Program that promotes ancillary development and site
preparation activities for future development of Agency
properties.
o
o 5th and Meridian Project: Project located along the 2600
block of W. 5th Street that is targeted for acquisition, tenant
relocation, and a RFP soliciting an affordable housing
developer.
o 49th Street Housing: Further acquisition and
demolition for future housing development through the
acquisition of blighted properties to be replaced by up to
seven new affordable and market rate single family
homes.
[;) 19th and Sunrise Project: Acquisition, relocation,
rehabilitation and/or demolition of a series of blighted
four-plexes to be followed by affordable rental housing
and newly built for-sale single family homes.
o Magnolia-Highland Senior Housing: New construction of
80 units of affordable senior housing to be built on a
previously blighted commercial site. This represents the first
project from the Agency's NOFA program.
o
INVEST
O~(!)
INVEST COLLABORATE PRESERVE
O~(!)
IHVEst COLLABORATE PRESERVE
O~(!)
INVIEST COLLABORATE PRESERVE
GO ~ (!)
HELP INVEST COLLABORATE PRESERVE
Ongoing
FY 09-10 thru
FY 11-12
FY 09-10 thru
FY 11-12
FY 09-10 thru
FY 12-13
FY 09-10 thru
FY10-11
STRATEGIC PROGRAM H-4: GRANT AND lOAN PROCUREMENT. A total of $250,000 from the Housing Fund has
been allocated towards this program over the remainder of the Compliance Period.
o Tax Credit Procurement: Technical assistance funds
allocated to develop and submit competitive low-income
housing tax credit applications.
o
O(!)
INVEST PRESERVE
Ongoing
70
ProjectlDescription
o Action Programs and Applications: Technical assistance
funds allocated to secure federal, state and other affordable
housing grants and related resources.
Projected
Timeframe
Housing Goals Achieved
{)~@
Ongoing
INVEST COLLABORATE PRESERVE
STRATEGIC PROGRAM H-5: OTHER STRATEGIC HOUSING DEVELOPMENT ACTIVITIES. A total of $3,337,670 from
the Housing Fund has been allocated towards this program over the remainder of the Compliance Period.
o Casa Ramona I Highland Stand by: Funds allocated on a
stand-by basis to assist developer financing of an affordable
senior housing project previously assisted with Agency
housing set-aside funds.
o Utility Rebate Program: Program provides sewer, water, and
refuse rebates to eligible owner-occupied households.
o Mobile Home Inspection Program: Funds used to pay a
portion of the salary of a city building inspector whose job it is
to identify health and safety violations in the city's network of
mobile home parks and to cite those violators.
o Emergency Relocationl Rent Assistance: Funds used by
the City Attorney's Office to pay for emergency relocation of
low-income tenants of residential rental properties cited for
severe health and safety code violations.
o Casa Ramona Grant: Grant funds made available to an
affordable senior housing project previously assisted with
Agency housing set-aside funds.
{)@
FY 09-10 thru
FY 13-14
o
o
71
INVEST PRESERVE
{)
Ongoing
INVEST
{)
Ongoing
INVEST
{)
Ongoing
INVEST
{)@
FY 09-10 thru
FY 13-14
INVEST PRESERVE
o
o
AFFORDABLE HOUSING COMPLIANCE
BLUEPRINT FOR AGENCY HOUSING ACTIVITIES
The Housing Compliance Plan serves as a blueprint for current and future Agency activities within the
Project Areas and outlines how it will meet its low and moderate income housing responsibilities and
eliminate blight. This Housing Compliance Plan presents a summary of the Agency's inclusionary and
replacement housing programs as mandated by Sections 33413(b)(4) and 33490(a)(2) and (3) of CRL
Sections 33000 et seq. Specifically, it presents a forecast of the number of affordable housing units
that may be required over the ten-year Compliance Period, and assesses the Agency's plans to
facilitate the creation of the required number of affordable housing units within this timeframe.
Adoption of a Housing Compliance Plan does not constitute approval of any specific project, program,
or expenditure, and it does not change the need to obtain any required approval of a specific program,
project, or expenditure from the Agency or community. The Housing Compliance Plan is a general
statement of direction rather than an unalterable course of action. As such, in order to effectuate its
purposes due to unknown circumstances or new opportunities that arise from time to time, the Agency
may amend the Housing Compliance Plan during the five-year term of the Implementation Plan at any
point, including but not limited to the mid-term opportunity as required by CRL.
HOUSING PRODUCTION
Since 1976, redevelopment agencies have been required to assure that, for all units developed in a
project area by entities other than an agency, at least 15% of these new or substantially rehabilitated
dwelling units be made available at affordable costs to very low, low, or moderate income households.
Of these affordable units, not less than 40% are required to be available at affordable costs to very low
income households. These requirements are applicable to housing units as aggregated, and not on a
project-by-project basis to each dwelling unit created or substantially rehabilitated unless so required by
an agency.
These affordable housing production requirements differ for Agency-developed housing versus
privately-developed housing. The CRL requires that at least 30% of all new or substantially
rehabilitated units directly developed by an agency (within a project area) be available at affordable
costs to households of very low, low, or moderate income. Of this 30%, not less than 50% are required
to be available at affordable costs to very low income households. It is the practice of this Agency to
enter into agreements with third party developers to build all affordable housing units in the Project
Areas, and not directly develop housing. The Agency intends to continue this practice through the
remaining life of the Redevelopment Plans. Appendix 2 provides a glossary of terms related to
affordable housing covenants, affordability limits, and inclusionary unit satisfaction.
Table 111-1 on the following page shows the total amount of affordable units that have been or are
anticipated to be produced in the Project Areas. Those affordable units already produced have
documented covenants appropriate to the time in which they were produced and have been counted
towards the inclusionary requirements triggered by development in the Project Areas pursuant to CRL
Section 33413(c)(1). These affordable units which have been counted towards inclusionary
requirements cannot also be used to replace affordable units destroyed within the Project Areas. At this
time, no affordable units produced outside the Project Area are expected to be counted towards
inclusionary housing requirements. However, in the future, housing units restricted to lower income
households produced outside the project Areas may be used towards satisfying inclusionary housing
requirements on a 2-for-1 basis according to Section 33413(b )(2)(ii) of the CRL.
72
Production of Affordable Units
San Bernardino Economic Development Agency
Table III - 1
Total Low &
Affordable Very Low Moderate
Units 1 Units Units
Produced From Adoption through 626 537 89
6/30/2009
Projected To Be Produced From
7/1/2009 through the End of the 403 162 241
Redevelopment Plans
Total Affordable Units Produced 1,029 699 330
1 Does not include units that are to replace demolished affordable units
As of June 20, 2009, there have been 537 very low income and 89 low and moderate income units
produced in the Project Areas since the adoption of the Redevelopment Plans. From July 1, 2009
through the termination of the Redevelopment Plans, it is projected that 162 very low and 241 low or
moderate income restricted units will be produced. Therefore, throughout the entire life of the
Redevelopment Plans, it is estimated that a total of 1,029 very low, low, or moderate income restricted
units will have been produced in the Project Areas.
The Inclusionary Housing Obligations table on the following page (Table 111-2) summarizes the
production goals over various time periods as required by the CRL; a summary by Project Area may be
found in Appendix 3. The number of affordable units required is based on statutory thresholds
prescribed by the CRL, and the Agency is responsible for ensuring that the appropriate number of
affordable units is created during the Compliance Period.
Pursuant to CRL Section 33413( d)( 1), project areas adopted before 1976 are exempt from the
production requirements previously described for very low, low, and moderate income housing
("inclusionary units"). This exemption is removed if a 10-year extension of the project area's
effectiveness is adopted under CRL Section 33333.10. Meadowbrook / Central City, State College,
and Central City North Project Areas were adopted in 1970 and 1973, respectively, and have not been
amended to date under CRL Section 33333.10. Therefore, housing units built in these Project Areas do
not generate inclusionary housing obligations. However, since the Agency has aggregated its housing
production obligations across all Project Areas, affordable units produced in these Project Areas may
be used to satisfy obligations generated in other Project Areas in the City.
To estimate the number of housing units that need to be affordable to low and moderate income
households, the Agency estimated the total number of units to be constructed or substantial
rehabilitated in the Project Areas and applied formulas established in the CRL. The following
inclusionary housing analysis takes into account all residential construction or substantial rehabilitation
that occurred within the Project Areas since their adoptions to determine affordable housing production
needs, and includes projections for the number of additional dwelling units to be constructed or
substantially rehabilitated during the Compliance Period, the next ten years, and over the life of the
73
o
o
Redevelopment Plans. Appendix 4 shows a complete listing of all housing units counted towards the
Agency's Inclusionary Housing Obligations through June 30, 2008 as well as the affordability covenants
associated with each of the units.
o
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74
Inclusionary Housing Obligations
Table 11I.2
San Bernardino Economic DeveloDment Aaencv
Aggregate of All Project Areas
Units Total
Affordable Very Low Low &
Privately Units Units Moderate
Developed Required2 Units
Housing Units Developed 3 901 138 58 80
~'It AdoJ)tion through 6/30/1994
oel> -------- - - - .
_el> Affordable Units Built or Covenanted
.. .... I 22 1 21
Q.- Adoption Through 6/30/1994
00 I
'C!:!
<Ul Affordable Units Surplus (Deficit)
Adoption Through 6/30/1994 (116) (57) (59)
'tl Housing Units Developed 3
0 253 45 22 23
'1: ''It 7/1/1994 . 6/30/2004
ct 'It 0
el>0 Affordable Units Built or Covenanted
..: el>N 498 447 51
:0;: :!:o 7/1/1994.6/30/2004
0 ......,
.... ;:::Ui Affordable Units Surplus (Deficit)
Ui 453 425 28
.... 7/1/1994 . 6/30/2004
CUMULA TIVE AFFORDABLE UNIT SURPLUS (DEFICIT) 337 368 (31)
ADOPTION THROUGH 6/30/2004
Housing Units Developed 3 280 46 22 24
. , (l) 7/1/2004.6/30/2009
~~g Affordable Units Built or Covenanted I
'It ll)~~ 106 89 17
'tl .... 7/1/2004.6/30/2009
0 0 ~~~ ~
'I: I'll ...."co Affordable Units Surplus (Deficit) -----[_:~----~-----~--
ct 0
.., 7/1/2004.6/30/2009
..: Ui ---- ----------------------
> , Housing Units to Be Developed (Est.) 3
0 'It ~~:! 194 34 17 17
.... 0
0 >00 7/1/2009.6/30/2014
'tl !:::! ll)o~
c:: .... ~c:l Affordable Units To Be Built or Covenanted (Est.) II
I'll ;:: 'g~l:::! 403 162 241
I'll"'" 7/1/2009.6/30/2014
Affordable Unit Surplus (Deficit) Over 2nd 10 Year " 431 213 218
Compliance Period (Est.) 7/1/2004 . 6/30/2014 Ii
CUMULA TIVE AFFORDABLE UNIT SURPLUS (DEFICIT) (Est.) \1
ADOPTION THROUGH 6/30/2014 II 766 580 186
I'
~'tl 'el> Housing Units to Be Developed (Est.) 3 29 13 16
'It.... 175
o .S! ....0 7/1/2014.6/30/2019
01'1I
.... .. 1'1I- Ii
'E~ _0 Affordable Units To Be Built or Covenanted (Est.)
......, 0 0 0
.., t::co 7/1/2014.6/30/2019
CUMULA T1VE AFFORDABLE UNIT SURPLUS (DEFICIT) (Est.) 1/
ADOPTION THROUGH 6/30/2019 " 737 567 170
"
, Housing Units to Be Developed (Est,) 3
Cl> 250 40 19 21
....'C 7/1/2019.. End of RedeveloDment F'lans
o c:
!:::!w Affordable Units To Be Built or Covenanted (Est.) Ii
.... 0 0 0
;:: 7/1/2019. End of Redevelopment Plans
CUMULA T1VE AFFORDABLE UNIT SURPLUS (DEFICIT) (Est.) I ~
ADOPTION THROUGH THE END OF REDEVELOPMENT PLANS +697 +548 +149
1 Pursuant tD 33413(d)(I), project areas adDpted befDre 1976 are exempt from the requirement tD restrict as affDrdable tD very IDW, IDW, and mDderate
incDme hDusehDlds.
2 15% Df All Units DevelDped Dr Substantially Rehabi/iated
3 HDusing Units DevelDped / TD be DevelDped include bDth newly cDnstructed units and substantially rehabilitated units per SectiDn 33490(a)(2)(8).
75
o
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o
Table 111-2 shows that development over the past five years has generated a need for 22 very low and
24 low or moderate income restricted units. As 89 very low income units and 17 low and moderate
income units were produced during this time, there remains a surplus of 67 very low and 7 low or
moderate income units. Development that is anticipated to occur over the next five years in the Project
Areas will generate the need for 34 affordable units, 17 of which must be restricted to very low income
households. The Agency further anticipates that during the same time period, 403 affordable units will
be produced, 162 units of which are expected to be restricted to very low income households and 241
to low or moderate income households. Therefore, during the course of the current ten-year
Compliance Period, it is estimated that the Project Areas will have produced a total surplus of 431
affordable units, 213 of which are very low and 218 are low or moderate units. Taking this surplus into
account, it is projected that, from adoption of the Redevelopment Plans through June 30, 2014, the
Project Areas will likely have a total surplus of 766' affordable units, 580 of which will be restricted to
very low income households and 186 to low or moderate income households.
Through the remaining effective term of the Redevelopment Plans, the Agency has projected that the
number of housing units that are to be produced will be based on historical development trends and
amounts of available land in each of the Project Areas. During the first five years of the next
Compliance Plan period, fiscal years 2014-15 through 2018-19, the Agency anticipates that
development will generate the need for 13 very low and 16 low income units. Similarly, development
that will occur from fiscal year 2018-19 through the term of the Redevelopment Plans will generate the
need for 19 very low and 21 low income units. Taking into account the surplus of affordable units at the
end of the current Compliance Plan Period, there will still remain a surplus of 548 very low and 149 low
income units at the expiration of the Redevelopment Plans.
As described earlier in this Implementation Plan, the Agency anticipates development of affordable
housing projects in the Project Areas over the Compliance Period that may result in sufficient units to
meet the housing production goal. Included in Appendix 2 is a breakdown of projected housing
production by Project Area. The fulfillment of the projected housing needs is anticipated to be
accomplished through the completion of the programs listed in Work Program.
o
76
REPLACEMENT HOUSING
Summary of Replacement Units Versus Demolished Units Table III - 3
San Bernardino Economic Development Agency
# of Units # of Bdrms Very Low Units Low & Mod Units
.c"=" Demolished 366 714 272 94
mO
::10
o~ Replaced 1122 2314 751 371
...0
.c M
I-Ui Surplus (Deficit) 756 1600 479 277
'0) Demolished 187 333 80 107
"=,,0
00
ON Replaced 40 81 11 29
N-
_0
..... M
- - Surplus (Deficit) (147) (252) (69) (78)
t-co Cumulative Surplus (Deficit) 609 1348 410 199
Through June 30, 2009
Source: San Bernardino Development Services Department
The CRL requires that whenever housing occupied by low and moderate income persons or
households are destroyed as part of an Agency project, the Agency is responsible for ensuring that an
equivalent number of replacement units are constructed or substantially rehabilitated. These units must
provide at least the same number of bedrooms destroyed, and 100% of the replacement units must be
affordable to the same income categories (very low, low, and moderate) as those removed. The
Agency receives a full credit for replacement units created inside or outside the Project Areas. Table 0
111-3 above summarizes the units that have been demolished and subsequently replaced in the Project
Areas.
According to Agency records, there were 366 affordable units that were destroyed in the Project Areas
from the adoption of the Redevelopment Plans through June 30, 2004. Of these, 272 units were
occupied by very low and 94 were occupied by low or moderate income households. However, during
the same time period, 751 very low and 371 low or moderate replacement units were built or
covenanted in or outside the Project Areas, generating a surplus of 479 and 277 very low and low or
moderate income affordable units, respectively.
Similarly, from July 1, 2004 through June 30, 2009, records show that 80 very low and 107 low or
moderate income units were destroyed and were replaced by 11 very low and 29 low or moderate
income units. This left a deficit for this period of 69 and 78 very low and low or moderate income
affordable units, respectively. However, the surplus from the previous period was sufficiently large to
offset this period's deficits. Therefore, from adoption of the Redevelopment Plans through June 30,
2009, there were a total of 609 more affordable units produced than were destroyed in the Project
Areas. A complete listing of all the replacement units quoted in the above table can be found in
Appendix 5.
During the remaining Compliance Period through June 30, 2014, the Agency anticipates one additional
project that will result in the displacement or removal of affordable housing units in the Project Areas.
The 5th and Meridian Avenue Project contains 68 housing units and a Replacement Housing Plan was
adopted by the Agency on September 8, 2009. When the Agency purchased the property, 38 units
were in such disrepair (lack of plumbing and electrical wiring) that they could not be inhabited without
substantial rehabilitation and thus were not viable market units. Of the remaining 30 viable units, 29
very low income units and one moderate income unit will be removed from the housing market and will
o
77
need to be replaced by the Agency. As depicted in Table 111-3, the Agency currently has a surplus of
609 replacement housing units that will be more than sufficient to replace displaced units resulting from
the 5th and Meridian Project.
HOUSING PROGRAM CASH FLOW ANALYSIS
The Agency's primary source of funding for housing projects and programs is the annual deposit of
20% of its tax increment revenue into a special housing set-aside fund. The CRL requires that these
funds be used to increase, improve, and preserve the community's supply of housing available, at
affordable housing cost, to persons and families of very low, low, and moderate incomes. Other
sources of Housing Fund revenues include interest earnings, bond proceeds, IVDA housing revenue,
loan repayments, and other miscellaneous revenue. The following table presents the Agency's
Housing Fund projected cash flow over the next ten years. The first five years represent the remainder
of the Compliance Period (FY 2004-05 through 2013-14) and the subsequent five years represent the
beginning of the next compliance period (FY 2014-15 through 2023-24) and is included to assist the
Agency with planning for future affordable housing projects and programs.
o
o
78
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Due to the State's actions to take redevelopment funds to balance the State Budget, the Agency may
be required to make Educational Revenue Augmentation Fund ("ERAF") payments during the planning
period. In 2008, the State approved the prior budget contingent upon a $350 million shift of tax
increment monies from redevelopment agencies to be applied to ERAF. The California Redevelopment
Association filed a lawsuit on behalf of all redevelopment agencies asserting that the take from
redevelopment was unconstitutional. On April 30, 2009, a judgment in favor of redevelopment
agencies was rendered, affirming that the take was unconstitutional and therefore illegal. The State
has since dropped their appeal of the court decision.
Following this judgment, the State of California approved the FY 2009-10 budget egregiously relying on
a $2.05 billion ERAF shift from redevelopment agencies over the next two years. The additional shift to
ERAF (referred to as the Supplemental Educational Revenue Augmentation Fund or "SERAF") is
estimated to result in a payment of $11,000,000 in 2009-10, and $2,453,000 in 2010-11 from the
Agency. The budget trailer bill, Assembly Bill 26 4x, contains a provision by which the Agency has the
option to suspend its fiscal 2009-10 20% housing set-aside contribution in order to assist the ERAF
shift in that year; however the loan will need to be repaid by June 30, 2015. If the Agency elects this
option, the loan could potentially delay many of the housing programs and projects anticipated over the
next five year period.
EXPENDITURES BY HOUSEHOLD TYPES
0..
Effective January 2002, expenditure of housing set-aside revenues is subject to certain legal
requirements. At a minimum, the Agency's Housing Fund revenue is to be expended in proportion to
the community's need for very low and low income housing, as well as the proportion of the low income
population under the age of 65. New legal requirements took effect in 2006 that modified the previous
limitation on spending Housing Fund monies on households under the age of 6511. Prior to 2006,
Section 33334.4(b) of CRL required that an agency spend its Housing Fund monies "in at least the
same proportion as the population under age 65 bears to the total population based on the most recent
census." The 2006 changes provide a higher level of specificity to spend "in at least the same
proportion as the number of low-income households with a member under age 65 bears to the total
number of low-income households of the community as reported in the most recent census."
A community's proportionate need is based on statistics from the local regional planning agency, in this
case the Southern California Association of Governments, to meet the requirement for affordable
housing by category, and the US Department of Housing and Urban Development Comprehensive
Housing Affordability Strategy ("CHAS") allocation numbers. However, as data relating to low income
persons under the age of 65 is not readily available from the US Census, the metric that closest
approximates it is from the CHAS database which represents data of low income persons below the
age of 62.
Table 111-5 on the following page represents the minimum Housing Fund expenditure thresholds for very
low and low income households and the maximum housing expenditure thresholds for households 62
years of age over the term of the Compliance Period. The moderate income category represents a
maximum figure for expenditures for moderate income households, although such funds (within this
category) can be spent on very low or low income households. The chart specifically details the
Agency's Housing Fund expenditure during the first five years of the Compliance Period and the
o
11 The intent of the legislation was to ensure that Housing Funds were not exclusively or extensively used by a community
senior housing projects and programs.
80
projected expenditures during the remainder of the Compliance Period. The Agency anticipates
meeting their Housing Fund targeting requirements by the end of the Compliance Period.
Housing Fund Proportional Expenditure Allocation Table 111- 5
City of San Bernardino
RHNA Targeting 2004-05 to 2008-09 I 2009-10 to 2013-14 2004-05 to 2013-14
Allocation Requirement I
Income Level (Units)' (% of Totan Expenditure % Expenditure % Expenditure %
Very-Low Income {minimum} 1,275 39.0% $5,373,649 23.2% I $24,899,491 45.7% $30,273,140 39.0%
Low-Income {minimum} 913 27.9% $5,941,569 25.7% $15,736,374 28.9% $21,677,943 27.9%
Moderate-Income (maximum) 1,079 33.0% $11,817,582 51.1% $13,801,805 25.4% $25,619,387 33.0%
3,267 $23,132,801 $54,437,670 $77,570,471
CHAS Targeting 2004-05 to 2008-09 2009-10 to 2013-14 2004-05 to 2013-14
Age Category of Income Allocation Requirement
Restricted Households IHouseholds)2 (% of Totan Expenditure % Expenditure % Expenditure %
Non-Senior 25,431 82.7% $22,804,730 98.6% I $41,379,251 76.0% $64,183,980 82.7%
Senior (limitation) 5,304 17.3% $328,071 1.4% $13,058,419 24.0% $13,386,490 17.3%
30,735 $23,132,801 $54,437,670 $77,570,471
1 Southern California Regional Housing Needs Assessment, Final 2007
2 Data of low income households under the age of 65 is not readily available from the Census. The nearest metric for such Census data represents
households under the age of 62 (available via the Comprehensive Housing Affordability Strategy at http://socds.huduser.org/chas/index.htm).
Source: SCAG; Slale of Cities Data System; and HUD
As shown in Table 111-5, the Agency expended the majority of Housing Fund revenues on moderate and
non-senior households during the first five years of the Compliance Period (FY 2004-05 through 2008-
09). The Agency has projected $54.4 million of Housing Fund expenditures for projects and programs
implemented over the remainder of the Compliance Period (the second five years from FY 2009-10
through 2013-14). Future Housing Fund expenditures will be spent in the proportions detailed in Table
111-5 to ensure that Housing Fund Proportional Allocation targets are met by the end of the Compliance
Period. Although the Agency has a surplus of affordable housing units, the Housing Fund must be
expended in a timely manner to avoid penalties due to the Agency incurring an excess surplus in the
Housing Fund pursuant calculations defined in CRL Section 33334.10.12
o
PRIOR FIVE YEAR HOUSING FUND EXPENDITURES
Units Assisted by Housing Set Aside Fund
The CRL requires the Agency to report projects assisted by the Housing Fund to create extremely low,
very low, and low income housing units over the past implementation plan period (FY 2004-05 through
2008-09). The CRL also requires a recap of the number, location, level of affordability, and the amount
of Housing Funds expended on housing units. Table 111-6 on the following page summarizes these
statistics.
12 An excess surplus is any unencumbered or unexpended amount in the Agency's Housing Fund that exceeds $1.0 million or
the aggregate amount of housing tax increment deposited into the Housing Fund for the four preceding fiscal years.
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Table 111-6 above breaks down Housing Fund expenditures from the past five years by income category
and age group. As also shown in the Housing Fund Proportional Expenditure Allocation table (Table 111-
5), $5,373,649 (or 23.2%) of the Housing Fund was expended on very low income housing and
$5,941,569 (or 25.7%) was expended on low income housing. To comply with proportional expenditure
allocation requirements per CRL Section 33334.4, the Agency will need to expend approximately $24.9
million and $15.7 million on very low and low income housing, respectively, over the next five years.
Similarly, $328,071 (or 1.4%) of the Housing Fund was expended on people over the age of 62 over the
past five years. Therefore, to comply with proportional expenditure requirements as outlined in Table 111-
5, not more than $13.1 million of the $54.4 million anticipated total expenditure on housing projects
and programs can be expended on this population over the next five years.
Housing Units Constructed During Prior Implementation Plan Without Housing Set Aside
Funds
Since fiscal year 2004-05, 78 affordable restricted units featuring long term covenants (affordable units
with covenants of at least 45 years for ownership housing or 55 years for rental housing) have been
created with funds other than tax increment. Of these, 48 were restricted to low, 22 were restricted to
very low, and 8 were restricted to extremely low income households. Table 111-7 below outlines the
location, affordability breakdown, and funding source of these units.
Affordable Units Constructed from 2004 to 2009 Without Agency Assistance Table III . 7
San Bernardino Economic Development Agency
Assessor Parcel Project Affordability Level Total Affordable Funding Amount of Date Covenant
Number Information Proiect Area Low VerY Low Exl. Low -- Units Source Assistance Completed Term
AHEPA 377 East Gilbert SI. IVDA 43 1 45 89 HOME $1,200,000 3/20/2009 55 Years
(APN 0147-091-47)
o
0-
83
APPENDIX 1: PROJECT AREA TIME AND FINANCIAL
LIMITATIONS
o
o
84
Redevelopment Plan Limits - Meadowbrookl Central City
.'='l!:l~_~~~p_tl~~~______________________________________________________________________.:!~1~_~1.!_1_~~~
Limitation Plan Limit
Time Limitations
-------.---------------------------------------------2"---------------------------.-----------.------.---
Acquistion of Land Through Eminent Domain January 17, 2014
Final Date to Incur Indebtedness3 Expired
Final Date to Collect Tax Increment Revenue4 May 3, 2029
Effectiveness of Redevelopment PlanS May 3,2019
Financial Limitations
----.------.---------.------..-.--------.-------6--------------------.------------------------.------.---
Outstanding Bonded Indebtedness Limit $50,000,000
Limit on Receiving Tax Increment 1.75 x Annual Maximum
Debt Service
1 The City Council adopted the Meadowbrook Project Area on July 21, 1958 by Ordinance No.
2233. The Central City Project Area was adopted on February 23, 1965 by Ordinance No. 2649. In
1970, the Central City Project Area was merged with Meadowbrook per Ordinance No. 3059.
2 The City Council adopted Ordinance MC-1113 on December 17, 2001 re-instating the Agency's
eminent domain authority for approximately 12 years.
3 The Agency's time limit to incur debt expired January 9, 2002.
4 The City Council adopted Ordinance MC-1300 on April 20, 2009 extending the previous time lime
to collect tax increment by two years pursuant to SB 1045.
S The City Council adopted Ordinance MC-1300 on April 20, 2009 extending the redevelopment
plan effectiveness by two years pursuant to SB 1045.
6 Bonded indebtedness limit derived from total of both Meadowbrook and Central City limits
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
o
Redevelopment Plan Limits - Central City East
El!:l_f!~~~p_tl~~~________________________________________________________________________~~y_~_'_1_~?.?
Limitation Plan Limit
Time Limitations
.--.---...-.-----...........----.---.-.--...-.--.-.--..-....-.---.2.------.--.--.--.----.--.----..-....----.-------.-...----
Acquistion of Land Through Eminent Domain January 3, 2014
Final Date to Incur Indebtedness3 Expired
Final Date to Collect Tax Increment Revenue4 May 3, 2029
Effectiveness of Redevelopment PlanS May 3, 2019
Financial Limitations
OliTsiandTrig-sondecrindebleidnessLTrlilt...-----......--------.....-.-...------------.--..-------$25,060,'000
Limit on Receiving Tax Increment 1.75 x Annual Maximum
Debt Service
1 In 1983 the Central City East Project Area was merged with the Central City Projects pursuant to
Health & Safety Code Section 33476.
2 The City Council adopted Ordinance MC-1112 on December 3, 2001 re-instating the Agency's
eminent domain authority for approximately 12 years.
3 The Agency's time limit to incur debt expired January 9, 2002.
4 The City Council adopted Ordinance MC-1302 on April 20, 2009 extending the previous time
lime to collect tax increment by two years pursuant to SB 1045.
S The City Council adopted Ordinance MC-1302 on April 20, 2009 extending the redevelopment
plan effectiveness by two years pursuant to SB 1045.
Source: May 2009 Project Summary Sheet. San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
o
85
o
Redevelopment Plan Limits - Central City South
':l~_I!_~~~P_~~.!!~________________________________________________________________________~~}'_~_'_~_~?.!>
Limitation Plan Limit
Time Limitations
Acquistion of Land Through Eminent Domain2 September 17, 2013
Final Date to Incur Indebtedness3 Expired
Final Date to Collect Tax Increment Revenue4 May 3, 2029
Effectiveness of Redevelopment Plan5 May 3,2019
Financial Limitations
Outstanding Bonded Indebtedness Limit $30,000,000
Limit on Receiving Tax Increment 1.75 x Annual Maximum
Debt Service
1 The City Council adopted the Project Area on May 3,1976 by Ordinance No. 3572. n 1983 the
Central City South Project Area was merged with the Central City Projects pursuant to Health &
Safety Code Section 33476.
2 The City Council adopted Ordinance MC-1104 on September 17, 2001 re-instating the Agency's
eminent domain authority for approximately 12 years.
3 The Agency's time limit to incur debt expired January 9, 2002.
4 The City Council adopted Ordinance MC-1301 on April 20, 2009 extending the previous time
lime to col/ect tax increment by two years pursuant to S8 1045.
5 The City Council adopted Ordinance MC-1301 on April 20, 2009 extending the redevelopment
plan effectiveness by two years pursuant to S8 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
Redevelopment Plan Limits - Central City North
':1~_1!_~~~P..~~.!!__________________________________________---------------_____________~.!!.9~_~~~:.~_~!_~
Limitation Plan Limit
Time Limitations
---------.------------------------------.---------2:----------------------------------------------.-
Acquistion of Land Through Eminent Domain August 6, 2013
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 August 6,2026
Effectiveness of Redevelopment Plan5 August 6,2016
Financial Limitations
Outstan'd{rlg-SelridecTin-deblednessTi'riiir-------.-----------------.-.-.-.------------$4O:o60~(jo'6
Limit on Receiving Tax Increment 1.75 x Annual Maximum
Debt Service
1 The City Council adopted the Proiect Area on AUQust 6.1973 bv Ordinance No. 3366.
2 The City Council adopted Ordinance MC-1182 on September 7,2004 re-instating the Agency's
eminent domain authority for approximately 9 years.
3 The City Council adopted Ordinance MC-1154 on December 1,2003 eliminating the time limit to
incur debt pursuant to S8 211.
4 The City Council adopted Ordinance MC-1294 on April 20, 2009 extending the previous time lime
to collect tax increment by two years pursuant to S8 1045.
5 The City Council adopted Ordinance MC-1294 on April 20, 2009 extending the redevelopment
plan effectiveness by two years pursuant to S8 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
o
86
Redevelopment Plan Limits - Central City West
1?1!:l_f!_~~_<?P~!9!:~__________________________________________________________________..r:~_~~~~'Y__~?~_~~?!'
Limitation Plan Limit
~me~~itat~~_____________ _____________________
Acquistion of Land Through Eminent Domain2 Expired
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 February 17, 2029
Effectiveness of Redevelopment Plan5 February 17, 2019
'2.na!:!.c:~!.!-imJ.tat.!En~_____._____________________________-
Outstanding Bonded Indebtedness Limit $5,000,000
Limit on Receiving Tax Increment 1.75 x Annual
Maximum Debt Service
1 The City Council adopted the Proiect Area on Februarv 17,1976 by Ordinance No. 3553.
2 The authority to aCQuire land throuQh eminent domain expired Januarv 9,1999.
3 The City Council adopted Ordinance MC-1155 on December 1, 2003 eliminating the time limit to
incur debt pursuant to 58 211.
4The City Council adopted Ordinance MC-1295 on April 20, 2009 extending the previous time lime to
collect tax increment by two years pursuant to 58 1045.
5The City Council adopted Ordinance MC-1295 on April 20, 2009 extending the redevelopment plan
effectiveness by two years pursuant to 58 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
Redevelopment Plan Limits - State College
Plan Adoption1 April 27, 1970
IiiTiiiiiilo-ri-------------------------------------------------------------------------------pianTlililt
Time Limitations
A~q~~tk;;~f-C;~d-.Th~~~!Jh~~i~~~-6~~~i~2----------------------------Aj;~~-2"i:201-0
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 April 27, 2023
Effectiveness of Redevelopment Plan5 April 27, 2013
Financial Limitations
5uiStandin'g-Sciridecriridebtedness'GiiiTt-..---------------------------..----'$60,OClO,<}OO
Limit on Receiving Tax Increment 1.75 x Annual Maximum
Debt Service
1 The City Council adopted the Proiect Area on April 27.1970 bv Ordinance No. 3067
2 The City Council adopted Ordinance MC-1146 on June 16, 2003 re-instating the Agency's
eminent domain authority for approximately 7 years.
3 The City Council adopted Ordinance MC-1153 on December 1, 2003 eliminating the time limit to
incur debt pursuant to 58 211.
4 The City Council adopted Ordinance MC-1293 on April 20, 2009 extending the previous time lime
to collect tax increment by two years pursuant to 581045.
5 The City Council adopted Ordinance MC-1293 on April 20, 2009 extending the redevelopment
plan effectiveness by two years pursuant to 581045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
o
o
87
Redevelopment Plan Limits - Southeast Industrial Park
Plan Adoption 1 June 21, 1976
Llililiatlo-n--------------------------------------------------------------------------------iiianTlililt
Time Limitations
----------------------------------~-----------------------------------
Acquistion of Land Through Eminent Domain Expired
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 June 2f. 2029
Effectiveness of Redevelopment Plan5 June 21,2019
Financial Limitations
6ut~and~g-Bbnded-~debtedness-Unlit-----------------------------$60~0-0-O'OOO
Limit on Receiving Tax Increment 1.75 x Annual Maximum
Debt Service
1 The City Council adopted the Proiect Area on June 21. 1976 by Ordinance No. 3583.
2 The authority to aCQuire land throuqh eminent domain expired Januarv 9. 1999.
3 The City Council adopted Ordinance MC-1156 on December 1. 2003 eliminating the time limit to
incur debt pursuant to S8 211.
4 The City Council adopted Ordinance MC-1296 on April 20, 2009 extending the previous time lime
to collect tax increment by two years pursuant to S8 1045.
5 The City Council adopted Ordinance MC-1296 on April 20, 2009 extending the redevelopment plan
effectiveness by two years pursuant to S8 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
o
Redevelopment Plan Limits - Northwest
J.:>l~_'!_~~~p_tl~!!.~______________________________________-------------------_____________~~1~_~.:_!Q.~?
Limitation Plan Limit
Time Limitations
..........-............................................-........................-...2'.....-.........................-.........-.....................................
Acquistion of Land Through Eminent Domain Expired
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 July 6, 2035
Effectiveness of Redevelopment Plan5 July 6, 2025
Financial Limitations
OutstanCiing'.S.(jncTecTin<:i"ebtedn'essTfmit.'.'.-'.'.'.....-.......-........-.................................$35':000:0-60
Limit on Receiving Tax Increment $4,500,000 Annually
1 The City Council adopted the Proiect Area on July 6.1982 by Ordinance No. MC-189.
2 The authority to acquire land throuqh eminent domain expired Julv 6. 1994
3 The City Council adopted Ordinance MC-1157 on December 1, 2003 eliminating the time limit
to incur debt pursuant to S8 211.
4 The City Council adopted Ordinance MC-1297 on April 20,2009 extending the previous time
lime to collect tax increment by two years pursuant to S8 1045.
5 The City Council adopted Ordinance MC-1297 on April 20,2009 extending the redevelopment
plan effectiveness by two years pursuant to S8 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal
Consultants Report - RSG
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88
Redevelopment Plan Limits - Tri City
Plan Adoption June 20, 1983
Cimltatlo-ri----------------------------------------------------------------------------pianTlmlt
Time Limitations
.-..-.-.-..-.-.-..-.-.-..-.-.-.-..-.-.-..-.-.-..-.-.-..-.-.-.-..-.-.-..-.-.-..-.-.-..-.-.-.-.~.-.-..-.-....-.-.-.-....-.-..-.-.-.-.-......-.-.-.....-..--.-.-.-.-..-.-.--..-.-.
Acquistion of Land Through Eminent Domain Expired
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 June 20,2036
Effectiveness of Redevelopment Plan5 June 20,2026
Financial Limitations
O'utsta-ndi'ng-Soii-de'c1'"iri'de-btedii-ess-Ci'iii-i'i"-'-'.'-"-.-.-....-.-..-.-.-....-.-......-.-......-..-.-.-......-.-..Ti'a:000:'000
Limit on Receiving Tax Increment $60,000,000
1 The City Council adopted the Proiect Area on June 20.1983 by Ordinance No. MC-283.
2 The authority to acauire land throuah eminent domain expired June 20. 1995
3 The City Council adopted Ordinance MC-1158 on December 1, 2003 eliminating the time limit
to incur debt pursuant to S8 211.
4 The City Council adopted Ordinance MC-1298 on April 20, 2009 extending the previous time
lime to collect tax increment by two years pursuant to S8 1045.
5 The City Council adopted Ordinance MC-1298 on April 20, 2009 extending the redevelopment
plan effectiveness by two years pursuant to S8 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal
Consultants Report - RSG
Redevelopment Plan Limits - South Valle
?l~_~~~<?P_t!~~~________________________________________________________________________~~Jy_~_'_~~~~
Limitation Plan Limit
Time Limitations
--.-.-.----.--.------------.-.----.----.---------------2-----.----.----------------.----.-----------------.-
Acquistion of Land Through Eminent Domain No Eminent Domain
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 July 9,2036
Effectiveness of Redevelopment Plan5 July 9,2026
Financial Limitations
o'liiSiandiii.g-sc)n.(jecfiiidebted-ne-ss-L-imlt-----------.-----------------.---.--.-.-----.fi'rooo:OOO
Limit on Receiving Tax Increment 1.75 x Annual Maximum
Debt Service
1 The City Council adopted the Project Area on July 9. 1984 bv Ordinance No. MC-387.
2 Eminent Domain was not established for South Valle.
3 The City Council adopted Ordinance MC-1159 on December 1, 2003 eliminating the time limit to
incur debt pursuant to S8 211.
4 The City Council adopted Ordinance MC-1299 on April 20, 2009 extending the previous time lime
to collect tax increment by one year pursuant to S8 1045.
5 The City Council adopted Ordinance MC-1299 on April 20, 2009 extending the redevelopment
plan effectiveness by one year pursuant to S8 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency. 2006 Fiscal Consultants
Report - RSG
o
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Redevelopment Plan Limits - Uptown
Plan Adoption June 16, 1986
IiiTiltatlo-ri------------------------------------------------------------------------------jiianUililt
Time Limitations
-----------------------------------------------------2--------------------------------------------------
Acquistion of Land Through Eminent Domain September 7,2016
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 June 18, 2037
Effectiveness of Redevelopment Plan5 June 18,2027
Financial Limitations
o'liiStii";;Ciiiig-Elond'EiaTndeIite-dnessIi'ITiir-----------------------------------------$20.'060;00'0
Limit on Receiving Tax Increment 1.75 x Annual Maximum
Debt Service
1 The City Council adopted the Proiect Area on June 16. 1986 by Ordinance No. MC-527
2 The City Council adopted Ordinance MC-1183 on September 7, 2004 re-instating the Agency's
eminent domain authority for approximately 12 years.
3The City Council adopted Ordinance MC-1161 on December 1, 2003 eliminating the time limit to
incur debt pursuant to S8 211.
4 The City Council adopted Ordinance MC-1205 on June 20,2005 extending the previous time lime
to collect tax increment by one year pursuant to S8 1045.
5 The City Council adopted Ordinance MC-1205 on June 20,2005 extending the redevelopment
plan effectiveness by one year pursuant to S8 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
o
Redevelopment Plan Limits - Mt. Vernon
Plan Adoption June 25, 1990
LliTiltatlo-ri------------------------------------------------------------------------------fiTciiiTiilift
Time Limitations
-----------------------------------.---------------.-----'2.-----------------------------------------------------
Acquistion of Land Through Eminent Domain November 1, 2013
Final Date to Incur Indebtedness3 Eliminated
Final Date to Collect Tax Increment Revenue4 June 25, 2041
Effectiveness of Redevelopment Plan5 June 25, 2031
Financial Limitations
oiJtstaii-aiiig-Sond'ed-j'rlde-6iedrlessIimir-------------------------------------------f16'O~606:0-6o
Limit on Receiving Tax Increment $950,000,000
1 The City Council adopted the Proiect Area on June 25.1990 by Ordinance No. MC-733.
2 The City Council adopted Ordinance MC-11 05 on October 1,2001 extending the Agency's
eminent domain authority for approximately 12 years.
3 The City Council adopted Ordinance MC-1160 on December 1, 2003 eliminating the time limit to
incur debt pursuant to S8 211.
4 The City Council adopted Ordinance MC-1206 on June 20,2005 extending the previous time lime
to collect tax increment by one year pursuant to S8 1045.
5 The City Council adopted Ordinance MC-1206 on June 20,2005 extending the redevelopment
plan effectiveness by one year pursuant to S8 1045.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
o
90
Redevelopment Plan Limits - 40th Street
!:!~_I!_~~<?p_t!~~~_________________________~_____________________________________________~!!!.L!9.!_?.Q9p
Limitation Plan Limit
Time Limitations
----------------------------------------------------2"--------.------------------------------------------
Acquistion of Land Through Eminent Domain August 10, 2012
Final Date to Incur Indebtedness3 July 10, 2020
Final Date to Collect Tax Increment Revenue4 July 10, 2045
Effectiveness of Redevelopment Plan5 August 10, 2030
Financial Limitations
o"litstaiidTi,-g-S-oiidecfiiidebtednes-sTfrriir------------------------------------------$20~6()6:O(iO
Limit on Receiving Tax Increment No Limit
1 The City Council adopted the Proiect Area on July 10. 2000 by Ordinance No. MC-1077.
2 The City Council adopted Ordinance MC-1077 on July 10, 2000 establishing the Agency's
eminent domain authority for 12 years.
3 The City Council adopted Ordinance MC-1077 on July 10, 2000 establishing the Agency's ability
to incur debt for 20 years.
4 The City Council adopted Ordinance MC-1077 on July 10, 2000 establishing the Agency's ability
to collect tax increment for 45 years
5 The City Council adopted Ordinance MC-1077 on July 10, 2000 establishing the redeveloplment
IDlans effectiveness at 30 vears.
Source: May 2009 Project Summary Sheet - San Bernardino Redevelopment Agency, 2006 Fiscal Consultants
Report - RSG
o
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91
APPENDIX 2: GLOSSARY OF HOUSING TERMS
o
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92
APPENDIX 2
Glossary of Housing Terms
There are many ways in which the Agency may create inclusionary units that satisfy the requirements
outlined in CRL Section 33413 including new construction of for-sale and rental housing, substantial
rehabilitation, and the purchase of covenants on multifamily rental housing.
New Construction & Substantial Rehabilitation: For-sale (affordable) inclusionary units or inclusionary
multifamily rental housing may be created by assisting new construction or providing financing for
purchasers of new housing, and by substantially rehabilitating such units per the Law definition. To be
counted toward the Agency inclusionary unit need, for sale units must be covered by a 45-year
affordability covenant and rental units by a 55-year affordability covenant.
Substantial rehabilitation occurs when the after rehabilitation value of a dwelling is increased by at least
25%. Substantially rehabilitated units must be covenanted for a 45 or 55- year period depending on
whether it is a rental or for-sale unit.
Purchase of Covenants: The Agency may use the Housing Fund to subsidize multifamily units that are
not substantially rehabilitated or newly constructed, by the purchase of an affordability covenant. The
affordability covenants on multifamily units would restrict such units for a period of 55 years. Such units
must be occupied by and affordable to very low and low income households. The Agency may only
meet up to 50% of their required inclusionary unit need in this manner. Furthermore, 50% of the
covenants purchased must be affordable to very low and low income households. Inclusionary units
secured by the Agency through the purchase of covenants, substantial rehabilitation, and new A
construction that are located within the Project Area boundaries can be counted on a one-for-one basis. \,I
If the units are located outside of the Project Area they only receive one-half (%) credit (counted on a
two-for-one basis). Mutual self-help housing units receive a 1/3 credit towards satisfying inclusionary
unit production requirements.
Mutual Self-help Housinq: Mutual self-help housing refers to very low or low income, owner-occupied
housing units where residents have contributed at least 500 hours of work on the unit to ensure safe
and sanitary housing. Mutual self-help housing units must be deed restricted for at least 15 years.
Each housing production unit must have a covenant recorded with the county pursuant to CRL Section
33334.3 in order to be counted.
DURATION OF AFFORDABILlTY COVENANTS
Prior to January 1. 2002: for no less than the period of land use controls established in the
redevelopment plan.
After January 1, 2002: for the longest feasible time, but not less than 55 years for rental housing and
45 years for owner occupied housing.
Under CRL Section 33413, rental housing units may be replaced prior to the expiration of the 55-year
period with equally affordable and comparable rental units in another location within the City if (i) the
replacement units are available for occupancy prior to the displacement of any persons residing in the
subject units and (ii) the comparable replacement units are not developed using moneys in the Housing
Fund.
o
93
Under CRL Section 33413, owner-occupied units may be sold prior to the expiration of the 45-year
period for a price in excess of what would otherwise be allowed if the units are subject to an equity
sharing agreement or some other program that protects the Agency's investment of Housing Fund
moneys. The Agency must deposit the excess proceeds in the Housing Fund and within three years
from the date of the sale of the units, spend funds to make affordable an equal number of units at the
same income level as the units sold. Only the units originally assisted by the Agency can be counted
towards the Agency's obligations under Section 33413.
AFFORDABILlTY INCOME AND COST LEVELS
Section 50052.5 of Health and Safety Code defines affordable housing cost as:
· Extremely Low - Not more than 30% of 30% of the County median household income.
· Very Low - Not more than 30% of 50% of the County median household income.
· Low - Not more than 30% of 70% (or 30% of 60% for rental projects) of the County median
household income.
· Moderate - Not more than 35% of 110% (or 30% of 120% for rental projects) of the County median
household income.
The following tables detail affordable housing costs for rental and ownership units, as well as the
number of households by income category, in San Bernardino based on the 2009 San Bernardino
County Area Median Income.
o
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94
Affordable Housing Analysis for Rental Units
City of San Bernardino
Very Low Low Moderate
Income Income Income
County Median Income ( 4 Person Household) $64,500 $64,500 $64,500
% of County Median Income 50% 70% 110%
Annual Gross Income $32,250 $45,150 $70,950
% of Income to Housing 30% 30% 35%
Annual Housing Cost $9,675 $13,545 $24,833
Monthly Housing Cost $806 $1,129 $2,069
Less: Utilities ($157) ($157) ($157)
Available for Monthly Rent $649 $972 $1,912
Median Rent for a 3 Bedroom Unit1 $1,200 $1,200 $1 ,200
Unfunded GaD (between affordable and median rent) $551 $228 N/A
1 Zilpy.com
Source: State Income Limits for 2009 published by the California Department of Housing and Community Development;
and Zilpy.com
Affordable Housing Analysis for Ownership Units
City of San Bernardino
Very Low Low Moderate
Income Income Income
County Median Income ( 4 Person Household) $64,500 $64,500 $64,500
% of County Median Income 50% 70% 110%
Annual Gross Income $32,250 $45,150 $70,950
% of Income to Housing 30% 30% 35%
Annual Housing Cost $9,675 $13,545 $24,833
Monthly Housing Cost $806 $1,129 $2,069
Less: Property Taxes 1.15% ($56) ($101) ($234)
Insurance 0.30% ($53) ($53) ($53)
HOA fees ($200) ($200) ($200)
Utilities ($157) ($157) ($157)
Available for Mortgage $341 $618 $1,426
Qualified Mortgage (30 year amortizing loan) 6.50% $53,931 $97,775 $225,638
Down Payment 5.00% $2,838 $5,146 $11,876
Total Affordable Home Price $56,769 $102,921 $237,514
Median Cost of SFR in City of San Bernardino $91,288 $91,288 $91,288
Unfunded Gap (between affordable price and median cost) $34,519 N/A N/A
o
Source: State Income Limits for 2009 published by the California Department L f Housing and Community Development
o
95
Number Households b Income Cate
City of San Bernardino
Income Category'
Very Low
Low
I'vbderate
Alxlve Moderate
Total
Income2
Less than $34,999
$35,000 - $49,900
$50,000 - $74,999
I'vbre than 75 000
Households
31 ,040
9,202
8,929
7220
56,391
% of Total
55.04%
16.32%
15.83%
12.80%
100.00%
, Based upon a four person houserold and a mooian income of $64,flJO.
2 Very low, ION, and moderate incomes may not exceed $33,300, $53,300,
and $77,400 respoctively. Ranges may not be exact due to the format of
availble Census data.
Souroo: State Income Limits for 2009 published by the Californing Department of
Housin and Communi Develo men!," and 2000 US Census Data
o
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96
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APPENDIX 3: HOUSING PRODUCTION TABLES
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APPENDIX 4: INCLUSIONARY HOUSING UNIT
INVENTORY
o
.........\
<:I
103
o
., Project # Units # Units # of Units Total # of Units Covenant Expiration
... Projects
~ Area Very Low Low Mod W/ CCR's Date
Total Credite Total Credite Total Credite Total I Credited
Through 1994
Homebuver Assistance 0266 E 27th Street IVDA 1.0 1.0 1.0 1.0 11/26/2024
Homebuver Assistance 0636 E Trenton Street IVDA 1.0 1.0 1.0 1.0 12/12/2024
Homebuyer Assistance 1169 East Chestnut St IVDA 1.0 1.0 1.0 1.0 3/7/2024
Homebuyer Assistance 1339 N Sierra Way IVDA 1.0 1.0 1.0 1.0 3/17/2024
Homebuyer Assistance 1649 Seine Avenue IVDA 1.0 1.0 1.0 1.0 11/23/2023
Homebuyer Assistance 2036 E 17th Street IVDA 1.0 1.0 1.0 1.0 11/1712024
Homebuver Assistance 2604 E 29th Street IVDA 1.0 1.0 1.0 1.0 12/20/2023
Homebuver Assistance 2745 Lawrence Avenue IVDA 1.0 1.0 1.0 1.0 11/3/2024
Homebuyer Assistance 2970 Harrison Street IVDA 1.0 1.0 1.0 1.0 9/29/2024
Homebuver Assistance 2960 Harrison Street IVDA 1.0 1.0 1.0 1.0 2/25/2024
Homebuver Assistance 0962 West 10th Street MTV 1.0 1.0 1.0 1.0 12/21/2024
Homebuver Assistance 1004 West 6th Street MTV 1.0 1.0 1.0 1.0 2/12/2024
New Construction 1645 Susie Lane NW 1.0 1.0 1.0 1.0 10/29/2023
Homebuyer Assistance 1405 West Kevstone Dr SC 1.0 1.0 1.0 1.0 1/27/2024
Homebuver Assistance 5151 North Tamarron Court SC 1.0 1.0 1.0 1.0 2/14/2024
New Construction 5560 Westwind Drive SC 1.0 1.0 1.0 1.0 12/31/2023
Homebuyer Assistance 5569 North MaQnolia SC 1.0 1.0 1.0 1.0 1/7/2024
Homebuyer Assistance 1236-1254 Sierra UPT 5.0 5.0 5.0 5.0 6/6/2023
Subtotal 1.0 1.0 9.0 9.0 12.0 12.0 22.0 22.0
1995 & 1996
New Construction 1662 Pennsylvania Avenue NW 1.0 1.0 1.0 1.0 6/12/2026
New Construction 1729 Pennsylvania Street NW 1.0 1.0 1.0 1.0 4/26/2025
Homebuver Assistance 1153 West Dover Dr SC 1.0 1.0 1.0 1.0 6/10/2025
Homebuver Assistance 1437 West Marshall Blvd SC 1.0 1.0 1.0 1.0 3/25/2026
Homebuver Assistance 1516 Yardley SC 1.0 1.0 1.0 1.0 9/10/2026
Homebuver Assistance 5072 Coyote Lane SC 1.0 1.0 1.0 1.0 5/20/2026
Homebuver Assistance 5523 North Cedar Drive SC 1.0 1.0 1.0 1.0 2/6/2026
New Construction 5535 North Osborne Court SC 1.0 1.0 1.0 1.0 4/24/2025
New Construction 5563 North Cedar Drive SC 1.0 1.0 1.0 1.0 10/25/2025
Homebuver Assistance 2273 North LUQO Avenue UPT 1.0 1.0 1.0 1.0 10/11/2026
Subtotal 0.0 0.0 4.0 4.0 6.0 6.0 10.0 10.0
1997
Homebuver Assistance 11139 Hancock I NW 1 I I 1.0 I 1.0 I I 1.0 I 1.0 I 5/9/2027
ISubtotal I 1 0.0 I 0.0 1 1.0 I 1.0 I 0.0 I 0.0 I 1.0 I 1.0 I
1998
New Construction 15536 Westwind Drive I SC I I I 1.0 T 1.0 I I I 1.0 I 1.0 I 4/27/2026
I Subtotal I I 0.0 I 0.0 I 1.01 1.0 I 0.0 I 0.0 I 1.0 1.0 r
1999
Homebuyer Assistance 0603 West 6th Street CCN 1.0 1.0 1.0 1.0 9/14/2029
AcquisiUSubst Rehab 1315 Windsor Drive SC 1.0 1.0 1.0 1.0 1/2/2029
New Construction .1487 West Lake Placid Drive SC 1.0 1.0 1.0 1.0 8/25/2010
Subtotal 0.0 0.0 3.0 3.0 0.0 0.0 3.0 3.0
2000
Homebuver Assistance 0721 East 2nd Street CC 1.0 1.0 1.0 1.0 4/3/2010
Rental Affrd Covenant 0560 North F Street - Pioneer Pa CCN 1.0 1.0 1.0 1.0 11/1/2055
Multi-Familv Construction 1540 W Baseline - SB Senior Hs NW 73.0 73.0 1.0 1.0 74.0 74.0 5/1/2055
AcquisiUSubst Rehab 1445 Kendall Drive SC 1.0 1.0 1.0 1.0 10/25/2010
AcquisiUSubst Rehab 1458 Moraan Road SC 1.0 1.0 1.0 1.0 12/18/2010
AcquisiUSubst Rehab 1466 Sheridan Road SC 1.0 1.0 1.0 1.0 9/25/2010
Homebuver Assistance 1470 Creekside Drive SC 1.0 1.0 1.0 1.0 8/14/2010
Homebuver Assistance 1478 Creekside Drive SC 1.0 1.0 1.0 1.0 5/12/2010
AcquisiUSubst Rehab 1487 Lake Placid Road SC 1.0 1.0 1.0 1.0 8/25/2010
ACQuisiUSubst Rehab 1527 Sheridan SC .1:0- 1.0 1.0 1.0 9/1/2010
Homebuyer Assistance 1531 Sheridan Road SC 1.0 1.0 I~ -~. 1.0 5/16/2010
AcquisiUSubst Rehab 1565 West Windsor Street SC 1F 1.0 1.0 6/3/2010
Homebuver Assistance 1579 Kendall Drive SC 1.0 1.0 1.0 1.0 7/7/2010
AcquisiUSubst Rehab 4705 North Windsor SC 1.0 1.0 1.0 1.0 10/2/2010
Homebuver Assistance 5172 Lakewood Drive SC 1.0 1.0 -~ ~- 10/3/2010
Subtotal 75.0 75.0 7.0 7.0 6.0 6.0 86.0 88.0
APPENDIX 4
LIST OF INCLUSIONARY HOUSING UNITS
SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY
o
104
.. Project # Units # Units # of Units Total # of Units Covenant
a. Projects
~ Area Very Low Low Mod W/ CCR's Expiration Date
Total t:redite Total I:;redite Total t:redite Total I Credited
2001
Homebuver Assistance 1380 48th Street # 105 SC 1.0 1.0 1.0 1.0 8/9/2011
Homebuver Assistance 1462 Sheridan Road SC 1.0 1.0 1.0 1.0 6/25/2011
New Construction 1468 Lake Placid Drive SC 1.0 1.0 1.0 1.0 4/9/2011
Homebuver Assistance 1494 Steamboat SC 1.0 1.0 1.0 1.0 2/9/2011
Subtotal 3.0 3.0 1.0 1.0 0.0 0.0 4.0 4.0
2002
Rental Affrd Covenant 0602 W 6th Street - T elacu I CCN 74.0 74.0 74.0 74.0 1/7/2057
Rental Affrd Covenant 0750 West 4th St - Telacu II CCN 74.0 74.0 74.0 74.0 12/16/2057
AcquisitlSubst Rehab 0664 West 16th Street IVDA 1.0 1.0 1.0 1.0 8/5/2047
AcquisitlSubst Rehab 1180 Rialto Avenue IVDA 1.0 1.0 1.0 1.0 4/9/2047
AcquisitlSubst Rehab 1326 Perris Street IVDA 1.0 1.0 1.0 1.0 12/18/2047
AcquisitlSubst Rehab 1726 N Mountain View Ave IVDA 1.0 1.0 1.0 1.0 8/15/2047
Homebuver Assistance 2104 Sunrise Lane # 1-4 IVDA 1.0 1.0 1.0 1.0 4/25/2057
AcquisitlSubst Rehab 1272 West Union Street MTV 1.0 1.0 1.0 1.0 9/9/2047
New Construction 1617 North Clyde Street NW 1.0 1.0 1.0 1.0 12/18/2047
New Construction 1657 North Clvde Street NW 1.0 1.0 1.0 1.0 12/18/2047
AcquisitlSubst Rehab 1856 West 17th Street NW 1.0 1.0 1.0 1.0 12/20/2047
AcquisitlSubst Rehab 0348 West 13th Street UPT 1.0 1.0 1.0 1.0 5/21/2047
Subtotal 148.0 148.0 1.0 1.0 9.0 9.0 158.0 158.0
2003
AcquisitlSubst Rehab 1387 Sepulveda A & B IVDA 1.0 1.0 1.0 1.0 1/2/2046
AcquisitlSubst Rehab 1550 North Pershing Avenue IVDA 1.0 1.0 1.0 1.0 3/26/2048
AcquisitlSubst Rehab 1198 West 8th Street MTV 1.0 1.0 1.0 1.0 1/23/2048
New Construction 1631 North Glenview Street NW 1.0 1.0 1.0 1.0 2/21/2048
New Construction 1642 North Clyde Street NW 1.0 1.0 1.0 1.0 1/10/2048
New Construction 1668 North Glenview Street NW 1.0 1.0 1.0 1.0 1/31/2048
New Construction 1669 North Clvde Street NW 1.0 1.0 1.0 1.0 1/20/2048
AcquisitlSubst Rehab 1804 West 17th Street NW 1.0 1.0 1.0 1.0 1/24/2048
AcquisitlSubst Rehab 1842 West 17th Street NW 1.0 1.0 1.0 1.0 1/24/1948
Subtotal 0.0 0.0 1.0 1.0 8.0 8.0 9.0 9.0
Through June 30, 2004
Rental Affrd Covenant 10550 W 5th St - SI. Bernardine pI CCN I 147.0 I 147.01 2.0 I 2.0 1.0 I 1.0 I 150.0 I 150.0 5/4/2019
Rental Affrd Covenant lTelacu III - I SV I 74.0 I 74.0 I I I r 74.0 I 74.0 6/16/2059
ISubtotal I 1221.0 1221.0 I 2.0 I 2.0 I 1.0 I 1.0 224.0 I 224.0
~,gh June 30, 2005 None
Through 05/06 I I I I I I I I I I
None
Through 06/07
Homebuyer Assistance 155 E 2nd Street IVDA 1.0 1.0 1.0 1.0 7/18/2051
Homebuyer Assistance 199 E King Street IVDA 1.0 1.0 1.0 1.0 7/21/2051
Homebuver Assistance 201 E Kiilc:l Street IVDA 1.0 1.0 1.0 1.0 7/17/2051
Homebuyer Assistance 188 N Allen Street IVDA 1.0 1.0 1.0 1.0 9/25/2051
Subtotal 0.0 0.0 0.0 0.0 4.0 4.0 '4.0 4.0
Through 07/08
None
APPENDIX 4 (Continued)
LIST OF INCLUSIONARY HOUSING UNITS
SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY
o
o
105
., Project # Units # Units # of Units Total # of Units Covenant
... Projects
~ Area Very Low Low Mod W/ CCR's Expiration Date
Total redite Total redite Total redile( Total Credited
Through 08/09
New Construction 280 E 49th Street 40th 1.0 1.0 1.0 1.0 12/9/2053
New Construction 263 49th Street 40th 1.0 1.0 1.0 1.0 12/3/2053
New Construction 284 E 49th Street 40th 1.0 1.0 1.0 1.0 12/10/2053
New Construction 275 E 49th Street 40th 1.0 1.0 1.0 1.0 12/15/2053
New Construction 283 E 49th Street 40th 1.0 1.0 1.0 1.0 11/19/2053
New Construction 271 E 49th Street 40th 1.0 1.0 1.0 1.0 6/4/2054
New Construction 279 East 49th Street 40th 1.0 1.0 1.0 1.0 12/2/2053
New Construction 267 East 49th Street 40th 1.0 1.0 1.0 1.0 11/14/2053
New Construction 148-150 E Third Street CCE 1.0 1.0 1.0 1.0 9/26/2053
New Construction 1517 Lvnwood Wav IVDA 1.0 1.0 1.0 1.0 5/5/2054
New Construction 1503 Lynwood Way IVDA 1.0 1.0 1.0 1.0 2/25/2054
New Construction 1555 Lynwood Way IVDA 1.0 1.0 1.0 1.0 12/5/2053
New Construction 377 E Gilbert St IVDA 89.0 89.0 89.0 89.0 3/5/2064
New Construction 3225 Greystone N/A 1.0 0.5 1.0 0.5 11/18/2053
New Construction 3249 Greystone Road N/A 1.0 0.5 1.0 0.5 6/19/2054
New Construction 2530 Christine N/A 1.0 0.5 1.0 0.5 9/4/2053
New Construction 6803 N Shannon Lane N/A 1.0 0.5 1.0 0.5 7/9/2053
Subtotal 89.0 89.0 1.0 1.0 15.0 13.0 105.0 103.0
Adoption Through TOTAL 536 536 22 22 49 47 629.0 627.0
June 30, 2009
APPENDIX 4 (Continued)
LIST OF INCLUSIONARY HOUSING UNITS
SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY
o
o
106
APPENDIX 5: REPLACEMENT HOUSING TABLES
o
o
107
o
Address Project # of Units Total # of Very-Low Low Units Moderate
Area ADDlied Bedrooms Units Units
Replacement Units Through 1999 (under 75% rule)
2355 Osbun Rd. - Highland Lutheran -
Eden Ctr IVDA 50 50 25 25
244 52nd st No 1 2 1
290 36th st No 1 2 1
294 55th st No 1 4 1
360 48th st No 1 4 1
363 29th st No 1 2 1
388 Prospect aye No 1 3 1
1389 Alto ct No 1 4 1
394 Prospect No 1 3 1
424 Burney st No 1 3 1
536 Dallas aye No 1 4 1
537 Dallas aye No 1 3 1
582 San Carlo aye No 1 3 1
583 Dallas aye No 1 4 1
595 Dallas No 1 4 1
597 Macy st No 1 1
655 Dallas aye No 1 3 1
717 La Porte aye No 1 3 1
724 26th st No 1 3 1
727 Ramona aye No 1 2 1 ..
754 W Northpark Blvd No 1 3 1
795 Pepper aye No 1 4 1
872 31 st st No 1 3 1
895 W Northpark Blvd No 1 4 1
955 41st St No 1 3 1
1005 Sunbrook dr No 1 4 1
1005 Suncrest Circle No 1 4 1
1022 Sunbrook No 1 4 1
1042 Suncrest dr No 1 3 1
1119 Montrose Ave No 1 3 1
1154 15th st No 1 2 1
1165 Mesa Verde aye No 1 3 1
1195 33rd st No 1 3 1
1197 Mesa Verde Ave No 1 2 1
1220 14th st No 1 3 1
1245 Lynwood dr No 1 2 1
1246 Edgemont dr No 1 2 1
1250 Marshall Blvd No 1 2 1
1265 27th st No 1 3 1
1284 Edgemont dr No 1 3 1
1288 Blackstone aye No 1 2 1
1423 Colorado aye No 1 3 1
1447 Temple st No 1 4 1
1488 9th st ----rilo 1 -4 1
APPENDIX 5
INVENTORY OF REPLACEMENT HOUSING UNITS.
o
108
Address Project # of Units Total # of Very-Low Low Units Moderate
Area Applied Bedrooms Units Units
1488 Temple No 1 4 1
1506 Union st No 1 3 1
1519 8th st - Ramona Senior Complex No 44 44 22 22
1594 California ave No 1 3 1
1649 Davidson st No 1 4 1
1763 Pico ave No 1 3 1
2037 Lincoln dr No 1 2 1
2267 Greenwood st No 1 3 1
2346 Elodam ct No 1 3 1
2349 Atchison st No 1 3 1
2354 College ave No 1 4 1
2419 Deanna dr No 1 3 1
2436 G st No 1 2 1
2524 E st No 1 2 1
2555 Berkeley ave No 1 2 1
2556 Union st No 1 3 1
2562 I st No 1 3 1
2611 F st No 1 3 1
2665 White Pine ave No 1 4 1
2674 White Pine ave No 1 3 1
2722 White Pine No 1 4 1
2744 Duffy st No 1 4 1
2746 Duffy st No 1 4 1
2748 7th st No 1 4 1
2761 Genevieve No 1 3 1
2765 Arrowhead No 1 3 1
2772 Cincinnati st No 1 3 1
2808 D st No 1 2 1
2814 Cincinnati st No 1 3 1
2815 Gardena st No 1 4 1
2832 Lincoln dr No 1 2 1
2845 Sepulveda ave No 1 2 1
2895 Lugo ave No 1 2 1
2895 Etiwanda ave No 1 4 1
2909 Parkside pi No 1 3 1
2976 Pinon ct No 1 3 1
3072 Davidson No 1 3 1
3076 Sierra Way No 1 3 1
3087 G st No 1 2 1
3119 Genevieve st --- ---:-.,--- - 2 1
No 1
3119 Casa Loma dr No 1 3 1
-- --
3128 Casa Loma dr No 1 3 1
3138 Rockford ave No 1 3 1
3164 F st No 1 1 1
APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
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Address Project # of Units Total # of Very-Low Low Units Moderate
Area Aoolied Bedrooms Units Units
3172 Mary Ann Lane No 1 3 1
3174 Mansfield aye No 1 2 1
3275 F st No 1 2 1
3299 Conejo dr No 1 2 1
3389 Mayfield aye No 1 2 1
3405 Fairfax dr No 1 4 1
3456 Sierra Way No 1 3 1
3479 Acacia aye No 1 3 1
3588 Sepulveda aye No 1 3 1
3655 Mayfield aye No 1 3 1
3670 Camellia dr No 1 2 1
3938 Conejo dr No 1 3 1
3979 Ferndale aye No 1 3 1
4253 Mountain View Ave No 1 3 1
4579 Pershing No 1 3 1
4609 Sepulveda aye No 1 2 1
4724 Pershing aye No 1 2 1
4945 E st No 1 3 1
4946 Stoddard rd No 1 4 1
4994 Mayfield aye No 1 4 1
5005 D st No 1 4 1
5215 Genevieve No 1 2 1
5216 Revere aye No 1 4 1
5227 Sierra Mesa rd No 1 3 1
5294 H st No 1 4 1
5394 Lantern Crest Dr No 1 4 1
5473 Aster st No 1 3 1
5473 Jesse dr No 1 3 1
5534 Mayfield aye No 1 4 1
5537 Ladera rd No 1 4 1
5547 Ladera ct No 1 4 1
5557 Ladera Rd No 1 3 1
5605 Surrey Lane No 1 4 1
5825 Scoth Pine Way No 1 4 1
5829 Merito Ave No 1 3 1
5964 Walnut aye No 1 3 1
6254 Indigo pi No 1 3 1
6424 Churchill st No 1 3 1
6947 Elmwood rd No 1 2 1
7675 Guthrie No 1 3 1
APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
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Address Project # of Units Total # of Very Low- Moderate-
Area Applied Bedrooms Units Low-Units Units
Replacement Units From 1999 through June 30, 2004 (at 100% of same income type or lower)
721 21 st st CC 1 3 1
123 2nd st IVDA 1 3 1
132 King 5t IVDA 1 3 1
185 2nd 5t IVDA 1 3 1
150 King 5t IVDA 1 3 1
120 Rialto Ave IVDA 1 3 1
162 Wabash IVDA 5 6 4 1
168 Allen 5t IVDA 1 3 1
174 Allen 5t IVDA 1 3 1
186 King 5t IVDA 1 3 1
192 King 5t IVDA 1 3 1
197 27th st IVDA 1 2 1
202 Temple st IVDA 1 3 1
230-234 E. 14th 5t (CCLM) IVDA 1 2 1
248-252 Wabash IVDA 1 3 1
267 Olive st IVDA 1 2 1
355 23rd st IVDA 1 6 1
361 16th st IVDA 1 3 1
395 Wabash Ave (CCLM) IVDA 1 2 1
415 23rd st IVDA 1 3 1
448 23rd st IVDA 1 3 1
636 Evans st IVDA 1 3 1
646 14th 5t (CCLM) IVDA 1 4 1
668 14th 5t (CCLM) IVDA 1 2 1
831 K st IVDA 1 2 1
951 Crescent IVDA 6 12 6
1075 9th st IVDA 1 3 1
1090 15th 5t (CCLM) IVDA 1 2 1
1149 Ria/to ave IVDA 1 2 1
1153 Congress IVDA 1 4 1
1159 Rialto ave IVDA 1 3 1
1229 Rialto ave IVDA 1 3 1
1291 Lugo ave IVDA 1 2 1
1292 Genevieve 5t (CCLM) IVDA 1 2 1
1331 Mt. View IVDA 3 3 3
1359-1361 Oak st IVDA 2 4 1 1
1364 9th st IVDA 1 4 1
1365 9th st IVDA 1 2 1
--
1375 Crescent ave IVDA 1 3 1
-
1441-1449 Mt View IVDA 2 4 2
APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
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Address Project # of Units Total # of Very-Low Low Units Moderate
Area Aoolied Bedrooms Units Units
1495 Mountain View (NHS) IVDA 4 4 2 2
1501-1503 Pershing IVDA 2 4 2
1556 Mt. View IVDA 1 3 1
1650 Sierra Way IVDA 1 3 1
1662 Sierra Way IVDA 1 3 1
1763 Conejo dr IVDA 1 2 1
2369 Leroy st IVDA 1 3 1
2696 Genevieve st IVDA 1 3 1
1139 Perris St (CCLM) MTV 1 6 1
222 Rancho Glen Aire No 131 262 131
2565 Foothill Sequoia No 240 480 240
135 San Anselmo No 1 3 1
109 EKing St No 1 3 1
168 Whipple Mountain rd No 1 2 1
202-208 43rd st No 2 4 1 1
207 28th st No 1 2 1
230 30th st No 1 2 1
235 Sidewinder Mtn Rd No 1 3 1
235 48th st No 1 3 1
236 44th st No 1 2 1
241 Larkspur dr No 1 2 1
243 43rd st No 1 2 1
244 45th st No 1 3 1
245 Iris st No 1 3 1
249 Larkspur dr No 1 2 1
252 48th st No 1 4 1
255 36th st No 1 3 1
256 Ardmore st No 1 2 1
264 44th st No 1 2 1
272 Larkspur dr No 1 3 1
279 48th st No 1 3 1
281 27th st No 1 3 1
284 44th st No 1 3 1
291 42nd st No 1 3 1
291 44st st No 1 3 1
298 39th st No 1 2 1
306 48th st No 1 4 1
323 49th st No 1 4 1
323 Country Club Lane No 1 2 1
340 35th st No 1 2 1
357 Terrace rd No 1 4 1
393 28th st. No 1 2 1
444 Rancho ave No 1 4 1
444 State st No 1 4 1
515 Country Club Lane No 1 2 1
563 25th st No 1 4 1
572 25th st No 1 2 1
587 Lassen ave No 1 3 1
603 Meridian No 1 3 1
603 Dallas ave No 1 3 1
APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
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Address Project # of Units Total # of Very-Low Low Units Moderate
Area ADD lied Bedrooms Units Units
624 28th st No 1 3 1
646 36th st No 1 2 1
720 Medical Center Dr. No 1 3 1
734 Dallas ave No 1 3 1
764 20th st No 1 2 1
764 Macy st No 1 4 1
77221 st st No 1 2 1
808 26th st No 1 3 1
816 21st st No 1 2 1
818 26th st No 1 2 1
830 San Carlo No 1 3 1
839 30th st No 1 2 1
84831 st st No 1 2 1
864 18th st No 1 2 1
872 29th st No 1 3 1
907 26th st No 1 2 1
908 25th st No 1 2 1
919 28th st No 1 2 1
934 Mirada Rd No 1 2 1
955 Pico ave No 1 2 1
971 27th st No 1 2 1
1023 Sunbrook No 1 4 1
1033 25th st No. 1 2 1
1035 Western ave No 1 3 1
1043 24th st No 1 2 1
1053 Medical Center dr No 1 2 1
1059 56th st No 1 4 1
1112 15th st No 1 2 1
1118 16th st No 1 2 1
1153 15th st No 1 3 1
1159 16th 5t No 1 2 1
1197 Cummings Way No 1 2 1
1221 Lomita rd No 1 2 1
1265 Oakwood dr No 1 2 1
1266 24th St. N9_ 1 3 1
1270 24th st No 1 3 1
1275 34th st No 1 3 1
1279 Lomita rd No 1 3 1
1282 24th 5t No 1 3 1
1287 Colima rd No 1 2 1
1297 24th st No 1 3 1
1344 Maple st No 1 3 1
1349 Reece st No 1 2 1
- - 1
1349 15th st No 1 3
1361 Arizona ave No 1 3 1
1363 13th st No 1 2 1
1364 35th 5t No 1 3 1
1415 10th st No 1 2 1
1442 Evans st No 1 3 1
1463 10th st No 1 3 1
APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
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o
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APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
Address Project # of Units Total # of Very-Low Low Units Moderate
Area ADDlied Bedrooms Units Units
1479 10th st No 1 3 1
1480 Marshall, Unit #13 No 1 3 1
1487 15th st No 1 3 1
148810th st No 1 3 1
1531 Evans st No 1 4 1
1545 Alto dr No 1 4 1
1557 21st st No 1 2 1
1570 21st st No 1 3 1
1612 Colima rd No 1 4 1
1650 Porter st No 1 3 1
1690 19th st No 1 3 1
1708 Porter st No. 1 3 1
1711 7th st No 1 3 1
1743 Herrington Ave No 1 3 1
1768 27th st No 1 3 1
1791 Mallory st No 1 4 1
1817 Porter st No 1 3 1
1820 Pico st No 1 2 1
1837 Virginia No 1 4 1
1850 Belmont ct No 1 3 1
1879 Herrington ave No 1 4 1
1889 Pico ave No 1 1 1
1905 Poplar st No 1 3 1
1911 Deer Creek dr No 1 3 1
1955 Clark Mountain rd No 1 3 1
195714thst No 1 3 1
2026 Medical Center Dr No 1 3 1
2045 Universal ave No 1 3 1
2049 15th st No 1 3 1
2054 Teak ct No 1 2 1
2131 Chestnut st No 1 3 1
2160 Rialto No 61 61 61
2170 Hanford st No 1 3 1
2180 Grand ave No 1 3 1
2195 Hanford No 1 3 1
2204 Mill st No 1 4 1
2214 Chatka Lane No 1 3 1
2227 Oregon st No 1 3 1
2257 3rd st No 1 3 1
2270 Muscupiabe dr No 1 2 1
2277 Adams st No 1 3 1
2321 Spruce st No 1 3 1
2330 Serrano rd No 1 3 1
2341 Walnut st No 1 3 1
2364 San Anselmo No 1 3 1
2365 Oregon st No 1 2 1
2383 Duffy st No 1 5 1
2398 Victoria st No 1 3 1
2405 San Carlo No 1 3 1
114
Address Project # of Units Total # of Very-Low Low Units Moderate
Area Applied Bedrooms Units Units
2406 6th st No 1 3 1
2423 6th st No 1 3 1
2426 San Anselmo aye No 1 3 1
2438 Victoria aye No 1 4 1
2454 Victoria aye No 1 3 1
2460 Muscupiabe dr No 1 3 1
2462 Victoria st No 1 5 1
2473 Duffy st No 1 4 1
2476 San Benito aye No 1 3 1
2494 San Benito aye No 1 3 1
2504 Duffy st No 1 4 1
2534 Saint Elmo dr No 1 3 1
2535 6th st No 1 3 1
2542 Union st No 1 4 1
2543 Flores st No 1 3 1
2544 Poplar st No 1 3 1
2558 Duffy st No 1 4 1
2564 Spruce st No 1 4 1
2574 I st No 1 3 1
2576 Pennsylvania No 1 3 1
2602 Pennsylvania No 1 3 1
2618 Etiwanda aye No 1 3 1
2635 Cardamon st No 1 4 1
2639 San Anselmo No 1 4 1
2645 7th st No 1 3 1
2645 Pleasant Way No 1 3 1
2648 Etiwanda aye No 1 4 1
2656 Torrey Pine rd No 1 4 1
2669 (White) Torrey Pine No 1 4 1
2674 Shadow Hills No 1 1 1
2675 Shadow Hills Dr. #69 No 1 1 1
2686 Mill St - Rancho Meridian No 142 142 67 39 36
2704 Serrano rd No 1 3 1
2705 San Anselmo - 4 1
No 1
2706 Stoddard No 1 3 1
2715 Sunflower aye No 1 3 1
2716 5th st No 1 3 1
2717 6th st No 1 4 1
2718 Lincoln dr No 1 2 1
2740 Lincoln dr No 1 3 1
2745 I st No 1 2 1
2748 D st No 1 2 1
2748 H st No 1 3 1
2756 Berkeley aye No 1 2 1
2760 5th st No 1 3 1
2768 Victoria st No 1 3 1
2769 Davidson No 1 2 1
2776 Genevieve st No 1 3 1
APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
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Address Project # of Units Total # of Very-Low Low Units Moderate
Area Applied Bedrooms Units Units
2777 Ladera aye No 1 3 1
2783 Arrowhead No 1 2 1
2787 Serrano rd No 1 2 1
2797 "H" st No 1 2 1
2798 Lincoln dr No 1 2 1
2805 Glenview aye No 1 4 1
2807 "G" st No 1 2 1
2808 Patterson Way No 1 3 1
2809 Davidson No 1 2 1
2811 Mountain View No 1 3 1
2823 G st No 1 2 1
2836 7th st No 1 4 1
2839 Acacia aye No 1 3 1
2844 Belmont aye No 1 2 1
2863 Etiwanda No 1 4 1
2865 Acacia aye No 1 3 1
2865 Colima rd No 1 4 1
2875 Acacia aye No 1 3 1
2879 Pershing aye No 1 2 1
2888 Lugo aye No 1 2 1
2901 Garner aye No 1 2 1
2908 D st No 1 4 1
2908 H st No 1 2 1
2923 Gardena st No 1 2 1
2925 Pershing No 1 3 1
2925 Lugo aye No 1 2 1
2931 Mt. View aye No 1 3 1
2931 Havasu c1 No 1 4 1
2936 F st No 1 3 1
2939 Sierra Way No 1 3 1
2939 Sepulveda aye No 1 2 1
2943 I st No 1 2 1
2946 Lincoln dr No 1 3 1
2947 Genevieve st No 1 2 1
2976 G st No 1 2 1
3015 Sierra Way No 1 2 1
3016 Mountain View No 1 2 1
3028 Pico aye No 1 3 1
3047 Davidson No 1 2 1
3057 Pico aye No 1 3 1
3079 California No 1 2 1
3085 Oregon s1 No 1 3 1
3094 Santolinas s1 No 1 3 1
3096 Stoddard s1 No - 2
1 1
3135 Hidalgo dr No 1 3 1
3151 Mountain View No 1 2 1
3160 Sanchez st No 1 3 1
3164 Pershing aye No 1 3 1
3327 Belle s1 No 1 2 1
3364 Pershing No 1 3 1
APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
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Address Project # of Units Total # of Very-Low Low Units Moderate
Area Applied Bedrooms Units Units
3418 "E" st No 1 2 1
3423 Wall aye No 1 3 1
3472 Mountain aye No 1 3 1
3535 Arrowhead Ave No 1 3 1
3539 Golden aye No 1 2 1
3548 "0" st No 1 2 1
3567 Genevieve st No 1 3 1
3639 Sierra Way No 1 3 1
3649 Belle st No 1 2 1
3782 Modesto dr No 1 3 1
3795 Camellia dr No 1 2 1
3899 Sierra Way No 1 3 1
3961 San Benito st No 1 3 1
4116 Mountain Dr. (County) No 1 2 1
4276 Cristy aye No 1 2 1
4294 Don Pablo ct No 1 3 1
4410 Sepulveda aye No 1 3 1
4482 Acapulco st No 1 4 1
4531 Sepulveda aye No 1 2 1
4656 0 st No 1 3 1
47180 st No 1 4 1
4830 Christy aye No 1 3 1
5050 0 st No 1 3 1
5536 Ladera rd No 1 4 1
5648 Surrey Lane No 1 3 1
5858 Jesse dr No 1 3 1
562 Union st UPT 1 3 1
Replacement Units From July 1,2004 through June 30, 2009
214 4th st CCE 1 3 1
21 75th st CCE 1 3 1
1072ndst IVOA 1 3 1
1227 Rialto aye IVOA 1 1 1
151 2nd st IVOA 1 3 1
161 2nd st IVOA 1 4 1
168 Allen st IVOA 1 1 1
174 Allen st IVOA 1 1 1
186 King st IVOA 1 1 1
Highland Lutheran Senior Hsg IVOA 20 20 10 10
114 Via San Luis No 1 3 1
2619 Via San Miguel No 1 3 1
2635 Via San Miguel No 1 4 1
2652 Via San Carlos No 1 4 1
2655 Via San Miguel No 1 3 1
2666 Via San Carlos No 1 4 1
2669 Via San Miguel No 1 4 1
2674 Via San Carlos No 1 4 1
3224 Greystone rd No 1 4 1
3248 Keystone rd No 1 4 1
766 San Carlo aye No 1 4 1
APPENDIX 5 (continued)
INVENTORY OF REPLACEMENT HOUSING UNITS
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Community Development Commission
(Mayor & Common Council)
Economic Development Agency
Staff Contributors
Patrick J. Morris, Chairperson
Mayor
Emil A. Marzullo, Interim Executive
Director
Esther Estrada, Commissioner
Council Member - Ward 1
Don Gee, Deputy Director
Carey Jenkins, Housing & Community
Development Director
Dennis J. Baxter, Commissioner
Council Member - Ward 2
Russ De Jesus, Interim Administrative
Services Sirector
Tobin Brinker, Commissioner
Council Member - Ward 3
Kathleen Robles, Project Manager
Colin Strange, Project Manager
Fred Shorett, Commissioner
Council Member - Ward 4
Mike Trout, Project Manager
Musibau Arogundade, Project Manager
o
Chas A. Kelley, Commissioner
Council Member - Ward 5
Lisa Connor, Assistant Project Manager
Shannon Johnson, Administrative
Analyst
Rikke Van Johnson, Commissioner
Council Member - Ward 6
Jeffrey Smith, Senior Urban Planner
Lisa Sanford, Urban Planner
Wendy McCammack, Commissioner
Council Member - Ward 7
John Oquendo, Urban Planner
Precilla Rani, GIS Analyst
Timothy J. Sabo, Agency Counsel
Prepared By:
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San Bernardino Economic Development Agency
201 North "E" Street, Suite 301
San Bernardino, CA 92401
(909) 663-1044
www.sbrda.orq
Felise Acosta, Principal
Tara Howard, Associate/Project Manager
Ken Lee, Senior Associate
Adopted December 7, 2009
PUBLIC COMMENTS AND RESPONSES
December 7, 2009 Public Hearing
WRITTEN COMMENTS
December 4, 2009 Letter from Seventh Street Developers
On November 12, 2009, a conference call with Emil Marzullo, Interim Executive Director, and staff was
held with Craig Furniss of Seventh Street Developers to explain how their concerns or issues were
addressed by the certain sections in the Draft Implementation Plan and that staff would monitor the
specified area for any further blighting conditions or inappropriate land use conditions. A letter of
comment was received by the Agency on December 4, 2009 from Craig Furniss of Seventh Street
Developers, who wanted to be on record they had a commercial development in the 3rd Ward near the
intersection of Waterman Avenue and Commercial Road, and had some recommendations for the
Agency and City regarding the use of redevelopment funds and application of redevelopment efforts.
When fully occupied, this development is expected to generate almost 350 jobs.
They recommend that the Agency focus on the opportunity to transform a portion of the Auto Plaza
Center area into a medical services center. The negative appearance of some of the existing retail
buildings along Waterman Avenue hurt the image of the area and tends to deter medical offices from
locating there as well as the failing infrastructure consisting of numerous potholes and deteriorating
pavement.
Another issue is they addressed is the need to upgrade access to high-speed Internet via fiber optic 0
cable. The need to move electronic data quickly and easily is critical to attract and accommodate
medical office facilities. With Loma Linda already locating some of its offices in the area, it would make
sense to offer them the utilities that could expand their capabilities.
Finally, they are concerned where their tax increment will be spent.
The Agency reviewed these comments and they are addressed in the Implementation Plan under
Programs for infrastructure upgrades and fac;ade improvements as follows:
. Market Feasibility and Land Use Analyses and Revitalization Strategy:
Examine existing uses, ownerships, and zoning standards to identify development opportunity
sites. Conduct market analysis for commercial revitalization. Review opportunities for grade
separation of the rail line. Identify near- and long-term revitalization strategies based on market
data and land use factors.
. Waterman Avenue Corridor Improvements:
Assembly/demolition/site clearance of various parcels of multiple owners to facilitate new
development. FY 10-11 thru FY 12-13. Enter into a study agreement with a developer to study
the feasibility of various types of development that would be of benefit to the surrounding
neighborhood.
. Public improvements:
Install/upgrade signals; interconnecting and synchronizing existing traffic signals; traffic calming;
right-of- way acquisition; new street construction; pavement new/rehab; street imps (s/w, c/g,
ADA ramps, street lights, landscaping, drainage, irrigation); street realignment, 'Nidening,
o
119
o
o
striping, elevation adjust; adjust DlWs; sewer replacement/relocation; sewer study for sewer
main; install/repair storm drain; channel widening; banner poles; bridge construction,
reconstruction, repair; remove abandoned railroad tracks; construct grade separation; construct
median; construct bike paths; sound walls.
VERBAL COMMENTS RECEIVED BY STAFF DURING AND BEFORE 31-DAY
COMMENT PERIOD PRIOR TO PUBLIC HEARING.
San Manuel Band of Mission Indians (the "Tribe")
Agency staff and the Mayor and Common Council members have been engaged in numerous
discussions regarding the possibility and feasibility of redevelopment and development of the Tribe's
holdings in the Downtown, specifically the former Penney Department Store and Tire/Battery/Auto
Center in the Carousel Mall and other possible investments in the Downtown area and the area by their
location of their casino by Victoria Avenue and Highland Avenue in the city. Currently, Agency staff and
the Tribe have been working on determining if the former Penney Tire/Batter/Auto Center could be
converted into a temporary Omnitrans transit/transfer station for bus patrons.
Discussions continue with Omnitrans staff to determine the bus scheduling changes that would be
necessary to implement the temporary transit/transfer station in the Downtown and what other
supportive service agencies and city departments would be able to utilize the facility as a community
outreach center.
Housing Authority of the County of San Bernardino (the "County Housing Authority")
Agency staff had several meetings with the staff of the County Housing Authority to discuss the future
plans of the County Housing Authority with regards to two of their large public affordable housing
projects in the City of San Bernardino: 1) Waterman Gardens, and 2) Medical Center. The projects
both total approximately 550 dwelling units within the city and are being studied as possible
redevelopment and/or substantial rehabilitation projects. The new development being considered is a
mixture of single-family and multiple-family residential uses, commercial office, retail/commercial, and
retail/service land uses.
Additional subjects of discussion include the possibility of a joint-venture in the development of
low/moderate income projects including senior housing, multiple-family housing, and single-family
rehabilitation using non-profit development corporations or public financing authorities of both the
Agency and the County Housing Authority, the development of joint projects using Neighborhood
Stabilization Program funds to address the foreclosures in the city, and the development of projects on
major corridors of the city to develop transit-oriented developments (TaD) .
Redevelopment Agency of the County of San Bernardino (the "County Redevelopment
Agency") and the Inland Valley Development Authority ("IVDA")
During the past year, Agency staff and the Mayor and members of the Common Council have also had
several meetings with the staff of the County Redevelopment Agency and two members of the Board of
Supervisors regarding the future development and redevelopment of several County enclaves that are
in the City's Sphere of Influence. Discussions and feasibility studies have been exchanged between
the Agency and the County for the County enclave along 3rd Street and little 3rd Street by the northern
entrance to the San Bernardino International Airport, regarding the lack of certain public improvements,
infrastructure, services, neighborhood identity, and deteriorated housing stock in the predominately low
to moderate income area.
120
Discussions between the agencies (the City/Agency, County Redevelopment Agency, and IVDA) have
included the joint use of tax increment proceeds from their respective Housing Fund Accounts and
Redevelopment Fund Accounts for the rehabilitation and redevelopment of the area.
Another mutual interest area for the County and City includes the former County enclave of Arrowhead
Springs Resort located at the northern boundary of the City accessed via Waterman Boulevard (State
Highway 18 to Lake Arrowhead and Big Bear Lake). The 1 ,gOO-acre former resort hotel and grounds
was an exclusive resort spa and recreation area for the early Hollywood stars and movie producers and
is currently for sale to a buyer with the vision and commitment to refurbish/rehabilitate the hotel and spa
to its former glory and vibrancy as a destination venue that would include affordable work-force
housing, low to moderate income housing, and jobs in related commercial, office, recreational, and
tourism developments.
The Waterman corridor through the 40th Street Redevelopment Project Area would be planned and
redeveloped to provide a revitalized commercial corridor developed with mixed-use developments
including affordable housing projects at certain transit-oriented districts.
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121
Community Development Commission
(Mayor & Common Council)
Economic Development Agency
Staff Contributors
Patrick J. Morris, Chairperson
Mayor
Emil A. Marzullo, Interim Executive
Director
Don Gee, Deputy Director
Esther Estrada, Commissioner
Council Member - Ward 1
Carey Jenkins, Housing & Community
Development Director
Dennis J. Baxter, Commissioner
Council Member - Ward 2
Russ De Jesus, Interim Administrative
Services Sirector
Kathleen Robles, Project Manager
Tobin Brinker, Commissioner
Council Member - Ward 3
Colin Strange, Project Manager
Mike Trout. Project Manager
Fred Shorett, Commissioner
Council Member - Ward 4
Musibau Arogundade, Project Manager
o
Lisa Connor, Assistant Project Manager
Chas A. Kelley, Commissioner
Council Member - Ward 5
Shannon Johnson, Administrative
Analyst
Rikke Van Johnson, Commissioner
Council Member - Ward 6
Jeffrey Smith, Senior Urban Planner
Lisa Sanford, Urban Planner
Wendy McCammack, Commissioner
Council Member - Ward 7
John Oquendo, Urban Planner
Precilla Rani, GIS Analyst
Timothy J. Sabo, Agency Counsel
Prepared By:
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San Bernardino Economic Development Agency
201 North "E" Street, Suite 301
San Bernardino, CA 92401
(909) 663-1044
www.sbrda.orq
Felise Acosta, Principal
Tara Howard, Associate/Project Manager
Ken Lee, Senior Associate
o
Adopted December 7, 2009
Amended. ,2010
Appendix 5
Tax Increment Projections
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