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Agenda packet

Mayor and City Council
July 15, 2026

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Agenda packet
Meeting
July 15, 2026
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Mayor and City Council
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Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA
FORTHE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 15, 2026
3:30 PM - CLOSED SESSION 5:00 PM - OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6
TH STREET • SAN BERNARDINO, CA
92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus
MAYOR PRO TEM, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
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WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Mayor Pro Tem, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
City Manager Eric Levitt
City Attorney Sonia Carvalho
City Clerk Telicia Lopez
3:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION
p.21
A) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1): 1 Item B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2):
i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC0095108 ii.) Notice of Claim, Darren Goodman, dated February 10, 2026. Claim No. GHC00993811 iii.) Notice of Claim, Jose Loera, dated February 3, 2026, Claim No. GHC0093814 C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Attorney, City Clerk
5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT
Mayor and City Council of the City of San Bernardino Page 3

PRESENTATIONS

1. Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2026 (All Wards) p.22

APPOINTMENTS

2. Planning Commission Appointment of Mohammed A. Ali (Ward 3) p.25 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mohammed A. Ali to the Planning Commission representing Ward 3 with the term ending December 2028. Mohammed A. Ali will replace Ivan Garcia. Council Staff has verified that appointee is a registered voter within the city.

PUBLIC HEARING

3. Quasi-Judicial Public Hearing – Sunshine Motel Red Tag Appeal p.34 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-095 denying the appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued for 570 North H Street, commonly known as Sunshine Motel, and affirming the Building and Safety Division’s determination and orders.

4. Continuation of a Public Hearing from June 3, 2026 - Introduction of Ordinance No.

MC-1666 Amending Various Sections of Title 15 of the San Bernardino Municipal Code Adopting the New (2025) Building Code (All Wards) p.214 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:

1. Hold a Public Hearing; and

2. Introduce and read by title only and waive further reading of Ordinance No. MC1666 of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code; and

3. Schedule Ordinance No. MC-1666 for Adoption on August 5, 2026.

Mayor and City Council of the City of San Bernardino Page 4

5. Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) University Hills Specific Plan (Ward 5) p.317
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 singlefamily residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act.

2. Introduce, read by title only, and waive further reading of Ordinance No. MC-1664 of the Mayor and City Council of the City of San Bernardino, California (a) Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13;
0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13) (Attachment 5 and 6); and (b) dissolving Development Agreement No. 08-02 (Attachment 1 and 6).

3. Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on August 5, 2026.

6. Public Hearing on Annexation No. 53 to Community Facilities District 2019-1 (Maintenance Services) – EV Realty (Ward 3) p.1384
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2026-096 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 53); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2026-097 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 53); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1667 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay annual costs of the maintenance and servicing of lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance
Services); and

6. Schedule the adoption of Ordinance No. MC-1667 for August 5, 2026.

Mayor and City Council of the City of San Bernardino Page 5

7. Public Hearing on Annexation No. 54 to Community Facilities District 2019-1 (Maintenance Services) – Quick Quack Car Wash (Ward 2) (Staff is Requesting to Continue this Item to August 5, 2026) p.1441
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2026-098 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 54); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2026-099 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 54); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1668 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay annual costs of the maintenance and servicing of lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1668 for August 19, 2026.

8. Resolution Approving Street Vacation (15.30-441) of a Portion of an Alley Way South of West Rialto Avenue and West of South Muscott Street, and Reservation of Utilities Therein (Ward 3) p.1506
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-100 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein.

Mayor and City Council of the City of San Bernardino Page 6

9. Public Hearing on Fiscal Year 2026-27 Assessment Levies for Previously Formed Assessment Districts (All Wards) p.1527
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California hold public hearings and:

1. Adopt Resolution No. 2026-101 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2026-27; and

2. Adopt Resolution No. 2026-102 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2026-27; and

3. Adopt Resolution No. 2026-103 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2026- 27; and

4. Adopt Resolution No. 2026-104 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2026-27; and

5. Adopt Resolution No. 2026-105 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2026-27.

10. Public Hearing and Resolution Confirming Assessments for Delinquent Solid Waste Collection Service Charges on the Property Tax Roll for Fiscal Year 2026-27 (All Wards) p.1993
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-106, Authorizing the Mayor and City Council of the City of San Bernardino, California, to adopt the report proposing to have delinquent solid waste collection service charges collected on the tax roll.

CITY MANAGER UPDATE

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403.

CONSENT CALENDAR
Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion.

Mayor and City Council of the City of San Bernardino Page 7

11. Approval of Various Mayor and City Council Meeting Minutes p.2163 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. June 30, 2023 Special Meeting Draft Minutes

2. September 6, 2023 Regular Meeting Draft Minutes

3. September 12, 2023 Special Meeting Draft Minutes

4. April 29, 2026 Special Meeting Draft Minutes

5. May 6, 2026 Regular Meeting Draft Minutes

6. May 20, 2026 Regular Meeting Draft Minutes

12. Certifying Results of the Primary Municipal Election held on June 2, 2026 p.2281 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-107 reciting the facts of the Primary Municipal Election held on June 2, 2026, certifying the election results and such other matters as provided by law.

13. Amendment No. 1 to the Agreement with the County of San Bernardino for Fire Hazard Abatement Services, consenting to the reassignment of the program’s administration from the Land Use Services Department to the San Bernardino County Fire Protection District and extending the agreement through June 30, 2031. (All Wards) p.2290
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 with the County of San Bernardino and San Bernardino County Fire Protection District (SBCFPD) for Fire Hazard Abatement services consenting to the novation and assignment of the agreement to SBCFPD and extending the term of the agreement through June 30, 2031.

14. Adopt Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) p. 2303
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-108, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements.

15. Amendment No. 2 to the Community Action Partnership of San Bernardino County (CAPSBC) Vendor Services Agreement for the Mobile Shower and Laundry Services Program p. 2342
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve Amendment No. 2 to the Vendor Services Agreement (VSA) with the Community Action Partnership of San Bernardino County (CAPSBC) for a term extension to December 31, 2026 to continue the Mobile Shower and Laundry Services Program.

Mayor and City Council of the City of San Bernardino Page 8

16. Award Professional Service Agreement Between the City of San Bernardino and Everytable for the Operation of the Emergency Meal Services Assistance – CDBG-CV Program (All Wards) p. 2382
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager, or designee, to amend (as necessary) and execute the vendor services agreement with Everytable, the highest-ranked proposer selected through the City's competitive Request for Proposals (RFP) process, to provide meal services for individuals and families experiencing homelessness participating in the City's Emergency Motel Voucher Program.

2. Authorize the use of CDBG-CV funds (set to expire October 2026) to provide meals for clients housed through the City’s Emergency Motel Voucher Program; and

3. Adopt Resolution No. 2026-109 authorizing the Director of Finance and Management Services to amend the FY 2026-27 budget to establish the Emergency Meal Services Assistance Program and appropriate $200,000 in CDBG-CV funds for the program; and

4. Authorize the City Manager, or designee, to take any additional actions and execute any agreements or documents necessary to implement the new agreement and administer the CDBG-CV grant program.

17. Ratify and Accept the San Bernardino County Fire Protection District Ordinance No. FPD 26-02 (All Wards) p. 2469
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-110, to ratify and accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 26-02, which adopts by reference the 2025 Edition of the California Fire Code, along with certain changes, modifications, amendments, additions, deletions, and exceptions to the 2025 Edition of the California Fire Code, relating to fire regulations, and the 2025 Wildland-Urban Interface (WUI) Code.

18. pproval of the Municipal Facilities License Agreement (MLA) Between the City of San Bernardino and Verizon Wireless for the Installation of Small Cell Facilities on Municipal Facilities (All Wards) p. 2549
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-111, Approving the Municipal Facilities License Agreement between the City and Verizon Wireless for the installation of small cell wireless facilities on municipal structures.

Mayor and City Council of the City of San Bernardino Page 9

19. Approve the Vendor Award for RFP F-26-1049 Professional Services Agreements for Commercial Real Estate Advisory and Transaction Services in the amount not to exceed $100,000 annually (All Wards) p. 2583 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-112:

1. Approve the Vendor Award for RFP F-26-1049 Professional Commercial Real Estate Advisory and Transaction Services, and authorize the City Manager, or designee, to execute the On-Call Professional Services Agreement (PSA) with Jones Lang LaSalle Incorporated (JLL) and Kosmont Real Estate Services, dba (Kosmont Realty), in an annual amount not to exceed $100,000 collectively; and

2. Authorizing the City Manager, or designee, at their discretion to execute the On-Call Professional Services Agreement (PSA) one (1) additional one-year term agreement extensions, with Jones Lang LaSalle Incorporated (JLL) and Kosmont Real Estate Services, dba (Kosmont Realty), in an annual amount not to exceed $100,000 collectively for FY 27/28.

20. Reallocation of $200,000 ARPA funds (American Rescue Plan Act) from the Façade Improvement Paintbrush Program to the Entrepreneurial Resource Center (ERC) Recommendation: p. 2855
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-113 authorizing:

1. The reallocation of $200,000 in previously allocated ARPA fund from the Façade Improvement Paintbrush Program to the ERC; and

2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form.

21. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for April 2026 (All Wards) p. 2894
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll register and purchasing card transactions for April 2026.

Mayor and City Council of the City of San Bernardino Page 10

22. Fiscal Year 2026-27 Special Tax Levies for Previously Formed Community Facilities Districts (All Wards) p. 3024
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2026-114 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino; and

2. Adopt Resolution No. 2026-115 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No 2018-2 (Verdemont Ranch) of the City of San Bernardino; and

3. Adopt Resolution No. 2026-116 of the Mayor and City Council of the City of San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino; and

4. Adopt Resolution No. 2026-117 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino; and

5. Adopt Resolution No. 2026-118 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino; and

6. Adopt Resolution No. 2026-119 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino.

23. Investment Portfolio Report for April 2026 (All Wards) p. 3103 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April 2026.

24. Resolution Authorizing the Examination of Sales and Use Tax and Transactions and Use Tax Records of the California Department of Tax and Fee Administration (“CDTFA”) and Superseding Prior CDTFA Access Resolutions (All Wards). p. 3131
Recommendation:

It is recommended that the Mayor and City Council (“Council”) of the City of San Bernardino, California (“City”) adopt Resolution No. 2026-120 authorizing designated City officials, employees, and the City’s sales tax consultant to examine sales and use (“Sales”) tax and transactions and use (“Transactions”) tax records of CDTFA, and superseding prior CDTFA access resolutions
Mayor and City Council of the City of San Bernardino Page 11

25. Resolution Authorizing Bank of America as an Approved Banking Institution and Designating Authorized Signatories. p. 3139
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the attached Resolution No. 2026-121 authorizing Bank of America as an approved banking institution and designating authorized signatories for Bank of America accounts.

26. Side Letter Agreements with Bargaining Groups Regarding Sick Leave Accrual Language and Implement 3/12 Police Dispatch Work Schedules. p. 3146 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-122, authorizing the City Manager to execute side letter agreements with the applicable bargaining groups and the Management/Confidential employee group to restore sick leave accrual language and implement 3/12 work schedules for eligible Police Dispatch operations employees.

27. Professional Services Agreement with Universal Protection Service, LP dba Allied Universal Security Services for Prisoner Custody Transport and Booking Services in an Amount Not to Exceed $2,750,000 (All Wards) p. 3161 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Professional Services Agreement with Universal Protection Service, LP dba Allied Universal Security Services for prisoner custody transport and booking services, in an amount not to exceed $2,750,000, for a term commencing July 15, 2026 and ending June 30, 2031, subject to annual budget appropriations.

2. Authorize the Director of Finance and Management Services to issue a FY 2026/27 purchase order to Universal Protection Service, LP dba Allied Universal Security Services in an amount not to exceed $511,000.

28. Accept $5,279,592 in Safe Streets and Roads for All (SS4A) Implementation Grant Funds from the Federal Highway Administration and Approve a local match of $1,319,898 in Traffic Safety Funds for the Revitalizing Roady Safety Project (Wards 2,4,5,6,7) p. 3211
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Ratify the execution by the City Manager, or designee, of project agreements and certification for the preparation of the Safe Streets and Roads for All (SS4A) Grant; and

2. Ratify acceptance of the Federal Highway Administration Safe Streets and Roads for all (SS4A) grant in the amount of $5,279,592, approve grant matching funds in the amount of $1,319,898 from the Traffic Safety fund; and

3. Adopt Resolution 2026-123 to authorize the Director of Finance and Management Services to amend the FY2026/27 Capital Improvement Plan budget by appropriating $5,279,592 in Safe Streets for All (SS4A) grant funds in both revenues and expenditures, and $1,319,898 from the Traffic Safety Fund to satisfy the City’s grant match requirements.

Mayor and City Council of the City of San Bernardino Page 12

29. Amendment No.7 to Cooperative Agreement No. 04-040 with the San Bernardino County Transportation Authority (SBCTA) for the Metrolink Commuter Rail Station and the Santa Fe Depot. (Ward 1) p. 3239 Recommendation:

It is recommended that the Mayor and the City Council of the City of San Bernardino, California adopt Resolution 2026-124:

1. Approving Amendment No. 7 to Cooperative Agreement No.04-040 with the San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Commuter Rail Station and the Santa Fe Depot; and;

2. Authorizing the City Manager to execute Amendment No. 7 to Cooperative Agreement No. 04-040 with the SBCTA; and

3. Authorizing the Director of Finance and Management Services to approve a budget amendment in the amount of $206,106.58 to provide sufficient funding for the City's total Fiscal Year 2026/27 obligation of $847,106.58; and

4. Authorizing the Director of Finance and Management Services to issue payment to CityCom Real Estate Services for the annual operating costs and to the San Bernardino County Transportation Authority (SBCTA) in the amount of $74,648.08 for the City's share of insurance premiums.

30. Approval of a Four-Year (One-Year Initial Term Plus Three Optional Renewals) Tree Maintenance Services Agreement with West Coast Arborists Utilizing the City of Fontana Cooperative Contract, with an Annual Not-to-Exceed Amount of $1,600,000 and Total Potential Authorization of $6,400,000 (All Wards) p. 3344 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Approve a Maintenance Service Agreement with West Coast Arborists, Inc. for Citywide Tree Maintenance Services utilizing the City of Fontana's competitively awarded Tree Maintenance Services Contract No. PW-24-191-SP, for an initial term beginning July 15, 2026, through June 30, 2027, with an annual not-to-exceed amount of $1,600,000 and with three additional one-year extension options at the City's sole discretion, in a total not-to-exceed amount of $6,400,000; and

2. Authorize the City Manager, or designee, to execute the Agreement and any nonsubstantive amendments necessary to carry out the intent of the Agreement.

Mayor and City Council of the City of San Bernardino Page 13

31. Approve a $500,000 Increase to the Contingency Budget for the Seccombe Lake Park Revitalization Project, Increasing the Total Contingency Budget to $1,592,721.60 and Appropriating AB 1600 Parkland and Open Space Funds. (Ward 2) Recommendation: p. 3486
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve an increase to the contingency budget for the Seccombe Lake Park Revitalization Project (Project) in the amount of $500,000, increasing the total contingency budget amount to $1,592,721.60; and

2. Adopt Resolution No. 2026-125 authorizing the Director of Finance and Management Services to amend the FY 2026/27 Capital Improvement Plan budget with an additional $500,000 from the AB 1600 Parkland and Open Space Fund for the Project; and

3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project.

32. Award an On-Call Professional Services Agreement to Willdan Engineering for OnCall Professional Engineering and Plan Check Services for Land Development in an Amount Not to Exceed $700,000 Annually for a Three (3) Year Term With Two (2) optional One (1) Year Extensions p. 3496
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California;

1. Approve the award of On-Call Professional Services Agreement to Willdan Engineering for On-Call Professional Engineering and Plan Check Services for Land Development with an initial three (3) year term with two (2) optional one year extensions and a not to exceed the amount of $700,000 annually and $3,500,000.

2. Authorize the City Manager to execute the On-Call Professional Services Agreement with Willdan Engineering and any related contract documents necessary to implement the Agreement

3. Authorize the Director of Finance and Management Services to issue a Purchase Order to Willdan Engineering for a not to exceed amount of $700,000.

33. Rejecting all bids for RFQ No. F-255-4059 for the installation of Solar-Powered Street Lights p. 3653
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California reject all bids received for RFQ No. F-255-4059 for the installation of solarpowered streetlights and direct staff to re-evaluate the project scope, delivery approach, and funding strategy before any future re-advertisement.

Mayor and City Council of the City of San Bernardino Page 14

DISCUSSION

34. Reconsideration of Item #3 on 6/17/2026 Council Agenda - Appeal 26-09 Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 (McDonald’s) (Ward 2) p.3658
Recommendation:

Reconsider Adoption of Resolution No. 2026-069 for the Mayor and City Council of the City of San Bernardino, California, approving Appeal 26-09, thereby overturning the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately

0.74 acres, located at 116 W. Baseline Street (APN: 0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit-Overlay District (TOD) zone presented on June 17, 2026 (Item #3).

35. Arden Guthrie – Presentations and Developer Selection (Ward 2) p. 3694 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report, consider presentations from the development teams on their concept for the future development of the Arden Guthrie property, and provide staff direction regarding the development of the Arden Guthrie Property.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on August 05, 2026 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Mayor and City Council of the City of San Bernardino Page 15

CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the July 15, 2026, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, July 10, 2026.

I declare under the penalty of perjury that the foregoing is true and correct.

Telicia Lopez, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 16 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 17 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments.

Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies) The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 18 ALTERNATE MEETING VIEWING METHOD:

If there are any technicalissues withthelivestream orrecordingfrom the main agendaportalor if you requirean optionwith ClosedCaptioning,you may view themeetingfrom thefollowinglocation (TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:

Written Comment
Written comments can be emailed to [email protected]. Written public comments received up to one (1) hour and thirty (30) minutes before the posted start time of the meeting, on the meeting day will be provided to the Mayor and City Council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

In-Person Comment:

Attend the meeting in person and fill out a speaker slip. Please note that the meeting chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically later than one (1) hour and thirty (30) minutes before the posted start time will not be accepted.

Zoom/ Remote Comment
To provide comments remotely during a City Council meeting a request to speak must be submitted to tinyurl.com/mccpubliccomments. no later than one (1) hour and thirty (30) minutes before the scheduled meeting start time. The request should include a name or be marked anonymous and indicate the comment type (Zoom). The agenda item number(s) or topic(s) on which you wish to speak should be listed on your request and if the items are not listed speakers will be called on during Public Comment for Items Not Listed on the Agenda.

Please note the following for those participating via Zoom:

The meeting is conducted in Zoom Webinar format.

The webinar is for public comment only and is not intended for viewing the meeting.

Participants will not appear on video during their public comment.

Profile photos/avatars are not permitted and will not be displayed.

When it is your turn to speak, City staff will unmute your microphone and announce your name.

The time allotted will be the same as in-person speakers. After your comments are completed, your microphone will be muted. Members of the public who wish to watch the meeting may do so through the City's regular live-streaming or broadcast platform.

Please note: messages submitted via email to this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at Mayor and City Council of the City of San Bernardino Page 19 909-998-2680 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME
NOTE: Pursuant to ResolutionNo.2024-029,adoptedby theMayorand City Council on February21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00P.M. on the same day it began.At 9:00 P.M.,the Mayorand City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00P.M.and will continue all other items on which additional time is requireduntil a future Mayor and City Council meeting. Amajority vote of the Council is required to extend a meeting beyond 10:00P.M.to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 20 This Page Intentionally Left Blank

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: CLOSED SESSION
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1): 1 Item
B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2):
i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC0095108
ii.) Notice of Claim, Darren Goodman, dated February 10, 2026. Claim No.

GHC00993811
iii.) Notice of Claim, Jose Loera, dated February 3, 2026, Claim No.

GHC0093814
C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary Matters)
Titles: City Attorney, City Clerk
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2026 (All Wards)
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PROCLAMATION OF

THE MAYOR & CITY COUNCIL
PROCLAIMING JULY 2026, AS

PARKS AND RECREATION MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of San Bernardino; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and
WHEREAS, parks and recreation encourages time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s disease; and
WHEREAS, parks and recreation supports physical activity by providing space for sports, hiking trails, swimming pools, playgrounds, and other amenities designed to promote active lifestyles; and
WHEREAS, parks and recreation is a leading provider of healthy meals, nutrition services, and educational opportunities; and
WHEREAS, park and recreation programming, such as out-of-school time programming, youth sports and environmental education, are critical to childhood development; and
WHEREAS, parks and recreation contributes to the economic prosperity of San Bernardino by increasing property values, expanding the local tax base, attracting tourism, retaining businesses, and reducing crime; and
WHEREAS, parks and recreation is fundamental to the environmental well-being of our community, preserving green spaces, protecting natural resources, and promoting sustainability; and
WHEREAS, San Bernardino’s parks, trails, community centers, and open spaces ensure ecological beauty, offer places for recreation, and provide welcoming spaces for people of all ages to connect, gather, and celebrate together; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, the City of San Bernardino proudly recognizes and celebrates the many benefits provided by our local parks, recreation services, and community centers.

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NOW, THEREFORE, BE IT RESOLVED THAT, the Mayor and City Council of the City of San Bernardino hereby proclaim the month of July 2026 as Park and Recreation Month in the City of San Bernardino, and encourage all residents to enjoy, support, and take pride in the parks, programs, and recreational opportunities that enrich the lives of everyone in our community.

Presented on the 15th day of July 2026
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Juan Figueroa, Council Member, 3rd Ward
Department: Council Office
Subject: Planning Commission Appointment of Mohammed A. Ali (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mohammed A. Ali to the Planning Commission representing Ward 3 with the term ending December 2028. Mohammed A. Ali will replace Ivan Garcia. Council Staff has verified that appointee is a registered voter within the city.

Executive Summary
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mohammed A. Ali to the Planning Commission representing Ward 3 with the term ending December 2028.

Background
The Planning Commission was established under Municipal Code Chapter 2.22, Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and city staff on the physical development of the city, including zoning, building, land use and related matters.

Discussion
The Planning Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor.

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Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to the city.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mohammed A. Ali to the Planning Commission representing Ward 3 with the term ending December 2028. Mohammed A. Ali will replace Ivan Garcia. Council Staff has verified that appointee is a registered voter within the city.

Attachments
Attachment 1 – Commission Application Mohammed A. Ali (REDACTED) Attachment 2 – Ordinance No. MC-1473
Ward:

Third Ward; All Wards
Synopsis of Previous Council Actions:

March 7, 2018 Ordinance No. MC-1473 amending Chapter 2.22 of the San Bernardino Municipal Code related to the Planning Commission was established.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Quasi-Judicial Public Hearing – Sunshine Motel Red Tag Appeal
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-095 denying the appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued for 570 North H Street, commonly known as Sunshine Motel, and affirming the Building and Safety Division’s determination and orders.

Executive Summary
The Mayor and City Council are being asked to conduct a quasi-judicial public hearing regarding the appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued April 29, 2026, for the property located at 570 North H Street, San Bernardino, California, commonly known as Sunshine Motel.

This appeal concerns only the Red Tag Closure Notice and Red Tag Correction Notice.

It does not decide any separate motel operator permit, business registration, criminal, nuisance, or licensing issue.

The appealed notices identify alleged unsafe conditions, including unpermitted construction, unpermitted electrical alterations, impaired means of egress, ventilation concerns, missing smoke alarms, and related building and fire-safety issues.

This appeal will be heard as a quasi-judicial public hearing pursuant to San Bernardino Municipal Code (“SBMC”) § 2.58.120, Resolution No. 2018-88, SBMC Chapter 2.64, California Building Code (“CBC”) § 1.8.8.1, and other applicable law. SBMC § 2.58.120 authorizes the Mayor and City Council to adopt rules of procedure for quasi-judicial hearings by resolution, and Resolution No. 2018-88 establishes the City’s procedures for quasi-judicial hearings before the Mayor and City Council.

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After receiving testimony and evidence, the Mayor and City Council may affirm, reverse, modify, or continue the Red Tag Closure Notice and Red Tag Correction Notice and adopt written findings and a written decision.

Background
A. Factual Background
On April 29, 2026, City staff, including Building Inspector Elias Rebollar, entered the property located at 570 North H Street, San Bernardino, California 92410-3150 (“Property”) in conjunction with a law enforcement operation conducted pursuant to a search warrant obtained and executed by the San Bernardino Police Department. The search warrant provided for a search of the front office, as well as any part of the premises open to the public and unoccupied rooms. The search warrant also provided for Code Enforcement Officers to accompany Peace Officers for the purpose of enforcement of any City code violations following the execution of the warrant. SBMC §§ 9.92.020 and

9.93.015 define an Enforcement Officer as any code enforcement officer or other city employee or agent of the City with the authority to enforce any provision of the municipal code.

During the inspection of the Property, numerous building, electrical, and life-safety concerns were observed. The inspection was limited to conditions readily observable at the time of entry.

1. Conditions Observed
Electrical
• Numerous electrical alterations and additions appeared to have been installed without permits or approval from the Building and Safety Division. • The observed extensive electrical alterations were not limited to a single installation but were present in multiple areas of the property, indicating a pattern of unpermitted electrical work for which no approved permits or inspections could be verified.
• The extent of the electrical work observed prevented verification that the electrical systems had been installed in compliance with applicable code requirements.
• Due to the lack of permits, inspections, and approvals, the safety and code compliance of the electrical systems could not be confirmed. • The electrical installations, alterations, and additions were in violation of CBC § 105.1.

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2. Unpermitted Construction
• An office area was observed that appeared to have been constructed without required permits and approvals.
• Additional enclosed living/sleeping quarters and enclosed connections between motel structures and the primary residence/office area were observed for which permit records could not be located.
• Permit records available at the time of inspection did not demonstrate approval of these additions or occupancy changes.
• The construction is a violation of CBC § 105.1.

3. Means of Egress and Life Safety
• Windows designated for emergency escape and rescue openings had been secured in a manner that impaired normal operation in violation of California Fire Code (“CFC”) § 1009.
• The windows didn’t open to allow natural ventilation and air changes as required by CBC § 1202.
• An egress door serving the residence/office area was obstructed and did not provide unobstructed egress in violation of CFC § 1009. • Required smoke alarms were not observed in locations where required in violation of CBC § 907.2.11.
• Additional life-safety concerns were identified and referred to the appropriate agencies, including the Fire Department.

Based upon the conditions observed, the Building and Safety Division determined that the structure contained extensive unpermitted electrical installations and unpermitted building modifications for which compliance with applicable building and electrical codes could not be verified. Photos of the conditions have been included.

The electrical systems had not been reviewed, inspected, or approved through the required permitting process. Due to the scope of the observed work and the inability to verify compliance or safe installation, the structure was determined to constitute an unsafe condition requiring immediate enforcement action.

Accordingly, both San Bernardino Building and Safety Division and San Bernardino County Fire Marshal red-tagged the structure for numerous code violations, deeming it unsafe to occupy until the corrections are made. The Red Tag Notice and Correction Notice were issued restricting occupancy and use of the structure except for authorized corrective work performed under valid permits. The San Bernardino County Fire Marshal Packet Page. 36
issued a notice, with photos, dated May 5, 2026, regarding the red tag and the violations.

B. Property and Parties
The subject property is located at 570 North H Street, San Bernardino, California 92410- 3150, APN numbers 0134-051-14-0000 and 0134-051-28-0000, and is commonly known as Sunshine Motel. Ganpati Hospitality, LLC is the property owner and James Vernon Bird is the operator of the Sunshine Motel. Prakash Joshi, Mina Joshi, James Vernon Bird, and Aveika LLC dba Sunshine Motel are listed as appellants or interested parties through counsel.

C. Appeal and Hearing Setting
The City received appeal requests from the appellants through counsel. Appellant Bird submitted an appeal on May 14, 2026. Appellants Ganpati Hospitality LLC, Prakash Joshi, and Mina Joshi submitted an appeal on May 18, 2026.

The appeal hearing was originally scheduled before an independent hearing officer on June 18, 2026. The hearing was not able to proceed because a stipulation for the appeal to be heard by the hearing officer was not obtained.

The City Clerk scheduled This red-tag appeal for a quasi-judicial public hearing before the Mayor and City Council on July 15, 2026. Under SBMC § 2.64.060, upon the timely filing of a notice of appeal in proper form, the City Clerk schedules the matter for public hearing on the City Council agenda and gives notice to the appellant and affected City parties.

D. Notice
Notice of the quasi-judicial public hearing was provided through direct notice to the appellants and affected City parties, publication/public notice, and agenda posting. For a regular meeting, the Brown Act requires an agenda to be posted at least 72 hours before the meeting with a brief general description of each item, meeting time, and location.

Discussion
A. Procedural Posture and Council Role
This red-tag appeal is before the Mayor and City Council as a quasi-judicial public hearing. The City Council will receive testimony and evidence, consider the administrative record, apply the applicable law to the facts presented, and issue a decision affirming, modifying, reversing, or continuing the appealed action.

For purposes of this hearing, the Mayor and City Council will sit as the local appeals board, as applicable, to hear and decide the appeal of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation Packet Page. 37
of applicable building standards and other regulations governing construction, use, maintenance, and change of occupancy pursuant to CBC §1.8.8.1.

B. Quasi-Judicial Hearing Procedure
Resolution No. 2018-88 establishes the procedure for quasi-judicial hearings before the Mayor and City Council. The procedure includes opening the hearing, administering an oath to persons who wish to testify, disclosing ex parte communications, receiving the staff report, receiving appellant testimony, receiving public testimony, allowing rebuttal, closing the hearing, deliberating, voting, and memorializing the decision in writing.

The Resolution also states that quasi-judicial hearings are intended to be informal and accessible to the public, that formal rules of evidence and discovery do not apply, and that hearings should be recorded by audio and/or video device, as available.

C. Issues Before the Council
The issues before the Mayor and City Council are limited to the appeal of the Red Tag Closure Notice and Red Tag Correction Notice and whether the notices should be affirmed, modified, reversed, or continued. The Council may consider whether the evidence supports the Building and Safety Division’s determination that the property contained unsafe conditions requiring occupancy restrictions and corrective work before re-occupancy or reduction of restrictions.

The conditions identified by the Building and Safety Division include extensive unpermitted electrical work, unpermitted construction or occupancy changes, impaired emergency escape/rescue openings, obstructed egress, ventilation concerns, missing smoke alarms, and related life-safety issues.

D. Staff Analysis
Based on the record before the City, staff recommends that the Mayor and City Council deny the appeal and affirm the Red Tag Closure Notice and Red Tag Correction Notice.

The observed unpermitted electrical work, unpermitted construction, inability to verify permit and inspection approvals, egress and life-safety concerns, and related unsafe conditions support the Building and Safety Division’s determination that the property should remain subject to occupancy and use restrictions until required corrective work is completed under valid permits and approved inspections.

The Council may also determine, based on the evidence received at the hearing, that modification of the notices is appropriate. Any modification should clearly identify the scope of permitted access or occupancy, required permits, required inspections, responsible parties, deadlines, and conditions for re-occupancy or reduction of restrictions.

Strategic Targets and Goals
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This item aligns with the City’s goals of protecting public health and safety, improving quality of life, and ensuring responsible code compliance. The quasi-judicial hearing process provides property owners, operators, affected parties, and the public an opportunity to present evidence and testimony while allowing the City Council to review Building and Safety enforcement actions in a transparent public setting.

Fiscal Impact
There is no direct fiscal impact associated with conducting the quasi-judicial public hearing other than staff time and administrative costs associated with noticing, preparing the hearing packet, presenting the matter, and maintaining the administrative record.

If the Red Tag Closure Notice and Red Tag Correction Notice are affirmed, additional staff time may be required for permit review, inspection, follow-up enforcement, and related administrative processing. Any recovery of enforcement, inspection, abatement, or administrative costs would be pursued only as authorized by applicable law and any subsequent City action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2026-095 of the Mayor and City Council of the City of San Bernardino, California, denying the appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued for the property located at 570 North H Street, San Bernardino, commonly known as Sunshine Motel, and affirming the Building and Safety Division’s determination and orders.
.

Attachments
Attachment 1 - Resolution No. 2026-095
Attachment 2 - Search Warrant
Attachment 3 - Inspection photographs
Attachment 4 - Red Tag Closure Notice
Attachment 5 - Red Tag Correction Notice
Attachment 6 - San Bernardino County Fire Marshal Notice Attachment 7 - Applicable California Building Code / California Fire Code excerpts
Attachment 8 - Applicable San Bernardino Municipal Code excerpts Attachment 9 - Grant Deed
Attachment 10 - Appeal submitted by Appellant Bird
Attachment 11 - Appeal submitted by Ganpati Hospitality, LLC, Prakash Joshi, and Mina Joshi
Attachment 12 - Direct Notice of Quasi-Judicial Public Hearing and Proof of Service
Attachment 13 - Public Hearing Notice
Attachment 14 - Newspaper Publication / Legal Ad and Proof of Publication
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Attachment 15 - Resolution No. 2018-88, Quasi-Judicial Hearing Procedures
Ward:

The property is located at 570 North H Street, San Bernardino, California 92410-3150, in the First Ward.

Synopsis of Previous Council Actions:

None.

CC

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Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026

Page 1 of 6 ends

RESOLUTION NO. 2026-095

RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,

DENYING THE APPEAL OF THE RED TAG CLOSURE

NOTICE AND RED TAG CORRECTION NOTICE ISSUED
FOR THE PROPERTY LOCATED AT 570 NORTH H

STREET, SAN BERNARDINO, COMMONLY KNOWN AS

SUNSHINE MOTEL, AND AFFIRMING THE BUILDING
AND SAFETY DIVISION’S DETERMINATION AND
ORDERS
WHEREAS, the subject property is located at 570 North H Street, San Bernardino, California 92410-3150, commonly known as Sunshine Motel, APN 013046130 ("Property"); and,
WHEREAS, Ganpati Hospitality, LLC is identified as the owner of the Property, and James Vernon Bird and/or Aveika LLC dba Sunshine Motel are identified as operators or interested parties associated with the Property; and,
WHEREAS, on or about April 29, 2026, City of San Bernardino Building and Safety and Code Enforcement staff inspected the Property in connection with a law enforcement operation conducted pursuant to a search warrant obtained and executed by the San Bernardino Police Department; and,
WHEREAS, during the inspection, City staff observed conditions including, but not limited to, unpermitted electrical alterations and additions, unpermitted construction, enclosed living/sleeping quarters or enclosed connections for which permit records could not be verified, impaired emergency escape/rescue openings, obstructed egress, missing smoke alarms, and related building, electrical, fire-safety, and life-safety concerns; and, WHEREAS, based on the observed conditions, the Building and Safety Division determined that the Property contained unsafe conditions and issued a Red Tag Closure Notice and Red Tag Correction Notice on or about April 29, 2026, restricting occupancy and use of the Property except for authorized corrective work performed under valid permits; and, WHEREAS, on or about May 5, 2026, the San Bernardino County Fire Marshal issued a notice, with photographs, regarding the red tag and fire/life-safety violations at the Property; and,
WHEREAS, on or about May 14, 2026, Appellant James Vernon Bird, through counsel, submitted a request for appeal of the Red Tag Closure Notice and Red Tag Correction Notice; and,
WHEREAS, on or about May 18, 2026, Ganpati Hospitality, LLC, Prakash Joshi, and Mina Joshi, through counsel, submitted a request for appeal of the Red Tag Closure Notice and Red Tag Correction Notice; and,
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Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026

Page 2 of 6 ends

WHEREAS, the Mayor and City Council is hearing this matter as a quasi-judicial public hearing pursuant to California Building Code Section 1.8.8.1, applicable provisions of the California Building Standards Code, San Bernardino Municipal Code Sections 2.58.120 and

2.64 et seq., Resolution No. 2018-88, and all other applicable law; and, WHEREAS, California Building Code Section 1.8.8.1 requires every city, county, or city and county to establish a process to hear and decide appeals of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation of applicable building codes and other regulations governing construction, use, maintenance, and change of occupancy; and,
WHEREAS, for purposes of this hearing, the Mayor and City Council sit as the local appeals board, as applicable, to hear and decide the appeal of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation of applicable building standards and related regulations; and, WHEREAS, San Bernardino Municipal Code Section 2.58.120 authorizes the Mayor and City Council to adopt rules of procedure for the conduct of quasi-judicial hearings by resolution; and
WHEREAS, on March 21, 2018, the Mayor and City Council adopted Resolution No. 2018-88, establishing procedural rules for quasi-judicial hearings before the Mayor and City Council and other City boards and commissions; and
WHEREAS, the City Clerk caused notice of the quasi-judicial public hearing to be provided to the appellants, their counsel, affected City parties, and the public as required by applicable law; and,
WHEREAS, notice of the July 15, 2026 quasi-judicial public hearing was provided by direct notice to the interested parties, posting of the City Council agenda, and publication of a legal notice in a newspaper of general circulation, and the hearing was scheduled for July 15, 2026, at 5:00 p.m. at the Norman F. Feldheym Central Library/Bing Wong Auditorium, 555 West 6th Street, San Bernardino, California; and
WHEREAS, the Mayor and City Council conducted a duly noticed quasi-judicial public hearing on July 15, 2026, at which City staff, the appellants and/or their representatives, affected parties, and members of the public were given an opportunity to present testimony, documents, photographs, inspection records, written submissions, arguments, and other relevant evidence; and,
WHEREAS, before receiving testimony, the Mayor and City Council followed the City's quasi-judicial hearing procedures, including administration of oaths as applicable, disclosure of ex parte communications, receipt of the staff report, receipt of appellant testimony, receipt of public testimony, rebuttal, Council questions, closure of the hearing, deliberation, and action; and,
WHEREAS, the Mayor and City Council considered the entire administrative record, including but not limited to the staff report, appeal materials, search warrant, Red Tag Closure Notice, Red Tag Correction Notice, inspection photographs, Fire Marshal materials, applicable Packet Page. 42
Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026

Page 3 of 6 ends

code excerpts, public comments, appellant testimony, City staff testimony, and all other evidence submitted before or during the public hearing; and, WHEREAS, San Bernardino Municipal Code Section 2.64.070 provides that at the time of consideration of an appeal, evidence and arguments are limited to the specific grounds of appeal and matters set forth in the notice of appeal, and that the appellant bears the burden of establishing cause why the appealed action should be altered, reversed, or modified; and, WHEREAS, after considering the administrative record and all testimony and evidence presented, the Mayor and City Council find that the appellants have not met their burden to establish why the Red Tag Closure Notice and Red Tag Correction Notice should be reversed or modified; and,
WHEREAS, the Mayor and City Council further find that the administrative record supports the Building and Safety Division's determination that the Property contained unsafe conditions requiring occupancy restrictions and corrective work before re-occupancy or reduction of restrictions; and,
WHEREAS, the Mayor and City Council desire to deny the appeal and affirm the Red Tag Closure Notice and Red Tag Correction Notice.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:

SECTION 1. Recitals - The above recitals are true and correct and are incorporated herein by this reference as findings of the Mayor and City Council.

SECTION 2. Jurisdiction and Authority - The Mayor and City Council have jurisdiction to hear and decide this appeal pursuant to California Building Code Section 1.8.8.1, applicable provisions of the California Building Standards Code, San Bernardino Municipal Code Sections

2.58.120 and 2.64 et seq., Resolution No. 2018-88, and all other applicable law.

SECTION 3. Notice and Hearing - The Mayor and City Council find that notice of the quasijudicial public hearing was provided as required by applicable law. The Mayor and City Council further find that the appellants, their counsel, affected City parties, City staff, and members of the public were provided an opportunity to be heard and to present relevant testimony and evidence.

SECTION 4. Record Considered - In reaching its decision, the Mayor and City Council considered the entire administrative record, including but not limited to:

A. The staff report and attachments;
B. Written materials submitted before or during the hearing; C. Testimony and evidence presented by City staff;
D. Testimony and evidence presented by the appellants and/or their representatives; E. Public testimony and comments; and
F. All other evidence and argument received at the duly noticed quasi-judicial public hearing.

SECTION 5. Findings - The Mayor and City Council hereby makes the following findings:

Packet Page. 43
Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026

Page 4 of 6 ends

A. The Property is located at 570 North H Street, San Bernardino, California 92410- 3150, and is commonly known as Sunshine Motel.

B. On or about April 29, 2026, the Building and Safety Division issued a Red Tag Closure Notice and Red Tag Correction Notice concerning the Property.

C. The Red Tag Closure Notice and Red Tag Correction Notice were based on observed conditions at the Property, including unpermitted electrical alterations and additions, unpermitted construction, inability to verify required permits and inspections, impaired emergency escape/rescue openings, obstructed egress, missing smoke alarms, and related building, electrical, fire-safety, and life-safety concerns.

D. The administrative record supports the Building and Safety Division's determination that the Property contained unsafe conditions and that occupancy and use restrictions were necessary until required corrective work is performed under valid permits and approved inspections.

E. The appellants were provided notice and an opportunity to be heard.

F. The appellants have not established sufficient cause to reverse or modify the Red Tag Closure Notice or Red Tag Correction Notice.

G. Affirming the Red Tag Closure Notice and Red Tag Correction Notice is necessary to protect public health, safety, and welfare and to ensure compliance with applicable building, electrical, fire-safety, and life-safety requirements.

H. Nothing in this Resolution authorizes occupancy, use, or reopening of the Property, or any portion of the Property subject to the Red Tag Closure Notice or Red Tag Correction Notice, unless and until authorized in writing by the Building Official or other authorized City official following completion of required permits, corrections, inspections, and approvals.

SECTION 6. Decision - The appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued for the Property located at 570 North H Street, San Bernardino, California, commonly known as Sunshine Motel, is hereby DENIED. The Red Tag Closure Notice and Red Tag Correction Notice issued on or about April 29, 2026 are hereby AFFIRMED.

SECTION 7. Continuing Effect of Red Tag Closure Notice and Red Tag Correction Notice - The Red Tag Closure Notice and Red Tag Correction Notice shall remain in effect until the owner, operator, or other responsible party obtains all required permits, completes all required corrective work, obtains all required inspections and approvals, and receives written authorization from the Building Official or other authorized City official permitting reoccupancy, use, or reduction of restrictions. Nothing in this Resolution limits the City's authority to conduct further inspections, require additional corrections, issue additional notices or orders, pursue nuisance abatement, recover costs, or take any other enforcement action authorized by law.

SECTION 8. Direction to City Staff - The City Manager, Building Official, Director of Community Development & Housing, City Attorney, City Clerk, and other appropriate City officials are authorized and directed to take all actions necessary or appropriate to carry out this Resolution. The City Clerk is directed to serve a copy of this Resolution and a Notice of Decision on the appellants, their counsel, affected City parties, and any other persons required by law.

Packet Page. 44
Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026

Page 5 of 6 ends

SECTION 9. Judicial Review - The Mayor and City Council's decision is final and conclusive in accordance with San Bernardino Municipal Code Chapter 2.64, subject to judicial review under applicable law. The City shall take all lawful steps to ensure that any appellant aggrieved by this decision is afforded prompt judicial review if the decision is challenged in court.

SECTION 10. Effective Date - This Resolution shall take effect immediately upon adoption.

APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor and attested by the City Clerk this 15th day of July, 2026. __________________________________
Helen Tran, Mayor
City of San Bernardino
ATTEST:
__________________________________
Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:

By: _______________________________
Sonia Carvalho, City Attorney
Packet Page. 45
Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026

Page 6 of 6 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-095, adopted at a regular meeting held on the 15th day of July 2026 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 16th day of July 2026.

Telicia Lopez, CMC, City Clerk
Packet Page. 46
ATTACHMENT 2
Packet Page. 47

SEARCH WARRANT AND AFFIDAVIT
State of California — County of San Bernardino
(Affidavit)
Serzeant Raymond Bonshire declares that the information below is true and correa under penalty ofperjury ofthe laws ofthe State of California, in the attached and incorporated statement of probable cause are true and that based thereon he has probable cause to believe and does believe that the property and/or person described below is lawfully seizable pursuant to Penal Code Section 1524, as indicated below, and is now located at the locations set forth below.

Wherefore, affiant requests that this Search Warrant be issued. (Signature of Affiant)
HOBBS SEALING REQUESTED: DYES NO
NIGHT SERVICE REQUESTED: EYES ONO
(Search Warrant)

THE PEOPLE OF THE STATE OF CALIFORNIA TO ANYSHERIFF, POLICE OFFICER, OR PEACE OFFICER IN THE COUNTY OF SAN BERNARDINO: proof having been made, before me, by Sergeant Raymond Bonshire that there is probable cause to believe that at the property and/or person described herein may be found at the locations set forth herein and is lawfully seizable pursuant to Penal Code Section 1524 as indicated below by "X"(s) in that:
u lt was stolen or embezzled,
lt was used as the means of committing a felony,
E lt was possessed by a person with the intent to use it as means of committing a public offense or is possessed by another whom he or she may have delivered it for the purpose of concealing it or preventing its discovery, E lt tends to show that a felony has been committed or that a particular person has committed a felony, E lt tends to show that a sexual exploitation of a child in violation of Section 311.3, or depiction of sexual conduct ofa person under the age of 18 years, in violation ofSection 311.11, has occurred or is occurring, El There is a warrant for the person's arrest;
YOU ARE THEREFORE COMMANDED TO SEARCH:

See ATTACHMENT 'A'
AND TO SEIZE IT IF FOUND and bring it forthwith before me, or this court, at the courthouse of this court. This Search Warrant and incorporated Affidavit was sworn to as true and subscribed before me this 21 of April 2026, A.M./P.M. Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it.

HOBBS SEALING AUTHORIZED: DYES ONO
(Signature of Magistrate) NIGHT SERVICE AUTHORIZED: DYES ONO Judge of the Superior Court, San Bernardino Judicial District 1 SBPD CASE #2026-16829
Warrant ID: 000206580
Pagel of 11
Packet Page. 48

SEARCH WARRANT AND AFFIDAVIT
often employ victims of Human Trafficking and I believe there is a person(s) benefitting from the proceeds the victims collect in exchange for sexual acts, which is a violation of PC 266i — Pandering as well as PC 266h - Pimping. A search of the property for the items listed in item B will support evidence of this crime.

STATUTORY GROUNDS:

Your affiant states that the above property contains evidence which tends to show that a misdemeanor has been or is being committed in the City of San Bernardino County of San Bernardino, State of California, or tends to show that a particular person has committed a felony, to wit; PC 266h(a)(1) — Pimping, and PC 266i(a)(1) — Pandering. And this complainant prays that a search warrant may be issued to search for the same and that the same may be brought before a magistrate and disposed of according to law.

This Search Wan-ant and its incorporated Affidavit was sworn to and subscribed before me on this 21 day ofApril, 2026. Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it. (Signature ofJudge or Magistrate)
Judge ofthe Superior Court, Central Division
County of San Bernardino
State of California

HOBBS SEALING EYES E NO REQUESTED
NIGHT SEARCH REQUESTED [E] YES E NO
7 SBPD CASE #2026-16829
Warrant ID: 000206580

Page 7 of 11 ends

Packet Page. 49

SEARCH WARRANT AND AFFIDAVIT
Attachment 'A'
YOU ARE THEREFORE COMMANDED TO SEARCH:

Sunshine Motel — 570 N. H Street, San Bernardino, CA 92401 This image taken from Google Maps, the focus location of this search warrant will be the front office indicated by the red circle, as well as any part of the premises open to the public and unoccupied rooms (excluding individual occupied rooms at the time of service).

The Sunshine Motel is located at 570 N. H Street in the City and County of San Bernardino. lt is a small motel situated along the west side of N. H Street, just north of the intersection with W. Spruce Street. The motel is a two-story structure with access to the parking lot only through one entrance on N. H Steet. The front office is located right next to the driveway into the small parking lot and has windows facing the driveway as well as the parking lot. The front office area also serves as a residence for the manager, which is located deeper within the front office area. The rooms are laid out in an "L" formation, with the long portion running east/west, and the shorter portion running north/south further west from the intersection. The numbering system of each room is on a "hundred" basis, in which the first digit indicates the floor and the last two digits indicates the room number. For example, the first room on the ground level is Room "101", which indicates the first floor and first room located right next to the front office, while the last room on the ground level is Room "111", which is the last room located on the shorter end of the "L" on toward the west side of the parking lot. The second story rooms follow this same format, with Room "201" being directly above "101", and Room "211" located directly above "111". There are 22 rooms total at this motel. The photograph below depicts the top-down view of this motel as seen through Google Maps.

Any recently unoccupied rooms not currently being rented to locate any evidence of commercial sex activities prior to being re-occupied.

SBPD CASE #2026-16829
Warrant ID: 000206580

Page 8 of 11 ends

Packet Page. 50

SEARCH WARRANT AND AFFIDAVIT I
Attachment S'
FOR THE FOLLOWING ITEMS LOCATED ON THE PROPERTY:
1 All electronic data processing and storage devices, computers and computer systems, such as central processing units, internal and peripheral storage devices such as fixed disks, internal and external hard drives, floppy disk drives and diskettes, tape drives and tapes, optical storage devices, dongles, encryption keys, personal data assistants (PDA's) or other memory storage devices; and any/all peripheral input/output devices such as keyboards, printers, video display monitors, optical readers and related communication devices such as modems, associated telephone sets, speed dialers, and/or other controlling devices, plotters, software to run programs, connecting cables and plugs, peripherals such as joysticks, mice, or other input devices, scanners, writing pads, manuals, connecting switches, telephones and telephone cables, and interface devices; system documentation, operating logs and documentation, software and instructional manuals. Computing or data processing software, stored on any type of medium such as: hard disks, floppy disks, CD-R's, CD-RW's, DVD's, cassette tapes, or other permanent or transient storage medium

2. Condoms and other sex related items.

3. Any keys, lock boxes, briefcases, and file cabinets used to facilitate the storage of any of the items to be seized.

4. United States currency, bank records, precious metals, jewelry, and other financial instruments related to human trafficking or its profits.

5. Photographs, in particular photographs of potential co-conspirators, of assets and controlled substances.

6. lndicia of dominion of control of the premises, including rental receipts, telephone bills, canceled envelopes, other mail and keys.

7. Weapons, including rifles, shotguns, semi-automatic weapons, assault rifles, machine-guns, revolvers, semi-automatic handguns, machine pistols, and any ammunition, holsters, carry cases, accessories, clips and magazines for the above listed items. Knives or other weapons as defined in section 12020 of the California Penal Code

8. Any incoming telephone calls or text messages during the service of this search warrant.

9. Any recently unoccupied rooms not currently being rented to locate any evidence of commercial sex activities prior to being re-occupied.
9 SBPD CASE #2026-16829
Warrant ID: 000206580

Page 9 of 11 ends

Packet Page. 51
SEARCH WARRANT AND AFFIDAVIT]
CODE ENFORCEMENT:

Your affiant requests Code Enforcement Officers to accompany the Peace Officers executing this Search Warrant for the purpose of enforcement of any city code violations following the execution of the search warrant. lt is common for suspected brothels to have numerous health code violations, such as unsanitary conditions.

REQUEST OF AFTER-HOUR "NIGHT" SERVICE:

Based on your affiant's training and experience, locations which conduct illegal commercial sex (commonly referred to as brothels) often experience their heaviest traffic late at night beyond 2200 hours, which is beyond the normal court operating hours — this location advertises that it closes at approximately 0130 hours. Due to this, it may be in the interest of justice to serve this warrant afterhours; this includes preservation of evidence as well as the rescue of potential victims of human trafficking. I respectfully request the court to allow the service of this search warrant, pending the availability of resources, during any time of the day or night as allowed by PC 1533. 10 SBPD CASE #2026-16829
Warrant ID: 000206580

Page 10 of 11 ends

Packet Page. 52

WARRANT NOTES
(No Notes)
County of San Bernardino.

The people of the State of California to any peace officer in the County of San Bernardino:

Proof, by an affidavit submitted under penalty of perjury having been made this day by the officer whose signature is affixed to the affidavit, that there is probable cause for believing that evidence tending to show that a felony (or felonies) has or have been committed, you are therefore commanded to make search on the person and/or property set forth in the description page and/or affidavit, which is incorporated by reference herein; and, in the case of a thing or things or personal property, if you find the same or any part thereof, to bring the thing or things or personal property forthwith before me at the courthouse of this Court.

Given under my hand, and issued at 15:45 on this 21st day of April, 2026 Hobbs Sealing Approved: NO
Judge Wm. Jefferson Powell
Warrant ID: 000206580

END OF WARRANT
Night Service Approved: YES Delayed Notification: 0 Days

Page 11 of 11 ends

Packet Page. 53
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ATTACHMENT 4
Packet Page. 71
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Caution: This structure ha inspected
and found to be seriously damaged and is
unsafe to occupy as described below:
ultb dlt ellegAIÇ
Do not enter, except as specifically
authorized in writing by jurisdiction.

E äay result in eath or"
U3INO
3 Department
2418, Phone: (E 384-7272
R rAZCUPY
ZivIOLITION ORDER)
Date: OW 2.9
Time: 3 %.3
This facility was inspected under emergency
conditions for:

Do Not Remove, Alter or Cover this Placard
until Authorized by Governing Authority
Packet Page. 72

CITY OF SAN BERMARDINO
Planning and Building Services Department 201 North "E" Street, San Bernardino, CA 92418, Phone: (909) 384-727 • DO NOT ENTER OR 00 ;UP*
(THIS PLACARD IS NOT A DEMOLI MIN ORDER)
Caution: rhis structure has been inspected
and found to be seriously damaged and is
unsafe to occupy, as described below:

NPliF Rat Wire &iec. t 4,1 Sir "HAAT Polo fp ft.**, ow.* 4 p.m* t4P. AtIP t'srV pi-ts r_wtDo not enter, except as specificallv authorized in Lilting by jurisdiction.

Entry may rPsult in death or injury.

Facility Name and Adr ess
5016 AI 14 o is
,MONIN _1M
Date: 014/ 2.4-1 42.,6
Time: .30
This facility was inspected under emergency
conditions for:

City of
San Bernardino
Inspector ID/Agency
OL2
DSTR-5.03 (1 1-94)
Do No, Remove, Alter or Cover thic
until Authorized by Governing Air irity
lacard
Packet Page. 73
ATTACHMENT 5
Packet Page. 74
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Community Development lit Housing Department
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Date: 0 Li / 2-9 / 2-6
Address: 57e) N A/ Sr • AP/Vs a/341 —as -- 7Q
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Inspector:

Notes:
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City of San Bernardino Page 2 of 2
Packet Page. 76
ATTACHMENT 6
Packet Page. 77

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
598 S. Tippecanoe Ave. • San Bernardino, CA 92408 • (909) 386-8400 • Fax (909) 386-8460 Date: May 5, 2026
TO: Ganpati Hospitality LLC
Office of the Fire Marshal
sbcfire.org
Daniel R. Munsey
Fire Chief/Fire Warden
Monica Ronchetti
Fire Marshal
SUBJECT: FANL-006783 — 0134051281013405114 Sunshine Motel 570 N. H Street San Bernardino CA 92410
To whom it may concern,
The San Bernardino County Fire District, Office of the Fire Marshal conducted an annual fire inspection on Wednesday, April 29, 2026.

The noted fire and life safety violations listed below shall be corrected within 30 days. A re-inspection will be conducted on or about 30 days to ensure compliance. Failure to comply may result in Administrative or Legal Action. Additional fees may be assessed for additional re-inspections. Failure to comply with correcting violations SHALL result in a $247.00 re-inspection fee.

Due to the observed fire and life safety violations this property was red tagged and non-habitable until violations are brought into compliance.
1 Security bars (burglar bars) shall be operational from the inside of the room without the use of keys or tools; office bedroom window. Bars are currently bolted shut. CFC 1031.2.1

2. Carbon monoxide detection shall be provide; office dwelling unit. CFC 915.1.2

3. Service and tag fire extinguishers by a CA state licensed contractor; Office residence and maintenance rooms.

Title 19 SS 575.1

4. Maintain wiring in good condition; room 201 AC wires frayed. CEC (California Electrical Code)

5. Accessible egress shall be maintained; bedroom door blocked by bed. CRC R311

6. Posted "THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED"; office lobby CFC 1010.2.4

7. Discontinue the use of extension cords in lieu of permanent wiring; maintenance room. CFC 603.6

8. Smoke alarms shall be installed and maintained in every room containing sleeping areas. CFC 907.2.11

9. Provide lamp with cover for exposed electrical; room 208. CFC 601.2

10. Replace glass bulb for pull stations; adjacent to rooms 101 and 201. CFC 901.6

11. Repair drywall ceiling penetration; room 103. CFC 703.2 Yours in Service,
TOM STRONG, Deputy Fire Marshal
San Bernardino County Fire Protection District
Office of the Fire Marshal
"Duty, Honor, Community"
Attachment: Photo Narrative
Col. Paul Cook (Ret.)
First District
Jesse
Arm endarez
Second District

BOARD OF DIRECTORS
Dawn Rowe
Vice Chair. Third District
Curt Hagman Joe Baca, Jr.

Chairman, Fourth District Fifth District
Luther Snoke
Chief Executive Officer
Packet Page. 78
San Bernardino County Fire Department
North Desert Office -
High Desert Government Center
Office of the Fire Marshal
(909) 386-8400
Annual Inspection Report
Facility Name: SUNSHINE MOTEL
Permit Number: FANL-006783
Location: 570 H ST SAN BERNARDINO CA,
92410
Anniversary Date: 08/31/2022
Inspection Date: 04/29/2026
Inspection Comments: Refer to attached documents.

Dear Facility Owner or Representative,
(760) 995-8190
Square Footage:

Permit Types:

ApN: 0134051280000
Inspection Type: Annual Inspection
Inspection Status: Violations - Fail
If the status of your inspection is not "No Violations - Pass" or "Corrected Violations - Pass", then a re-inspection will be required. Inspection comments above may designate the number of days before a re-inspection will occur. If this information is missing, please contact County Fire staff at one of the numbers above to coordinate your re-inspection date.

Any Violations identified during inspection, along with inspector notes, can be found on the following page(s) in the Fire Life and Safety Violations section of this document. If no violations were found on your initial annual inspection, then this section will show "No Violations". If corrections were verified during re-inspection, then you will see the violations reported with status of "Corrected"
Owner: GANPATI HOSPITALITY LLC Inspector: Zared Ibarra
Packet Page. 79
Permit Number: FAN L-006783 Inspection Type: Annual Inspection Inspection Date: 04/29/2026 Inspection Status: Violations - Fail Fire Life & Safety Violations
103 103 Service and tag (by State Licensee) extinguishers annually and after each use. CCR T-19 Sec. 575.1 Violation
110 108 Inspect/test fire alarm system (by State licensee) and maintain adequate records, maintain fire alarm system in operable condition. CRC Sec. 907.8
Violation Replace bulbs in pill stations
202 202 Main exit doors equipped with key locking hardware shall be posted "THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED". CFC Sec. 1010.1.9.3
Violation
Violation
Violation
401 401 Discontinue use of extension cords and multi-plug adapters in lieu of permanent wiring. CFC Sec. 605.5 403 403 Maintain wiring in good condition pursuant to the California Electrical Code and protect from damage. CFC Sec. 605.1
601 601 Repair rated walls, draft stops and ceilings to maintain fire resistive rating. CFC Sec. 703.1 Violation
1100 1100 Additional Comments! Requirements
Violation Security window bar quick release shall be operational at all times. 1110 1110 Additional Comments / Requirements
Violation Smoke detectors and carbon monoxide detectors shall be installed throughout.
1120 1120 Additional Comments / Requirements
Violatiän All egress shall be maintained
Packet Page. 80

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description MOTEL FROM H ST
2) Description MOTEL ADDRESS
013405114
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
1 Packet Page. 81

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description OFFICE LOBBY MISSING SIGNAGE
013405114
2) Description OFFICE LOBBY MISSING SIGNAGE
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
- 2
Packet Page. 82

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description OFFICE LOBBY (SECURED SHUT)
013405114
2) Description OFFICE LOBBY RED TAG (SECURED SHUT)
Date Taken: 5/01/2026
Taken by: S. PAGDILAO Signature: SP
3 Packet Page. 83

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description PRIVATE RESIDENCE MAIN ENTRY
013405114
2) Description OFFICE / RESIDENCE RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
4 Packet Page. 84

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128 /
013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description RESIDENCE SECURITY BARS BOLTED SHUT (EXTERIOR) 2) Description RESIDENCE SECURITY BARS BOLTED SHUT (INTERIOR) Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
5 Packet Page. 85

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description RESIDENCE FIRE EXTINGUISHER OUT OF SERVICE 2) Description RESIDENCE DOOR OBSTRUCTED BY BED
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
6 Packet Page. 86

PHOTO NARRATIVE

PHOTO 'I
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
013405114
1) Description PRIVATE RESIDENCE MAIN ENTRY (SECURED SHUT) 2) Description PRIVATE RESIDENCE RED TAG (SECURED SHUT) Date Taken: 5/01/2026
Taken by: S. PAGDILAO Signature: SP
7 Packet Page. 87

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 101
013405114
2) Description ROOM 101 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
8 Packet Page. 88

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description MISSING GLASS BULB NEAR ROOM 101
013405114
2) Description ROOM 101 —MISSING SMOKE ALARM
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
9 Packet Page. 89

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 102
2) Description ROOM 102 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
10 Packet Page. 90

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 102 — SMOKE ALARM DISCONNECTED
4/29/2026
M. GOMEZ Signature: MG
11 Packet Page. 91

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 103
013405114
2) Description ROOM 103 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
12 Packet Page. 92

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
013405114
1) Description ROOM 103 - SMOKE ALARM NOT FUCTIONING PROPERLY 2) Description ROOM 103— CEILING PENETRATION
Date Taken; 4/29/2026
Taken by: M. GOMEZ Signature: MG
13 Packet Page. 93

PHOTO NARRATIVE
PHOTO
PHOTO 2
.1041
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 104
013405114
2) Description ROOM 104 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
14 Packet Page. 94

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 104- SMOKE ALARM NOT FUCTIONING PROPERLY
4/29/2026
M. GOMEZ Signature: MG
15 Packet Page. 95

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 105
013405114
2) Description ROOM 105 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
16 Packet Page. 96

PHOTO NARRATIVE
Property Address
1) Description
2) Description
Date Taken:

Taken by:

Packet Page. 97

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 106
013405114
2) Description ROOM 106 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
18 Packet Page. 98

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128 /
013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 106 — SMOKE ALARM MISSING
4/29/2026
M. GOMEZ Signature: MG
19 Packet Page. 99

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 107
013405114
2) Description ROOM 107 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
20 Packet Page. 100

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 107— SMOKE ALARM NOT FUCTIONING PROPERLY
4/29/2026
M. GOMEZ Signature: MG
21 Packet Page. 101

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 108
013405114
2) Description ROOM 108 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
22 Packet Page. 102

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 108 — SMOKE ALARM MISSING
4/29/2026
M. GOMEZ Signature: MG
23 Packet Page. 103

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 109
2) Description ROOM 109 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
24 Packet Page. 104

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 109 — SMOKE ALARM MISSING
4/29/2026
M. GOMEZ Signature: MG
25 Packet Page. 105

PHOTO NARRATIVE
'to. PHOTO 1
..)
PHOTO 2
Owner Name: APN/GPS: 013405128 /

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 110
013405114
2) Description ROOM 110 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
26 Packet Page. 106

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 110 — SMOKE ALARM NOT FUCTIONING PROPERLY
4/29/2026
M. GOMEZ Signature: MG
27 Packet Page. 107

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
,./foofi =awful-Muslin :4inaysmuctuire 011104 r+to nu
zoom i.i
1-ire 3_PrF6T
iwkwAsolatk.

Allj
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 111
013405114
2) Description ROOM 111 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
28 Packet Page. 108

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 111 —SMOKE ALARM MISSING
4/29/2026
M. GOMEZ Signature: MG
29 Packet Page. 109

PHOTO NARRATIVE
PHOTO
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 201
013405114
2) Description ROOM 201 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
30 Packet Page. 110

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 201 — SMOKE ALARM MISSING
013405114
2) Description ROOM 201 — WALL PENETRATION
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
31 Packet Page. 111

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 201 — FRAYED WIRE
4/29/2026
M. GOMEZ Signature: MG
32 Packet Page. 112

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
1202/
Owner Name: APN/GPS: 013405128!

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 202
013405114
2) Description ROOM 202 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
33 Packet Page. 113

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 202 — FIRE ALARM MISSING
013405114
2) Description ROOM 202 — MISSING VENT COVER
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
34 Packet Page. 114

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:
\203

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 203
2) Description ROOM 203 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
35 Packet Page. 115

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

APN/GPS: 013405128 /
GANPATI HOSPITALITY LLC 013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 203— SMOKE ALARM NOT FUCTIONING PROPERLY
4/29/2026
M. GOMEZ Signature: MG
36 Packet Page. 116

PHOTO NARRATIVE
1204/
PHOTO
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 204
013405114
2) Description ROOM 204 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
37 Packet Page. 117

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 204— SMOKE ALARM NOT FUCTIONING PROPERLY
4/29/2026
M. GOMEZ Signature: MG
38 Packet Page. 118

PHOTO NARRATIVE
-.Jr, ca .7-t- •
-
PHOTO 1
(2051
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 205
013405114
2) Description ROOM 205 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
39 Packet Page. 119

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 205— SMOKE ALARM NOT FUCTIONING PROPERLY
4/29/2026
M. GOMEZ Signature: MG
40 Packet Page. 120

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 206
013405114
2) Description ROOM 206 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
41 Packet Page. 121

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 206— SMOKE ALARM MISSING
4/29/2026
M. GOMEZ Signature: MG
42 Packet Page. 122

PHOTO NARRATIVE
PHOTO 1
Ifs2671
PHOTO 2
Owner Name: APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 207
2) Description ROOM 207 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
43 Packet Page. 123

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 207— SMOKE ALARM MISSING
2) Description ROOM 207
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
44 Packet Page. 124

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128 /
013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 208
2) Description ROOM 208 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
45 Packet Page. 125

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
013405114
1) Description ROOM 208— SMOKE ALARM NOT FUCTIONING PROPERLY 2) Description ROOM 208— EXPOSED WIRES
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
46 Packet Page. 126

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 209
013405114
2) Description ROOM 209 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
47 Packet Page. 127

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 209— SMOKE ALARM MISSING
4/29/2026
M. GOMEZ Signature: MG
48 Packet Page. 128

PHOTO NARRATIVE
PHOTO
PHOTO 2
Owner Name:
\‘210

GANPATI HOSPITALITY LLC
APN/GPS: 013405128/
013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 210
2) Description ROOM 210 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
49 Packet Page. 129

PHOTO NARRATIVE
Property Address
1) Description
2) Description
Date Taken:

Taken by:

ROOM 210 — SMOKE ALARM NOT FUCTIONING PROPERLY
Packet Page. 130

PHOTO NARRATIVE
\ 211 PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/

GANPATI HOSPITALITY LLC
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description ROOM 211
013405114
2) Description ROOM 211 RED TAG
Date Taken: 4/29/2026
Taken by: M. GOMEZ Signature: MG
51 Packet Page. 131

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
570 N. H ST, SAN BERNARDINO CA 92410
ROOM 211 — SMOKE ALARM NOT FUCTIONING PROPERLY
4/29/2026
M. GOMEZ Signature: MG
52 Packet Page. 132

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name:

Property Address
1) Description
2) Description
Date Taken:

Taken by:

GANPATI HOSPITALITY LLC
APN/GPS: 0134051281
013405114
570 N. H ST, SAN BERNARDINO CA 92410

LAUNDRY ROOM ENTRANCE
4/29/2026
M. GOMEZ Signature: MG
53 Packet Page. 133

PHOTO NARRATIVE
PHOTO 1
PHOTO 2
Owner Name: APN/GPS: 013405128/
GANPATI HOSPITALITY LLC 013405114
Property Address 570 N. H ST, SAN BERNARDINO CA 92410
1) Description LAUNDRY ROOM — SMOKE ALARM NOT FUCTIONING

PROPERLY
2) Description
Date Taken:

Taken by:

LAUNDRY ROOM — EXTENSION CORD! MULTI-PLUG

ADAPTER
4/29/2026
M. GOMEZ Siclnature: MG
Packet Page. 134
4/29/26, 3:52 PM CONFIRE JPA - Inform Browser: 23.103.1419.4 :23.105.596.11 - Reports - Incident Report Incident Detail Report
Data Source: Production
Incident Status: Active
Incident number: 26-102604
Case Numbers:

Incident Date: 4/29/2026 11:18:02
Report Generated: 4/29/2026 15:51:44
1I f
Incident Type: LEA Alarm Level:

Priority: P4 Problem: LEA - Law Enforcement Assist
Determinant: Agency: ConFire
Base Response#: Jurisdiction: San Bernardino County
Confirmation* Division: East Valley
Taken By: Villanueva, Leilanie Battalion: East Valley
Response Area: BD018 AMR Response Plan: BOO LEA
Disposition: Command Ch:

Cancel Reason: Primary TAC:

Incident Status: Active Secondary TAC:

Certification: 0 Delay Reason (if any):

Longitude: 117301248 Latitude: 34109504
'dent Locatic . Location Name: SUNSHINE MOTEL County: SAN BERNARDINO Address: 570 N H ST Location Type: Motels and Hotels
Apartment: Cross Street: N H ST/No Cross Street
Building: Map Reference: SB0046
City, State, Zip: San Bernardino City CA 92410
Caller Name: FM151
Method Received: Call Back Phone: 760-490-1794
Caller Type: Caller Location:

Caller Address: Caller Location Phone:

Caller Building: Caller Apartment:

Caller City, State, Zip: Caller County:
ime Stamp - - - Description Date Time User Description Time Phone Pickup 4/29/2026 11:18:01
1st Key Stroke 4/29/2026 11:18:02 Received to In Queue 00:02:00 In Waiting Queue 4/29/2026 11:20:02 Call Taking 00:03:54 Call Taking Complete 4/29/2026 11:21:56 Villanueva,
Leilanie
In Queue to 1st Assign 00:00:06.3
1st Unit Assigned 4/29/2026 11:20:09 Call Received to 1st Assign 00:02:07.1 1st Unit Enroute 4/29/2026 11:20:09 Assigned to 1st Enroute 00:00:00.0 1st Unit Arrived 4/29/2026 11:20:09 Enroute to 1st Arrived 00:00:00.0 Closed Incident Duration
Assig
Primary Delay Odm. Odm. Cancel
Unit Flag Assigned Disposition Enroute Staged Arrived At Patient Avail Complete EnrouteArrivedReason FM151 Y 11:20:09 11:20:09 11:20:09 14:42:55
P154 N 11:20:36 11:20:36 11:20:36
P153 N 11:20:50 11:20:50 11:20:50
AFM152 N 11:21:34 11:21:34 11:21:34
'2e1
No Personnel Assigned
No Caution Notes found
armits
No Permit Information
• - r.-.neduted lnf
No Pre-Scheduled Information
' - No Transports Information
_ - No Transports Information
Date Time User Type Conf. Comments
[1] [Premise: 71.) N 0 ST [SAN BE . •. RDINO CITY POLICE 4 29/206 1119 8 2:2 Automatic Uy DEPT]] [High] [Notification Required] SBPD kilAIN STATION: Response System START A COAST UNIT TO ALL CALLS AT THIS LOCATION IF

THEY ARE AVAILABLE
cad.confire.orgNisiNetBrowser/Search/IncidentReporlaspx?id=4540661&ds=d&incNum=26-102604 1/5 Packet Page. 135 4/29/26, 3:52 PM CONFIRE JPA- Inform Browser: 23.103.1419.4 : 23.105.596.11 - Reports - Incident Report [2] [Address: 710 N 0 ST [SAN BERNARDINO CITY POLICE
4i2;/2026 11:19:28 Automatic By
Systern Response DEPT]] [High] [Notification Required] SBPD MAIN STATION:START A COAST UNIT TO ALL CALLS AT THIS LocArioN IF 'TUC, A nc /1,111 A CO 4/29/2026 11:19:46 K4594 Response [3] FM151 , P154, P153, FM152 OS FOR LEA- WILL CLEAR IN A

FEW HOURS
4/29/2026 14:24:55 K4440 Response [4] AFM 152 UPDATED LOC: 570 N H STREET**** icss C
Date
4/29/2026
Time Location/Address
14:25:06 SAN BERNARDINO CITY POLICE DEPT /710 ND ST
No Priority Changes
Alarm Level Changes
No Alarm Level Changes
User
Activity
Date Time Radio Activity Location Log Entry User
4/29/2026 11:19:28 Read Comment 710 ND ST Comment for Incident 661 was marked asAssignmentSv read.
4/29/2026 11:19:31 Problem Nature 710 N D ST Incident problem nature changed from K4594 <Blank> to LEA - Law Enforcement Assist
4/29/2026 11:19:32 SOP Updated 710 ND ST Updated SOP information is available K4594 4/29/2026 11:20:02 UserAction 710 ND ST Send to queue initiated K4594 4/29/2026 11:20:02 UserAction 710 N D ST User clicked Evaluate Duplicates K4594 4/29/2026 11:20:02 Incident in Waiting Queue
4/29/2026 11:20:02 Waiting Pending Incident
Time Warning
Waiting Pending Incident Time Warning
timer expired
4/29/2026 11:20:03 Incident Transfer 710 N D ST Incident has been has been transferred, C2CSERVICE fusion ID 69f24bd24c67fe9662febbcc
4/29/2026 11:20:05 Incident in Waiting Queue
Timer Clear
4/29/2026 11:20:05 Remove Waiting Pending Removing Waiting Pending Incident Time Incident Warning Warning timer expired
4/29/2026 11:20:06 Read Incident 710 ND ST Incident 661 was marked as read. K4593 4/29/2026 11:20:06 Read Comment 710 ND ST Comment for Incident 661 was marked asK4593 read.
4/29/2026 11:20:08 SOP Updated 710 N D ST Updated SOP information is available K4593 4/29/2026 11:20:09 FM151 Dispatched BDC OFM K4594
4/29/2026 11:20:09 FM151 ER 710N D ST [SAN Responding From = BDC OFM. K4594

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:20:09 FM151 OS 710N D ST [SAN K4594

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:20:09 FM151 CallAlert Error Received 710N DST [SAN Radio ID: 705909 Vehicle: FM151 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
Message: Acknowledgment was not
received
4/29/2026 11:20:09 FM151 CallAlert Ack Received 710N D ST [SAN Radio ID: 739285 Vehicle: FM151 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:20:09 FM151 CallAlert Error Received 710 N D ST [SAN Radio ID: 707897 Vehicle: FM151 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
Message: Acknowledgment was not
received
4/29/2026 11:20:09 FM151 CallAlert Error Received 710 N D ST [SAN Radio ID: 70897 Vehicle: FM151 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
Message: Acknowledgment was not
received
4/29/2026 11:20:09 FM151 CallAlert Error Received 710 N D ST [SAN Radio ID: 739205 Vehicle: FM151 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
Message: Acknowledgment was not
received
4/29/2026 11:20:10 FM151 CallAlert Ack Received 710 N D ST [SAN Radio ID: 707403 Vehicle: FM151 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:20:15 UserAction 710 N D ST User clicked Save & Exit K4593 4/29/2026 11:20:36 P154 Dispatched PREV K4594
4/29/2026 11:20:36 P154 ER 710 N D ST [SAN Responding From = PREV. K4594

BERNARDINO CITY
POLICE DEPT] 4/29/2026 11:20:36 P154 OS 710 N D ST [SAN K4594

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:20:36 P154 CallAlert Error Received PREV Radio ID: 705962 Vehicle: P154 STATIONALEF Message: Acknowledgment was not
received
4/29/2026 11:20:50 P153 Dispatched PREV K4594
4/29/2026 11:20:50 P153 ER 710 N D ST [SAN Responding From = PREV. K4594

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:20:50 P153 OS 710 N D ST [SAN K4594

BERNARDINO CITY
POLICE DEPT]
cad.confire.org/VisiNetBrowser/Search/IncidentReport.aspx?id=4540661&ds=d&incNum=26-102604 2/5 Packet Page. 136 4/29/26, 3:52 PM CONFIRE JPA- Inform Browser: 23.103.1419.4 23.105.596.11 - Reports - Incident Report 4/29/2026 11:20:50 P153 CallAlert Ack Received 710 ND ST [SAN Radio ID: 707410 Vehicle: P153 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:21:34 AFM152 Dispatched PREV K4594
4/29/2026 11:21:34 AFIVl152 ER 710 N D ST [SAN Responding From = PREV. K4594

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:21:34 AFM152 OS 710 N D ST [SAN K4594

BERNARDINO CITY
POLICE DEPT]
4/29/2026 11:21:37 AFM 152 CallAlert Error Received 710 N D ST [SAN Radio ID: 707910 Vehicle: AFM152 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
Message: Acknowledgment was not
received
4/29/2026 11:21:37 AFM152 CallAlert Error Received 710 N D ST [SAN Radio ID: 738460 Vehicle: AFM152 STATIONALEF

BERNARDINO CITY
POLICE DEPT]
Message: Acknowledgment was not
received
4/29/2026 11:21:56 UserAction 710 N D ST User clicked Save & Exit K4594 4/29/2026 11:26:17 SOP Updated 710 N D ST Updated SOP information is available J4622 4/29/2026 11:34:55 UserAction 710 N D ST User clicked Save & Exit J4622 4/29/2026 12:20:09 Incident Late Active incident marked as late 4/29/2026 12:20:29 FM151 Reset System Timer 710 N D ST [SAN [Timer] Reset System Timer [Reset J3263 BERNARDINO CITY Reason] RI-Reset Timer [Next Late
POLICE DEPT] Check Time] 4/29/2026 12:40:29
4/29/2026 12:20:36 Incident Late Active incident marked as late 4/29/2026 12:20:47 P154 Reset System Timer 710 ND ST [SAN [Timer] Reset System Timer [Reset J3263 BERNARDINO CITY Reason] RI-Reset Timer [Next Late
POLICE DEPT] Check Time] 4/29/2026 14:20:47
4/29/2026 12:20:50 Incident Late Active incident marked as late 4/29/2026 12:21:54 P153 Reset System Timer 710 ND ST [SAN [Timer] Reset System Timer [Reset J3263 BERNARDINO CITY Reason] RT-Reset Tinier [Next Late
POLICE DEPT] Check Time] 4/29/2026 14:21:54
4/29/2026 12:21:54 AFM152 Reset System Timer 710 ND ST [SAN [Timer] Reset System Timer [Reset J3263 BERNARDINO CITY Reason] RT-Reset Timer [Next Late
POLICE DEPT] Check Time] 4/29/2026 14:21:54
4/29/2026 12:40:30 Incident Late Active incident marked as late 4/29/2026 12:41:33 FM151 Reset System Timer 710 N D ST [SAN [Timer] Reset System Timer [Reset J3263 BERNARDINO CITY Reason] RI-Reset Timer [Next Late
POLICE DEPT] Check Time] 4/30/2026 12:41:32
4/29/2026 14:20:47 Incident Late Active incident marked as late 4/29/2026 14:22:51 SOP Updated 710 N D ST Updated SOP information is available K4440 4/29/2026 14:23:08 UserAction 710 N D ST User clicked Save & Exit K4440 4/29/2026 14:24:27 SOP Updated 710 ND ST Updated SOP information is available K4440 4/29/2026 14:24:55 Read Comment 710 ND ST Comment for Incident 661 was marked asK4440 read.
4/29/2026 14:25:09 UserAction 570 N H ST User clicked Save & Exit K4440 4/29/2026 14:26:26 P154 Reset System Timer 570 N H ST [SUNSHINE [Timer] Reset System Timer [Reset J3263 MOTEL] Reason] RT-Reset Timer [Next Late
Check Time] 4/29/2026 16:26:26
4/29/2026 14:26:26 P153 Reset System Timer 570 N H ST [SUNSHINE [Timer] Reset System Timer [Reset J3263 MOTEL] Reason] RT-Reset Timer [Next Late
Check Time] 4/29/2026 16:26:26
4/29/2026 14:26:26 AFM152 Reset System Timer 570 N H ST [SUNSHINE [Timer] Reset System Timer [Reset J3263 MOTEL] Reason] RT-Reset Timer [Next Late
Check Time] 4/29/2026 16:26:26
4/29/2026 14:42:55 FM151 AOR 570 N H ST [SUNSHINE Unit Cleared From Incident 26-102604 TC123 MOTEL]
Date Time Field Changed From Changed To Reason Table Workstation User 4/29/2026 11:18:01 County SAN (Response Incident DISPATCH11 K4594 BERNARDINO Viewer)
4/29/2026 11:18:02 Agency Name ConFire (Response Incident DISPATCH11 K4594 Viewer)
4/29/2026 11:18:02 Latitude (Response Incident PRODCADRTE01AssignmentSvc Viewer)
4/29/2026 11:18:02 Longitude 0 (Response Incident PRODCADRTE01AssignmentSvc Viewer)
4/29/2026 11:18:02 State CA (Response Incident DISPATCH 11 K4594 Viewer)
4/29/2026 11:19:09 Call Back 760-490-1794 (Response Incident DISPATCH 11 K4594 Phone Viewer)
4/29/2026 11:19:28 Address 710 ND ST New Entry Incident DISPATCH 11 K4594 4/29/2026 11:19:28 NewCity San Bernardino New Entry Incident D ISPATCH 11 K4594 City
4/29/2026 11:19:28 Postal Code 92401 New Entry Incident DISPATCH 11 K4594 4/29/2026 11:19:28 PremiselD 0 19318 Premise Incident D ISPATCH 11 K4594 Verified
4/29/2026 11:19:28 StreetID 0 313793 New Entry Incident DISPATCH 11 K4594 4/29/2026 11:19:28 Location SAN New Entry Incident DISPATCH 11 K4594 Name BERNARDINO

CITY POLICE
DEPT
cad.confire.org/VisiNetBrowser/Search/IncidentReport.aspx?id=4540661&ds=d&incNum=26-102604 315 Packet Page. 137 4/29/26, 3:52 PM CONFIRE JPA - Inform Browser: 23.103.1419.4 : 23.105.596.11 - Reports - Incident Report 4/29/2026 11:19:28 Location Type Law Enforcement New Entry Incident DISPATCH11 K4594 Agency
4/29/2026 11:19:28 Latitude 0 34112700 New Entry Incident DISPATCH11 K4594 4/29/2026 11:19:28 Longitude 0 117292863 New Entry Incident DISPATCH11 K4594 4/29/2026 11:19:28 Division East Valley New Entry Incident DISPATCH11 K4594 4/29/2026 11:19:28 Battalion East Valley New Entry Incident DISPATCH11 K4594 4/29/2026 11:19:28 Jurisdiction San Bernardino New Entry Incident DISPATCH11 K4594 County
4/29/2026 11:19:28 Home Sector 0 1 New Entry Incident DISPATCH11 K4594 4/29/2026 11:19:28 Current Sector 0 1 New Entry Incident DISPATCH 11 K4594 4/29/2026 11:19:28 Cross Street N D ST/No Cross New Entry Incident DISPATCH11 K4594 Street
4/29/2026 11:19:28 House 710 New Entry Incident DISPATCH 11 K4594 Number
4/29/2026 11:19:28 Response BD018 AMR New Entry Incident DISPATCH11 K4594 Area
4/29/2026 11:19:28 Unread False True (Response Incident PRODCADRTE01AssignmentSvc Comment Viewer)
4/29/2026 11:19:28 Latitude 0 34.1127 (Response Incident PRODCADRTE01AssignmentSvc Viewer)
4/29/2026 11:19:28 Longitude 0 -117.292863 (Response Incident PRODCADRTE01AssignmentSvc Viewer)
4/29/2026 11:19:31 Problem Name LEA - Law (Response Incident DISPATCH11 K4594 Enforcement Assist Viewer)
4/29/2026 11:19:31 Certification 0 (Response Incident DISPATCH11 K4594 Level Viewer)
4/29/2026 11:19:31 Certification 0 (Response Incident DISPATCH11 K4594 Level Viewer)
4/29/2026 11:19:31 PriorityName P4 (Response Incident DISPATCH11 K4594 Viewer)
4/29/2026 11:19:31 PriorityNumber0 4 (Response Incident DISPATCH11 K4594 Viewer)
4/29/2026 11:19:31 Incident Type LEA (Response Incident DISPATCH11 K4594 Name Viewer)
4/29/2026 11:19:31 Response BDO LEA (Response Incident DISPATCH11 K4594 Plan Name Viewer)
4/29/2026 11:19:31 Response Unassigned Dynamic (Response Incident DISPATCH11 K4594 Plan Type Viewer)
4/29/2026 11:19:31 Dispatch Level Default (Response Incident DISPATCH11 K4594 Viewer)
4/29/2026 11:19:31 Map Info SB0047 (Response Incident DISPATCH11 K4594 Viewer)
4/29/2026 11:19:31 Map Info SB0047 Polygon Response_User_Data_Fields DISPATCH11 K4594 Lookup
4/29/2026 11:19:31 City Code SAN Polygon Response_User_Data_Fields DISPATCH11 K4594 BERNARDINO PD Lookup
4/29/2026 11:19:31 City Code SAN (Response Incident DISPATCH11 K4594 BERNARDINO PD Viewer)
4/29/2026 11:20:06 Unread True False (Response Incident DISPATCH02 K4593 Incident Viewer)
4/29/2026 11:20:06 Unread True False (Response Incident DISPATCH02 K4593 Comment Viewer)
4/29/2026 11:21:56 Caller Name FM151 (Response Incident DISPATCH11 K4594 Viewer)
4/29/2026 14:24:55 Unread False True (Response Incident DISPATCH05 K4440 Comment Viewer)
4/29/2026 14:25:06 Latitude 34112700 Address Incident DISPATCH05 K4440 Change
4/29/2026 14:25:06 Longitude 117292863 Address Incident DISPATCH05 K4440 Change
4/29/2026 14:25:06 Address 710 ND ST 570 N H ST Address Incident DISPATCH05 K4440 Change
4/29/2026 14:25:06 Postal Code 92401 92410 Address Incident DISPATCH05 K4440 Change
4/29/2026 14:25:06 PremiseID 19318 28312 Premise Incident DISPATCH05 K4440 Verified
4/29/2026 14:25:06 StreetID 313793 463063 Address Incident DISPATCH05 K4440 Change
4/29/2026 14:25:06 Location SAN SUNSHINE Address Incident DISPATCH05 K4440 Name BERNARDINO MOTEL Change

CITY POLICE
DEPT
4/29/2026 14:25:06 Location Type Law Enforcement Motels and Hotels Address Incident DISPATCH05 K4440 Agency Change
4/29/2026 14:25:06 Latitude 34112700 34109504 Address Incident DISPATCH05 K4440 Change
4/29/2026 14:25:06 Longitude 117292863 117301248 Address Incident DISPATCH05 K4440 Change
4/29/2026 14:25:06 Cross Street N D ST/No Cross N H ST/No Cross Address Incident DISPATCH05 K4440 Street Street Change
4/29/2026 14:25:06 House 710 570 Address Incident DISPATCH05 K4440 Number Change
cad.confire.org/VisiNetBrowser/Search/IncidentReportaspx?id-=4540661&ds=d8iincNum=26-102604 4/5 Packet Page. 138 4/29/26, 3:52 PM CONFIRE JPA - Inform Browser : 23.103.1419.4 : 23.105.596.11 - Reports - Incident Report 4/29/2026 14:25:06 Latitude 34.1127 34.109504 (Response Incident PRODCADRTE01AssignmentSvc Viewer)
4/29/2026 14:25:06 Longitude -117.292863 -117.301248 (Response Incident PRODCADRTEOlAssignmentSvc Viewer)
4/29/2026 14:25:10 Map Info SB0047 SB0046 (Response Incident DISPATCH05 K4440 Viewer)
4/29/2026 14:25:10 Mapinfo SB0047 SB0046 Polygon Response_User_Data_Fields DISPATCH05 K4440 Lookup
4/29/2026 14:25:10 City Code SAN SAN Polygon Response_User_Data_Fields DISPATCH05 K4440 BERNARDINO PD BERNARDINO PD Lookup
ustom Ti ne St
No Custom Time Stamps
ustont Dar. Fl
Description Data User
Latitude 34.109504 AssignmentSvc
Longitude -117.301248 AssignmentSvc
City Code SAN BERNARDINO PD K4594
ttach-frien
No Attachment
cad.confire.org/VisiNetBrowser/Search/IncidentReport.aspx?id=4540661&ds=d&incNum=26-102604 5/5 Packet Page. 139 Packet Page. 140
Packet Page. 141
4/22/26, 4:06 PM goyPliViS
Property Info Roll Values History Parcel History Owner History Supplement History Land SFR Other Chars Property Information
APN: 0134051280000 Parcel A IACTIVE Parcel Type: Dl REAL Status: PROPERTY
Property ID: - Use Code: 0331 I MOTEL Resp Group: D I REAL

PROPERTY
District: 121 SAN Tax Status: 1IASSESSED Resp Unit: COM I

BERNARDINO BY COUNTY COMMERCIAL

ZONE OR
USE
Land Type: 03 I Land Access: 1 I PUBLIC Land Size: 01 I5,000 TO COMMERCIAL PAVED 7,199 SQ.

FEET
Current Owners
Name Rhl Int % Type Acquisition Document Inactive Docursi Date Date Date Numb
GANPATI SO I 100.00% B I 12-15- 12-15- NONE
HOSPITALITY SOLE BILLED 2021 2021

LLC OWNER OWNER
2021056(
X
Property Address (Main
Situs)
570 N H ST
SAN BERNARDINO CA 92410
Mailing Address
Owner and Effective
Mailing Date
Address
GANPATI 04/14/2022

HOSPITALITY LLC

C/O PRAKASH H
JOSHI
570 N H ST

SAN BERNARDINO,
CA 92410
Legal Description 1
WARD AND COURTNEY SUB PTN LOTS 22, 23, AND 24 COM AT A PT 43 FT N FROM SE COR SD LOT 24 TH N 43 FT TH W 140 FT TH S43 FT THE 140 FT TO POB
No Legal Reason for Change was found
No Active Hox Exemptions as of 04/22/2026 were found
4 - -
https://arcpropertyinfo.sbcounty.gov
0 111 Packet Page. 142
4/22/26, 4:08 PM govPIMS
Property Info Roll Values History Parcel History Owner History Supplement History Land SFR Other Chars Property Information
APN: 0134051140000 Parcel A1ACTIVE Parcel Type: 01 REAL Status: PROPERTY
Property ID: - Use Code: 0003 I Resp Group: D I REAL

ASSOCIATE PROPERTY
District: 121 SAN Tax Status: 1 IASSESSED Resp Unit: COM I

BERNARDINO BY COUNTY COMMERCIAL

ZONE OR USE
Land Type: 031 Land Access: 1 I PUBLIC Land Size: 01 I 5,000 TO COMMERCIAL PAVED 7,199 SQ.

FEET
X
Property Address (Main
Situs)
N H ST
SAN BERNARDINO CA 92410
Current Owners
Name RhI Int % Type Acquisition Document Inactive Docurs Date Date Date Numtsa
GANPATI SO I 100.00% B I 12-15- 12-15- NONE
HOSPITALITY SOLE BILLED 2021 2021

LLC OWNER OWNER
2021056c:

Mailing Address
Owner and Effective
Mailing Date
Address
GANPATI 04/14/2022

HOSPITALITY LLC

C/O PRAKASH H
JOSH1
570 N H ST

SAN BERNARDINO,
CA 92410
Legal Description
WARD AND COURTNEY SUB LOTS 22 23 24 EX S 86 FT AND EX W 10 FT LOT 22 No Legal Reason for Change was found
No Active Hox Exemptions as of 04/22/2026 were found
4 4
https://arcpropertyinfo.sbcounty.gov
•
1/1 Packet Page. 143

THIS MAP IS FOR THE PURPOSE
OF AD VALOREM TAXATION ONLY.

STATE I

HIGHWAY I
5TH STREET VIADUCT
Ptn. City of San Bernardino
M.B. 7/1
44 1.0
Pol
(100) 48
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Ptn.
95 28
50 93
Par. 1

37.5 39.59
ATTACHMENT 7
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ATTACHMENT 8
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§ 2.58.120 QUASI-JUDICIAL HEARINGS.

The Mayor and City Council may, by resolution, adopt rules of procedure for the conduct of quasi-judicial hearings. (Ord. MC-1478, passed 4-4-2018)
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ATTACHMENT 9
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RECORDING REQUESTED BY
D WHEN RECORDED MAIL D CUMENT TO:

NAME AMkeft -;7-d5 1r ADDRESS
STREET 5 70 Alyym.. H. 4.51catek
CITY, STATE 8. ZIP CODE
5M/ ouractircun3 cf*,
gout,'
0 Recorded in Official Records
San Bernardino County
Bob Dutton
Assessor-Recorder-County Clerk
DOC# 2021-0560917
12/15/2021 Titles: 1 Pages: 4
02:34 PM
SAN Fees $23.00
Taxes $0.00
C4914 CA SB2 Fee $0.00
Total $23.00
Title of Document

SPACE ABOVE FOR RECORDER'S USE ONLY
•
' 7 Pursuant to Senate Bill 2- Building Homes and Jöbi Act (GC Codelectlon27388.1), effective January 1, 2018, a fee of seventyfive dollars ($75.00) shall be paid at the time of recording of every r4alAteeinstrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section sh0,not.éxceed ,tivelindi,éd;1;ticiénty-five dollars ($225.00). -
Reason for Exemption:
• ,, ; • I ' • * : •• • • ;. • • .1 ' ' , ' ' : i , • ;• E Exempt from fee per GC 27388.1, recorded in coringctidn'ilith alr1elisfér subjectlo,thejmposition of documentary transfer tax (DTT) , ..
(0
.. ,
.i
.•.,, '"\. g,-,;.- - , or f?
Exempt from fee per GC, 27388.1,;'sreCorded in connection .With a trariSferi; of real propertyltiaüis a residential dwelling to an . • . ' - ., owner-occupier, or Ei Exempt from fee per GC'27388.17, recorded in,connection with a transfer that was sulpjctito‘documailtary transfer tax which --, was paid on document réporded previously ,n - ' (date) as dcícument nyiribbr , ' of Official Records. I (Cap. $225.00) 1
%
El Exempt from fee per GC 27388:1:, fee cap of $225:00,:reaChed,,and/or_ - ,-.,:.__- ------ --`.: ::'— s,-,:=z; • z•,..,-,..,..».; - ._ " '. -2e,, • s.,, ••;',.'•,' ,:' ,‘, k El ,,,,;`,: ': .• '..,...., , ' ' --•' ,..‘ • Exempt from fee per GC 27388.1, norrelated,to'real,prope 4 • , ,:r ../ 2;. 11.
.-',, :'r :,\•',.,:, ,,•• . 2 —' ,1 /• fr. 1i ''
Failure to include an exemption reason will result in the Imposition ofthe $7540 Building Homes and Jobs Act fee. Fees collected are deposited to the State and may not be aVailable/för,lefund ..-.% ; •,._...- ,,,, . .„,„ •..• .• . ,• , ••.•.7. •_, ::...: -.3;•-•„., .,...::,:-(:,\.,,.2 ' '2.:3*','" - .r2Ç' (,'•.;•.' .., .4 ' \ : 5-14. • -. ,..',,, , '
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• -
t

THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
Packet Page. 166

RECORDING REQUESTED BY

AND WHEN RECORDED, MAIL THIS DEED AND UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO:

NAME Prakash H. Joshi, Managing
Member, Ganpati Hospitality LLC
STREET 570 North "H" Street
ADDRESS San Bernardino, CA 92410
CITY
STATE
ZIP
Title Order No. Escrow No.

DOC #2021-0560917 Page 2 of 4

SPACE ABOVE THIS LINE FOR RECORDERS USE
MAIL TAX STATEMENTS TO:

Same as above
DOCUMENTARY TRANSFER TAX 0
.....Computed on the consideration or value of property conveyed; OR Computed 9wt consideratioyer value less liens or
ances mai -rfg at time of sale
gnature of Declafant o gent ttermining tax— Firm Name
Robert A. Krasney, Attor ey at La

GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mina P. Joshi and Prakash H. Joshi, Wife and Husband as Joint Tenants Hereby GRANT(S) to

GANPATI HOSPITALITY, LLC
The real property in the City of San Bernardino County of San Bernardino, State of California, described as:

Commonly known as 570 North ""H" Street, San Bernardino, California 92410 and more particularly described as:

See Exhibit "A" attached hereto and made a part hereof.

APN: 0143-051-28-0-000; 0143-051-14-0-000
Dated: December/' 2021
Dated: December/(, 2021
MINA P. JOSHI
PRAKASH H. JOSHI

NOTARIZATION ATTACHED
Packet Page. 167
DOC #2021-0560917 Page 3 of 4

CALIFORNIA ALL-PURPOSE

ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
))
On 1211(12021 before me, Robert Alan Krasney, Notary Public

DATE NOTARY PUBLIC
personally appeared Mina P. Joshi, Prakash H. Joshi

NAME(S) OF SIGNER(S)
Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal

SIGNATURE OF NOTARY

ROBERT ALAN KRASNEY
Notary Public - California
San Bernardino County
Commission # 2265183
My Comm. Expires Nov 21, 2022
(Seal)
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DOC #2021-0560917 Page 4 of 4
EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of California, described as follows:

Parcel 1:

That portion of Lot 22, 23 and 24 of Ward, Courtney & Company's Subdivision, Block 40 of the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 3, Page 25 of Maps, in the Office of the County Recorder of said County, described as follows:

Beginning at the Northeast corner of said Lot 24;
Thence South 43 feet to a point 86 feet North of the Southeast corner of said Lot 24, being the Northeast corner of the property now held on formerly owned by F. P. Brown and Abbie S.

Brown;
Thence West along the North line of said Brown property 140 feet:

Thence North 43 feet to the alley running East and West; Thence East along the South line of said alley 140 feet to the point of beginning.

Parcel 2:

That portion of Lots 22, 23 and 24 Ward, Courtney & Company's Subdivision, Block 40 of the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 3, Page 25 of Maps, in the Office of the County Recorder of said County, described as follows:

Beginning at a point 43 feet North from the Southeast corner of said Lot 24; Thence running North 43 feet;
Thence West, 140 feet;
Thence South 43 feet;
Thence East 140 feet to the point of beginning.

Assessor's Parcel Number: 0134-051-14-0-000; 0134-051-28-0-000; Packet Page. 169
ATTACHMENT 10
Packet Page. 170
Member of the Bar
United States Supreme Court
United States Court of Appeals for Third Circuit
United States Court of Appeals for Fourth Circuit
United States Court of Appeals for Fifth Circuit
United States Court of Appeals for Sixth Circuit
United States Court of Appeals for Eighth Circuit
United States Court of Appeals for Ninth Circuit
United States Court of Appeals for Tenth Circuit
United States Tax Court.

Master of Law in Taxation

LAW OFFICES
FRANK A. WEISER
3470 Wilshire Boulevard, Suite 614
Los Angeles, California 90010
Telephone: (213) 384-6964
Fax: (213) 383-7368
May 14, 2026

BY PERSONAL DELIVERY,

E-MAIL AND FEDERAL EXPRESS
Telicia Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: [email protected]
Re: My Clients: James Vernon
Bird and Sunshine Motel/
Operators of Property Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice ofAppeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
Dear City Clerk Lopez:
1 represent James Vernon Bird and the
Sunshine Motel, the operators ofthe property that is commonly known as the Sunshine Motel located at 570 N. "H" Street, San Bernardino, CA 92410 ("Motel").

Refer To File No.
1•3
i=1
CV,
r-r1
rn
C:7
Zre.
-X
CoJ
(4)
Packet Page. 171
Telicia Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: [email protected]
Re: My Clients: James Vernon
Bird and Sunshine Motel/
Operators of Property Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 14, 2026

Page 2 ends

(By Personal Delivery, E-Mail and Federal Express)
I am writing on behalf ofmy clients regarding the City of San Bernardino's Community Development Department and Code Enforcement Division ("City") Notices of Violations ofthe City Municipal and Fire Code ("Notices") that the City issued against my clients on April 29, 2026, May 5, 2026, and May 13, 2026.

I am also writing behalf ofmy clients regarding the City's summary closure and red tag ofthe Motel on April 29, 2026 ("Closure").

My clients request an immediate administrative appeal ofthe Notices and Closure to the City Council, or before a neutral administrative hearing officer that complies with the requirements ofprocedural due process under the Fourteenth Amendment ofthe United States Constitution and parallel provisions ofthe California Constitution.

The grounds for the appeal, include but are not limited to, the following:

1. The City's non-consensual and warrantless inspection by members of your code enforcement division community development department and that has led to my clients receiving the Notices is patently in violation ofthe Fourth Amendment ofthe United States Constitution. The closure ofthe Motel was done without an abatement warrant required under California Code ofCivil Ptocedure Section 1822.50, et seq. and the Fourth Amendment.

Packet Page. 172
Telicia Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: [email protected]
Re: My Clients: James Vernon
Bird and Sunshine Motel/
Operators of Property Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 14, 2026

Page 3 ends

(By Personal Delivery, E-Mail and Federal Express)
The City cannot inspect and close the Motel without a proper warrant or consent under a case that I successfully litigated before the en bane court ofthe United States Court ofAppeals for the Ninth Circuit and afterwards as lead counsel before the United States Supreme Court in the case ofCity of Los Angeles v Patel, 576 U.S. 409 (2015)(affirming Patel v City ofLos Angeles, 737 F.3d 1058 (9th Cir. 2013) (en bane). Under the Patel case the City cannot demand the inspection without a warrant and affording my clients pre-enforcement judicial review.

For example, it was the Patel case that led to the City ofLos Angeles to amend its city municipal code, LAMC section 161.601, et seq. to afford property owners the right ofpre-judicial review and the right to refuse inspection, the Fourth Amendment affords such a right independent of any municipal ordinance as demonstrated by the Patel case. See Lavan v City ofLos Angeles, 693 F.3d 1022, 1028-1031 (9' Cir. 2012) (Fourth Amendment search or seizure may occur without regard to right of privacy ifit interferes with a plaintiff's possessory interests in his property).

Regardless ofwhether the City has a legitimate police power interest to investigate nuisance allegations, the Fourth Amendment still applies. See Michigan v Tyler , 436 U.S. 499, 504-07 (1978); Connor v City of Santa Ana, 897 F.2d 1487, 1490 (9' Cir. 1990) ("It is clear that the warrant requirement ofthe Fourth Amendment applies to entries onto private land to search for and abate suspected nuisances."). This is also a violation under the revived "common law Packet Page. 173
Telicia Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: [email protected]
Re: My Clients: James Vernon
Bird and Sunshine Motel/
Operators of Property Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 14, 2026

Page 4 ends

(By Personal Delivery, E-Mail and Federal Express)
trespassory test" regardless of a reasonable expectation ofprivacy which is reflected in the Lavan case based on United States .Supreme Court precedent. See Florida v Jardines, 569 U.S. 1, 6-10 (2013).

The government does not have a common law license to enter a person's property, even in an area not subject to a reasonable expectation of privacy, "in hopes ofdiscovering incriminating evidence." without consent or a warrant. Jardines, 569 U.S. at 9. "There is no customary invitation to do that." Id.

On federal constitutional grounds, independent ofthe merits ofthe case, your City officials who entered the Motel and conducted the warrantless inspection without my clients' consent, or an administrative abatement warrant, to not only search but also to abate, is an egregious civil rights violation that mandates, at a minimum, that you rescind immediately the Notices and Closure that was issued against it.

Further, "the State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement." Logan v Zimmerman Brush Co., 455 U.S. 422,434 (1982). See also United States v James Daniel Good Real Prop., 510 U.S. 43, 48 ("Our precedents establish the general rule that individuals must receive notice and an opportunity to be heard before the Government deprives them of property.").

Packet Page. 174
Telicia Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: [email protected]
Re: My Clients: James Vernon
Bird and Sunshine Motel/
Operators of Property Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 14, 2026

Page 5 ends

(By Personal Delivery, E-Mail and Federal Express)
This includes the right to be heard "at a meaningful time and in a meaningful manner." Buckingham v Sec'y of U.S. Dep't of A_gric., 603 F.3d 1073, 1082 (9" Cir. 2010). There was no emergency exception here that permitted the City to close the motel completely. Further, even if such an exception applied (which it does not), the City is required to give a prompt post-deprivation hearing. See Armendariz v Penman, 75 F.3d 1311, 1320 (9' Cir. 1996) (en banc) (city must provide pre-deprivation hearing before closure ofproperty if non exigent circumstances exist and prompt post-deprivation hearing ifsuch exigent circumstances exist).

Further, on the substantive merits ofthe case, the Notices and Closure are wholly unfounded. My clients have not caused or maintained a violation ofthe City municipal code or state or federal law that is alleged to exist on the dates specified in the Notices and Closure.

My clients were issued a valid City business license and health permit ("Licenses") on or about January 1, 2026, and passed multiple City inspections prior to the issuance ofthe City Licenses.

Nor, prior to the Notices and Closure, did my clients ever receive any notices violations or citations for violations of City municipal code or under any other local, state, or federal law for nuisance activity at the motel, including but not limited to prostitution or other criminal activity.

Packet Page. 175
Telicia Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: [email protected]
Re: My Clients: James Vernon
Bird and Sunshine Motel/
Operators of Property Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice ofAppeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 14, 2026

Page 6 ends

(By Personal Delivery, E-Mail and Federal Express)
1 emphasize the egregious and blatantly unconstitutional process by which the City did so, without an abatement warrant and in violation ofbedrock due process principles, is shocking and unacceptable.

The City's actions are clearly punitive and not remedial, violating fundamental California policy and the substantive component ofthe Fourteenth Amendment Due Process Clause ofthe United States Constitution and the and the Excessive Bail and Fines Clause ofthe Eighth Amendment ofthe United States Constitution
The City's actions are also unreasonable and in violation offederal and state law and constitute on federal constitutional grounds a violation ofthe First Amendment ofthe United States Constitution Petition and Grievances Clause, the Fourth Amendment ofthe United States Constitution Search and Seizure Clause, the Fifth Amendment ofthe United States Constitution Takings Clause, and, as previously stated, the substantive portion ofthe Fourteenth Amendment ofthe United States Constitution Due Process Clause and Equal Protection Clause.

Therefore, my clients demand an immediate administrative appeal and that the Notices and Closure that has been issued against them be immediately rescinded and that your City police and code enforcement and building official case against them be closed.

Packet Page. 176
Telicia Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: [email protected]
Re: My Clients: James Vernon
Bird and Sunshine Motel/
Operators of Property Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice ofAppeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 14, 2026

Page 7 ends

(By Personal Delivery, E-Mail and Federal Express)
The City and your code enforcement and building official officers, or any City and law enforcement officials are not to enter the motel at any time without my clients' express written consent or a proper warrant or court order signed by a judge of a superior court.

My clients reserve the right to file suit against the City in the United States District Court for the Central District ofCalifornia for violation oftheir constitutional rights, which will include substantial monetary damages, declaratory and injunctive relief, attorney fees and costs.

I can be reached directly at (213) 399-7806 or by e-mail at [email protected].

Sincerely,
CP"•j
'ILL
Frank A. Weiser
Attorney at Law
cc: Clients
N. Sorenson
Lead Code Enforcement Officer
Code Enforcement Division
E-Mail: sorenson [email protected]
Minerva Berumen
Business Registration Manager
E-Mail: [email protected] Packet Page. 177
ATTACHMENT 11
Packet Page. 178
Member of the Bar
United States Supreme Court
united Court of Appeals for Third Circuit
tintec states Cou-t of Appeals for Fourth Circuit
United .S.ates Court of Appeals for Pifth Circuit
Cniteci Si.::.tes our of Appen;s for Sixth Circuit
United states Coort of Appeals for Eighth Circuit
tin:ted States Court of Appeals for Ninth Circuit
Ur;teti States Court of Appeals for Tenth Circuit
tin,teci States Tax Court.
kl,,ster rlf Law in Taxation

LAW OFFICES
FRANK A. WEISER
3470 Wilshire Boulevard, Suite 614
Los Angeles, California 90010
Telephone: (213) 384-6964
Fax: (213) 383-7368
May 15, 2026

BY PERSONAL DELIVERY,

E-MAIL AND FEDERAL EXPRESS
'Felicia Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
[email protected]
Re: My Clients: Ganpati Hospitality
LLC, Prakash Joshi and Mina
Joshi/ Owners of Property Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice ofAppeal of
Closure of Sunshine Motel and
City' Municipal Code Violations
and Administrative Penalties
Dear City' Clerk Lopez:
1represent Ganpati Hospitality LLC, Prakash
Joshi and Mina Joshi, the owners ofthe property that is commonly known as the Sunshine Motel located at 570 N. "H" Street, San Bernardino, CA 92410 ("Motel").

Refer To File No
Packet Page. 179
-Felicia Lopez
•City clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
[email protected]
Re: My Clients: Ganpati Hospitality
LLC, Prakash Joshi and Mina
joshi/ Owners of Property Located
at 570 N. -H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
Mat' IS, 2026

Page 2 ends

(B.), Personal Delivery, E-Mail and Federal Express)
I am writing on behalf ofmy clients regarding the City of San Bernardino's Community Development Department and Code Enforcement Division (-City") Notices of Violations ofthe City Municipal and Fire Code ("Notices") that the Cit.• issued against my clients on April 29, 2026, May 5, 2026, and May 13, 2026.

I am also writing behalf ofmy clients regarding the City's summary closure and red tag ofthe Motel on April 29, 2026 ("Closure").

My clients request an immediate administrative appeal ofthe Notices and Closure to the City Council, or before a neutral administrative hearing officer that complies with the requirements of procedural due process under the Fourteenth Amendment ofthe United States Constitution and parallel provisions ofthe California Constitution.

The grounds for the appeal, include but are not limited to, the following:

1. The City's non-consensual and warrantless inspection by members of your code enforcement division community development department and that has led to my clients receiving the Notices is patently in violation ofthe Fourth Amendment ofthe United States Constitution. The closure ofthe Motel was done without an abatement warrant required under California Code ofCivil Ptocedure Section 1822.50, et seq. and the Fourth Amendment.

Packet Page. 180
elicip Lopez
City Clerk
201 North ""E' Street, Building 201A
San Bernardino, CA 92401
[email protected]
Re: My Clients: Ganpati Hospitality
LLC, Prakash Joshi and Mina
Joshif Owners ofProperty Located
at 570 N. "H" Street, San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 15, 2026

Page 3 ends

(By Personal Delivery, E-Mail and Federal Express)
The City cannot inspect and close the Motel without a proper warrant or consent under a case that 1 successfully litigated before the en bane court of the United States Court of Appeals for the Ninth Circuit and afterwards as lead counsel before the United States Supreme Court in the case of City of Los Angeles v Patel, 576 U.S. 409 (2015)(affirming Patel v City ofLos Angeles. 737 F.3d 1058 (9th Cir. 2013) (en bane). Under the Patel case the City cannot demand the inspection without a warrant and affording my clients pre-enforcement judicial reviem .

For example, it was the Patel case that led to the City of Los Angeles to amend its city municipal code, LAMC section 161.601, et seq. to afford property owners the right of pre-judicial review and the right to refuse inspection, the Fourth Amendment affords such a right independent of any municipal ordinance as demonstrated by the Patel case. See Lavan v City of Los Angeles, 693 F.3d 1022, 1028-1031 (9th Cir. 2012) (Fourth Amendment search or seizure may occur without regard to right of privacy ifit interferes with a plaintiffs possessory interests in his property).

Regardless ofwhether the City has a legitimate police power interest to investigate nuisance allegations, the Fourth Amendment still applies. See Michigan v Tyler ,436 U.S. 499. 504-07 (1978); Connor v City of Santa Ana, 897 F.2d 1487. 1490 (91h Cir. 1990) ("It is clear that the warrant requirement ofthe Fourth Amendment applies to entries onto private land to search for and abate suspected nuisances."). This is also a violation under the revived "common law Packet Page. 181
'Felicia Lopez
,City cieri;
201 North "E" Street, Building 201A
San Bernardino, CA 92401
cityclerViDsbcity.org
Re: My Clients: Ganpati Hospitality
11C, Prakash Joshi and Mina
joshil Owners of Property Located
al 570 N. "H" Street, San
Bernardino. CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 15. 2026

Page 4 ends

(13y Personal Delivery, E-Mail and Federal Express)
trespassoiy test" regardless of a reasonable expectation of privacy which is reflected in the Lavan case based on United States .Supreme Court precedent. See Florida v .lardines. 569 U.S. 1, 6-10 (2013).

The government does not have a common law license to enter a person's property, even in an area not subject to a reasonable expectation of privacy, in hopes of discovering incriminating evidence." without consent or a warrant. jardines. 569 U.S. at 9. "There is no customary invitation to do that." Id
On federal constitutional grounds, independent ofthe merits ofthe case, your City officials who entered the Motel and conducted the warrantless inspection ‘xithout my clients' consent, or an administrative abatement warrant, to not only search but also to abate, is an egregious civil rights violation that mandates, at a minimum, that you rescind immediately the Notices and Closure that was issued against it.

Further, "the State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement." Logan v 7immerman Brush Co., 455 U.S. 422, 434 (1982). See also United States\ James Daniel Good Real Prsy., 510 U.S. 43, 48 ("Our precedents establish the general rule that individuals must receive notice and an opportunity to be heard before the Government deprives them of property.").

Packet Page. 182
-Felicia Lopez
,City clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: cityclerk(iisbcity.org
Re: My Clients: Ganpati Hospitality
L11. Prakash Joshi and Mina
Joshil Owners of Property Located
al 570 N. "H" Street, San
Bernardino, CA 924101APN
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City. Municipal Code Violations
and Administrative Penalties
May 15,2026

Page 5 ends

(By Personal Delivery, E-Mail and Federal Express)
This includes the right to be heard "at a meaningful time and in a meaningful manner.- Buckinuham v Sec'v of U.S. Dep't or Agric., 603 F.3d 1073, 1082 (9'1' Cir. 2010). There was no emergency exception here that permitted the City to close the motel completely. Further, even ifsuch an exception applied (which it does not), the City is required to give a prompt post-deprivation hearing. See Armendariz v Penman, 75 F.3d 1311, 1320 (9th Cir. 1996) (en bane) (city must provide pre-deprivation hearing before closure of property if non exigent circumstances exist and prompt post-deprivation hearing ifsuch exigent circumstances exist).

Further, on the substantive merits of the case, the Notices and Closure are wholly unfounded. My clients have not caused or maintained a violation of the City municipal code or state or federal law that is alleged to exist on the dates specified in the Notices and Closure.

My clients are the owners, not the operators ofthe motel. They have no involvement in the operation ofthe motel. The operators were issued a valid City business license and health permit ("Licenses") on or about January 1, 2026, and passed multiple City inspections prior to the issuance of the City Licenses.

Nor, prior to the Notices and Closure, did my clients ever receive any notices violations or citations for violations of City municipal code or under any other local, state. or federal law for nuisance activity at the motel, including hut not limited to prostitution or other criminal activity.

Packet Page. 183
Uelie Lopez
City Clerk
201 North "E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: cityclerkgsbcity.org
Re: My Clients: Ganpati Hospitality
LLC, Prakash Joshi and Mina
Joshi./ Owners of Property Located
at 570 N. If'"Street, San
Bernardino. CA 92410/APN No.
0134-051-28-0000/Code Case No.

Ch-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 15, 2026

Page 6 ends

(By Personal Delivery, E-Mail and Federal Express)
I emphasize the egregious and blatantly unconstitutional process by which the City did so, without an abatement warrant and in violation of bedrock due process principles, is shocking and unacceptable.

The City's actions are clearly punitive and not remedial, violating fundamental California policy and the substantive component ofthe Fourteenth Amendment Due Process Clause ofthe United States Constitution and the and the Excessive Bail and Fines Clause of the Eighth Amendment ofthe United States Constitution
The City's actions are also unreasonable and in violation offederal and state law and constitute on federal constitutional grounds a violation ofthe First Amendment ofthe United States Constitution Petition and Grievances Clause, the Fourth Amendment ofthe United States Constitution Search and Seizure Clause, the Fifth Amendment ofthe United States Constitution Takings Clause, and, as previously stated, the substantive portion ofthe Fourteenth Amendment ofthe United States Constitution Due Process Clause and Equal Protection Clause.

Therefore, my clients demand an immediate administrative appeal and that the Notices and Closure that has been issued against them be immediately rescinded and that your City police and code enforcement and building official case against them be closed.

Packet Page. 184
Tlicja Lopez
City Clerk
201 North -E" Street, Building 201A
San Bernardino, CA 92401
E-Mail: cityclerkgsbcity.org
Re: My Clients: Ganpati Hospitality
LLC, Prakash Joshi and Mina
Joshil Owners of Property Located
at 570 N. -H" Street. San
Bernardino, CA 92410/APN No.
0134-051-28-0000/Code Case No.

CE-2348/Notice of Appeal of
Closure of Sunshine Motel and
City Municipal Code Violations
and Administrative Penalties
May 15.2026

Page 7 ends

(By Personal Delivery, E-Mail and Federal Express)
The City and your code enforcement and building official officers, or any City and law enforcement officials are not to enter the motel at any time without my clients' express written consent or a proper warrant or court order signed by a judge of a superior court.

My clients reserve the right to file suit against the City in the United States District Court for the Central District ofCalifornia for violation oftheir constitutional rights, which will include substantial monetary damages, declaratory and injunctive relief, attorney fees and costs.

I can be reached directly at (213) 399-7806 or by e-mail at [email protected].

Sincerely.

Frank A. Weiser
Attorney at Law
cc: Clients
N. Sorenson
Lead Code Enforcement Officer
Code Enforcement Division
E-Mail: [email protected]
Minerva Berumen
Business Registration Manager
E-Mail: berumen mi cgsbcity.org
Packet Page. 185
ATTACHMENT 12
Packet Page. 186
290 North D St, San Bernardino, CA 92401 | P: 909-998-2680 | www.SBCity.org Office of the City Clerk | Telicia Lopez, CMC, City Clerk

NOTICE OF QUASI-JUDICIAL PUBLIC HEARING

BEFORE THE MAYOR AND CITY COUNCIL

CITY OF SAN BERNARDINO

APPEAL OF RED TAG CLOSURE NOTICE AND RED TAG CORRECTION NOTICE Property Sunshine Motel
Address 570 North H Street, San Bernardino, California
92410-3150
APN 0134-051-14
City Case No. 26-2348
Council Agenda Item Public Hearing
To:

Ganpati Hospitality, LLC
Prakash Joshi
Mina Joshi
James Vernon Bird
Avezika LLC dba Sunshine Motel
c/o Frank A. Weiser, Esq.

Law Offices of Frank A. Weiser
3470 Wilshire Boulevard, Suite 614
Los Angeles, California 90010
Email: [email protected]
AND TO:

City of San Bernardino Building Official / Building and Safety Division City Attorney's Office
Other affected City parties

NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Mayor and City Council of the City of San Bernardino will conduct a quasi-judicial public hearing to consider the appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued on or about April 29, 2026, concerning the property located at 570 North H Street, San Bernardino, California, commonly known as Sunshine Motel.

Hearing Date July 15, 2026
Hearing Time 5:00pm
Hearing Location Feldheym Public Library, Bing Wong
Auditorium, 555 West 6th Street, San Bernardino,
California 92410
Packet Page. 187
Agenda Information Meeting materials and agenda information will be available through the City agenda portal at
www.sbcity.org.

NATURE OF HEARING
This matter will be heard as a quasi-judicial public hearing. The Mayor and City Council will receive testimony, documents, photographs, inspection records, staff reports, written submissions, public testimony, and other relevant evidence concerning the appealed Red Tag Closure Notice and Red Tag Correction Notice.

AUTHORITY
The Mayor and City Council will hear this matter pursuant to California Building Code Section 1.8.8.1, applicable provisions of the California Building Standards Code, San Bernardino Municipal Code Sections

2.58.120 and 2.64 et. seq., Resolution No. 2018-88, and all other applicable law. For purposes of this hearing, the Mayor and City Council will sit as the local appeals board, as applicable, to hear and decide the appeal of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation of applicable building standards and other regulations governing construction, use, maintenance, and change of occupancy.

APPEALED ACTION
The appealed action is the issuance and continued enforcement of the Red Tag Closure Notice and Red Tag Correction Notice for the Sunshine Motel property. The notices concern alleged unsafe conditions, unpermitted construction, unpermitted electrical alterations, means-of-egress and life-safety concerns, smoke alarm issues, and related building and fire-safety conditions.

ISSUES TO BE CONSIDERED
The Mayor and City Council may consider whether the Red Tag Closure Notice and Red Tag Correction Notice should be affirmed, modified, reversed, or continued, including whether the evidence supports the determination that the property contains unsafe conditions requiring occupancy restrictions and corrective work before re-occupancy or reduction of restrictions.

Quasi-Judicial Hearing Procedures
This hearing will be conducted under the City's rules for quasi-judicial hearings. Witnesses may be sworn.

Members of the Mayor and City Council will be asked to disclose any ex parte communications concerning the merits of the appeal. City staff will present the staff report and recommendation. The appellant and/or appellant's representative will be provided an opportunity to present evidence and testimony. Members of the public may provide relevant testimony. The appellant may be allowed rebuttal. The Mayor and City Council may ask questions, close the hearing, deliberate, and take action.

Submission of Written Materials
Written comments, exhibits, photographs, witness lists, legal arguments, or other materials should be submitted to the City Clerk's Office no later than Monday July 13, 2026 by 5:00 p.m. to allow inclusion Packet Page. 188
City of San Bernardino Page 3 of 3
in the hearing record. Materials submitted after that deadline may be accepted at the discretion of the Mayor and City Council, subject to applicable law.

LIMITATION ON ISSUES
Because this is a quasi-judicial appeal, testimony and evidence should be limited to the issues raised by the appeal and the matters relevant to the Red Tag Closure Notice and Red Tag Correction Notice. Failure to raise an issue at or before the public hearing may limit the ability to raise that issue in a later challenge to the City Council's decision.

EX PARTE COMMUNICATIONS
While this quasi-judicial matter is pending, parties and interested persons should avoid communicating with members of the Mayor and City Council outside the noticed public hearing regarding the merits of the appeal. Any substantive ex parte communications concerning the matter may be disclosed on the record at the hearing.

ACCESSIBILITY
The City endeavors to comply with the Americans with Disabilities Act. Any person requiring assistance, auxiliary aids, interpretation, or other accommodations to participate in the hearing should contact the City Clerk's Office as far in advance of the hearing as possible at [email protected] or (909)998- 2680

ADDITIONAL INFORMATION
Additional information concerning this matter may be obtained from, and written comments may be addressed to:

City Clerk's Office
City of San Bernardino
290 North "D" Street
San Bernardino, California 92401
Phone: (909)998-2680
Email: [email protected]
Dated: June 29, 2026
Regards,
Telicia Lopez, CMC, City Clerk
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ATTACHMENT 13
Packet Page. 204

NOTICE OF QUASI-JUDICIAL PUBLIC HEARING

BEFORE THE MAYOR AND CITY COUNCIL
Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on July 15, 2026 at 5:00 p.m. in the Norman F. Feldheym Central Library, 555 W. 6th Street, San Bernardino, California 92410, on the following item(s):

APPEAL OF THE RED TAG CLOSURE OF SUNSHINE MOTEL– An appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued on or about April 29, 2026, concerning the property located at 570 North H Street, San Bernardino, California 92410-3150, commonly known as Sunshine Motel. The appealed notices concern alleged unsafe conditions, unpermitted construction, unpermitted electrical alterations, means-of-egress and life-safety concerns, smoke alarm issues, and related building and firesafety conditions.

Property: Sunshine Motel
Address: 570 North H Street, San Bernardino, CA 92410-3150 Appellants/Interested Parties: Ganpati Hospitality, LLC Prakash Joshi
Mina Joshi
James Vernon Bird
Aveika LLC dba Sunshine Motel
The Mayor and City Council will receive testimony and evidence from City staff, the appellant, affected parties, and members of the public. After the public hearing, the Mayor and City Council may affirm, modify, reverse, or continue the appealed action and may adopt findings and a written decision.

This matter will be heard as a quasi-judicial public hearing. Testimony and evidence should be limited to the issues raised by the appeal and matters relevant to the Red Tag Closure Notice and Red Tag Correction Notice.

The public is welcome to attend and provide testimony relevant to the appeal. Written comments may be submitted before the hearing to the City Clerk's Office at [email protected]. Please reference "Sunshine Motel Red Tag Appeal - 570 North H Street." If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City before or during the public hearing.

For more information, please contact the City Clerk's Office at (909) 384-5002.

Submitted:6/25/2026
Publish:7/04/2026
Packet Page. 205
This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 4056329
Vanessa Alvarado

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING

APPEAL OF THE RED TAG CLOSURE OF SUNSHINE MOTEL
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
07/04/2026
07/06/2026

SAN BERNARDINO
!A000007443002! Email

NOTICE OF QUASI-JUDICIAL

PUBLIC HEARING

BEFORE THE MAYOR AND

CITY COUNCIL
Notice is hereby given that the City
of San Bernardino Mayor and City
Councilwill hold a public hearing on July 15, 2026 at 5:00 p.m. in the Norman F. Feldheym Central
Library, 555 W. 6th Street, San
Bernardino, California 92410, on the
following item(s):

APPEAL OF THE RED TAG

CLOSURE OF SUNSHINE MOTEL
– An appeal of the Red Tag Closure
Notice and Red Tag Correction
Notice issued on or about April 29,
2026, concerning the property
located at 570 North H Street, San
Bernardino, California 92410-3150,
commonly known as Sunshine Motel.

The appealed notices concern
alleged unsafe conditions,
unpermitted construction,
unpermitted electrical alterations,
means-of-egress and life-safety
concerns, smoke alarm issues, and
related building and fire-safety
conditions.

Property: Sunshine Motel
Address: 570 North H Street, San Bernardino, CA 92410-3150 Appellants/Interested Parties:

Ganpati Hospitality, LLC
Prakash Joshi
Mina Joshi
James Vernon Bird
Aveika LLC dba Sunshine Motel
The Mayor and City Council will
receive testimony and evidence from City staff, the appellant, affected parties, and members of
the public. After the public hearing,
the Mayor and City Council may
affirm, modify, reverse, or continue
the appealed action and may adopt
findings and a written decision.

This matter will be heard as a quasijudicial public hearing. Testimony and evidence should be limited to the
issues raised by the appeal and
matters relevant to the Red Tag
Closure Notice and Red Tag
Correction Notice.

The public is welcome to attend and
provide testimony relevant to the
appeal. Written comments may be submitted before the hearing to the City Clerk's Office at
[email protected].

Please reference "Sunshine Motel
Red Tag Appeal - 570 North H
Street."
If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City before or during the public hearing.

Packet Page. 206
For more information, please contact the City Clerk's Office at (909) 384-5002. 7/4/26
SBS-4056329#
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ATTACHMENT 15
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1 1. 02 The Presiding Officer shall direct the clerk or secretary of the body to administer the following oath to any person that desires to testify before the body on the 2 item:
3 Any member of the public wishing to address this body on this item please stand 4 and raise your right hand."
5 The clerk or secretary of the body shall then administer the following oath:
6 Do you solemnly affirm that the testimony you are about to give before this body 7 will be the truth, the whole truth, and nothing but the truth? If so, please say ` I do.
8 9

1. 03 The Presiding Officer shall then request that the members of the body disclose any communications they have had under Rule 6.
10 1. 04 The Presiding Officer shall then invite the City Manager, or other appropriate 11 City staff member, to report on the item including any recommendation that they might have. The City Manager, or other appropriate City staff member shall have 12 a reasonable amount of time, not to exceed fifteen ( 15) minutes, to report on the 13 item.
14 1. 05 The Presiding Officer shall then ask other members of the body if they have any questions for the City staff giving the report. At this point, the members of the 15 body may ask clarifying questions to the City staff person who reported on the 16 item and City staff shall be given time to respond.
17 1. 06 The Presiding Officer shall then invite the applicant or appellant, if any, to provide evidence and testimony on the item. The applicant or appellant shall have 18 a reasonable amount of time, not to exceed fifteen ( 15) minutes, to provide 19 evidence and testimony.
20 1. 07 The Presiding Officer shall then ask other members of the body if they have any questions for the applicant or appellant. At this point, the members of the body 21 may ask clarifying questions to the appellant or applicant and they shall be given 22 time to respond.
23 1. 08 The Presiding Officer shall then invite the members of the public to provide evidence and testimony on the item. The Presiding Officer shall inquire as to 24 whether the member of the public has been sworn in and request that they state 25 their name and address for the record. Members of the public shall have a reasonable amount of time, not to exceed three ( 3) minutes, to provide evidence 26 and testimony.
27 28
2 Packet Page. 210
1 1. 09 The Presiding Officer shall then invite the applicant or appellant, if any, to provide any rebuttal evidence and testimony. The applicant or appellant shall have 2 a reasonable amount of time, not to exceed five ( 5) minutes, to provide rebuttal 3 evidence and testimony.
4 1. 10 The Presiding Officer shall then ask other members of the body if they have any final questions for the applicant or appellant. At this point, the members of the 5 body may ask clarifying questions to the appellant or applicant and they shall be 6 given time to respond.
7 1. 11 The Presiding Officer shall then announce that the hearing is closed and invite a motion for the body to consider. The Presiding Officer shall announce the name 8 of the member of the body who makes the motion. The Presiding Officer shall then invite a second to the motion and announce the name of the member of the 9 body who seconds the motion.
10 1. 12 The Presiding Officer shall then invite members of the body to discuss the 11 motion. If there is no desired discussion, or after the discussion has ended, the Presiding Officer shall then announce that the body will vote on the motion. If 12 there has been no discussion or only brief discussion, the vote should proceed 13 immediately. If there has been substantial discussion, the Presiding Officer shall ask the clerk or secretary of the body to read the motion before the vote is taken. 14 15

1. 13 The body shall memorialize the decision in writing. 16 Rule 2 — Hearings Are Informal; Rules of Evidence
17 Quasi-judicial hearings before the Mayor and City Council or other boards and commissions of the City of San Bernardino are intended to be informal in nature and accessible 18 to members of the public. Formal rules of evidence and discovery do not apply. 19 Rule 3— Records of Proceedings
20 The secretary or clerk of the body shall record all quasi- judicial hearings by audio and/ or 21 video recording device, as available.
22 Rule 4— Time Limits
23 Notwithstanding the time limits contained in Rule I above, the Presiding Officer shall 24 give City staff providing the report on the item and the applicant or appellant bringing the matter 25 before the body sufficient time to provide evidence and testimony, and may, at the discretion of the Presiding Officer, allow for additional time.
26 27
28 3
Packet Page. 211
1 Rule 5— Oaths; Identification
2 Any person wishing to provide testimony during a quasi-judicial hearing may do so 3 without the oath described in these Rules being administered or providing their name and address. The body may determine both the weight and credibility given to unsworn or 4 anonymous testimony.
5 Rule 6— Communications
6 6. 01 Members of the body may receive information relevant to the item through 7 communications with the applicant or appellant, the public, or City staff members.

These communications are known as " ex parte communications" and are 8 substantive oral or written communications concerning quasi-judicial matters that 9 occur outside of the quasi- judicial hearing. Such communications raise due process concerns for the parties involved in the hearing. When members of the 10 body have had ex parte communications relevant to the quasi- judicial hearing, the member of the body shall disclose the communication and the substance of the 11 information received at the beginning ofthe hearing. 12 6. 02 While the hearing is before the body, there shall be no communication, direct or 13 indirect, regarding any issue in the proceeding, to the members of the body, without notice and an opportunity for all persons present at the hearing to 14 participate in the communication.
15 6. 03 Ex parte communications after the hearing has closed and before the final 16 decision is rendered are prohibited because there is no opportunity for rebuttal. 17 Rule 7 — Attention
18 The members of the body shall be attentive to the evidence and testimony being 19 presented.
20 Rule 8 — Identification of Quasi- Judicial Matters on the Agenda 21 The City Manager, in conjunction with the City Attorney, will identify agenda items 22 involving quasi- judicial decisions on the agenda for the body. This identification is intended to inform the body, interested parties, and the public that these Rules will apply to the item, but the 23 failure to identify an item shall not be cause for continuance. 24 25
26 27
28 4
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27 28

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING PROCEDURAL RULES FOR QUASIJUDICIAL HEARINGS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council ofthe City of San Bernardino at a Joint Regular Meeting thereof, held on the 2151
day of March
2018, by the following vote, to wit:

Council Members: AYES

MARQUEZ X (S)

BARRIOS X

VALDIVIA X (M)

SHORETT X

NICKEL X

MULVIHILL X

NAYS ABSTAIN ABSENT
Georgeann i anna, CM ity Clerk
The foregoing Resolution is hereby approved this 21" day of March 2018. r
1 Cr --1 l• s'v
R. Carey Davis', Mayor
City of San Bernardino
Approved as to form:

Gary D. Saenz, City At rney
By:
5 Packet Page. 213

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Continuation of a Public Hearing from June 3, 2026 - Introduction of Ordinance No. MC-1666 Amending Various
Sections of Title 15 of the San Bernardino Municipal Code Adopting the New (2025) Building Code (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:

1. Hold a Public Hearing; and

2. Introduce and read by title only and waive further reading of Ordinance No. MC1666 of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code; and

3. Schedule Ordinance No. MC-1666 for Adoption on August 5, 2026.

City Manager's Comments
The City Manager recommends approval of the new 2025 California Building Code.

In addition, the changes reflect allowing for temporary c of o under certain circumstances.

Executive Summary
The adoption of the recommended ordinance will reconcile the City’s plan check practices with the current California State Building Code (2025) rather than the 2022 California State Building Code reflected in the current Municipal Code.

Background
On January 1, 2026, the new California State Building Codes were implemented Statewide in all jurisdictions. However, the City of San Bernardino did not adopt the new Packet Page. 214
code at that time. The City must now adopt the new Building Codes as required by State law.

Discussion
The proposed changes to the San Bernardino Municipal Code are strictly for the purpose of adopting the new 2025 Statewide Building Code.

Table 1 below provides a summary of the proposed changes to Chapter 15 of the Municipal Code
TABLE 1: SUMMARY OF PROPOSED MUNICIPAL CODE CHANGES
Specific
language
changes
• All references to the 2022 California Building Codes will be changed to reflect the 2025 California Codes
Strategic Targets and Goals
The request for adoption of the proposed new Building Code aligns with Goal No. 1e:

Minimize risk and litigation exposure and Goal No. 4b: Update the General Plan and Development Code. Updating the City’s Building Code is required by State Law and would bring the City in compliance with current building code standards.

Fiscal Impact
There is no General Fund impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:

1. Hold a Public Hearing; and

2. Introduce and read by title only and waive further reading of Ordinance No. MC1666 of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.

3. Schedule Ordinance No. MC-1666 for Adoption on August 5, 2026 Attachments
Attachment 1 Notice of Public Hearing
Attachment 2 Public Hearing Continuation Notice - Adopting the New (2025) Building Code
Attachment 3 Public Hearing Continuation Notice - Adopting the New (2025) Building Code
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Attachment 4 Ordinance No. MC-1666 Building Code
Attachment 5 PowerPoint Presentation
Ward:

All Wards
Synopsis of Previous Council Actions:

On October 2, 2024, the Mayor and City Council adopted Ordinance No. MC-1643, adopting the new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of San Bernardino Municipal Code.

CC: Eric Levitt, City Manager
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This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 4036284
Vanessa Alvarado

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING

NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF

SAN BERNARDINO
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
04/25/2026
04/27/2026

SAN BERNARDINO
!A000007382629! Email

NOTICE OF PUBLIC HEARING

CITY COUNCIL OF THE CITY OF

SAN BERNARDINO
NOTICE IS HEREBY GIVEN that
the City of San Bernardino Mayor
and City Council will hold a public
meeting on Wednesday, May 6th at
5:00 PM in the City Council
Chambers in the Norman F.

Feldheym Central Library at 555
West 6th
Street, San Bernardino,
California. Visit the City's agenda
portal at www.sbcity.org to access
more meeting information.

The purpose of the hearing is to
consider the following:

AN ORDINANCE OF THE

MAYOR AND CITY COUNCIL OF

THE CITY OF SAN

BERNARDINO, CALIFORNIA
AMENDING SECTIONS 15.04.020, 15.08.050, 15.10.080, 15.57.040, AND

15.68.050 TO THE SAN

BERNARDINO MUNICIPAL

CODE OF THE SAN

BERNARDINO MUNICIPAL

CODE PERTAINING TO

BUILDINGS AND
CONSTRUCTION FROM TITLE 5

OF THE SAN BERNARDINO

MUNICIPAL CODE TO ADOPT

BY REFERENCE THE

CALIFORNIA BUILDING

STANDARDS CODE
(CALIFORNIA CODE OF
REGULATIONS, TITLE 24),
CONSISTING OF THE 2025

CALIFORNIA BUILDING CODE
(INCORPORATING AND
AMENDING THE 2024

INTERNATIONAL BUILDING
CODE); THE 2025 CALIFORNIA

ELECTRICAL CODE
(INCORPORATING AND
AMENDING THE 2023 NATIONAL
ELECTRICAL CODE); THE 2025

CALIFORNIA PLUMBING CODE
(INCORPORATING AND
AMENDING THE 2024 UNIFORM
PLUMBING CODE); THE 2025

CALIFORNIA MECHANICAL

CODE (INCORPORATING AND
AMENDING THE 2024 UNIFORM
MECHANICAL CODE); THE 2025
CALIFORNIA ENERGY CODE;
THE 2025 CALIFORNIA

WILDLAND-URBAN INTERFACE
CODE; THE 2025 CALIFORNIA
HISTORICAL BUILDING CODE;
THE 2025 CALIFORNIA FIRE

CODE INCORPORATING AND
AMENDING THE 2024

WILDLAND-URBAN INTERFACE
CODE); THE 2025 CALIFORNIA

GREEN BUILDING STANDARDS
CODE; THE 2025 CALIFORNIA
RESIDENTIAL CODE, THE 2024

INTERNATIONAL PROPERTY
MAINTENANCE CODE; AND
THE 2025 CALIFORNIA
EXISTING BUILDING CODE.

Applicant: City of San Bernardino
Packet Page. 217
Notice is further given that members of the public who wish to comment on the public hearing you may participate in the following ways: 1) comments and contact
information can be emailed to
[email protected] by
2:30 P.M. the day of the scheduled
meeting; 2) attending the meeting in
person and providing your public comment in person, not to exceed three minutes.

If you challenge the matter in court,
you may be limited to raising only
those issues you or someone else
raised at the public meeting
described in this notice or written
correspondence delivered to the City
Clerk at or prior to the public
meeting.

The City endeavors to be in total
compliance with the Americans with
Disabilities Act. If you require
assistance or auxiliary aids to
participate in the meeting, please
contact the City Clerk's Office as far
in advance of the meeting as
possible.

Additional information concerning
the above matter may be obtained
from, and written comments should
be addressed to, San Bernardino
City Clerk, 290 North "D" Street, San
Bernardino, California 92401. 4/25/26
SBS-4036284#
Packet Page. 218
City of San Bernardino
City Clerk’s Office
201 North E Street, San Bernardino, CA 92401
(909) 384-5002
www.sbcity.org
NOTICE

PUBLIC HEARING CONTINUED TO THE REGULAR MEETING OF THE
MAYOR AND CITY COUNCIL ON JUNE 03, 2026
Item No. 6 – May 6, 2026 Mayor and City Council Agenda
INTRODUCTION OF ORDINANCE NO. MC-XXX AMENDING VARIOUS
SECTIONS OF TITLE 15 OF THE SAN BERNARDINO MUNICIPAL CODE ADOPTING THE NEW (2025) BUILDING CODE (ALL WARDS) (STAFF IS REQUESTING TO CONTINUE THIS ITEM TO JUNE 3, 2026)
Dated: May 7, 2026
Telicia Lopez, CMC
City Clerk
Packet Page. 219
City of San Bernardino
City Clerk’s Office
201 North E Street, San Bernardino, CA 92401
(909) 384-5002
www.sbcity.org
NOTICE

PUBLIC HEARING CONTINUED TO THE REGULAR MEETING OF THE
MAYOR AND CITY COUNCIL ON JULY 15, 2026
Item No. 6 – June 03, 2026 Mayor and City Council Agenda INTRODUCTION OF ORDINANCE NO. MC-XXX AMENDING VARIOUS
SECTIONS OF TITLE 15 OF THE SAN BERNARDINO MUNICIPAL CODE ADOPTING THE NEW (2025) BUILDING CODE (ALL WARDS) (STAFF IS REQUESTING TO CONTINUE THIS ITEM TO JULY 15, 2026)
Dated: June 4, 2026
Telicia Lopez, CMC
City Clerk
Packet Page. 220
Ordinance No. MC-1666
1 ORDINANCE NO. MC-1666

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY

OF SAN BERNARDINO, CALIFORNIA AMENDING SECTIONS

15.04.020, 15.08.050, 15.10.080, 15.57.040, AND 15.68.050 TO THE SAN

BERNARDINO MUNICIPAL CODE OF THE SAN BERNARDINO

MUNICIPAL CODE PERTAINING TO BUILDINGS AND
CONSTRUCTION FROM TITLE 5 OF THE SAN BERNARDINO

MUNICIPAL CODE TO ADOPT BY REFERENCE THE CALIFORNIA

BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24), CONSISTING OF THE 2025 CALIFORNIA BUILDING CODE (INCORPORATING AND AMENDING THE 2024
INTERNATIONAL BUILDING CODE); THE 2025 CALIFORNIA
ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2023
NATIONAL ELECTRICAL CODE); THE 2025 CALIFORNIA PLUMBING CODE (INCORPORATING AND AMENDING THE 2024 UNIFORM
PLUMBING CODE); THE 2025 CALIFORNIA MECHANICAL CODE
(INCORPORATING AND AMENDING THE 2024 UNIFORM
MECHANICAL CODE); THE 2025 CALIFORNIA ENERGY CODE; THE
2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE; THE 2025 CALIFORNIA FIRE CODE INCORPORATING AND AMENDING THE 2024
WILDLAND-URBAN INTERFACE CODE); THE 2025 CALIFORNIA
GREEN BUILDING STANDARDS CODE; THE 2025 CALIFORNIA
RESIDENTIAL CODE, THE 2024 INTERNATIONAL PROPERTY
MAINTENANCE CODE; AND THE 2025 CALIFORNIA EXISTING
BUILDING CODE.

WHEREAS, pursuant to Government Code section 50022.1 et seq., the City of San Bernardino (“City”) may adopt by reference the California Building Standards Code, 2025 Edition as provided in Title 24 of the California Code of Regulations and other codes, including, without limitation, the California Administrative Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Wildland-Urban Interface Code, California Historical Building Code, California Fire Code, California Green Building Standards Code, International Residential Code, International Property Maintenance Code, and International Existing Building Code; and WHEREAS, the California Building Standards Commission (“Commission”) recently adopted the 2025 Edition of the California Building Standards Code; and WHEREAS, Health and Safety Code sections 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, and topographical conditions; and WHEREAS, the City held a public hearing on July 15th, 2026 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
Packet Page. 221
Ordinance No. MC-1666
2 WHEREAS, the City published notice of the aforementioned public hearing pursuant to Government Code section 6066 on March 30, 2026 and April 4th; and WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

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

SECTION 2. Section 15.04.020 of the SBMC is hereby amended to state in full as follows:

TITLE 15

BUILDINGS AND CONSTRUCTION
Chapters:

15.04 Building Codes

15.05 Property Maintenance Code
(Added by Ord. MC-1417, 10-05-15)

15.08 Liquefaction

15.10 Foothill Fire Zone Building Standards

15.11 Building Safety Enhancement Area Building Standards

15.12 Earthquake Hazard Reduction in Existing Buildings

15.16 Uniform Fire Code (Repealed by Ord. MC-1422, 5-16-16)

15.20 Certificate of Occupancy

15.24 Property Maintenance Requirements

15.25 Multi-Family Rental Housing Fire Inspection Program

15.26 Single-Family Rental Property Inspection Program

15.27 Crime-Free Rental Housing Program

15.28 Dangerous Buildings

15.32 (Repealed by Ord. MC-781, 4-22-91)

15.34 Removal or Destruction of Trees
Packet Page. 222
Ordinance No. MC-1666
3 15.36 Demolition and Moving of Buildings and Structures

15.37 Historic Building Demolition Ordinance

15.38 (Repealed by Ord. MC-880, 6-23-93)

15.40 (Repealed by Ord. MC-880, 6-23-93)

15.44 (Repealed by Ord. MC-880, 6-23-93)

15.48 Swimming Pools

15.52 (Repealed by Ord. MC-781, 4-22-91)

15.55 City Assumption of Code Enforcement in Mobile Home Parks (Repealed by Ord. MC1379, 10-15-12)

15.56 (Repealed by Ord. MC-781, 4-22-91)

15.57 Cultural Development Construction Tax

15.60 (Repealed by Ord. MC-880, 6-23-93)

15.64 (Repealed by Ord. MC-84, 7-21-81)

15.68 Washers, Dryers, Extractors, and Compressors

15.72 (Repealed by Ord. MC-781, 4-22-91)
1 For statutory provisions authorizing cities to regulate buildings and construction, see Gov. Code §§38601 and 38660; for provisions on the construction of housing, see Health and Safety Code §17910 et seq., for provisions authorizing cities to adopt codes by reference, see Gov. Code §50022.1 et seq.
[Return to Municipal Code Contents]

15.73 Verdemont Area - Infrastructure Fee

15.74 Violation - Penalty.

Chapter 15.04

BUILDING CODES
As Amended by Ord. MC-1433, 12-21-16
Sections:

15.04.010 - Citation

15.04.020 - Adoption of Codes by Reference
Packet Page. 223
Ordinance No. MC-1666
4 15.04.030 - Applicability

15.04.040 - Definitions

15.04.050 CBC - Appendix Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work

15.04.060 CBC - Appendix Chapter 1, Section 112.1.1 is added – Board of Appeals Designated

15.04.070 - CBC Appendix Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit

15.04.080 - Applicable Fees and Fee Exemptions

15.04.090 CBC - Section 2204.1.1 is added Qualification of Welding Operators.

15.04.100 CBC - Section 3109.1.1 is added - Barriers for Swimming Pools

15.04.110 CBC - Appendix J, Section J101.3 is added – Alquist-Priolo Earthquake Fault Zones.

15.04.120 CBC - Appendix J, Section J101.4 is added - Enforcement Authority

15.04.130 - On-site Improvement Permit

15.04.140 - Preparation of Grading Plans

15.04.150 - On-Site Improvement Plans and Specifications

15.04.160 - Information on On-Site Improvement Plans

15.04.170 - On-site Improvement Plan Review and Permit Fees

15.04.180 - Inspection of On-Site Improvements

15.04.190 - Bonds Required

15.04.200 CBC - Appendix J, Section J110.1 is added Planting of Slopes

15.04.210 CBC - Appendix J, Section J112 is added- Grading Operations

15.04.220 CBC - Appendix J, Section J110.3 is added- Final Repots [Rev. 2022]
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1207

15.04.230 - Driveway Configurations
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Ordinance No. MC-1666
5 15.04.240 - Location of Slopes

15.04.250 - Automatic Fire Sprinkler Systems- Residential Additions

15.04.260 - Stop Work Order

15.04.010 - Citation
The ordinance codified in this chapter shall be known as the "San Bernardino Building Code" hereinafter referred to as the "Building Code".

15.04.020 Adoption of Codes
All sections of the Code listed here and legally adopted by the State of California’s Building Standards Commission or by the Office of the State Fire Marshall shall be formally adopted by the City of San Bernardino as the California Building Code to be enforced within the City limits as required by state law. Sections and appendices not specifically adopted by the aforementioned State offices are hereby adopted by reference.

Except as provided in this chapter, the code currently adopted State Building Code under title 24 sections parts 1-11 of the CCR known and designated as the 2025 California Building Codes (CBC), as adopted by the State of California, based on the 2024 International Building Code published by the International Code Council and the Plumbing and Mechanical Codes written by IAPMO and the National Electrical Code and Fire Code as written by NFPA, shall become the administrative provisions of the City of San Bernardino for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the city.

Chapter 1 of the 2025 California Building Code and all other formally adopted building Code will be on file for public examination in the offices of the building official as required by State Law.

The City of San Bernardino does hereby formally adopt the State of California model building Codes into local law as listed below:
2025 California Administrative Code Title 24 Part 1
2025 California Building Code Title 24 Part 2 (Volumes 1 & 2) 2025 California Electrical Code Title 24 Part 3 (based on 2023 NEC) 2025 California Mechanical Code Title 24 Part 4 (based on 2024 Uniform Mechanical Code)
2025 California Plumbing Code Title 24 Part 5 (based on 2024 Uniform Plumbing Code) 2025 California Energy Code Title 24 Part 6
2025 Wildland-Urban Interface Title 24 Part 7
2025 California Historical Building Code Title 24 Part 8 Packet Page. 225
Ordinance No. MC-1666
6 2025 California Fire Code Title 24 Part 9 (specific amendments to the California Fire Code are to be adopted by district for the greater San Bernardino County Fire District and will include Office of the State Fire Marshall requested amendments.) 2025 California Existing Building Code Title 24 Part 10 2025 California Green Building Standards Code Title 24 Part 11

2. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition;

3. International Residential Code, Appendix BF, 2024 edition;

4. International Property Maintenance Code (IPMC), 2024 edition; and

5. International Existing Building Code (IEBC), 2024 edition.

C. Copies of all Codes listed above shall be on file in the Community and Economic Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. These codes are also available for view on the International Code Conference website http://www.ICCsafe.org
Added for the purpose of public information and transparency.

15.04.030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the City in violation of, or without complying with the appropriate provisions of this Chapter.

In the event of any inconsistency or conflict between the above codes and the requirements of other City ordinances or State statutes, the State statutes and City ordinances shall govern.

15.04.040 Definitions
"City" in the above-mentioned section and codes shall be deemed to refer to and designate the City of San Bernardino, and any reference to any act or legislative enactments herein referred to shall be deemed to designate and embrace the statutes of the State, and the amendments thereof, dealing with the subject matter thereby and therein referred to.

15.04.050 CBC Chapter 1, Section 105.5.1 is added –
Section 105.5 Prima Facie Evidence of Abandoned Work
Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180-day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.

Packet Page. 226
Ordinance No. MC-1666
7 [Rev. 2025]
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1209

15.04.060 CBC Chapter 1, Section 113.1.1 is added
Board of Appeals Designated
Section 113.1.1 Board of Appeals Designated

1. The Board of Building Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The Building Official or his designee shall be Clerk of the Board. The Board shall have such duties as are delegated to it by the California Building Code (CBC) Section 113 as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code.

15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit

2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.

15.04.080 Applicable Fees and Fee Exemptions
Applicable Fees: The fees for building, electrical, plumbing, and mechanical permits shall be as set forth in the latest adopted edition of the California Administrative Code, subject to such amendments thereto as are adopted in this Chapter, and subject to further amendments as adopted by resolution of the Mayor and Common Council.

15.04.090 CBC Section 2204.1.1 is added Qualification of Welding Operators Section 2204.1.1 Qualification of Welding Operators.

In addition to Section 2204.1, the following subsections shall govern all welding work:

1. All welding shall be done by qualified operators approved by the Building Official. The Building Official shall prescribe rules and regulations for the tests of welders, and no operator shall be approved by the Building Official unless and until he/she has first successfully completed such tests as may be given by the Department of Adult Vocational Education of the San Bernardino City Schools, or San Bernardino Valley College, or has obtained such approval because he/she Packet Page. 227
Ordinance No. MC-1666
8 holds a current welding certificate issued by an accredited testing agency based upon the requirements of the California Department of Adult-Vocational Education. [Rev. 2022]
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1210
A certificate shall be issued to operators by the Building Official upon successful completion of the required test or tests and/or approval as aforesaid being obtained. Requests for the certificate shall be made by the operator within thirty (30) days after completion of the test. The certificate shall be valid for two years.

Subsequent certificates may be obtained by successful completion of required tests, or when the approved operator submits sufficient evidence to the Department of Adult-Vocational Education of the San Bernardino City Schools, or San Bernardino Valley College that he/she has regularly engaged in such work and that such work has been satisfactorily performed during the past year.

2. Every welder employed for welding of steel plate of No. 8 gauge thickness or less shall be qualified for light gauge welding. Every welder employed for field welding shall be qualified to weld in the flat, vertical and overhead positions. Welders, including light gauge welders who are employed for shop welding, shall be qualified in the flat, vertical and horizontal positions.

3. Structural steel welding operators shall be qualified as prescribed by the latest edition of the Structural Welding Code of the American Welding Society.

4. After a welder has passed the required tests, he/ she must be capable of performing neat and consistently good work in actual operation. Carelessness, inability to maintain a uniform arc and poor workmanship will be deemed sufficient cause for revocation of the welder's certificate.

5. A fee of Three hundred ninety-four dollars and seventy-four cents ($394.74) will be charged by the City of San Bernardino for each original or renewed certificate, which shall be valid for two (2) years.

6. At the time application is made, a certificate may be issued without examination upon presentation of proper evidence that the welder is currently approved for the position either by the Department of Adult-Vocational Education or other acceptable proof of qualification.

7. Testing shall be done under the supervision of the San Bernardino City Schools, Department of Adult-Vocational Education of San Bernardino Valley College or other accredited testing agency.

15.04.100 CBC Section 3109.1.1 is added - Barriers for Swimming Pools The requirements of CBC Section 3109 shall apply to single-family swimming pool barriers.

Swimming pools, spas, and hot tubs for which an application for a building permit was submitted prior to July 23, 1993 shall comply with the requirements contained in Chapter 15.48 of the San Bernardino Municipal Code.

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Ordinance No. MC-1666
9 [Rev. June 2019]
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1211

15.04.110 CBC Appendix J, Section J101.3 is added -
Alquist-Priolo Earthquake Fault Zones
J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those requirements set forth in the "Alquist-Priolo Earthquake Fault Zoning Act (Division 2, Chapter 7.5, California Public Resources Code). This Act is intended to represent minimum criteria for all structures that fall within the boundaries as shown on the "Earthquake Fault Zones Maps" as prepared by the California Division of Mines and Geology.

15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/her designee shall have the authority for the enforcement of IBC Appendix Chapter J and any amendments thereto.

15.04.130 On-site Improvement Permit
No person shall construct any on-site improvement for motor vehicle parking or vehicle circulation, the disposal of waste through a private sewer main, the conveyance of storm waters, or landscaping and irrigation systems, without first obtaining a permit from the Building Official.

A permit issued by the Building Official for the purpose of construction of the improvements set forth herein shall hereafter be known as an on-site improvement permit.

15.04.140 CBC Appendix J, Section J103.1.1 is added
Preparation of Grading Plans
A grading plan and a grading permit shall be required for any grading activity involving more than 50 cubic yards. All grading plans shall be prepared by a registered civil engineer.

15.04.150 On-Site Improvement Plans and Specifications
When required by the Building Official, plans and specifications, and verification of land use entitlement shall accompany each application for an on-site improvement permit.

Plans and specifications required by the Building Official shall be prepared and signed by a registered civil engineer. Specifications may be incorporated into the plans as general notes in lieu of a separate document. Verification of land use entitlement requirements are incorporated into the Grading Policy promulgated by the Community Development Department.

15.04.160 Information on On-site Improvement Plans
Packet Page. 229
Ordinance No. MC-1666
10 On-site improvement plans shall contain all information set forth in CBC Chapter 1, Section 105. 3 and shall include additional information as required by the Building Official. [Rev. 2022]
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15.04.170 On-site Improvement Plan Review and Permit Fee When an on-site improvement plan is required to be submitted, a plan review fee shall be paid at the time of submittal of plans and specifications. Items to be reviewed shall be improvements including, but not limited to, paving, curbs, sidewalks, private sewer mains, drainage facilities, landscaping, and irrigation systems.

Fees for each on-site improvement permit shall be paid to the City at the time of permit issuance.

Said on-site plan review and permit fees shall be in an amount established by resolution of the Mayor and Common Council.

15.04.180 Inspection of On-Site Improvements
All on-site improvements for which a permit is required shall be subject to inspection by the Building Official or his/her designee.

15.04.190 Bonds Required
A grading permit shall not be issued unless the applicant has first posted with the Building Official a good and sufficient surety bond, cash, letter of credit (Col) or certificate of deposit in such an amount as the Building Official shall estimate and determine to be necessary to cover the total cost of the project, including corrective work necessary to remove and eliminate geological hazards.

The Building Official shall require a written itemized estimate of the costs of the grading. The amount of the required bond, cash, instrument of credit or certificate of deposit, is based on the estimate of cost and shall be given to the owner or applicant prior to the issuance of the permit.

When security for the grading is provided for a development on the site where the grading is to be done, the bond for the grading required shall be released upon submission of evidence by the permittee to the Building Official that the grading work is complete and signed off by the Construction Engineer.

An agreement between the Redevelopment Agency, the Inland Valley Development Agency, or the San Bernardino International Airport Authority, and the City of San Bernardino, approved by the City Attorney and unconditionally providing and guaranteeing that said Agency shall provide those grading and other improvements and pay the costs thereof required, may be filed with the Building Official as security in lieu of said bond, cash or certificate of deposit wherever said project is located in a redevelopment project area and the agreement recites that the street improvements are in compliance with the
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11 Redevelopment Plan for said area and in furtherance of the public interest in promoting public or private development.

15.04.200 CBC Appendix J, Section J110.1.1 is added - Planting of Slopes J110.1.1 Planting of Slopes. The Building Official may waive the planting of any slope less than 5 feet in vertical height. An automatic irrigation system shall be installed for planted slopes unless recommended otherwise in the preliminary soils report or waived by the Building Official. If required by the Building Official, a recommendation for types of planting materials shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final inspection, provide the Building Official with a statement that the planting has been done in accordance with his recommendations approved by the Building Official.
[Rev. June 2022]
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15.04.210 CBC Appendix J, Section J112 is added - Grading Operations J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the Building Official and incorporated into the Grading Policy promulgated by the Community Development Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other causes.

Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated representative or observed and supervised by such an individual.

Typical qualified individuals would include a licensed contractor, geologist or engineer.

J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice.

J112.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading.

15.04.220 CBC Appendix J, Section J110.3 is added - Final Reports J110.3 Final Reports. A statement from the Landscape Architect shall be submitted to the City Engineer stating that the planting and irrigation system(s) have been installed in accordance with his recommendations.

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12 15.04.230 Driveway Configurations
Driveways to residential garages of more than 30 feet in length shall extend for a minimum distance of 20 feet from the garage on a maximum grade of 5%. Driveways less than 30 feet in length shall have a maximum grade of 8% for a minimum distance of 20 feet from the garage. No portion of a driveway shall exceed a grade of 20%. Driveways shall be designed so that the algebraic difference in grades will not cause a car to drag or hang up.

15.04.240 Location of Slopes
Slopes shall be positioned on the downhill lot unless waived by the City Engineer. [Rev. June 2019]
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15.04.250 Automatic Fire Sprinklers- Residential Additions That Authority to require passive fire suppression (sprinklers) for residential additions will be determined by the acting Fire Authority based on availability of water and existing hydrants fire flow within the area of the proposed structure.

15.04.260 Stop work order
A. Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in San Bernardino Municipal Code Section 9.90.010 A2, 3, 4, 5, 6 or 8, shall be guilty of a misdemeanor.

B. Each day during any part of which the activity prohibited by subdivision (a) of this section continues shall be a distinct and separate offense.
[Rev. 2022]
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15.05 Property Maintenance Code
(Added by Ord. MC-1417, 10-05-15)

15.05.010 Citation of Sections

15.05.102.3 (Repairs, additions or alterations to a structure)

15.05.103.1 (Code Official)
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13 15.05.104.3

15.05.106.4 (Violation Penalties)

15.05.107.1 (Notice to Person Responsible)

15.05.111 (Appeals)

15.05.112.4 (Failure to Comply)

15.05.201.3 (Definitions)

15.05.302.4 (Weeds)

15.05.302.9 (Defacement of Property Deleted)

15.05.304.3 (Premises Identification)

15.05.304.14

15.05.304.18

15.05.307 (Handrails and Guardrails)

15.05.401.3 (Alternative Devices)

15.05.502.5 (Public Toilet Facilities)

15.05.505.1 (Public Fixture Connections)

15.05.602.2 (Heating Facilities)

15.05.602.3 (Heat Supply, Exceptions 1 & 2 deleted)

15.05.602.4 (Occupiable Workspaces deleted)

15.05.604.2 (Service)

15.05.604.3.1.1 (Electrical Equipment exposed to water)

15.05.604.3.2.1 (Electrical Equipment exposed to fire)

15.05.702.1 (General)

15.05.702.2 (Aisles)

15.05.702.3 (Locked Doors)

15.05.704.1 (Fire Protection Systems)

15.05.704.2 (Smoke Alarms)
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14 [Rev. 2022]
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15.05.010 Citation of Sections
This chapter shall be known as the "Property Maintenance Code," and may be cited as such. For purposes of citation, the International Property Maintenance Code, 2021 Edition, published by the International Code Conference; adopted by reference and amended by the City, is renumbered by adding "15.05." before each section.

15.05.102.3
International Property Maintenance Code Section 102. 3 is amended to read as follows:
102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Building Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code."

15.05.103.1
International Property Maintenance Code Section 103. 1 is amended to read as follows:
103.1 "The Chief of Police or the Director of Community Development and Housing or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code."

15.05.104.3
International Property Maintenance Code Section 104.3 is amended to add the following phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California."

15.05.106.4 International Property Maintenance Code Section 106.4 is amended to read as follows:
106.4 "Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code." [Rev. 2022]
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15 15.05.107.1
International Property Maintenance Code Section 107.1 is amended to read as follows:
107.1 "Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3."

15.05.111
International Property Maintenance Code Section 111 and subsections are amended to read as follows:
111 "The Administrative Law Officer established in Section 9.92.020 of the San Bernardino Municipal Code, shall hear and determine any appeal arising from an action or determination made by the code official relative to the application and interpretation of this code. Section 9.92.130 of the municipal code shall apply to the Administrative Law Officer' s determination. An appeal shall be filed, if at all, in accordance with the requirements and within the time period set forth in Section

9.92.180 of the San Bernardino Municipal Code."

15.05.112.4
International Property Maintenance Code Section 112.4, Failure to comply, is amended to read as follows: 112.4 Failure to Comply "Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [SBMC] 9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112.1 of this section continues shall be a distinct and separate offense."

15.05.201.3
International Property Maintenance Code Section 201.3 is amended to read as follows:
201.3 Definitions. "Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California [Rev. 2022]
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Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted Packet Page. 235
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16 by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes."

15.05.302.4
International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows:
302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8.30, Abatement of Public Nuisances."

15.05.302.9
International Property Maintenance Code Section 302.9, defacement of property, is deleted.

15.05.304.3
International Property Maintenance Code Section 304.3 is amended to read as follows:
304.3 Premises Identification "Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12.32.030 and/or 15.16.126."

15.05.304.14
International Property Maintenance Code Section 304.14 is deleted.

15.05.304.18
International Property Maintenance Code Section 304.18 is deleted.

15.05.307
International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows:
307 Handrails and Guardrails "Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition." [Rev. . 2022]
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15.05.401.3
International Property Maintenance Code Section 401. 3 is amended to read as follows:

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17 401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted."

15.05.502.5
International Property Maintenance Code Section 502.5, Public toilet facilities, is amended to read as follows:
502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises."

15.05.505.1
International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows:
505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system (Waterless urinals shall have an available source of water). All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code."

15.05.602.2
International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows:
602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human occupancy shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms."

15.05.602.3
International Property Maintenance Code Section 602. 3, Heat supply, Exceptions #1 and #2 are deleted.
[Rev. 2022]
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15.05.602.4
International Property Maintenance Code Section 602.4, Occupiable workspaces, is deleted.

15.05.604.2
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18 International Property Maintenance Code Section 604.2, Service, is amended to read as follows:
604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code.

Dwelling units shall be served by a three- wire, 120/ 240-volt, single-phase electrical service having a rating of not less than 60 amperes."

15.05.604.3.1.1
International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is amended to read as follows:
604.3.1.1 Electrical Equipment "Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted."

15.05.604.3.2.1
International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is amended to read as follows:
604.3.2.1 Electrical Equipment "Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code."
The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted.

15.05.702.1
International Property Maintenance Code Section 702.1, General, is amended to read as follows:
702.1 General "General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."
[Rev. 2022]
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15.05.702.2
International Property Maintenance Code Section 702.2, Aisles, is amended to read as follows:

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19 702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed."

15.05.702.3
International Property Maintenance Code Section 702.3, Locked doors, is amended to read as follows:
702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive."

15.05.704.1
International Property Maintenance Code Section 704.1, General, is amended to read as follows:
704.1 Fire Protection Systems "General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code."

15.05.704.2
International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows:
704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."
[Rev. 2022]
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Chapter 15.08

LIQUEFACTION
Sections:

15.08.010 Findings

15.08.020 Purpose

15.08.030 Scope - Map

15.08.040 Liquefaction Defined
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20 15.08.050 Reports Required

15.08.060 Exemptions

15.08.070 Administration and Enforcement

15.08.080 Compliance Required Prior to Issuance of Permits

15.08.090 Appeal

15.08.010 Findings
Local governing bodies are required to adopt policies for the protection of the community against geologic and seismic hazards pursuant to California Government Code Section 65302. The primary geologic and seismic hazards that could potentially affect San Bernardino include fault rupture, ground shaking historic high ground water, and soil matrix. These hazards could cause liquefaction resulting in extensive property damage and loss of life in susceptible areas of the City.

Liquefaction reports plus mitigation measures for new development in susceptible areas will greatly reduce the risk of damage from liquefaction induced building failures during an earthquake occurrence.
(Ord. MC-676, 9-19-89)

15.08.020 Purpose
The purpose of this Code is to reduce the potential risk of property damage and loss of life due to liquefaction induced building failures during an earthquake occurrence by requiring liquefaction reports and mitigation measures for development in areas susceptible to liquefaction within this jurisdiction.
(Ord. MC-676, 9-19-89)
[Rev. 2022]
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15.08.030 Scope - Map
A map is included in the General Plan indicating areas of liquefaction susceptibility. All new development projects, or structural modifications over twenty five percent (25%) of the building area, which are located within the areas of liquefaction susceptibility as determined by the latest adopted edition of the General Plan Map (Map) may be required to provide liquefaction reports and mitigation measures. The liquefaction susceptibility areas indicated on the map have a historic high ground water table within thirty (30) feet of the surface. (Ord. MC-676, 9-19-89)

15.08.040 Liquefaction Defined
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21 Liquefaction is defined as the transformation of a granular material from a solid state into a liquefied state as a consequence of increased pore-water pressures. Soils and clastic sediment with particle size in the medium sand to silt range, as determined by the Unified Soils Classification System, are particularly susceptible to liquefaction when they are saturated with water and shaken by an earthquake. Liquefaction at or near the surface can result in foundation failure and property damage.
(Ord. MC-676, 9-19-89)

15.08.050 Reports Required
A. A liquefaction report plus mitigation measures prepared by a Registered Civil Engineer shall be required by the Director of Development Services for new construction or structural modification of more than twenty-five percent (25%) of the building area for the buildings or structures listed below which fall within the high liquefaction susceptibility areas as indicated on the Map:

1. Essential facilities, as defined in Table 1604.5 of the California Building code, including but not limited to hospitals and other emergency medical facilities, fire and police stations, and government disaster operation and communication centers.

2. Buildings where the primary occupancy is for assembly use for more than fifty (50) persons in one room.

3. Buildings over two stories in height.

4. Buildings with the following occupancies, as listed in the California Building Code:
a. Group A, (Assembly) Divisions 1, 2 and 2.1;
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b. Group E, (Educational) Division 1;
c. Group H, (High Hazard) Divisions 1 and 2; and
d. Group I, (Institutional) Divisions 1 and 2.

5. Buildings with an occupant load of more than 300, as determined Table 1004.5 of the California Building Code.

6. Underground tanks of more than 5,000 gallons, for storage of toxic, hazardous or flammable materials.

7. Tanks with a height of more than 35 feet.

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22 8. Towers with a height of more than 35 feet.

Amended to reflect new table numbering

15.08.070 Administration and Enforcement
The Director of Community Development and Housing shall promulgate written procedures, regulations, guidelines and fees pertaining to the implementation and enforcement of this Chapter.

Such procedures, regulations, guidelines and fees shall not become effective until they have been approved by the Mayor and City Council.
(Ord. MC-1027, 9-09-98; Ord. MC-676, 9-19-89)

15.08.080 Compliance Required Prior to Issuance of Permits Any person, business, organization or corporation failing to provide the required liquefaction reports and mitigation measures to the Director of Community Development and Housing in compliance with this Chapter shall be denied issuance of grading and building permits. (Ord. MC-1027, 9-09-98; Ord. MC-676, 9-19-89)

15.08.090 Appeal
Any interested person aggrieved by the determination of the Director of Community Development and Housing may appeal the decision to the Mayor and City Council in accordance with the provisions of Chapter 2.64 of this Code.
(Ord. MC-1027, 9-09-98; Ord. MC-676, 9-19-89)
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Chapter 15.10

FOOTHILL FIRE ZONE BUILDING STANDARDS
Sections:

15.10.020 Purpose

15.10.030 Very High Fire Hazard Severity Zones

15.10.040 Scope

15.10.060 Applicability

15.10.080 Applicable Building Standards

15.10.020 Purpose
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23 The purpose of this Chapter is to promote public safety and welfare by reducing the risk of injury, death, or property damage that may result from wild-land fires in the foothill areas of the City. The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise reduce the spread of fire on developed properties, by controlling the use of materials and methods of construction.
(Ord. MC-1163, 1-23-04; Ord. MC-1162, 1-06-04; Ord. MC-960, 3-06-96)

15.10.030 Very High Fire Hazard Severity Zones
Very High Fire Hazard Severity Zones are hereby designated in the City of San Bernardino as recommended by the Director of the California Department of Forestry and Fire Protection within the City of San Bernardino as depicted on a map titled City of San Bernardino Very High Fire Hazard Severity Zones dated October 29, 2008, on file at the office of the City Clerk, 300 N. D Street, San Bernardino, California.
(Ord. MC-1309, 7-06-09)

15.10.040 CWUI Section [A] 101.3.2 is added— Existing Structures [A] 101.3.2 Existing Structures. For existing structures, retrofitting of an element is required when more than 60% replacement of that element occurs. An addition to an existing structure need not comply with these standards if the addition does not exceed 60% of the floor are of the existing structure and the existing structure was not required to meet these construction standards when originally constructed. Retrofitting of an entire structure is required when a combination of elements is replaced or other repairs are made equal in value to 60% or more of the replacement cost of the structure as determined by the building official. Alterations made to a structure shall not increase the degree of non-conformity in regard to these standards.

Ord. MC-1395, 1-06-14; Ord. MC-1337, 11-15-10
[Rev. 2025]
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15.10.060 Applicability
The requirements of this Chapter shall apply to those properties located in Foothill Fire Zones A, B, or C as defined in Chapter 19.15 and those properties located in a Very High Fire Hazard Severity Zone as designated by the State of California. (Ord. MC-1262, 12-18-07; Ord. MC-1261, 12-04-07; Ord. MC-1163, 1-23-04; Ord. MC-1162, 1-06-04; Ord. MC-960, 3-06-96)

15.10.080 Applicable Building Standards
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24 The building standards contained in the California Wildland-Urban Interface Code, shall apply in the Foothill Fire Zones and in state designated Very High Fire Hazard Severity Zones. In addition, the following requirements shall apply as noted herein:

A. Fencing shall be of approved noncombustible or ignition-resistant material.

B. Vinyl window frame assemblies shall have the following characteristics:

1. Frames shall have welded corners and metal reinforcement in the interlock area;

2. Dual-paned insulated glazed units with at least one pane of tempered glass;

3. Frame and sash profiles are certified in AAMA Lineal Certification Program (verified by an AAMA product label or a Certified Products Directory);

4. Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural requirements.

C. Roof mounted turbine vents shall not be permitted
D. All roof coverings shall be of non-wood materials with at least a Class A fire-retardant rating. [Rev. 2025]
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F. Paper-faced insulation shall be prohibited in attics or ventilated spaces. (Ord. MC-1395, 1-06-14; Ord. MC-1337, 11-15-10; Ord. MC-1262, 12-18-07; Ord. MC-1261, 12-04-07; Ord. MC-1163, 1-23-04;
Ord. MC-1162, 1-06-04; Ord. MC-960, 3-06-96)
Chapter 15.11

BUILDING SAFETY ENHANCEMENT AREA

BUILDING STANDARDS
Sections:

15.11.020 Purpose

15.11.040 Scope/Applicability

15.11.080 Building Safety Enhancement Area Building Standards

15.11.020 Purpose
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25 The purpose of this Chapter is to promote public safety and welfare by reducing the risk of injury, death, or property damage that may result from urban conflagrations spread by high winds. The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise reduce the spread of urban fire by controlling the use of materials and methods of construction.

15.11.040 Scope/Applicability
The Building Safety Enhancement Area Building Standards shall apply to all newly constructed buildings, structures, or appurtenances outside the Foothill Fire Zones (as defined in Chapter

19.15) and located in any of the following areas:

A. Those areas of the City designated by Council Resolution after a noticed public hearing as being located within a Building Safety Enhancement Area as follows:

1. Four or more abutting (as defined in Chapter 19.02 of the Development Code) parcels with at least four dwellings with each dwelling damaged over 60% by fire or other catastrophe.

2. All dwellings and commercial structures damaged over 60% by fire or other catastrophe that are located within a block (as defined in Chapter 19.02 of the Development Code) in which 50% or more of the dwellings and commercial structures have each incurred damage over 60% by fire or other catastrophe.
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B. Those new residential housing tracts comprised of four or more dwelling units for which building permit applications are submitted after the effective date of this ordinance.

C. Those new commercial structures that are 5,000 square feet or larger, for which building permit applications are submitted after the effective date of this ordinance.

15.11.080 Building Safety Enhancement Area Building Standards A. Exterior walls. Exterior walls shall be constructed of non-combustible materials or shall provide the equivalent to a minimum of 1-hour fire resistance rated construction on the exterior side.

B. Eaves. Eaves shall be enclosed with a minimum 7/8-inch stucco equivalent protection.

C. Exterior glazing. Exterior glazing shall comply with the provisions of the California Building Code and with the following additional requirements:

1. Exterior windows, window walls and glazed doors, and windows within exterior doors, shall be tempered glass, or multi-layered glass panels (dual- or triple-paned), or other assemblies approved by the Building Official.

2. Vinyl window frame assemblies shall be prohibited, except when they have the following characteristics:

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26 a) Frame and sash are comprised of vinyl material with welded corners; b) Metal reinforcement in the interlock area;
c) Glazed with insulated glass or tempered;
d) Frame and sash profiles are certified in AAMA Lineal Certification Program (verified with either an AAMA product label or Certified Products Directory); and e) Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural requirements. f) Except when needed to meet the requirements of the California Energy Code at Title 24, Part 6 of the California Code of Regulations.
[Rev. 2022]
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D. Garage Doors. Garage doors shall be constructed of noncombustible materials or fire-retardant treated wood.

E. Vents.

1. All vents shall be covered with 1/8-inch mesh corrosion-resistant metal screen or other approved material that offers equivalent protection.

2. Roof-mounted turbine vents shall not be permitted.

F. Insulation. Paper-faced insulation shall be prohibited in attics or ventilated spaces.

G. Roof covering. All roof covering shall be of non-wood materials with at least a Class A or B fire-retardant rating. The open ends of high-profile tile roofs shall be capped with non-ignitable material to prevent birds' nests or other combustible material from accumulating. Gutters and downspouts shall be constructed of non-combustible material.

H. Fences. Where wood or vinyl fencing is used, there shall be a minimum of 5' separation between the wood or vinyl fencing and the wall of the nearest structure except on those properties where previous construction occurred pursuant to a previous Code. Fencing within the 5' separation area shall be of non-combustible material or 1-hour fire-resistance-rated construction. (Ord. MC-1163, 1-23-04; Ord. MC-1162, 1-06-04)
[Rev. 2022]
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Ordinance No. MC-1666
27 Chapter 15.12

EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS
Sections:

15.12.010 (Repealed by Ord. MC-1262, 12-18-07;
Ord. MC-1261, 12-04-07)

15.12.020 (Repealed by Ord. MC-1053, 8-04-99)

15.12.030 (Repealed by Ord. MC-1053, 8-04-99)

15.12.040 (Repealed by Ord. MC-1053, 8-04-99)

15.12.050 (Repealed by Ord. MC-873, 5-26-93)

15.12.060 (Repealed by Ord. MC-873, 5-26-93)

15.12.070 (Repealed by Ord. MC-873, 5-26-93)

15.12.080 (Repealed by Ord. MC-873, 5-26-93)

15.12.090 (Repealed by Ord. MC-873, 5-26-93)

15.12.100 (Repealed by Ord. MC-1053, 8-04-99)

15.12.110 (Repealed by Ord. MC-1053, 8-04-99)

15.12.120 (Repealed by Ord. MC-1053, 8-04-99)

15.12.130 (Repealed by Ord. MC-1053, 8-04-99)

15.12.140 (Repealed by Ord. MC-1053, 8-04-99)

15.12.200 Sign Posting

15.12.300 Vacant Unreinforced Masonry Buildings

15.12.200 Sign Posting
A. Any building owner who has received actual or constructive notice from the Building Official that a building located in the City of San Bernardino is constructed of unreinforced masonry, shall post in a conspicuous place at the entrance of said building, on a sign not less than 5" x 7" the following statement, pursuant to Government Code Section 8875.8, printed in not less than 30- point bold type:

This is an unreinforced masonry building. Unreinforced masonry buildings may be unsafe in the event of a major earthquake.

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28 B. Pursuant to Government Code Section 8875.9, this section shall not apply to unreinforced masonry construction if the walls are non-load bearing with steel or concrete frame.

C. Section 15.74.010 of the San Bernardino Municipal Code shall not apply to any violation of this section.
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D. If the owner of a building is not in compliance with the posting requirements of subsection A above on or after December 31, 2004, and the owner has received actual or constructive notice from the Building Official that their building is of unreinforced masonry construction and has not been retrofitted to the standards identified in Section 15.12.010, the owner shall post and maintain in a conspicuous place at the entrance of the building, a sign not less than 8"x10" with the following statement, with the first two words printed in 50-point bold type and the remaining words in at least 30-point type:
“Earthquake Warning. This is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake.” The posting shall be visible from the exterior entrance of the building.

An owner who is subject to this section and who does not comply with the posting requirements shall be subject to an administrative citation pursuant to San Bernardino Municipal Code Chapter

9.92 and subject to an administrative fine of two hundred and fifty dollars ($250) no sooner than 15 days after notification by the Building Official that the owner is subject to the administrative fine.

Thereafter, if the owner does not comply with and maintain compliance with the posting requirements, within 30 days of the first administrative fine, the owner shall be subject to an additional administrative citation and an additional administrative fine of one thousand dollars ($1000).
(Ord. MC-1215, 2-22-06; Ord. MC-1053, 8-04-99)

15.12.300 Vacant Unreinforced Masonry Buildings
A. Any unreinforced masonry building that has been continuously vacant or abandoned for a period of one year or more shall be strengthened to comply with the standards identified in Section

15.12.010 prior to re-occupancy. A vacancy, as determined by the Building Official, has occurred when there is no lawful occupancy or business activity within the structure for one year. The lack of business registration records, business receipts, utility and other records for a given period may be used to determine if a vacancy has occurred.

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29 B. Any unreinforced masonry building that has been continuously vacant or abandoned for a period of three (3) years or more shall be considered a public nuisance and shall be subject to abatement as a public nuisance in accordance with Chapter 8.30 of this Code. Once deemed to be a public nuisance the building shall be strengthened in accordance with the standards identified in Section

15.12.010, or demolished, or the hazards associated with the building shall be otherwise mitigated to the satisfaction of the Building Official.
(Ord. MC-1215, 2-22-06)
[Rev. 2022]
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Chapter 15.16

UNIFORM FIRE CODE
(Repealed by Ord. MC-1422, 5-16-16)2
Chapter 15.20

CERTIFICATE OF OCCUPANCY
Sections:

15.20.010 Purpose

15.20.020 Definitions

15.20.030 Certificate of Occupancy Required

15.20.040 Conditions Requiring Application

15.20.050 Application Process

15.20.080 Revocation of Certificate of Occupancy

15.20.090 Hearings

15.20.100 Connection/Disconnection of Utilities

15.20.110 Violation

15.20.010 Purpose
The purpose of this Chapter is to protect the public from unsafe and substandard buildings, to prevent the deterioration of buildings, and to prevent future blight and decline of property values through a program of required inspection and certification.

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Ordinance No. MC-1666
30 (Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)

15.20.020 Definitions
Except as otherwise defined in this Chapter, all terms used in this Chapter which are defined by applicable State law, the Uniform Code, or this Code, are used in this Chapter as so defined, unless from the context it clearly appears that a different meaning is intended:

1. Occupant means any person who occupies a unit, building, structure, or property whether as an owner, or tenant or permittee of the owner.

2. On July 1, 2016 the City of San Bernardino annexed into the San Bernardino County Fire Protection District. The County Fire Code, and other ordinances, were ratified by the Mayor and Common Council pursuant to Ord. MC-1422.
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2. Occupancy means the purpose for which a building, structure, or property is used or intended to be used.

3. Owner means any person having a legal or equitable interest in the property.

4. Person means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing.
(Ord. MC-1372, 4-17-12; Ord. MC-1027, 9-09-98;
Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)

15.20.030 Certificate of Occupancy Required
A. Buildings and Structures. No relocated, or hereafter erected structure shall be occupied, or no change in occupancy shall be inaugurated until a Certificate of Occupancy has been issued by the Department of Community Development and Housing.

B. Valid Certificate. A Certificate of Occupancy shall not be deemed to be valid if it has expired, been denied, withheld, revoked, failed to pass a fire inspection, or a new Certificate of Occupancy was required but had not been obtained.

C. Posting Certificate. The owner of the business, building or structure, shall display this certificate in a conspicuous place. In addition, the owner of a building or structure shall provide a copy of the certificate to all lessees, renters and purchasers of the property.

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Ordinance No. MC-1666
31 D. The building official may issue a temporary certificate of occupancy before completion of all permitted work if the portion to be occupied can be occupied safely.

E. Prior to the issuance of a temporary certificate of occupancy, the Building Official shall require, from the developer, a cash bond payable to the City of San Bernardino in the amount equal to the cost of completing the outstanding work, determined by the Building Official plus 20%. The additional 20% shall account for possible industry cost fluctuations. (Ord. MC-1643, 10-2-24; Ord. MC-1373, 5-24-12; Ord. MC-1027, 9-09-98; Ord. MC-782, 5-03- 91;
Ord. MC-781, 4-22-91; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)

15.20.040 Conditions Requiring Application
A new Certificate of Occupancy shall be required whenever:

1. A new building is constructed.

2. A change in use affecting a building’s existing zoning approval or conformity, or a change in the nature of use of a building which would place it in a different occupancy classification, or division thereof.

3. A building or structure has been vacant for more than 180 days. [Rev. 2022]
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4. Whenever a building is ordered to be vacated by the Building Official due to substandard or dangerous conditions.

5. Undeveloped or vacant property is to be used or occupied. (Ord. MC-1373, 5-24-12; Ord. MC-880, 6-23-93; Ord. MC-782, 5-03-91; Ord. MC-781, 4-22-91; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)

15.20.050 Application Process
A. The owner shall file a written application accompanied by payment of a fee with the Community Development and Housing Department prior to use or occupancy of the premises or thirty (30) days prior to expiration of an existing Certificate of Occupancy or temporary Certificate of Occupancy. The Building Official shall cause an inspection to be made of the premises within ten (10) working days for compliance with City codes. If the premises are in compliance with said codes, the Building Official shall issue a Certificate of Occupancy.

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32 B. When an inspection discloses that the premises are not in compliance with the codes, the Building Official shall give written notice of each deficiency to the owner.

No Certificate of Occupancy shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said deficiencies within sixty (60) days after the original application was filed, the application shall expire and a new application, plus fees, will be required.

C. The owner shall be responsible for making the premises available for inspection by the City. (Ord. MC-1373, 5-24-12 Ord. MC-1027, 9-09-98; Ord. MC-741, 9-17-90; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)
(Ord. MC-1373, 5-24-12; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89) [Rev. 2022]
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15.20.080 Revocation of Certificate of Occupancy
The Building Official, in writing, may deny or revoke a certificate of occupancy when it is determined that the building, structure, or property is in violation of the codes, or when the certificate was issued in error or on false information supplied by the applicant. The certificate of occupancy is automatically revoked when there is a change of use or occupancy classification, when the building or structure has been vacant for more than 180 days, or when a building is ordered vacated by the Building Official due to substandard or dangerous conditions. (Ord. MC-1373, 5-24-12; Ord. MC-880, 6-23-93;
Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)

15.20.090 Hearings
Any person aggrieved by the denial, withholding or revoking of a certificate of occupancy or temporary certificate of occupancy by the Building Official may request a hearing in writing before the Hearing Officer.

All decisions of the Hearing Officer may be appealed to the Board of Building Commissioners in accordance with the provisions of Chapter 2.64 of this Code. (Ord. MC-1373, 5-24-12; Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)

15.20.100 Connection/ Disconnection of Utilities
Buildings, structures or property shall be issued a certificate of occupancy or a temporary certificate of occupancy prior to connection of public utilities. The Building Official may approve the connection of utilities prior to the issuance of a certificate of occupancy when requested in Packet Page. 252
Ordinance No. MC-1666
33 writing by the applicant for good cause shown, and when he finds that no unsafe conditions exist or will be created by such connection.

The Building Official may disconnect or order discontinuance of any utility service to any buildings, structures, or premises lacking a valid certificate of occupancy or a valid temporary certificate of occupancy pursuant to the State Codes.
(Ord. MC-1373, 5-24-12; Ord. MC-880, 6-23-93;
Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89)

15.20.110 Violation
Any person who violates or causes the violation of any provision of this Chapter shall be deemed guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code.
(Ord. MC-1373, 5-24-12 Ord. MC-671, 7-26-89; Ord. MC-670, 7-19-89) [Rev. 2022]
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Chapter 15.24

PROPERTY MAINTENANCE REQUIREMENTS
Sections:

15.24.010 Findings

15.24.020 Purpose

15.24.030 Definitions

15.24.040 Property Maintenance Requirements For Single Family Residences, MultiResidential, Commercial and Industrial Property.

15.24.050 Enforcement-Penalty

15.24.060 Severability

15.24.010 Findings
The citizens of San Bernardino have become increasingly concerned with the unsightliness, the deterioration, and the degradation of certain properties, whether residential, commercial or any other zoning designation in their neighborhoods and have sought the help of City government in their effort to preserve their neighborhoods.

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Ordinance No. MC-1666
34 Local governments have the authority to establish minimum requirements for property maintenance to protect the health, safety and appearance of neighborhoods. Enforcement of these minimum maintenance requirements can reduce and eliminate blight and deterioration of neighborhoods, protecting both property values and neighborhood integrity.

The Mayor and City Council hereby find that the deterioration of neighborhoods by the failure to maintain properties to minimum standards results in an adverse effect on the health, safety and welfare of the citizens of this City.
(Ord. MC-1292, 2-03-09; Ord. MC-679, 9-19-89)

15.24.020 Purpose
The purpose of this Chapter is to establish and enforce minimum maintenance standards for all property within the City in order to protect and preserve neighborhood integrity. (Ord. MC-1292, 2-03-09; Ord. MC-679, 9-19-89)

15.24.030 Definitions
For the purpose of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in applicable laws or regulations. All terms used in this chapter which are not defined in this section, but are defined by applicable laws, shall have the same meaning as the definition in the applicable law, unless from context it clearly appears that a different meaning is intended.

1. "Applicable Laws" means any applicable state or federal law, any uniform or state codes adopted by the San Bernardino Municipal Code, including but not limited to the California Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, and California Fire Code.

2. "Graffiti" means any inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on real property, buildings, structures (permanent or temporary), or other fixtures thereon, or on any personal property placed on such real property, including vehicles.

3. "Inoperable or Abandoned Vehicle" means any vehicle, operative or inoperative that is:
(a) mechanically incapable of being driven; or
(b) prohibited from being operated on a public street or highway pursuant to the provisions of the California Vehicle Code concerning license plates, registration, equipment, safety and related matters; or
(c) has been left by the owner or responsible person for over seventy-two hours and has indicia of being inoperable, including but not limited to, flat or deflated tires, cobwebs, and accumulated dirt, trash or debris in and on the vehicle; or (d) wrecked and/or dismantled.

4. "Owner" means any person having a legal or equitable interest in the property.

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Ordinance No. MC-1666
35 5. "Person" means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing.

6. "Property" means any real property zoned for any of the uses set forth in the Development Code and includes sidewalks and parkways adjacent to the property.

7. "Recreational Vehicle" means any vehicles towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes or exclusively for hauling personal property. The term "recreational vehicle" includes, but is not limited to motor homes, fifth-wheels, campers, camp trailers, trailers, boats, watercraft, and allterrain vehicles. [Rev. 2022]
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8. "Visible" means viewable from the public right of way, from property open to the general public, common areas on a property or viewable from another property in proximity to the property in question.
(Ord. MC-1292, 2-03-09; Ord. MC-1187, 10-05-04; Ord. MC-679, 9-19-89)

15.24.040 Maintenance requirements for single family residences, multi-residential, commercial and industrial property.

Any person owning, renting, occupying, managing, or otherwise having charge of any singlefamily residence, multi-residential, commercial and industrial property shall maintain the property in accordance with the following minimum standards. Failure to comply with these minimum standards shall constitute a violation of this Code.

A. Exterior Requirements.

1. Lack of Landscaping. All required setbacks abutting a public right-of-way and front and visible side yards shall be landscaped (except for improved surfaces including, but not limited to walks and driveways) with trees, shrubs, ground cover, decorative rock, redwood bark and/or grass.

2. Unmaintained Landscaping. Trees, shrubs, lawns and other planted vegetation shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs and cutting of lawns.

3. Weeds, Dry Brush and Overgrown Vegetation. Property shall be free of overgrown or dead vegetation, including, but not limited to weeds, trees or limbs, bushes and other planted vegetation.

Weeds include sage brush, dry grass, chaparral and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry.

4. Trash, Debris and Improper Storage. Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery, equipment, any furniture (except for furniture specifically designed for outdoor use) including, but not limited to furniture on porches, balconies, Packet Page. 255
Ordinance No. MC-1666
36 sun decks and in front yards, and any other improperly stored personal property causing an unsightly appearance.

5. Vehicle and Recreational Vehicle Storage. All operable vehicles and recreational vehicles shall be parked or stored in designated, screened areas, a garage, carport or on an improved surface.

None of the above shall be occupied.
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6. Inoperable and Abandoned Vehicles. Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or other enclosed storage area. This section shall not apply to a vehicle, or part thereof, which is stored or parked in a lawful manner on private property in connection with the lawfully authorized and permitted business of a licensed dismantler, licensed vehicle dealer or a licensed junkyard; provided however that this exception shall not authorize the maintenance of a public or private nuisance as defined by applicable laws.

7. Condition of Structures. All improvements on the property, including, but not limited to buildings, garages, carports, porches, gates, fences, doors, windows, roofs, gutters, signs, permanent or temporary structures, stairs, handrails, retaining walls and trash enclosures shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking.

8. Improved Surfaces. Walkways on private property, driveways, parking areas and all improved surfaces shall be maintained in good repair and safe condition. Parking lot striping and handicap markings shall be maintained in good condition.

9. Graffiti. Buildings, structures, sidewalks, driveways, other improved surfaces and any other personal property placed on real property, including vehicles, shall be free of graffiti.

10. Rodent and Vermin Control. Property shall be free from infestation of termites, insects, vermin or rodents.

11. Sewage. Improved property shall be properly connected to a sewage disposal system or a sanitary sewer and free from sewage seepage.

12. Pools and Spas Pools and spas shall be securely fenced and adequately maintained in accordance with the Development Code and other applicable laws.

13. Construction. All buildings or structures in a state of partial construction, repair or rehabilitation shall have an active/valid permit and shall be completed during the term of an active/valid building permit or other time frame ordered by the City. The owner or responsible person shall be progressing diligently to complete the repair, construction or rehabilitation of the building or structure.
[Rev. 2022]
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14. Fencing. All fencing shall be constructed in compliance with the Development Code and other applicable laws with acceptable fencing materials such as wood, vinyl, masonry or wrought iron.

B. Interior Requirements. The interiors of all buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes.
(Ord. MC-1292, 2-03-09; Ord. MC-679, 9-19-89)

15.24.050 Enforcement -Penalty
A. Any person who violates or causes violation of any provision of this Chapter shall be deemed guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code.

B. Nothing in this Chapter shall be deemed to prevent the City Attorney from commencing a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter; nor shall anything in this Chapter be deemed to prevent the City from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter, or other ordinance, statute or state law.

C. Payment of any fine or service of jail sentence herein provided shall not relieve a person, firm, partnership, corporation, or other entity from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the Court may order that the guilty party reimburse the City for all costs of investigating, analyzing and prosecuting the enforcement action against the guilty party. The Court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City.
(Ord. MC-1292, 2-03-09; Ord. MC-1029, 9-22-98; Ord. MC-679, 9-19-89)

15.24.060 Severability
The provisions of this Chapter are severable, and if any sentence, section, or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-1292, 2-03-09; Ord. MC-679, 9-19-89)
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Chapter 15.25
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Ordinance No. MC-1666
38 MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM
Sections:

15.25.010 Purpose

15.25.020 Definitions

15.25.030 Scope

15.25.040 Annual Inspection Required

15.25.050 Administrative Citations

15.25.080 Enforcement-Public Nuisance

15.25.090 Enforcement-Alternatives

15.25.010 Purpose
The Multi-family Rental Housing Fire Inspection Program is a part of the City of San Bernardino’s overall effort to encourage upkeep of multi-family rental housing units. Owners of these types of structures will be required to maintain these units in accordance with applicable housing, building and property maintenance standards as adopted by the City. Recent fires in the City have resulted in property damage, personal injuries, and loss of life in multi-family rental housing units.

California Health and Safety Code Section 13146.2 (a) requires city fire departments to inspect multifamily rental housing units annually.
(Ord. MC-1176, 7-22-04; Ord. MC-930, 1-11-95).

15.25.020 Definitions
A. "City” means the City of San Bernardino.

B. “Occupant” means any person who occupies a unit, whether as an owner or tenant or permittee of the owner.

C. "Multi-family Rental Housing Unit” or “Unit” means any residential dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land and is occupied or intended to be occupied on a rental basis. For the purpose of this Chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units:
a) Hotels or motels (transient).
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39 [Return to Title 15 Contents]
b) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution.
c) Mobile Home Parks.

D. "Multi-family Rental Housing Complex” means a multi-unit residential structure consisting of four (4) or more units existing on one (1) parcel of land.

E. "Owner” means a single individual or entity that has any kind of ownership interest whether as an individual, partner, joint ventures, stock owner, or some other capacity.

F. “Person” means the individual, partnership, corporation or association or the rental agent of any of the foregoing.

G. "Fire Marshal” means the division head of the San Bernardino City Fire Department Fire Prevention Division or his/her designee.
(Ord. MC-1176, 7-22-04; Ord. MC-1027, 9-09-98; Ord. MC-930, 1-11-95)

15.25.030 Scope
The provisions of this Chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel.
(Ord. MC-1176, 7-22-04; Ord. MC-930, 1-11-95)

15.25.040 Annual Inspection Required
A. Pursuant to California Health and Safety Code Section 13146.2, any multi-family rental housing complex containing four or more units on a single parcel shall be subject to an annual inspection of the interior and exterior by the Fire Marshal for compliance with applicable sections of state and local fire codes relating to housing, building and property maintenance.

B. The Fire Marshal shall mail written notice to the owner(s) of the multi-family rental housing complex at least three weeks before the scheduled annual inspection. The owner(s) of the multifamily rental housing complex shall give written notice to all tenants at least one week before the scheduled annual inspection.

C. The owner(s) of the multi-family rental housing complex shall pay a fee to the City, in an amount set by Resolution of the Common Council, sufficient to pay the costs of the Fire Marshal’s annual inspection pursuant to this Chapter.
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40 D. Any owner(s) of a multi-family rental housing complex who fails to permit the annual inspection by the Fire Marshal pursuant to this Chapter, shall be guilty of an infraction or misdemeanor punishable in accordance with San Bernardino Municipal Code Chapter 1.12.

E. Any owner(s) of a multi-family rental housing complex who fails to pay the fee charged for the costs of the Fire Marshal’s annual inspection pursuant to this Chapter, shall be guilty of an infraction punishable in accordance with San Bernardino Municipal Code Chapter 1.12. (Ord. MC-1176, 7-22-04)

15.25.050 Administrative Citations
Where the Fire Marshal’s annual inspection pursuant to this Chapter identifies a violation(s) of state or local fire codes relating to housing, building, or property maintenance, the Fire Marshal may issue an administrative citation to the property owner(s) in accordance with San Bernardino Municipal Code Chapter 9.92.
(Ord. MC-1176, 7-22-04)

15.25.080 Enforcement-Public Nuisance
It shall be considered a public nuisance to have or maintain any rental property which fails to comply with state and local laws as they relate to fire codes, housing standards, property maintenance, building codes or local zoning requirements. The Fire Marshal shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in the California Fire Code Article 1 and Chapter 8.30 of the San Bernardino Municipal Code.
(Ord. MC-1176, 7-22-04; Ord. MC-930, 1-11-95).

15.25.090 Enforcement-Alternatives
A. Nothing herein shall prevent the enforcement of this Chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies.

B. The enforcement of this Chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this Chapter. (Ord. MC-1176, 7-22-04; Ord. MC-930, 1-11-95).
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Chapter 15.26

SINGLE-FAMILY RENTAL PROPERTY INSPECTION PROGRAM
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Ordinance No. MC-1666
41 Sections:

15.26.010 Purpose

15.26.020 Applicability

15.26.030 (Repealed by Ord. MC-1371, 3-20-12)

15.26.040 Definitions

15.26.050 Compliance With Business Registration Requirements

15.26.060 Biennial Inspection Required

15.26.070 Inspection Fees

15.26.080 Notice of Inspection

15.26.090 Violations

15.26.100 Re-Inspections

15.26.110 Administrative Citations

15.26.120 Appeals

15.26.130 Self-Certification Program

15.26.140 Complaint-Based Inspections

15.26.150 Voluntary Inspection Requests

15.26.160 Enforcement-Public Nuisance

15.26.170 Enforcement-Alternatives

15.26.180 Penalties

15.26.010 Purpose
The Single-Family Rental Property Inspection Program is a part of the City of San Bernardino's overall effort to encourage upkeep of all rental property as defined herein. Owners of any rental property will be required to maintain these units in accordance with all applicable laws.

15.26.020 Applicability
The provisions of this chapter shall apply to all single-family rental property, as that term is defined herein, within the City. This chapter also applies to the premises on which a rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.

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Ordinance No. MC-1666
42 The provisions of this chapter are supplementary and complementary to other provisions of this code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code. [Return to Municipal Code Contents]
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15.26.030 Rebuttable Presumption (Repealed by Ord.MC-1371, 3-20-12)

15.26.040 Definitions
For the purpose of this chapter, unless otherwise apparent from their context, certain words and phrases used in this chapter shall have the meanings hereinafter designated.

The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations.

Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.

A. "Applicable Laws" means the City's Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of City residents or the general public.

B. "City" means the City of San Bernardino.

C. "Director" means the Director of Community Development and Housing of the City of San Bernardino or his/her designee.

D. "Occupant" means any person who occupies a rental property, whether as a tenant or permittee of the owner.

E. "Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a rental property whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee.

If more than one person or an entity owns the subject real property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner.

F. "Single-Family Rental Property," "Rental Property" or "Rental Unit" means a dwelling unit as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing three or less such dwelling units on the same parcel of land, and is occupied or for occupancy by a person(s) other than the owner of the unit and includes the premises on which said rental property is situated and any common areas, including but not limited to parking lots, driveways, landscaping, accessory Packet Page. 262
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43 structures, fences, walls, swimming pools, hot tubs, and spas. For the purpose of this chapter, the following types of dwelling units or facilities are not considered single-family rental housing units:
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a) Multifamily Rental Housing Complexes as defined in Chapter 15.25 of this Code; b) Hotels or motels.
c) Condominiums, as defined in Chapter 19.02 of the San Bernardino Development Code, that are used for residential dwellings. This exception only applies if the condominium has a bona fide Homeowner’s Association ("HOA"). For purposes of this exemption, a HOA is "bona fide" if the HOA has approved and recorded Covenants, Conditions & Restrictions (CC&R's), holds meetings on a regular (at least bi-monthly) basis and/or contracts with a property management company to ensure the maintenance of the common areas.
c) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution.
d) Mobile home parks.
(Ord. MC-1371, 3-20-12)

15.26.050 Compliance with Business Registration Requirements Every property owner subject to this chapter must comply with the business registration requirements of Title 5 of this Code.
(Ord. MC-1371, 3-20-12)

15.26.060 Biennial Inspection Required
All rental property located in the City shall be subject to an annual inspection by the Director for compliance with applicable laws.

15.26.070 Inspection Fees
A. Any fees established by this chapter shall be set by separate resolution of the City Council and may be adjusted from time to time by the City Council to ensure that the fee adequately finances the costs of inspections and enforcement of this chapter.

B. The owner of a rental property shall pay an annual inspection fee to the City sufficient to pay the costs of the Director's annual inspection pursuant to this chapter. [Rev. 2022]
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44 [Return to Municipal Code Contents]
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C. Owners qualified for the Self-Certification Program shall pay the annual inspection fee the first year of participation and thereafter shall not be required to pay the annual inspection fee for the second and third year of participation in the program. If an owner is removed from the SelfCertification Program, he shall become subject to annual inspections and annual inspection fees.

15.26.080 Notice of Inspection
The Director shall mail written notice of the date and time of the inspection to the owner of the rental property at least three weeks before the scheduled annual inspection.

Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by certified mail to the owner's last known address as it appears in the records of the County Assessor's Office.

15.26.090 Violations
A. Whenever the Director determines that a violation of this chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation.

B. Any person who fails to comply with any provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable opportunity to correct such violations(s) shall be deemed to be in violation of this chapter.

C. Any owner of a rental property, who fails to permit the annual inspection by the Director pursuant to this chapter, shall be in violation of this chapter.

D. Any owner of a rental property who fails to pay any applicable fee(s) established to cover the City's costs pursuant to this chapter shall be in violation of this chapter.

15.26.100 Re-Inspections
A. One or more re-inspections will be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected.

B. Violations that were not noted on the initial inspection report but are discovered on the reinspection due to subsequent damage or deterioration shall be subject to correction. [Rev. 2022]
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45 [Return to Title 15 Contents]

15.26.110 Administrative Citations
A. Owners who fail to correct any deficiencies noted during any inspection or reinspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.

B. Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the Municipal Code.

15.26.120 Appeals
A. Any recipient of an administrative citation may contest the citation by the procedures set forth in Section 9.92.080 of this Code.

B. Any party to an administrative citation hearing may appeal an adverse ruling to the Board of Building Commissioners as set forth in Chapter 9.92.180 of this Code.

15.26.130 Self-Certification Program
A. Well-maintained rental property with no outstanding violations of any applicable laws may qualify to participate in the Self-Certification Program. Qualifying properties will not be subject to inspections for a period of three (3) years, provided that conditions of the rental property do not deteriorate during that time to the point where the rental property would no longer meet eligibility standards for the Self-Certification Program.

B. To qualify for the Self-Certification Program, a property owner must:

1. Complete the Self-Certification Program application packet provided by the City; and

2. Pay the annual inspection fee and any other fees required by applicable laws; and

3. Conduct a self-inspection of all exterior and site conditions of all rental property and certify that conditions at the rental property meet the exterior standards listed on the Self-Certification Program's checklist.
[Rev. 2022]
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C. Upon receipt of a request from a property owner to participate in the Self-Certification Program and payment of the appropriate fee(s), the City may inspect the rental property. If the Director determines that the property is qualified to participate in the Self-Certification Program a certificate of compliance will be issued and the property owner will not be required to pay the annual inspection fee for the second and third years. Recertification in the Self-Certification Program and payment of the annual inspection fee shall be required every three (3) years.

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46 D. If the Director determines that the property is not eligible to participate in the Self-Certification Program, then the residential rental property shall be subject to inspection and the property owner shall be assessed the annual inspection fee as well as any other applicable fees.

E. At all times, the City shall retain the authority to investigate and address any violation of applicable laws.

F. Any Owner that fails to maintain a rental property to meet all of the standards listed on the SelfCertification Program's checklist shall immediately be removed from the Self-Certification Program and become subject to annual inspections.

G. If an officer determines that a property qualifies for self-certification upon inspecting the property in accordance with this chapter, the property shall be automatically enrolled in the Self Certification Program.
(Ord. MC-1371, 3-20-12)

15.26.140 Complaint-Based Inspections
Nothing contained in this chapter shall prevent or restrict the City's authority to inspect any rental property in response to a complaint alleging code violations or violations of applicable laws and to pursue all remedies permissible under this Code or applicable laws.

15.26.150 Voluntary Inspection Requests
Nothing contained in this chapter shall be construed to prohibit a property owner or occupant from voluntarily requesting an inspection pursuant to this chapter to determine whether the rental property complies with applicable laws.

15.26.160 Enforcement-Public Nuisance
It shall be considered a public nuisance to have or maintain any rental properties that fail to comply with any applicable laws. The Director shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in Chapter 8.30 of the San Bernardino Municipal Code.
[Rev. 2022]
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15.26.170 Enforcement-Alternatives
Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies. The enforcement of this chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter.

15.26.180 Penalties
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47 A. A violation of this chapter shall be considered a misdemeanor and may be punished as such, however, at the discretion of the City Attorney, the violation of any provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010.

B. Any fees established pursuant to this section which are more than 30 days delinquent shall constitute an assessment against the rental property for the inspection of which the fees were billed.

Such delinquent fees shall be a lien on the rental property. The Director shall notify the property owner of the affected rental property not less than 30 days prior to notifying the county that a lien will be placed on the property and shall state the amount then owed. If full payment is not received within 30 days after said notice, the Director shall take whatever action is required for the amount due to be included in the next property tax bill assessment for the rental property.

In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein.
(Ord. MC-1266, 4-08-08)
[Rev. 2022]
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Chapter 15.27
Crime-Free Rental Housing Program
Sections:

15.27.010 Purpose

15.27.020 Applicability

15.27.030 Definitions

15.27.040 Scope

15.27.050 Mandatory Participation

15.27.060 Landlord Certification

15.27.070 Inspection Fees
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48 15.27.080 Notice of Inspection

15.27.090 Violations

15.27.100 Re- Inspections

15.27.110 Administrative Citations

15.27.120 Appeals

15.27.130 Complaint-Based Inspections

15.27.140 Enforcement-Public Nuisance

15.27.150 Enforcement-Alternatives

15.27.160 Penalties

15.27.170 Severability

15.27.010 Purpose
The Crime-Free Rental Housing Program is a part of the City of San Bernardino's overall effort to reduce crime in multi- family rental properties as defined herein. Owners of any multi-family rental property will be required to maintain these units in accordance with all applicable laws.

15.27.020 Applicability
The provisions of this chapter shall apply to all multi-family rental property, as that term is defined herein, within the City. This chapter also applies to the premises on which a multi-family rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, and walls.

The provisions of this chapter are supplementary and complementary to other provisions of this code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code. [Rev. 2022]
[Return to Municipal Code Contents]
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15.27.030 Definitions
For the purpose of this chapter, unless otherwise apparent from their context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations.

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49 Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.

A. “Applicable Laws" means the City's Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of City residents or the general public, as adopted by the City.

B. “City" means the City of San Bernardino.

C. “Director" means the Director of Community Development and Housing Department of the City of San Bernardino or his/her designee.

D. “Occupant" means any person who occupies a multi-family rental property, whether as a tenant or permittee of the owner.

E. “Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a multi-family rental property whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee. If more than one person or an entity owns the subject real property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner.

F. “Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land and is occupied or intended to be occupied on a rental basis. For the purpose of this Chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units:
a) Hotels or motels
b) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution.
[Rev. 2022]
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c) Mobile Home Parks
G. "Multi- family Rental Housing Complex" means a multi-unit residential structure consisting of four (4) or more units existing on one (1) parcel of land.

15.27.040 Scope
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50 The provisions of this Chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel.

15.27.050 Mandatory Participation
A. All multi-family rental property located in the City shall be subject to an annual inspection by the Director for compliance with the Crime-Free Housing Program standards.

B. All property owners and managers of multi-family rental property shall attend the 8-hour crime free housing course presented by the City within eight (8) months of the passage of this ordinance.

If a new owner or manager takes over the property, the new property owner or manager shall complete the 8-hour crime free housing course presented by the City within six (6) months of said ownership or employment.

C. The property owner shall use a crime free lease addendum on every unit rented.

The lease addendum shall provide for tenant eviction against tenants that allow or conduct certain prohibited activities (gang, drug, or other specified criminal behavior).

D. The property owner shall provide the City with 24-hour contact information for the property.

15.27.060 Landlord Certification
A. Certification as a Crime Free property is optional. In order for the property owner/landlord to be certified as a Crime Free property under this program, the property owner/landlord shall complete the following phases:

1. Phase I
a. Owners and onsite Manager(s), where applicable, shall attend an eight-hour crime-free housing course presented by code compliance, police, and fire within one year of notification of the requirement, unless extended by the Director.
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b. Property owner shall use a written lease including the City of San Bernardino Crime-Free Rental Housing Lease Addendum.
c. Property owner shall check the criminal background of all prospective tenants. d. Property owner shall actively pursue the eviction of tenants who violate the terms of the lease and/or crime- free lease addendum.

2. Phase II
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51 a. Property owner shall complete an annual security assessment and security improvement inspection to certify that the rental property has met the security Property owner shall complete an annual security assessment and security requirements pursuant to the Principles of Crime Prevention through Environmental Design (CPTED) for the tenant's safety. b. Property owner shall have no unresolved City code violations within the past year.

3. Phase III
a. Property owner shall conduct resident training annually for the residents where crime watch and crime prevention techniques are discussed.

B. Certification may be revoked if there are 10 or more calls for service in a one-year period.

15.27.070 Inspection Fees
A. The annual inspection fee shall be set by separate resolution of the City Council and may be adjusted from time to time by the City Council to ensure that the fee adequately finances the costs of inspections and enforcement of this chapter.

B. The owner of a multi-family rental property shall pay an annual inspection fee to the City sufficient to pay the costs of the Director's annual inspection pursuant to this chapter. [Rev. 2022]
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15.27.080 Notice of Inspection
The Director shall mail written notice of the date and time of the inspection to the owner of the multi-family rental property at least three weeks before the scheduled annual inspection. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner's last known address as it appears in the records of the County Assessor's Office.

The notice of inspection for the Crime-Free Rental Housing Program shall be combined with the Multi-Family Rental Housing Program notice to the greatest extent possible for the convenience of the property owner.

15.27.090 Violations
A. Whenever the Director determines that a violation of this chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation( s) so that the property owner has the opportunity to correct said violation.

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52 B. Any person who fails to comply with any provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable opportunity to correct such violations(s) shall be deemed to be in violation of this chapter.

C. Any owner of a multi-family rental property, who fails to permit the annual inspection by the Director pursuant to this chapter, shall be in violation of this chapter.

D. Any owner of a multi- family rental property who fails to pay any applicable fee(s) established to cover the City's costs pursuant to this chapter shall be in violation of this chapter.

15.27.100 Re- Inspections
A. One or more re-inspections may be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected.

B. Violations that were not noted on the initial inspection report but are discovered on the reinspection due to subsequent damage or deterioration shall be subject to correction. [Rev. 2022]
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15.27.110 Administrative Citations
A. Owners who fail to correct any deficiencies noted during any inspection or reinspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.

B. Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the Municipal Code.

15.27.120 Appeals
A. Any recipient of an administrative citation may contest the citation by the procedures set forth in Section 9.92.080 of this Code.

B. Any party to an administrative citation hearing may appeal from an adverse ruling to the Board of Building Commissioners as set forth in Chapter 9. 92. 180 of this Code.

15.27.130 Complaint-Based Inspections
Nothing contained in this chapter shall prevent or restrict the City's authority to inspect any multifamily rental property in response to a complaint alleging code violations or violations of applicable laws and to pursue all remedies permissible under this Code or applicable laws.

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53 15.27.140 Enforcement-Public Nuisance
It shall be considered a public nuisance to have or maintain any multi- family rental properties that fail to comply with any applicable laws. The Director shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in Chapter

8.30 of the San Bernardino Municipal Code.

15.27.150 Enforcement-Alternatives
Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies. The enforcement of this chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter.
[Rev. 2022]
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15.27.160 Penalties
A. A violation of this chapter shall be considered a misdemeanor and maybe punished as such, however, at the discretion of the City Attorney, the violation of any provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which upon conviction thereof is punishable in accordance with the provisions of
Section 1. 12.010.

B. Any fees established pursuant to this section which are more than 30 days delinquent shall constitute an assessment against the rental property for the inspection of which the fees were billed.

Such delinquent fees shall be a lien on the rental property. The Director shall notify the property owner of the affected rental property not less than 30 days prior to notifying the county that a lien will be placed on the property and shall state the amount then owed. If full payment is not received within 30 days after said notice, the Director shall take whatever action is required for the amount due to be included in the next property tax bill assessment for the rental property.

15.27.170 Severability
In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein.
(Ord. MC-1351, 6-06-11)
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54 [Rev. 2022]
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Chapter 15.28

DANGEROUS BUILDINGS
Sections:

15.28.010 Referenced Code

15.28.020 Uniform Code for the Abatement of Dangerous
Buildings - Amended

15.28.030 (Repealed by Ord. MC-880, 6-23-93)

15.28.040 (Repealed by Ord. MC-880, 6-23-93)

15.28.050 (Repealed by Ord. MC-880, 6-23-93)

15.28.060 (Repealed by Ord. MC-880, 6-23-93

15.28.070 (Repealed by Ord. MC-880, 6-23-93)

15.28.080 (Repealed by Ord. MC-880, 6-23-93)

15.28.090 (Repealed by Ord. MC-880, 6-23-93)

15.28.100 (Repealed by Ord. MC-880, 6-23-93)

15.28.110 (Repealed by Ord. MC-880, 6-23-93)

15.28.120 (Repealed by Ord. MC-880, 6-23-93)

15.28.130 (Repealed by Ord. MC-177, 7-07-82)

15.28.140 Securing dangerous buildings from entry

15.28.150 Abatement of nuisance by Building Official

15.28.160 Discontinuance of utilities

15.28.170 Filing of notice of pendency of administrative proceedings

15.28.180 (Repealed by Ord. MC-460, 5-15-85)

15.28.190 Post-disaster Safety Assessment Placards
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55 15.28.010 Referenced Code
The latest edition of the Uniform Code for the Abatement of Dangerous Buildings, as adopted pursuant to section 15.04.020, is incorporated herein, and as hereinafter amended shall govern the identification and abatement of dangerous buildings.
(Ord. MC-880, 6-23-93; Ord. 3481, 3-12-75; Ord. 2291, 3-29-60)

15.28.020 Uniform Code for the Abatement of Dangerous Buildings – Amended Chapters 5, 6, 7, 8, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted.

Procedures for appeals, hearings, enforcement of orders, and abatements shall be in accordance with Chapter 8.30 of the San Bernardino Municipal Code. (Ord. MC-880, 6-23-93; Ord. 3481, 3-12-75; Ord. 2291, 3-29-60) [Rev. 2022]
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15.28.030 (Repealed by Ord.MC-880, 6-23-93

15.28.040 (Repealed by Ord.MC-880, 6-23-93)

15.28.050 (Repealed by Ord.MC-880, 6-23-93)

15.28.060 (Repealed by Ord.MC-880, 6-23-93)

15.28.070 (Repealed by Ord.MC-880, 6-23-93)

15.28.080 (Repealed by Ord.MC-880, 6-23-93)

15.28.090 (Repealed by Ord.MC-880, 6-23-93)

15.28.100 (Repealed by Ord.MC-880, 6-23-93)

15.28.110 (Repealed by Ord.MC-880, 6-23-93)

15.28.120 (Repealed by Ord.MC-880, 6-23-93)

15.28.130 (Repealed by Ord.MC-177, 7-07-82)

15.28.140 Securing dangerous buildings from entry
A. In addition to the procedures provided for abatement of nuisance caused by dangerous and hazardous structures as set forth in this Chapter, the Building Official or his representative is given summary power to secure from entry any structure which in his discretion he determines to be immediately dangerous or hazardous, or in any other manner injurious to public health or safety.

The Building Official may secure such structures using methods at his discretion to accomplish Packet Page. 275
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56 the purpose which is most appropriate under the circumstances. The Building Official shall also post a sign stating in effect "DANGER, DO NOT ENTER" upon the structure in at least one conspicuous place, with the word "DANGER" in letters at least one inch in height.

B. Any person removing such sign without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code.
[Rev. 2022]
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C. The Building Official shall, immediately after such action, mail a notice to the owners of the real property upon which the structure is located. Notice shall be mailed to the address as ascertained from title company records, the latest assessment roll of the County Assessor, or if no address is so shown, to the address of the property as such address may be known by the Building Official.

Such notice shall contain the following information:

1. that he has secured the structure;

2. the cost incurred by the City thereby;

3. that he has posted signs as provided by this section;

4. the reasons why he has taken the action;

5. that an appeal may be made within ten days to the Board of Building Commissioners, to be set for hearing at the next regular meeting;

6. that if his action is not annulled by the Board of Building Commissioners, the cost of securing the property shall become a lien upon the real property unless the cost is paid to the City within thirty days of the mailing of the notice.

D. The notice of appeal to the Board of Building Commissioners must be verified under oath or under penalty of perjury and must state the grounds upon which the action of the Building Official is appealed.

1. The Board of Building Commissioners shall hear any evidence or other relevant matter presented by the Appellant or the Building Official at its next regular meeting after the filing of the Notice of Appeal.

2. After hearing all the evidence or upon the report of the Building Official if no appeal is made, the Board of Building Commissioners may confirm, amend, or annul the action of the Building Official.

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57 (a) If the action of the Building Official is annulled, the City at its own expense shall remove any instruments used to secure the structure and any signs stating that the building is unsafe to enter. [Rev. 2022]
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(b) If the Board of Building Commissioners confirms the action of the Building Official in securing the structure, then the cost incurred by the City in securing the structure shall become a special assessment and lien against the property to be determined and collected in accordance with the procedures set forth in Chapter 3.68.*
(Ord. MC-607, 9-22-87; Ord. MC-228, 12-07-82; Ord. MC-177, 7-07-82; Ord. 3227, 1-04-72; Ord. 2291, 3-29-60)

15.28.150 Abatement of nuisance by Building Official
A. The same procedures provided in Section 15.28.140 for abating nuisances through securing from entry any structure which is determined by the Building Official to be immediately dangerous or hazardous may be used by the Building Official in connection with the summary abatement of all other nuisances upon private property which the Building Official determines in his discretion to constitute an immediately dangerous or hazardous condition in accordance with California Building Code section 116.

B. The Building Official or his representative may summarily abate conditions found to be a nuisance under subsection (A) in his discretion in the most appropriate manner under the circumstances.

1. The manner of abatement may include, but is not limited to, the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing the fire hazards, filling or covering open holes and grading or strengthening landfills or excavations.

2. Although the manner and method used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owners of the property, using only those measures which will eliminate the dangerous and hazardous conditions.

C. The Building Official shall immediately after such abatement action mail notice to the owners as provided in Section 15.28.140. The notice shall include:

1. a description of the action he has taken;

2. the cost thereby incurred by the City, including all administrative costs;

3. the reasons why he has taken the action;
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5. that if this action is not annulled by the Board of Building Commissioners, the cost of abating the nuisance on the property shall become a special assessment and lien on the property unless the cost is paid to the City within thirty days (30 days) of the mailing of the notice.

D. Fees for processing demands for information regarding liens imposed under this chapter shall apply in an amount set by resolution of the Mayor and Common Council.

E. The procedures hereunder for appeal, hearing, and any other actions shall be as provided in Chapter 3.68* for determination and collection of the assessment for costs of abatement. (Ord. MC-1307, 6-02-09; Ord. MC-177, 7-07-82; Ord. 3593, 8-02-76; Ord. 3227, 1-04-72; Ord. 2291, 3-29-60)

15.28.160 Discontinuance of utilities
The Building Official may order the discontinuance or disconnection of utilities for unsafe conditions as allowed by the California Building Code.
(Ord. 3227, 1-04-72; Ord. 2291, 3-29-60)

15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, or has posted a "Danger" sign upon a structure as provided for in Section 15.28.140, or has begun summary abatement of a nuisance as provided for in Section 15.28.150, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, lienholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as a lien for abatement in the same manner as if he had been the owner at the time of commencement of the proceedings and had been properly served at that time.
(Ord. MC-880, 6-23-93; Ord. MC-580, 2-04-87; Ord. 3227, 1-04-72; Ord. 2291, 3-29-60) [Rev. 2022]
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15.28.180 (Repealed by Ord.MC-460, 5-15-85)

15.28.190 Post-disaster Safety Assessment Placards
A. Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. The chapter further authorizes the Community Development and Housing Department, as well as authorized representatives or designees of that department, to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

B. Application of Provisions. The provisions of this section are applicable, following each natural or man-made disaster, to all buildings and structures of all occupancies regulated by the City of San Bernardino. The Mayor and City Council may extend the provisions as necessary.

C. Definitions.

1. Safety Assessment - A visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or man-made disaster.

D. Placards

1. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. (a) INSPECTED - Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
(b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The evaluator who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. [Rev. 2022]
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(c) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the department that posted the building. Safety assessment teams shall be authorized to enter these buildings at any time. This placard will note in general terms the type of damage encountered.

2. Each placard shall include the ordinance number, the name of the department, its address and phone number, and a statement regarding the manner in which an appeal may be filed.

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60 3. Once it has been attached to a building or structure, a placard shall not be removed, altered, or covered until done so by an authorized representative of the department or upon written notification from the department.

4. Any person removing such placard without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code.

E. Notification. The Building Official shall, as soon as practicable but no later than 30 days from the date of posting, mail a notice to the owner of each building posted as Restricted Use or Unsafe.

Such notice shall be mailed to the owner(s) of record of the property as ascertained from the latest assessment roll of the County Assessor. The notice shall include the following information:

1. A statement indicating that the structure has suffered disaster related damage which constitutes a hazard to its occupants, the public, or adjacent property,

2. that the building has been posted with placards in accordance with this section,

3. the restrictions placed on the use or occupancy of the building,

4. a brief description of the damage, (5) that the damage must be repaired and the hazards eliminated prior to re-occupancy, and (6) that an appeal may be filed in accordance with the procedures contained in Chapter 15.28 of this code.

F. Abatements. If a damaged structure becomes a public nuisance due to abandonment or the failure to repair damage which poses a hazard to the occupants, the public, or adjacent property, the building official may initiate abatement proceedings in accordance with Chapters 8.30 and

15.28 of this code.
(Ord. MC-1018, 2-04-98)
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Chapter 15.32
(Repealed by Ord. MC-781, 4-22-91)
Chapter 15.34
(Ord. MC-682, 11-09-89)
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Chapter 15.36

DEMOLITION AND MOVING OF BUILDINGS AND STRUCTURES
Sections:

15.36.010 Permit required - Applications

15.36.020 (Repealed by Ord. MC-460, 5-15-85)

15.36.010 Permit required - Application
Any person, firm, or corporation desiring to demolish, dismantle, or tear down any house, building, or structure within the City or to move the same outside the City limits shall, before proceeding with such work, file an application with the Department of Community and Economic Development for permit to do so. The Superintendent, if he feels that the granting of such permit is not contrary to public health, safety, and welfare, and if he determines that the applicant has fully complied with and satisfied each and every other applicable provision of local and state law, shall issue such permit; provided, however, that as a condition to the issuance of such permit, the applicant shall pay to the Superintendent a fee in a sum in accordance with the schedule set forth in Section 303 of the California Building Code which shall be in addition to any other fee required by law, and shall deposit with him a surety bond in the amount of one thousand dollars to ensure the faithful performance by the applicant of the following conditions under which such permit is granted, namely: that upon the moving, demolition, dismantling or tearing down of such house, building or other structure, the lot, parcel, or site shall be cleared of all debris, brick, rock, cement work, foundations, weeds, brush, dead or uncared for trees and vegetation and be filled and graded in accordance with the provisions of Chapter 15.04 in such a manner that storm waters and other waters will not accumulate thereon so that the premises are left in a clean and safe condition as determined by the Director of Community Development and Housing Department.

Any permit issued under this section shall be further conditioned upon completion of the work of moving or demolition, dismantling, tearing down, filling, grading and cleaning of the site within a period of ninety days from the date of its issuance which period may be extended by the Building Official upon good cause shown for such additional periods as may be reasonably required to carry out the purposes of the permit. The permit shall not be issued or approved unless and until the applicant has furnished satisfactory evidence to the Superintendent that he has fully complied with the provisions of Section 119(a) of the Uniform Plumbing Code or other law pertaining to the plugging or capping of abandoned sewer outlets;
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62 2. that he has obtained a permit for such plugging and capping in accordance with Section 1.8 of the Uniform Plumbing Code or other law;

3. that he has completed the plugging and capping thereof in an approved manner as evidenced by a final inspection; and

4. that he has cleaned and filled any abandoned cesspool and has filled and graded the property as required herein.
(Ord. MC-1027, 9-09-98; Ord. 3628, 2-24-77; Ord. 2784, 11-29-66; Ord. 2014, 1-19-54)

15.36.020 (Repealed by Ord.MC-460, 5-15-85)
Chapter 15.37

HISTORIC BUILDING DEMOLITION ORDINANCE
Sections:

15.37.010 Findings and purpose

15.37.020 Definitions

15.37.030 Demolition Prohibited

15.37.040 Dangerous Buildings Exempted Under Exigent
Circumstances

15.37.045 Evaluation Thresholds and Review Requirements

15.37.050 Historic Resource Evaluation Report

15.37.055 Criteria for Determination of Historical Significance

15.37.060 Review Process

15.37.070 Appeals

15.37.080 Penalty

15.37.085 (Deleted by Ord. Mc-1482, 4-18-18)

15.37.090 Fees

15.37.010 Findings and purpose
The Mayor and City Council find and declare:

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63 A. The City of San Bernardino General Plan, adopted on November 1, 2005 includes a Historical and Archaeological Resources Element which provides a basis for historic preservation in the City of San Bernardino.
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B. This ordinance is adopted to establish a procedure for consideration of demolition requests for historic buildings and structures as defined herein.
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)

15.37.020 Definitions
For the purpose of carrying out the intent of this Chapter, the words, phrases and terms set forth herein shall be deemed to have the meaning ascribed to them in this Chapter.

A. Building - Any structure having a roof and walls built and maintained to shelter human activity or property.

B. Demolition - To destroy any building or structure so that it is no longer standing or functional.

C. Report - Historic Resource Evaluation Report, a report that evaluates the historical significance of a resource based upon established criteria.

D. Resource - A building or structure as defined in this Chapter.

E. Structure -

1. Any structure having a roof and walls built and maintained to shelter human activity or property; or,

2. Work made up of independent and interrelated parts that performs a primary function unrelated to human shelter.

F. Survey - Historic Resources Reconnaissance survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions), a Citywide survey of buildings and structures constructed prior to December 31, 1941 which provides baseline information regarding the types and locations of resources, approximate construction dates, representative architectural styles, construction materials, and contextual historical themes.

G. The Arts and Historical Preservation Commission - A commission formed by Resolution of the Mayor and City Council whose members are appointed by the Mayor and City Council. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)
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15.37.030 Demolition Prohibited
No building or structure fifty (50) years old or older shall be demolished unless a valid Demolition Permit has been issued in accordance with this Chapter. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)

15.37.040 Dangerous Buildings Exempted Under Exigent Circumstances The demolition of any building or structure fifty (50) years old or older shall be exempt from the provisions of this Chapter if a determination has been made, supported by findings of fact, by the Hearing Officer or the Building Official pursuant to Chapter 15.28 of the Municipal Code declaring that the building or structure is a dangerous building and constitutes an imminent threat to the health and safety of the public. In lieu of immediate demolition of a structure posing an imminent hazard, feasible mitigation measures should be employed where practicable in order to preserve the structure and site until the historical review process is completed. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)

15.37.045 Evaluation Thresholds and Review Requirements Buildings and structures fifty (50) years old or older proposed for demolition shall be evaluated to determine historical significance. The level of review required shall be determined in accordance with the following thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and attachments, April 30, 1991 and all subsequent revisions):

A. A Historic Resource Evaluation Report (Report) shall be required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form (Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified as being potentially eligible for Historic District designation and listed as a contributing resource (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 1. through 4).

B. A Historic Resource Evaluation Report may be required for any resource listed on the Tabular List and located within the boundaries of an area identified in the Survey as being potentially eligible for Historic Overlay Zone designation (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 5 through 13) Using the criteria established in Section 15.37.055 of this Chapter, the Community Development Director shall evaluate demolition proposals for these resources to determine the requirement for a Report.
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C. Demolition Permit Applications for buildings and structures which are listed only on the Tabular List or not included in the Survey shall not require a Report unless the Community Development Director determines that a Report is required based upon new historical or cultural information not contained in the Survey. When required, Historic Resource Evaluation Reports shall be prepared in accordance with Section 15.37.050 of this Chapter. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)

15.37.050 Historic Resource Evaluation Report
A Historic Resource Evaluation Report required as a submittal for a Demolition Permit Application shall contain the following elements:

A. Purpose and Scope
B. Methods of Evaluation: Field and Archival
C. Location and Setting
D. Architectural Description of the Resource
E. Historical Background
F. Discussion of Eligibility for NR listing
G. Statement of Significance
H. Conclusions
I. Recommendations (may include proposed mitigation)
J. Archival Documentation (Appendices)
The Statement of Significance element (Item G. above) shall be made using the criteria listed in Section 15.37.055 of this Chapter and shall include a discussion of the related historical contextual themes. The archival documentation (Item J. above) of the resource shall include a completed DPR 523 Form and archival quality photo documentation. This information shall be included as an appendix to the Report.

Preparation and submittal of the Report shall be the responsibility of the applicant. All Reports shall be prepared by consultants who meet the professional qualification standards for the field of Historic Preservation as described in the Federal Register. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-1027, 9-09-98; Ord. MC-850, 9-09- 92; Ord. MC-694, 12-18-89)
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15.37.055 Criteria for Determination of Historical Significance

1. The building or structure has character, interest or value as a part of the heritage of the City of San Bernardino; or,

2. The location of the building or structure is the site of a significant historic event; or,

3. The building or structure is identified with a person(s) or group(s) who significantly contributed to the culture and development of the City of San Bernardino; or,

4. The building or structure exemplifies a particular architectural style or way of life important to the City; or,

5. The building or structure exemplifies the best remaining architectural type in a neighborhood; or,

6. The building or structure is identified as the work of a person whose work has influenced the heritage of the City, the State or the United States; or,

7. The building or structure reflects outstanding attention to architectural design, detail materials or craftsmanship; or,

8. The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district; or,

9. The unique location or singular physical characteristics of the building or structure represents an established and familiar feature of a neighborhood; or,

10. The building, structure or site has the potential to yield historical or archaeological information. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)

5.37.060 Review Process

1. Director Review - The Director of Community Development and Housing Department shall determine whether to issue a Demolition Permit for an Application which does not require a Report in accordance with Evaluation Thresholds B. and C. and the requirements specified in Section

15.37.045 of this Chapter.

2. The Development and Environmental Review Committee (DERC) Review -An Initial Study (pursuant to the California Environmental Quality Act) shall be prepared for a Demolition Permit Application when a Historical Resource Evaluation Report is required in accordance with Section

15.37.045, Subsections A. - C. of this Chapter.

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The Report may be included as an attachment to the Initial Study or referenced in the Initial Study.

The Initial Study shall be reviewed by the DERC for an environmental determination in compliance with the provisions of the California Environmental Quality Act, and applicable City requirements. Following the DERC review, the application and the environmental determination shall be reviewed by the Arts and Historical Preservation Commission.

3. Arts and Historical Preservation Commission Review - The Arts and Historical Preservation Commission shall receive notification of Demolition Permit Applications for which a Historic Resource Evaluation Report is prepared for their review and make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications.

4. Planning Commission Review - A Demolition Permit Application for which a Historic Resource Evaluation Report and Initial Study are prepared shall be scheduled for review by the Planning Commission within forty-five (45) days of the DERC's environmental determination. The Planning Commission shall review Demolition Permit Applications to determine the historical significance of the resource based upon the criteria set forth in Section 15.37.055 of this Chapter. The Planning Commission may also consider the National Register criteria for evaluation.

Based upon the information provided, the Planning Commission shall take action on the environmental determination and approve or deny the issuance of the Demolition Permit. The Planning Commission's review must be completed within 30 days of the first public hearing before the Planning Commission or the Application shall be forwarded to the Mayor and City Council.

When a Demolition Permit Application is denied because of a determination of historical significance, the Planning Commission shall forward that recommendation to the Mayor and City Council.

If the Planning Commission approves the Demolition Permit Application, the Demolition Permit shall be issued in accordance with the Planning Commission action and following compliance with the provisions of this Chapter and all other City requirements.

5. Effective Date of Permit - Demolition Permits shall become effective 16 days following the final date of action (i.e., approval) by the Director or the Planning Commission unless an appeal has been filed pursuant to Section 15.37.070, which shall stay the issuance of the Demolition Permit until after the Appeal is decided.
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09;
Ord. MC-850, 9-09-92; Ord. MC-694, 12-18-89)
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15.37.070 Appeals
Any person may appeal the decisions of the Director of Community Development and Housing Department pursuant to this Chapter to the Planning Commission. Decisions of the Planning Commission pursuant to this Chapter may be appealed to the Mayor and City Council.

An appeal must be submitted in writing with the required appeal fee (if applicable) to the Community and Economic Development Department within fifteen (15) days following the final date of the action for which an appeal is made. The written appeal shall include the reason(s) why the Historic Resource Evaluation Report should or should not be required; or why the Demolition Permit Application should be granted, denied or exempt from the provisions of this ordinance. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-1027, 9-09-98; Ord. MC-850, 9-09- 92; Ord. MC-694, 12-18-89)

15.37.080 Penalty
Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Sections 1.12.010 and

1.12.020 of this Code in addition to any other civil or administrative remedies. (Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)

15.37.085 (Deleted by Ord. MC-1482, 4-18-18)

15.37.090 Fees
Upon submittal of a Demolition Permit Application to the Community Development and Housing Department, the applicant shall pay all applicable Planning Division fees in the amounts as adopted by resolution of the Mayor and City Council for an Initial Study and for the Planning Commission review. The applicant shall pay all required Building Inspection Division fees in the amounts as adopted by resolution of the Mayor and City Council prior to issuance of a Demolition Permit.

The applicant shall also pay all fees required by other governmental agencies prior to issuance of a Demolition Permit.
(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)
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69 (c) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the department that posted the building. Safety assessment teams shall be authorized to enter these buildings at any time. This placard will note in general terms the type of damage encountered.

2. Each placard shall include the ordinance number, the name of the department, its address and phone number, and a statement regarding the manner in which an appeal may be filed.

3. Once it has been attached to a building or structure, a placard shall not be removed, altered, or covered until done so by an authorized representative of the department or upon written notification from the department.

4. Any person removing such placard without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code.

E. Notification. The Building Official shall, as soon as practicable but no later than 30 days from the date of posting, mail a notice to the owner of each building posted as Restricted Use or Unsafe.

Such notice shall be mailed to the owner(s) of record of the property as ascertained from the latest assessment roll of the County Assessor. The notice shall include the following information:

1. A statement indicating that the structure has suffered disaster related damage which constitutes a hazard to its occupants, the public, or adjacent property,

2. That the building has been posted with placards in accordance with this section,

3. The restrictions placed on the use or occupancy of the building,

4. a brief description of the damage, (5) that the damage must be repaired and the hazards eliminated prior to re-occupancy, and (6) that an appeal may be filed in accordance with the procedures contained in Chapter 15.28 of this code.

F. Abatements. If a damaged structure becomes a public nuisance due to abandonment or the failure to repair damage which poses a hazard to the occupants, the public, or adjacent property, the building official may initiate abatement proceedings in accordance with Chapters 8.30 and

15.28 of this code.
(Ord. MC-1018, 2-04-98)
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(Ord. MC-1482, 4-18-18; Ord. MC-1306, 6-02-09; Ord. MC-850, 9-09-92; Ord. MC-694, 12-18- 89)
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Chapter 15.38
(Repealed by Ord. MC-880, 6-23-93)
Chapter 15.40
(Repealed by Ord. MC-880, 6-23-93)
Chapter 15.44
(Repealed by Ord. MC-880, 6-23-93)
Chapter 15.48

SWIMMING POOLS
Sections:

15.48.010 Public policy

15.48.020 Person defined

15.48.030 Fence required

15.48.040 Gates and doors - Specifications

15.48.050 Distance between inside of pool and rear lot line

15.48.060 Distance between pool fence and nonconforming fence

15.48.070 Soils engineering reports

15.48.080 Exemptions

15.48.090 Modifications and variances

15.48.100 Existing pools

15.48.110 (Repealed by Ord. MC-460, 5-15-85)

15.48.010 Public policy
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71 It is found, declared, and determined that private swimming pools shall be fenced as a precautionary measure to prevent severe hazard to the health, safety, and welfare of the inhabitants of the City, particularly children.
(Ord. 2431, 4-02-62)

15.48.020 Person defined
For the purpose of this Chapter, "person" shall include, but not be limited to, any individual, firm, association, partnership, trust, corporation, political subdivision within the City, or other form of organization whether operating for profit or otherwise. (Ord. 2431, 4-02-62)
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15.48.030 Fence required
Each person in possession of land within the City, as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-doors body of water or structure designed, constructed or used, or capable of being used, for swimming or bathing, having a depth in excess of eighteen inches, shall maintain on the premises, completely surrounding the pool or body of water, a fence or wall not less than four feet in height. There shall be no openings, holes, or gaps in the fence or wall larger than four inches square, except that if a picket fence or other fence constructed of vertical members is maintained, the open space between the pickets or vertical members shall not exceed four inches horizontally and shall be not less than thirty-six inches vertically. This fence must be non-climbable with openings, holes, or gaps not to be constructed or maintained in a horizontal series constituting steps or other means of access. A dwelling house or accessory building may be used as part of the required fence or wall. (Ord. 3971, 9-24-80; Ord. 3031, 12-09-69; Ord. 2431, 4-02-62)

15.48.040 Gates and doors - Specifications
All gates or doors opening through the required enclosure shall be not less than four feet high.

Gates or doors shall be equipped with a self-closing and self-latching device located within three inches of the required height of fence or wall. Closing and latching devices shall be designed to be self-closing and capable of keeping the door or gate securely closed at all times when not in actual use. These requirements are to include pedestrian doors with direct access to the rear yard from the garage. No gate or door across a driveway providing access to any required parking area may open into the area between a fence or wall and the pool or body of water. (Ord. 3971, 9-24-80; Ord. 2431, 4-02-62)

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72 Any swimming pool constructed after the effective date of the ordinance codified in this Chapter shall be constructed so that there shall be at least five feet between the inside or poolside face of the swimming pool and side or rear lot line. No mechanical equipment shall be placed nearer than five feet to any side or rear lot line.
(Ord. 3031, 12-09-69; Ord. 2431, 4-02-62)

15.48.070 Soils engineering reports
A. Prior to issuance of a swimming pool permit, the building official may require that the swimming pool plans be reviewed by an approved soils engineer. All reports shall be subject to approval by the building official, and supplemental reports and data may be required as he may deem necessary. Recommendations included in the report and approved by the building official shall be incorporated in the swimming pool plans by the permittee.

B. Swimming pools constructed of materials that are subject to failure by deterioration, tears or rips shall not be so located so that a failure would possibly endanger any private property or result in the deposition of debris on any public way.
(Ord. 3031, 12-09-69; Ord. 2431, 4-02-62)

15.48.080 Exemptions
All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of the fencing requirements.
(Ord. 3474, 1-22-75; Ord. 2431, 4-02-62)
(Ord. MC-1027, 9-09-98; Ord. 2431, 4-02-62)

15.48.100 Existing pools
Swimming pools in existence on the effective date of the ordinance codified in this Chapter shall be fenced in accordance with the requirements of this Chapter on or before July 1,1962. (Ord. 2431, 4-02-62)

15.48.110 (Repealed by Ord.MC-460, 5-15-85)
Chapter 15.52
(Repealed by Ord. MC-781, 4-22-91)
(Repealed by Ord. MC-1379, 10-15-12)
Chapter 15.56
(Repealed by Ord. MC-781, 4-22-91)
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73 1. Enforcement of Title 25 provisions within Mobile Home Parks will be administered by the State of California Department of Housing and Community Development. This would encompass the alteration or installation of any factory constructed structure.

2. Municipal code enforcement within Mobile Home Parks may be administered by the City’s Municipal Code Enforcement Division. This would include any freestanding structures or unsafe, insanitary condition at the park itself.
3 For statutory provisions on mobile homes, see Health and Safety Code §18000 seq. [Rev. 2022]
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Chapter 15.57
Cultural Development Construction Tax
Sections:

15.57.010 Purpose

15.57.020 Definitions

15.57.030 Cultural Development Construction Tax imposed

15.57.040 Time of payment

15.57.050 Tax- Place of payment

15.57.060 Disposition of cultural development construction taxes

15.57.070 Severability

15.57.010 Purpose
The purpose of this Chapter is to provide for the payment of a tax applicable to new construction or reconstruction of commercial structures to provide funds for the promotion of fine art culture and other cultural enhancements as the Mayor and City Council may direct. Enhancement of cultural development is deemed to be a public benefit to all citizens of the community. (Ord. MC-1451, 12-20-17; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)

15.57.020 Definitions
For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows:

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74 A. "Commercial structure" shall mean any building or structure all or part of which contains a commercial or industrial use permitted by this Code; provided, however, "Commercial Structure" shall not include any building or structure constructed or reconstructed for the elderly and handicapped pursuant to Title 15 of this Code, or pursuant to Title 25 or 26 of the California Code of Regulations.

B. "Construction cost" shall mean the total value of all construction or reconstruction work on a commercial structure as determined by the Director of Community Development pursuant to Section 15.04.080 of this Code in issuing a building permit for such construction or reconstruction.

C. "New Construction" shall mean all new commercial construction. [Rev. 2022]
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D. "Reconstruction" shall mean additions, alterations, repairs or remodels made to an existing commercial structure. Reconstruction is required to conform to the requirements for new buildings pursuant to the California Building Code and Title 15 of this Code. Reconstruction necessitated by natural disaster or accidental damage shall not be subject to this Chapter provided, however, that damage in the normal course of business shall be included. (Ord. MC-1451, 12-20-17; Ord. MC-1027, 9-09-98; Ord. MC-768, 3-12-91; Ord. MC-650, 1-19- 89; Ord. MC-542, 9-11-86)

15.57.030 Cultural Development Construction Tax imposed A. A cultural development construction tax is imposed on the privilege of New Construction or Reconstruction as defined in Section 15.57.020 Subsections C and D. Such a tax shall be equal to one-half (1/2) of one (1) percent of the Construction Cost.

B. Notwithstanding the foregoing provisions, the tax shall not be imposed and charged for any permit for which an application together with two sets of complete plans and specifications as required by Sections 301 and 302 of the California Building Code are filed and approved with the City prior to September 8, 1986, provided that the applicant has paid all plan check fees prior to that date.

C. No cultural development construction tax shall be charged for the first Reconstruction of any Commercial Structure up to its previously existing square footage, if the previously existing Commercial Structure was voluntarily demolished by the property owner after Code Enforcement has issued a Notice of Violation/Abatement.
(Ord. MC-1451, 12-20-17; Ord. MC-1175, 7-22-04; Ord. MC-768, 3-12-91; Ord. MC-650, 1-19- 89; Ord. MC-542, 9-11-86)

15.57.040 Time of payment
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75 The cultural development construction tax required in Section 15.57.030 to be paid shall be due and payable upon issuance by the City of a building permit for the New Construction or Reconstruction of any Commercial Structure; provided, however, that there shall be a refund of such tax in the event that the building permit expires, within the meaning of Section 302 (d) of the latest edition of the California Building Code adopted in the City, within thirty days after the date of such expiration, upon written application for such refund by the person who paid such tax setting forth in full the facts showing that such permit has expired. The full amount due under this Chapter shall constitute a debt to the City. An action for the collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause. (Ord. MC-1451, 12-20-17; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)

15.57.050 Tax- Place of payment
The tax shall be paid to the Building Official of the City or his/her authorized agent in the Community Development and Housing Department of the City. (Ord. MC-1451, 12-20-17; Ord. MC-1027, 9-09-98; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11- 86)

15.57.060 Disposition of cultural development construction taxes The funds derived from this tax shall be placed in the General Fund with identification as to the source, so that the Mayor and City Council may consider appropriate expenditures in its annual budget for allocation to cultural development activities in the City or such other uses as the Mayor and City Council may direct. The use of the funds shall be reviewed annually by the Mayor and City Council.
(Ord. MC-1451, 12-20-17; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86)

15.57.070 Severability
If any section, subsection, sentence, clause, phrase, or portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the Chapter.
(Ord. MC-1451, 12-20-17; Ord. MC-650, 1-19-89; Ord. MC-542, 9-11-86) Chapter 15.60
(Repealed by Ord. MC-880, 6-23-93)
Chapter 15.64
(Repealed by Ord. MC-84, 7-21-81)
[Rev. 2022]
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Chapter 15.68

WASHERS, DRYERS, EXTRACTORS, AND COMPRESSORS
Sections:

15.68.010 Purpose

15.68.020 Permit for installation - Fee

15.68.030 Operation prohibited when excessive ground
vibration occurs

15.68.040 Distance of commercial laundry compressor
from other buildings

15.68.050 Requirements in addition to building code and other laws

15.68.060 (Repealed by Ord. MC-460, 5-15-85)

15.68.010 Purpose
The purpose of this Chapter is to regulate the installation, operation and maintenance of equipment or machinery, including but not limited to washers, dryers, extractors and washer extractors of fifty-five-pound capacity or larger, and compressors.
(Ord. 3064, 4-07-70)

15.68.020 Permit for installation - Fee
A. No person, firm or corporation shall install any equipment or machinery without first obtaining a permit from the Community Development and Housing Department. The fee for such a permit shall be ten dollars. Such fee shall be in addition to and supplemental to any other fee charged for the installation of such equipment or machinery.

B. A design drawing and calculations shall be submitted with the application for a permit showing all information pertaining to the equipment or machinery which is necessary for a determination of foundation requirements in order that it may operate efficiently, safely, and with a minimum of vibration. A requirement of installation based on the design shall be that the ground vibration inherently and recurrently generated does not cause a displacement of the earth greater than .033 of one inch as measured at any point radially in any plane from the foundation, as determined by the City Engineer.
(Ord. MC-1027, 9-09-98; Ord. 3064, 4-07-70)
[Rev. 2022]
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15.68.030 Operation prohibited when excessive ground vibration occurs A. No person shall operate any of the above equipment or machinery which due to faulty installation, maintenance or operation causes a ground vibration in excess of that described in Section 15.68.020. If in the opinion of the City Engineer equipment or machinery presently in operation does cause such excessive vibration, the Superintendent of the Development Services Department may require the operator to submit all the information required for an original installation of such equipment or machinery.

B. If such information shows to the satisfaction of the City Engineer that the existing installation of such equipment or machinery does not meet the required standards, changes and modifications of installation shall be required to obtain compliance with the standards before the operation of the equipment or machinery may be continued.
(Ord. MC-1027, 9-09-98; Ord. 3064, 4-07-70)

15.68.040 Distance of commercial laundry compressor from other buildings Any commercial laundry compressor maintained outside of the commercial building on the premises shall be at least seventy-five feet from any other building occupied as a residential dwelling unless provision is made to completely enclose the compressor in accordance with the minimum standards set forth in a drawing marked "commercial laundry compressor" on file in the Department of Development Services, City Hall, San Bernardino, California. (Ord. MC-1027, 9-09-98; Ord. 3064, 4-07-70)

15.68.050 Requirements in addition to building code and other laws The requirements of this Chapter are in addition and supplemental to any other requirements set forth in the California Building Code or other laws.
(Ord. 3064, 4-07-70)

15.68.060 (Repealed by Ord.MC-460, 5-15-85)
Chapter 15.72
(Repealed by Ord. MC-781, 4-22-91)
[Rev. 2022]
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78 Chapter 15.73

VERDEMONT AREA - INFRASTRUCTURE FEE
Sections:

15.73.010 Findings and determination

15.73.020 Rules of construction

15.73.030 Definitions

15.73.040 Persons subject to Infrastructure Fee

15.73.050 Infrastructure Fee

15.73.060 Time of payment

15.73.065 Deferral

15.73.070 Establishment of Infrastructure Fee Fund

15.73.080 Use of funds

15.73.090 Refunds

15.73.100 Penalties

15.73.110 Severability

15.73.120 Other fees

15.73.010 Findings and determination
The Mayor and City Council hereby find and determine as follows:

A. The City of San Bernardino (the "City") must provide for the acquisition, construction and installation of certain right-of-way and related infrastructure improvements (as hereinafter defined and as hereinafter referred to as the "Right-of-Way Improvements") and certain other public improvements (as hereinafter described and as hereinafter referred to as the "Public Improvements") within the Verdemont Area of the City in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service and in order to ensure that the infrastructure system is in conformity with the requirements of the City's General Plan.

B. It is in the interests of the present landowners within the Verdemont Area and the residents, both within the Verdemont Area and within the City generally, that the City causes the acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements within the Verdemont Area;
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79 C. The imposition of infrastructure development fees (the "Infrastructure Fees") is one of the preferred methods of ensuring that development in the Verdemont Area bares a proportionate share of the cost of capital facilities necessary to accommodate such development in order to effectively provide the quality and extent of infrastructure required within the Verdemont Area; [Rev. 2022]
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D. Development within the Verdemont Area will (i) generate increased traffic volumes necessitating the acquisition, construction and installation of the Right-of-Way Improvements and (ii) create a need for the acquisition, construction and installation of the Public Improvements; E. Revenues generated from the levy of the Infrastructure Fees will be used to facilitate the acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements which in turn will allow for the future development of property within the Verdemont Area by providing additional traffic flow capacity and other public improvements; F. The Infrastructure Fees established by Section 15.73.050 of this Chapter shall be calculated pursuant to a resolution duly adopted by the Mayor and City Council simultaneously herewith (the "Resolution"). The Infrastructure Fees established by this Ordinance and as calculated pursuant to the Resolution are derived from, and based upon, and do not exceed the costs of undertaking the acquisition, construction and installation of the Right-of-Way Improvements; G. It is anticipated that certain excess revenues may be generated through the levy of the Infrastructure Fees for the acquisition, construction and installation of the Right-of-Way Improvements, and to the extent such revenues are generated, such revenues as are in excess of the amount required for the acquisition, construction and installation of the Right-of-Way Improvements shall be used for the purposes of funding the acquisition, construction and installation of the Public Improvements as defined in Section 15.73.030(e); provided, however, that if such excess revenues are not generated, then the Infrastructure Fees established by Section

15.73.050 of this Chapter and calculated pursuant to the Resolution will be increased in accordance with the terms of the Resolution or any subsequent resolution adopted by the Mayor and the City Council of the City in order to cause the funding of the acquisition, construction and installation of the Public Improvements;
H. That certain engineers report entitled "Engineers Report - Right-of-Way Improvements - Verdemont Area" (the "Engineers Report") sets forth the scope and extent of the Right-of-Way Improvements and the Public Improvements required in the Verdemont Area and sets forth a reasonable methodology and analysis for the determination of the impact of development on the need for, and costs of, acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements in the Verdemont Area;
I. This Chapter shall apply only to that area of the City known as the Verdemont Area and is intended to assist in the continued development of the Verdemont Area; [Rev. 2022]
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J. The purpose of this Chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide Right-of-Way Improvements and Public Improvements within or for the benefit of the Verdemont Area; and
K. The City has the authority to enact this Chapter pursuant to Section 66000, et seq., of the California Government Code and Sections 40 (z) and 40 (aa) of the Charter of the City of San Bernardino.
(Ord. MC-707, 3-19-90)

15.73.020 Rules of Construction
A. The provisions of this Chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

B. For the purposes of administration and enforcement of this Chapter, unless otherwise stated in this Chapter, the following rules of construction shall apply to the text of this Chapter:

1. In the case of any difference of meaning or implication between the text of this Chapter and any caption, illustration or summary table, the text shall control.

2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

3. Words used in the present tense shall include the future tense; and words used in the singular number shall include the plural, and the plural the singular unless the context clearly indicates to the contrary.

4. The word "person" includes an individual, a corporation, a partnership, an unincorporated association, or any other similar entity.

5. The word "includes" shall not limit the term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. MC-707, 3-19-90)

15.73.030 Definitions
A. "Verdemont Area" is defined as that area of the City of San Bernardino delineated by the Verdemont Area Plan adopted by the Mayor and City Council on November 17, 1986, excepting therefrom that area southwesterly of Kendall Drive, from the southerly boundary of the Verdemont Area Plan to Palm Avenue and portions north of Kendall Drive and southeasterly of Pine as shown in the Engineer' s Report, and southwesterly of Route I-215 Freeway, from Palm Avenue to the northerly boundary of the Verdemont Area Plan and as more fully described in the Engineer's Report.

B. "Development" shall mean every project for which either (i) a building permit is required, except that it shall not include those projects increasing either the size or value of a single-family Packet Page. 300
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81 residence by twenty-five percent (25%) or less, or (ii) a permit is required in connection with the installation of a mobile home.

C. A "Fee Payer" shall mean a person commencing a land development activity which generates traffic, necessitates the construction of additional publicly owned facilities or improvements and which requires the issuance of a building permit or a permit for the installation of a mobile home.

D. "Right-of-Way Improvements" shall mean the acquisition, construction and installation of full width streets including, full-width paving, curbs and gutters, sidewalks, streetlights, sewer mains, storm drains, catch basins and water mains in the following locations and all as more fully described in the Engineer's Report.

Portions of Palm Avenue between Kendall Drive and Verdemont Avenue which portions are immediately adjacent to undeveloped projects
Walnut Avenue
Irvington to Belmont
Belmont to Ohio (portions)
Olive Avenue
Verdemont Avenue to Ohio
Ohio to Belmont (portions)
Belmont to Irvington
Magnolia Avenue
Verdemont Avenue to Little League Drive
Little League Drive
Irvington to Verdemont
Meyers Road
Little League Drive to New Section
New Section to Cable Canyon
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Irvington
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82 Pine to Olive (portions)
Olive to Magnolia
Belmont Avenue
Pine to Olive (limited portions)
Olive to Palm (portions)
Palm to just past Little League Drive
Ohio Avenue
Pine to Palm (portions)
Palm to west of Little League Drive
Verdemont Avenue
Little League Drive to
Palm Avenue
Palm to Pine (portions)
Frontage Road
Palm to City Limits (Devore)
Cable Canyon Road
Meyers Road to Frontage Road (new roadway)
E. "Public Improvements" shall mean the acquisition, construction and installation of drainage facilities, park facilities, fire station facilities and landscaping, all as more fully described in the Engineer's Report.

F. "Engineer's Report" shall mean that certain Engineer's Report prepared for the Verdemont Area dated January 3, 1990.

G. "Equivalent Dwelling Unit" shall refer to a numerical value designation for residentially zoned property whereby one (1) Equivalent Dwelling Unit is equivalent to a residential unit whether such residential unit be a single family attached or detached unit, or multi-family unit within a multifamily structure, or a mobile home. For land uses other than residential uses, the Equivalent Dwelling Unit shall equal the density of residential units that could be built per acre as determined by the zoning of the immediately adjacent or, if not immediately adjacent, the most proximate residentially zoned property.
(Ord. MC-707, 3-19-90)
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15.73.040 Persons Subject to Infrastructure Fee
Any person who seeks to develop land within the Verdemont Area by applying for a building permit, an extension of a building permit, a permit for a mobile home installation, or an extension of a permit for mobile home installation to make improvements to land which will generate additional traffic or increase the need for public facilities is hereby required to pay an Infrastructure Fee in the manner set forth in this Chapter.
(Ord. MC-707, 3-19-90)

15.73.050 Infrastructure fee
The Infrastructure Fee for any given parcel of property shall be determined by ascertaining the land use category of the parcel and multiplying the amount of the Infrastructure Fee by the number of Equivalent Dwelling Units allocated to such land use category. The initial amount of the Infrastructure Fee shall be set by the Resolution, and may be subject to increase pursuant to the terms of any subsequent resolutions to be adopted by the Mayor and City Council, which resolutions shall provide for increases to the Infrastructure Fee in order to cover any administrative and carrying costs incurred in connection with the issuance of bonds required in order to finance the acquisition, construction and installation of all or any portion of the Right-of-Way Improvements and/or the Public Improvements.

It is anticipated that there may be certain excess revenues generated in connection with the levy of the Infrastructure Fee in the initial dollar amounts and to the extent any such excess revenues do exist, said excess revenues will be applied to fund the costs of the acquisition, construction and installation of the Public Improvements. To the extent said excess revenues do not exist, the Infrastructure Fee in the dollar amount as initially established, may be subject to additional increases by subsequent resolutions of the Mayor and Common Council in order to cause the funding of the acquisition, construction and installation of the Public Improvements.

The above-referenced subsequent resolutions and the dollar amount of the Infrastructure Fee initially established pursuant to this Chapter and the Resolution shall be reviewed and amended at least annually, or more often as may be necessary under the circumstances to reflect any increases in costs.

A. For applications for an extension of a building permit or an extension of a permit for mobile home installation, the amount of the fee is the difference between the fee then applicable and any amounts previously paid in connection with the application for the initial permit. [Rev. 2022]
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B. In the case of change of use, rehabilitation, expansion or modification of an existing use which requires the issuance of a building permit or permit for mobile home installation, the Infrastructure Fee shall be based upon the net positive increase in the demands placed upon the Right-of-Way Improvements and the Public Improvements by the new or expanded use compared to the previous use or level of use.
(Ord. MC-707, 3-19-90)

15.73.060 Time of Payment
A. Except as may otherwise be provided in subsection (b) hereof, each applicant for a commercial or industrial building permit shall pay to the City the then applicable Infrastructure Fee, as initially established pursuant to this Chapter and adjusted pursuant to any subsequent resolutions of the City as more fully described in Section 15.73.050 hereof, upon the submission to the City of an application for a commercial or industrial building permit, which application is complete, and in a form acceptable to the City. Each applicant for a residential building permit who submits an application, which application is complete, and in the form acceptable to the City, shall pay to the City the then applicable Infrastructure Fee, as initially established pursuant to this Chapter and adjusted pursuant to any subsequent resolutions of the City as more fully described in Section

15.73.050 hereof, for all residential units subject to a building permit upon the earlier of the following dates:
(i) upon the date of final inspection of the first dwelling unit completed in the residential development to which the building permit is applicable, or (ii) upon the date a certificate of occupancy is issued for the first dwelling unit completed in the residential development to which the building permit is applicable.

In the event the City accepts any payment of Infrastructure Fees in connection with the submission of a building permit application, which application is incomplete or not in a form satisfactory to the City, all payments made in connection with such application shall be returned to the applicant and such applicant shall be required to submit a complete and acceptable application, and, at the time of such submission, shall pay any then applicable Infrastructure Fees. Notwithstanding any provision herein to the contrary, the City, by official action of the Mayor and City Council, may require the payment of applicable Infrastructure Fees for residential units prior to the approval of a final tract or parcel map applicable to residential development if one of the following conditions are met:
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85 and funds have been appropriated, and for which the City has adopted a proposed construction schedule or plan, or

2. The applicable Infrastructure Fee will reimburse the City for expenditures previously made by the City. All applicants for permits for the installation of mobile homes will be subject to the procedures applicable to residential developments set forth hereinabove.

B. Any person or entity who would otherwise be required to pay the Infrastructure Fee pursuant to paragraph (A) hereinabove may receive as a credit towards the Infrastructure Fee attributable to such person or entity, all or a portion of the costs of any Right-of-Way Improvements or Public Improvements that may be or may have been acquired, constructed or installed by such an entity.

C. All funds collected shall be promptly identified as Right-of-Way/Public Improvement Infrastructure Fees and promptly transferred for deposit in the appropriate Right-of-Way/Public Improvement Infrastructure Fee Fund to be held in a separate account and, together with interest earnings thereon, used solely for the purposes specified in this Chapter.

D. Notwithstanding anything in this section to the contrary, for any subdivision for which a final map has been approved prior to the effective date of this Chapter the fee established pursuant to Section 15.73.050 may be paid at the close of escrow on each individual lot, unless a later time is allowed by this Chapter.
(Ord. MC-1027, 9-09-98; Ord. MC-707, 3-19-90; Ord. MC-755, 11-21-90)

15.73.065 Deferral
For the construction of new single-family homes, the fees imposed by Section

15.73.060 may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from the issuance of the Building Permit, whichever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and City Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes. (Ord. MC-1045, 4-20-99; Ord. MC-1044, 4-07-99; Ord. MC-1011, 12-16-97; Ord. MC-961, 3-20- 96)
[Rev. 2022]
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15.73.070 Establishment of Infrastructure Fee Fund
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86 There is hereby established a Right-of-Way/Public Improvement Infrastructure Fee Fund. The funds withdrawn from this account must be used in accordance with the provisions of Section

15.73.080 of this Chapter.
(Ord. MC-707, 3-19-90)

15.73.080 Use of Funds
A. Funds collected from the Infrastructure Fees shall be used for the purpose of causing the acquisition, construction and installation of the Right-of-Way Improvements and/or Public Improvements within the Verdemont Area, as more specifically described in the Engineer's Report.

B. No funds collected pursuant to this Chapter shall be used for periodic or routine maintenance.

C. Funds may also be used to pay debt service on bonds or similar debt instruments issued in order to provide financing for the acquisition, construction and installation of the Right-of-Way Improvements and/or the Public Improvements for which the Infrastructure Fee may be expended. (Ord. MC-707, 3-19-90)

15.73.090 Refunds
Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the Infrastructure Fee was paid shall, upon application of the then current landowner, be returned to such landowner with accrued interest thereon, provided the landowner submits an application for refund to the City Finance Officer within one hundred eighty (180) days of the expiration of the six-year period.
(Ord. MC-707, 3-19-90)

15.73.100 Penalties
A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter.
(Ord. MC-707, 3-19-90)
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15.73.110 Severability
If any Section, phrase, sentence or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or portions hereof shall be Packet Page. 306
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(Ord. MC-707, 3-19-90)

15.73.120 Other Fees
Notwithstanding the payment of Infrastructure Fees as set forth in this Chapter, any developer or Fee Payer shall be responsible for the payment of any applicable installation fees, sewer connection fees, water acquisition charges or other fees or charges levied by the City and all other public bodies in connection with the development of property with the Verdemont Area, and such developer or Fee Payer shall either:
(i) provide for the acquisition, construction and installation of any and all other public improvements required by the City of such developer or Fee Payer as a condition to approval of any development which are in addition to both (a) the Right-of-Way Improvements to be funded by the Infrastructure Fees as established by this Chapter in the initial dollar amount and (b) the Public Improvements to be funded by subsequent increases to the Infrastructure Fees or as established by this Chapter in the initial dollar amount, (ii) pay any other on or off-site improvement fees, assessments or special taxes as may be levied by the City as a condition to the approval of any development in lieu of the actual acquisition, construction or installation of public improvements as set forth in (i) above.

Unless a developer or Fee Payer has provided for the payment of Infrastructure Fees in an amount to provide for the acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements, plus any financing costs if applicable, or has constructed a proportionate share of the Right-of-Way Improvements and the Public Improvements, such developer or Fee Payer shall not be relieved from the obligation to participate in any benefit assessment district or special tax district established for the purpose of funding that portion of the Right-of-Way Improvements and/or the Public Improvements not covered by the Infrastructure Fees as may have been previously paid by a developer or Fee Payer.
(Ord. MC-707, 3-19-90)
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Chapter 15.74

VIOLATION - PENALTY
Sections:

15.74.010 Violation - Penalty

15.74.010 Violation - Penalty
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Ordinance No. MC-1666
88 A. Any person, firm or corporation whether as a principal, agent, employee or otherwise who erects, constructs, enlarges, alters, repairs, moves, improves, removes, converts or demolishes a building or a structure for which a building permit is required by this title and the adopted codes, and for which a permit has not been obtained from the Building Official, or otherwise violates any provision of the adopted codes, or this Title, shall be guilty of either an infraction or a misdemeanor. Any person, firm or corporation whether as a principal, agent, employee or otherwise, violating or causing the violation of any provision of the Fire Code is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code.

B. Each day during any part of which the activity prohibited by Subdivision A of this section continues, or a violation of the adopted codes continues to exist shall be a separate and distinct offense. The imposition of any penalty for any violation of this Title shall not excuse the violation or permit it to be continued, and all persons shall be required to correct or remedy all such violations or defects within a reasonable time. The application of any penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. MC-1262, 12-18-07; Ord. MC-1261, 12-04-07; Ord. MC-728, 5-08-90; Ord.

SECTION 22. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 23. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 24. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 25. CEQA. The City Council finds that the amendments to the Municipal Code, made pursuant to this Ordinance, are exempt from the California Environmental Quality Act (“CEQA”) because they do not constitute a project within the meaning of CEQA Section 15378. The amendments herein have no potential for resulting in physical change to the environment, directly or indirectly. The City further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. These amendments do not allow any new activities, but merely adopt updated language. Staff is hereby directed to file a Notice of Exemption with the San Bernardino County Clerk’s Office within five (5) working days of the adoption of this Ordinance.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested Packet Page. 308
Ordinance No. MC-1666
89 by the City Clerk this _ day of _, 2026.
___________________________________
Helen Tran, Mayor, City of San Bernardino
Attest:
____________________________
Telicia Lopez CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. 1666, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of July 2026. Ordinance No.1666 was approved, passed and adopted at a regular meeting held the __day of___, 2026 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___day of __2026. ____________________________
Telicia Lopez, CMC, City Clerk
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San Bernardino Municipal Code Adopting The New
(2025) California Building Code
Presented by Jeremias Arellano, Building Official
Community Development and Housing Department
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Background:

Every three years, the State adopts new building model codes to establish uniform standards for construction and maintenance. Changes to the model code affect all new building permit applications submitted on or after January 1 st
, 2026.

Effective August 5, 2026, all projects that are submitted for building, plumbing, electrical, and mechanical permits will be required to comply with the 2025 California Code of Regulations Title 24.

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Significant Changes:

R102.7 Residential Code
The WUI Code
(Part 7 – California Wildland-Urban Interface Code, CWUIC) introduces stricter wildfire safety requirements for buildings in high-risk zones.

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Significant Changes:

City of San Bernardino High-Risk Fire Zones -
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Significant Changes:

Non-Residential/Commercial
111.3 – Temporary Occupancy. Restores the ability for the Building Official to issue Temporary Certificates of Occupancy (TCO).

Developers requesting TCO issuance will be required to post a bond in the amount equal to labor and material cost to complete the outstanding work + 20% to account for market fluctuations.

TCO Timeframes will be determined by the Building Official based on the scope of the remaining work.

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Recommendation:

The Mayor and City Council:

1. Introduce and read by title only and waive further reading of Ordinance No. MC-xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.

2. Schedule Ordinance No. MC-xxx for Adoption on August 15, 2026.

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Public Hearing
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development and Housing Michael Rosales, Senior Planner
Department: Community Development & Housing Department
Subject: Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) University Hills Specific Plan (Ward 5)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act.

2. Introduce, read by title only, and waive further reading of Ordinance No. MC-1664 of the Mayor and City Council of the City of San Bernardino, California (a) Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011- 06, -07, and -08; 0265-051-09; and 0265-021-13) (Attachment 5 and 6); and (b) dissolving Development Agreement No. 08-02 (Attachment 1 and 6).

3. Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on August 5, 2026.

City Manager's Comments
The Planning Commission recommended approval of the Specific Plan Amendment.

There are concerns regarding the development and in particular a few housing sites with the Andy Jackson Airpark. The developer has been in discussions with Crestline Soaring Academy.

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Executive Summary
The item was continued from the June 3, 2026 City Council meeting to July 15, 2026 to address issues raised by the Crestline Soaring Academy/Andy Jackson Airpark.

Since the meeting of June 3, 2026 the issues regarding hang gliding operations and airpark activities have been resolved.

Specific Plan Amendment 23-01 proposes revisions to the land use plan and significantly reduces development intensity within the 404-acre site. The amendment consolidates 24 planning areas into 4; lowers residential density from 20 to 3.1 dwelling units per acre; increases permanent open space from 235 to 300 acres; reduces total units from 980 to 327; updates park concepts; revises circulation to connect Badger Canyon Road to Campus Drive adding emergency access; and updates development standards to emphasize single-family homes (Attachment 5 and 6).

Subdivision 23-05 (Tentative Tract Map No. 20595) is requested to allow for the subdivision of a 404.3-acre site into 327 single family lots, along with parcels for landscaping, parks, water quality basins, roads, trails, 46.86 acres of parks and open space, and an additional 300.44 acres of open space preserved within a remainder lot (Attachment 1, 2, 3, and 4).

Development Agreement 08-02 has been requested to be dissolved and removed from the property title and project as obligations outlined in the agreement were not fulfilled.

Background
1993: The Paradise Hills Specific Plan, approved in 1993 and based on the former General Plan, included a certified Environmental Impact Report and proposed a 229- acre development area extending north into Badger Canyon. The plan called for 504 residential units and 175 acres of open space, with two housing types—Foothill Residential at 3.5 units per acre and Hillside Residential at 1 unit per acre—resulting in overall densities of 1.25 and 2.2 units per acre. The Paradise Hills Specific Plan was later revised to cluster development south of the San Andreas Fault, which crosses the property, eliminate development in Upper Badger Canyon, and create a land plan in association with California State University San Bernardino (CSUSB). The project was never built, and no development has occurred on the site since 1993. 2005: After adoption of the new General Plan in 2005, The Paradise Hills Specific Plan was renamed the University Hills Specific Plan (SP-UH) via Resolution 2005-362 adopted November 1, 2005. The University Hills Specific Plan (SP-UH) applied updated goals, policies, and land-use designations to the site which included Residential Suburban (4.5 units/acre) on the southern third, Residential Low (3.1 units/acre) in the center, and Open Space along the northern edge, all designations consistent with the original plan. No movement on the Specific Plan occurred at this time.

Packet Page. 318
2008: The Environmental Review Committee determined that the University Hills Specific Plan could have negative effects on the environment and warranted preparation of a Subsequent Environmental Impact Report. The Draft SEIR was distributed for the 45-day public review period from August 1, 2008 to September 1, November 17, 2008: the Mayor and Common Council accepted the Subsequent Environmental Impact Report (SEIR) and adopted the University Hills Specific Plan No. 07-01(Attachment 9 and 10).

January 13, 2026: the City of San Bernardino Planning Commission considered Resolution 2026-001 at the duly noticed hearing (Attachment 7 and 8).

At the Planning Commission meeting there were ten (10) speakers representing the Crestline Soaring Society, a paragliding and hand gliding club, and community members Dolores Armstead and Bobby Long who spoke in opposition to the project.

After the public comments the Planning Commission deliberated and voted the following:

RESULT: APPROVED
MOVER: Commissioner Carlone
SECONDER: Commissioner Pratt
ABSTAIN: None
AYES: I. Garcia, Quiel, Ngalande, Pratt, Carlone, O. Garcia NOES: Dailey, Lopez
ABSENT: Sherrick
The Item was approved (Attachment 7 and 8).

May 6, 2026: the Mayor and City Council considered Resolution 2026-042, Ordinance Number 1664, and the dissolution of Development Agreement 08-02 for Specific Plan Amendment 23-01 and Subdivision 23-05, and after public testimony voted unanimously to continue the item to the June 3, 2026 regularly scheduled meeting of the Mayor and City Council. The motion was made by Council Member Knaus and seconded by Council Member Sánchez (Attachment 16). The item was continued from the May 6, 2026 City Council meeting to address issues raised by California State University, San Bernardino. Those issues have since been resolved.

Concurrently, at the May 6, 2026 Mayor and City Council meeting additional comments were made during the public hearing, by the Crestline Soaring Academy Hand Gliders Association regarding safety concerns associated with hang glider takeoff and landing operations near the project area at Andy Jackson Airpark. These concerns were previously analyzed in the 2008 Subsequent Final Environmental Impact Report (Attachment 10 and 13 pages 44-63), which concluded the following findings remain Packet Page. 319
valid today:
• Historical records indicate the Paradise Hills/University Hills Specific Plan was approved by the City on February 15, 1993, prior to the Department of Water Resources’ March 24, 1993 approval of the relocated hang glider landing zone adjacent to the project boundaries. Relocation was part of mitigation efforts for the construction of the Hydroelectric Plant (Attachment 13 pages 44-63). • Operations at the Andy Jackson Airpark conflict with City of San Bernardino Development Code Section 12.88 (MC 12.88.10) which prohibits hang gliding within and over City limits unless specifically approved by the Mayor and City Council. Meaning any flights need to occur over the DWR property only, airspace included (Attachment 10 and 13 pages 44-63).
• The 2008 Subsequent Environmental Impact Report further noted that the airpark had never received formal City authorization, land use approval, business licensing, or permits required under the City Municipal or Development Code, that is still the case as of today (Attachment 13 pages 44-63).

The Applicant and the City had coordinated extensively with the California Department of Water Resources, including meetings and correspondence. In a letter dated April 15, 2026 (Attachment 12-Public Comments), DWR confirmed that its obligations under the Federal Energy Regulatory Commission license related to relocation of the airpark were fully satisfied in 1993. DWR further stated that Article 410 imposed only a onetime mitigation requirement, with no continuing obligations related to the airpark, and therefore DWR has no further comments regarding approval of the University Hills Development (Attachment 12).

June 3, 2026: At the duly noticed public hearing the Mayor and City Council considered Resolution 2026-042, Ordinance No. 1664, and the dissolution of Development Agreement 08-02 for Specific Plan Amendment 23-01 and Subdivision 23-05, and following public testimony and comments made by the Crestline Soaring Society and Council Member Ortiz, unanimously voted to continue the item to the regularly scheduled June 17, 2026 meeting of the Mayor and City Council. The motion was made by Council Member Ortiz and seconded by Council Member Flores.

Discussion
The Project site is located within the northern end of the City of San Bernardino, just north of the California State University San Bernardino (CSUSB) campus and several large debris basins maintained by the County of San Bernardino Flood Control District.

The Project site occupies approximately 404 acres of vacant land in the western edge foothills of the San Bernardino Mountains which run for approximately 60 miles east from the Cajon Pass to the Coachella Valley. The elevation of the Project site ranges between 1,600 feet above sea level (ASL) at its southerly boundary to an upper Packet Page. 320
elevation of approximately 2,600 feet ASL. An observatory to the south is located at Badger Hill which is utilized by CSUSB for educational purposes.

The Project consists of the first amendment to the approved University Hills Specific Plan (SP-UH) Project. The original Project was adopted by the City of San Bernardino in 2008. This first amendment of the approved Project is a proposal to (1) adopt the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) (Attachment 3), modify the land use plan and reduce the development intensity and residential dwelling units allowed within the 404- acre site, Subdivide for 327 single family lots (Attachment 6), subdivide a 404.3-acre site into 327 single family lots and dissolve and remove Development Agreement 08- 02 from the property title (Attachment 1).

Amendment
Specifically, the amendment would include the following changes:
• Reduce the number of Planning Areas from 24 to 4.
• Reduce the residential density of the Project from a maximum of 20 dwelling units per acre (du/acre) to 3 du/acre.
• Increase the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres, to better accommodate environmental site constraints, such as seismic and biological constraints. • Reduce the number of allowed residential dwelling units (DU) from 980 DU to 327 DU.
• Redesign of the conceptual park plans.
• Update the circulation plan to connect Badger Canyon Road south to Campus Drive and add additional emergency vehicle access roads. • Update of development standards and design guidelines to focus on singlefamily residential development.

Approvals associated with the Specific Plan Amendment (SPA) include an amendment to the University Hills Specific Plan (Attachment 5) and a Tentative Tract Map (TTM) (Attachment 1):

Subdivision
The Tentative Tract Map is a subdivision proposing to implement the land uses identified in the first amendment to the University Hills Specific Plan (SP-UH).

Subdivision 23-05 (TTM No. 20595) proposes the subdivision of approximately 338.80 acres into 327 single family residential lots with a minimum lot size of 2,750 sq. ft. This includes lots for landscaping, passive park, water quality basin, roadways, trails and

46.86 acres of open space; 300.44 acres will be allotted to additional open space within a remainder lot (Attachment 1).

Pedestrian and Bicycle Connectivity
The amendment would improve the Project site with pedestrian and bicycle infrastructure, as follows:
• The Pedestrian and bicycle routes along roadways would incorporate Packet Page. 321
pedestrian amenities as benches, bike racks, shade structures, and lighting where appropriate.
• Pedestrian connections would link residential neighborhoods with recreation areas.
• Bike racks would be located at strategic points throughout the open space system, such as parks and other recreational amenities, to encourage nonvehicular circulation. • Trails would be clearly marked with consistent signage and well-lit with bollard lighting as appropriate.

Roadways, Traffic, and Circulation
The originally approved Project of 2008 was designed with main access (to the site) through the Campus Parkway extension, with Badger Canyon Road (a dirt road) used only as an Emergency Vehicle Access (EVA) route. The current amended Project keeps these same roadways—Campus Parkway extension and EVA No. 1 (Badger Canyon Road)—as part of its land use plan. In addition, the Project would add two new vehicle access points:

Campus Parkway Access:

A new driveway would connect to a future road off Campus Parkway. This new road is expected to link Campus Parkway with North Campus Circle at a future intersection located just north of the existing West Campus Circle/North Campus Circle intersection.

Badger Canyon Road Access:

A second driveway would connect to a future fire access road along EVA No. 1 (Badger Canyon Road). Badger Canyon Road would tie into Devils Canyon Road just north of the current Campus Parkway and Northpark Boulevard/Devils Canyon Road intersection.

Utilities and Infrastructure
The Project presented would require the installation of utilities and infrastructure systems including potable water, water to fight fires, wastewater, storm drainage, electricity, natural gas, street lighting, and sidewalks would be installed to serve the Project. The updated SP-UH includes utility master plans for water, sewer, storm drain, etc. All Project utility connections would be located underground. Eight aboveground Frontier electricity power poles/power lines are located within the Project site. These electric power lines would go underground and relocated away from the residential lots as part of the Project onsite development activities.

Landscaping
Landscaping within Project site would consist of evergreen and deciduous canopy trees with flowering evergreen shrubs and groundcovers. It is intended that the landscaping would provide visual themes and continuity throughout the Project site, enhance desirable views, screen undesirable views, beautify and control erosion of graded slopes exposed to public views, preserve existing landscape material Packet Page. 322
(whenever possible), and enhance interfaces between graded and natural open space areas.

Streetscape elements, such as landscaping, lighting, street furniture, and signage, would create an attractive, consistent, and cohesive community image and would complement the surrounding architectural styles.

Landscaping along major roadways and at Project entries would be designed to create an attractive and cohesive community identity.

Water usage would be minimized through the planting of native and low-water species and the utilization of water-efficient and drip irrigation systems. Medians and parkways would be used for water treatment and to reduce runoff, when possible.

Overall, landscaping would include the installation of shade trees throughout the Project site including fire-safe and drought tolerant landscaping that is located to help reduce the effect of harsh winds, provide shade, and highlight significant features.

The Project would be maintained via Homeowners Association (HOA) agreements and Landscape and Lighting Maintenance Districts (LLMDs).

Recreation Areas
The Project would develop recreation and open space areas as follows:
• Recreation and open space areas would be designed to accommodate the needs of different ages and abilities.
• Canopy trees would be used to provide shade.
• Outdoor furniture would be provided in parks and common open space areas that would complement the surrounding architectural styles, materials, and colors.
• A combination of hard and soft paving would be used depending on the function of the recreational amenities.
• Active areas would utilize turf, grass, and ornamental plantings. Passive areas would primarily be composed of drought-tolerant species.

Lighting
Lighting within the Project is intended to help define vehicular and pedestrian circulation patterns, provide safe pedestrian movement, distinguish community entries and activity areas, and contribute to the overall landscape theme of the community.

The goal is to provide a sense of place by varying fixtures and illumination levels. Due to the proximity of Project site to the CSUSB observatory at Badger Hill, the use of lighting within the community shall not be excessive and would be consistent with the dark sky guidelines suggested by the International Dark Sky Association. Additionally, the Project lighting would implement the following features:
• Streetlights would implement the use of Light-Emitting Diode (LED) in Packet Page. 323
accordance with City Standard No’s, SL-1, SL-2, and SL-3. Also, when more than three streetlights are proposed, a lighting plan would be prepared for all public areas within University Hills in accordance with the City of San Bernardino Street Lighting Design Policies. The lighting plan would establish uniform lighting standards regarding style, materials, and colors to ensure consistent design.

The lighting plan would be submitted to the City’s Public Works Department for review and approval, prior to installation.
• All exterior lights would be shielded and focused on driveways to minimize spill light into the night sky or adjacent properties (residential land uses located approximately 600 feet southeast of the Project site, along North “I” Street). • Exterior lighting would be consistent with City safety and illumination requirements for rural areas. Exterior lighting on homes would be set to automatic timers. Light standards would be energy efficient and in scale with the height and use of the structures on-site.
• Light standards would not exceed 15 feet in height above finish grade. Lighting in parks may exceed this limit where deemed appropriate by the University Hills Design Review Committee and approved by the City. The 15-foot height limit may be waived as deemed necessary by the City Engineer. • Lighting would be decorative, in keeping with the architectural theme of the facility served and shall be located within landscape planter areas. • All lighting, including security lighting, would be directed away from adjoining properties and the public right-of-way.
• Parking areas would have lighting that provides adequate illumination for safety and security. Parking lot lighting fixtures would maintain a minimum of 1 footcandle of illumination at ground level at any location within the parking facility. • The level of lighting would not exceed 0.5 foot-candle at any residential property line or at the perimeter of the developed areas adjacent to the areas designated as Open Space.
• Game-court lighting is permitted on a case-by-case basis. Prior to installation, all game court lighting shall be reviewed and approved by the City of San Bernardino and any other responsible governing agency. Court lighting fixtures shall not exceed 30 feet in height.
• Exterior lighting may be used to illuminate significant exterior features and landscaping.

Off-site Improvements to the Project:

Offsite street improvements would include drainage, water, and sewer improvements.

A fuel modification zone would be constructed on San Bernardino County Flood Control properties within public easement and reservoirs. The Project would also require the construction and realignment of main ingress and egress roads, and EVA roadway alignments.

Construction Schedule
The Project does not contain a specific phasing plan or construction schedule for the Project; however, the Project would include backbone infrastructure that would include roads, water, and sewer lines prior to developing any planning areas. The Project site Packet Page. 324
preparation is anticipated to occur over a period of 2 years, which the Specific Plan Amendment identified as 2027 to 2029. However, these timeframes are subject to changes depending on various factors as economic conditions and market demand.

Development Agreement 08-02
The applicant has requested Development Agreement 08-02 to be dissolved and removed from the property title. Section 3.1.1 within the agreement defines the “5 Year Performance Plan,” requiring that within the first five years of the effective date of 4/19/2012, off-site rights of way “must have been acquired,” construction plans for the backbone infrastructure “shall be submitted” and deemed complete plans for the first phase of residential structures and park “shall have been submitted.” None of these mandatory requirements were satisfied, so the developer failed to meet the obligations under Section 3.1.1. As a result of the failure to meet these obligations, the Development Agreement shall be terminated per Section 3.2.

In addition to the above, terms within Development Agreement 08-02 are no longer applicable to the proposed Specific Plan Amendment. Such terms include the City maintenance of the roadways and landscape areas, the provision of public parks and buildings, vested impact fee schedules, and the provision of multifamily housing including student/faculty housing.

In place of Development Agreement 08-02 there will be a Memorandum of Understanding as the expired Development Agreement referenced separate agreements between California State University San Bernardino (CSUSB) and the original developer. To preserve CSUSB’s intended protections and interests regarding roadway access, maintenance, open space access, and safeguards for campus facilities, Planning Conditions of Approval were incorporated into the Resolution as follows:
(Added as number 20 COA): Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall provide a copy of a recorded agreement between applicant/developer/property owner and California State University, San Bernardino for access into the University Hills project for limited, educational purposes.
(Added as number 21 COA) : Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall obtain easements or acquire all property necessary from the California State University, San Bernardino, San Bernardino County Flood Control, and any other property owner necessary to provide access to the site from an existing public right of way.
(Added as number 22 COA): Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall enter into a Memorandum of Understanding (MOU), or any other agreement deemed appropriate by both parties, with California State University, San Bernardino to address a variety of issues that could include access rights and conditions, construction Packet Page. 325
management and campus protection, fault and land laboratory access, lighting and observatory protection, agency review and approval, term and termination, and dispute resolution.
(Amendment to COA 8): The applicant shall coordinate with other outside agencies including but not limited to California State University, San Bernardino, San Bernardino County Flood Control, and San Bernardino County Fire.

All required approvals, permits, and clearances shall be obtained from all outside agencies prior to recordation of the final map and prior to issuance of grading, building, and occupancy permits, as applicable, for the project. Examples include but are not limited to encroachment permits, access agreements or Memorandums of Understanding.

In addition, CSUSB has prepared the Memorandum of Understanding to outline the key deal points between CSUSB and Encore University hills, LLC. These provisions will ultimately be formalized through an encroachment agreement, which will be recorded against the property title.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following:

Land Use Element

2.1 Preserve and Enhance San Bernardino’s Unique Neighborhoods. The University Hills Specific Land Use Plan is designed to be compatible with the surrounding residential and future commercial uses within the vicinity.

2.3 Create and Enhance Dynamic, Recognizable Places for San Bernardino’s Residents, Employees, and Visitors. The Specific Plan Design Guidelines provide for the creation of unique, quality residential development.

2.5 Enhance the Aesthetic Quality of Land Uses and Structures in San Bernardino.

The Specific Plan Design Guidelines provide for the creation of unique, quality residential development.

Housing Element
Policy 1.3 Design Features. Require new and rehabilitated housing to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and sustainable green designs. The Addendum to the University Specific Plan will increase the amount of land preserved in perpetuity as open space, Update the Parks Plan, and update the circulation to accommodate the project.

Community Design Element

5.3 Recognize Unique Features in Individual Districts and Neighborhoods and Develop a Program to Create Unifying Design Themes to Identify Areas Throughout the City.

The Specific Plan Design Guidelines provide for the creation of unique, quality Packet Page. 326
residential and commercial development.

Circulation Element

6.1 Provide a Well-Maintained Street System. The interior local roads will be maintained by a homeowner’s association.

Parks, Recreational and Trails Element

8.1 Improve the Quality of Life in San Bernardino by Providing Adequate Parks and Recreation Facilities and Services to Meet the Needs of Our Residents. The University Hills Specific Plan (SP-UH) provides for a variety of private parks and open space.

Utilities Element

9.1 Provide a System of Wastewater Collection and Treatment Facilities that will Adequately Convey and Treat wastewater Generated by Existing and Future Development in the City’s Service Area. The University Hills Specific Plan provides for the creation of a wastewater system that will tie into existing facilities.

9.3 Provide Water Supply, Transmission, Distribution, Storage, and Treatment Facilities to Meet Present and Future Water Demands in a Timely and Cost-Effective Manner. The University Hills Specific Plan provides for the creation of a water system that will tie into existing facilities.

9.4 Provide Appropriate Storm Drain and Flood Control Facilities where Necessary.

The University Hills Specific Plan provides for the creation of a drainage system that will tie into existing facilities.

9.10 Ensure that the Costs of Infrastructure Improvements are Borne by those who Benefit. The infrastructure improvements required by the University Hills Specific Plan will be financed by the builder.

Safety Element

10.5 Reduce Urban Run-Off from New and Existing Development.

The Specific Plan Design Guidelines provide a variety of measures to reduce urban run-off, including a drainage basin and bio-swales.

Energy and Water Conservation Element

13.1 Conserve Scarce Energy Resources. The University Hills Specific Plan contains a chapter on Sustainable Guidelines to reduce energy and water use and conserve natural resources.

Noise Element

14.1 Ensure that Residents are Protected from Excessive Noise Through Careful Land Planning. Through site planning and construction techniques, residents will be protected from excessive noise.

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California Environmental Quality Act
Pursuant to the requirements of Section 15164(a) (Addendum to an EIR) of the California Environmental Quality Act, the Planning Division of the Community Development and Housing Department accepted the Addendum to the Subsequent Final Environmental Impact Report prepared by Kimly-Horn, environmental consultant for SP 23-01 and SUB 23-05 (TTM 20595) on behalf of the applicant due to the fact that:
1) there are no substantial changes in the proposed project that would require major revisions of the previous Subsequent Final Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2) there are no substantial changes that have occurred with respect to the circumstances under which the proposed project is undertaking which will require major revisions of the previous Subsequent Final Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and, 3) there is no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time that the previous Subsequent Final Environmental Impact Report was certified.

Strategic Targets and Goals
Specific Plan Amendment 23-01 and Subdivision 23-05- will add needed attainable housing in the City of San Bernardino. This aligns with Goal No. 3: Improved Quality of Life.

Fiscal Impact
None
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act; and

2. Introduce, read by title only, and waive further reading of Ordinance No. MC-1664 of the Mayor and City Council of the City of San Bernardino, California (a) Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Packet Page. 328
Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011- 06, -07, and -08; 0265-051-09; and 0265-021-13) (Attachment 5 and 6); and (b) dissolving Development Agreement No. 08-02 (Attachment 1 and 6).

3. Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on August 5, 2026.

Attachments
Attachment 1: Resolution No. 2026-042
Attachment 2: Exhibit A-Resolution No. 2026-042
Approved Plans
Attachment 3: Exhibit B-Resolution 2026-042 Mitigation
Monitoring and Reporting Program
Attachment 4: Ordinance No. MC-1664 (SP23-01
Amendment)
Attachment 5: Exhibit A-Ordinance No. MC-1664
Amendment to Specific Plan Notations
Attachment 6: Exhibit B- Ordinance No. MC-1664 DA Removal Justification Letter
Attachment 7: Planning Commission Packet (SP23-01
and SUB23-05)
Attachment 8: PC Approved Reso 2026-001(SP23-01
and SUB23-05)
Attachment 9: Resolution 2008-422 (Original UH approval by MCC)
Attachment 10: SFIER and APPX
Attachment 11: University Hills-Fire Protection Plan-Draft Attachment 12: Public Comments
Attachment 13: Section 3a. Response to
CommentsSFEIR2008
Attachment 14: Presentation
Attachment 15: Newspaper Publication
Attachment 16: Public Hearing Continuation Notice to 6.3 2026 meeting
Attachment 17: Public Hearing Continuation Notice to

7.15.2026 meeting
Ward:

First Ward
Synopsis of Previous Council Actions:

On November 17, 2008 the Mayor and Common Council accepted the Subsequent Environmental Impact Report (SEIR) and adopted the University Hills Specific Plan No. 07-01 (Attachment 9).

Packet Page. 329
On May 6, 2026 the Mayor and City Council unanimously voted to push the item to the June 3, 2026 regularly scheduled Mayor and City Council meeting.

On June 3, 2026 the Mayor and City Council unanimously voted to continue the item to the July 15, 2026 regularly scheduled Mayor and City Council meeting.

CC
Eric Levitt, City Manager
Packet Page. 330
RESOLUTION NO. 2026-042
Resolution No. 2026-042
July 15, 2026

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