ORDINANCE NO. MC-1664
1 ORDINANCE NO. MC-1664
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
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,
PURSUANT TO AN ADDENDUM TO THE FINAL
SUBSEQUENT ENVIRONMEN TAL IMPACT REPORT
AND MITIGATION MONITORING AND REPORTING
PROGRAM (SCH #2007071155) ; AND DISSOLVE
DEVELOPMENT AGREEMENT NO. 08-02.
WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, In 1993, the City of San Bernardino Mayor and Common Council approved the Paradise Hills Specific Plan; and
WHEREAS, after adoption of the City of San Bernardino 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; and
WHEREAS, on November 17 2008, the Mayor and Common Council of the City of San Bernardino adopted Resolution No. 2008-422 certifying the Final Subsequent Environmental Impact Report (California State Clearinghouse No. 2007071155), adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and approving Specific Plan 07-01 for the University Hills Specific Plan (SP-UH); and
WHEREAS, Specific Plan Amendment 23 -01 constitutes the University Hills Specific Plan Project ("Project"); and
WHEREAS, Specific Plan Amendment 23 -01 is a request to amend the development standards and guidelines of the original development plan reducing the number of proposed single- family residential lots from 980 to 327 within the University Hills Specific Plan pursuant to an addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155); and
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2 WHEREAS, The applicant has requested Development Agreement 08-02 to be dissolved and removed from the property title and project , and replaced with a Memorandum of Understanding exclusively between California State University San Bernardino and the Applicant, agreeing to preserve California State University San Bernardino intended protections and interests regarding roadway access, maintenance, open space access, and safeguards for campus fac ilities; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, Section 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, Section 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15164 (a) (Addendum to an EIR), the Addendum to the Final Subsequent Environmental Document was the appropriate environmental review procedure under CEQA, and accepted the Addendum to the FSEIR prepared by Kimly-Horn Environmental Consultants; and
WHEREAS, On December 10, 2025 the Development and Environmental Review Committee of the City of San Bernardino recommended that Specific Plan Amendment 23-01 and the dissolution and removal of Development Agreement 08-02 from the property title, move to the Planning Commission for consideration; and
WHEREAS, on January 13, 2026 the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report. At the public hearing there was opposition to the “Project” via 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 a motion was made by Commissioner Carlone and seconded by Commissioner Pratt to approve staff’s recommendation to move Specific Plan Amendment 23-01 and the dissolution of Development Agreement 08 -02 to the meeting of the Mayor and City Council for the first reading on May 6, 2026. The motion was approved per Resolution 2026-001 by Commissioners; Carlone, I. Garcia, O. Garcia, Ngalande, Pratt, and Quiel. Commissioners Dailey and Lopez denied, and Commissioner Sherrick was absent. The item passed six (6) to two (2); and
WHEREAS, notice of the May 6, 2026 public hearing for the Mayor and City Council's consideration of this proposed Ordinance and the dissolution of Development Agreement 08 -02 was published in The Sun newspaper on April 25, 2026, and was mailed to the owners and tenants of property located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, at the public hearing conducted by the Mayor and City Council, no additional information submitted to the City Council has produced substantial new information requiring substantial revisions that would trigger recirculation of the Addendum or additional environmental review under State CEQA Guidelines Section 15088.5; and
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3 WHEREAS, at the public hearing conducted by the Mayor and City Council on May 6, 2026 the Crestline Soaring Society and community members Ron Alv arado and Mr. Les made comments of concern towards the project; and Lozeau Drury LLP contested the CEQA determination for the project; and
WHEREAS, at the public hearing conducted by the Mayor and City Council on May 6, 2026 the Mayor and City Council considered Ordinance No . 1664 and the dissolution of Development Agreement 08-02, and following public testimony, unanimously voted to continue Ordinance No. 1664 for Specific Plan Amendment 23-01 to the regularly scheduled June 3, 2026 meeting of the Mayor and City Council. The motion was made by Council Member Knaus and seconded by Council Member Sánchez; and
WHEREAS, at the public hearing conducted by the Mayor and City Council on June 3, 2026 the Mayor and City Council considered Ordinance No. 1664 and the dissolution of Development Agreement 08-02, and following public testimony, unanimously voted to continue Ordinance No. 1664 and the dissolution of Development Agreement 08 -02 for Specific Plan Amendment 23 -01 to the regularly scheduled J uly 15, 2026 meeting of the Mayor and City Council. The motion was made by Council Member Ortiz and seconded by Council Member Flores; and
WHEREAS, pursuant to the requirements of Chapters 19.64 (Specific Plans) and 19.40 (Development Agreements) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Specific Plan Amendment 23-01 and the dissolution and removal of Development Agreement 08-02 from the property title.
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. Compliance with the California Environmental Quality Act. Based on the Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs, the Statement of Overriding Considerations, and all related information presented to the City Council, the City Council finds that the preparation of a subsequent or supplemental EIR is not required because the modification specified in the Addendum: (1) does not constitute substantial changes to the Project that will require major revisions of the 2008 SFEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) does not constitute substantial changes with respect to the circumstances under which the Project is administered that will require major revisions of the 2008 SFEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
(3) does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2008 SFEIR was certified, that shows any of the following: (a) the modification will have one or more significant effects not discussed in the 2008 SFEIR; (b) significant effects previously examined will be substantially more severe than shown in the 2008 SFEIR; (c) mitigation measures or alternatives ORDINANCE NO. MC-1664
4 previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City Council declined to adopt such measures; or (d) mitigation measures or alternatives considerably different from those analyzed in the 2008 SFEIR would substantially reduce one or more significant effects on the environment, but which the City Council declined to adopt.
SECTION 3. Findings of Fact – Specific Plan Amendment 23-01
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: The University Hills Specific Plan (SP -UH) is a comprehensive land use and zoning document encompassing approximately 404 acres, of which approximately 42 percent (169.5 acres) were dedicated for construction of 980 residential dwelling units and related uses.
The balance of the UHSP included parks and recreational uses (10.2 acres), among streets, lighting, landscaping, natural open space (234.8 acres) to the north of the developed area, among other common features generally associated with residential communities.
Specific Plan Amendment 23-01 proposes to amend development standards and guidelines of the original development plan and reduce the number of proposed single -family residential lots from 980 to 327 within the University Hills Specific Plan. The following demonstrates how the “Project” meets the General Plan Goals and Policies:
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.
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5 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 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
ORDINANCE NO. MC-1664
6 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.
Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact: The proposed Specific Plan Amendment would establish a land use and development framework to serve as a marketing tool for attracting developers to key sites and for boosting economic development.
The Specific Plan is dedicated to creating a mixed -use neighborhood that compliments the surrounding community by type and quality of development. The project provides quality homes and options for interested parties looking to relocate to the area. Additi onally, the University Hills Specific Plan promotes water and energy conservation through sustainable development requirements for drought tolerant landscaping, guidelines for implementing renewable energy sources for utilities, and creating a walkable and convenient neighborhood with open spaces for families to gather. Therefore, the proposed Specific Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City.
Finding of Fact: The original University Hills Specific Plan (SP-UH) adopted in November of 2008 was a comprehensive land use and zoning document encompassing approximately 404 acres, of which approximately 42 percent (169.5 acres) was dedicated to the construction of 980 residential dwelling units and related uses. The remaining area of the SP -UH included parks and recreational uses (10.2 acres), as well as streets, lighting, landscaping, and natural open space (234.8 acres) located north of the developed area, along with other common features generally associated with residential communities. Specific Plan Amendment 23 -01 proposes to amend the development standards and guidelines of the original development plan per the following:
• 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 per du/acre.
• Increase the amount of land preserved in perpetuity as open space to better accommodate environmental site constraints, such as seismic and biological constraints from
approximately 235 acres to approximately 300 acres.
• Reduce the number of allowed residential dwelling units (DU) from 980 DU to 327 DU.
• Redesign of the conceptual park plans.
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7 • 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 single-family residential development.
Therefore, as presented Specific Plan Amendment 23 -01 is physically suitable for the requested land use designations and the anticipated land use developments, which would maintain the appropriate balanc e of land uses within the City.
Finding No. 4: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.
Finding of Fact: The University Hills Specific Plan (SP-UH) has been created with the great consideration for the surrounding neighborhood and future development of the Specific Plan area will create a low density, walkable neighborhood with open spaces for children and fa milies to enjoy, while maintaining high quality design for the “Project” in whole. Specific Plan Amendment 23 -01 proposes to amend the development standards and guidelines of the original development plan by reducing the number of Planning Areas from 24 to 4 and lowering the residential density of the Project from a maximum of 20 dwelling units per acre to 3 dwelling units per acre. The Amendment also increases the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres to better accommodate environmental site constraints, including seismic and biological constraints.
In addition, the Amendment reduces the number of allowed residential dwelling units from 980 to 327, includes a redesign of the conceptual p ark plans, and updates the circulation plan to connect Badger Canyon Road south to Campus Drive while adding additional emergency vehicle access roads. Lastly, the Amendment updates development standards and design guidelines to focus on single-family residential development.
Finding No. 5: The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.
Finding of Fact: The University Hills Specific Plan (SP -UH) has been created with consideration for the surrounding neighborhood, and future development of the Specific Plan area is intended to create a low -density, walkable neighborhood with open spaces for children and fa milies to enjoy, while maintaining high-quality design for the Project as a whole.
Specific Plan Amendment 23 -01 proposes to amend the development standards and guidelines of the original development plan by reducing the number of Planning Areas from 24 to 4 and lowering the residential density of the Project from a maximum of 20 dwelling units per acre to 3 dwelling units per acre.
ORDINANCE NO. MC-1664
8 The Amendment also increases the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres to better accommodate environmental site constraints, including seismic and biological constraints. In addition, t he Amendment reduces the number of allowed residential dwelling units from 980 to 327, includes a redesign of the conceptual park plans, and updates the circulation plan to connect Badger Canyon Road south to Campus Drive while adding additional emergency vehicle access roads. Lastly, the Amendment updates development standards and design guidelines to focus on single -family residential development.
Therefore, The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.
SECTION 4. Specific Plan Amendment 23-01, a request to adopt the amendment to the Final Subsequent Environmental Impact Report and M itigation Monitoring and Reporting Program (SCH #2007071155) and amend the development standards and guidelines of the original development plan reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan, attached hereto and incorporated herein by reference as Exhibit A, is hereby approved.
SECTION 5. 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 6. Notice of Determination: The Planning Division of the Community and Development and Housing Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.
SECTION 7. 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, s entence, 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2026.
ORDINANCE NO. MC-1664
9 Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
ORDINANCE NO. MC-1664
10 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. MC-1664, 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. MC-1664 was approve passed and adopted at a regular meeting held the XX 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