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Agenda packet

Big Bear Lake City Council
December 10, 2025

Document
Agenda packet
Meeting
December 10, 2025
Body
Big Bear Lake City Council
Pages
154
Original file
25.6 MB
Text extracted from the city's file for reading and search. Open the original on bigbearlake.gov. That file is the official record.

CITY COUNCIL, FIRE PROTECTION DISTRICT AND SUCCESSOR AGENCY

REGULAR MEETING AGENDA
DECEMBER 10, 2025
Closed Session: 4:30 p.m., ECR, Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Open Session: 5:00 p.m., Hofert Hall, Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315

COUNCILMEMBERS

MAYOR PERRI MELNICK

MAYOR PRO TEM KENDI SEGOVIA

COUNCILMEMBER RICK HERRICK
COUNCILMEMBER CHARLES HICKS, JR.

COUNCILMEMBER RANDALL PUTZ

CITY STAFF

CITY MANAGER ERIK SUND

ASSISTANT CITY MANAGER/CITY CLERK ERICA STEPHENSON

CITY ATTORNEY STEPHEN DEITSCH
If members of the public cannot attend the meeting, the City encourages the public to submit written public communications about any item on this meeting agenda, or about any subject matter within the jurisdiction of the City, to the City Clerk either in person, via mail or by email at [email protected]. If your comment is related to a specific Agenda item, please identify the Agenda item in the header of your letter or the subject line of your email. All written communications received by the City Clerk prior to the meeting will be distributed to the City Council prior to the start of the meeting, however, the public is encouraged to submit comments by 8:00 am on the day of the meeting to ensure adequate time for City Council review and consideration.

OPEN SESSION – 4:30 P.M.

CALL TO ORDER

ROLL CALL

CLOSED SESSION COMMUNICATIONS
Any member of the public is entitled to speak on Closed Session Agenda items. If you wish to address any other items listed on the agenda, you must do so during Open Session. There is a three-minute maximum time limit when addressing City Council. The time limit is subject to adjustment at the discretion of the Presiding Officer. Speakers are limited to their individual maximum time limit and other members of the public cannot cede their speaking time to another person.

DECLARATION OF CLOSED SESSION ITEMS

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Govt. Code Section 54957 Title of Position: City Attorney
1 REGULAR MEETING AGENDA
DECEMBER 10, 2025 - Page 2

RECESS TO CLOSED SESSION
RECONVENE OPEN SESSION – 5:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE

RESULTS OF CLOSED SESSION
EVENT CALENDAR FOR THE PERFORMING ARTS CENTER - For tickets please contact the box office at (909) 866-4970 or visit www.citybigbearlake.com • Moonridge School of Dance and The Arts Council of Big Bear Valley present “The Nutcracker Ballet” on December 13th at 7:00 p.m. and a matinee showing on December 14th at 2:00 p.m. • The Big Bear Theatre Project presents “A Ghost Story of Christmas” on December 21st, 26th, and 27th at 7:30 p.m., and matinee showings on December 21st and 27th at 2:00 p.m.

PRESENTATIONS
• Presentation from Bear Valley Electric Service, Inc., President, Treasurer & Secretary Paul Marconi providing a local electric utility update.
• Presentation of a Proclamation Celebrating the Spirit of Service in Our Community, Recognizing Simeon Prophet and the RE/MAX Big Bear Team for their annual Coats for the Community Event. • Presentation of a 5-year Employee Service Award to Jen Ellis, Planning Technician in the Development Services Department.

CITY MANAGER ANNOUNCEMENTS IN RESPONSE TO PUBLIC COMMENTS MADE AT THE 11/12/25 REGULAR CITY COUNCIL MEETINGS
PUBLIC COMMUNICATIONS (PART 1)
At this time, general Public comment is permitted only on consent calendar items and other matters not listed on the posted agenda that are within the subject matter and jurisdiction of the City. Public comment on specific items listed on the posted agenda, such as public hearing & discussion or action items, will be taken later in the meeting when the item is called for discussion. When addressing the City Council, please keep the following in mind; State law prohibits the City Council from taking any action on items not listed on the agenda. Therefore, the City Council is prevented from engaging in discussion or deliberation regarding the public’s comments or inquires on non-agendized topics, although the City Council and/or City staff can make brief statements related to a public comment. Each speaker has a 3-minute maximum time limit subject to adjustment at the discretion of the Presiding Officer. To allow City Council sufficient time to address agendized City business, if Public Communications Part 1 exceeds one hour, the remaining public speakers will be allowed to provide public comments during Public Communications Part 2. Participants cannot cede their speaking time to another person. To help ensure a respectful and efficient meeting, please address the City Council directly, not the audience, and refrain from disruptive comments and applause. We appreciate your attendance and your participation in our local government proceedings. 2 REGULAR MEETING AGENDA
DECEMBER 10, 2025 - Page 3

1. CONSENT CALENDAR

1.1 APPROVE DEMANDS – CHECK ISSUE DATE 10/30/25 THROUGH 11/20/25 IN THE AMOUNT OF $2,224,310.33 AND THE OCTOBER 2025 TREASURER’S REPORT

1.2 ADOPT AN ORDINANCE AMENDING THE CITY’S VACATION RENTAL

REGULATIONS TO ALLOW RESIDENTIAL PROPERTIES WITH ACCESSORY

DWELLING UNITS ELIGIBILITY IN THE VACATION RENTAL PROGRAM Staff recommendation: Adopt an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake, California, Amending Chapter 4.01 (“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses and Tourism”) of the Big Bear Lake Municipal Code to Allow Residential Properties with Accessory Dwelling Units Eligibility in the Vacation Rental Program; and Finding these Amendments Exempt from the California Environmental Quality Act (CEQA).

1.3 AWARD A CONSTRUCTION CONTRACT – SANITATION GENERATORS

REPLACEMENT PROJECT
Staff’s recommendation: Adopt a Resolution Awarding a Construction Contract to Big Bear Electric Inc. for the Installation of Backup Generators at Sewer Lift Stations Nos. 1, 9 and 10.

1.4 AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT FOR PROPERTY

MANAGEMENT OF THE LEISURE BEAR MOBILE HOME PARK
Staff’s recommendation: Adopt a Resolution Authorizing a Professional Services Agreement with Birtcher Anderson & Davis Associates, Inc. for the Property Management of the Leisure Bear Mobile Home Park through December 31, 2026, with Options to Extend the Agreement through December 31, 2028.

1.5 AUTHORIZE AN ON-CALL SNOW REMOVAL AGREEMENT WITH GRT

CONCRETE, LLC
Staff’s recommendation: Adopt a Resolution Authorizing an On-Call Snow Removal Agreement with GRT Concrete, LLC.

1.6 AUTHORIZE A MEMORANDUM OF UNDERSTANDING WITH THE SAN

BERNARDINO COUNTY DIVISION OF ENVIRONMENTAL HEALTH TO

SUPPORT EDIBLE FOOD RECOVERY PROGRAMS
Staff’s recommendation: Adopt a Resolution Authorizing a Memorandum of Understanding with the San Bernardino County Division of Environmental Health to Support Edible Food Recovery Programs as Prescribed by SB 1383.

1.7 AUTHORIZE A PURCHASE ORDER FOR A REPLACEMENT STANDBY GENERATOR FOR LIFT STATION NO. 8
Staff’s recommendation: Authorize a purchase order with Bay City Electric Works for a Replacement Standby Generator at Lift Station No. 8 and find the project categorically exempt from the California Environmental Quality Act (CEQA).
3 REGULAR MEETING AGENDA
DECEMBER 10, 2025 - Page 4

1.8 AUTHORIZE A NOTICE OF COMPLETION FOR THE FISCAL YEAR 2025-26 ANNUAL STREET REHABILITION PROJECT – MOONRIDGE ROAD AND

RATHBUN DRIVE
Staff’s recommendation: Accept the work of Granite Construction Co. as complete, and authorize staff to file a Notice of Completion for the Fiscal Year 2025-26 Annual Street Rehabilitation Project – Moonridge Road and Rathbun Drive.

1.9 AUTHORIZE A LOAN AGREEMENT WITH THE BIG BEAR LAKE FIRE PROTECTION DISTRICT FOR FISCAL YEAR 2025-26
Staff’s recommendation: Adopt a Resolution Authorizing a Loan Agreement with the Big Bear Lake Fire Protection District for Fiscal Year 2025-26.

ITEMS REMOVED FROM THE CONSENT CALENDAR

2. PUBLIC HEARING - Any person may appear and be heard in support or in opposition to the proposal at the time of the hearing. If you challenge the action in court or an administrative proceeding, you may be limited to raising only those issues which you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City at or before the public hearing.

2.1 ADOPTION OF AN ORDINANCE ADOPTING BY REFERENCE THE 2025

EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
Staff’s recommendation: Conduct a public hearing to hear any and all testimony; determine the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines and direct staff to file a Notice of Exemption; and conduct the second reading of the following ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake, California, Repealing Sections 1, 2, 3, 6, and 8 of Ordinance 2022-508 and Amending Title 15 of the Big Bear Lake Municipal Code Pertaining to the Construction and Maintenance of Buildings by Adopting the 2025 California Building Standards Code as Found in Title 24 of the California Code of Regulations Comprising the California Building Code, Volumes 1 & 2, and Appendices B, H, I, & J of Volume 2, 2025 Edition; the California Wildland-Urban Interface Code and Appendix C, 2025 Edition; the California Residential Code and Appendix Bf, 2025 Edition; the California Electrical Code, 2025 Edition; the California Mechanical Code, 2025 Edition; the California Plumbing Code, 2025 Edition; the California Energy Code, 2025 Edition; the California Historical Building Code, 2025 Edition; the California Green Building Standards Code, 2025 Edition; the California Existing Building Code, 2025 Edition; the California Reference Standards Code, 2025 Edition; the California Administrative Code, 2025 Edition; and the California Fire Code and Appendices B, Bb, C, CC, D, H, I, & J, and Errata, 2025 Edition; and adopt the proposed ordinance; and direct the City Clerk to file the findings with the California Building Standards Commission.

2.2 INTRODUCTION OF AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2025-0005, UPDATING THE CITY’S TEMPORARY NONCOMMERCIAL SIGNS REGUALTIONS 4 REGULAR MEETING AGENDA
DECEMBER 10, 2025 - Page 5
Staff’s recommendation: Conduct a public hearing to hear any and all testimony, read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake Approving Development Code Amendment 2025-0005 Proposing an Amendment to Section 17.12.050 Regarding Temporary Non-Commercial Signs by Removing Subparagraph (R) and Placing Revised Regulations for Non-Commercial Signs in the Newly Created Chapter 12.92 of Division II of Title 12 of the Big Bear Lake Municipal Code; and finding this Amendment Exempt from the California Environmental Quality Act.

2.3 URGENCY ORDINANCE AND ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2025-0006, REVISING THE CITY’S ACCESSORY

DWELLING UNIT REGULATIONS
Staff’s recommendations:

Conduct a Public Hearing to hear any and all testimony, read the title, waive further reading and adopt by title only an urgency ordinance entitled: An Urgency Ordinance of the City Council of the City of Big Bear Lake Amending Section 17.25.210 of the Big Bear Lake Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law, and Finding the Action to be Statutorily Exempt from CEQA under Public Resources Code § 21080.17.

AND
Conduct a Public Hearing to hear any and all testimony, read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake Amending Section 17.25.210 of the Big Bear Lake Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and Finding the Action to be Statutorily Exempt from CEQA under Public Resources Code § 21080.17; and direct staff to schedule the Ordinance for second reading and adoption on February 11, 2026.

3. DISCUSSION/ACTION ITEMS

3.1 AUTHORIZE THE ADOPTION OF AN EMERGENCY OPERATIONS PLAN Staff’s recommendation: Adopt a Resolution Adopting the City of Big Bear Lake Emergency Operations Plan.

3.2 ANNUAL COUNCILMEMBER REORGANIZATION AND BOARD, AGENCY, AND

COMMITTEE APPOINTMENT DISCUSSION
Staff’s recommendation: Each member of the City Council discuss their interest in serving as the Mayor or Mayor Pro Tem and in participating on various Boards, Agencies, and Committees in the upcoming 2026 calendar year.
5 REGULAR MEETING AGENDA
DECEMBER 10, 2025 - Page 6

4. CEREMONIAL

4.1 CITY COUNCIL REORGANIZATION - SELECTION OF THE MAYOR AND MAYOR

PRO TEM
Council nominations for Mayor and Mayor Pro Tem, for a one-year term.

Adjourn to the Fire Protection District Board.

4.2 FIRE PROTECTION DISTRICT REORGANIZATION - SELECTION OF CHAIR AND

VICE CHAIR
Board Nominations for Chair and Vice Chair, for a one-year term.

Adjourn to the Successor Agency.

4.3 SUCCESSOR AGENCY REORGANIZATION- SELECTION OF CHAIR AND VICE CHAIR Agency nominations for Chair and Vice Chair, for a one-year term.

Adjourn to the City Council.

PUBLIC COMMUNICATIONS (PART 2)

5. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
• CITY CLERK, CITY ATTORNEY & CITY MANAGER COMMENTS
• COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS

ADJOURNMENT

TENTATIVE ITEMS TO BE CONSIDERED AT A FUTURE PUBLIC MEETING • General Plan Advisory Committee (GPAC) Interviews
o January 14, 2026 Special City Council Meeting
• Discussion Related to the City Council Rules of Order Section Regarding Councilmember Board/Committee Reports and Comments
o February 11, 2026 Regular City Council Meeting
• General Plan Advisory Committee Meeting
o February 11, 2026 GPAC Meeting

DECLARATION OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 4th day of December 2025.

Erica Stephenson, City Clerk

The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 6 CONSENT CALENDAR REPORTS
7 Check# Vendor Date Amount
93195 Airgas, Inc. 11/06/25 67.38
93197 Bay City Equipment Industries Inc 11/06/25 3,220.31 93199 Peter Joseph Bucknam 11/06/25 7,751.37
93200 Butchers Blocks & Building Materials 11/06/25 55.08 93202 Crafco Inc. 11/06/25 1,939.50
93203 Dial M Productions 11/06/25 700.00
93204 Laguna Vault, LLC 11/06/25 57.75
93206 Mark Roger Ward 11/06/25 3,680.00
93207 Inland Lighting Supplies, Inc 11/06/25 1,354.94
93208 Jarvis Restoration, LLC 11/06/25 7,980.29
93209 Merrell Johnson Engineering Inc 11/06/25 10,036.75 93210 Mile High Sports & Equipment 11/06/25 1,810.20
93211 Mission Linen Supply Inc. 11/06/25 174.13
93212 Monarch Weather & Climate Int 11/06/25 990.00
93214 Orkin Pest Control 11/06/25 161.00
93215 Right of Way, Inc. 11/06/25 898.32
93218 Tenco Inc. 11/06/25 17,398.79
93219 Uline 11/06/25 409.60
93220 United Rentals (North America), Inc 11/06/25 3,117.44 93221 Vulcan Materials Company Inc. 11/06/25 6,717.15
93223 Waxie Sanitary Supply Inc. 11/06/25 6,150.73
93224 Xylem Water Solutions USA Inc 11/06/25 46,838.71
93225 Bear Valley Electric 11/06/25 13,185.53
93226 San Bernardino County Clerk of the Board of Supervisors 11/13/25 50.00 93227 San Bernardino County Vehicle Svcs Dept Fleet 11/13/25 7,569.52 93228 San Bernardino County Solid Waste Mgmt Division 11/13/25 13.31 93229 Mountain Area Regional Transit Authority 11/13/25 41,666.67 93230 Nigel Paxton 11/13/25 4,000.00
93231 Big Bear Disposal Inc 11/13/25 316,413.59
93232 Best Best & Krieger LLP 11/13/25 18,967.20
93233 Big Bear Lake Urgent Care Inc 11/13/25 185.00
93234 BlackHole Technologies Inc 11/13/25 1,969.78
93235 Butchers Blocks & Building Materials 11/13/25 634.59 93236 Execucom 11/13/25 735.00
93237 Cintas Corporation 11/13/25 560.31
93238 Lumber City Corp. 11/13/25 1,536.03
93239 DLT Solutions LLC 11/13/25 3,205.57
93240 Eide Bailly LLP 11/13/25 5,276.10
93241 Grainger Inc. 11/13/25 125.81
93242 HdL Coren & Cone 11/13/25 4,791.25
93243 Mission Linen Supply Inc. 11/13/25 142.71
93244 Mojave Desert & Mountain Jpa 11/13/25 4,146.00
93245 BBAP, LLC 11/13/25 5,803.32
93246 Orkin Pest Control 11/13/25 391.00
93247 Quadient Leasing USA, Inc 11/13/25 719.26
93248 Single Point Of Contact, Inc 11/13/25 5,947.46
93249 Triple Crown Products, Inc. 11/13/25 426.50
93250 TruePoint Solutions, LLC 11/13/25 4,950.00
93251 Tripepi, Smith & Associates, Inc. 11/13/25 907.50 93252 Uline 11/13/25 1,145.09
93253 Underground Service Alert Inc. 11/13/25 304.42
93254 Vulcan Materials Company Inc. 11/13/25 12,188.89
93255 Waxie Sanitary Supply Inc. 11/13/25 7,631.40
93256 Bear Valley Electric 11/20/25 19,041.33
93257 California State Department of Motor Vehicles 11/20/25 32.00 93259 Department of Justice 11/20/25 79.00
93260 California State Water Resources Control Board 11/20/25 7,279.00 93261 San Bernardino County Sheriff's Dept 11/20/25 1,091,679.00 93262 Big Bear Lake DWP 11/20/25 54.84
93264 Airgas, Inc. 11/20/25 71.04
93265 Amazon Capital Services 11/20/25 160.72
93266 Bay City Equipment Industries Inc 11/20/25 12,394.79 93269 Big Tex Trailer World Inc 11/20/25 13,514.31
93270 Butchers Blocks & Building Materials 11/20/25 759.98 93272 Cintas Corporation 11/20/25 1,654.26
93273 Civica Law Group, APC 11/20/25 32,907.07
93274 Melisa Carlc 11/20/25 2,375.00
93275 Crafco Inc. 11/20/25 6,965.00
93277 Lumber City Corp. 11/20/25 34.66
93279 FedEx 11/20/25 92.21
93282 Golden Bell Products, Inc 11/20/25 3,750.57
93283 The Grizzly 11/20/25 376.75
City of Big Bear Lake
Checks Issued 10/30/2025 - 11/20/2025
Item 1.1
8 Check# Vendor Date Amount
City of Big Bear Lake
Checks Issued 10/30/2025 - 11/20/2025
93285 Knights Automotive and Performance, Inc. 11/20/25 470.50 93286 Lance Soll & Lunghard 11/20/25 4,000.00
93287 Merrell Johnson Engineering Inc 11/20/25 47,650.75 93288 Mission Linen Supply Inc. 11/20/25 159.37
93289 Nixon-Egli Equipment Co, Inc. 11/20/25 1,200.69
93290 Off Piste Ventures 11/20/25 15,000.00
93291 Orkin Pest Control 11/20/25 270.00
93292 Overland,Pacific & Cutler, Inc 11/20/25 10,090.00 93293 Parkhouse Tire, Inc. 11/20/25 1,711.72
93294 RDO Equipment Co 11/20/25 3,113.73
93295 BlueTriton Brands Inc 11/20/25 2,777.26
93296 Romans Construction Corp. 11/20/25 30,200.00
93298 Sancon Technologies, Inc. 11/20/25 244,346.18
93299 Stalcup Landscape Innovations Inc 11/20/25 8,550.00 93300 Tom Dodson & Associates 11/20/25 2,981.07
93303 TruePoint Solutions, LLC 11/20/25 742.50
93304 Tripepi, Smith & Associates, Inc. 11/20/25 8,200.00 93305 United Rentals (North America), Inc 11/20/25 4,928.52 93306 USA Bluebook 11/20/25 170.91
93307 West Coast Pipeworks Big Bear 11/20/25 20,282.87
93308 White Cap L.P. 11/20/25 570.12
ACH Autozone Investment Corporation 11/20/25 39.70
ACH Espyr 11/05/25 204.60
ACH First-Citizens Bank & Trust Company 11/20/25 2,382.57 ACH Gary Payne 11/06/25 750.00
ACH Gary Payne 11/20/25 387.50
ACH Hakims Properties LLC 11/13/25 4,806.00
ACH Phase II Systems 11/18/25 2,336.95
ACH TASC Client Invoices 11/18/25 82.46
ACH US Bank Corporate Payment Systems 11/25/25 24,538.82 ACH Valero Marketing & Supply Co 11/13/25 1,045.76
2,224,310.33
9 Check# Vendor/Employee Transaction Amount
City Council 4110
ACH Gary Payne 11/06/25 750.00
ACH US Bank Corporate Payment Systems 11/25/25 1,165.49 City Council Total 1,915.49
City Manager 4120
93249 Triple Crown Products, Inc. 11/13/25 426.50
ACH US Bank Corporate Payment Systems 11/25/25 1,998.49 City Manager Total 2,424.99
City Clerk & Communications 4130
93204 Laguna Vault, LLC 11/06/25 57.75
93231 Big Bear Disposal Inc 11/13/25 1,328.87
ACH US Bank Corporate Payment Systems 11/25/25 2,763.29 City Clerk & Communications Total 4,149.91
Finance 4140
93240 Eide Bailly LLP 11/13/25 5,276.10
93242 HdL Coren & Cone 11/13/25 4,791.25
93295 BlueTriton Brands Inc 11/20/25 40.00
ACH Hakims Properties LLC 11/13/25 4,806.00
ACH US Bank Corporate Payment Systems 11/25/25 12.79
Finance Services Total 14,926.14
Staff Services & Risk Management 4150
93203 Dial M Productions 11/06/25 700.00
93208 Jarvis Restoration, LLC 11/06/25 7,980.29
93233 Big Bear Lake Urgent Care Inc 11/13/25 185.00
93259 Department of Justice 11/20/25 79.00
93283 The Grizzly 11/20/25 162.25
93304 Tripepi, Smith & Associates, Inc. 11/20/25 8,200.00 ACH Espyr 11/05/25 204.60
ACH Phase II Systems 11/18/25 2,336.95
ACH TASC Client Invoices
State of the City Event
League Conference Expense/State of the City Event/Meeting Expense City Logo Items
League Conference Expense/Meeting Expense
Document Storage - November
Special Event Expense - Halloween in the Village
Jerrod Niemann Concert Exp/Halloween in the Village/Office Supplies Professional Services
Professional Services
Payment Fee
Interim Employee Accommodations
Office Supplies
Employee Appreciation Event
City Hall Flood Repair Damage Claim
Recruitment Expense
Recruitment Expense
Recruitment Expense
Recruitment Expense
EAP Services - October
PARS Administrative Fees
Administrative Fees 11/18/25 82.46
ACH US Bank Corporate Payment Systems Recruitment Expense/Employee Engagement & Appreciation/Office Supplies 11/25/25 1,847.39 Staff Services & Risk Management Total 21,777.94
City Attorney 4170
93232 Best Best & Krieger LLP Professional Legal Services - September 11/13/25 18,967.20 93273 Civica Law Group, APC Professional Legal Services - September 11/20/25 32,907.07 93283 The Grizzly Legal Notices 11/20/25 214.50
City Attorney Total 52,088.77
Traffic Safety 4230
93225 Bear Valley Electric Electricity Usage 11/06/25 1,549.00 93256 Bear Valley Electric Electricity Usage 11/20/25 952.76 Traffic Safety Total 2,501.76
Law Enforcement 4250
93261 San Bernardino County Sheriff's Dept Monthly Sheriff Contract - October & November 11/20/25 1,091,679.00 Law Enforcement Total 1,091,679.00
Animal Regulation 4260
93235 Butchers Blocks & Building Materials Materials/Supplies 11/13/25 45.53 Animal Regulation Total 45.53
Engineering 4310
93199 Peter Joseph Bucknam Professional Services 11/06/25 7,751.37 City of Big Bear Lake
Expenditure By Department
Checks Issued 10/30/2025 - 11/20/2025
10 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/30/2025 - 11/20/2025
93226 San Bernardino County Clerk of the Board of Supervisors Notice of Exemption Filing Fee 11/13/25 50.00 93227 San Bernardino County Vehicle Svcs Dept Fleet Fuel Charges 11/13/25 189.57 93287 Merrell Johnson Engineering Inc Professional Services 11/20/25 2,493.00 93300 Tom Dodson & Associates Professional Services 11/20/25 2,981.07 ACH US Bank Corporate Payment Systems League Conference Expense/Materials & Supplies 11/25/25 1,315.54 Engineering Total 14,780.55
Street Maintenance & Snow Removal 4320
93197 Bay City Equipment Industries Inc Equipment Repairs 11/06/25 1,738.33 93202 Crafco Inc. Materials/Supplies 11/06/25 1,939.50
93211 Mission Linen Supply Inc. Uniform Laundry Service 11/06/25 139.30 93212 Monarch Weather & Climate Int Weather Forecasting Services 11/06/25 990.00 93214 Orkin Pest Control Pest Control Services 11/06/25 161.00 93215 Right of Way, Inc. Signage 11/06/25 898.32
93218 Tenco Inc. Snow Removal Expense 11/06/25 17,398.79 93219 Uline Materials/Supplies 11/06/25 409.60
93223 Waxie Sanitary Supply Inc. Janitorial Supplies 11/06/25 1,537.68 93227 San Bernardino County Vehicle Svcs Dept Fleet Fuel Charges 11/13/25 3,091.39 93228 San Bernardino County Solid Waste Mgmt Division Solid Waste Collection 11/13/25 13.31 93231 Big Bear Disposal Inc Portable Restroom Rentals 11/13/25 127.48 93234 BlackHole Technologies Inc GPS Monthly Services 11/13/25 1,969.78 93235 Butchers Blocks & Building Materials Materials/Supplies 11/13/25 324.75 93236 Execucom After-hours Call Service 11/13/25 367.50 93237 Cintas Corporation AED Lease 11/13/25 70.04
93238 Lumber City Corp. Materials/Supplies 11/13/25 32.95 93241 Grainger Inc. Materials/Supplies 11/13/25 125.81
93243 Mission Linen Supply Inc. Uniform Laundry Service 11/13/25 114.17 93255 Waxie Sanitary Supply Inc. Janitorial Supplies 11/13/25 1,907.85 93257 California State Department of Motor Vehicles Trailer Registration 11/20/25 32.00 93265 Amazon Capital Services Materials/Supplies 11/20/25 160.72 93266 Bay City Equipment Industries Inc Equipment Repairs 11/20/25 3,865.67 93269 Big Tex Trailer World Inc Dump Trailer 11/20/25 13,514.31 93270 Butchers Blocks & Building Materials Materials/Supplies 11/20/25 386.92 93272 Cintas Corporation First Aid Supplies 11/20/25 631.23 93274 Melisa Carlc Professional Services 11/20/25 480.00 93288 Mission Linen Supply Inc. Uniform Laundry Service 11/20/25 127.50 93291 Orkin Pest Control Pest Control Services 11/20/25 156.00 93295 BlueTriton Brands Inc Drinking Water 11/20/25 1,368.62 93308 White Cap L.P. Materials/Supplies 11/20/25 570.12 ACH US Bank Corporate Payment Systems League Conference/Training Expense/Materials & Supplies/Meeting Provisions 11/25/25 6,391.29 ACH Valero Marketing & Supply Co Fuel Charges 11/13/25 1,045.76 PW: Street Maintenance & Snow Removal Total 62,087.69
Vehicle Maintenance 4325
93211 Mission Linen Supply Inc. Uniform Laundry Service 11/06/25 8.71 93225 Bear Valley Electric Electricity Usage 11/06/25 46.24 93243 Mission Linen Supply Inc. Uniform Laundry Service 11/13/25 7.13 93245 BBAP, LLC Vehicle Repair Parts 11/13/25 5,624.51
93256 Bear Valley Electric Electricity Usage 11/20/25 41.91 93285 Knights Automotive and Performance, Inc. SMOG Inspection 11/20/25 470.50 93288 Mission Linen Supply Inc. Uniform Laundry Service 11/20/25 7.96 93289 Nixon-Egli Equipment Co, Inc. Materials/Supplies 11/20/25 1,200.69 93293 Parkhouse Tire, Inc. Tires 11/20/25 1,711.72
93294 RDO Equipment Co Vehicle Maintenance 11/20/25 3,113.73 ACH Autozone Investment Corporation Vehicle Repair Parts 11/20/25 39.70 ACH US Bank Corporate Payment Systems Vehicle Maintenance/Repair Parts 11/25/25 529.79 PW: Vehicle Maintenance Total 12,802.59
11 Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/30/2025 - 11/20/2025
Street Lighting 4330
93225 Bear Valley Electric Electricity Usage 11/06/25 1,427.65 93256 Bear Valley Electric Electricity Usage 11/20/25 8,868.46 PW: Street Lighting Total 10,296.11
Parking Lots & Facilities 4335
93223 Waxie Sanitary Supply Inc. Janitorial Supplies 11/06/25 1,537.68 93225 Bear Valley Electric Electricity Usage 11/06/25 2,863.42 93246 Orkin Pest Control Pest Control Services 11/13/25 152.00 93252 Uline Materials/Supplies 11/13/25 139.18
93255 Waxie Sanitary Supply Inc. Janitorial Supplies 11/13/25 1,907.85 93256 Bear Valley Electric Electricity Usage 11/20/25 1,200.09 93262 Big Bear Lake DWP Water Usage 11/20/25 54.84
93291 Orkin Pest Control Pest Control Services 11/20/25 114.00 PW: Parking Lots & Facilities Total 7,969.06
Planning 4410
93250 TruePoint Solutions, LLC Professional Services 11/13/25 4,950.00 93274 Melisa Carlc Professional Services 11/20/25 1,292.50 93303 TruePoint Solutions, LLC Professional Services 11/20/25 742.50 ACH US Bank Corporate Payment Systems 11/25/25 74.54
Planning Total 7,059.54
Economic Development & Tourism Management 4415
93227 San Bernardino County Vehicle Svcs Dept Fleet 11/13/25 522.63 93230 Nigel Paxton 11/13/25 4,000.00
93286 Lance Soll & Lunghard 11/20/25 4,000.00
93290 Off Piste Ventures 11/20/25 15,000.00
ACH US Bank Corporate Payment Systems 11/25/25 1,852.40 Economic Development & Tourism Management Total 25,375.03 Building & Safety 4430
93227 San Bernardino County Vehicle Svcs Dept Fleet 11/13/25 154.18 ACH US Bank Corporate Payment Systems 11/25/25 1,230.93 Building & Safety Total 1,385.11
City Parks & Trails 4625
93200 Butchers Blocks & Building Materials 11/06/25 55.08 93223 Waxie Sanitary Supply Inc. 11/06/25 1,537.68
93225 Bear Valley Electric 11/06/25 2,363.93
93235 Butchers Blocks & Building Materials 11/13/25 110.52 93252 Uline 11/13/25 1,005.91
93255 Waxie Sanitary Supply Inc. 11/13/25 1,907.85
93256 Bear Valley Electric 11/20/25 1,393.46
City Parks & Trails Total 8,374.43
General Government 4800
93247 Quadient Leasing USA, Inc 11/13/25 719.26
93279 FedEx 11/20/25 92.21
ACH US Bank Corporate Payment Systems 11/25/25 844.30
General Government Total 1,655.77
Information Technology 4810
93206 Mark Roger Ward 11/06/25 3,680.00
93239 DLT Solutions LLC 11/13/25 3,205.57
93248 Single Point Of Contact, Inc 11/13/25 5,947.46
93274 Melisa Carlc 11/20/25 602.50
ACH First-Citizens Bank & Trust Company
Office Supplies/Meeting Provisions
Fuel Charges
Professional Services
Professional Services
Business Improvement Grant - The Moonridge Room
Meeting Expenses/League Conference Expense
Fuel Charges
Training Expense
Materials/Supplies
Janitorial Supplies
Electricity Usage
Materials/Supplies
Dog Waste Receptacles
Janitorial Supplies
Electricity Usage
Mailing Machine Lease
Shipping Charges
Office Supplies/Business Cards
IT Consulting Services
Annual AutoCAD Subscription
Computer Equipment
Professional Services
Copier Lease 11/20/25 12
2,382.57
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/30/2025 - 11/20/2025
ACH US Bank Corporate Payment Systems 11/25/25 3,949.59 Technology Services Total 19,767.69
Civic Center 4820
93207 Inland Lighting Supplies, Inc 11/06/25 1,354.94
93211 Mission Linen Supply Inc. 11/06/25 12.19
93223 Waxie Sanitary Supply Inc. 11/06/25 1,537.69
93227 San Bernardino County Vehicle Svcs Dept Fleet 11/13/25 1,965.48 93235 Butchers Blocks & Building Materials 11/13/25 49.96 93237 Cintas Corporation 11/13/25 420.23
93243 Mission Linen Supply Inc. 11/13/25 9.99
93246 Orkin Pest Control 11/13/25 239.00
93255 Waxie Sanitary Supply Inc. 11/13/25 1,907.85
93270 Butchers Blocks & Building Materials 11/20/25 273.55 93272 Cintas Corporation 11/20/25 391.79
93277 Lumber City Corp. 11/20/25 34.66
93288 Mission Linen Supply Inc. 11/20/25 11.16
93307 West Coast Pipeworks Big Bear 11/20/25 15,282.87
Civic Center Total 23,491.36
PAC Operations & Maintenance 4821
ACH Gary Payne 11/20/25 387.50
ACH US Bank Corporate Payment Systems 11/25/25 357.81
PAC Operations & Maintenance Total 745.31
Sanitation 250
93195 Airgas, Inc. 11/06/25 67.38
93197 Bay City Equipment Industries Inc 11/06/25 1,481.98 93225 Bear Valley Electric 11/06/25 3,910.27
93227 San Bernardino County Vehicle Svcs Dept Fleet 11/13/25 1,646.27 93235 Butchers Blocks & Building Materials 11/13/25 81.17 93236 Execucom 11/13/25 367.50
93237 Cintas Corporation 11/13/25 70.04
93238 Lumber City Corp. 11/13/25 1,503.08
93245 BBAP, LLC 11/13/25 178.81
93253 Underground Service Alert Inc. 11/13/25 304.42
93256 Bear Valley Electric
Professional Platforms/Computer Supplies
Light Bulbs
Uniform Laundry Service
Janitorial Supplies
Fuel Charges
Materials/Supplies
AED Lease
Uniform Laundry Service
Pest Control Services
Janitorial Supplies
Materials/Supplies
AED Lease
Materials/Supplies
Uniform Laundry Service
Water Refilling Stations
Theatre Maintenance & Support
Theatre Supplies
Materials/Supplies
Equipment Repairs
Electricity Usage
Fuel Charges
Materials/Supplies
After-hours Call Service
AED Lease
Materials/Supplies
Vehicle Repair Parts
Underground Dig Alert Services
Electricity Usage 11/20/25 4,653.83
93264 Airgas, Inc. Materials/Supplies 11/20/25 71.04
93266 Bay City Equipment Industries Inc Equipment Repairs 11/20/25 3,173.27 93270 Butchers Blocks & Building Materials Materials/Supplies 11/20/25 17.15 93272 Cintas Corporation First Aid Supplies 11/20/25 631.24 93282 Golden Bell Products, Inc Materials/Supplies 11/20/25 3,750.57 93295 BlueTriton Brands Inc Drinking Water 11/20/25 1,368.64 93306 USA Bluebook Materials/Supplies 11/20/25 170.91
ACH US Bank Corporate Payment Systems Annual CWEA Membership/Materials & Supplies 11/25/25 205.18 Sanitation Total 23,652.75
Property Lease General Operations 255
93251 Tripepi, Smith & Associates, Inc. Professional Services 11/13/25 907.50 93292 Overland,Pacific & Cutler, Inc Professional Services 11/20/25 10,090.00 Property Lease General Operations Total 10,997.50
Mountain Transit 282
93229 Mountain Area Regional Transit Authority No-Fare Trolley Contribution - November 11/13/25 41,666.67 Mountain Transit Total 41,666.67
Village Streetscape Maintenance 291
93225 Bear Valley Electric Electricity Usage 11/06/25
13 1,025.02
Check# Vendor/Employee Transaction Amount
City of Big Bear Lake
Expenditure By Department
Checks Issued 10/30/2025 - 11/20/2025
93231 Big Bear Disposal Inc Village Litter Containers 11/13/25 2,686.15 93235 Butchers Blocks & Building Materials Materials/Supplies 11/13/25 22.66 93256 Bear Valley Electric Electricity Usage 11/20/25 1,930.82 93270 Butchers Blocks & Building Materials Materials/Supplies 11/20/25 82.36 93299 Stalcup Landscape Innovations Inc Seat Wall Construction & Installation 11/20/25 8,550.00 93305 United Rentals (North America), Inc Equipment Rental 11/20/25 4,928.52 Village Streetscape Maintenance Total 19,225.53
Capital Projects 321
93209 Merrell Johnson Engineering Inc Castle Rock Trailhead Project 11/06/25 10,036.75 93224 Xylem Water Solutions USA Inc Sanitation Infrastructure 11/06/25 46,838.71 93254 Vulcan Materials Company Inc. Clean Bear Site Relocation Project 11/13/25 6,460.11 93266 Bay City Equipment Industries Inc Sanitation Infrastructure 11/20/25 5,355.85 93296 Romans Construction Corp. Sanitation Infrastructure 11/20/25 30,200.00 93298 Sancon Technologies, Inc. Sanitation Infrastructure 11/20/25 244,346.18 Capital Projects Total 343,237.60
Street Improvement Projects 350
93254 Vulcan Materials Company Inc. 11/13/25 5,728.78
93275 Crafco Inc. 11/20/25 6,965.00
93287 Merrell Johnson Engineering Inc 11/20/25 45,157.75 Capital Projects/ Street Improvements Total 57,851.53
Refuse 550
93210 Mile High Sports & Equipment 11/06/25 1,810.20
93211 Mission Linen Supply Inc. 11/06/25 13.93
93220 United Rentals (North America), Inc 11/06/25 3,117.44 93221 Vulcan Materials Company Inc. 11/06/25 6,717.15
93231 Big Bear Disposal Inc 11/13/25 312,271.09
93243 Mission Linen Supply Inc. 11/13/25 11.42
93244 Mojave Desert & Mountain Jpa 11/13/25 4,146.00
93260 California State Water Resources Control Board 11/20/25 7,279.00 93288 Mission Linen Supply Inc. 11/20/25 12.75
93307 West Coast Pipeworks Big Bear
Street/Drainage Improvements
Crack Sealing Project
Rathbun Drive & Moonridge Rd Rehabilitation Projects
Cottage Lane Dumpster Project
Uniform Laundry Service
Cottage Lane Paving Equipment Rental
Cottage Lane Paving Services
Residential Curb/Bin Service - November
Uniform Laundry Service
Membership Contributions
Annual Permit Fee
Uniform Laundry Service
Water Refilling Station 11/20/25 5,000.00
Refuse Total 340,378.98
2,224,310.33
14 DISTRIBUTION OF TREASURY CASH Rate Amount % of Total Demand Account $ 1,588,073 6.00%
Imprest Cash - Payroll $ 5,515 0.02%
Imprest Cash $ 1,625 0.01%
Dental Self Insured Checking $ 176,531 0.67%
Local Agency Investment Fund (LAIF) 4.150% $ 24,699,022 93.31% Total Cash In Treasury: $ 26,470,766 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 254
LAIF Transactions $0 -$1,600,000
Interest Received in Fiscal Year 2025-26 $679,098
DISTRIBUTION OF CASH BY FUND October 2025 September 2025 Change General $ 23,346,272 $ 23,135,926 $ 210,346
Sanitation $ 4,461,479 $ 4,468,650 $ (7,171)
Capital Improvement $ (2,208,951) $ (1,389,801) $ (819,150) Refuse $ (119,265) $ 285,126 $ (404,391)
Trust $ 232,913 $ 396,039 $ (163,126)
Successor Agency $ 226,762 $ 226,762 $ -
AB 3229 Supp Law Enforce $ 389,585 $ 281,723 $ 107,862
Fire Protection District $ 141,971 $ 142,625 $ (654)
Total Cash in Treasury: $ 26,470,766 $ 27,547,050 $ (1,076,284) CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 1999 IA Tax Allocation Bonds $ 289,289 $ 289,289 4.00%
- The aforementioned investments conform to the City's investment policy. (Res. 2022-64) - Cash is sufficient to meet needs of the next 6 months. - Interest earned on invested cash is accrued on a quarterly basis.

Pursuant to California Government Code 53647 all local government agencies are required to report the current market value of investments under management by an outside party. The reserve funds for the aforementioned bond issues are held and managed by the City's Trustee, Union Bank.

CITY OF BIG BEAR LAKE

TREASURER'S REPORT
October, 2025
15 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Kelly Tinker, Economic Development Manager
SUBJECT: Adopt an Ordinance Amending the City’s Vacation Rental Regulations to Allow Residential Properties with Accessory Dwelling Units Eligibility in the Vacation Rental Program

BACKGROUND & DISCUSSION
On November 12, 2025, the City Council considered Ordinance 2025-xxx, which as proposed, would amend Chapter 4.01 (“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses And Tourism”) of the Big Bear Lake Municipal Code, specifically Table 4.01.110 – the Vacation Rental Eligibility Table. The proposed amendment removes the existing prohibition on parcels containing Accessory Dwelling Units (ADU’s) from the vacation rental program, and instead would allow such properties to participate in the program under the following condition: that only the primary residence on the parcel would be eligible for use as a Vacation Home Rental, while the ADU must remain restricted for long-term residential use only. At the November 12, 2025, meeting City Council introduced the ordinance, read the title, and waived further reading of the attached Ordinance 2025-xxx. City Council approved staff’s recommendation related to the introduction and first reading of the proposed ordinance by a vote of 5-0.

The amendment would be accomplished through an update to Table 4.01.110 – Vacation Rental Eligibility Table within Title 4 (“Visitor Serving Uses and Tourism”) of the City’s Municipal Code (see attached Ordinance and Exhibit A). Staff recommends that City Council approve the Ordinance 2025-xxx to amend Title 4 accordingly, enabling residents with ADUs the utilization of their primary residence for short-term rental use while preserving long-term housing inventory.

This amendment aligns with the City’s dual objectives of maintaining housing opportunities for the local workforce while also supporting a sustainable tourism economy and allowing homeowner participation in the City’s regulated vacation rental market.

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended ordinance.

ENVIRONMENTAL CONSIDERATIONS
This amendment is not a “project” under Public Resources Code section 21065, and, therefore is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section Item 1.2
16 15061(b)(3), the “common sense exemption,” which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have potential to cause a significant effect on the environment.

CONSIDERATION OF STRATEGIC PRIORITIES

1. Enhance community engagement and local advocacy strategies, while bolstering partnerships with residents, businesses and regional partners.

2. Preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.

RECOMMENDED ACTION
It is recommended that the City Council adopt an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake, California, Amending Chapter 4.01 (“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses and Tourism”) of the Big Bear Lake Municipal Code to Allow Residential Properties with Accessory Dwelling Units Eligibility in the Vacation Rental Program; and Finding these Amendments Exempt from the California Environmental Quality Act (CEQA).

ATTACHMENTS

1. Ordinance 2025-xxx (including Exhibit A)

2. City Council Agenda Report, Dated November 12, 2025 (without attachments) 17 ORDINANCE NO. 2025-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, AMENDING CHAPTER 4.01 (“VACATION
RENTALS”) OF TITLE 4 (“VISITOR-SERVING USES AND TOURISM”)

OF THE BIG BEAR LAKE MUNICIPAL CODE TO ALLOW

RESIDENTIAL PROPERTIES WITH ACCESSORY DWELLING UNITS
ELIGIBILITY IN THE VACATION RENTAL PROGRAM; AND FINDING

THESE AMENDMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of Big Bear Lake, California (the “City”) is a municipal corporation and Charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, the City of Big Bear Lake is a four-season resort community where tourists visit to escape everyday urban life in order to enjoy a unique mountain experience, including recreation activities, rest and relaxation; and
WHEREAS, the City of Big Bear Lake desires to preserve the residential character of neighborhoods that enhance the quality of life for our residents and provide a peaceful retreat for our visitors; and
WHEREAS, according to the Big Bear Lake General Plan, the local economy is primarily based on tourism, therefore, a guiding principle of the City of Big Bear Lake is to encourage a yearround, well-balanced economic base while recognizing the importance of tourism in the local economy; and
WHEREAS, due to Big Bear Lake’s status as a resort community that offers unique vacation opportunities for large families, the City desires to maintain the ability for visitors to rent family homes for their vacation accommodations; and
WHEREAS, the City Council adopted Ordinance No. 99-300 on August 9, 1999 establishing regulations for Transient Private Home Rentals (vacation rentals); and WHEREAS, the City Council adopted Ordinance No. 2007-375 on December 10, 2007 amending the Development Code to include provisions for enforcing regulations on Transient Private Home Rentals (vacation rentals); and
WHEREAS, the City Council adopted Urgency Ordinance No. 2021-488 on January 11, 2021, deleting references to Transient Private Home Rentals from Chapter 17 and adding Chapter 4.01 to the Municipal Code regulating vacation rentals; and
WHEREAS, the City Council adopted Ordinance No. 2023-518 on December 19, 2023, amending Chapter 4.01 of the Municipal Code updating provisions for enforcing regulations on vacation rentals; and
WHEREAS, under Public Resources Code section 21065, adoption of this ordinance is not a Item 1.2
Attachment 1
18 project subject to the California Environmental Quality Act (CEQA), and, alternatively, adoption of the ordinance is exempt from CEQA under CEQA Guidelines section 15061(b)(3), the “common sense” rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have the potential to cause a significant effect on the environment; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this ordinance, are true and correct and are incorporated herein.

Section 2. The City Council hereby finds that the Application is not a “project” under Public Resources Code section 21065, and, in the alternative, are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have potential to cause a significant effect on the environment.

Section 3. Chapter 4.01 of Title 4 of the Big Bear Lake Municipal Code is hereby amended to read as follows:

Chapter 4.01 Vacation Rentals
Section 4.01.110 - Vacation rental eligibility table.

Zoning
district
Improvements on property Vacation rental eligibility
R-L & R-1
zones
1 single-family unit Eligible
1 single-family unit & detached
guest house (no kitchen)
Eligible, as one unit combined. Must rent
the entire property to same party. No
kitchen allowed in guest house.
1 single-family unit & ADU Eligible for Primary Residence only, ADU is not eligible
1+ detached single-family units Only 1 unit is eligible 1+ attached single-family units Only 1 unit is eligible R-3 zone 1 single-family unit Eligible
1 single-family unit & detached
guest house (no kitchen)
Eligible, as one unit combined. Must rent
the entire property to same party. No
kitchen allowed in guest house.
1 single-family unit & ADU Eligible for Primary Residence only, ADU is not eligible
1+ detached single-family units Only 1 unit is eligible 2—4 attached single-family units All are eligible
19 >4 attached single-family units
under single ownership
(apartments)
None are eligible
>4 attached single-family units
under multiple ownership
(condominiums)
All are eligible
* Owners of licensed properties as of January 11, 2021 that are not in compliance with the above table can continue to renew license unless it has been revoked or expired more than thirty (30) days.

Section 4. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determination are based are on file in the office of the City Clerk.

Section 5. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

Section 6. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days following the passage of this Ordinance, the Ordinance, or summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be posted in at least three (3) public places in the City in lieu of publication unless publication is requested by the City Council or otherwise required by law.

PASSED, APPROVED AND ADOPTED this 10th day of December, 2025.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk
20 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2025-xxx is a full, true and correct original of Ordinance No. 2025-xxx of the City of Big Bear Lake entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, AMENDING CHAPTER 4.01 (“VACATION
RENTALS”) OF TITLE 4 (“VISITOR-SERVING USES AND TOURISM”)

OF THE BIG BEAR LAKE MUNICIPAL CODE TO ALLOW

RESIDENTIAL PROPERTIES WITH ACCESSORY DWELLING UNITS
ELIGIBILITY IN THE VACATION RENTAL PROGRAM; AND FINDING

THESE AMENDMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 10th day of December 2025, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2025-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk
21 EXHIBIT A

REDLINE VERSION
Proposed Text Changes to Municipal Code per Ordinance 2025-xxx Table 4.01.110 – Vacation Rental Eligibility Table within Chapter 4.01 (Vacation Rentals) of Title 4 (Visitor-Serving Uses and Tourism) of the Big Bear Lake Municipal Code. Proposed changes shown in RED for added language and STRIKETHROUGH for deleted text:

4.01.110 - Vacation rental eligibility table.

Zoning
district
Improvements on property Vacation rental eligibility
R-L & R-1
zones
1 single-family unit Eligible
1 single-family unit & detached
guest house (no kitchen)
Eligible, as one unit combined. Must rent
the entire property to same party. No
kitchen allowed in guest house.
1 single-family unit & ADU ** Not eligible
Eligible for Primary Residence only, ADU
is not eligible
1+ detached single-family units Only 1 unit is eligible 1+ attached single-family units Only 1 unit is eligible R-3 zone 1 single-family unit Eligible
1 single-family unit & detached
guest house (no kitchen)
Eligible, as one unit combined. Must rent
the entire property to same party. No
kitchen allowed in guest house.
1 single-family unit & ADU ** Not eligible
Eligible for Primary Residence only, ADU
is not eligible
1+ detached single-family units Only 1 unit is eligible 2—4 attached single-family units All are eligible
>4 attached single-family units
under single ownership
(apartments)
None are eligible
>4 attached single-family units
under multiple ownership
(condominiums)
All are eligible
* Owners of licensed properties as of January 11, 2021 that are not in compliance with the above table can continue to renew license unless it has been revoked or expired more than thirty (30) days.
** No property is eligible for a vacation rental license if the property has an ADU on it, regardless of zone.

Item 1.2
Exhibit A
22 MEETING
DATE: November 12, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Kelly Tinker, Economic Development Manager
SUBJECT: Introduction of an Ordinance Amending the City’s Vacation Rental Regulations to Allow Residential Properties With Accessory Dwelling Units Eligibility in the Vacation Rental Program

BACKGROUND & DISCUSSION
In accordance to the City Council Policy, Procedures, and Rules of Order Manual, Chapter 4, Agenda, Section III, Agenda Item Submission, (B) Councilmember Agenda Requests:
“Any City Councilmember, with the concurrence of one additional Councilmember, may request to place an item on an upcoming City Council meeting agenda, providing the City Manager with at least 30 days’ notice in order to provide ample time for staff preparation. Such requests may be made during “CouncilMember Board / Committee Reports & Comments” in a City Council meeting, or may be made directly to the City Manager at any other time.” Councilmember Putz with the concurrence of Mayor Melnick requested that this item be placed on the agenda. They provided over 30 days’ notice to staff.

Vacation rentals have been part of Big Bear Lake’s community fabric for over two decades, with the City among the first in California to formally regulate them through Ordinance No. 99-300 in 1999, allowing second homeowners to offset ownership and maintenance costs. This framework was strengthened in 2007 through Ordinance No. 2007-375, which established enforcement provisions codified in Sections 17.03.310 and 17.03.315 of the Development Code. Then in 2021, an urgency ordinance was adopted by City Council to repeal those sections of the Development Code and instead replace them with new regulations under Title 4 of the Municipal Code, which afforded the City various enforcement protocols to be able to address the most common and most egregious violations of the vacation rental program. The ordinance was amended again in 2023 following extensive community engagement efforts, with updates to program regulations based on the public’s feedback.

The vacation rental program represents a significant portion of the City’s tourism economy and remains one of the most resource-intensive programs administered by staff. More than 2,700 properties are registered in the vacation rental program, representing a large percentage of the total residential properties citywide. Under the current ordinance, properties that contain an Accessory Dwelling Unit (ADU) are prohibited from registering as a vacation rental, and in an effort to support additional workforce and affordable housing needs, City Council has expressed interest in amending the current eligibility restrictions within Title 4 to allow residential properties with an Item 1.2
Attachment 2
23 ADU to participate in the vacation rental program.

Staff is recommending a proposed amendment to Chapter 4.01 (“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses And Tourism”) of the Big Bear Lake Municipal Code, specifically Table

4.01.110 – Vacation Rental Eligibility Table. The proposed amendment removes the existing prohibition on parcels containing ADU’s and instead allow such properties to participate in the vacation rental program under the following condition: that only the primary residence on the parcel would be eligible for use as a Vacation Home Rental, while the ADU must remain restricted for long-term residential use only.

This amendment aligns with the City’s dual objectives of maintaining housing opportunities for the local workforce while also supporting a sustainable tourism economy and allowing homeowner participation in the City’s regulated vacation rental market.

The amendment would be accomplished through an update to Table 4.01.110 – Vacation Rental Eligibility Table within Title 4 (Visitor Serving Uses and Tourism) of the City’s Municipal Code (see attached Ordinance and Exhibit A). Staff recommends that City Council approve the ordinance to amend Title 4 accordingly, enabling residents with ADUs utilization of their primary residence for short-term rental use while preserving long-term housing inventory.

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended ordinance.

ENVIRONMENTAL CONSIDERATIONS
This amendment is not a “project” under Public Resources Code section 21065, and, therefore is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have potential to cause a significant effect on the environment.

CONSIDERATION OF STRATEGIC PRIORITIES

1. Enhance community engagement and local advocacy strategies, while bolstering partnerships with residents, businesses and regional partners.

2. Preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.

RECOMMENDED ACTION
It is recommended that the City Council read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake, California, Amending Chapter 4.01 (“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses And Tourism”) of the Big Bear Lake Municipal Code to Allow Residential Properties with Accessory Dwelling Units Eligibility in the Vacation Rental Program; and Finding these Amendments Exempt from the California Environmental Quality Act (CEQA).

ATTACHMENT

1. Ordinance 2025-xxx (including Exhibit A)
24 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Miguel Cabanas, P.E., P.L.S., Engineering Manager
Israel Gomez, Associate Engineer
SUBJECT: Award a Construction Contract – Sanitation Generators Replacement Project

BACKGROUND & DISCUSSION
The City’s Sanitation System includes twelve (12) sewer lift or pump stations that convey the wastewater collected from the City’s collection system to the Big Bear Area Regional Wastewater Agency (BBARWA). These twelve (12) sewer lift stations are located across the City and are considered part of the critical infrastructure needed to service the community of Big Bear Lake.

Most of these stations are equipped with permanent backup generators to allow the sewer system to continue to operate in the event of a power outage. Many of the existing generators were installed with the original construction of the sewer lift stations and are older than thirty (30) years old; as such, staff has worked over the past several years to systematically replace the antiquated generators. The 2025-2026 Capital Improvements Program (CIP) budget includes funding for generator replacements at critical sanitation facilities. In May of 2024, staff ordered the necessary generators for Stations Nos. 1, 9, and 10 based upon the condition and need of those systems at the time.

Sewer Lift Station #1 is located near 41313 Eastwood Road adjacent to the baseball field in Meadow Park. Sewer Lift Station #9 is located at the terminus of Garstin Drive, within the sewer ponds facility. Sewer Lift Station #10 is inside the private community of Eagles Knoll, adjacent to the intersection of Stanfield Cutoff and Big Bear Blvd. The scope of work for this project is to replace the generators and automatic transfer switches, which are being furnished by the City, at the identified locations. Additionally, the contract will include the replacement of the fuel tanks at sites 1 and 10 and any appurtenant work at the sites to properly house these generators. The contractor will be responsible for starting up and testing the new generators and ensuring that all work conforms to current codes.

On April 9, 2025, the City Council authorized staff to proceed with a competitive bid process for the installation of the City furnished generators at these sites. The Engineering Division with support from Merrell-Johnson Companies, one of the City’s on-call consultants, completed the plans and specifications for this project. As a part of the project planning and design effort, the Engineer’s Estimate of probable construction costs for this scope of work was determined to be $248,270.

Item 1.3
25 Staff executed this bid process in accordance with the California Public Contract Code and the City of Big Bear Lake Purchasing Guidelines. This effort included the circulation of a Notice of Inviting Bids through the Grizzly Newspaper, the City website, and PlanetBids, which is a widely used, online bid solicitation service. A mandatory pre-bid conference was held on Wednesday, August 13 which provided the opportunity for staff to answer any questions from potential bidders.

Eight (8) Bidders attended the mandatory pre-bid meeting. On Wednesday, August 28, 2025, staff received, opened, and publicly read aloud one (1) sealed bid for this project. The bid results are as follows:

Contractor Location Base Bid Price Add. Alternate No. 1 Big Bear Electric, Inc. Big Bear City, CA $208,000.00 $7,500.00 Staff has reviewed the bids received for completeness and accuracy and the contractor’s background for qualifications and experience. Big Bear Electric Inc. is a well-established electrical contractor with a focus on commercial, industrial, and public electrical work with an expertise in pumps and motor controls, such as sewer lift stations. Big Bear Electric has previously performed similar work for the City of Big Bear Lake.

During the bid procurement process, staff requested bidders to submit an Additive Bid Alternate for the cost of supplying a temporary emergency generator during construction since the existing backup systems will be taken offline by this project. Additive Bid Alternate #1 includes the contractor furnishing all the temporary equipment to make the necessary electrical connections to supply temporary power to the Sewer Lift Stations. The total amount of the Additive Bid Alternate is $7,500 for 3 days, one day for each Sewer Lift Station. This additive, alternate item will be invoked only as needed based upon the status of power within the Big Bear Valley to ensure the ongoing functionality of the lift stations while the power may be interrupted.

The total bid from Big Bear Electric, Inc. is below the Engineer’s Estimate for this project. Based upon the competitive pricing, as well as their prior experience completing similar projects to this, staff would recommend awarding a construction contract to Big Bear Electric, Inc. in the amount of $215,500. In addition, staff is recommending the authorization of a contingency fund in the amount of $21,500 (approximately 10%) to cover the cost of any unforeseen conditions or additional work that may arise during the completion of this project.

Pursuant to the City’s standard construction specifications and bid documents, all bids submitted to the City are valid for a period of ninety (90) days, meaning that if the City were to take no action on the bid within that time frame, it expires and is no longer valid. Staff has been in contact with Big Bear Electric, Inc. and they confirmed that they are willing to hold their bid as valid through December 31, 2025, to accommodate the City’s schedule and timeline related to the award of this construction contract.

The contractor is available to commence work upon the execution of the contract documents.

Given the time of year and the changing of the season, work will proceed with consideration being made for forecasted weather conditions, to enable work to get underway while ensuring that changing weather conditions do not impact the ability to complete the work.

FISCAL IMPACT
The total contract award, inclusive of the Base Bid, Additive Alternate No. 1, and contingency funding will not exceed $237,000. Funding for this project is available within the adopted Fiscal 26 Year 2025-26 Annual Operating Budget and Capital Improvement Program.

ENVIRONMENTAL CONSIDERATIONS
At the time of authorizing the construction bids for this project, the City Council found that this project is categorically exempt from the California Environmental Quality Act (CEQA).

CONSIDERATION OF STRATEGIC PRIORITIES
The proposed action aligns with the City Council's Strategic Priority Number 1 as it “supports and invests in sustainable infrastructure projects and programs”.

RECOMMENDATION ACTION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to Big Bear Electric Inc. for the Installation of Backup Generators at Sewer Lift Stations Nos. 1, 9, and 10.

ATTACHMENTS

1. Resolution No. 2025-XX

2. Location Map of Sewer Lift Stations #1, #9 and #10.
27 RESOLUTION NO. 2025-XX

RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BIG BEAR ELECTRIC, INC. FOR THE INSTALLATION OF BACKUP GENERATORS AT SEWER LIFT STATIONS NOS. 1, 9, AND 10
WHEREAS, the City of Big Bear Lake Public Works Department, Sanitation Division is responsible for the maintenance and operation of 12 sewer lift stations located throughout the City to convey wastewater to the Big Bear Area Regional Wastewater Agency (BBARWA); and WHEREAS, these twelve (12) sewer lift stations are considered critical infrastructure needed to service the community of Big Bear Lake; and
WHEREAS, through routine maintenance and inspection efforts, the Sanitation Division identified that the existing backup generators at Sewer Lift Stations No. 1, No. 9, and No. 10 are older than 30 years old and have exceeded their working lifespan; and WHEREAS, on May 8, 2024, the City Council authorized the purchase of the necessary replacement generators which were manufactured and delivered to the City in the Spring of 2025; and
WHEREAS, on April 9, 2025, City Council authorized the solicitation of bids for the Installation of Backup Generators at Sewer Lift Stations Nos. 1, 9, and 10; and WHEREAS, staff developed plans and specifications for the generator installations and solicited bids in accordance with the California Public Contract Code and the City of Big Bear Lake purchasing guidelines; and
WHEREAS, on Wednesday, August 28, 2025, staff received, opened, and publicly read aloud one (1) sealed bid for this project from Big Bear Electric Inc. with a total proposed price of $215,500, which includes the Base Bid and an Additive Bid Alternate; and WHEREAS, Big Bear Electric Inc. has all necessary licenses and prior experience performing similar work within the City’s sanitary sewer system; and WHEREAS, staff is requesting a contingency amount of $21,500 (approximately 10%) to cover the cost of any unforeseen circumstances or additional work that may arise during the completion of this project; and
WEHEREAS, the total contract award including the Base Bid, Additive Alternate No. 1, and the requested contingency will not exceed $237,000; and
WEHERAS, the City’s standard construction specifications and bid documents indicate that all bids submitted to the City are valid for a period of ninety (90) days, however, Big Bear Electric, Inc. has indicated that they are willing to extend the validity of their bid through December 31, 2025, to accommodate the City’s timeline for the award of this construction contract; and Item 1.3
Attachment 1
28 WHEREAS, funding is available within the approved Fisal Year 2025-26 Capital Improvement Program budget, with the funds being derived from the Sanitation Fund.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:

1. A construction contract is awarded to Big Bear Electric, Inc. for the Installation of Backup Generators at Sewer Lift Stations Nos. 1, 9, and 10 in an amount not to exceed $237,000 inclusive of the Base Bid, Additive Alternate No. 1, and contingency funds.

2. The City Manager is authorized to execute the construction contract in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 10th day of December, 2025.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2025-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 10th day of December, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
29 ATTACHMENT 2 - PICTURE SUMMARY
PHOTO 1 – LOCATION OF SEWER LIFT STATIONS # 1, #9, AND #10

SEWER LIFT
STATION #1

SEWER LIFT
STATION #9

SEWER LIFT
STATION #10 Item 1.3
Attachment 2
30 PHOTO 2 – LOCATION OF SEWER LIFT STATION # 1

SEWER LIFT
STATION #1
31 PHOTO 3 – LOCATION OF SEWER LIFT STATION # 9

SEWER LIFT
STATION #9
32 PHOTO 4 – LOCATION OF SEWER LIFT STATION # 10

SEWER LIFT
STATION #10
33 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
SUBJECT: Authorize a Professional Services Agreement for Property Management of the Leisure Bear Mobile Home Park

BACKGROUND & DISCUSSION
Effective August 1, 2022, the City of Big Bear Lake executed a 99-year ground lease with Bear Valley Mutual Water Company for the controlling interest in 19-acres of property located between Big Bear Boulevard and Big Bear Lake. The property includes considerable open space and lake frontage as well as existing restaurant uses and a 59-space mobile home park. Since the City has become responsible for the oversight of the Leisure Bear Mobile Home Park, the management and operation of the mobile home park has been contracted to Birtcher Anderson & Davis Associates (Birtcher). Initially, Birtcher managed the park as a subconsultant of Caritas Corporation; however, in late 2023, Caritas stepped away from the project. On November 8, 2023, the City Council approved a Professional Services Agreement with Birtcher Anderson & Davis Associates, Inc. for the Management of the Leisure Bear Mobile Home Park through December 31, 2024. In December 2024, this agreement was amended to extend the term through December 21, 2025.

Staff is proposing a new agreement with Birtcher for the ongoing management of the Leisure Bear Mobile Home Park Operations. The new agreement would be effective January 1, 2026 through December 31, 2026 and would provide two (2) extension periods of one-year each, to continue through 2027 and 2028. The extensions would be exercised by staff assuming continual satisfactory performance of Birtcher and the continuing need for these services related to Leisure Bear Mobile Home Park. Under these agreements, the team at Birtcher has performed all typical property management functions related to the engagement of residents, collection of rents and financial management of park operations, and provision of maintenance and operations services.

Additionally, they provide an on-site office presence in addition to working with an onsite resident to provide for maintenance services and around the clock response to any issues. Staff is pleased with the performance of the property managers under this agreement and believes that a consistency of park management is prudent for both the City and the residents. Under the proposed agreement, the scope of work and responsibilities of Birtcher would remain unchanged.

Other than the discussed changes to the term of the new agreement, the only proposed change would be to the compensation for services. Currently, Birtcher provides these services for a flat fee of $11,750 per month ($141,000 annually), which is the same rate that has been in place since the agreement was established in November 2023. The proposed agreement would include an adjustment of 5% to the contract rate for each year of the agreement as follows:

Item 1.4
34 Year Monthly Rate Total Annual Rate
2025 $11,750.00 $141,000.00
2026 $12,337.50 $148,050.00
2027 $12,954.38 $155,452.56
2028 $13,602.00 $163,224.00
Birtcher Anderson & Davis Associates, Inc. (Bircher) is a California based property management, development, and real estate investment firm. Birtcher has a number of real estate and property management ventures across industrial, business parks, office and retail properties, as well as mobile home parks. Birtcher currently manages 32 mobile home parks, accounting for more than 4,200 units, across California.

FISCAL IMPACT
This agreement creates no fiscal impact to the City’s operating funds as the costs of this agreement are paid directly from the revenues generated through the operations of the Leisure Bear Mobile Home Park. The park’s rental revenues are sufficient to meet the costs of this agreement as well as all other operational expenses related to the park operations. The maximum compensation for this agreement would be $466,726.56 assuming that both extension periods are exercised.

ENVIRONMENTAL CONSIDERATIONS
Pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Implementation Guidelines, this is not a project and, therefore, no environmental review is required.

CONSIDERATION OF STRATEGIC PRIORITIES
This recommended action aligns with Strategic Priority No. 1 as it “Supports and invests in sustainable infrastructure projects and programs consistent with the needs of our community” and Strategic Priority No. 5 as it “Preserves and protects the quality of life for our residents”.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing a Professional Services Agreement with Birtcher Anderson & Davis Associates, Inc. for the Property Management of the Leisure Bear Mobile Home Park through December 31, 2026 with Options to Extend the Agreement through December 31, 2028.

ATTACHMENT

1. Resolution No. 2025-XX
35 RESOLUTION NO. 2025-XX

RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BIRTCHER ANDERSON & DAVIS ASSOCIATES, INC. FOR THE

PROPERTY MANAGEMENT OF THE LEISURE BEAR MOBILE HOME PARK THROUGH DECEMBER 31, 2026, WITH OPTIONS TO EXTEND THE
AGREEMENT THROUGH DECEMBER 31, 2028
WHEREAS, the City of Big Bear Lake executed a 99-year ground lease with Bear Valley Mutual Water Company for 19-acres of property located between Big Bear Boulevard and Big Bear Lake, effective August 1, 2022; and,
WHEREAS, under the ground lease, the City now maintains operational control over the property and the existing land uses including 59-space Leisure Bear Mobile Home Park; and, WHEREAS, the professional management of the Leisure Bear Mobile Home Park has been contracted to Birtcher Anderson & Davis Associates, Inc. either through a subconsultant agreement with Caritas Corporation or a direct contract with the City since August 2022; and, WHEREAS, in November 2023, the City Council approved a Professional Services Agreement with Birtcher Anderson & Davis Associates, Inc. for the Management of the Leisure Bear Mobile Home Park Through December 31, 2024; and ,
WHEREAS, in December 2024, an amendment to this agreement was authorized by the City Council to extend the term of the agreement through December 31, 2025; and, WHEREAS, the scope of work under this agreement is to provide for all typical property management functions including engagement with the residents, collection of rents and financial management of park operations, and provision of maintenance and operations services; and, WHEREAS, the City and the residents have been generally satisfied with the performance and services of Birtcher Anderson & Davis Associates, Inc. and the City and Birtcher Anderson & Davis Associates, Inc. wish to continue this working relationship; and, WHEREAS, staff is proposing a new agreement with Birtcher Anderson & Davis Associates, Inc., to include the same scope of work and services as the existing, through December 31, 2026 with two (2) options to extend the agreement through 2027 and 2028; and, WHEREAS, staff will exercise these options, with concurrence from Birtcher Anderson & Davis Associates, Inc., assuming continued satisfactory performance of the consultant and the continued need for these services; and,
WHEREAS, the only proposed change to the agreement, other than the term of the agreement, will be an annual increase of 5% to the compensation; and, WHEREAS, Birtcher Anderson & Davis Associates, Inc. has provided these services for an annual rate of $141,000 since the initial contract effective in 2023, and the increase is warranted Item 1.4
Attachment 1
36 based upon the increased costs of performing these services; and, WHEREAS, the compensation, inclusive of the adjustment, will be $148,050 for 2026, $155,453 for 2027, and $163,224 for 2028; and,
WHEREAS, the funding of this agreement does not impact the City’s General Fund as the payment to Birtcher Anderson & Davis Associates, Inc. is made directly from the revenue from the operation of the Leisure Bear Mobile Home Park and there is sufficient revenue within that operation to meet the financial obligations.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:

1. A Professional Services Agreement with Birtcher Anderson & Davis Associates, Inc. for the Property Management of the Leisure Bear Mobile Home Park through December 31, 2026, with options to extend the agreement through December 31, 2028, is hereby approved.

2. Staff is authorized to exercise the options for 2027 and 2028, respectively, based upon continual satisfactory performance of Birtcher Anderson & Davis Associates, Inc. and the continuing need for these services.

3. The City Manager is authorized to execute this agreement in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 10th day of December, 2025.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk
37 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2025-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 10th day of December, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
38 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Nicholas Haecker, Deputy Public Works Director
SUBJECT: Authorize an On-Call Snow Removal Agreement with GRT Concrete, LLC.

BACKGROUND & DISCUSSION
The City of Big Bear Lake implements snow and ice clearing and removal, as conditions require, utilizing City staff and owned or rented equipment and through the use of on-call contractors. On September 10, 2025, the City Council took action in support of the City’s winter operations including approving equipment rental agreements and on-call agreements for snow removal contractors for the 2025-26 winter season. With that action, the City Council approved on-call agreements for snow removal with seven (7) companies that have performed these types of services with the City in the past.

Included in the approvals was an agreement with Nolan Thoren Construction of Big Bear City.

Nolan Thoren Construction has provided plowing services for the City of Big Bear Lake for many years and they maintain the necessary equipment and experience to support the City with these services. After the contract was authorized by the City Council, Nolan Thoren informed staff that he had recently formed a new business entity and asked that the agreement be written in the name of GRT Concrete, LLC., of which he is a principal. As the agreement was authorized by the City Council in the name of Nolan Thoren Construction, Mr. Thoren was advised that it would require action of the City Council to authorize the agreement with GRT Concrete, LLC. in lieu of Nolan Thoren Construction.

Staff is recommending the approval of an on-call agreement, for snow removal, with GRT Concrete, Inc. The proposed agreement with GRT Concrete, LLC. will have uniform terms and conditions of the on-call agreements previously approved by the City Council and include the same services, equipment, and rates. The change is primarily due to a consolidation of licensure and insurance under the new entity. Under these agreements, the contractor submits a fee schedule inclusive of all costs associated with labor, at prevailing wages, and all equipment and materials required to complete the necessary snow and ice clearing and removal. The contractor will be compensated, according to the fee schedule, for all hours that their labor and equipment are in service at the direction of the City. No retainers or stand-by fees are paid under these agreements.

The issuance of an on-call contract does not guarantee any work assignments or expenditures with this vendor but enables the City to utilize them when needed. As for the previously approved agreement with Nolan Thoren Construction, no action is required. Staff will not prepare or route for execution an agreement with Nolan Thoren Construction.

Item 1.5
39 FISCAL IMPACT
Funding for equipment rental and purchase for snow removal is included within the approved Fiscal Year 2025-26 Annual Budget. Considerations are included within the Street Maintenance and Snow Removal section of the budget. Most of these expenses, specifically the cost of rental equipment and contractual services, are eligible for the annual reimbursement from the State of California for snow removal expenses of approximately 50% of the incurred costs.

ENVIRONMENTAL CONSIDERATIONS
Snow plowing activities are not consider a project pursuant to the California Environmental Quality Act (CEQA), therefore no environmental determination is required for these actions.

CONSIDERATION OF STRATEGIC PRIORITIES
This action aligns with Strategic Priority No. 5 to “preserve and protect the quality of life for the residents and the businesses.”

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing an On-Call Snow Removal Agreement with GRT Concrete, LLC.

ATTACHMENT

1. Resolution No. 2025-XXX
40 RESOLUTION NO. 2025-XX

RESOLUTION AUTHORIZING AN ON-CALL SNOW REMOVAL
AGREEMENT WITH GRT CONCRETE, LLC.

WHEREAS, the City of Big Bear Lake implements snow and ice clearing and removal according to three basic components of community safety and welfare: (1) Maintain access to and for emergency services, (2) Provide reasonably safe driving conditions through the winter months, and (3) Maintain access to businesses and services; and, WHEREAS, snow removal is provided through a number of resources including City staff, oncall contractors, and Big Bear Mountain Resorts and the City’s staff efforts are supported by both City owned and rented equipment; and,
WHEREAS, the City utilizes on-call contractors to perform snow and ice removal services within the right of way, including street plowing of six (6) of the City’s eleven (11) snow districts, berm reduction, sidewalk clearing, and snow hauling; and,
WHEREAS, under these on-call agreements, the contractors are compensated for all costs, inclusive of labor at prevailing wage rates and all equipment and materials to complete the necessary services; and,
WHEREAS, on September 10, 2025, the City Council approved on-call contracts with seven (7) contractors including Bear Valley Paving, Big Bear Log Works, Inc., Mile High Equipment, Lloyd Wood Trucking, Inc., Nolan Thoren Construction, Romans Construction, and S. Porter, Inc.; and, WHEREAS, upon issuing the contracts for execution, Nolan Thoren requested that the contract for Nolan Thoren Construction be reissued in the name of GRT Concrete, LLC., a newly formed entity of which Mr. Thoren is a principal; and,
WHEREAS, Nolan Thoren Construction has consolidated many of the companies licensure and insurance elements under the new entity, GRT Concrete, LLC, and has proposed to provide the same services, equipment, and rates as was proposed under the agreement with Nolan Thoren Construction; and,
WHEREAS, staff is recommending that the approved agreement with Nolan Thoren Construction not be executed and a new on-call snow removal agreement be authorized with GRT Concrete, LLC.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:

1. The On-Call Snow Removal Agreement with Nolan Thoren Construction, approved by the City Council on September 10, 2025 is cancelled.

2. An On-Call Snow Removal Agreement with GRT Concrete, LLC is approved.

Item 1.5
Attachment 1
41 3. The City Manager is authorized to execute all necessary documents for these actions in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 10th day of December, 2025.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2025-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 10th day of December, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk
42 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Katya Meyer, Project Manager
SUBJECT: Authorize a Memorandum of Understanding with the San Bernardino County Division of Environmental Health to Support Edible Food Recovery Programs

BACKGROUND & DISCUSSION
Senate Bill (SB) 1383 was signed into law September 2016 by then Governor Jerry Brown. The bill established methane emissions reduction targets to reduce emissions of short-lived climate pollutants with a focus on waste generators, waste haulers, and waste processors. One of the key elements of compliance efforts was the adoption of an updated ordinance establishing the authority to implement and enforce the programmatic requirements of SB 1383, such as establishing an edible food recovery program to reduce the amount of food disposed of in landfills.

The edible food recovery component of SB 1383 requires jurisdictions to establish food recovery programs to recover the maximum amount of edible food that would otherwise go to landfills.

Edible food, per the regulations, is defined as food that is intended for human consumption, and is not solid waste if it is recovered and not discarded. Certain commercial generators of edible food, such as supermarkets, restaurants that are larger than 5,000 sq feet or 250 customer seats, and large venues are required to donate edible food for consumption instead of throwing it away. These commercial generators are required to uphold California Health Standards and track the amount of food donated to food recovery organizations. Jurisdictions are required to track generator compliance with the program, perform inspections of the facilities, obtain data on the amount of food that is donated and educate generators on the requirements.

In June 2023, the City executed an MOU with San Bernardino County Department of Public Health, Environmental Health Services (EHS) for assistance with the SB 1383 requirements pertaining to edible food recovery. The MOU specifies County responsibility for performing all functions related to the SB 1383 requirements for edible food recovery including routine annual and follow up inspections of commercial edible food generators and food recovery organizations, providing education and outreach via phone, email and in-person communications, and conducting enforcement action for generators that are non-compliant, typically in the form of notices of violation, and in very limited cases administrative citations. Additionally they have collected and maintained numeric data on the amount of edible food recovered per generator, and tracked which edible food recovery organization are operating and receiving donations from generators.

The current MOU for edible food recovery services expires on December 31, 2025, and the County Item 1.6
43 Board of Supervisors is anticipated to authorize the execution of new MOUs with interested Cities on December 16, 2025. The new MOU for edible food recovery services that is being proposed has minor typographical and reference corrections, clarifies City responsibilities in identifying commercial edible food generators and notifying the County about new commercial generators, and defines the City’s role as the primary point of contact with CalRecycle regarding compliance with SB 1383. The County will continue to perform all services related to edible food recovery as stated in the attached MOU with the proposed term beginning January 1, 2026 through December 31, 2030. Upon execution of the MOU, the County will have authority to charge fees consistent with permits related to commercial edible food generators and food recovery organizations that have been established by the County. Staff has been very satisfied with the services provided under the existing MOU and recommends the approval of a new MOU for the provision of these services.

FISCAL IMPACT
There is no fiscal impact associated with the execution of the MOU. Permit fees are charged to each commercial edible food generator, food recovery organization, or food recovery service and retained by the County as payment for services consist with the current County Fee Ordinance.

ENVIRONMENTAL CONSIDERATIONS
Under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.

CONSIDERATION OF STRATEGIC PRIORITIES
This recommended action aligns with Strategic Priority No. 1 to “support and invest in sustainable infrastructure projects and programs consistent with the needs of our community”.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing a Memorandum of Understanding with the San Bernardino County Division of Environmental Health to Support Edible Food Recovery Programs as Prescribed by SB 1383.

ATTACHMENTS

1. Resolution No. 2025-XX

2. Draft Memorandum of Understanding

3. Agenda Report Approving the Existing MOU (June 14, 2023 – without attachments) 44 RESOLUTION NO. 2025-XX

RESOLUTION AUTHORIZING A MEMORANDUM OF

UNDERSTANDING WITH THE SAN BERNARDINO COUNTY DIVISION

OF ENVIRONMENTAL HEALTH TO SUPPORT EDIBLE FOOD
RECOVERY PROGRAMS AS PRESCRIBED BY SB 1383
WHEREAS, SB 1383 regulations were signed into law in 2016 by the Legislature and then Governor Brown to establish statewide methane greenhouse gas reduction targets to reduce organic waste disposal; and,
WHEREAS, SB 1383 requires jurisdictions to establish food recovery programs to recover the maximum amount of edible food that would otherwise go to landfills; and, WHEREAS, the edible food recovery program as mandated by SB 1383 should consist of performing inspections, obtaining data on the amount of edible food being recovered, and conducting education and outreach to the commercial edible food generators that are subject to compliance with SB 1383; and,
WHEREAS, in June 2023, the City executed a Memorandum of Understanding (MOU) with the San Bernardino County Department of Public Health, Environmental Health Services (EHS) for assistance with SB 1383 requirements pertaining to edible food recovery and staff has been very satisfied with the services provided and there are no significant changes from the existing MOU; and,
WHEREAS, the City would not be imposed any fees for edible food recovery program implementation, and the County will retain all fees collected from permits related to commercial edible food generators and food recovery organizations; and, WHEREAS, the City would benefit from continued partnership with the County for edible food recovery program implementation; and,
WHEREAS, staff recommends execution of the MOU which will be active for a period of 5 years from January 1, 2026 through December 31, 2030.

NOW, THEREFORE, BE IT RESOLVED by the City Council that:

1. A Memorandum of Understanding with the San Bernardino County Division of Environmental Health to Support Edible Food Recovery Programs as Prescribed by SB 1383, is hereby approved.

2. The City Manager is authorized to execute the necessary documents in a form approved by the City Attorney.

Item 1.6
Attachment 1
45 PASSED, APPROVED AND ADOPTED this 10th day of December, 2025.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2025-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 10th day of December, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
46

Page 1 of 8 ends

MEMORANDUM OF UNDERSTANDING
Between
San Bernardino County Department of Public Health
Environmental Health Services
And
City of Big Bear Lake
For
Environmental Health Services
January 1, 2025
This Memorandum of Understanding (MOU) is made and entered into by and between San Bernardino County Department of Public Health, Environmental Health Services Division (“County”) and the City of Big Bear Lake (“City”).

This MOU addresses the procedures to be followed by the County and the City for the provision of environmental health services in the City’s incorporated areas.

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, County desires to provide environmental health services in the areas designated below; and WHEREAS, City desires the provision of environmental health services in the areas designated below; and WHEREAS, County is qualified to provide the environmental health services designated below; and WHEREAS, City desires that such services be provided by the County, and the County agrees to perform these services as set forth below;
NOW THEREFORE, County and City mutually agree to the following items and conditions:

Item 1.6
Attachment 2
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TABLE OF CONTENTS
I. DEFINITIONS........................................................................................................................ 3 II. COUNTY RESPONSIBILITIES.................................................................................................... 4 III. CITY RESPONSIBILITIES........................................................................................................... 4 IV. MUTUAL RESPONSIBILITIES.................................................................................................... 4 V. FISCAL PROVISIONS................................................................................................................. 5 VI. TERM .......................................................................................................................................... 5 VII. EARLY TERMINATION............................................................................................................... 6 VIII. GENERAL PROVISIONS............................................................................................................ 6 IX. CONCLUSION.............................................................................................................................. 6

ATTACHMENT
ATTACHMENT A – Schedule of Services
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I. DEFINITIONS
A. COMMERCIAL EDIBLE FOOD GENERATOR: Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 33.1503 of San Bernardino County Code of Ordinances (“Code”) or asotherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

B. EDIBLE FOOD: Food intended for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator. For the purposes of the Code or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not solid waste if it is recovered and not discarded. Nothing in the Code, or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food Code.

C. EDIBLE FOOD RECOVERY: Actions to collect, receive, and/or redistribute Edible Food for human consumption from Commercial Edible Food Generators that otherwise would be disposed.

D. ENFORCEMENT ACTION: An action of the County or its Enforcement Officers to address noncompliance with the Code including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

E. FOOD DISTRIBUTOR: A company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

F. FOOD FACILITY: Has the same meaning as in Section 113789 of the Health and Safety Code.

G. FOOD RECOVERY: Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

H. FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code; (a) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code, and
(b) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

2. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of the Code and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

I. FOOD RECOVERY SERVICE: A person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of the Code and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

J. INSPECTION: For the purposes of Edible Food Recovery, actions to review contracts and other records related to the recovery of Edible Food that may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, 49

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handling, and other procedures for the recovery of Edible Food to determine if the entity is complying with the requirements of the Code.

II. COUNTY RESPONSIBILITIES
A. The County will provide to the City those specific services selected from this list and as set forth in San Bernardino County Code of Ordinances Title 3, Division3, Chapter 15, as provided in the Schedule of Services (Attachment A).

1. Identify, confirm, and notify entities that meet the definitions of Commercial Edible Food Generators, Food Recovery Organizations, or Food Recovery Services, as agreed by the City

2. Conduct inspections of Commercial Edible Food Generators to monitor compliance with SB 1383 requirements and gather data for the City’s reporting purposes during inspections.

3. Conduct inspections of Food Recovery Organizations and Food Recovery Services to monitor compliance with SB 1383 requirements and gather data to determine the capacity to accept edible food donations during inspections.

4. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services, and Commercial Edible Food Generatorswithin its the City upon request.

5. Conduct education and outreach to the City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth in the SB 1383 regulations.

6. Conduct enforcement action to address non-compliance including, but not limited to, issuing administrative citations, notice of violation, fines, penalties, or using other remedies.

B. During the term of this MOU, the County Enforcement Officers and their deputies shall exercise the same powers and duties, including methods of enforcement, within the jurisdiction of the City as are conferred upon such officers by law as County officers. The County officers and their deputies shall enforce all provisions of the County Code relating to those services provided.

C. For purposes of this MOU, the jurisdiction of the City encompasses only the incorporated areas of the City.

III. CITY RESPONSIBILITIES
A. The City will compensate the County as provided in Fiscal Provisions (Section V).

B. If the City does not agree with the County’s identification of an entity as a Commercial Edible Food Generator, Food Recovery Organization, or Food Recovery Service, the City will notify the County in writing
C. Upon discovery, the City will notify the County of any Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services not previously identified by the County including, but not limited to, large events, large venues, state agencies, and non-local entities.

D. The City will increase edible food capacity if inspection data provided by the County indicates insufficient capacity available to commercial edible food generators within the City. 50

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E. Regarding matters related to compliance with SB 1383 regulations, the City will act as primary point-of-contact with California Department of Resources Recycling and Recovery (CalRecycle).

IV. MUTUAL RESPONSIBILITIES
A. In the performance of this MOU, County, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of this City.

B. Indemnification

1. The City agrees to indemnify, defend, and hold harmless the County and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its negligent acts or omissions in performing its obligations under this MOU.

2. The County agrees to indemnify, defend, and hold harmless the City, its officers, agents, and volunteers from any and all claims, actions or losses, damages and/or liability resulting from the County’s negligent acts or omissions in performing its obligations under this MOU.

3. In the event the County and City are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this MOU, the County and City shall each indemnify the other to the extent of its comparative fault or negligence.

C. Insurance

1. County and City are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Worker’s Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms and conditions of this MOU.

2. The City shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the City or the City’s employees or agents from waiving the right of subrogation prior to a loss or claim. The City hereby waives all rights of subrogation against the County.

3. Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to, and approved by, each party’s Risk Management.
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V. FISCAL PROVISIONS
A. City and County agree that all fees and revenue, including citation penalties and late fees, collected by the County for services performed hereunder, including the issuance of permits, the conducting of inspections and so forth, shall be retained by the County as payment for the services provided to City under the terms of this MOU. Fees shall be charged in accordance with the County Fee Ordinance, which may be amended from time to time. The current County Fee Ordinance shall be provided to City.

B. Any additional services requested by City to be performed by County shall be performed at an additional cost and in a manner mutually agreed upon by the City and County prior to the rendering of services. City shall reimburse County for additional services at the hourly rate prescribed in the County Fee Ordinance for such category of services.

VI. TERM
This MOU shall be effective upon execution by all parties and terminate on December 31, 2030.

VII. EARLY TERMINATION
This MOU may be terminated without cause by either party by serving a written notice to the other party thirty (30) days in advance of termination. The Director of Public Health is authorized to exercise the County’s rights with respect to any termination of this MOU.

VIII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below.

City:

County:

City of Big Bear Lake
39707 Big Bear Blvd.

PO BOX 10000
Big Bear Lake, CA 92315
San Bernardino County
Environmental Health Services
385 N. Arrowhead Avenue 2nd floor
San Bernardino, CA 92415-0160
B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or MOU not incorporated herein shall be binding on any of the parties hereto. 52

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IX. CONCLUSION
A. This MOU, consisting of seven (7) pages and Attachment A, is the full and complete document describing services to be rendered by County to City, including all covenants, conditions, and benefits.

B. The signatures of the parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

C. This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU.

The parties shall be entitled to sign and transmit an electronic signature of this MOU (whetherby facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed contract upon request.

FOR COUNTY USE ONLY
Approved as to Legal Form
Adam Ebright, Deputy County Counsel
Date Date Date

SAN BERNARDINO COUNTY
(Print or type name of corporation, company, contractor, etc.) By
Department of Public Health Director (Authorized signature - sign in blue ink) Dated: Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:

Address
53

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Attachment A: Schedule of Services
The County agrees to perform these services as set forth below

1. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383, now the Code.

2. Conduct inspections of Commercial Edible Food Generators to monitor compliance with the Code and SB 1383 requirements and to gather data for the City’s reporting purposes during inspections. a. Verify Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services arrange and maintain contracts or written agreements outlining terms for edible food donation and acceptance.
b. Verify Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services keep required records including a list of food recovery partners, the name and contact information of food recovery partners, types of foods that will be collected or self-hauled, the quantity of food per month, in pounds, that will be collected or self-hauled, and the established frequency.
c. Verify Commercial Edible Food Generators have established an employee edible food recovery training program and maintain records of employee training. d. Verify that Edible Food capable of being recovered by a Food Recovery Organization or Food Recovery Service is not intentionally spoiled.

3. Obtain data from Food Recovery Organizations and Food Recovery Services during inspections to determine the capacity to accept edible food donations, including:
a. Names, telephone numbers, and types of Food Recovery Organizations and Food Recovery Services within the City.
b. Quantity, in pounds, of Edible Foods recovered from Commercial Edible Food Generators.

4. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within the City.

5. Conduct enforcement action to address non-compliance including, but not limited to, issuing Administrative Citations, Notices of Violation, fines, penalties, or other remedies available to the County. 54 MEETING
DATE: June 14, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Director of Public Services
Katya Meyer, Project Manager
SUBJECT: Resolution Authorizing the Execution of a Memorandum of Understanding with the San Bernardino County Division of Environmental Health to Support Edible Food Recovery Programs as Prescribed by SB 1383

BACKGROUND
In September 2016, then Governor Brown signed into law Senate Bill (SB) 1383, which established methane emissions reduction targets to reduce emissions of short-lived climate pollutants from various contributors across the state. A primary focus of SB 1383 is the management of organic material relative to solid waste management and the legislation allows CalRecycle to implement regulations on jurisdictions to achieve methane gas reduction targets.

These regulations are applicable to all California jurisdictions, waste generators, waste haulers, and waste processors and are aimed at reducing statewide methane emissions by 75% by 2025.

One of the key elements of the City’s compliance efforts was the adoption of an updated ordinance establishing the authority to implement and enforce the programmatic requirements of SB 1383, such as establishing an edible food recovery program to reduce the amount of food disposed of in landfills. On August 15, 2022, the Big Bear Lake Municipal Code Relating to Solid Waste Management, Collection of Solid Waste and Recyclable Materials was amended to include the required edible food recovery program and enforcement efforts.

The edible food recovery component of SB 1383 requires jurisdictions to establish food recovery programs to recover the maximum amount of edible food that would otherwise go to landfills.

Edible food, per the regulations, is defined as food that is intended for human consumption, and is not solid waste if it is recovered and not discarded. Certain commercial generators of edible food, such as supermarkets, restaurants that are larger than 5,000 sq feet or 250 customer seats, and large venues are required to donate edible food instead of throwing it away. These commercial generators are required to uphold California Health Standards and track the amount of food donated to food recovery organizations. Jurisdictions are required to track generator compliance with the program, perform inspections of the facilities, obtain data on the amount of food that is donated and education generators on the requirements.

The San Bernardino County Board of Supervisors has approved a Memorandum of Understanding (MOU) template put forth by Environmental Health Services to assist interested incorporated cities with the implementation of the SB 1383 requirements pertaining to edible food recovery.

Item 1.6
Attachment 3
55 DISCUSSION
The San Bernardino County Department of Public Health (DPH), Environmental Health Services (EHS) has offered to assist incorporated cities with the implementation of edible food recovery programs since they regulate all food facilities for food safety compliance. The MOU will help City staff implement and enforce the programmatic elements associated with compliance with SB 1383 and the City’s adopted Ordinance related to Solid Waste. Under the proposed MOU, County staff will conduct inspections of commercial edible food generators, gather and maintain records of amount of edible food recovered, conduct education and outreach, and lead enforcement for non-compliance.

The proposed MOU delegates the primary responsibility for the City’s edible food recovery program to the County, with the City agreeing to cooperate with its implantation and to the allow the County to keep the fees they collect as part of their efforts. The County will generate fees for the necessary inspections and the issuance of food safety permits. As the County will be entitled to keep this generated revenue, this MOU will not impose any additional fees to the City as all fees will be borne by the business entities subject to these regulations.

The City Attorney has reviewed the MOU template and has proposed minor revisions related to code references, insurance deductibles and self-insurance, which are currently under review by County staff. The services as defined in the attached MOU template will not be altered, and Council action on this item will allow the City Manager to sign the MOU in a form approved by the City Attorney.

FISCAL IMPACT
There is no fiscal impact associated with the execution of the proposed MOU.

ENVIRONMENTAL CONSIDERATIONS
Under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.

RECOMMENDATION
It is recommended that the City Council adopt a resolution entitled Resolution Authorizing the Execution of a Memorandum of Understanding with the San Bernardino County Division of Environmental Health to Support Edible Food Recovery Programs as Prescribed by SB 1383.

ATTACHMENTS

1. Resolution No. 2023-XX

2. Draft Memorandum of Understanding
56 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Nicholas Haecker, Deputy Public Works Director
SUBJECT: Authorize a Purchase Order for a Replacement Standby Generator for Lift Station No. 8

BACKGROUND & DISCUSSION
The City’s Sanitation Division is responsible for the maintenance of the sanitary sewer system which includes approximately 200 miles of sewer main, more than 3,000 manholes, and 12 sewer lift stations. The sewer lift stations, also known as pumping stations, move wastewater throughout the City’s sanitary sewer system and ultimately deposit it in larger trunk lines managed by the Big Bear Area Regional Wastewater Agency (BBARWA). The lift stations are critical resources to keep the wastewater moving through the system and preventing overflows. Given their importance, the sites are equipped with redundant electricity either through built in emergency generators or electrical connections to receive power from portable generators.

Lift Station No. 8 is located near the lake on Blue Jay Road, north of Waterview Drive. This lift station serves a significant portion of the effluent flow within Boulder Bay. This lift station is one that does not have a permanent generator but, rather, has the necessary connections to be served by a portable generator. This situation is due, primarily, to the tight location in which this station is placed and the small pump house that the pumps are within. The placement of a permanent generator would require a reconfiguration of the area and the reconstruction of the pump house.

Given the recent frequency of power interruptions within the Big Bear Valley, City staff has an existing, portable generator deployed at this location. Unlike the permanent generators, the portable generator does not have the ability to utilize an Automatic Transfer Switch (ATS).

An ATS allows a generator to start within seconds of a power interruption which is a key feature of many of the City’s generators. Furthermore, the ATS will recognize when power has been restored and shutdown the generator. Given the circumstances at Lift Station 8 preventing the use of an ATS, this generator is frequently started in advance of anticipated power outages to ensure the continued functionality of the station. This practice will, on occasion, require the generator to run more than necessary because it has to be turned on and off by personnel at the site. Over the past couple of years, staff has been contacted by residents in the area related to the concerns of this generator, namely, that it runs unnecessarily as well as the emissions, given the age of the equipment.

In light of the concerns of nearby residents as well as a desire to improve operations, staff has analyzed opportunities to provide a better backup power situation for this lift station that works Item 1.7
57 with the existing constraints of the location. Staff has identified a solution through an enclosed, self-contained diesel generator that can be used with an ATS. The generator is mounted on a skid and has a housing built around it, meaning that it can be set at the site without constructing an additional enclosure. The generator would then be wired to an ATS and function as though it were a permanent generator like the ones in use at other stations. In the future, should the City proceed with larger improvements and reconfigurations of this site, the proposed generator could either be used in this reconfiguration or be replaced at that site and be used elsewhere within the City. This generator will be manufactured with a Diesel Particulate Filter, will conform to current emissions and noise standards, in addition to being run only when necessary, to address the concerns of the neighbors surrounding this site.

The City’s inventory of generators for the Sanitation System are made by Kohler Power Systems, now known as Rehlko. In an effort to maintain consistency within the system, the identified solution is a unit that is produced by Rehlko. Staff contacted Bay City Electric Works as they have the Sourcewell Contract (Contract No. #092222-KOH) for this line of product. Sourcewell is a purchasing collective, of which the City is a member, that provides competitively bid contracts for the use of governmental agencies, often at considerable discounts below list price. Bay City Electric Works has provided a total price of $81,110, inclusive of the generator with the diesel particulate filter, automatic transfer switch, freight, start up and sales tax. The Sourcewell discounts range from 5% - 39% depending on the line item to which they are applied and the total discounts total more than $24,400.

The anticipated lead time on this equipment is approximately six (6) months. Upon City Council approval of this purchase, staff will execute the Purchase Order to get this project in motion. Staff will coordinate the minimal site work required to place this generator and be prepared for installation in the 2026 construction season.

FISCAL IMPACT
Funding for this purchase is available in the adopted Fiscal Year 2025-26 Annual Operating Budget and Capital Improvement Program.

ENVIRONMENTAL CONSIDERATIONS
This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.b Existing Facilities as repair and maintenance of an existing publicly owned utility system with no expansion of use.

CONSIDERATION OF STRATEGIC PRIORITIES
This action aligns with Strategic Priority No. 1 as it “supports and invests in sustainable infrastructure projects and programs” and Strategic Priority No. 5 to “preserve and protect the quality of life for the residents and the businesses.”

RECOMMENDED ACTION
It is recommended that the City Council authorize a purchase order with Bay City Electric Works for a Replacement Standby Generator at Lift Station No. 8 and find the project categorically exempt from the California Environmental Quality Act (CEQA).

ATTACHMENTS

1. CEQA Notice of Exemption

2. Proposal of Bay City Electric Works

3. Photos of Site Conditions
58 NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Engineering Division County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900 Project Title:

Placement of Portable Standby Generator at Lift Station No. 8 Project Location - Specific:

Sanitary Sewer Lift Station No. 8 near Bluejay Road and Waterview Drive Description of Project:

This project involves the placement of a portable standby generator at this location to provide backup power in the event of an outage to allow the sanitary sewer system to continue to operate.

Name of Public Agency Approving Project:

City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project:

City of Big Bear Lake, Engineering Division
Exempt Status: (check one) (State type and section number) XX Categorically Exempt. Section: 15301(b)
Reasons why project is exempt:

These repairs are categorically exempt from the California Environmental Quality Act (CEQA) under section 15301.b as repair and maintenance of a publicly owned utility system.

Lead Agency or Contact Person: Area Code/Telephone/Extension Sean Sullivan, Assistant City Manager (909) 866-5831
Date: December 10, 2025
Signature:
______________________________
Sean Sullivan,
Assistant City Manager
Item 1.7
Attachment 1
59 9/9/2025 Job #: B01316
Power Systems Quotation
Job Name: Big Bear Lake - Lift Station
Solution #8
Job #: B04013
Date: 9/9/2025
Sales Executive: Kris Lintz
Mobile: (619) 496-7806
Email: [email protected]
Inside Sales: Cerra Hunting
Mobile: (209) 843-3037
Email: [email protected]
Item 1.7
Attachment 2
60 Bay City Electric Works in conjunction with the Sourcewell/NJPA contract #09222-KOH is pleased to offer the following Rehlko generator system for your use on the referenced project.

This proposal is in accordance with your verbal/e-mail request. No written details, plans, or specifications were provided. The following clarifications, technical exceptions and/or exclusions are noted:
 Removal of existing equipment, off-loading and installation is excluded.  Permits, fees, and engineering services are provided by others.  Emissions Permit is not included, to be provided by others. Contact ProActive Consulting Group at 714-893-7900 for Permit application processing information and pricing.  Fuel, initial fuel fill and fuel for testing is excluded.

Major system components include:

One (1) UL2200 Listed Rehlko model 80REOZJF diesel powered generator set, rated for standby duty at 81 KW, 0.8 PF, 101 KVA, 277/480 volt, 3 phase, 4 wire, 60 Hertz, 1800 RPM, outdoor in weatherproof sound attenuated enclosure with 215-gallon subbase diesel fuel tank rated for 24 hours at full load.

One (1) KCS-AMTC-0104S Automatic Transfer Switch, open transition, rated at 104 A, 480 V, 3 phase, 4 wire, 3 pole, solid neutral in NEMA 3R cabinet for outdoor mounting. 80REOZJF Unit List Price - $54,412.00 – per unit
Sourcewell/NJPA Member Discount 39.6% - $21,571.42 – per unit Sourcewell/NJPA Member Price, FOB Kohler, WI - $32,840.58 – per unit (Tax Not Included)
KCS-AMTC-0104S Unit List Price - $4,845.00 – per unit
Sourcewell/NJPA Member Discount 30% - $1,543.50 – per unit Sourcewell/NJPA Member Price, FOB Kohler, WI - $3,391.00 – per unit (Tax Not Included)
Freight - $5,875.00 – per system
Distributor Less 5% (Sourcewell/NJPA Member Price) = $5,581.00 – per system On-Site Start-up - $7,500.00
Distributor Less 5% (Sourcewell/NJPA Member Price) = $7,125.00 – per system Adder/Optional
CARB+ Passive DPF, shipped loose installed by others = $ 26,940.00 Distributor Less 5% (Sourcewell/NJPA Member Price) = $25,593.00 – per system Current Tariff Fee (Pass-Through) amount is...................+$ 746.00 (Tax Not Included) *We reserve the right to adjust the Tariff Fee (Pass-Through) amount as the global economic situation changes affecting certain materials/components and are passed through to BCEW from its manufacturer(s) and will be invoiced as incurred. Again, these will be handled as a direct ‘Pass-Through’ fee.
61 Jobsite inspection, initial startup, and initiation of warranty, by a Bay City Electric Works field technician during normal working hours Monday through Friday 7:00 a.m. to 4:00 p.m. Testing will utilize building load unless otherwise specified. Fuel for testing is excluded. Any jobsite orientation and training of operating personnel to be done at the time of startup.

Rehlko limited generator warranty, effective from date of startup, for:
1 year or 2000 hours (whichever occurs first) as published in Rehlko Brochure.

Limited Rehlko ATS warranty, effective from date of startup, for:
1 year.

System Price: FOB Factory with freight allowed to your jobsite (or office) if accessible by a semi. All deliveries are drop-shipped. We cannot be responsible for limited access at site. We are bidding to the limited information on the contract documents. Additional charges may be required at time of delivery for surveying or re-consigning. Offloading and placement of equipment is excluded. All deliveries are Monday through Friday 7:00 a.m. to 4:00 p.m. Deliveries outside the normal business hours will be invoiced as necessary.

Quotation Notes:

1. Applicable taxes are not included.

2. 3% fee will be added to any payments made by credit card.

3. The kW output listed on this quote letter is at rated conditions unless stated otherwise. Actual output may vary by site conditions including temperature and elevation. Please check with your Salesperson for any potential deration due to site conditions or specifications.

4. Air quality permit fees and compliance are excluded. Local air quality authorities may require a health risk study or environmental quality assessment. The cost for a health risk study is excluded.

5. Any additional equipment required because of the local Air Quality permit application will be quoted separately. Air quality requirements are ever-changing and vary based on various factors including jobsite location and proximity to adjacent structures. BCEW is quoting the latest Tier compliant generators to meet State and Federal regulations unless otherwise noted. It is the customer or end user’s responsibility to obtain all permits related to the installation and operation of the equipment quoted herein. All permits must be obtained prior to installation of the equipment.

Many air jurisdictions are discussing changing the rules regarding emissions, tier levels, aftertreatment, etc. We are quoting based on the specifications and our current understanding of the application of the air jurisdiction’s rules at the time of quote.

6. Generators installed on or after January 1st, 2013, in SCAQMD’s jurisdiction will require the installation of a Particulate Matter Filter if they are within 50 meters of a sensitive receptor and over 175bhp (approximately 125kW). If the generator is within 50 meters of a sensitive receptor and there is not a price for a PM Filter on this quote, please contact your salesperson immediately.

A sensitive receptor is defined as, “any residence including private homes, condominiums, apartments, and living quarters, schools as defined in (5), preschools, daycare centers, and health facilities such as hospitals or retirement and nursing homes. A sensitive receptor includes long term care hospitals, hospices, prisons, and dormitories or similar live-in housing.”

7. “Engines located on or near school grounds: New Stationary emergency standby diesel-fueled engines (>50 bhp) located on school grounds or 100m or less from a school which exists at the date the application for Permit to Construct or Permit to Operate is deemed complete, whichever 62 is earlier shall emit diesel PM at a rate less than or equal to 0.01 g/bhp-hr.” which means that a PM Filter will be necessary. If the generator is within 100 meters of a Kindergarden-12th grade school and there is not a price for a PM Filter on this quote, please contact your salesperson immediately.

8. Some local Authority Having Jurisdiction (AHJ’s) will require field inspections, additional testing, interconnection with a Fire Alarm system or Building Management System (BMS), or functional verification for particular components/alarms/monitoring. We are bidding to the plans and specifications provided and cannot cover all potential testing that may be requested by AHJ’s. We are bidding to a design spec for a project awarded based on pricing. It is the responsibility of the Consulting/Specifying Engineer to provide the required information to bid the project properly.

Testing/inspection often requires attendance by a BCEW technician but in certain instances it may. Please contact us with the specific requirements in writing that apply to your project (from your approved fire permit, County HazMat permit or your inspection corrections) once you have them and our Service Department can quote it accordingly. Tank pressure tests are required in very few areas. These are not included and will be quoted on an as required basis unless they are listed in the specification and specifically listed on our quote.

9. Some Fire Marshalls have requested/required the fuel tank Emergency vents to be extended to 12’ above grade (along with the normal atmospheric vent). Nothing has been provided to us to show that any code anywhere specifies the extension of the emergency vents. Kohler does not offer emergency vent extensions and neither does BCEW. If they are required, the vent extension and any related support/bracing shall be by others unless specifically called out in our quote above.

10. All supplied fuel tanks will be certified UL142 unless specifically noted UL2085. UL142 tanks are NOT fire-rated or ballistic-rated.

11. All power system studies, including short circuit analysis, protective device coordination and arc flash analysis and mitigation, are the responsibility of others and are not included in this proposal.

12. Protective device calibration, testing (NETA) and setting of protective relays and circuit breaker trip units are the responsibility of others and not included in this proposal.

13. Fuel, initial fuel fill and fuel for testing is excluded.

14. Special lugs are not included unless specifically identified in this proposal. You will receive the standard lugs for the provided breakers.

15. Prices quoted are not applicable for work subject to any state or federal prevailing wage requirements. We are an equipment supplier, not a subcontractor. Please contact your sales executive if prevailing wage still applies.

16. Quotation is valid for 30 Days. This quote may be modified and/or rescinded by BCEW at its sole discretion unless the quote is accepted before the expiration date.

17. We reserve the right to adjust the Tariff Fee (Pass-Through) amount as the global economic situation changes affecting certain materials/components. These are passed through to BCEW from its manufacturer(s) and will be invoiced as incurred. Again, these will be handled as a direct ‘Pass-Through’ fee.

Terms and Conditions:

1. Terms of payment are net 30 days from factory shipment, upon approval of credit department.

2. Materials will be invoiced on the date of shipment from the factory.

3. Acceptance of purchase order is based on materials quoted.

4. 1.5% per month will be assessed on unpaid balances if not paid within terms. 63 5. Terms for retention and liquidated damages will not be accepted.

6. The following charges will be assessed for cancellation of any order:
a. 10% of total order price if cancelled after we have provided submittals but prior to release for manufacture.
b. 25% of total order price if cancelled after release for manufacture, or if the equipment is already on order with the factory (Rehlko paralleling switchgear is on order as soon as submittals are requested).
c. 50% of total order price if cancelled less than 90 days of scheduled shipment date from Rehlko.
d. 100% of total order price if cancelled within 60 days of scheduled shipment from Rehlko.

Lead Times:

1. Submittals for this project will likely take 10-15 business days from receipt of a written Hold for Submittal Approval (HFSA) Purchase Order. Custom drawings require 15-20 business days minimum. Paralleling Switchgear Submittals require a minimum of 35-45 business days.

2. Current factory lead time for the generator is 23-25 weeks from written release for production. Lead times are estimated at time of quote and may vary at time of order.

3. Current factory lead time for the Automatic Transfer Switch is 14-16 weeks from written release for production.
64 We appreciate this opportunity to offer our equipment for your consideration. Please call if you have any questions or if I can help in any way. Bay City Electric Works wants to be your Generator System Supplier.

The authorized purchaser identified below accepts this proposal and agrees, upon acceptance of this contract by Bay City Electric Works, to purchase and pay for the equipment, accessories, and service in accordance with the terms and conditions set forth above.

Company name: ____________________________________________________ Purchaser name and title (please print): __________________________________ Purchaser signature: _________________________________________________ Date: _______________ Purchase Order #: ______________________________ Delivery Date Requested by Purchaser: __________________________________ If a delivery date is not provided, BCEW will postpone the release of product orders with its respective vendors until the date is provided in writing. It is the sole responsibility of the Purchaser to provide a delivery date within the current factory lead times.

PLEASE INCLUDE PRELIM INFORMATION WHEN ISSUING A PURCHASE ORDER.

KOHLER GENERATOR SALES - SERVICE - PARTS - RENTALS
To learn more, visit our website at www.BCEW.com
65 ATTACHMENT 1 - PICTURE SUMMARY
PHOTO 1 – SEWER LIFT STATION 8 - PLAN VIEW
Item 1.7Attachment 3
66 PHOTO 2 – SEWER LIFT STATION 8 – LOOKING NORH
67 PHOTO 3 – SEWER LIFT STATION 8 – GROUND LEVEL LOOKING NORTH 68 PHOTO 4 – SEWER LIFT STATION 8 – GROUND LEVEL LOOKING EAST 69 PHOTO 5 – TENTATIVE LOCATION OF NEW GENERATOR

TENTATIVE LOCATION

NEW GENERTOR

SEWER LIFT
STATION #8
70 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Miguel Cabanas, P.E., P.L.S., Engineering Manager
Israel Gomez Rosales, Associate Engineer
SUBJECT: Authorize a Notice of Completion for the Fiscal Year 2025-26 Annual Street Rehabilitation Project– Moonridge Road and Rathbun Drive

BACKGROUND & DISCUSSION
Work has been completed on the Fiscal Year 2025-26 Annual Street Rehabilitation Project– Moonridge Road and Rathbun Drive. The time is appropriate for the City Council to accept the work as complete and direct the filing of Notice of Completion.

Fiscal Year 2025-26 Annual Street Rehabilitation Project – Moonridge Road and Rathbun Drive
Contractor: Granite Construction Co.

Date of Completion: October 31, 2025
Approved Contact Amount: $4,948,000.00 (Includes $650,000 contingency) Total Construction Expenditures: $4,605,929.15
Amount Under Project Budget: $ 342,070.85
Upon approval by the City Council, staff will proceed to record the Notice of Completion with the San Bernardino County Recorder’s Office. No sooner than thirty-five (35) days from the recording, staff will release all project retention funds assuming that no claims are made against the contractor related to these projects. Retention funds are 5% of the total project billing.

FISCAL IMPACT
The Fiscal Year 2025-26 Annual Street Rehabilitation Project– Moonridge Road and Rathbun Drive was awarded as a part of the Fiscal Year 2025-26 Capital Improvement Program Budget.

The project was funded through a number of sources including the City’s General Fund, Sanitation Fund, and Measure Y proceeds as well as restricted roadway funding through Measure I Local Funds and the Road Maintenance and Rehabilitation Account.

ENVIRONMENTAL CONSIDERATIONS
At the time of authorizing the bid solicitation, the City Council found these projects to all be categorically exempt from the California Environmental Quality Act (CEQA).

Item 1.8
71 CONSIDERATION OF STRATEGIC PRIORITIES
This recommended action aligns with Strategic Priority No. 1 to “support and invest in sustainable infrastructure projects and programs consistent with the needs of our community”.

RECOMMENDED ACTION
It is recommended that the City Council accept the work of Granite Construction Co. as complete, and authorize staff to file a Notice of Completion for the Fiscal Year 2025-26 Annual Street Rehabilitation Project– Moonridge Road and Rathbun Drive.

ATTACHMENTS

1. Agenda Report for Award of Contract for the Fiscal Year 2025-26 Annual Street Rehabilitation Project– Moonridge Road and Rathbun Drive (June 11, 2025 - without attachments)

2. Notice of Completion
72 MEETING
DATE: June 11, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Miguel Cabanas, PE, PLS, Engineering Manager
Israel Gomez Rosales, Associate Engineer
SUBJECT: Award a Construction Contract for the Fiscal Year 2025-26 Annual Street Rehabilitation Project – Moonridge Road and Rathbun Drive

BACKGROUND & DISCUSSION
The City of Big Bear Lake is responsible for the maintenance and operation of approximately 88 centerline miles of streets and roadway throughout the community. The annual Capital Improvement Program (CIP) budget includes funding for street maintenance and repair activities, including street rehabilitation, crack sealing, and street striping. Within the proposed Fiscal Year 2025-26 CIP, the City Council is considering two key projects the Moonridge Road Rehabilitation Project and the Rathbun Drive Rehabilitation Project. These identified street segments are in need of critical repair and improvement. Given their relative proximity and similar scope of work, as well as to achieve economies of scale, staff combined these two efforts into the Fiscal Year 2025- 26 Annual Street Rehabilitation Project – Moonridge Road and Rathbun Drive.

This project will reconstruct and improve the section of Moonridge Road from Big Bear Boulevard to Elm Street and include Moonridge Way from Big Bear Boulevard to Moonridge Road.

Moonridge Road is a primary arterial as it provides two lanes of traffic in each direction to serve the Moonridge residential area, the Moonridge Corridor commercial area, as well as key recreational facilities. In 2022, staff coordinated the preparation of a Pavement Condition Index (PCI) survey to assess and score the condition of the City’s pavement network. At the time of assessment, the survey found that these portions of roadway were graded as Poor and Very Poor.

In the years since the survey, the roadways have continued to experience normal deterioration.

Additionally, there has been extensive underground utility work on Moonridge Road over the past several years that have contributed to the failing condition of the roadway.

The specified scope of work for Moonridge Road and Moonridge Way includes complete reconstruction of concrete and asphalt infrastructure. The project proposes to remove and replace all concrete curb, gutter, sidewalk and driveway approaches along this section of roadway. In addition, sidewalk will be constructed on both sides of the roadway to complete the sidewalk network on this section of Moonridge Road. As for the roadway, the pavement and subgrade will be completely reconstructed. The existing roadway will be pulverized to form pulverized miscellaneous base that will be graded and compacted. Excess material will be removed to establish the appropriate road grades and the base material will be fortified utilizing cemented Item 1.8
Attachment 1
73 treated base. The additional effort of the cement treated base is being utilized to combat the presence of existing groundwater and provide an appropriate base on which to construct the roadway. A 5” pavement section will be constructed to complete the new roadway. The scope also includes some surface drainage improvements and new street striping.

Rathbun Drive is a local roadway that is located to the north / east of the Moonridge Corridor between Elm Street and Moonridge Road. The existing pavement section falls below street standards for width and is in significant disrepair. The 2022 PCI survey found the sections of Rathbun Drive to be Poor and Fair, depending on the section. The proposed project includes the complete removal of the existing roadway section and the reconstruction of a new street section.

The existing right-of-way on Rathbun Drive is 40’, however, the existing roadway averages less than 20’ in width. The project will not only maximize the existing right-of-way but will also obtain an easement of 8’ from Big Bear Mountain Resort to utilize a portion of the existing, unimproved Rathbun Parking Lot. Utilizing this available space, the project will construct a roadway section of approximately 32’ in width.

With this space, the roadway will transition to a one-way street traveling in the direction from Moonridge Road / Clubview Drive to Elm Street with a 14’ wide travel lane. The remaining street space will create approximately 100 on-street, public parking spaces to serve the Moonridge Corridor. Additionally, the project will construct concrete sidewalk, five feet wide, on the southside of the roadway, adjacent to the existing businesses and residences, to improve pedestrian safety and access from the newly constructed parking spaces.

Staff and Big Bear Mountain Resort are in agreement in principle as to the granting of the necessary easement and the legal teams from both entities are working to coordinate the final specifics of the agreement. It is anticipated that the final form of this agreement will be presented for City Council consideration in July 2025.

Staff, with support from some of the City’s on-call consulting services providers, completed the plans and specifications for this project. The engineer’s estimate of probable construction costs for this project was approximately $4,900,000. On April 9, 2025, the City Council authorized staff to proceed with a competitive bid process for these improvements.

Staff executed this bid process in accordance with the California Public Contract Code and the City of Big Bear Lake Purchasing Guidelines. This effort included the circulation of a Notice Inviting Bids through the Grizzly Newspaper, the City website, and PlanetBids, which is a widely used, online bid solicitation service. A nonmandatory pre-bid conference was held on Thursday, May 15 which provided the opportunity for staff to answer any questions from potential bidders.

On Thursday, May 29, 2025, staff received, opened, and publicly read aloud four (4) sealed bids for this project with the following results:

Bidder Location Total Base Bid Price
Granite Construction Co. Indio, CA $ 4,298,000.00
All American Asphalt Corona, CA $ 4,881,405.10
Bear Valley Paving Big Bear Lake, CA $ 4,935,729.05
S. Porter, Inc. Big Bear Lake, CA $ 6,065,392.65
Staff has reviewed the bids received for completeness and accuracy and the contractors’ backgrounds for qualifications and experience. Granite Construction Company (Granite) is a nationwide general engineering construction company based in Watsonville, CA that has been in 74 business for more than 100 years. This project will be coordinated through their local office in Indio, CA. Granite has the technical expertise to complete a project of this nature and maintains sufficient capacity, as a company, to provide for the necessary resources to complete this project in a high quality manner and within the established project delivery timeline. Granite, through their Indio, CA office, has satisfactorily completed prior projects within the City of Big Bear Lake, including the Moonridge Corridor Improvements Project and prior street rehabilitation projects.

The base bid received from Granite Construction Co. was approximately 9% below the engineer’s estimate of probable construction costs. It is recommended that the City Council award a construction contract for this project to Granite Construction Co. in the amount of the base bid of $4,298,000. Further, staff is requesting that the City Council authorize a contingency amount of $650,000 (approximately 15%) to cover the cost of any unforeseen conditions or additional work that arise throughout the course of construction, with all expenses subject to the approval of the project management staff.

A project of this nature and scale will require additional technical support services beyond the capacity of City Staff. As such, staff is recommending the authorization of task orders with existing, on-call consultants to provide the necessary support services, including construction survey, inspection and project management support. Construction survey is a critical service to ensure that the improvements are properly laid out in the field and that they conform to the design plans. These services will ensure that the plans are correct and reflective of the field conditions and will also quantify the work for accurate verification and payment for work completed. Staff is proposing a task order with Vanlen Consultants for construction surveying on Rathbun Drive in the amount of $35,000 and a task order with Merrell-Johnson Engineering, Inc. for construction surveying on Moonridge Road in the amount of $95,000. These consultants have provided survey services of this nature for the City before and are the surveyors of record for the referenced street sections. Additionally, they have sufficient resources and availability to meet the scheduling needs of a project of this nature. In addition, staff is recommending a task order with Merrell-Johnson Companies in the amount of $170,000 for on-site project inspection, and design engineering support. The total proposed expenditures for construction support services are anticipated to cost $300,000, or approximately 6% of the total construction contract, which is within industry standard for a project of this nature.

The above services will be provided by the appropriate technical staff from each firm. Work will be completed on a time and materials basis, based upon the above estimates, meaning that the City will only incur the costs for actual work completed.

Work on this project is anticipated to begin as soon as the week of July 7, 2025. Pursuant to the project specifications, the work is to be completed within sixty (60) working days, or approximately twelve (12) weeks’ time. The anticipated completion of the project will be in early October 2025.

FISCAL IMPACT
The base bid price received for this work was $4,298,000. Staff is requesting the authorization an additional contingency fund of $650,000 (approximately 15%) to address any unforeseen conditions or additional work that may arise during the completion of this project. Finally, staff is requesting a budget of $300,000 for the identified project support expenses including project inspection and construction surveying. The total project costs, including the contract amount, contingency, and project support will not exceed $5,248,000. 75 The adopted project budget for the Moonridge Road Rehabilitation Project is $4,000,000 and the adopted budget for the Rathbun Drive Rehabilitation Project is $2,000,000, creating a total project budget of $6,000,000. The budget is funded through a number of sources including the City’s General Fund, Sanitation Fund, and Measure Y proceeds as well as restricted roadway funding through Measure I Local Funds and the Road Maintenance and Rehabilitation Account. The requested funding to complete this project is approximately $752,000 below the adopted budget.

ENVIRONMENTAL CONSIDERATIONS
At the time that the City Council authorized the bid solicitation for this project, the project was found to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301.c Existing Facilities as repair and maintenance of existing streets and highways.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priority Number 1 as it “supports and invests in sustainable infrastructure projects and programs”.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to Granite Construction Co. and Approving Task Orders with Vanlen Consultants and MerrellJohnson Companies for the Fiscal Year 2025-26 Annual Street Rehabilitation Project – Moonridge Road and Rathbun Drive.

ATTACHMENTS

1. Resolution No. 2025-XX

2. Project Area Map
76 RECORDING REQUESTED BY:

City of Big Bear Lake
WHEN RECORDED, PLEASE MAIL TO:

City of Big Bear Lake
City Clerk
PO Box 10000
Big Bear Lake, CA 92315
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or agent of the OWNER of the interest or estate state below in the property hereinafter described:

The FULL NAME of the OWNER is: CITY OF BIG BEAR LAKE
The FULL ADDRESS OF THE owner is: 39707 BIG BEAR BOULEVARD, PO BOX 10000, BIG BEAR LAKE, CA 92315
The NATURE of the INTEREST or ESTATE of the undersigned is: agent of the owner that constructed the improvements.

The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

NAME(S) ADDRESS(ES)
The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

NAME(S) ADDRESS(ES)
A work of improvement on the property hereinafter described was completed on: October 31, 2025 The work of improvement completed is described as follows: Fiscal Year 2025-26 Annual Street Rehabilitation Project– Moonridge Road and Rathbun Drive
The NAME OF THE ORIGINAL CONTRACTORS, if any, for such work of improvement is: Granite Construction Co.

The street address of said property is: VARIOUS STREETS WITHIN THE CITY OF BIG BEAR LAKE, NO APN
The property on which said work of improvement was completed is in the City of Big Bear Lake, County of San Bernardino, State of California.

Dated: 12/10/2025
Sean Sullivan, Public Works Department, City of Big Bear Lake

VERIFICATION
I, Sean Sullivan, am the Assistant City Manager, the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on 12/10/2025 at Big Bear Lake, CA.

Sean Sullivan, Public Works Department, City of Big Bear Lake Item 1.8
Attachment 2
77 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Joseph Toney, Interim Director of Finance
SUBJECT: Authorize a Loan Agreement with the Big Bear Lake Fire Protection District for Fiscal Year 2025-26

BACKGROUND & DISCUSSION
Due to the timing of revenues received by the Fire Protection District (FPD), namely property taxes, that are delivered in tranches later in the fiscal year, there may be a short-term cash flow shortfall due to the obligation to pay Fire Authority invoices on a monthly basis for payments due from the FPD under the Joint Powers Authority Agreement between the FPD and the Big Bear Community Services District. In order to ensure timely payment, a short-term cash flow loan, in effect a line of credit, from the City’s General Fund to the FPD is needed. The short-term loan will cover the lag in revenues received by the FPD and all loan amounts will be repaid to the City General Fund promptly as received by the FPD within the same period of the fiscal year. The City of Big Bear Lake City Council will enter into the loan as the lender, and the FPD will similarly enter into the loan as the borrower. The City Council would authorize the Mayor to execute the loan agreement on behalf of the City.

FISCAL IMPACT
There is no fiscal impact with this action, other than the temporary unavailability of funds in the General Fund for other uses. The loaned funds will be repaid within the same period of the Fiscal Year with no net impact.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act (CEQA).

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing a Loan Agreement with the Big Bear Lake Fire Protection District for Fiscal Year 2025-26.

ATTACHMENT

1. Resolution No. 2025-XX
Item 1.9
78 RESOLUTION NO. 2025-XX

RESOLUTION AUTHORIZING A LOAN AGREEMENT WITH THE BIG BEAR LAKE FIRE PROTECTION DISTRICT FOR FISCAL YEAR 2025-26
WHEREAS, the Fire Protection District may require temporary cash flow assistance due to timing of property tax revenue collections; and,
WHEREAS, California Government Code Sections 53820–53833 authorize local agencies to temporarily borrow funds for immediate requirements; and, WHEREAS, the City Council finds that establishing an interfund loan from the General Fund to the Fire Protection District is in the best interest of the District and the City and its residents.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:

1. The City Council does hereby authorize the Mayor to execute an interfund loan agreement as necessary between the Fire Protection District (Fund 220) and the General Fund (Fund 110) in an amount not to exceed $7,138,834.

2. The loan shall be repaid upon receipt of revenue sources or no later than June 30, 2026.

3. The Mayor is authorized to execute the loan agreement and take all necessary actions to implement this resolution.

PASSED, APPROVED AND ADOPTED this 10th day of December, 2025.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk
Item 1.9
Attachment 1
79 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2025-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 10th day of December 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
80 PUBLIC HEARING REPORTS
81 MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Andrew Mellon, Community Development Manager
Dan Chudy, Chief Building Official
SUBJECT: Adoption of an Ordinance Adopting by Reference the 2025 Edition of the California Building Standards Code

BACKGROUND & DISCUSSION
On November 10, 2025, the City Council conducted the introduction and first reading of an ordinance to adopt the 2025 California Building Standards Code. During that meeting, no new provisions were proposed to be added and no additional amendments were proposed to the ordinance that was introduced and read aloud. As such, the ordinance was scheduled for a public hearing, second reading, and adoption on December 10, 2025.

The California Health and Safety Code, Section 17950, mandates the California Building Standards Commission adopt and publish the California Codes, Title 24, known as the California Code of Regulations. Every three years, the California building codes are published to incorporate all building code changes accepted by a majority vote of members at the annual code development meetings. As a result, the new codes will become effective statewide on January 1, 2026. Each jurisdiction in the state of California is mandated to adopt the California Code of Regulations, Title 24, and make amendments to the codes that are reasonably necessary because of local climatic, geological, or topographical conditions. To accommodate our specific conditions related to the alpine environment of Big Bear Lake, amendments to the codes have been made by staff.

Modifications, along with the justifications, must be filed with the California Building Standards Commission in order to become legally binding.

A summary of the key changes for the 2025 California Building Code include the following:
• Electrical Vehicle Charging- New and expanded vehicle charging infrastructure requirements.
• Snow Load – New methodology using data from last 30-years and utilizing computer modeling for site specific snow loads. Snow loads will increase approximately 2.5-3 times the existing requirements for residential structures.
• Wildland Fire Code- New stricter standards for improved structural protection. • Energy Efficiency- Enhanced standards to improve building efficiency. • Indoor Ventilation – Strengthened for indoor air quality. • Bicycle Parking – Expanded for apartments and hotel structures.

Item 2.1
82 Title 15 of the Big Bear Lake Municipal Code (BBLMC) contains administrative and technical requirements for the construction of buildings and property within the jurisdiction of the City. It adopts State building codes, standards and additional uniform codes by reference with local amendments. The 2025 Edition of the State Building Standards Code (Title 24 of the California Code of Regulations) will become effective January 1, 2026. To stay in line with the newly adopted codes, Title 15 of the BBLMC needs to be updated. The proposed ordinance would amend Title 15 as follows:

1. Adopt the California Building Standards code with amendments and other codes related to the construction of buildings. These codes are:
a. The 2025 California Administrative Code, Title 24 Part 1 b. The 2025 California Building Code Volumes 1 & 2 And Appendices Chapters B, H, I, & J, Title 24 Part 2
c. The 2025 California Residential Code, And Appendices Chapter BF, Title 24 Part

2.5 d. The 2025 California Electrical Code, Title 24 Part 3 e. The 2025 California Mechanical Code, Title 24 Part 4 f. The 2025 California Plumbing Code, Title 24 Part 5
g. The 2025 California Energy Code, Title 24 Part 6
h. The California Wildland-Urban Interface Code, 2025 edition, Title 24, Part 7 i. The 2025 California Historical Building Code, Title 24 Part 8 j. The 2025 California Fire Code, And Appendices B, BB, C, CC, D, H, I, & J, Title 24 Part 9
k. The 2025 California Existing Building Code Title 24 Part 10 l. The 2025 California Green Building Standards Code, Title 24 Part 11 m. The 2025 California Reference Standards Code, Title 24 Part 12

2. Amend the 2025 Editions of the California Building Codes, as was done in the previous code adoption ordinance, to include provisions for construction that is unique to the City of Big Bear Lake, such as:
a. To prohibit the installation of new roofing over existing wood shingle or wood shake roofs.
b. To require all new structures with a fire area of 5,000 square feet or more, with an exception for detached Group U occupancies accessory to one- or two-family dwellings that are not used for commercial or industrial purposes, and certain large additions to existing buildings to be provided with automatic fire sprinkler systems.

Per the Health and Safety Code, local amendments to the State building codes, except for administrative provisions, must be justified with local climatic, geological or topographical conditions, and the findings and justifications must be filed with the Building Standards Commission before the amendments can become effective. These findings are included within the proposed ordinance, which affirms the findings for the proposed amendments to the California Building Standards Codes. As a part of the proposed action, the City Clerk would be directed to make the necessary filings with the California Building Standards Commission. 83 FISCAL IMPACT
There is no fiscal impact associated with this action.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with Strategic Priority Goal No. 5, to “preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.”

ENVIRONMENTAL CONSIDERATIONS
This Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This Ordinance is an administrative report that, by itself, authorizes no development or any discretionary action, and therefore is exempt CEQA as it does not constitute a project.

RECOMMENDED ACTION
It is recommended that Council take the following actions:

1. Conduct a public hearing; and

2. Determine the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines and direct staff to file a Notice of Exemption; and

3. Conduct the second reading of the following ordinance: AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA,
REPEALING SECTIONS 1, 2, 3, 6, AND 8 OF ORDINANCE 2022-508 AND AMENDING TITLE 15 OF THE BIG BEAR LAKE MUNICIPAL CODE

PERTAINING TO THE CONSTRUCTION AND MAINTENANCE OF
BUILDINGS BY ADOPTING THE 2025 CALIFORNIA BUILDING
STANDARDS CODE AS FOUND IN TITLE 24 OF THE CALIFORNIA CODE

OF REGULATIONS COMPRISING THE CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, AND APPENDICES B, H, I, & J OF VOLUME 2, 2025 EDITION; THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE
AND APPENDIX C, 2025 EDITION; THE CALIFORNIA RESIDENTIAL CODE AND APPENDIX BF, 2025 EDITION; THE CALIFORNIA
ELECTRICAL CODE, 2025 EDITION; THE CALIFORNIA MECHANICAL CODE, 2025 EDITION; THE CALIFORNIA PLUMBING CODE, 2025
EDITION; THE CALIFORNIA ENERGY CODE, 2025 EDITION; THE
CALIFORNIA HISTORICAL BUILDING CODE, 2025 EDITION; THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION; THE
CALIFORNIA REFERENCE STANDARDS CODE, 2025 EDITION; THE
CALIFORNIA ADMINISTRATIVE CODE, 2025 EDITION; AND THE

CALIFORNIA FIRE CODE AND APPENDICES B, BB, C, CC, D, H, I, & J, AND ERRATA, 2025 EDITION; and
84 4. Adopt the proposed ordinance; and

5. Direct the City Clerk to file the findings with the California Building Standards Commission

ATTACHMENTS

1. Ordinance No. 2025-xxx

2. CEQA Notice of Exemption
85 ORDINANCE NO. 2025-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, REPEALING SECTIONS 1, 2, 3, 6, AND 8 OF ORDINANCE 2022-508 AND AMENDING TITLE 15 OF THE BIG BEAR

LAKE MUNICIPAL CODE PERTAINING TO THE CONSTRUCTION
AND MAINTENANCE OF BUILDINGS BY ADOPTING THE 2025
CALIFORNIA BUILDING STANDARDS CODE AS FOUND IN TITLE 24

OF THE CALIFORNIA CODE OF REGULATIONS COMPRISING THE
CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, AND APPENDICES B, H, I, & J OF VOLUME 2, 2025 EDITION; THE CALIFORNIA
WILDLAND-URBAN INTERFACE CODE AND APPENDIX C, 2025
EDITION; THE CALIFORNIA RESIDENTIAL CODE AND APPENDIX
BF, 2025 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2025
EDITION; THE CALIFORNIA MECHANICAL CODE, 2025 EDITION;
THE CALIFORNIA PLUMBING CODE, 2025 EDITION; THE
CALIFORNIA ENERGY CODE, 2025 EDITION; THE CALIFORNIA
HISTORICAL BUILDING CODE, 2025 EDITION; THE CALIFORNIA
GREEN BUILDING STANDARDS CODE, 2025 EDITION; THE
CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION; THE
CALIFORNIA REFERENCE STANDARDS CODE, 2025 EDITION; THE
CALIFORNIA ADMINISTRATIVE CODE, 2025 EDITION; AND THE

CALIFORNIA FIRE CODE AND APPENDICES B, BB, C, CC, D, H, I, & J, AND ERRATA, 2025 EDITION.

WHEREAS, Government Code Sections 50022, et seq. and California Health & Safety Code Section 17922 empowers the City of Big Bear Lake (“City”) to adopt by reference the California Building Standards Code as found in Title 24 of the California Code of Regulations; and WHEREAS, the California Building Standards Commission recently adopted new amendments to the California Building Standards Code; and
WHEREAS, Assembly Bill 130, recently signed by the California Governor, limits the ability of local cities and counties from modifying residential building standards, except under very specific circumstances; and
WHEREAS, California Health & Safety Code, Section 17958.5 authorizes cities and counties to modify the California Building Standards Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City Council finds and determines that certain local climatic, geological or topographical conditions applicable to the City include, but are not limited to, the following:
(a) The City is located in an area, which due to its topography is highly susceptible to fires, strong winds and extreme weather conditions such as wind driven rain and snow. In Item 2.1
Attachment 1
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other communities these similar climatic and vegetation conditions have contributed to the loss of or injury or damage to life and property. Fires occurring in structures without automatic fire sprinkler systems place a greater demand on Authority Firefighters than fires occurring in structures with automatic fire sprinkler systems and as such, diminish the Authority’s ability to control and prevent the spread of fire to surrounding property and structures. Therefore, based on the City’s climatic, geology and topographic conditions, it is reasonable to require all new structures with a fire area of 5,000 square feet or more, with an exception for detached Group U occupancies accessory to one- or two-family dwellings that are not used for commercial or industrial purposes, and certain large additions to existing buildings to be provided with automatic fire sprinkler systems and therefore amend portions of Section 903 of the 2025 California Building Code and Section R309 of the 2025 California Residential Code. (b) Existing wood shingle and wood shake roofs were installed prior to the implementation of requirements for installations within severe climate areas. Additionally, existing wood shingle and wood shake roofs provide for poor anchorage of fasteners intended to anchor new roof materials, as the fasteners split the weathered and brittle wood shingles and shakes. Therefore, it is reasonable to prohibit the installation of new roofing over existing wood shingle or wood shake roofs even though this practice is permitted elsewhere in California and therefore amend Section 1512 of the 2025 California Building Code and Section R908 of the 2025 California Residential Code; and
WHEREAS, the Municipal Code amendment is determined to be exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15378 of the State CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

Findings for Amendments. The City Council finds that the requirements set forth here are reasonable and necessary modifications because of the following climatic, geological, or topographical conditions within the City of Big Bear Lake ("City"). (a) Climate:

The jurisdiction is subject to weather patterns such as frequent periods of drought and low humidity which add to the fire danger. During winter months heavy snow and ice conditions exist resulting in increased demand for fire services and limiting or delaying emergency vehicle access. (b) High Temperature and Winds:

During the summer months, the dry winds and ex1stmg vegetation mix to create a hazardous fuel condition, which has resulted in large-loss vegetation and structure fires. Summer temperatures exceeding 95 degrees and severe "Santa Ana" winds frequently occur and can move a fire quickly throughout areas of the County and City.
(c) Limited Water Supply:

Because some areas within the County and City lack water supply by any public entity and because of local weather patterns, the County and City (like other Southern California regions) have, at times, experienced a need for water conservation. Due to consumption and periods of limited rainfall, future water allocation may not be fully dependable during periods of extended drought. 87

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(d) Topographical:

Natural slopes of eight percent or greater generally occur throughout the mountain areas of San Bernardino County. In many cases, slopes in the San Bernardino Mountains exceed forty percent.

The elevation change caused by the mountains and foothills creates the geological foundation on which communities within San Bernardino County are built and will continue to be built. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and greater contrasts on terrain. All of these topographical conditions have created slower response times of emergency vehicles into the high growth areas, due to the extraordinary terrain changes. (e) Geological Concerns with Flooding and Access Routes:

Road circulation features located throughout the County and City also make the amendments reasonably necessary. Located through the County and City are major roadways, highways, flood control channels and natural drainages that create barriers and slow response times. Another unique factor, which creates barriers and slow response times, are the multiple canyons located in the County and City. Hills, slopes, street, and storm drain design, accompanied with heavy rainfall causes roadway flooding and landslides and at times, may make an access route impassable. There exist areas in the County and City that naturally have extended emergency response time that exceeds ten minutes. This time extension is due to remote sparse development. (f) Seismic Hazards:

The County and City have within their boundaries potentially active seismic hazards. Seismic activity within the County and City occurs yearly, and a fire potential exists with these active faults. Existing structures and planned new development are at serious risk from these faults. (g) Dense Development:

Highly populated areas exist within the County and City. Structures in close proximity to each other pose an exposure problem, which may cause a fire to spread from one structure to another. (h) Administrative:

The amendment is necessary for non-substantive, administrative purposes.

The findings above are applicable to the amendments set forth in this ordinance as follows:

Code Section Description Finding
2025 CALIFORNIA FIRE CODE
101.1 Title (amended) h
103.1 Fire Code Official Appointment (deleted) h
104.10 Fire Investigations (amended) h
104.11.4 Authority as Peace Officers (added) h
104.12 Cost Recovery (added) h
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104.13 Expenses for Securing an Emergency
(added)
h
105.5.5 Carnivals, Fairs, Block Parties, and other
Outdoor Assemblage (amended)
a, b, c, d,
e, f, g
105.5.36 Exception: Recreational Fires (deleted) a, b, c, d, e, f, g
105.5.40 Outdoor Assemblies (amended) a, b, c, d,
e, f, g
105.5.54 Wood Products (amended) a, b, c, d,
e, f, g
105.5.60 Christmas tree sales(added) a, b, c, d,
e, f, g
112.1 Hearing Officer and Appeals Board
Established (amended)
h
112.2 Limitations on Authority (amended) h
112.4 Administration (amended) h
112.5 - 112.9 Regarding Hearings (added) h
113.4 Violation Penalties (added) h
113.4.1 Abatement (amended) h
202 Definitions (amended) h
305.3 Open-Flame Warning Device (amended) a, b, c, d, e, f, g
305.6 Spark Arrestors (added) a, b, c, d, e,
f, g
307.1 - 307.2 Regarding Open Fires (amended) a, b, c, d, e, f, g
307.3 Extinguishment Authority (amended) h
307.4 - 307.5 Regarding Recreational Fires (deleted) a, b, c, d, e, f, g
315.8 Outside Storage of Firewood (added) a, b, c, d, e, f, g
403.11.1 Fire Watch Personnel (amended) a, b, c, d, e,
f, g
503.2.1 Dimensions (amended) c, d, e, g
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503.2.3 Surface (amended) c, d, e, g
503.4 Obstruction to Fire Apparatus Access
Roads (amended)
c, d, e, g
507.1 Required Water Supply (amended) a, b, c, d, e,
f, g
507.3 Fire Flow (amended) a, b, c, d, e,
f, g
507.3.1 Inadequate Fire Flow (added) a, b, c, d, e,
f, g
903.2.11.7 Buildings 5,000 Square Feet or More in
Size (added)
a, b, c, d, e,
f, g
903.2.11.8 Additions to Existing Buildings (added) a, b, c, d, e, f, g
903.7 Freeze Protection (added) a
5601.1.3 Fireworks (amended) a, b, c, d, e,
f, g
5601.1.3.1 Seizure (added) h
5704.4.9 Tank Storage Prohibited (added) a, b, c, d, e, f, g
Chapter 80
NFPA 13D

6.2.2 Stored Water (amended) a, b, c, d, e,
f, g
B105.2 Buildings Other than One- and Two-Unit
Family Dwellings (amended)
a, b, c, d, e,
f, g
Appendix C,
Cl03. l
Fire Hydrants -Maximum Spacing
(amended)
a, b, c, d, e,
f, g
Appendix C,
Cl03.4
Fire Hydrants -Availability (added) a, b, c, d, e,
f, g
Appendix C,
C102.l
Fire Hydrants Table (deleted) a, b, c, d, e,
f, g
Appendix Q Wood Shake Shingle Roofs (added) a, b, c, d, e, f, g
2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE
401.4 Additional Requirements (added) a, b, c, d, e,
f, g
604.1-604.2.1 Vegetation Management (amended) a, b, c, d, e, f, g
604.6.1 Defensible Space Requirements (amended) a, b, c, d, e, f, g
604.6.2.1 –
604.6.2.6
Native Brush, Shrubs and Other Highly
Flammable Vegetation (added)
a, b, c, d, e,
f, g
604.6.2.7 Outdoor storage and use a, b, c, d, e,
f, g
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2025 CALIFORNIA RESIDENTIAL CODE
R105.2 Work exempt from permit (amended) a, b, c, d, e, f, g, h
R309.2 One and two family dwellings automatic
sprinkler systems (amended)
a, b, c, d, e,
f, g
R309.3.1.2 Required Sprinkler Locations (amended) a, b, c, d, e, f, g
R309.3.5.2 Required Capacity (amended) a, b, c, d, e,
f, g
R908.4.1 Roof covering (amended) a, b, c, d, e,
f, g
2025 CALIFORNIA BUILDING CODE
105.2 Work exempt from permit (amended) a, b, c, d, e,
f, g, h
903.2 Automatic Fire Sprinklers, where required
(amended)
a, b, c, d, e,
f, g
903.2.11.7 Building Fire Area 5,000 Square Feet or More in Size (added)
a, b, c, d, e,
f, g
903.2.11.8 Additions to Existing Buildings (added) a, b, c, d, e, f, g
903.6 Freeze Protection (added) a, b, c, d, e,
f, g
Section 1. Findings. To the extent that the following changes and modifications to the Codes are deemed more restrictive than the standards contained in the California Building Codes thus requiring that findings be made pertaining to local conditions to justify such modifications, the City Council hereby finds and determines that the following changes and modifications are reasonably necessary due to local climatic, geological and topographical conditions.

Section 2. Section 15.04.010 of the City of Big Bear Lake Municipal Code is hereby amended to read as follows:

15.04.10 Adoption of the California Code of Regulations.

The City adopts by reference and makes part of this Chapter by reference, subject to those certain amendments set forth in Section 15.04.020, the following California Building Codes and International codes (one copy of each is on file for use and examination by the public in the Office of the City Clerk):

A. California Administrative Code, 2025 edition, Title 24 Part 1 B. California Building Code Volumes 1&2 and Appendices B, H, I, & J of Volume 2, 2025 edition, Title 24 Part 2;
C. California Residential Code and Appendix BF, 2025 edition, Title 24 Part 2.5; D. California Electrical Code 2025 edition, Title 24 Part 3; 91

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E. California Mechanical Code 2025 edition, Title 24 part 4; F. California Plumbing Code 2025 edition, Title 24 Part 5; G. California Energy Code 2025 edition, Title 24 Part 6; H. California Wildland-Urban Interface Code, 2025 edition, Title 24, Part 7 I. California Historical Building Code 2025 edition, Title 24 Part 8; J. California Fire Code and Appendices B, BB, C, CC, D, H, I, & J 2025 edition, Title 24 Part 9
K. California Existing Building Code 2025 edition, Title 24 Part 10; L. California Green Building Standards Code 2025 edition, Title 24 Part 11; M. California Referenced Standards Code 2025 edition Title 24 Part 12; Section 3. Section 15.04.020 of the City of Big Bear lake Municipal Code is hereby amended to read as follows:

15.04.20 Amendments to the California Code of Regulations.

The following amendments to the 2025 California Code of Regulations are adopted to read as follows:

A. Chapter 1, Division II, Section 105.2, Building: of the 2025 California Building Code and Chapter 1, Division II, Section R105.2, Building: of the 2025 California Residential Code is amended to read as follows:
“105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction including but not limited to the City of Big Bear Lake Development Code.

Permits shall not be required for the following:

Building:

1. One story detached accessory structures to a Group R-3 occupancy used as tool and storage sheds, playhouses/treehouses, gazebos and other similar non-habitable structures, provided the floor area does not exceed 120 square feet (11 m2 ). These
accessory structures shall not exceed 10’ to the peak of the roof from grade level. It is permissible that these structures still be regulated by the 2025 California WildlandUrban Interface Code, Section 504.11, despite exemption from permit.

2. Non-masonry fences not over 6 feet (1829 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge, impounding Class I, II or IIIA liquids or retaining soils greater than 18 inches (457 mm) in depth at greater than a 2:1cut slope.

5. Water tanks supported directly on level compacted grade if the capacity does not 92

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exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

6. Sidewalks and driveways, not more than 30 inches (762 mm) above adjacent grade not exceeding a 1in 8 slope (12.5 percent grade), not adjacent to a slope greater than 1 in 2, not located over any basement or story below and not part of an accessible means of egress or an accessible route as defined by Chapter 11A and 11B of California Building Code.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that does not alter an accessible means of egress or an accessible route as defined by Chapter 11A and 11B of California Building Code.

8. Temporary motion picture, television, and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to a Group R-3 occupancy.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do no project more than 24 inches (609.6 mm) from the exterior wall.

13. Non-fixed and movable fixtures, cases, racks, counters and partitions, not over five feet nine inches (1753 m) in height and not placed in the accessible means of egress or an accessible route as defined by Chapter 11A and 11B of the California Building Code.

14. Decks accessory to a Group R-3 occupancy not exceeding 200 square feet (18.58 m2
) in area, that are not more than 30 inches (762 mm) above natural grade at any point, are not within 10 feet (9.29m) of a dwelling, and do not serve the exit door required by Section R311 of the California Residential Building Code.

FPN: Forced Air Units, Water Heaters, and Windows are no longer exempt from permits as adopted in previous versions of the BBMC section 15.04.020.

B. Chapter 9, Section 903.2 of the 2025 California Building Code and the 2025 California Fire Code is hereby amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures, including pre-manufactured structures, shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21.

C. Chapter 9, Section 903.2.11.7 is hereby added to the 2025 California Building Code and the 2025 California Fire Code to read as follows:
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903.2.11.7 Building Fire Area 5,000 Square Feet or More in Size. An approved automatic fire sprinkler system shall be provided throughout in all newly constructed buildings and structures of any occupancy group when the gross fire area, as defined in the California Building Code, is equal to or exceeds 5,000 square feet.

EXCEPTIONS: Detached Group U occupancies accessory to a one- or two-family dwelling that are not used for commercial or industrial purposes.

D. Chapter 9, Section 903.2.11.8 is hereby added to the 2025 California Building Code and the 2025 California Fire Code to read as follows:
903.2.11.8 Additions to Existing Buildings. When an addition to an existing residential structure results in a structure having a fire area of more than 5,000 square feet and addition is 50% or more of the original square footage, the entire structure shall be provided with an automatic sprinkler system.

E. Chapter 9, Section 903.6 is hereby added to the 2025 California Building Code and the 2025 California Fire Code to read as follows:
903.6 Freeze Protection. All sprinkler systems shall be suitably freeze-protected for climatic conditions as prescribed by the fire code official.

F. Section R309.2, Exception 1 of the 2025 California Residential Code is hereby amended to read as follows:

R309.2, Exception 1: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system where the addition or alteration is less than 50% of the original square footage or does not result in the creation of a fire area of more than 5,000 square feet.

G. Section R309.3.1.2 of the 2025 California Residential Code is hereby amended to read as follows:

R309.3.1.2 Required sprinkler locations. Sprinklers shall be installed to protect all areas of a dwelling unit.

EXCEPTIONS:

1. Attics, crawl spaces, built-up areas less than five (5) feet in height, and normally unoccupied concealed spaces that do not contain fuel-fired appliances, do not require sprinklers. In those areas containing fuel-fired appliances, a sprinkler shall be installed above the appliance.

2. Clothes closets, linen closets, and pantries not exceeding 24 square feet in area, with the smallest dimension not greater than 3 feet and having wall and ceiling surfaces of gypsum board.
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3. Detached garages, carports with no habitable space above, open attached porches, balconies or stairs, and similar areas.

H. Section R309.3.5.2 of the 2025 California Residential Code is hereby amended to read as follows:

R309.3.5.2 Required Capacity. The water supply shall have the capacity to provide the required design flow rate for sprinklers for a period of time as follows:

1. The water supply shall have the capacity to provide the required design flow rate for sprinklers for a minimum of 10 minutes regardless of the square footage or number of stories.

I. Section 1512.3.1 of the 2025 California Building Code is amended and Section R908.4.1 of the 2025 California Residential Code is amended to read as follows:

Roof covering over wood shingles and shakes. Re-roofing over existing wood shingle or wood shake roofing is not permitted.

Section 4. Section 15.34 of the City of Big Bear Lake Municipal Code is hereby amended to read as follows:

15.34 – ROOF SNOW LOAD REQUIREMENTS

15.34.010 Applicability of Provisions
The provisions of this chapter are minimal requirements and apply to all construction, erection, enlargement, alteration, repair, moving, conversions, change of occupancy (use) and maintenance of building(s) and/or structure(s) within the city.

15.34.020 Design Requirements.

The design values listed below shall apply in the City of Big Bear Lake:

1. Ground Snow Load: Per the ASCE Hazard tool on the internet at https://ascehazardtool.org/

2. Wind Design Speed: 85 mph;

3. Wind Design Topographic Effects: No;

4. Seismic Design Category: E;

5. Subject to Weathering From Weathering: Negligible;
6 Subject to Weathering From Frost Line Depth: 18 inches;

7. Subject to Weathering From Termites: Yes;

8. Winter Design Temperature (Zone): 16;

9. Ice Barrier Underlayment Required: Yes;

10. Flood Hazards: FIRMs Numbers 06071C8005 H, 06071C8007 H, 06071C8010 H, 06071C7290 H, 06071C7295 H and 06071C8026 H;

11. Air Freezing Index: 500;

12. Mean Annual Temperature: 48 degrees Fahrenheit.
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13. Maximum Rainfall Rate: 2.5 inches per hour (60-minute duration, 100 year return) Section 5. Section 15.40 of the City of Big Bear Lake Municipal Code is hereby amended to read as follows:

15.40 – CALIFORNIA FIRE CODE AND CALIFORNIA WILDLAND-URBAN INTERFACE CODE

15.40.010 Amendments to the Fire Code and Wildland-Urban Interface Code A. Chapter 1, of the 2025 California Fire Code is hereby amended to read as follows:
(1) Chapter 1
Section 101.1 is amended to read:
101.1 Title. These regulations and adopted standards and interpretations, as approved by the fire code official and Big Bear Fire Authority, shall be known as the "Fire Code of the Big Bear Fire Authority," hereinafter referred to as, "Big Bear Fire Authority Fire Code," or "this code."
Section 103.2 is deleted.

Section 104.10 is amended to read:
104.10 Fire Investigations. The Big Bear Fire Authority ("fire department" or "department") shall have the authority to investigate the cause, origin, and circumstances of any fire, explosion, release of hazardous materials or other hazardous condition. The fire chief or fire code official shall be responsible to pursue any investigation to its conclusion.

Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.

Section 104.11.4 is added to read:
104.11.4 Authority as Peace Officers. The Fire Chief is authorized to designate a member, or members, of the department as peace officers pursuant to California Penal Code Sections 830.37(a)-(b) and 836.5(a). The Fire Chief, Fire Marshal and those members designated as investigators by the Fire Chief, shall have the full powers of a peace officer and shall be authorized to conduct investigative detentions, issue criminal citations, and make arrests pursuant to California Penal Code Section 836 for any violation of this code or any referenced or state law, obtain and execute warrants and to seize and take charge of all physical evidence relating to the fire cause or other crime or circumstance being investigated.

Section 104.12 is added to read:
104.12 Cost Recovery. Fire suppression, investigation, plan review, administrative costs, emergency abatement, and rescue or emergency medical costs are recoverable in 96

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accordance with Health and Safety Code Sections 13009 and 13009.1 and by Authority resolution.

Section 104.13 is added to read:
104.13 Expenses for Securing an Emergency. Any person who negligently or intentionally, or in violation of law, causes an emergency response, including, but not limited to, a traffic accident or spill of toxic or flammable or combustible liquids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq. Any expense incurred by the fire department for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the Authority in the same manner as in the case of an obligation under contract, express or implied.

Section 105.5.5 is amended to read:
105.5.5 Carnivals, Fairs, Block Parties, and Other Outdoor Assemblage. An operational permit is required to conduct a carnival, fair, block party, race, concert, parade or other similar outdoor assemblage whether, public or private, when in the opinion of the fire code official, a permit and specific conditions are required due to the nature or location of the activity.

Section 105.5.36 is amended to read:
105.5.36 Open Burning. An operational permit 1s required for the kindling or maintaining of an open fire on any public street, alley, road, or other public or private ground.

Instructions and stipulations of the permit shall be adhered to.

Delete Exception: Recreational fires.

Section 105.5.40 is amended to read:
105.5.40 Outdoor assembly event. An operational permit is required to conduct an outdoor assembly, temporary use or other special event where planned attendance exceeds 300 persons per day.
105.5.54 is amended to read:
105.5.54 Wood products. An operational permit is required for the operation of a firewood processing facility and for the storage of wood chips, hogged material or plywood in excess of 200 cubic feet (6 m3).
105.5.60 is added to read:

105.5.60 Christmas tree sales. An operational permit is required for the operation of a Christmas tree lot, stand or other site selling Christmas trees.

Section 112.1 is amended to read:
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112.1 Hearing Officer and Appeals Board Established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, the Authority may contract with or otherwise designate a hearing officer to consider appeals from an order, decision or determination by the fire code official. Certain appeals involving enforcement by the County may also be heard by the County Fire Protection District Fire Chief/Fire Warden, the Fire Chiefs/Fire Warden's designee, or other hearing officer so designated by the County and/or the County Fire Protection District in accordance with their appeal procedures, including any subsequent review or appeals. In order to. hear and review a hearing officer's decision (except those involving enforcement by the County), a committee of the Big Bear Fire Authority Board of Directors shall serve as an Appeals Board. The Appeals Board shall be comprised of the Chairman of the Authority Board of Directors and four other members of the Board of Directors appointed by the Chairman. The hearing officer(s) and Appeals Board may adopt additional rules of procedure for conducting their business.

Section 112.2 is amended to read:
112.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The hearing officer and Appeals Board shall not have authority to waive requirements of this code or interpret the administration of this code.

Section 112.4 is amended to read:
112.4 Administration. The fire code official shall take immediate action in accordance with the decision of the hearing officer once such decision is final, or of a final decision of the Appeals Board.

Sections 112.5 to 112.9 are added to read:
112.5 Requests for Appeal to a Hearing Officer. Any person desiring to appeal an order, decision, or determination of the fire code official relative to the application and interpretation of this code, may file a request with the Secretary of the Board of Directors or other person identified in the order, decision, or determination for a hearing before a hearing officer within 15 days after the date such order, decision, or determination is rendered or enforcement began. An appeal request shall be in writing, shall state the specific reasons for the appeal and the grounds asserted for relief, and shall include with the request the hearing fee as further described below. The enforcement to be reviewed is suspended until the determination of the hearing, unless a hazardous condition exists. The failure to file an appeal within the time or in the manner prescribed in this section, or to include the hearing fee, waives the right to appeal.
112.6 Hearing Procedures - Hearing Officer. Upon receipt of a request for a hearing before a hearing officer, the Secretary of the Board of Directors or other person identified in the order, decision, or determination shall refer the matter to the hearing officer, which shall hold a hearing not less than 10 days nor more than 30 days after the date of the filing of the request for hearing. The hearing officer shall give written notice of the time and place of 98

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the hearing to the appellant and the fire code official involved at least 10 days prior to the hearing. Witnesses may be sworn and evidence produced, and parties may be represented by counsel. The hearing officer shall keep a record of the proceedings of each hearing and shall issue written findings and a decision within 15 days after the conclusion of the hearing. All such decisions shall be mailed to the parties by first class mail, postage prepaid, at such addresses as they have provided. The hearing officer's decision is final 15 days after service of the hearing officer's decision on the appellant, unless Appeals Board review is timely requested either by the fire code official or appellant. 112.7 Requests for Review by Appeals Board. To request Appeals Board review of a hearing officer's decision, the appellant or fire code official may file a request with the Secretary of the Board of Directors for a hearing before the Appeals Board within 15 days after the date of service of the hearing officer's decision. A request for review shall be in writing, shall state in detail the reasons for review and the error(s) alleged in the hearing officer's decision, and shall include with the request the hearing fee as further described below. The enforcement to be reviewed is suspended until the determination of the hearing, unless a hazardous condition exists. The failure to file a request for review within the time or in the manner prescribed in this section, or to include the hearing fee, waives the right to seek review by the Appeals Board.
112.8 Hearing Procedures - Appeals Board. Upon receipt of a request for a hearing before the Appeals Board, the Secretary of the Board of Directors shall refer the matter to the Appeals Board, which shall hold a hearing not less than 10 days nor more than 45 days after the date of the filing of the request for review. The Appeals Board shall give written notice of the time and place of the hearing to the appellant and the fire code official involved at least 10 days prior to the hearing. The parties may be represented by counsel and witnesses may be sworn and evidence produced; provided, however, that the Appeals Board shall be authorized to deny the introduction of supplementary evidence and decide the matter after oral argument, to admit supplementary evidence with respect to challenges of particular findings, or reject the hearing officer's findings and conclusions and conduct a de novo hearing. The Appeals Board shall keep a record of the proceedings of the hearing and shall issue written findings and a decision within 15 days after the conclusion of the hearing. All such decisions shall be mailed to the parties by first class mail, postage prepaid, at such addresses as they have provided. The Appeals Board's decision is final 15 days after service the decision on the appellant.
112.9 Fees and Costs. A request for a hearing before either a hearing officer or the Appeals Board shall require the Secretary's receipt of payment of a hearing fee, which may be determined and set by the fire department to cover the cost of preparing the record for the appeal and for any other costs or expenses of conducting the hearing. Unless otherwise specified by resolution, the appeal fee is $250. After all appeals have been exhausted, the fire department will refund any portion of the appeal fee(s) which are not used. A summary of the costs will be compiled and sent to the appellant and paid within thirty (30) days of exhaustion of all appeals.

Section 113.4 is amended to read:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to 99

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comply with any of the requirements of this code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 dollars and/or by imprisonment not exceeding 6 months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (H&S Code Section 13145 and 17995).

Section 113.4.l is amended to read:
113.4.1 Abatement of violation. In addition to the imposition of penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. In the event that a hazardous condition exists, as determined by the fire code official and in accordance with this chapter, the fire code official may give notice to the owner of the property upon which a hazardous condition exists to abate such condition. In the event that abatement is not performed within the time frames granted by such notices or other written documentation, and or is deemed an immediate threat to public safety, the fire code official may cause abatement to be done in accordance with public nuisance abatement procedures and make the expense of such abatement a lien upon the property at which such condition exists.

B. Chapter 2 of the 2025 California Fire Code is hereby amended to read as follows:
(1) Chapter 2
Section 202 is amended by adding the following definitions:

All Weather Driving Surface.

Unless otherwise defined within other Codes, Rules, Standards or Regulations, the following are considered to be All Weather Driving Surfaces:

A. Three-inch (3") Type II AC. pavement on four inch (4") crushed aggregate base.

B. Six-inch (6") Type II AC. pavement on native soil.

C. Six-inch (6") Portland cement concrete pavement on native soil.

D. Any other surface as determined by the fire code official to meet the intent of this Code.

Barbecue Grill (also known as a barbeque or BBQ).

A portable or fixed device, constructed of steel, concrete, clay, or other non-combustible material, for the primary purpose of cooking food over a liquefied petroleum, natural gas, or charcoal-fueled fire.

Barbecue Pit.

A trench or depression in the ground in which wood or other clean solid fuel is burned to produce a bed of hot coals for the sole purpose of cooking. A barbecue pit having a fuel area greater than 3 feet in width or 2 feet in height shall be considered a bonfire. 100

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Open Fires.

Any outdoor fire, recreational fires and bonfires, portable outdoor fireplaces, barbecues and barbecue pits, wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.

C. Chapter 3 Chapter 2 of the 2025 California Fire Code is hereby amended to read as follows:
(1) Chapter 3
Section 305.3 is amended to read:
305.3 Open-flame Warning Devices. Open-flame warning devices shall not be used along an excavation, road or any other place where the dislodgment of such device may permit the device to roll, fall or slide onto any area or land containing combustible materials.

EXCEPTION: This section shall not apply to public safety personnel acting in the performance of their duties.

Section 305.6 is added to read:
305.6 Spark arrestors. Each chimney used in conjunction with a fireplace, portable outdoor fireplace, or other heating appliance in which solid fuel is burned, shall be maintained with an approved spark arrester. The spark arrestor shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel.

Openings shall not permit the passage of spheres having a diameter larger than one-half inch (13 mm) maximum and shall not block the passage of spheres having a diameter of less than three-eighths inch (10 mm). The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and shall be visible from the ground. All spark arrestors shall be accessible and removable for cleaning.

Section 307.1 is amended to read:
307.1 General. A person shall not kindle, or maintain any fire, or allow any fire to be kindled or maintained on their property unless in accordance with this Code.

Section 307.2 is amended to read:
307.2 Permit Required. When required pursuant to Section 105.6.32, a permit shall be obtained prior to kindling any open fire.

EXCEPTION: Barbecues, portable outdoor fireplaces or fire rings using propane, natural gas or charcoal briquettes.

Section 307.3 is amended to read:
307.3 Extinguishment Authority. The fire code official is authorized to order or cause the extinguishment of any fire that creates or adds to a hazardous condition, creates smoke emissions offensive to occupants of surrounding properties, is conducted without a permit 101

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when such a permit is required, or is conducted outside of the parameters set forth in this section or a permit, when required.

Sections 307.4 through 307.5 are deleted. Section 315.8 is added to read:
315.8 Outside Storage of Firewood. Firewood and combustible material stored and for consumption on residential properties, shall be neatly stacked free from accumulations of pine needles and other debris. Firewood that is used for private consumption is limited to five (5) cords. Firewood stored against a structure shall be stored in a weather resistant structure and or covered in a fire resistant fabric.

D. Chapter 4 Chapter 2 of the 2025 California Fire Code is hereby amended to read as follows:
(1) Chapter 4
Section 403.11.1 is amended to read:
403.11.1 Fire Watch Personnel. When, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the fire code official may require, at the expense of the owner, agent or lessee, one or more fire department personnel to perform fire watch duties, as required and to remain on duty during the times such places are open to the public or when such activity is being conducted.

EXCEPTION: The fire code official may require the owner, agent or lessee to provide one or more fire watch personnel.

E. Chapter 5 of the 2025 California Fire Code is hereby amended to read as follows:
(1) Chapter 5

Section 503.2.1 is amended to read:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315.2 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet 6 inches (4450.08 mm).

EXCEPTIONS:

1. Driveways of one- and two-unit family dwellings shall be a minimum of 12 feet in width.

2. Driveways of one- and two-unit family dwellings exceeding 150 feet in length shall be a minimum of 14 feet in width.

3. Required access road dimensions may be modified when, due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the fire code official determines that the conditions cannot be met.

Section 503.2.3 is amended to read:
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503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Where road grades do not exceed eight percent (8%), and where serving only one­ or two- unit family dwellings or accessory Group U occupancies, the fire code official may approve roads constructed with approved native materials or gravel compacted to eighty five percent (85%) compaction.

Section 503.4 is amended to read:

503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Any condition that serves as an impediment to fire access, or any vehicle or other obstruction to fire access may be removed at the order of the fire code official, with the expense of such removal to be paid by the owner of the roadway, or of said vehicle or obstruction.

Section 507.1 is amended to read:
507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction.

EXCEPTION: For single one- and two-unit family dwellings and detached garages, not part of a parcel map, tentative tract or other similar planned development, an approved automatic residential fire sprinkler system or an approved self-contained residential automatic sprinkler system may be considered as an adequate water supply with no additional on-site water source required.

Section 507.3 is amended to read:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B.

EXCEPTION:

1. For single one- and two-unit family dwellings and detached garages, not part of a parcel map, tentative tract or other similar planned development, the installation of an approved automatic residential fire sprinkler system or an approved self-contained residential automatic sprinkler system may be considered an approved fire flow.

2. No water supply or fire sprinkler system is required for detached Group U occupancies not used for industrial or commercial properties when structures are located 50 feet or farther from the property lines and any dwelling.

Section 507.3.1 is added to read:
507.3.1 Inadequate Fire Flow. In areas which are unable to be provided with required fire flow, buildings shall be provided with an approved NFPA sprinkler system. On-site water storage requirements for occupancies other than Group R, Division 3 may be reduced to a 30-minute minimum sprinkler demand.

F. Chapter 9 of the 2025 California Fire Code is hereby amended to read as follows:
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(1) Chapter 9
Section 903.2.11.7 is added to read:
903.2.11.7 Building Fire Area 5,000 Square Feet or More in Size. An approved automatic fire sprinkler system shall be provided throughout in all newly constructed buildings and structures of any occupancy group when the gross fire area, as defined in the California Building Code, is equal to or exceeds 5,000 square feet.

1. EXCEPTIONS: Detached Group U occupancies accessory to a one- or two-family dwelling that are not used for commercial or industrial purposes.

Section 903.2.11.8 is added to read:
903.2.11.8 Additions to Existing Buildings. When an addition to an existing residential structure results in a structure greater than 5,000 square feet and the addition is 50% or more of the original square footage, the entire structure shall be provided with an automatic sprinkler system.

Section 903.7 is added to read:
903.7 Freeze Protection. All sprinkler systems shall be suitably freeze-protected for climatic conditions as prescribed by the fire code official.

EXCEPTION: New or used mobile homes or manufactured homes that are used or intended for use as a dwelling, and new or used multifamily manufactured homes with two dwelling units, are exempt pursuant to State law. (H&S Code§ 18015; 25 CCR§ 4300.) G. Chapter 56 of the 2025 California Fire Code is hereby amended to read as follows:
(1) Chapter 56
Section 5601.1.3 is amended to read:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, and use of fireworks is prohibited.

Delete Exceptions: 1 – 4
Exception: A permit may be issued by the fire code official in accordance with Section 5608 for the use of fireworks or pyrotechnics for public fireworks display or special effects in motion picture, television, theatrical productions.

Section 5601.1.3.1 is added to read:
5601.1.3.1 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter.
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H. Chapter 57 of the 2025 California Fire Code is hereby amended to read as follows:
(1) Chapter 57
Section 5704.4.9 is added to read:

5704.4.9 Tank Storage Prohibited. Pursuant to this Section 5704, the storage of flammable and combustible liquids in outside aboveground unprotected tanks and below grade vaulted tanks shall be prohibited in areas where the fire code official determines that the installation of flammable and combustible aboveground storage tanks or below grade vaulted tanks will create a hazard to occupants and property owners in the area.

I. Chapter 80 of the 2025 California Fire Code is hereby amended to read as follows:
(1) Chapter 80
NFPA 13D is amended as follows:

Section 6.2.2 is amended to add subsection ill to read as follows:

6.2.2(2) Where stored water is used as the sole source of supply for the sprinkler system, the minimum quantity shall equal the water demand rate times 10 minutes.

J. Appendix B of the 2025 California Fire Code is hereby amended to read as follows:
(1) Appendix B
Section B105.2 of Appendix B is amended to read:

B105.2 Buildings Other than One- and Two-Unit Family Dwellings. The minimum fire flow and flow duration for buildings other than one- and two-unit family dwellings shall be as specified in Table B105.1.

EXCEPTION: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. A reduction in required fire flow of up to 75 percent is allowed for isolated buildings of Group U occupancy, agricultural uses, or other low hazard uses when approved by the fire code official. The resulting fire flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.1.

K. Appendix C of the 2025 California Fire Code is hereby amended to read as follows:
(1) Appendix C
Section C103.4 is added to read:

Cl03.4 Fire Hydrants Available. The number of fire hydrants available to a complex or 105

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subdivision shall not be less than that determined by spacing requirements specified in this Appendix C when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted.

Section C103.1 is amended to read:

C103.l Maximum Spacing. The average spacing between fire hydrants shall not exceed 300 feet (91m) in industrial, commercial, and multifamily development, and 600 feet (183m) in all single-family developments. Spacing of fire hydrants along public streets shall also be guided by other County or Authority public works standards.

EXCEPTION: The fire code official is authorized to accept a deficiency of up to ten (10) percent where existing fire hydrants provide all or a portion of the required fire hydrant fire flow.

Table C102.1 is deleted.

L. The 2025 California Wildland-Urban Interface Code is hereby amended to read as follows:
(1) Chapter 4
Section 401.4 is added to read:
401.4 Additional Requirements. Dependent upon specific site conditions (e.g., building separation, property line setbacks, fire flow, road conditions, slope, vegetation, etc.) or a combination of conditions, the Authority may require structures to meet more stringent construction standards (e.g, exterior walls to be constructed to the modified or full one-hour construction standards, etc.) as additional mitigation to the fire threat. (1) Chapter 6
Section 604.1 is amended to read:
604.1 General. Hazardous vegetation and fuels shall be managed, at all times, to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings in accordance with Section 603.

Section 604.2.1 is added to read:
604.2.1 Application. Those areas protected by the Big Bear Fire Authority shall be classified as a Very High Fire Hazard Severity Zone.

Section 604.6.1 is added to read:
604.6.1 Requirements. It shall be the responsibility of every property owner, occupant, and person in control of any land interest to abate the accumulation of forest fuels around their property, through implementation of the following measures within twenty (20) feet of roads, streets, highways, driveways, and parking lots, and within (100) feet of all aspects of a structure or to the property line (whichever is less). 106

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a. Remove all dead, burnable fuels, including but not limited to all pine needles, leaves, pine cones, and branches on roofs, on and under decking, noxious weeds or vegetation, dry grass, logs, dead-dying trees, identified hazard trees, dead branches, limbs in trees and shrubs, grass four inches and higher, pine needles on the ground down to a two-inch depth, and all combustible rubbish, debris, or noxious material that constitutes a fire, health, or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property.
b. Thin dense groups of trees (less than six inches in diameter) to six to eight-foot spacing, measured trunk to trunk. Removal of any live tree with a diameter of more than six inches measured at four and one-half feet above the ground requires approval by the city.
c. In areas with a continuous canopy, any tree taller than forty-five (45) feet shall have its branches pruned back to the trunk if the limbs and branches have any portion lower than twelve (12) to fifteen (15) feet from the ground. A tree shorter than forty-five (45) feet shall be pruned to remove any live or dead limbs and branches up (6) feet or no more than 25% of total height. For non-continuous canopy areas, tree branches shall be pruned to remove limbs located less than 6 feet above the ground surface.

Exception: Deciduous trees. Specimen and individual standing trees could/shall be prescribed specific abatement requirements.
d. All native brush, shrubs and other highly flammable vegetation shall be installed and maintained in a manner that minimizes fire risk, including, without limitation, by removing dead branches and twigs at all heights, pruning the lower 25% foliage of branches, and selectively pruning to reduce the density of the plant. e. Native brush or other highly flammable vegetation shall be installed and maintained with horizontal spacing such that the space between two shrubs (horizontally) shall be a minimum of two times the height of the tallest shrub. Individual shrubs or groups of shrubs clumped together shall be modified so that their diameter does not exceed fifteen (15) feet. Groups of shrubs clumped together with a diameter of fifteen (15) feet or less shall be treated as a single plant.
f. Any limbs, branches that have any portions less than ten (10) feet from chimney opening shall be completely removed. Limbs and branches located within ten (10) feet vertical and horizontal distance from the roof line or overhang a structure shall be abated. Any tree limbs and branches identified as a fire hazard within 5 feet of a structure shall be abated.
g. All litter generated from clearing and trimming shall be properly disposed of within ten (10) days, except that any logs infested with bark beetles or GSOB shall be treated prior to removal as recommended by the California Department of Forestry or a qualified tree expert.
h. Firewood and combustible material stored and for consumption on residential property shall be neatly stacked free from accumulations of pine needles and other 107

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debris. Firewood that is used for private consumption is limited to five (5) cords.

Firewood shall be stored in a weather resistant structure and or covered in a fire resistant fabric at all times. Firewood should be stacked away from the drip line of trees.

i. All pine needles and leaves shall be removed from within five (5) feet of a structure.

Exception: Greater than 5 feet from a structure, up to two (2) inches of duff layer (dark layer of decomposing needles and leaves) may remain to prevent soil erosion and promote soil health.

Sections 604.6.2 is added to read:
604.6.2 Native Brush, Shrubs and Other Highly Flammable Vegetation and Outdoor Storage and Uses.
604.6.2.1 Requirements for Shrubs on Properties. Native brush or other highly flammable vegetation shall not be planted or maintained within fifteen (15) feet of any building or structure, including, without limitation, any deck or patio and within twenty (20) feet of roads, streets, highways, driveways, and parking lots. All owners of any real property shall be required to fully comply w1th this provision by abating the offending native brush and shrub, which shall be considered a nuisance.
a. All native brush, shrubs and other highly flammable vegetation shall be installed and maintained in a manner that minimizes fire risk, including, without limitation, by removing dead branches and twigs at all heights, pruning the lower 25% of branches, and selectively pruning to reduce the density of the plant. b. Native brush or other highly flammable vegetation shall be installed and maintained with horizontal spacing such that the space between two shrubs (horizontally) shall be a minimum of two times the height of the tallest shrub. Individual shrubs or groups of shrubs clumped together shall be modified so that their diameter does not exceed fifteen (15) feet. Groups of shrubs clumped together with a diameter of fifteen (15) feet or less shall be treated as a single plant.
c. Subsections B, C, and D of this Section shall not apply to an isolated shrub or shrubs that have been heavily modified by thinning and pruning up, nor to activities within the boundaries of a plant conservation easement area that do not, in the opinion of the fire chief, or his or her designee, constitute a fire hazard. In deciding whether such shrub or shrubs constitute a fire hazard, the fire chief, or his or her designee, shall consider: (i) the proximity of the shrub(s) to other buildings or structures; (ii) the types of shrub(s) involved; (iii) the potential threat of the shrub(s) to the public health, welfare and safety; and (iv) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.
d. Cut and/or thinned vegetation shall be disposed of no later than ten (10) days after cutting.
604.6.2.2 Definitions/ Administration and Enforcement.
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a. For the purposes of this Section, these following terms shall be defined as follows:

1. Modify or abate shall mean any action that physically affects a plant, ranging from pruning or thinning to complete removal (other than the removal of the root ball);

2. Native brush shall be defined as Manzanita (arctostaphylos patula), Service Berry, Mountain Whitethorn, Sage and Mountain Mahogany (cercocarpus ledifolius) (brush form) (commonly known in Big Bear Valley as Ironwood), as well as such other species as the fire chief, or his or her designee, may, from time to time, determine constitutes a fire hazard. In making such a determination, the fire chief shall consider, without limitation, the following: (i) the type of native brush and/or shrub species the fire chief, or his or her designee, is considering adding to the definition of "native brush" and whether such species is threatened or endangered; (ii) the fire, health or safety hazard of such native brush and/or shrub species to the territory of the Authority and the surrounding community; (iii) the ability of the native brush and/or shrub species to damage neighboring . property; (iv) the ability of the native brush and/or shrub species to adversely impact the health, safety or welfare of persons and/or property; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare;

3. Highly Flammable Vegetation shall be defined as any ornamental shrub, tree or plant, other than native brush, which is known to exhibit high flammability due to its high oil or resin content and/or is prone to the production of large amounts of dead leaves or other foliage within or under the plant. Examples of highly flammable vegetation include, but are not limited to, ornamental juniper species, ornamental cypress species, Spanish Broom, Scotch Broom and rosemary;

4. "Owner" means any person, firm, corporation or entity, including without limitation, any homeowner's association that has any legal or equitable interest in real property, as shown on public records. In the event real property is leased or rented, the lessee or tenant shall be responsible for all obligations imposed on any owner under this chapter;

5. "Shrubs" means a woody plant smaller than a tree, usually having multiple permanent stems branching from or near the ground. Shrubs include, without limitation, native brush;

6. "Vacant lot(s)" means a parcel(s) of property currently undeveloped or unimproved by any building or structure.
b. The fire chief, or designee, shall enforce the provisions of this chapter with respect to any and all properties as he or she deems necessary for the public health, safety and 109

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welfare. In making such a determination, the fire chief, or his or her designee, shall consider: (i) the proximity of the brush and/or shrubs to other buildings or structures; (ii) the types of brush and/or shrubs involved; (iii) the potential threat of the brush and/or shrubs to the public health, welfare and safety; (iv) the determination of any other public agencies as to the fire danger of the area; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

Any public official or person designated to administer or enforce this chapter shall be authorized to enter upon private property in order to conduct an inspection, post notices, perform abatement/modification, or any other action necessary or convenient to the administration and enforcement of this chapter. In the event a judicial warrant is required, such person or designee shall obtain a warrant pursuant to the California Code of Civil Procedure, Sections 1822.50 et seq.
604.6.2.3 Environmental Exemptions. The modification of brush or shrubs, as described in this Section, shall be exempt from the provisions of this chapter if any or all of the following would occur:
a. The activities would result in the taking of endangered, rare, or threatened plant or animal species. By way of example, and not by way of limitation, the following species of plant are, as of the date of the ordinance adopting this chapter, not threatened or endangered and are subject to the provisions of this chapter:

1. The arctostaphylos patula species of Manzanita;

2. The cercocarpus ledifolius species of Mountain Mahogany (brush form) (commonly known in Big Bear Valley as Ironwood);

3. Sage species that occur in the Big Bear Valley.
b. The activities would result in significant erosion and sedimentation of surface waters.

The owner of each piece of real property shall, when performing modifications required by this chapter, keep soil disturbance to a minimum, especially on steep slopes. Erosion control techniques such as leaving root balls intact, minimizing use of motorized equipment, and covering exposed disturbed soil areas with mulch or similar materials shall be employed in order to help reduce soil erosion and plant re-growth. 604.6.2.4 Exceptions.
a. Nurseries and other similar agricultural and/or horticultural uses shall be exempt from this chapter, provided the fire chief, or his or her designee, shall have the discretion to enforce the provisions of this chapter with respect to such businesses as he or she deems necessary to promote the public health, safety and welfare as it relates to fire safety and/or the health of the forest. In using his or her discretion, the fire chief, or his or her designee, shall consider: (i) the health of the brush and/or shrubs involved; (ii) whether the brush and/or shrubs pose a risk to the public health, safety or welfare of the community; (iii) the type of brush and/or shrubs involved: (iv) the owner's maintenance activities involving the brush and/or shrubs; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.
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b. Up to two inches of dead pine needles, leaves and other soils amendments for soil replenishment and forest safety may be permitted, when in the opinion of the fire chief, or his or her designee, they do not constitute a fire hazard. In deciding whether they present a fire hazard, the fire chief, or his or her designee, shall consider:
c. The proximity of the pine needles and leaves to buildings or structures; d. The height of the lower branches of shrubbery from the ground; e. The condition of the shrubbery, (e.g., free from dead and dying limbs and leaves); f. The sectioning of the shrubbery; and
g. Any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.
604.6.2.5 Protection of Sensitive Biological Resources. a. Should any owner receive a NOTICE TO ABATE form that mandates the modification of native brush or shrubs other than the following shrub species: Juniper, Spanish Broom or native brush species: Manzanita, Service Berry, Mountain Whitethorn, Sage, or Mountain Mahogany and the property falls within the potential sensitive shrub resource area (as set forth in the Authority's official records, and which may be amended from time to time), a sensitive plant survey will be required for the property prior to any abatement activities. If it is unclear whether a particular property falls within the potential sensitive shrub resource area or whether or not sensitive plant surveys are required, the owner must contact the Authority or the City of Big Bear Lake Planning Department. The City's Planning Department or Authority shall provide requesting owners with a list of qualified surveyors, which list may be updated or revised at the discretion of the City or Authority. Ideally, sensitive plant surveys should be conducted between June and August to encompass the blooming periods of those sensitive plants that are the most difficult to detect outside the blooming period; however, the sensitive plant survey can be conducted during other parts of the year (aside from periods when snowfall is covering the ground) if necessary. Upon completion of the survey, the surveyor shall advise the owner as to any known or potential sensitive plants that should be avoided during abatement activities. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to the owner and the Planning or Fire Departments. The owner shall not conduct any modification without prior written approval of the City or Authority. All surveys required by this subsection shall be conducted within a reasonable time as determined by the fire chief, or his or her designee.
b. If any native brush modification is required for more than twenty (20) shrubs and vegetation modification activities cannot be performed outside the nesting season (typical nesting season is March 15 through August 15), a nesting bird survey shall be performed less than one week prior to vegetation modification activities. Should the owner be required to conduct a nesting bird survey, he or she shall contact the Authority or the City of Big Bear Lake Planning Department for a list of qualified nesting bird surveyors, which list may be updated or revised at the discretion of the Fire Authority or the City. Upon completion of the survey, the surveyor shall advise the owner as to any shrub(s) containing nesting birds that should not be modified until the completion of the nesting cycle. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to 111

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Ordinance No. 2025-xxx
the owner and the Planning and/or Fire Departments. The owner shall not conduct any modification without prior written approval of the City or Authority. All surveys required by this subsection shall be conducted within a reasonable time as determined by the fire chief, or his or her designee.
c. Any owner receiving a NOTICE TO ABATE form (for any number of shrubs) will also receive a pamphlet pertaining to providing protection for nesting birds. The pamphlet will describe the Migratory Bird Treaty Act, and suggest that if vegetation modification will occur during the nesting season (March 15 through August 15), owners need to check for the presence of active bird nests and avoid modification of any vegetation containing an active bird nest (or vegetation within twenty-five (25) feet of the active bird nest) until the young have fledged.
604.6.2.6 Hazardous Trees. The provisions of this chapter shall apply to any live or dead tree which constitutes a fire, health or safety hazard or which may endanger or injure neighboring property, or the health, safety or well-being of persons or property; and it shall be the duty of every owner, occupant and person in control of any land or interest therein to abate.
604.6.2.7 Outdoor Storage and Uses.
a. The outdoor storage of any materials or equipment, including but not limited to; lumber, construction materials, inoperable vehicles, auto parts, household appliances, pipe, drums, machinery, furniture, or trash is prohibited when, in the opinion of the Fire Code Official, the materials or conditions would cause an impediment to firefighting or other emergency efforts.
b. No open storage shall be permitted in any required front or side yards adjacent to a street or highway in residential zones.

Section 6. All former ordinances or parts conflicting or inconsistent with the provisions of this ordinance or any other ordinances in conflict herewith are hereby repealed.

Section 7. If any provisions of this ordinance or application thereof to any person or circumstances are held invalid, this invalidity shall not affect other applications of this ordinance which can be given effect without the invalid provision or applications, and to this end, the provisions of this ordinance are declared to be severable. This ordinance shall be liberally construed to achieve the purposes of this ordinance and to preserve its validity.

Section 8. The City Council hereby finds and determines that adoption of this ordinance updates existing building and safety standards which are previously adopted in substantial form. Thus, the adoption of this ordinance is not considered a “project” subject to the California Environmental Quality Act (CEQA), pursuant to section 15378 of the State CEQA Guidelines.

Section 9. Effective Date. This ordinance shall become effective thirty (30) days following its adoption. The Codes and amendments to the Codes adopted hereunder shall take effect on January 12, 2026.

Section 10. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and 112

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Ordinance No. 2025-xxx
adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days following the passage of this Ordinance, the Ordinance, or summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be posted in at least three (3) public places in the City in lieu of publication unless publication is requested by the City Council or otherwise required by law.

PASSED, APPROVED AND ADOPTED this 10th day of December, 2025 AYES:

NOES:

ABSTAIN:

ABSENT:

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2025- xxx is a full, true and correct original of Ordinance No. 2025-xxx of the City of Big Bear Lake, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, REPEALING SECTIONS 1, 2, 3, 6, AND 8 OF ORDINANCE 2022-508 AND AMENDING TITLE 15 OF THE BIG BEAR

LAKE MUNICIPAL CODE PERTAINING TO THE CONSTRUCTION
AND MAINTENANCE OF BUILDINGS BY ADOPTING THE 2025
CALIFORNIA BUILDING STANDARDS CODE AS FOUND IN TITLE 24

OF THE CALIFORNIA CODE OF REGULATIONS COMPRISING THE
CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, AND APPENDICES B, H, I, & J OF VOLUME 2, 2025 EDITION; THE CALIFORNIA
WILDLAND-URBAN INTERFACE CODE AND APPENDIX C, 2025
EDITION; THE CALIFORNIA RESIDENTIAL CODE AND APPENDIX
BF, 2025 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2025
EDITION; THE CALIFORNIA MECHANICAL CODE, 2025 EDITION;
THE CALIFORNIA PLUMBING CODE, 2025 EDITION; THE
CALIFORNIA ENERGY CODE, 2025 EDITION; THE CALIFORNIA
113

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Ordinance No. 2025-xxx
HISTORICAL BUILDING CODE, 2025 EDITION; THE CALIFORNIA
GREEN BUILDING STANDARDS CODE, 2025 EDITION; THE
CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION; THE
CALIFORNIA REFERENCE STANDARDS CODE, 2025 EDITION; THE
CALIFORNIA ADMINISTRATIVE CODE, 2025 EDITION; AND THE

CALIFORNIA FIRE CODE AND APPENDICES B, BB, C, CC, D, H, I, & J, AND ERRATA, 2025 EDITION.
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of said Council on the 10th day of December, 2025, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2025-xxx was duly and regularly published according to law and the order of the City Council and circulated within said City.

Erica Stephenson, City Clerk
114

NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Community Development Manager County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900 Project Title:
2025 State Building Codes adoption and amendment Ordinance Project Location - Specific:

Citywide
Description of Project:

Not a “project”. Adoption of an Ordinance adopting and amending State Building Codes regulating building construction activities throughout the City.

Name of Public Agency Approving Project:

City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project:

City of Big Bear Lake, Community Development Manager
Exempt Status: (check one) (State type and section number) XX Categorically Exempt
Section: 15378
Reasons why project is exempt:

This Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This Ordinance is an administrative report that, by itself, authorizes no development or any discretionary action, and therefore is exempt CEQA as it does not constitute a project.

Lead Agency or Contact Person: Area Code/Telephone/Extension Andrew Mellon, Community Development Manager (909) 866-5831 Date: December 10, 2025
Signature:
______________________________
Andrew Mellon
Community Development Manager
Item 2.1
Attachment 2
115

MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Andrew Mellon, Community Development Manager
SUBJECT: Introduction of an Ordinance Approving Development Code Amendment 2025- 0005, Updating the City’s Temporary Non-Commercial Signs Regulations

BACKGROUND & DISCUSSION
Title 17 of the Big Bear Lake Municipal Code (BBLMC) is known as the Development Code and it was adopted by the City Council in 2003. The Development Code contains all regulations of the City of Big Bear Lake pertaining to land use, requirements and standards for the development of buildings, structures, and improvements within the City. One of the subjects included within the Development Code is temporary non-commercial signs, which would include signs that are expressive in nature and are not tied to a commercial entity, including signs for political, charitable, philanthropic, or cultural purposes, amongst others.

Given the evolving nature of regulatory frameworks and local conditions, it is periodically necessary to review and amend various sections of the Development Code. In response to recurring questions from the public regarding the placement and posting of temporary political signs during local election season, as well as to improve the efficiency of reviewing potential violations, an amendment to the aforementioned section of the Development Code is proposed. This amendment aims to clarify procedures and streamline the review process for political sign violations, ensuring a more effective and responsive approach to enforcement.

Development Code Amendment (DCA) 2025-0005 is a City-initiated proposal to amend Section

17.12.050 of the Development Code by removing subparagraph (R), related to temporary noncommercial signs and moving it to newly created Chapter 12.92 within Title 12, Division II of the BBLMC. DCA 2025-0005 is proposed with the intent of addressing and clarifying the regulations and enforcement pertaining to the placement of political signs.

As the Development Code currently reads, the oversight of these signs, and any concerns related to them, are under the purview of the Planning Commission. The regulations further stipulate a process and procedure for investigation and enforcement of signs that may not be placed in accordance with the regulations. The procedure, at present, is cumbersome as it requires a 10-day notice to the property owner to remove the sign and should the sign not be removed, Code Enforcement staff then must schedule a public hearing with the Planning Commission to make a determination on the validity of the sign. Throughout this process, the Development Code allows the sign to remain in place until a determination as to the validity of the sign posting is made by Item 2.2
116
the Planning Commission. The sign may only be removed at the direction of the Planning Commission. The scheduling of a public hearing takes approximately thirty (30) to forty-five (45) days due to meeting frequency and public noticing requirements. Based upon these requirements, the burden on the City to schedule, organize, and conduct a Planning Commission hearing for each potential sign code violation is both inefficient and impractical. This section of the Development Code also includes standards related to the placement of the signs, including sizing of signs, quantity of signs, and other placement standards; however, no changes are proposed to those regulations through this action.

The proposed DCA seeks to streamline the enforcement process by transferring reviewing authority from the Planning Commission to the City Manager or their designee. This amendment will standardize and streamline City practices regarding enforcement of temporary, noncommercial signs including those signs placed illegally on private property. This only applies to signs on private property as the City may remove unpermitted signs from the public right of way without notice or hearing. The review of the signs and any potential violations is limited to its compliance with the established regulations and not to the content of the sign as it relates to political figures, positions, or preferences or other causes.

On November 19, 2025, staff presented the proposed DCA to the Planning Commission at a noticed Public Hearing. The DCA, as developed by staff, proposed to move this item from Title 17, Development Code, to Title 12, Streets, Sidewalks, Public Places and Parks, of the Big Bear Lake Municipal Code. The proposed DCA would allow the sign to remain in place, require a similar ten-day notice to the property owner, and change the hearing officer from the Planning Commission to the City Manager or their designee. The intent of the change from the Planning Commission to the City Manager or their designee, is to allow for timely hearing and determination on these matters, given the generally short window in which political campaigns and elections occur.

The Planning Commission reviewed the proposed DCA, conducted a public hearing to receive public testimony, asked questions and provided comments and feedback. The Planning Commission was in favor of the proposed DCA but recommended a more stringent approach than staff had recommended. The Planning Commission proposed amending the language to allow for the immediate removal of any sign believed to be in violation. Further, upon removal of the sign in question, Code Enforcement staff would then issue a ten-day notice to the property owner providing information about the violation, the removal of the sign, and the ability to file an appeal.

All appeals would be subject to an appeal fee, in accordance with the City’s Master Fee Schedule, and would be heard by the City Manager or their designee within thirty-days. Should the appeal not be successful and the sign was found to be in violation, the owner of the sign would have then (10) days to retrieve the sign from the City or it would be disposed of. Exhibit A to the attached Ordinance shows the complete language as recommended by the Planning Commission and reviewed by the City Attorney.

Required Findings
The action of the Planning Commission on November 19, 2025, also affirmed the required findings for a Development Code Amendment, as provided under section 17.03.200.F of Title 17, as follows:

1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan.
117

2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare.

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof.

4. The proposed Development Code amendment is reasonable and beneficial at this time.

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of this ordinance.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with Strategic Priority Goal No 5, to “preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.”

ENVIRONMENTAL DETERMINATION
The requested action is not considered a “project” under Public Resources Code Section 21065, and is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15061(b)(3), the “common sense exemption.” This section states “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

RECOMMENDED ACTION
It is recommended that the City Council conduct a public hearing to hear any and all testimony, read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake Approving Development Code Amendment 2025-0005 Proposing an Amendment to Section 17.12.050 Regarding Temporary Non-Commercial Signs by Removing Subparagraph (R) and Placing Revised Regulations for Non-Commercial Signs in the Newly Created Chapter 12.92 of Division II of Title 12 of the Big Bear Lake Municipal Code; and finding this Amendment Exempt from the California Environmental Quality Act.

ATTACHMENTS

1. Ordinance No. 2025-xxx (including Exhibit A- Recommended Text Changes)

2. Planning Commission staff report, dated November 19, 2025 118
ORDINANCE NO. 2025-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE APPROVING DEVELOPMENT CODE AMENDMENT 2025-0005
PROPOSING AN AMENDMENT TO SECTION 17.12.050 REGARDING

TEMPORARY NON-COMMERCIAL SIGNS BY REMOVING

SUBPARAGRAPH (R) AND PLACING REVISED REGULATIONS FOR

NON-COMMERCIAL SIGNS IN THE NEWLY CREATED CHAPTER

12.92 OF DIVISION II OF TITLE 12 OF THE BIG BEAR LAKE

MUNICIPAL CODE AND FINDING THIS AMENDMENT EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Big Bear Lake, California (the “City”) is a municipal corporation and charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code section 65800, et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing a city’s general plan; and
WHEREAS, the City has adopted a Development Code by Ordinance 2003-333. The Development Code contains provisions to allow amendments in Section 17.03.200; and WHEREAS, on November 19, 2025, the Planning Commission of the City of Big Bear Lake considered Development Code Amendment 2025-0005 filed by the City of Big Bear Lake, to extract subparagraph (R) in Section 17.12.050 and relocate it to the newly created Chapter 12.92 of Division II of Title 12 of the Big Bear Lake Municipal Code; and WHEREAS, the Planning Commission recommended to the City Council to amend the new Chapter 12.92 to require more stringent removal requirements of illegally placed signs; and WHEREAS, section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, the public notice of the public hearing for Development Code Amendment 2025- 0005 (the Application) was published in The Grizzly on November 27, 2025; and WHEREAS, on December 10, 2025, the City Council conducted a duly noticed public hearing on the Application; and
WHEREAS, the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a Item 2.2
Attachment 1
119
significant effect on the environment. The proposed amendment would not directly result in any physical development, nor will the proposed amendment result in any change to the built-out environment as envisioned by the General Plan or Development Code. Therefore, the proposed Development Code Amendment is not a “project” under Public Resources Code section 21065, and, is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this ordinance, are true and correct and are incorporated herein.

Section 2. The City Council hereby finds that the Application is not a “project” under Public Resources Code section 21065, and, in the alternative, are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and Section 3. Based on the evidence for the Application presented to the City Council during the December 10, 2025, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds, pursuant to §17.03.200, et.al that the following circumstances exist:

1. The proposed Development Code Amendment conforms with the goals, objectives and policies of the General Plan, Land Use Program L 1.2.1 which promotes the revision and adoption of amendments to the City’s Development Code, sign ordinance and other regulatory documents to ensure conformance with the General Plan. The proposed amendment would modify Section 17.12.050 of the Development Code with the intent to streamline certain administrative procedures related to temporary, non-commercial signs.

The proposed amendment will not result in any change to the built-out environment as envisioned by the General Plan or Development Code. As such, the proposed amendment can be found in conformance with the General Plan.

2. The proposed Development Code Amendment is necessary to remove unnecessary administrative burdens related to determination of potential violations with respect to political signs and to standardize and streamline the review of such temporary noncommercial signs. Additionally, the proposed Development Code Amendment is necessary to implement the General Plan and to provide for public safety, convenience and/or general welfare.

3. The proposed Development Code Amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof. Development 120
Code Section 17.12.050 that is proposed to be amended as well as creation of the new Chapter 12.92 of Division II of Title 12 in the Big Bear Lake Municipal Code has been thoroughly evaluated to ensure the practicality and enforceability of this amendment. The amendment has been initiated by the City to streamline regulations pertaining to enforcement on temporary non-commercial signs.

4. The Development Code Amendment is reasonable and beneficial at this time because the City has been experiencing an increase in the frequency of complaints and possible violations related to temporary, non-commercial signs during local election season.

Therefore, it is the City’s desire to amend the Development Code at this time to avoid unnecessary administrative processing time and streamline the review process.

Section 4. Based on the findings and conclusions as set forth in Sections 1, 2, and 3, above, the City Council hereby approves Development Code Amendment 2025-0005, finding the amendment exempt from the California Environmental Quality Act and adopting an Ordinance amending Section 17.12.050 regarding Temporary Non-Commercial Signs by removing subparagraph (r) and placing revised regulations for Temporary Non-Commercial Signs in the newly created Chapter 12.92 of Division II of Title 12 of the Big Bear Lake Municipal Code as shown in attached Exhibit A.

Section 5. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days following the passage of this Ordinance, the Ordinance, or summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be posted in at least three (3) public places in the City in lieu of publication unless publication is requested by the City Council or otherwise required by law.

PASSED, APPROVED AND ADOPTED this 11th day of February, 2026.

Mayor
ATTEST:

Erica Stephenson, City Clerk
121

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2025-xxx is a full, true and correct original of Ordinance No. 2025-xxx of the City of Big Bear Lake entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE APPROVING DEVELOPMENT CODE AMENDMENT 2025-0005
PROPOSING AN AMENDMENT TO SECTION 17.12.050 REGARDING

TEMPORARY NON-COMMERCIAL SIGNS BY REMOVING

SUBPARAGRAPH (R) AND PLACING REVISED REGULATIONS FOR

NON-COMMERCIAL SIGNS IN THE NEWLY CREATED CHAPTER

12.92 OF DIVISION II OF TITLE 12 OF THE BIG BEAR LAKE

MUNICIPAL CODE AND FINDING THIS AMENDMENT EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 11th day of February, 2026, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2025-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk
122

ORDINANCE EXHIBIT A

REDLINE VERSION
Proposed Text Changes to Development Code Amendment 2025-0005 Proposed changes for the affected sections of the Municipal Code are shown in underline for added language and strikethrough for deleted text, below:

DEVELOPMENT CODE (MUNICIPAL CODE, TITLE 17)
SECTION 17.12.050
R. Temporary non-commercial signs. The city finds that there is a need to provide for certain temporary non-commercial signs in order to provide opportunities for free expression. The city further finds that it is necessary to regulate the number, size and location of such signs in order to reduce visual clutter and debris throughout the city. All temporary non-commercial signs including, but not limited to religious, charitable, civic, homeowner association, educational, political or cultural posters or special events of civic, philanthropic, educational or religious purposes when in conformance with the following provisions:

1. Development Standards. Temporary non-commercial signs shall be exempt only if they conform to all of the following standards:
a. Maximum size of the sign shall not exceed thirty-two (32) square feet and the top of the sign shall not be placed higher than eight feet above grade. b. Special event signs shall not be posted for more than thirty (30) days prior to and ten (10) days after such event, except that political signs shall be exempt from the requirement that they may not be posted more than thirty (30) days prior to an election. c. Such signs shall not be permitted to be stuck, glued, painted, pasted, posted, nailed, stapled or otherwise affixed to any public property, publicly owned sign, public appurtenance, utility pole, fire hydrant, tree, boulder, or other natural feature, and may not be placed within the public rightof-way. d. Such temporary non-commercial signs shall not obscure traffic signs and signals nor block motorists' line of sight.
e. It shall be unlawful to attach, connect or otherwise affix any sign to another permanent or temporary sign, or direct, permit or allow such action, without the permission of the owner of the permanent or temporary sign.
f. Property owner permission shall be obtained for erection of temporary signs, provided that written evidence of such permission need not be submitted to the city prior to erection of the signs. g. No more than three signs or ninety-six (96) cumulative square feet of temporary non-commercial signage may be erected on any single parcel of land. Signs shall be spaced accordingly to ensure visibility of all signs on the site and to maintain clear vehicle sight distance.

Item 2.2
Exhibit A
123
h. Such temporary non-commercial sign shall contain information about the individual or organization which owns or has erected the sign, along with the address or phone number of such entity.
i. Such temporary non-commercial signs shall not be illuminated. j. Such temporary non-commercial signs shall incorporate the applicable design standards set forth for all signs.

2. Violation. Except as otherwise provided herein, upon a determination of any violation of the provisions of this subsection regulating all temporary non-commercial signs, the enforcement officer shall send notification in writing to the owner of such sign, if such owner is known, stating that the sign has been determined to be illegally erected and requiring its removal within ten (10) days of the date of such written notice. If a potential violation of this subsection is identified with respect to political signs prior to an election, the enforcement officer shall schedule the matter for public hearing by the planning commission for a decision as to whether a violation has occurred.

Upon determination that a violation exists with respect to any temporary non-commercial sign, if the sign is not removed within the specified time period, the enforcement officer may cause the sign to be removed, and shall notify the sign owner in writing of any sign removal, stating the location where his or her sign is being held and that it will be destroyed if not claimed by the owner within ten (10) days after the date of such notice. In the event that the owner does not claim such sign within the ten (10) day period, the enforcement officer may destroy or otherwise dispose of such sign. The owner of the sign shall reimburse the city for the actual costs of removing, storing, and destroying or otherwise disposing of the sign.

3. Removal of Signs. No person shall remove, destroy, relocate, or otherwise disturb any lawfullyerected temporary non-commercial sign, or direct, permit or allow such removal, destruction, relocation or disturbance, without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be presumed that the committee who has registered with the Secretary of State to support a position on a ballot proposition is the party who erected the sign taking the position on the ballot measure. Nothing in this subsection shall prohibit the owner of a piece of property, or his or her authorized representative, from removing a sign from his or her property when the temporary non-commercial sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the enforcement officer or other authorized representative of the city from taking action to abate sign violations.

Please see Chapter 12.92 of the Municipal Code.

RS. Vehicle signs. When affixed to registered and operable vehicles, provided that the vehicle is not parked in a required private or public parking space adjacent to a public right-or-way for the primary purpose of advertising. Any sign required by state law or local ordinance to be affixed to a vehicle, or signage required to protect public health, safety and welfare, is also exempt.

ST. Window signs. Window signs not exceeding twenty-five percent (25%) of the window area or one square foot for every lineal foot of building wall on which the window is located, whichever 124
is less, and located on first-floor windows. Sign copy shall be measured by the smallest rectangle or other geometric shape within which the copy can be enclosed. 125
MUNICIPAL CODE, TITLE 12
CHAPTER 12.92 (EXEMPTIONS FROM SIGN PERMIT PROGRAMS – TEMPORARY

NON-COMMERCIAL SIGNS)
A. Temporary non-commercial signs. The city finds that there is a need to provide for certain temporary non-commercial signs in order to provide opportunities for free expression. The city further finds that it is necessary to regulate the number, size and location of such signs in order to reduce visual clutter and debris throughout the city. All temporary non-commercial signs including, but not limited to religious, charitable, civic, homeowner association, educational, political or cultural posters or special events of civic, philanthropic, educational or religious purposes when in conformance with the following provisions:

1. Development Standards. Temporary non-commercial signs shall be exempt only if they conform to all of the following standards:
a. Maximum size of the sign shall not exceed thirty-two (32) square feet and the top of the sign shall not be placed higher than eight feet above grade. b. Special event signs shall not be posted for more than thirty (30) days prior to and ten (10) days after such event, except that political signs shall be exempt from the requirement that they may not be posted more than thirty (30) days prior to an election. c. Such signs shall not be permitted to be stuck, glued, painted, pasted, posted, nailed, stapled or otherwise affixed to any public property, publicly owned sign, public appurtenance, utility pole, fire hydrant, tree, boulder, or other natural feature, and may not be placed within the public rightof-way. d. Such temporary non-commercial signs shall not obscure traffic signs and signals nor block motorists' line of sight.
e. It shall be unlawful to attach, connect or otherwise affix any sign to another permanent or temporary sign, or direct, permit or allow such action, without the permission of the owner of the permanent or temporary sign.
f. Property owner permission shall be obtained for erection of temporary signs, provided that written evidence of such permission need not be submitted to the city prior to erection of the signs. g. No more than three signs or ninety-six (96) cumulative square feet of temporary non-commercial signage may be erected on any single parcel of land. Signs shall be spaced accordingly to ensure visibility of all signs on the site and to maintain clear vehicle sight distance. h. Such temporary non-commercial sign shall contain information about the individual or organization which owns or has erected the sign, along with the address or phone number of such entity.
i. Such temporary non-commercial signs shall not be illuminated. j. Such temporary non-commercial signs shall incorporate the applicable design standards set forth for all signs.

2. Violation. Except as otherwise provided herein, upon a determination of any violation of the 126
provisions of this subsection regulating all temporary non-commercial signs, the enforcement officer shall immediately remove the sign and send notification in writing to the owner of such sign, if such owner is known, stating that the sign has been determined to be illegally erected, has been removed, and requiring its retrieval within ten (10) days of the date of such written notice.

The written notice of violation provided to the owner shall provide the information about the violation, the removal of the sign, and the ability to file an appeal. An owner, within ten (10) days of receiving such written notice, may file an appeal on a City-approved appeal form and pay the appropriate appeal filing fee pursuant to the Master Fee Schedule. If such appeal is properly and timely filed, a hearing shall be scheduled before the City Manager or designee within thirty (30) days after the receipt of the appeal. The owner may waive the public hearing. The owner shall be given at least five (5) business days’ notice of the time and place of the public hearing.

If a potential violation of this subsection is identified with respect to political signs prior to an election, the enforcement officer shall immediately remove the sign and schedule the matter for public hearing by the City Manager or designee for a decision as to whether a violation has occurred. Such public hearing shall be scheduled within thirty (30) days after the issuance of the violation. The written notice of violation provided to the owner shall provide the information about the violation, the removal of the sign, and the pending public hearing. The owner may choose to waive the public hearing. The owner shall be given at least five (5) business days’ notice of the time and place of the public hearing. Upon determination that a violation exists with respect to any temporary non-commercial sign, the enforcement officer may cause the sign to be retrieved by the owner or owner’s agent, and shall notify the sign owner in writing, stating the location where his or her sign is being held and that it will be destroyed if not claimed by the owner within ten (10) days after the date of such notice. In the event that the owner does not claim such sign within the ten (10) day period, the enforcement officer may destroy or otherwise dispose of such sign. The owner of the sign shall reimburse the city for the actual costs of removing, storing, and destroying or otherwise disposing of the sign.

3. Removal of Signs. No person shall remove, destroy, relocate, or otherwise disturb any lawfullyerected temporary non-commercial sign, or direct, permit or allow such removal, destruction, relocation or disturbance, without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be presumed that the committee who has registered with the Secretary of State to support a position on a ballot proposition is the party who erected the sign taking the position on the ballot measure. Nothing in this subsection shall prohibit the owner of a piece of property, or his or her authorized representative, from removing a sign from his or her property when the temporary non-commercial sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the enforcement officer or other authorized representative of the city from taking action to abate sign violations.
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Community Development Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com DATE: November 19, 2025
TO: Planning Commission
FROM: Garret Brosky, Associate Planner
SUBJECT: Development Code Amendment for Temporary Non-Commercial Signs LOCATION: Citywide

RECOMMENDED ACTION(S)
Staff has prepared an analysis of Development Code language related to temporary noncommercial signs and recommends the Planning Commission:

1. Receive the staff presentation; and

2. Hold a public hearing and take public testimony; and

3. Find that the adoption of the proposed ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines; and

4. Adopt a resolution recommending that the City Council approve Development Code Amendment 2025-0005 to Section 17.12.050 of the Development Code regarding temporary non-commercial signs by removing subparagraph (R) and placing revised regulations for non-commercial signs in newly created Chapter 12.92 of Division II of Title 12 of the Big Bear Lake Municipal Code.

APPLICATION INFORMATION
Development Code Amendment (DCA) 2025-0005 is a City-initiated application.

PLANNING COMMISSION AUTHORITY
In accordance with Section 17.03.200.D of the Development Code, the Planning Commission shall conduct a public hearing and render a recommendation to the City Council.

Item 2.2
Attachment 2
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Development Code Amendment DCA 2025-0005
Planning Commission Date: November 19, 2025

Page 2 ends

PROJECT DESCRIPTION
Development Code Amendment (DCA) 2025-0005 is a City-initiated proposal to amend Section

17.12.050 of the Development Code by removing subparagraph (R), related to temporary noncommercial signs and moving it to newly created Chapter 12.92 of Division II of Title 12 of the Big Bear Lake Municipal Code. DCA 2025-0005 is proposed with the ultimate goal of addressing and clarifying the questions enforcement staff receive related to the placement and posting of temporary political signs during the local election season.

There are no physical developments directly associated with this amendment. The proposed amendments will not result in any change to the built-out environment as envisioned by the General Plan or Development Code. Staff proposes that the Planning Commission recommend to the City Council:
• Removal of subparagraph (R) of Section 17.12.050 of the Development Code; and • Creation of Chapter 12.92 within Division II of Title 12 of the Municipal Code and relocation of aforementioned subparagraph (R) to the newly created Chapter 12.92 in the Municipal Code.

BACKGROUND
The City’s Development Code was adopted by the City Council on October 8, 2003. Given the evolving nature of regulatory frameworks and local conditions, it is periodically necessary to review and amend various sections of the code. In response to recurring questions from the public regarding the placement and posting of temporary political signs during local election season, as well as to improve the efficiency of reviewing potential violations, an amendment to the aforementioned section of the Development Code is proposed. This amendment aims to clarify procedures and streamline the review process for political sign violations, ensuring a more effective and responsive approach to enforcement.

PROPOSED AMENDMENTS
Subparagraph (R)(2) of Section 17.12.050 outlines procedures for determining whether a potential violation involving political signs exists prior to an election. This process includes providing a 10-day written notice to the owner of the sign and requiring removal of the sign within 10 days of notification. Currently, if an enforcement officer identifies a potential violation, the officer must then schedule a public hearing before the Planning Commission for a final determination on whether a violation has occurred. However, the burden on the City to schedule, organize, and conduct a Planning Commission hearing for each potential sign code violation is both inefficient and impractical.

The proposed development code amendment seeks to streamline the enforcement process by transferring reviewing authority from the Planning Commission to the City Manager or their designee. This amendment will standardize and streamline City practices regarding enforcement of temporary, non-commercial signs including those signs placed illegally on private property.
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CONSISTENCY ANALYSIS
General Plan
When the General Plan was adopted, the elements within focused on protection, beautification and identification of possible nuisances to the existing landscape. The General Plan stated that regulatory documents shall be updated in order to facilitate a more harmonious interaction between residents, businesses and government. Part of this facilitation involves protection of the public realm through the modification of existing ordinances and codes.

The project is consistent with the General Plan policies contained in the Land Use, Community Design and Public Services, as described in the table that follows.

POLICY # SUMMARY OR INTENT CONSISTENCY ANALYSIS
Goal CD 2
Enhance a "sense of place" within
Big Bear Lake by emphasizing the
City's environmental setting, natural
amenities, gateways, landmarks
and boundaries.

Signs of all types are notorious for visually interfering with natural, environmental settings. This is
especially noticeable within a rural, mountain
community such as Big Bear Lake. The proposed
amendment will alleviate and mitigate potential
visual clutter and help consolidate placement of
allowable temporary, non-commercial signs.

Program L 1.2.1
Revise and adopt amendments to
the City's Development Code,
Zoning Map, Village Specific Plan,
sign ordinance and other
documents as needed to ensure
conformance of these provisions
with the General Plan.

This proposal fulfills the intent of this General Plan
program by updating and clarifying the Development
Code while maintaining internal consistency with the
General Plan.

Program PS

8.1.7 Provide enforcement services to
ensure compliance with municipal
codes and ordinances, to protect
public health and safety, preserve
property values and maintain a
clean and orderly environment for
City residents.

The proposed amendment will ensure compliance
with municipal codes and ordinances as well as
maintain a clean and orderly environment for City
residents.

Development Code Conformance
In accordance with Development Code Section 17.03.200.D, the Planning Commission must conduct a public hearing to consider an amendment to the Development Code. The Commission must determine whether the proposed amendment is consistent with all required findings and provide a recommendation to the City Council.

FINDINGS
Pursuant to Development Code Section 17.03.200, pertaining to development code amendments, the Planning Commission must determine the merits of the proposed project to support recommendation of the proposed Development Code Amendment, as follows:
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1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan;

2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare;

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof; and

4. The proposed Development Code amendment is reasonable and beneficial at this time.

ENVIRONMENTAL DETERMINATION
The recommended amendment involves a minor text change and creation of a new Chapter (12.92) within the Municipal Code to clarify Code language, and better align with State law. The proposed amendments will not directly result in any physical development, nor result in any change to the built-out environment as envisioned by the General Plan or Development Code.

Therefore, the proposed Development Code Amendments are not a “project” under Public Resources Code section 21065, and are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As such, a Notice of Exemption may be filed, and is provided as an attachment.

PUBLIC OUTREACH & INPUT
A legal advertisement and a box ad providing notification of the proposed amendments were published in The Grizzly Newspaper on November 6, 2025. In addition, a notice was posted in three public places a minimum of 10 days prior to the hearing date with the full meeting packet made available to the general public through the City’s webpage. The Planning Commission agenda was distributed to Commissioners at least 72 hours in advance of the meeting.

Attachments:

1. Recommended Planning Commission Resolution

2. Notice of Exemption (NOE)
131

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BIG BEAR LAKE RECOMMENDING CITY COUNCIL APPROVAL OF
DEVELOPMENT CODE AMENDMENT 2025-0005 PROPOSING AN
AMENDMENT TO SECTION 17.12.050 REGARDING TEMPORARY

NON-COMMERCIAL SIGNS BY REMOVING SUBPARAGRAPH (R) AND

PLACING REVISED REGULATIONS FOR NON-COMMERCIAL SIGNS
IN THE NEWLY CREATED CHAPTER 12.92 OF DIVISION II OF TITLE 12 OF THE BIG BEAR LAKE MUNICIPAL CODE AND FINDING THIS

AMENDMENT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
WHEREAS, the City of Big Bear Lake, California (the “City”) is a municipal corporation and charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code section 65800, et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing a city’s general plan; and
WHEREAS, the City has adopted a Development Code by Ordinance 2003-333. The Development Code contains provisions to allow amendments in Section 17.03.200; and WHEREAS, the Planning Commission of the City of Big Bear Lake considered Development Code Amendment 2025-0005 filed by the City of Big Bear Lake, to extract subparagraph (R) in Section 17.12.050 and relocate it to the newly created Chapter 12.92 of Division II of Title 12 of the Big Bear Lake Municipal Code; and
WHEREAS, section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, public notice of the public hearing for Development Code Amendment 2025-0005 (the Application) was published in The Grizzly on November 6 , 2025; and WHEREAS, on November 19, 2025 the Planning Commission conducted a duly noticed public hearing on the Application; and
WHEREAS, the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The proposed amendment would not directly result in any physical development, nor will the proposed amendment result in any change to the built-out environment as envisioned by the General Plan or Development Code. Therefore, the proposed Development Code Amendment is not a “project” under Public Resources Code section 21065, 132
and, is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the Planning Commission of the City of Big Bear Lake does resolve as follows:

Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in the above recitals of this Resolution, are true and correct.

Section 2. The Planning Commission hereby finds that the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The recommended amendment involves a text change to streamline administrative review, and clarify Code processes as they relate to temporary non-commercial signs. The proposed amendment would not directly result in any physical development, nor will the proposed amendment result in any change to the built-out environment as envisioned by the General Plan or Development Code.

Therefore, the proposed Development Code Amendment is not a “project” under Public Resources Code section 21065, and is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 3. Based on the evidence presented to the Planning Commission during the November 19, 2025 public hearing, including public testimony, and written and oral staff reports, the Planning Commission specifically finds as follows with respect to Development Code Amendment 2025- 0005:

1. The proposed Development Code Amendment conforms with the goals, objectives and policies of the General Plan, Land Use Program L 1.2.1 which promotes the revision and adoption of amendments to the City’s Development Code, sign ordinance and other regulatory documents to ensure conformance with the General Plan. The proposed amendment would modify Section 17.12.050 of the Development Code with the intent to streamline certain administrative procedures related to temporary, non-commercial signs.

The proposed amendment will not result in any change to the built-out environment as envisioned by the General Plan or Development Code. As such, the proposed amendment can be found in conformance with the General Plan.

2. The proposed Development Code Amendment is necessary to remove unnecessary administrative burdens related to determination of potential violations with respect to political signs and to standardize and streamline the review of such temporary noncommercial signs.

3. The proposed Development Code Amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof. Development 133
Code Section 17.12.050 that is proposed to be amended as well as creation of the new Chapter 12.92 of Division II of Title 12 in the Big Bear Lake Municipal Code has been thoroughly evaluated to ensure the practicality and enforceability of this amendment. The amendment has been initiated by the City to streamline regulations pertaining to enforcement on temporary non-commercial signs.

4. The Development Code Amendment is reasonable and beneficial at this time because the City has been experiencing an increase in the frequency of complaints and possible violations related to temporary, non-commercial signs during local election season.

Therefore, it is the City’s desire to amend the Development Code at this time to avoid unnecessary administrative processing time and streamline the review process.

Section 4. Based on the findings and conclusions as set forth in Sections 1, 2, and 3, above, the Planning Commission hereby recommends that the City Council adopt an ordinance approving Development Code Amendment 2025-0005, as provided in Exhibit 1.

Section 5. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of November.

AYES:

NOES:

ABSENT:

ABSTAIN:

Date Michael LoGrande, Chairman
ATTEST:

Andrew Mellon
Planning Commission Secretary
134

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Andrew Mellon, Commission Secretary of the City of Big Bear Lake, California, do hereby certify that the whole number of the Planning Commission of the said City is five; that the foregoing Resolution, being Resolution No. PC 2025-XX as duly passed and adopted by the said Planning Commission and attested by the Commission Secretary of said City, all at a regular meeting of the said City held on the 19th day of November, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Witness my hand and the official seal of said City this 19th day of November.

Andrew Mellon
Planning Commission Secretary
135
RESOLUTION EXHIBIT 1

REDLINE VERSION
Proposed Text Changes to Development Code Amendment 2025-0005 Proposed changes for the affected sections of the Municipal Code are shown in underline for added language and strikethrough for deleted text, below:

DEVELOPMENT CODE (MUNICIPAL CODE, TITLE 17)
SECTION 17.12.050
R. Temporary non-commercial signs. The city finds that there is a need to provide for certain temporary non-commercial signs in order to provide opportunities for free expression. The city further finds that it is necessary to regulate the number, size and location of such signs in order to reduce visual clutter and debris throughout the city. All temporary non-commercial signs including, but not limited to religious, charitable, civic, homeowner association, educational, political or cultural posters or special events of civic, philanthropic, educational or religious purposes when in conformance with the following provisions:

1. Development Standards. Temporary non-commercial signs shall be exempt only if they conform to all of the following standards:
a. Maximum size of the sign shall not exceed thirty-two (32) square feet and the top of the sign shall not be placed higher than eight feet above grade.
b. Special event signs shall not be posted for more than thirty (30) days prior to and ten (10) days after such event, except that political signs shall be exempt from the requirement that they may not be posted more than thirty (30) days prior to an election.
c. Such signs shall not be permitted to be stuck, glued, painted, pasted, posted, nailed, stapled or otherwise affixed to any public property, publicly owned sign, public appurtenance, utility pole, fire hydrant, tree, boulder, or other natural feature, and may not be placed within the public right-of-way. d. Such temporary non-commercial signs shall not obscure traffic signs and signals nor block motorists' line of sight.
e. It shall be unlawful to attach, connect or otherwise affix any sign to another permanent or temporary sign, or direct, permit or allow such action, without the permission of the owner of the permanent or temporary sign.
f. Property owner permission shall be obtained for erection of temporary signs, provided that written evidence of such permission need not be submitted to the city prior to erection of the signs. g. No more than three signs or ninety-six (96) cumulative square feet of temporary non-commercial signage may be erected on any single parcel of land. Signs shall be spaced accordingly to ensure visibility of all signs on the site and to maintain clear vehicle sight distance. h. Such temporary non-commercial sign shall contain information about the individual or organization which owns or has erected the sign, along with the address or phone number of such entity. i. Such temporary non-commercial signs shall not be illuminated. j. Such temporary non-commercial signs shall incorporate the applicable design standards set forth for all signs.

2. Violation. Except as otherwise provided herein, upon a determination of any violation of the provisions of this subsection regulating all temporary non-commercial signs, the enforcement officer shall send 136
notification in writing to the owner of such sign, if such owner is known, stating that the sign has been determined to be illegally erected and requiring its removal within ten (10) days of the date of such written notice. If a potential violation of this subsection is identified with respect to political signs prior to an election, the enforcement officer shall schedule the matter for public hearing by the planning commission for a decision as to whether a violation has occurred. Upon determination that a violation exists with respect to any temporary non-commercial sign, if the sign is not removed within the specified time period, the enforcement officer may cause the sign to be removed, and shall notify the sign owner in writing of any sign removal, stating the location where his or her sign is being held and that it will be destroyed if not claimed by the owner within ten (10) days after the date of such notice. In the event that the owner does not claim such sign within the ten (10) day period, the enforcement officer may destroy or otherwise dispose of such sign. The owner of the sign shall reimburse the city for the actual costs of removing, storing, and destroying or otherwise disposing of the sign.

3. Removal of Signs. No person shall remove, destroy, relocate, or otherwise disturb any lawfully-erected temporary non-commercial sign, or direct, permit or allow such removal, destruction, relocation or disturbance, without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be presumed that the committee who has registered with the Secretary of State to support a position on a ballot proposition is the party who erected the sign taking the position on the ballot measure. Nothing in this subsection shall prohibit the owner of a piece of property, or his or her authorized representative, from removing a sign from his or her property when the temporary noncommercial sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the enforcement officer or other authorized representative of the city from taking action to abate sign violations.

Please see Chapter 12.92 of the Municipal Code.

RS. Vehicle signs. When affixed to registered and operable vehicles, provided that the vehicle is not parked in a required private or public parking space adjacent to a public right-or-way for the primary purpose of advertising. Any sign required by state law or local ordinance to be affixed to a vehicle, or signage required to protect public health, safety and welfare, is also exempt.

ST. Window signs. Window signs not exceeding twenty-five percent (25%) of the window area or one square foot for every lineal foot of building wall on which the window is located, whichever is less, and located on first-floor windows. Sign copy shall be measured by the smallest rectangle or other geometric shape within which the copy can be enclosed. 137
MUNICIPAL CODE, TITLE 12
CHAPTER 12.92 (EXEMPTIONS FROM SIGN PERMIT PROGRAMS – TEMPORARY NON-COMMERCIAL SIGNS)
A. Temporary non-commercial signs. The city finds that there is a need to provide for certain temporary non-commercial signs in order to provide opportunities for free expression. The city further finds that it is necessary to regulate the number, size and location of such signs in order to reduce visual clutter and debris throughout the city. All temporary non-commercial signs including, but not limited to religious, charitable, civic, homeowner association, educational, political or cultural posters or special events of civic, philanthropic, educational or religious purposes when in conformance with the following provisions:

1. Development Standards. Temporary non-commercial signs shall be exempt only if they conform to all of the following standards:
a. Maximum size of the sign shall not exceed thirty-two (32) square feet and the top of the sign shall not be placed higher than eight feet above grade.
b. Special event signs shall not be posted for more than thirty (30) days prior to and ten (10) days after such event, except that political signs shall be exempt from the requirement that they may not be posted more than thirty (30) days prior to an election.
c. Such signs shall not be permitted to be stuck, glued, painted, pasted, posted, nailed, stapled or otherwise affixed to any public property, publicly owned sign, public appurtenance, utility pole, fire hydrant, tree, boulder, or other natural feature, and may not be placed within the public right-of-way. d. Such temporary non-commercial signs shall not obscure traffic signs and signals nor block motorists' line of sight.
e. It shall be unlawful to attach, connect or otherwise affix any sign to another permanent or temporary sign, or direct, permit or allow such action, without the permission of the owner of the permanent or temporary sign.
f. Property owner permission shall be obtained for erection of temporary signs, provided that written evidence of such permission need not be submitted to the city prior to erection of the signs. g. No more than three signs or ninety-six (96) cumulative square feet of temporary non-commercial signage may be erected on any single parcel of land. Signs shall be spaced accordingly to ensure visibility of all signs on the site and to maintain clear vehicle sight distance. h. Such temporary non-commercial sign shall contain information about the individual or organization which owns or has erected the sign, along with the address or phone number of such entity. i. Such temporary non-commercial signs shall not be illuminated. j. Such temporary non-commercial signs shall incorporate the applicable design standards set forth for all signs.

2. Violation. Except as otherwise provided herein, upon a determination of any violation of the provisions of this subsection regulating all temporary non-commercial signs, the enforcement officer shall send notification in writing to the owner of such sign, if such owner is known, stating that the sign has been determined to be illegally erected and requiring its removal within ten (10) days of the date of such written notice. If a potential violation of this subsection is identified with respect to political signs prior to an election, the enforcement officer shall schedule the matter for public hearing by the City Manager or designee for a decision as to whether a violation has occurred. Upon determination that a violation exists with respect to any temporary non-commercial sign, if the sign is not removed within the specified time 138
period, the enforcement officer may cause the sign to be removed, and shall notify the sign owner in writing of any sign removal, stating the location where his or her sign is being held and that it will be destroyed if not claimed by the owner within ten (10) days after the date of such notice. In the event that the owner does not claim such sign within the ten (10) day period, the enforcement officer may destroy or otherwise dispose of such sign. The owner of the sign shall reimburse the city for the actual costs of removing, storing, and destroying or otherwise disposing of the sign.

3. Removal of Signs. No person shall remove, destroy, relocate, or otherwise disturb any lawfully-erected temporary non-commercial sign, or direct, permit or allow such removal, destruction, relocation or disturbance, without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be presumed that the committee who has registered with the Secretary of State to support a position on a ballot proposition is the party who erected the sign taking the position on the ballot measure. Nothing in this subsection shall prohibit the owner of a piece of property, or his or her authorized representative, from removing a sign from his or her property when the temporary noncommercial sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the enforcement officer or other authorized representative of the city from taking action to abate sign violations.
139

MEETING
DATE: December 10, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Andrew Mellon, Community Development Manager
Nathan Castillo, Senior Planner
SUBJECT: Urgency Ordinance and Ordinance Approving Development Code Amendment 2025-0006, Revising the City’s Accessory Dwelling Unit Regulations

BACKGROUND & DISCUSSION
The City maintains an active ADU Ordinance within section 17.25.210 in the Municipal Code, commonly referred to as the Development Code. The ADU Ordinance balances minimum requirements from the State with local regulations specific to residential zones in the City of Big Bear Lake. In recent years, the California Legislature has approved a number of bills that impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). As recent history has shown, these new regulations are finalized in the later part of the year to become effective the following January 1. The most recent ADU regulations from the State were finalized in October 2025 for implementation in January 2026.

The State regulations require that all local agencies update their ADU ordinances prior to January 1 or risk their existing ADU ordinance becoming null and void. Given the timeframe in which the City must comply with these updated regulations, staff is proposing both an Urgency Ordinance as well as a standard, non-urgency Ordinance through this action. The Urgency Ordinance will become effective immediately upon adoption. The standard Ordinance will require a second reading and a thirty-day lag prior to being effective, meaning the Ordinance would not be effective until March 2026. The proposed course of action with the Urgency Ordinance ensures that the City’s ADU Ordinance will be updated to be reflective of State Law by January 1 and that the new Ordinance will remain in place and in effect. The proposed action this evening seeks to adopt an Urgency Ordinance and introduce an Ordinance both amending Section 17.25.210 of the Big Bear Lake Municipal Code relating to ADUs and JADUs to comply with the recent changes in State law. The content is identical between both ordinances, with the sole distinction being that one is an urgency ordinance and one is a standard, non-urgency ordinance.

In late 2025, four new bills were adopted that further amend State ADU law as summarized below.

Unless noted otherwise, these regulations become effective on January 1, 2026.

AB 462 – Land Use; Accessory Dwelling Units
AB 462 modifies the rules related to the issuance of a Certificate of Occupancy (CofO) for an Item 2.3
140
ADU. Historically, State law prohibited a local agency from issuing a CofO for an ADU prior to the issuance of a CofO for the primary dwelling unit. AB 462 creates an exception to this prohibition for situations involving detached ADUs when certain conditions are satisfied. In all other scenarios, the historic practice of requiring a CofO for the primary dwelling unit prior to the issuance of a CofO for an ADU will remain in place. AB 462 was enacted as an urgency measure that took effect immediately on October 10, 2025, when signed by the Governor. AB 462 does not require any changes to the City’s ADU Ordinance, the City must simply adjust practices to comply with the requirements of AB 462 in the issuance of Certificates of Occupancy.

AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing State law requires a property owner to reside either in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner does not have to reside on the property at all. (See amended Gov. Code, § 66333(b).) AB 1154 also expressly prohibits JADUs from being used as short-term rentals, which is defined as renting for periods of less than thirty (30) days (See amended Gov. Code, § 66333(g)). The City’s existing ADU ordinance includes this prohibition for JADUs & ADUs, AB 1154 now prohibits this by law.

SB 9; SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption. SB 91 and SB 543 establish penalties for failing to comply by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption. (See amended Gov.

Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days.

SB 543 – ADU Size; Number of ADUs; Impact Fees; Application Timeline SB 543 makes numerous changes and clarifications to State Law pertaining to ADUs, the most notable of which are summarized below.

ADU & JADU Size
SB 543 clarifies that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).) Impact Fees
Existing law exempts ADUs that are 750 square feet or smaller from Development Impact Fees (DIFs). SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space.

The bill also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.) 1 Not to be confused with the SB 9 of 2021 (Stats. 2021, Ch. 162) regarding urban lot splits and second primary dwelling units.
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Quantity of ADUs Created Under Government Code Section 66323 Existing state law established four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1)–(4). These are:
(1) a converted ADU and JADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(1));
(2) a detached ADU created on a lot with a proposed or existing single-family dwelling (Gov.

Code, § 66323(a)(2));
(3) converted ADUs created in an existing multifamily dwelling (Gov. Code, § 66323(a)(3)); (4) detached ADUs created on a lot with a proposed or existing multifamily dwelling.

For some time, there has been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. HCD and some practitioners interpreted the statute to not require local agencies to permit combinations of the above categories of ADUs. HCD took a position reflective of this practice in its 2020 ADU Handbook. In recent years, HCD literature has changed the position to allowing combinations of the ADU categories, for example (1) and (2) together or (3) and (4) together.

SB 543 codifies HCD’s most recent interpretation by amending Government Code section 66323 to specifically allow for combinations of multiple ADU. As such, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). Additionally, a lot with a single-family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).

ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, State law did not provide direction with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications.

SB 543 requires local agencies to now:
(1) determine whether an ADU application is complete within 15 business days of submittal; (2) if the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them;
(3) review a resubmitted application for completeness within 15 business days; (4) provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and (5) provide a final written determination on the appeal within 60 business days of receiving the appeal. (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].) 142
Additional Design Requirements – 17.25.210(g)
Section (7) Architectural Requirements and Section (8) Landscape Requirements were added to the Development Code from the State Standards to further comply with the City design standards and specifications within single-family and multi-family residential zones. Staff has proposed adopting these optional design requirements as they focus on compatibility between additional units and neighboring properties.

Next Steps – Effective Dates
As outlined within the report, these regulations become effective on January 1, 2026, and for the City’s ADU ordinance to remain valid and enforceable, it must comply with requirements of these bills by the effective date. If the City were not to be in compliance, the City’s entire existing ADU Ordinance becomes null and void as a matter of law, which would require the City to allow ADUs with only the limited State requirements. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety.

With this timeline in mind, staff is presenting an urgency ordinance in addition to the standard, non-urgency ordinance. The urgency ordinance will take effect immediately upon it adoption, ensuring the City’s compliance with updated State Law pertaining to ADUs and JADUs prior to January 1, 2026. As an urgency ordinance can only be in place for a limited period of time before a standard ordinance is in place, the standard, non-urgency ordinance is also being presented for introduction. With a standard, non-urgency ordinance, the process requires a second reading at a second, regular City Council Meeting and becomes effective thirty (30) days after adoption. The non-urgency ordinance will be scheduled for a second reading and adoption at the Regular City Council Meeting on February 11, 2026 and assuming that it is adopted, it will become effective thirty (30) days later in March 2026. Once the standard ordinance is effective, it will supersede the urgency ordinance and the urgency ordinance will effectively expire.

FINDINGS
Affirmation of the required findings, as provided under section 17.03.200.F of Title 17, can be made in support of the proposed Development Code Amendment, as recommended by Planning Commission in Attachment 3, listed below:

1. The proposed Development Code Amendment conforms to the goals, objectives and policies of the General Plan.

2. The proposed Development Code amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare.

3. The proposed Development Code amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof.

4. The proposed Development Code amendment is reasonable and beneficial at this time.

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended ordinance. 143

ENVIRONMENTAL CONSIDERATION
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, the adoption of the proposed urgency Ordinance and proposed non-urgency Ordinance are statutorily exempt from CEQA in that it implements state ADU law.

CONSIDERATION OF STRATEGIC PRIORITIES
This project aligns with the City Council’s Strategic Priority No. 5 to “preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.”

RECOMMENDED ACTION
It is recommended that the City Council:

A. Waive full reading and adopt by title only an urgency ordinance entitled:

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AMENDING SECTION 17.25.210 OF THE BIG BEAR LAKE

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT

CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.

B. Waive full reading and introduce for first reading by title only an ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AMENDING SECTION 17.25.210 OF THE BIG BEAR LAKE MUNICIPAL CODE

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17 And direct staff to schedule the Ordinance for second reading and adoption on February 11, 2026.

ATTACHMENTS

1. Urgency Ordinance 2025-xxx, including Exhibit A

2. Ordinance 2025-xxx, including Exhibit A

3. Planning Commission Agenda Report, dated November 19, 2025 (without attachments) 144
URGENCY ORDINANCE NO. 2025-xxx

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BIG BEAR LAKE AMENDING 17.25.210 OF

THE CITY OF BIG BEAR LAKE MUNICIPAL CODE

RELATING TO ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS TO COMPLY

WITH THE RECENT CHANGES IN STATE LAW, AND

FINDING THE ACTION TO BE STATUTORILY EXEMPT
FROM CEQA UNDER PUBLIC RESOURCES CODE §
21080.17
WHEREAS, the City of Big Bear Lake, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of bills updating state ADU law because if the City’s ordinance does not comply with this legislation by January 1, 2026 — and the City’s ADU ordinance becomes null and void in its entirety — the City would be required to approve ADUs and JADUs in accordance with the few default standards that are imposed by Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact Item 2.3
Attachment 1
145
property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance, to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, Section 17.03.200(D) of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, the Planning Commission of the City of Big Bear Lake considered Development Code Amendment 2025-0006, filed by the City of Big Bear Lake to revise Development Code Section 17.25.210 pertaining to Accessory Dwelling Units (“Application”); and WHEREAS, on November 19, 2025, the Planning Commission at a regularly schedule public meeting considered and recommended that the City Council approve the subject Application; and WHEREAS, on December 10, 2025, the City Council conducted a duly noticed public hearing, and received and considered all written and oral evidence related to the Application; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. The City Council hereby finds that the adoption of the urgency Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

SECTION 4. Based on the evidence for the Application presented to the Planning Commission during the November 19, 2025, public hearing, including public testimony and written and oral staff reports, the Planning Commission specifically finds, pursuant to §17.03.200, et.al that the following circumstances exist:

1. The proposed Development Code Amendment conforms to the goals, objectives and policies of the General Plan, specifically Land Use Element Policy L 1.7 pertaining to compatibility between different land uses. The amendment incorporates regulations to integrate ADUs into the character of existing neighborhoods to the extent allowed by law.

The amendment is consistent with Goal L 3 to provide for housing opportunities for all 146
demographic and economic segments of the population and Policy L 3.3 that requires the planners to maintain the integrity, safety and attractiveness of residential neighborhoods.

To the extent allowed under the new ADU laws, the amendment supports Community Design Element Goal CD 1 to create and maintain a well-designed built environment which contributes to the community’s economic vitality, enhances the quality of life, and enhances the beauty of the City’s natural mountain setting. The amendment is consistent with goals, policies, and programs of the 2021- 2029 Housing Element, specifically Goal H 1 through Program H1–B to provide adequate sites for a variety of housing types, Goal H2 to encourage and support development of adequate housing to meet the needs of lowand moderate-income households through Policy H2.3 to provide regulatory concessions and incentives for the development of affordable housing, and through Program H2-E to provide incentives to encourage the production of ADUs.

2. The proposed Development Code Amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare. The state law is general in nature and applies to all cities in California, not specifically Big Bear Lake, which is unique because of our terrain, elevation, population and weather. Modifications to the state standards are necessary to implement the City’s General Plan goals, policies, and programs, and for the overall general welfare of our citizens.

3. The proposed Development Code Amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof. The appropriate singlefamily and multifamily residential development standards are included in the ADU ordinance to the extent allowed under state law to maintain health, safety and welfare for our citizens. These requirements include front building setbacks, maximum lot coverage, minimum open space, maximum building height, minimum parking space sizes, and minimum architectural standards to expedite review and integrate ADUs and JADUs into our residential neighborhoods. Additional requirements have been added for compatibility with existing neighborhoods and existing or proposed residential uses onsite.

4. The proposed Development Code Amendment is reasonable and beneficial at this time.

The proposed amendment more clearly brings the City’s regulations into compliance with the state laws governing ADUs and JADUs amended by the various Assembly and Senate Bills.

Section 5. Based on the findings and conclusions as set forth in Sections 1 – 4 , above, the City Council hereby approves Development Code Amendment 2025-0006. Development Code Section

17.25.210 of the City of Big Bear Lake Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

Section 6. This Ordinance takes effect immediately upon its adoption.

Section 7. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
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Section 8. The City Clerk certifies that this Ordinance was adopted by the City Council at a regular meeting on December 10, 2025.

Section 9. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 39707 Big Bear Boulevard, Big Bear Lake, CA 92315.

Section 10. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Big Bear Lake, California, at a regular meeting of the City Council held on the 10th day of December, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Perri Melnick, Mayor
ATTEST:
________________________________
Erica Stephenson, City Clerk
APPROVED AS TO FORM:
________________________________
Stephen Deitsch, City Attorney
148

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Urgency Ordinance No. 2025-xxx is a full, true and correct original of Urgency Ordinance No. 2025-xxx of the City of Big Bear Lake entitled:

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AMENDING 17.25.210 OF THE CITY OF BIG BEAR

LAKE MUNICIPAL CODE RELATING TO ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY

WITH THE RECENT CHANGES IN STATE LAW, AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER
PUBLIC RESOURCES CODE § 21080.17
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 10th day of December, 2025, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Urgency Ordinance No. 2025-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk
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EXHIBIT A
AMENDMENT TO DEVELOPMENT CODE SECTION 17.25.210 ACCESSORY

DWELLING UNITS
Development Code Section 17.25.210 is hereby amended to read in its entirety as follows:

Section 17.25.210 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes all of the following:
(A) A cooking facility with appliances.

Item 2.3
Exhibit A
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(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet of interior livable space in size. (B) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) above. (6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (7) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (8) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(9) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs created under this section:
(1) Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. (2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution. 151
(3) Process and Timing.
(A) Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. (ii) Incomplete items. If the city’s determination under subsection (d)(3)(A)(i) above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
(iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (A), the application or resubmitted application is deemed complete for the purposes of subsection (d)(3)(C) below.
(vi) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. (B) No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. (C) Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit 152
application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (D) Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (d)(3)(C) above. (E) Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
(F) Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) Classes.
(1) Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(A) may be combined with an ADU approved under subsection (e)(1)(B), and ADUs approved under subsection (e)(1)(C) may be combined with ADUs approved under subsection (e)(1)(D).
(A) Converted on Lot with Single-Family: One ADU as described in this subsection (e)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
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(B) Limited Detached on Lot with Single-Family: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet of livable space or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
(C) Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (e)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
(2) Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below.
(f) General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
(1) Zoning.
(A) A Class 1 ADU approved under subsection (e)(1) may be created on a lot in a residential or mixed-use zone.
(B) A Class 2 ADU approved under subsection (e)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
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(C) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. (2) Height.
(A) Except as otherwise provided by subsections (f)(2)(B) and (f)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (B) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (f)(2)(D) may not exceed two stories. (E) Notwithstanding subsections a. through d. above, any ADU that is approved under this section and that has a sloped roof with a pitch of at least 2:12 may be up to thirty (30) feet in height if the ADU is detached from the primarydwelling structure and up to forty (40) feet in height if the ADU is attached to the primary-dwelling structure.
(F) For purposes of this subsection (f)(2), height is the vertical distance measured from the average level of the highest and lowest point of the portion of the lot covered by the building to the highest point of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
(B) The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
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(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) ADUs. ADUs are not subject to an owner-occupancy requirement. (B) JADUs.
(i) Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
(ii) Exceptions. The owner-occupancy requirement in this subsection (f)(7)(B) does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
(II) The property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
(A) The JADU may not be sold separately from the primary dwelling. (B) The JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
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(E) The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
(A) With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(B) By January 31 of each calendar year, the owner must report the monthly rent charged for the ADU or JADU during the prior calendar year. If the city does not receive the report, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another thirty (30) days to submit the report. If the owner fails to submit the report within the thirty-day period, the city may enforce this provision in accordance with applicable law.
(10) Building & Safety.
(A) Must comply with building code. Subject to subsection (f)(9)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (f)(9)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(11) Certificate of Occupancy Timing.
(A) Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. (B) Limited Exception for State-declared Emergencies. Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
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(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
(iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(g) Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection (e)(2) above. This subsection (g) does not apply to Class 1 ADUs or JADUs approved under subsection (e)(1) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (g) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
(B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection (g)., such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (g)(1)(B) above or of front setback, lot coverage, or open-space requirement may require the ADU to be less than eight hundred (800) square feet.
(2) Setbacks.
(A) ADUs that are subject to this subsection (g) must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection (g) must conform to a fifteen-foot (15) front-yard setback from any public right-of-way with a width of forty (40) or more feet and a twenty-foot (20) setback from any public right-of-way with a width of less than forty (40) feet, subject to subsection (g)(1)(C) above.
(B) No setback is required for an ADU that is subject to this subsection (g) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(3) Lot Coverage. No ADU subject to this subsection (g) may cause the total lot coverage of the lot to exceed fifty percent (50%) on a single-family residential lot or sixty percent (60%) on a multifamily residential lot, subject to subsection (g)(1)(C) above.
(4) Minimum Open Space. There is no minimum open space requirement on a singlefamily residential lot. On a multifamily residential lot, no ADU subject to 158
subsection (g) may cause the total percentage of open space of the lot to fall below thirty-five percent (35%) subject to subsection (g)(1)(C). above. (5) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(6) Parking.
(A) Generally. One off-street parking space, with a minimum dimension of nine (9) feet wide by nineteen (19) feet deep, is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above..
(B) Exceptions. No parking under subsection (g)(7)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(7)(B)(i) through (v) above.
(C) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) All luminaires (light sources) must have a cutoff angle of less than ninety (90) degrees. Exterior lights must be placed so that the bulb or light source is not visible off-site, light is directed down, and the light level at the property line does not exceed 0.25 footcandles.
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(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (F) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. (G) All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (8) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU, adjacent parcels, and any public right-of-way as follows:
(A) At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall. (B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. (C) All landscaping must be drought-tolerant and comply with the State Municipal Efficiency Landscape Ordinance (MWELO).
(D) All landscaping must be of a native species from the city’s approved plant list.
(h) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (e)(1) or (e)(2) above. (1) Impact Fees.
(A) No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection (h)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(B) A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
(C) Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the 160
ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (h)(2)(A), JADUs and converted ADUs on a single-family lot that are created under subsection (e)(1)(A) above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
(C) Except as described in subsection (h)(2)(A), all ADUs that are not covered by subsection (h)(2)(B) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.

All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020. (A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Development Code Section 17.25.210). 161
(B) Exceptions:
(i) Notwithstanding subsection (i)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. (ii) Subsection (i)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
(j) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (a) through (i) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
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ORDINANCE NO. 2025-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BIG BEAR LAKE AMENDING 17.25.210 OF THE CITY

OF BIG BEAR LAKE MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO COMPLY WITH THE

RECENT CHANGES IN STATE LAW, AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Big Bear Lake, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, Section 17.03.200(D) of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, on November 19, 2025, the Planning Commission held a duly-noticed public hearing and considered Development Code Amendment 2025-0006, filed by the City of Big Bear Lake to revise Development Code Section 17.25.210 pertaining to Accessory Dwelling Units (“Application”), recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and Item 2.3
Attachment 2
163
WHEREAS, on December 10, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

SECTION 4. Based on the evidence for the Application presented to the Planning Commission during the November 19, 2025, public hearing, including public testimony and written and oral staff reports, the Planning Commission specifically finds, pursuant to §17.03.200, et.al that the following circumstances exist:

1. The proposed Development Code Amendment conforms to the goals, objectives and policies of the General Plan, specifically Land Use Element Policy L 1.7 pertaining to compatibility between different land uses. The amendment incorporates regulations to integrate ADUs into the character of existing neighborhoods to the extent allowed by law.

The amendment is consistent with Goal L 3 to provide for housing opportunities for all demographic and economic segments of the population and Policy L 3.3 that requires the planners to maintain the integrity, safety and attractiveness of residential neighborhoods.

To the extent allowed under the new ADU laws, the amendment supports Community Design Element Goal CD 1 to create and maintain a well-designed built environment which contributes to the community’s economic vitality, enhances the quality of life, and enhances the beauty of the City’s natural mountain setting. The amendment is consistent with goals, policies, and programs of the 2021- 2029 Housing Element, specifically Goal H 1 through Program H1–B to provide adequate sites for a variety of housing types, Goal H2 to encourage and support development of adequate housing to meet the needs of lowand moderate-income households through Policy H2.3 to provide regulatory concessions and incentives for the development of affordable housing, and through Program H2-E to provide incentives to encourage the production of ADUs.

2. The proposed Development Code Amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare. The state law is 164
general in nature and applies to all cities in California, not specifically Big Bear Lake, which is unique because of our terrain, elevation, population and weather. Modifications to the state standards are necessary to implement the City’s General Plan goals, policies, and programs, and for the overall general welfare of our citizens.

3. The proposed Development Code Amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof. The appropriate singlefamily and multifamily residential development standards are included in the ADU ordinance to the extent allowed under state law to maintain health, safety and welfare for our citizens. These requirements include front building setbacks, maximum lot coverage, minimum open space, maximum building height, minimum parking space sizes, and minimum architectural standards to expedite review and integrate ADUs and JADUs into our residential neighborhoods. Additional requirements have been added for compatibility with existing neighborhoods and existing or proposed residential uses onsite.

4. The proposed Development Code Amendment is reasonable and beneficial at this time.

The proposed amendment more clearly brings the City’s regulations into compliance with the state laws governing ADUs and JADUs amended by the various Assembly and Senate Bills.

Section 5. Based on the findings and conclusions as set forth in Sections 1 – 4 , above, the City Council hereby approves Development Code Amendment 2025-0006. Development Code Section

17.25.210 of the City of Big Bear Lake Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

Section 6. Effective Date. This Ordinance shall become effective 30 days from its adoption.

Section 7. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 8. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

Section 9. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 39707 Big Bear Boulevard, Big Bear Lake, CA 92315.

Section 10. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Big Bear Lake, California, at a regular meeting of the City Council held on the 11th day of February, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Perri Melnick, Mayor
ATTEST:
________________________________
Erica Stephenson, City Clerk
APPROVED AS TO FORM:
________________________________
Stephen Deitsch, City Attorney

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2025-xxx is a full, true and correct original of Ordinance No. 2025-xxx of the City of Big Bear Lake entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AMENDING 17.25.210 OF THE CITY OF BIG BEAR LAKE

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH

THE RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION 166

TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 11th day of February, 2026, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2025-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk
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EXHIBIT A
AMENDMENT TO DEVELOPMENT CODE SECTION 17.25.210 ACCESSORY

DWELLING UNITS
Development Code Section 17.25.210 is hereby amended to read in its entirety as follows:

Section 17.25.210 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes all of the following:
(A) A cooking facility with appliances.

Item 2.3
Attachment 2
Exhibit A
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(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet of interior livable space in size. (B) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) above. (6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (7) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (8) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(9) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs created under this section:
(1) Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. (2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution. 169
(3) Process and Timing.
(A) Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. (ii) Incomplete items. If the city’s determination under subsection (d)(3)(A)(i) above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
(iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (A), the application or resubmitted application is deemed complete for the purposes of subsection (d)(3)(C) below.
(vi) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. (B) No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. (C) Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit 170
application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (D) Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (d)(3)(C) above. (E) Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
(F) Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) Classes.
(1) Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(A) may be combined with an ADU approved under subsection (e)(1)(B), and ADUs approved under subsection (e)(1)(C) may be combined with ADUs approved under subsection (e)(1)(D).
(A) Converted on Lot with Single-Family: One ADU as described in this subsection (e)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
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(B) Limited Detached on Lot with Single-Family: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet of livable space or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
(C) Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (e)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
(2) Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below.
(f) General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
(1) Zoning.
(A) A Class 1 ADU approved under subsection (e)(1) may be created on a lot in a residential or mixed-use zone.
(B) A Class 2 ADU approved under subsection (e)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
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(C) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. (2) Height.
(A) Except as otherwise provided by subsections (f)(2)(B) and (f)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (B) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (f)(2)(D) may not exceed two stories. (E) Notwithstanding subsections a. through d. above, any ADU that is approved under this section and that has a sloped roof with a pitch of at least 2:12 may be up to thirty (30) feet in height if the ADU is detached from the primarydwelling structure and up to forty (40) feet in height if the ADU is attached to the primary-dwelling structure.
(F) For purposes of this subsection (f)(2), height is the vertical distance measured from the average level of the highest and lowest point of the portion of the lot covered by the building to the highest point of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
(B) The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
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(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) ADUs. ADUs are not subject to an owner-occupancy requirement. (B) JADUs.
(i) Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
(ii) Exceptions. The owner-occupancy requirement in this subsection (f)(7)(B) does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
(II) The property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
(A) The JADU may not be sold separately from the primary dwelling. (B) The JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
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(E) The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
(A) With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(B) By January 31 of each calendar year, the owner must report the monthly rent charged for the ADU or JADU during the prior calendar year. If the city does not receive the report, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another thirty (30) days to submit the report. If the owner fails to submit the report within the thirty-day period, the city may enforce this provision in accordance with applicable law.
(10) Building & Safety.
(A) Must comply with building code. Subject to subsection (f)(9)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (f)(9)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(11) Certificate of Occupancy Timing.
(A) Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. (B) Limited Exception for State-declared Emergencies. Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
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(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
(iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(g) Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection (e)(2) above. This subsection (g) does not apply to Class 1 ADUs or JADUs approved under subsection (e)(1) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (g) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
(B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection (g)., such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (g)(1)(B) above or of front setback, lot coverage, or open-space requirement may require the ADU to be less than eight hundred (800) square feet.
(2) Setbacks.
(A) ADUs that are subject to this subsection (g) must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection (g) must conform to a fifteen-foot (15) front-yard setback from any public right-of-way with a width of forty (40) or more feet and a twenty-foot (20) setback from any public right-of-way with a width of less than forty (40) feet, subject to subsection (g)(1)(C) above.
(B) No setback is required for an ADU that is subject to this subsection (g) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(3) Lot Coverage. No ADU subject to this subsection (g) may cause the total lot coverage of the lot to exceed fifty percent (50%) on a single-family residential lot or sixty percent (60%) on a multifamily residential lot, subject to subsection (g)(1)(C) above.
(4) Minimum Open Space. There is no minimum open space requirement on a singlefamily residential lot. On a multifamily residential lot, no ADU subject to 176
subsection (g) may cause the total percentage of open space of the lot to fall below thirty-five percent (35%) subject to subsection (g)(1)(C). above. (5) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(6) Parking.
(A) Generally. One off-street parking space, with a minimum dimension of nine (9) feet wide by nineteen (19) feet deep, is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above..
(B) Exceptions. No parking under subsection (g)(7)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(7)(B)(i) through (v) above.
(C) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) All luminaires (light sources) must have a cutoff angle of less than ninety (90) degrees. Exterior lights must be placed so that the bulb or light source is not visible off-site, light is directed down, and the light level at the property line does not exceed 0.25 footcandles.
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(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (F) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. (G) All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (8) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU, adjacent parcels, and any public right-of-way as follows:
(A) At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall. (B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. (C) All landscaping must be drought-tolerant and comply with the State Municipal Efficiency Landscape Ordinance (MWELO).
(D) All landscaping must be of a native species from the city’s approved plant list.
(h) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (e)(1) or (e)(2) above. (1) Impact Fees.
(A) No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection (h)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(B) A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
(C) Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the 178
ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (h)(2)(A), JADUs and converted ADUs on a single-family lot that are created under subsection (e)(1)(A) above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
(C) Except as described in subsection (h)(2)(A), all ADUs that are not covered by subsection (h)(2)(B) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.

All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020. (A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Development Code Section 17.25.210). 179
(B) Exceptions:
(i) Notwithstanding subsection (i)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. (ii) Subsection (i)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
(j) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (a) through (i) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
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Community Development Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com DATE: November 19, 2025
TO: Planning Commission
FROM: Nathan Castillo, Senior Planner
SUBJECT: Development Code Amendment 2025-0006, Ordinance amending Section

17.25.210 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)
LOCATION: Citywide

RECOMMENDED ACTION(S)

1. Hold public hearing and take public testimony

2. Find that the adoption of the proposed ordinance is statuorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.; and

3. Adopt a Resolution (Attachment 1) recommending that the City Council approve Development Code Amendment 2025-0006 and the proposed ordinance that is attached thereto as Exhibit “A”.

APPLICATION INFORMATION
This is a city-initiated code amendment to comply with recent changes in State legislation pertaining to Accessory and Junior Accessory Dwelling Units.

BACKGROUND AND ANALYSIS
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose new limits on local authority to regulate ADUs and JADUs. In late 2025, four new bills were enacted that further amend state ADU law as summarized below.

AB 462 – Land Use; Accessory Dwelling Units
AB 462 modifies the rules related to the issuance of a certificate of occupancy (CofO) for an ADU.

Historically, State law has prohibited a local agency from issuing a CofO for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a CofO before the ADU can receive one).

AB 462 creates an exception to this prohibition for detached ADUs when all of the following conditions are satisfied: (1) the Governor has declared a state of emergency for the county on or Item 2.3
Attachment 3 5.2
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Development Code Amendment 2025-0006 – ADU Ordinance Revisions Planning Commission Date: November 19, 2025

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