Agenda packet — Mayor and City Council, August 5, 2026 (part 4 of 6)

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Existing Drainage Facilities
No underground storm drain system exists within the project vicinity. The majority of the site, approximately 70 percent, drains as sheet flow into the existing earthen channel that links two (2) debris basins south of the project, then flows in a westerly direction.

The remaining 30 percent of the tributary area flows toward the Sycamore Basin, which also drains into an earthen channel that flows south then ultimately drains into a covered concrete-lined channel that crosses Northpark Boulevard in Little Mountain Drive..

The existing debris basins, detention basins, and percolation basins outside of the project boundary are maintained by San Bernardino County Flood Control District (SBCFCD).

Proposed Drainage Facilities
The proposed drainage improvements are shown on Figure 3-28.20, Conceptual Drainage Plan. The figure shows proposed underground storm drains, tributary areas, and catch basin inlets.

Criteria for the conceptual layout and design of drainage improvements were adopted based on the current guidelines of the City of San Bernardino and SBCFCD. All underground storm drains proposed in the study are intended to collect local urban runoff and off-site undeveloped flows. These drains are located in existing and proposed street rights-of-way, including proposed easements.

For local and major streets located in the study area, runoff from the 25-year storm is allowed to flow in the streets until it reaches the top of the curb; however, the 100-year storm flow is allowed to flow within the street section until it reaches the street right-ofway limit. Underground storm drains will be constructed when either of those two (2) conditions are exceeded in the hydrological analysis. All conduits are proposed to be reinforced concrete pipes (RCP). The minimum pipe size will be 18 inch RCP, and the minimum depth will be 2 feet.

Line A is proposed to collect and convey runoff flow from the centralwestern portion of the project site of the westwestern development area and off-site flow northto an infiltration/detention basin at the southwest corner of the project site. western development area. Line B is proposed to collect off-site flow north of the project, and to collectconvey runoff flows tributary from the north and northwest side of the west development area. Line C is proposed to collect runoff flow from the northeast and southeasteastern portion of the project site. Line D is proposed to collect runoff flow from the northwest and west portion of the eastwestern development area. Line F is proposed to collect runoff flow froman infiltration/detention basin at the northeast portionsouthwest corner of the eastwestern development area. Lines A, B, C, D, and F
Separate independent storm drain lines are proposed to collect and convey offsite tributary flows through the project site into their natural outlet into an existing flood control facility.locations on the downstream side of the project. Offsite Line A collects and conveys flow from the northwest of the western development area directly to Badger Channel. Offsite Line B collects and conveys flow from the northeast of the western development area directly to Badger Channel.

The proposed storm drain system for University Hills will reduce the risk of flooding within the project through the following:

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■ The proposed storm drain system will be able to convey the on-/off- site flow to downstream discharge points. ■ Construction of the storm drain system will ensure the conveyance of the 100-year runoff away from the project site, and the conveyance of off-site flow through the site to existing flood control facilities, thereby eliminating flooding hazards.

Drainage outlets, bioswales, and other drainage facilities will be designed to control urban runoff pollutants caused by the development of the project. In addition, site designs that reduce urban runoff and pollutant transport by minimizing impervious surfaces and maximizing onsite infiltration have been incorporated into the project. A Water Quality Management Plan (WQMP) that includes best management practices (BMP’s) has been prepared for University Hills in accordance with the Santa Ana Regional Water Quality Control Board. The WQMP can be found in the EIR appendices.

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Figure 3-28 Conceptual Drainage Plan
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Sewer Plan
The University Hills project lies within the City of San Bernardino sanitary sewer service area. Discussion with staff at the Development Services Department, Public Works Division, indicated that the project will connect to an existing sewer trunk line at the intersection of Northpark Boulevard and Little Mountain Drive.Campus Circle. A general layout of the sewer system is shown on Figure 3-29.21, Conceptual Sewer Plan.

A hydraulic analysis was performed by City staff to evaluate the available capacity of the sewer system and to determine the facilities required to service the project. It was determined by the City that the existing sewer trunk line in Little Mountain DriveRoad is adequate to support the project. The University Hills project will pay its fair share of any project related cost impacts to the existing sewer trunk line.

Badger Canyon divides University Hills into twoone (1) major drainage areasarea. The west development area drains toward the southwest corner of the project and the east development area drains to the east and southeast and then southerly. A sewage lift station is proposed at. From the southwest corner of the west development area to collect the effluent , the project sewer will gravity flow and pump it easterly through a sewer force main to a gravity sewer line in front ofPlanning Area

16. This gravity sewer line would connect to theproposed pipeline within Badger Canyon Road to an existing sewer trunk line located at the intersection of Little Mountain Drive and line in Northpark Boulevard. The main line sizes will vary from 8-inch diameter to 12-inch diameter.

The sewer facilities will be designed and constructed in accordance with the City of San Bernardino standards and specifications and in accordance with the Standard Specifications for Public Works Construction (latest edition). The sewer mains will be located in public street rights-of-way where possible. If not, they will be constructed within dedicated public utility easements.

The sewer system, including the sewage lift station, will be dedicated to and maintained by the City of San Bernardino.

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Figure 3-29 Conceptual Sewer Plan
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Dry Utilities
University Hills will be served with electric, gas, water, sewer, solid waste collection, telephone cable, and Internet (data) from companies serving the City of San Bernardino, as shown in Table 3-7. Will serve letters have been received from .7. The Gas Company, Southern California Edison, Verizon, and Charter Communications. The Dry Utilities Study for University Hills can be found in the EIR appendices.

Table 3-.7 : Dry Utility Providers
Utility Utility Provider
Electricity Southern California Edison
Gas The Gas Company
Electricity Gas Water
Southern California Edison The Gas
Company
San Bernardino Municipal Water DepartmentDistrict
Sewer San Bernardino Municipal Water District
Sewer
Solid Waste Collection Telephone
Cable
City of San Bernardino Public Works Department
City of San Bernardino Refuse & Recycling Division Verizon Charter Communications
Telephone Verizon
Cable Charter Communications and Frontier
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Landscape Plant Palette
The Plant Palette is located in Appendix B and is divided into two (2) tables and contains, containing the landscape selection for the developed areas and fuel modification zones.

Plant Palette The plant palette for Developed Areas
The following Table shall be used asdeveloped areas has been developed to reinforce the landscape selection in community theme and applies to the developed areas within the Specific Plan, including parkways.

Botanical Names Common Names
Interior Street Plant Palette
Trees
Chitalpa tashkentensis Chitalpa
Lagerstroemia indica ‘Tuskogee’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Muskogee’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘WatermelonRed’
Magnolia grandiflora ‘Samuel Sommer’
Crape Myrtle, Multi Trunk Version
Samuel Sommer Magnolia
Pinus canariensis Canary Island Pine
Pinus eldarica Afghan Pine
Pinus halepensis
Pistacia chinensis
Aleppo Pine
Chinese Pistache
Pyrus calleriana ‘Aristocrat’ Callery Pear
Rhus lancea African Sumac
Tristania conferta English Boxwood
Shrubs
Abelia grandiflora ‘Edward Goucher’ Glossy Abelia
Anigozanthos flavidus Kanga Roo Paw
Asparagus densiflorus ‘Meyers’
Bougainvillea ‘San Diego Red’
Meyers Asparagus Fern
Bougainvillea
Cistus ‘sunset’ Sunset Rock Rose
Cistus purpureus Orchid Rock Rose
Coleonema pulchrum Pink Breath of Heaven
Dietes bicolor
Escallonia fradesii ‘Pink’
Fortnight Lily
Escallonia
Feijoa sellowiana Pineapple Guava
Grevillea ‘Noellii’ Grevillea
Hemerocallis ‘Rum Red’ Daylily
Hemerocallis ‘Red Magic’
Hemerocallis ‘Starburst Orange Evergreen’
Daylily
Daylily
Hemerocallis ‘Blacked-Eyed Susan’ Daylily
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Hemerocallis ‘Starburst Susie Evergreen’ Daylily
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Botanical Names Common Names
Isolepis cernua
Juniprus sp.

Fiber Optic Grass
Juniper
Lavandula stoechas ‘Otto Quast’ Spanish Lanvender
Mahonia ‘Golden Abundance’
Mulhenbergia capllaris
Mahonia
Pink Muhly
Mulhenbergia rigens Deer Grass
Nandina domestica Heavnely Bamboo
Osmanthus fragrans Sweet Olive
Phormium tenax ‘Atropurpureum’
Phormium tenax ‘Pink Stripe’
New Zealand Flax
New Zealand Flax
Phormium tenax ‘Maori Queen’ New Zealand Flax
Photinia fraseri Red Tip Photinia
Pennsietum setaceum ‘Little Bunny’ Dwarf Red Fescue
Pittosporum tobira
Rhaphiolepis indica ‘Dancer’
Tobira
Indian Hawthorn
Rosa ‘Iceburg’ Iceburg Rose
Rosmarinus officinalis Rosemary
Xylosma congestum Shiny Xylosma
Groundcovers
Bougainvillea ‘Oh la la’ Bougainvillea
Convolvulus tomentosum Ground Morning Glory
Festuca glauca
Heuchera sanguinea
Blue Fescue
Coral Bells
St. John’s Wart
Lantana
Hypericum calycinum
Lantana sp.

Lonicera japonica ‘Halliana’
Nandina domestica ‘Nana’
Hall’s Honeysuckle
Dwarf Heavenly Bamboo
Ophiopogon japonicus Mondo grass
Phormium tenax ‘jack Spratt’ New Zealand Flax
Phormium tenax ‘Tom Thumb’ New Zealand Flax
Pittosporum tobira ‘Cream de Mint’
Rosa ‘Carpet White’
Dwarf Tobira
White Carpet Rose
Rosmarinus officinalis Rosemary
Trachelospermum jasminodes Star Jasmine
Vines
Ficus pumilla Creeping Fig
Gelsemium sempervirens Carolina Jessamine
Parthenocissus tricuspidata Boston Ivy
Clubhouse and Other Recreation Areas Plant Palette
Trees
Alnus rhombifolia White Alder
Geijera parviflora Australian Willow
Hymenosporum flavum Sweet Shade Tree
Koelreuteria bipinnata Chinese Flame Tree
Koelreuteria paniculata Golden Rain Tree
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Botanical Names Common Names
Lagerstroemia indica ‘Tuskogee’
Lagerstroemia indica ‘Muskogee’
Crape Myrtle, Multi Trunk Version
Crape Myrtle, Multi Trunk Version
Lagerstroemia indica ‘Watermelon Red’ Crape Myrtle, Multi Trunk Magnolia grandiflora
Magnolia grandiflora ‘Samuel Sommer’
Southern Magnolia
Samuel Sommer Magnolia
Magnolia soulangeana Saucer Magnolia
Pinus canariensis Canary Island Pine
Pinus eldarica Afghan Pine
Pistacia chinensis
Platanus racemosa
Chinese Pistache
California Sycamore
Podocarpus gracilor Fern Pine
Pyrus calleriana ‘Aristocrat’ Callery Pear
Pyrus Kawakamii Evergreen Pear
Rhus lancea
Tristania conferta
African Sumac
English Boxwood
Ulmus parvifolia Chinese Evergreen Elm
Shrubs
Abelia grandiflora ‘Edward Goucher’ Glossy Abelia
Aloe maculata Soap Aloe
Anigozanthos flavidus Kangaroo Paw
Asparagus densiflorus ‘Meyers’ Meyers Asparagus Fern
Bougainvillea ‘San Diego Red’
Cistus ‘sunset’
Bougainvillea
Sunset Rock Rose
Cistus purpureus Orchid Rock Rose
Coleonema pulchrum Pink Breath of Heaven
Dietes bicolor
Escallonia fradesii ‘Pink’
Fortnight Lily
Escallonia
Feijoa sellowiana Pineapple Guava
Grevillea ‘Noellii’ Grevillea
Hemerocallis ‘Rum Red’ Daylily
Hemerocallis ‘Red Magic’
Hemerocallis ‘Starburst Orange Evergreen’
Daylily
Daylily
Hemerocallis ‘Blacked-Eyed Susan’ Daylily
Hemerocallis ‘Starburst Susie Evergreen’ Daylily
Isolepis cernua Fiber Optic Grass
Juniprus sp.

Lavandula stoechas ‘Otto Quast’
Juniper
Spanish Lanvender
Mahonia ‘Golden Abundance’ Mahonia
Mulhenbergia capllaris Pink Muhly
Mulhenbergia rigens
Nandina domestica
Deer Grass
Heavnely Bamboo
Osmanthus fragrans Sweet Olive
Phormium tenax ‘Atropurpureum’ New Zealand Flax
Phormium tenax ‘Pink Stripe’ New Zealand Flax
Phormium tenax ‘Maori Queen’
Photinia fraseri
New Zealand Flax
Red Tip Photinia
Pennsietum setaceum ‘Little Bunny’ Dwarf Red Fescue
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Botanical Names Common Names
Pittosporum tobira
Rhaphiolepis indica ‘Dancer’
Tobira
Indian Hawthorn
Rosa ‘Iceburg’ Iceburg Rose
Rosmarinus officinalis
Salvia greggii
Rosemary
Autumn Sage
Salvia leucophylla Purple Sage
Xylosma congestum Shiny Xylosma
Groundcovers
Bougainvillea ‘Oh la la’ Bougainvillea
Convolvulus tomentosum Ground Morning Glory
Festuca glauca Blue Fescue
Heuchera sanguinea
Hypericum calycinum
Coral Bells
St. John’s Wort
Lantana sp. Lantana
Lonicera japonica ‘Halliana’ Hall’s Honeysuckle
Nandina domestica ‘Nana’ Dwarf Heavenly Bamboo
Ophiopogon japonicus
Phormium tenax ‘Jack Spratt’
Mondo grass
New Zealand Flax
Phormium tenax ‘Tom Thumb’ New Zealand Flax
Pittosporum tobira ‘Cream de Mint’ Dwarf Tobira
Rosa ‘Carpet White’ White Carpet Rose
Rosmarinus officinalis
Trachelospermum jasminodes
Rosemary
Star Jasmine
Vines
Ficus pumilla
Gelsemium sempervirens
Creeping Fig
Carolina Jessamine
Parthenocissus tricuspidata Boston Ivy
Park Plant Palette
Trees
Alnus rhombifolia White Alder
Juglans californica
Koelreuteria bipinnata
California Black Walnut
Chinese Flame Tree
Koelreuteria paniculata Golden Rain Tree
Lagerstroemia indica ‘Tuskogee’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Muskogee’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Watermelon Red’
Magnolia grandiflora
Crape Myrtle, Multi Trunk
Southern Magnolia
Magnolia grandiflora ‘Samuel Sommer’ Samuel Sommer Magnolia Melaleuca quinquenervia Paperbark Tree
Pinus canariensis
Pinus eldarica
Canary Island Pine
Afghan Pine
Pinus halepensis Aleppo Pine
Pistacia chinensis Chinese Pistache
Platanus racemosa California Sycamore
Podocarpus gracilor Fern Pine
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Botanical Names Common Names
Pyrus calleriana ‘Aristocrat’
Pyrus Kawakamii
Callery Pear
Evergreen Pear
Quercus ilex Holly Oak
Quercus suber
Rhus lancea
Cork Oak
African Sumac
Schinus molle California Pepper
Sequoia sempervirens Coast Redwood
Tristania conferta
Ulmus parvifolia
English Boxwood
Chinese Evergreen Elm
Shrubs
Abelia grandiflora ‘Edward Goucher’
Aloe maculata
Glossy Abelia
Soap Aloe
Anigozanthos flavidus Kanga Roo Paw
Asparagus densiflorus ‘Meyers’ Meyers Asparagus Fern
Bougainvillea ‘San Diego Red’ Bougainvillea
Cistus ‘sunset’
Cistus purpureus
Sunset Rock Rose
Orchid Rock Rose
Coleonema pulchrum Pink Breath of Heaven
Dietes bicolor Fortnight Lily
Dodonaea viscosa Purple Hop Seed Bush
Escallonia fradesii ‘Pink’
Feijoa sellowiana
Escallonia
Pineapple Guava
Grevillea ‘Noellii’ Grevillea
Hemerocallis ‘Rum Red’ Daylily
Hemerocallis ‘Red Magic’
Hemerocallis ‘Starburst Orange Evergreen’
Daylily
Daylily
Hemerocallis ‘Blacked-Eyed Susan’ Daylily
Hemerocallis ‘Starburst Susie Evergreen’ Daylily
Isolepis cernua Fiber Optic Grass
Juniprus sp.

Lavandula stoechas ‘Otto Quast’
Juniper
Spanish Lanvender
Mahonia ‘Golden Abundance’ Mahonia
Mulhenbergia capllaris Pink Muhly
Mulhenbergia rigens Deer Grass
Nandina domestica
Osmanthus fragrans
Heavnely Bamboo
Sweet Olive
Phormium tenax ‘Atropurpureum’ New Zealand Flax
Phormium tenax ‘Pink Stripe’ New Zealand Flax
Phormium tenax ‘Maori Queen’
Photinia fraseri
New Zealand Flax
Red Tip Photinia
Pennsietum setaceum ‘Little Bunny’ Dwarf Red Fescue
Pittosporum tobira Tobira
Prunus caroliniana ‘Bright n Tight’ Flowering Plum
Rhaphiolepis indica ‘Ballerina’
Rhaphiolepis indica ‘Dancer’
Indian Hawthorn
Indian Hawthorn
Rosa ‘Iceberg’ Iceberg Rose
Rosmarinus officinalis Rosemary
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Botanical Names Common Names
Salvia greggii
Salvia leucophylla
Autumn Sage
Purple Sage
Xylosma congestum Shiny Xylosma
Groundcovers
Bougainvillea ‘Oh la la’ Bougainvillea
Convolvulus tomentosum Ground Morning Glory
Festuca glauca
Heuchera sanguinea
Blue Fescue
Coral Bells
Hypericum calycinum St. John’s Wart
Lantana sp. Lantana
Lonicera japonica ‘Halliana’ Hall’s Honeysuckle
Nandina domestica ‘Nana’
Ophiopogon japonicus
Dwarf Heavenly Bamboo
Mondo grass
Phormium tenax ‘Jack Spratt’ New Zealand Flax
Phormium tenax ‘Tom Thumb’ New Zealand Flax
Pittosporum tobira ‘Cream de Mint’ Dwarf Tobira
Rosa ‘Carpet White’
Rosmarinus officinalis
White Carpet Rose
Rosemary
Trachelospermum jasminodes Star Jasmine
Vines
Ficus pumilla Creeping Fig
Gelsemium sempervirens Carolina Jessamine
Parthenocissus tricuspidata Boston Ivy
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Plant Palette for Fuel Modification Zones
The palette in Table 3-9Appendix B shall be the landscape selection in the Fuel Modification Zones. Plants included in the plant palette for University Hills are designed to (1) limit the spread of fire, and (2) limit the spread of invasive species in the open space areas by complying with the California Invasive Plant Council’s California Invasive Plant Inventory.

ADD TABLE TITLE: TABLE 3-9, PLANT PALETTE FOR FUEL

MODIFICATION ZONES
Botanical Names Common Names
Fuel Modification Zones Plant Palette
Trees
Alnus rhombifolia White Alder
Heteromles arbutifolia Toyon
Juglans californica
Lagerstroemia indica ‘Tuskogee’
California Black Walnut
Crape Myrtle, Multi Trunk Version
Lagerstroemia indica ‘Watermelon Red’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Samuel Sommer’ Crape Myrtle, Multi Trunk Version Pistacia chinensis Chinese Pistache
Platanus racemosa
Quercus ilex
California Sycamore
Holly Oak
Quercus kelloggii California Oak
Quercus suber Cork Oak
Rhus lancea African Sumac
Ulmus parvifolia Chinese Evergreen Elm
Shrubs
Abelia grandiflora ‘Edward Goucher’ Glossy Abelia
Anigozanthos flavidus Kanga Roo Paw
Bougainvillea ‘San Diego Red’ Bougainvillea
Carpenteria californica
Ceanothus ‘Dark Star’
Bush Anemone
Wild Lilac
Ceanothus ‘Julia Phelps’ Wild Lilac
Cistus ‘sunset’ Sunset Rock Rose
Cistus purpureus
Cotoneaster horizontalis
Orchid Rock Rose
Rock Cotoneaster
Escallonia fradesii ‘Pink’ Escallonia
Euonymus fortunei Euonymus
Feijoa sellowiana Pineapple Guava
Grevillea ‘Noellii’
Lavandula stoechas ‘Otto Quast’
Grevillea
Spanish Lavender
Mahonia ‘Golden Abundance’ Mahonia
Osmanthus fragrans Sweet Olive
Photinia fraseri Red Tip Photinia
Pennsietum setaceum ‘Little Bunny’
Pittosporum tobira
Dwarf Red Fescue
Tobira
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Botanical Names Common Names
Prunus caroliniana ‘Bright ‘n Tight’
Rhaphiolepis indica ‘Dancer’
Flowering Plum
Indian Hawthorn
Rhus ovata Sugar Bush
Rosmarinus officinalis
Salvia greggii
Rosemary
Autumn Sage
Trichostema lanatum Wholly Blue Curls
Viburnum japonicum Japanese Viburnum
Xylosma congestum Shiny Xylosma
Groundcovers
Bougainvilla ‘Oh la la’
Hypericum calycinum
Lantana sp.

Lonicera japonica ‘Halliana’
Myoporum parvifolium ‘Pink’
Bougainvilla
St. John’s Wort
Lantana
Hall’s Honeysuckle
Pink Myoporum
Ophiopogon japonicus
Rosmarinus officinalis
Mondo grass
Rosemary
Trachelospermum jasminodes Star Jasmine
Vines
Ficus pumilla
Gelsemium sempervirens
Creeping Fig
Carolina Jessamine
Parthenocissus tricuspidata Boston Ivy
Plant Removal List
The following plant species shall be removed from all fuel modification zones:

Adenostoma fasciculatum Wild Turnip, Yellow Mustard
Adenostoma sparsifolium
Anthemix cotula
Red Shanks
Mayweed
Artemisia californica California Sagebrush
Brassica nigra Black Mustard
Brassica rapa Chamise
Cardaria draba
Centaurea solstitials
Noary Cress, Perrennial Peppergrass
Yellow Star Thistle
Cirsium vulgare Wild Artichoke
Conyza canadensis Horseweed
Cortaderia selloana Pampas Grass
Cupressus sp.

Cynara cardunculus
Cypress
Artichoke Thistle
Datura wright II Jimsonweed
Eriognum fasciculatum Common Buckwheat
Eucalyptus sp. Eucalyptus
Foeniculum vulgare
Heterothaca grandiflora
Fennel
Telegraph Plant
Juniperus sp. Juniper
Lactuca serriola Prickly Lettuce
Malosma laurina
Nicotiana bigelevil
Laurel Sumac
Indian Tobacco
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Botanical Names Common Names
Nicotiana glauca
Pinus sp.

Tree Tobacco
Pine
Salvia mellifera Black Sage
Salsola australis
Silybum marianum
Russian Thistle/Tumblewood
Milk Thistle
Ricinus communis Castor Bean Plant
Urtica urens Burning Needle
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1 Formatted: Header

SUSTAINABILITY GUIDELINES
Chapter 5: Sustainability Guidelines
University Hills is committed to creating a sustainable, resource-efficient community.

To that end, this Specific Plan addresses sustainable and green building practices for the individual building as well as overall community design.

These Sustainability Guidelines are organized into six major topic areas:
■ Site Design and Community Planning
■ Green Infrastructure
■ Landscaping
■ Building-Level Sustainability
■ Resource Conservation
■ Construction Practices: Erosion and Dust Control
■ Commitment to Sustainable Building Practices
A Sustainability Resource Guide offering a consolidated list of providers and entities that offer sustainability programs immediately relevant to the University Hills Specific Plan can be found at the end of this chapter.

Intent and Application
These guidelines are intended to contribute to the development of a sustainable and resource-efficient community, exceeding what would be achieved from standard compliance with the current Uniform, International, and National Building Codes, and City and County ordinances. Development within University Hills will occur from a perspective that sees current local, state, and national requirements as a starting point rather than an ultimate goal.

These guidelines apply to all development
within University Hills and establish a
framework that will be used to evaluate
how proposed developments meet the
objectives for sustainable development. It
is incumbent upon project applicants to
demonstrate how they will comply with
these guidelines through the development
review process.

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Sustainability
Sustainability is “meeting the needs of the present without compromising the ability of future generations to meet their own needs,” as generally defined by the 1987 Bruntland Report of the United Nations World Commission on Environment and Development.

Incorporating sustainable design from the earliest stages has benefits for both the builder and future occupants. Many sustainable design principles have minimal cost impacts if incorporated early in the design phase, and initial costs can frequently be offset by reduced construction time and long- term operations and maintenance savings.

In addition, sustainable neighborhood design and green homes are a desirable amenity for many potential home buyers who are often willing to pay a premium to
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University Hills Specific Plan Page 5-
1 storm water runoff.

Plan natural pedestrian or
multiuse trails throughout the
community. This bioswale trail
demonstrates how green
infrastructure and natural
drainage provides opportunities
for pedestrian and recreational
amenities along with minimizing
Clustering homes utilizes land
efficiently and reduces site
disturbance, freeing space for
recreational uses and common
open space that enhance the
community.

As other programs and standards evolve, the University Hills Sustainability Guidelines may evolve as well to ensure that the goal of sustainability is met. In some cases, topics and issues are described in general terms to allow for the incorporation of new technologies as they are developed.

These Sustainability Guidelines are based upon overarching and measurable performance standards. There are a number of ways to meet the performance standards and these guidelines include both required measures and flexible Best Management Practices (BMPs).

Overarching Performance Standards
Development in University Hills shall comply with the following Performance Standards:
■ All buildings shall exceed Title 24 standards (2005) for energy efficiency by 15%
■ Development in University Hills shall reduce potable water consumption for irrigation by 25%, as calculated from a mid-summer baseline case.
■ Development in University Hills shall use 15% less potable water then the baseline calculated for a typical building (not including irrigation).

Site Design and Community Planning
There are many sustainable development practices relating to site design and community planning that can be implemented from the early stages of a project. Some of the most cost-efficient and cost-saving sustainable development practices are implemented at a large scale, and thus afford benefits throughout the whole community. Measures as simple as orienting sites and lots to take full advantage of the sun for daylighting can be
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University Hills Specific Plan Page 5-
3 achieved with little or no cost impact. Development in University Hills will generate innovative and context-sensitive design solutions that lay a framework of sustainability for the entire life of the project and enhance residents’ quality of life. ■ Required–As shown in Figure 2-9.1, limit the reach of construction activities and minimize development footprints.
■ Suggested BMP–As feasible, orient buildings so that the long axis of the building is oriented east–west to maximize the opportunity for north- and south-facing windows. Sunlight entering through north- facing windows provides indirect, diffused light with low heat gain for the building, reducing cooling costs during summer months. Also, minimizing the area of roof and wall facing west reduces the amount of solar radiation absorbed during the summer season. In addition, south-facing windows are a key design feature for winter months as they receive about 90 percent of optimal winter solar heat gain, reducing energy needed for heating and cooling. ■ Required–Plan streets and lot layouts on an east–west axis, as represented in “Figure 2-9, University Hills.1: Land Use Plan,”, so that shading of streets and homes by trees is maximized. Shading reduces the heating of pavement and buildings by the sun, thereby reducing the trapping of heat by paved areas and the energy needed for cooling interiors. An east–west street layout also maximizes the opportunity for optimal building orientation for passive solar techniques, with the long axis of the building oriented east–west.
■ Suggested BMP–Increase tree canopy and place trees strategically to reduce energy demand for adjacent buildings, enhance roadway safety, and provide for a more aesthetically pleasing environment.
■ Suggested BMP–Allow narrow streets to reduce paved area and make them easier to shade by trees.
■ Required–Incorporate walking and bicycling paths, as represented on “Figure 3-11,.3: Trails, Parks, and Open Space Plan,”, and “Figure 3.1: Vehicular Circulation Plan”, to provide transportation alternatives and contribute to a healthy lifestyle.

Ensure connections and access for pedestrian and bicycle paths to nonresidential uses and recreational facilities.
■ Required – Include stormwater management systems to retain and/or treat on-site stormwater runoff.

Bioswales are an effective green
infrastructure technique that
serves a dual purpose; they not
only provide a cost-effective
alternative to traditional
stormwater drainage systems,
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Sustainability Guidelines Permeable paving materials allow water and air to filter through to the ground underneath, reducing stormwater runoff and
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University Hills Specific Plan Page 5-
3 Green Infrastructure
Embracing an approach to green infrastructure is intended to counterbalance the effects of more traditional land development patterns and associated infrastructure that often fragments and degrades natural open spaces and ecosystems with minimal consideration to long-term sustainability. Green infrastructure integrates natural systems, and capitalizes on opportunities for creating multipurpose systems, thereby using land and resources more efficiently.

Implementing green infrastructure and related methods for watershed management improves water quality, conserves water, and reduces runoff volumes as well as peak flows and durations. In addition to these direct benefits to the watershed, implementing such methods also benefits the quality and availability of biological habitat, provides energy conservation by reducing the heat trapping and impervious areas of typical land development, and can be aesthetically pleasing. ■ Required–Collect rainwater on site through the use of stormwater management practices such as the incorporation of infiltration basins and bioswales.
■ Required–As shown on “Figure 2-9, University Hills.1: Land Use Plan,” maintain natural drainage corridors to provide open space buffers for wildlife, vegetative cover for wildlife movement, and infrastructure systems for drainage and ground water recharge.
■ Suggested BMP–Grade property to divert stormwater flow to permeable areas, following natural drainage contours to the greatest extent possible.
■ Suggested BMP–Where applicable, create curb cuts to allow stormwater flows to drain to permeable or landscaped areas. ■ Suggested BMP–Where possible, use pervious or open grid paving for driveways, walkways, plazas, and parking areas. ■ Suggested BMP–Use pervious paving materials wherever possible to reduce the negative effects of stormwater runoff and to facilitate groundwater recharge.
■ Suggested BMP–Utilize bioswales, particularly with native or drought-tolerant grasses, to collect and filter water runoff.

Parking lots constructed of
permeable paving materials
and permeable paving
products that allow for turf or
other plant materials to grow
are exam
P
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o
5 f
-4methods for
reducing stormwater runoff and
the need for standard drainage
June2008
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5 Landscaping
Sustainable landscaping practices and techniques help promote water conservation and reduce water demand as well as help to control water and irrigation costs. Efficient irrigation techniques help reduce water demand while sustainable landscape design can lead to the reduction of the heat- island effect (the absorption of solar heat in paved surfaces), improved environmental habitat, and reduced overall maintenance and replacement cost. ■ Required–Install high efficiency, xeriscape irrigation systems to reduce the amount of water devoted to landscaped areas, such as drip and bubbler irrigation and low-angle, low-flow nozzles on sprayheads. ■ Required–Install and correctly program automated irrigation systems to reduce water use. ■ Required–Install properly programmed EvapoTranspiration (ET) based controllers on homeowner’s properties, which are weather based controllers with greater efficiency. In addition, supply homeowners with information on how to properly program their controller using the Metropolitan Water District’s guidelines as a reference tool. ■ Required–Install moisture sensors and other similar irrigation technology to ensure that landscaping is watered only as needed.
■ Required–Employ the use of water budgets for landscape irrigation to monitor and regulate outdoor water usage. ■ Required–Plant selection should be based on species that are drought tolerant, heat resistant, and hardy. Native plant material should also be closely examined and considered for most landscape areas., except Fuel Modification Zones. Sources of reference for such plant materials can be obtained from the Metropolitan Water District and the California Department of Water Resources. Plant selection should strive to use up to 75 percent water-wise/drought-tolerant, native, or Mediterranean plant materials.
■ Required–Prohibit the use of large turf areas in landscaping by substituting water-conserving native groundcovers or perennial grasses, shrubs, and trees.
■ Required–Landscaped areas installed by individual builders shall not exceed 20 percent turf.

University Hills Specific Plan
An example of the type of
landscaping that would be
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University Hills Specific Plan Page 5-
7 Exceptions include open space parks and similar recreation areas in which open grass areas are a planned amenity.
■ Required–Turf shall not be planted on slopes and in irregularly shaped areas, with the exception of no-mow grasses, to avoid oversaturation that might harm the structural integrity of slope. Instead, plant material that can be used for erosion control should be used.
■ Required–Trails shall be constructed of pervious materials such as decomposed granite or existing earth. ■ Required–Group plants with similar water requirements together, a technique known as hydrozoning. A plant reference is available from the California Department of Water Resources. ■ Suggested BMP–Increase tree cover in developed areas to reduce solar heat gain into buildings and to reduce the amount of heat absorbed by paved areas. In general, plant drought-tolerant or native tree species around and near buildings, walls, windows, and paved areas. Plant deciduous trees on the south side of buildings to allow for increased solar heat gain in winter months (reducing energy needed for heating interiors) and shading in summer months (reducing energy needed for cooling interiors).
■ Required–Minimize disruption of and preserve existing trees and plants on site throughout the planning, design, development, and construction processes.
■ Suggested BMP–Mulch planting beds and apply compost and environmentally friendly fertilizers to promote healthy topsoil, maximize plant growth, and reduce plant replacement. This will also reduce the need for longer or more frequent irrigation run times.

Building-Level Sustainability
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6 Sustainability Guidelines
June200
8 many
t can be
air quality and the comfort of homes as well as reduce the impacts of light pollution are critical to community health and well-being. All new development within the Specific Plan area is required to meet the California Building Energy Efficiency Standards and CALGreen Building Standards (California Code of Regulations Title 24, Parts 6 and 11) to reduce environmental impacts, decrease energy costs, and create healthier living. The CALGreen Code sets forth mandatory and voluntary measures that address planning and site design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality during and after construction. The Building Energy Efficiency Standards (“Title 24”) outlines energy/water efficiency and air quality requirements. Title 24 does not require every efficiency item to be implemented. A certain threshold needs to be met and the developer has the option to choose, via either the prescriptive or performance methods, which items to implement that meet the specified threshold.

Building Materials
■ Suggested BMP–Use 20 percent locally manufactured and produced building materials, defined as materials manufactured or produced within a 500-mile radius of the project. ■ Suggested BMP–Strive to utilize a minimum of 50 percent sustainable and recycled wood for wood building components and flooring materials, such as engineered or FSC-certified wood (Forest Stewardship Council). ■ Suggested BMP–Strive to utilize rapidly renewable or recycled building materials and products for at least 5 percent of the total value of materials. Flooring alternatives like bamboo, wheatboard, and cork are rapidly renewable materials. Linoleum, exposed concrete, and recycled-content ceramic tiles are also desirable materials. ■ Suggested BMP–Encourage the installation of insulation with at least 75 percent recycled content, such as cellulose, newspaper, or recycled cotton.
75 percent recycled content, such as cellulose, newspaper, or recycled cotton.

Indoor/Outdoor Air Quality
■ Required–Use only flooring and insulation products that are low emitters of volatile organic compounds (VOC) and formaldehyde.
■ Required–Use only low- and zero-VOC paints, finishes, adhesives, caulks, and other substances to improve indoor air quality and reduce the harmful health effects of off-gassing. ■ Suggested BMP–All homes should use only electric or gas fireplaces to minimize smoke from wood burning fireplaces and pollutants (e.g. CO, NO, and VOC’s).

Lighting
■ Required–Reduce light pollution by avoiding outdoor lighting where it is not needed and providing adequate as opposed to excessive lighting.

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University Hills Specific Plan Page 5-
7 ■ R
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June200
8

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8 ■ Required–Provide low-contrast lighting, and use low-voltage fixtures and energy-efficient bulbs, such as compact fluorescent (CFL) and light emitting diode (LED) bulbs. ■ Required–Direct outdoor lighting downward and include this restriction in the CC&Rs.Declaration of Covenants, Conditions, and Restrictions (CC&R).
■ Required–Flashing lights, except for those related to public safety or intended to warn of potential public hazard or danger, are prohibited.
■ Required–Design lighting plans to be sensitive to the CSUSB observatory on nearby Badger Hill. Follow guidelines suggested by the International Dark Sky Association (www.darksky.org). Factors to be considered in sensitive lighting design include those listed above as well as the mounting height of the lighting luminaire above the ground, the horizontal spacing of one pole to the next, and the cutoff angle of the luminaire. Include nighttime lighting restrictions in the CC&Rs.

Energy-Efficient Appliances and Fixtures
■ Required–Install water and energy saving fixtures and appliances, such as showerheads, toilets, washing machines, clothes dryers, refrigerators, and dishwashers certified as EnergyStar compliant. ■ Required–Use only high efficiency toilets and waterless urinals to reduce water usage. ■ Suggested BMP–Install built-in recycling centers in homes next to trash bins to offer convenient and clean methods for separating recyclables from trash.
■ Required–Install re-circulating hot water systems to reduce the need to heat water, or tankless water heaters that heat water as needed instead of storing hot water in tanks, thus reducing standby energy use. ■ Required–Utilize a minimum insulation value of R30 in cielingsceilings. ■ Required–Install programmable thermostats in all homes. ■ Required–Assure solar access for energy collection along locations such as roofs, walls, and patio/window overhangs.

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University Hills Specific Plan Page 5-
9 Building DesignEnvelope
■ Suggested BMP–As practical, design windows that are taller and start closer to the ceiling to optimize daylighting of interiors.
■ Suggested BMP–As practical, utilize external shading strategies, such as protection of glazed fenestration, eyebrows, and appropriately sized eave overhangs.
■ Suggested BMP–Install architectural features that increase daylighting, such as light shelves that bounce light farther into interior spaces, to reduce the need for additional electrical light. ■ Required–Install radiant barriers to reduce summer heat gain and winter heat loss. Radiant barriers consist of a highly reflective material, such as aluminum, that prevents radiant heat from being absorbed by the interior of the home. ■ Required–Use natural ventilation techniques, such as operable windows, to take advantage of airflow for cooling interiors, reducing the amount of energy needed for cooling.
■ Suggested BMP–Consider the use of “cool roofs,” which are painted with a highly reflective coating or employ light-colored materials.

Resource Conservation
Actions that increase water and energy efficiency and conserve resources offer tremendous cost savings to both builders and future residents. Through techniques such as building design that maximizes shading and insulation, high performance HVAC systems, and use of natural daylighting, a substantial reduction in energy use can be achieved. The use of high performance appliances and irrigation systems that minimize water and energy use can substantially impact the amount of resources that flow into and out of the community.

Water
■ Required–Install only low water consumption, EnergyStar-compliant appliances and fixtures.

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10 June200
8 ■ Suggested BMP–Install dual flush or other toilets using less than 1.6 GPF. ■ Suggested BMP–Install faucets and showerheads using 2.5 GPM or less. ■ Required–Use water-saving landscaping techniques, such as drip irrigation systems and drought tolerant plant species. (For a more detailed list of water-saving techniques and practices see the Landscaping section of this chapter.) Energy
■ Required–Use methods of energy conservation. For residential units, consider incorporating techniques outlined in Southern California Gas Company’s Builder Resource Guide and other applicable resources. Also, consider appropriate solar building orientation to augment efforts toward energy conservation. ■ Required–Install only energy-efficient windows, such as models with spectrally selective low-e glass and with wood, vinyl, or fiberglass frames.
frames. Energy e
■ SuggestedRequired BMP– Install solar panelsphotovoltaic systems on all homes. product fluoresc
percent 10
times
incande
■ Suggested BMP–Distribute hot water efficiently through homes, minimizing the distance between hot water heaters and fixtures.
■ Required–Install only energy-efficient lighting products, such as compact fluorescent bulbs. ■ Required–Incorporate building materials that take advantage of heat storage or thermal mass to reduce energy needed for heating and cooling interiors. Materials such as concrete, masonry, and wallboard store heat absorbed during the day and slowly release it throughout the evening, thereby moderating indoor temperatures over a 24-hour period. ■ Suggested BMP–Encourage participation in energy efficiency rebate programs offered by utility providers and government agencies.

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University Hills Specific Plan Page 5-
11 Heating, Ventilation and Air Conditioning (HVAC)
■ Required–Design and install HVAC systems according to the standards provided by the Air Conditioning Contractors of America (ACCA) handbooks or other comparable high-performance HVAC standards. ■ Required–Install sealed-combustion/sealed-duct furnaces and water heaters for increased efficiency and indoor air quality.
■ Required–Install only EnergyStar-qualified ceiling fans to circulate air, improve comfort, and reduce the demand on heating and cooling systems.

Construction Practices: Erosion and Dust Control, Materials Reuse and Landfill Diversion There are many ways to reduce the impact of construction practices on the site, surrounding areas, and the environment in general. Integrating salvaged or refurbished materials from the site back into the project is an effective and cost-efficient way to minimize resources needed for transporting materials during the construction process. Using salvaged or refurbished materials also contributes to landfill diversion, thus reducing the amount of material created during the construction process that is transported to landfills.
■ Suggested BMP–Strive to exceed the landfill diversion requirements of AB 939, which requires at least 50 percent diversion of materials generated during construction.

In addition, soil erosion and fugitive dust can negatively impact the project site and surrounding areas during construction phases.

Soil, cement wash, asphalt, oil, and other hazardous debris from construction sites often make their way into the San Bernardino County storm drain system and flow untreated into local waterways. Although erosion and dust resulting from construction practices are already regulated by San Bernardino County’s National Pollutant Discharge Elimination System (NPDES) permit program and the South Coast Air Quality Management District’s (SCAQMD) Rule 403 regarding fugitive dust, it is encouraged that all construction practices in University Hills strive to retain the integrity of the land beyond what is required by local, state, and federal regulations.

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Sustainability Guidelines

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12 June200
8 Many measures can be followed to reduce soil erosion and the release of par- ticulatesparticulates into the air. See the SCAQMD’s Rule 403 for required dust control measures. Also, refer to the information provided through the San Bernardino County Stormwater Pollution Prevention program, as well as other local agencies, for best management practices to reduce construction impacts on soil, air, and water quality.

Beyond these required practices, individual builders in University Hills are required to develop an Erosion Control Plan tailored to the specific site context, and exceeding the referenced standards. An Erosion Control Plan that addresses erosion control and stormwater management, and their interrelationship is optimal. Several strategies to be addressed in an Erosion Control Plan that exceeds minimum standards include:
■ Statement of erosion control and stormwater control objectives. ■ Comparison of post development stormwater runoff conditions with predevelopment conditions. ■ Description of all temporary and permanent erosion control and stormwater control measures implemented on the project site.
■ Description of the type and frequency of maintenance activities required for the chosen erosion control methods.

Trip Reduction
In addition to the energy efficiency that can be realized through building design, fixtures, and appliances, University Hills includes several features Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual
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University Hills Specific Plan Page 5-
13 that are intended to reduce the number of vehicular trips. This has many benefits, including reduced congestion and pollution levels. The following features are discussed in other sections of the Specific Plan but are highlighted here to reinforce the commitment to sustainability embodied in University Hills. ■ Development in University Hills is limited to 42 percent of the total site.
■ Class II bicycle parking will be provided at onsite parks, ■ The onsite trail system promotes non-vehicular access throughout the project and to offsite destinations. ■ University Hills is only ¾ mile to the transit station at CSUSB. This transit station is the end of Omnitrans BRT line, a major regional transit hub, with access to Metrolink.

Sustainability Resource Guide
This tableTable 5.1 presents a consolidated list of available programs, resources, and potential funding sources to assist the master developer and individual builders in implementing the sustainability guidelines presented in this Section. Since the programs and efforts of the various agencies and providers that serve the University Hills community may change over time, it is encouraged to check with the relevant entity for current programming and incentives.

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Sustainability Guidelines

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14 June200
8 Table 5-1 Sustainability Resource Guide
Provider Program Description For More Information
Energy
Southern California
Edison (SCE)
Sustainable
Communities
Program
For multiple building and/or mixed-use
projects. Provides design assistance,
training, education, and financial
incentives relating to energy efficiency,
demand response, and self-generation.

For nonresidential projects. Provides
design assistance, energy analysis, and
financial incentives.
www.sce.com
SCE and Southern
California Gas
Company
Savings By Design www.socalgas.com/business
Southern California
Gas Company
Advanced Home
Program ( Part of
ENERGY STAR New
Homes Program)
For residential projects. Offers financial
incentives through either a performancebased or measure-based approach. http://www.socalgas.com/#construction
/ahp/
http://www.sce.com/#RebatesandSavin
gs/
Infrastructure
No current programs; see policies and strategies outlined earlier in this chapter. Also see resource listed below.

Fuscoe Engineering
and City of Irvine
Redevelopment
Dept.

Sustainable
Travelways
Guidelines
Guidelines for street development created
in partnership with the Orange County
Fire Authority for the Great Park
Community.
http://www.cityofirvine.org/depts/
cd/redevelopment/
Water and Wastewater
Metropolitan Water
District
California Friendly
Homes; California
Friendly Landscape
General provisions and design standards
for residential landscaping.
www.bewaterwise.com
Building Level
U.S. Green Building
Council
LEED (Leadership in
Energy and
Environmental
Design)

ENERGY STAR
Sustainable community and building-level
rating system.
www.usgbc.org
U.S. Department of
Energy
Certifies homes and products for energy
efficiency.
www.energystar.gov
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15 This page is intentionally left blank.

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University Hills Specific Plan Page 6-
1 Formatted: Header

IMPLEMENTATION
Chapter 6: Implementation
All specific plans must contain a “program of implementation measures, including regulations, programs, public works projects, and financing measures” pursuant to California Government Code, Section 65451(a)(4).

This section sets forth the procedures needed to implement the approved Specific Plan and the procedures required for all subsequent amendments, if necessary.

Administering the Plan
The City of San Bernardino shall administer the provisions of the University Hills Specific Plan shall comply with all procedural requirements cited in accordance with the CityState of San Bernardino DevelopmentCalifornia Government Code, Chapter 19.64, Specific Plans. Whenever the the San Bernardino General Plan, the San Bernardino Municipal Code, and other applicable State and City regulations. The development procedures, regulations, standards, and specifications contained in this Specific Plan conflict with the regulations of the City of San Bernardino Development Code, the provisions of thisthe adopted Specific Plan shall take precedence.supersede the relevant provisions of the City’s Municipal Code, as they currently exist or may be amended in the future.

Responsibility
Following approval of this Specific Plan by the Planning Commission and City Council of the City of San Bernardino, the City’s Director of Community Development Services shall be responsible for administering the provisions of the University Hills Specific Plan in accordance with the provisions of this Specific Plan, the State of California Government Code, and the Subdivision Map Act. All necessary permits and approvals shall be processed through the City’s existing permit and application processes as noted in Article IV, Administration, of the Development Code (, unless modified pursuant to this Specific Plan and except for projects subject to Senate Bill 330)..

Applicability
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All development within the Specific Plan area shall comply with the requirements and standards set forth in this document. Where conflicts exist between the following standards and those found in the City of San Bernardino Development Code, the standards contained in this document shall apply. The provisions of the City of San Bernardino Development Code shall apply to any area of site development, administration, review procedures, environmental review, landscaping requirements, and parking regulations not expressly addressed by this Specific Plan document.

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University Hills Specific Plan Page 6-
3 Interpretations
It is recognized that changes in the project may be necessary as a result of review of more detailed site plans, design plans, architectural plans, landscape plans, and infrastructure plans by the City. When there is a question or ambiguity regarding the interpretation of any provision of this Specific Plan, the Director of Community Development Services has the authority to interpret the intent of such provision. In interpreting this Specific Plan, the City’s Director of Development Services shall give consideration to the Vision and Guiding Objectives of this Specific Plan while ensuring that development can proceed in accordance with the terms and objectives of this Specific Plan and the approved tentative map.

The Director of Community Development Services may, at his/her discretion, refer interpretations to the Planning Commission for its consideration and action. Such a referral shall be accompanied by specific details, information, and analysis that tie the information to the Director’s decision. The Planning Commission shall make similar findings in conjunction with its decision. The Planning Commission action may be appealed to the City Council.

All interpretations made by the Director of Community Development Services may be appealed to the Planning Commission in accordance with the appeal procedures set forth in the City’s Development Code.

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Implementation
Severability
If any section, subsection, sentence, clause, or phrase of this Specific Plan, or future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this plan.

Specific Plan Amendment
It is anticipated that certain modifications to the Specific Plan text and/or exhibits may be necessary during the development of the project. Any modifications to the Specific Plan shall occur in accordance with the amendment process described in this section. These amendments, should they occur, are divided into two categories, major and minor amendments.

Depending on the nature of the proposed Specific Plan amendment, additional environmental analysis may be required, pursuant to the California Environmental Quality Act (CEQA).

Major Amendments
If, after making written and factual findings, an amendment is deemed major by the Director of Community Development Services, it will be processed in the same manner as the original Specific Plan. Specific Plan amendments shall be processed in the same manner as the original Specific Plan as described under Chapter

19.64, Specific Plans, of the City of San Bernardino Development Code. This requires Planning Commission and City Council approval.

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University Hills Specific Plan Page 6-
5 Minor Adjustments
Minor amendments include simple modifications to text or exhibits that do not: change the meaning, intent, or materially alter the nature or scope of the Specific Plan; increase the maximum density; or exceed the allowable total units of the Specific Plan. Minor adjustments include, without limitation, minor changes in locations of streets, public improvements, or infrastructure; minor changes in the configuration or size of parcels; density transfers (as described below); minor modification of land use boundaries; and interpretations that facilitate or streamline the approval of unlisted uses that are similar in nature and impact to listed uses.

Minor modifications may be accomplished administratively by the Director of Development Services, using the spirit and intent of the University Hills Specific Plan as a guide. The decision of the Director of Development Services may be appealed to the Planning Commission and City Council.

Review and Approval Process
Approval of the University Hills Specific Plan indicates acceptance by the City of San Bernardino City Council of a general framework of development for site. Part of that framework establishes specific development standards that constitute the zoning regulations for this Specific Plan. It is further anticipated that this Specific Plan will be implemented through a series of tentative tract maps, final maps, and plot plans which shall be reviewed and approved by the Director and the appropriate hearing body to ensure consistency with this Specific Plan. Subsequent projects may be subject to SB 330, which limits the number of public hearings for a project, among other procedural modifications.

Administrative Development Review
The following additional applications may not be identified as “Principle Permitted Uses” or “Accessory Permitted Uses” in Section 3 Development Standards, but they are considered ancillary to the inherent land uses. The following applications may be submitted as an Administrative Permit, and may be approved or conditionally approved by the Director through approval of said Administrative Permit:

Concept for parks and landscaping;
Residential architecture and final site of development plans; Landscape plans and selected
landscape materials for all
open space areas;
Signage and entry
monumentation; and
Private property landscape
plans and selected landscape
materials such as front yard
landscaping.

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2008
Implementation
Severability
If any section, subsection, sentence, clause, or phrase of this Specific Plan, or future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this plan.
check the PAs
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7 Packet Page. 717

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2008
Implementation
Location of Land Use Designations
The locations of the land use designations are approximate. Minor changes in boundary alignment and use location are permissible with approval by the Director of Community Development Services. However, the intended development character and density/unit restrictions described in this Specific Plan shall be maintained.

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University Hills Specific Plan Page 6-
9 character and density/unit restrictions described in this Specific Plan shall be maintained.

Transfer of Units
The ability to transfer residential units provides flexibility to respond to market demands and physical realities while ensuring that the vision and guiding objectives of the University Hills Specific Plan are maintained.

Residential unit transfers are allowable within the Specific Plan subject to the following criteria:
check the PAs
■ Any unused residential units from an entitled/developed Planning Area may be transferred to another residentially designated Planning Area per the provisions of this section, except that units may not be transferred into the area north of the South Branch of the San Andreas Fault. ■ Residential unit transfers are permitted; however, 1) the maximum number of residential units in the Specific Plan area shall not exceed 437327 units; and 2), regardless of the maximum density listed for any PlanningArea shall not be exceededlot types used.
■ The maximum residential density may not exceed 2010 dwelling units per adjusted-gross acre without approval by the Planning Commission. ■ The residential unit transfers shall be administratively reviewed and approved by the Director of Community Development Services. The Director’s findings may be appealed to the Planning Commission and, subsequently, to the City Council.

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Implementation
■ Residential units may not be transferred into Planning Area 3 or theany area north of the South Branch of the San Andreas Fault.

Funding, Phasing, Capital Improvements, and Maintenance Infrastructure Improvements
Funding
Within University Hills, the developer(s) will be responsible for constructing/fundingfunding their fair share of required on-/and off-site infrastructure improvements, such as water lines, sewers, storm drains, recycled water lines, and streets. All infrastructure improvements will be developed in conjunction with the roadway improvements.
revise
Financing may also involve a combination of impact fees and exactions, special assessment districts, community finance districts (CFDs), landscaping and lighting districts, and other mechanisms agreed to by the developer and the City as noted below. Developer- or builder-funded improvements may be subject to a reimbursement agreement or credits against fees pursuant to provisions of a development agreement or conditions of approval. The City and developer or builder will cooperate to ensure that the public facilities are built in accordance with all requirements of the Specific Plan and EIR. A development agreement and conditions of approval may be used to facilitate this process.

Development Phasing
University Hills is expected to be developed starting in 20112026 and built out in approximately 20162030. It is anticipated that the following sequence will be followed during the buildout of University Hills:

Development Phasing
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University Hills Specific Plan Page 6-
11 Phase 1 revise each phase as needed
■ Backbone circulation plan detailed on “Figure 3-.1,: Vehicular Circulation Plan.”.
■ Conceptual master grading plan detailed on “Figure 3-26,.18: Conceptual Grading Plan”. ■ Backbone water system detailed on “Figure 3-27,.19: Conceptual Water Plan,”, necessary to serve the 1720 and 1880 pressure zones excluding
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Implementation
the system necessary to serve pressure zone 2040 .
■ Backbone drainage system detailed on “Figure 3-28,.20: Conceptual Drainage Plan.”. ■ Backbone sewer system detailed on ”Figure 3-29,.21: Conceptual Sewer Plan.”.

Phase 2
In-tract improvements:

In-tract water system
In-tract drainage system
In-tract sever system
Precise grading
It should be emphasized that the phasing program described in this section is a projection based on a judgment of future planning and market factors. Therefore, this phasing program is not to be taken as a compulsory develop- mentdevelopment sequence. Development area sequencing may change as the result of future conditions that neither the City nor the developer has knowledge of as of the date of this submittal.

However, the basic standards will not change and are required to be complied with regardless of shifts in the composition of each development phase. The developers of property within University Hills will be required to comply with all grading, drainage, and road improvements as specified in the Specific Plan.

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University Hills Specific Plan Page 6-
13 Maintenance
The creation and operation of a maintenance assessment district(s) will be an important factor in maintaining the aesthetic quality of University Hills. Maintenance responsibilities will be assigned to a Landscape and Lighting Maintenance District(sCommunity Facility Agreement (CFD), and/or other maintenance mechanisms.

The public and private entities are described below and in Table 6-2.1, Maintenance Plan.

Open Space and Parks
Open space and parks shall be the responsibility of a landscape and lighting district or a public facilities maintenance district.

Project Roadways
All public roadways shall be incorporated into the City’s system of roads for operation and maintenance.

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University Hills Specific Plan Page 6-
11 Table 6-1 Maintenance Plan
Type Developed By Maintained By Owned By
Streetscape
Community Roadways (arterials,
secondary arterials, and
collectors)
Neighborhood Roadways (local streets)
Master Developer City of San
BernardinoHOA
City of San
BernardinoHOA
Neighborhood Roadways (local streets) Master Developer City of San BernardinoHOA
City of San
BernardinoHOA
Community Roadway Medians (arterials,
secondary arterials, and collectors)
Master Developer City of San
BernardinoHOA
LLD/
City of San
BernardinoHOA
Neighborhood Roadway Medians (local
streets)
Guest Builder City of San
BernardinoHOA
LLD/
City of San
BernardinoHOA
Community and Secondary Entries Guest BuilderMaster
Developer

LLMDHOA LLMDHOA
Street Lighting (community and
neighborhood roadways)
Master Developer City of San
BernardinoHOA
LLD/
City of San
BernardinoHOA
Community Walls and Fences Master Developer LLMD LLMD
Table 6.1: Maintenance Plan (Continued)
Type Developed By Maintained By Owned By
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12 June
2008
Community Walls and Fences Master Developer HOA HOA
Interior Neighborhood Walls and Fences Guest Builder Homeowner Homeowner Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures:

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University Hills Specific Plan Page 6-
13 Parks and Open Space
Glider Open Space Master Developer LLMD City of San Bernardino Regional Multipurpose Trail Master Developer City of San Bernardino
City of San
Bernardino
Planning Area 3
12 Slopes Master Developer LLMDHOA LLMD/City of San
BernardinoHOA
Public Trails in the PA3Planning Area 2 Existing LLMDHOA City of San BernardinoHOA
Passive Public Parks and Open Space Guest Builder LLMDHOA City of San BernardinoHOA
Fuel Modification Zones Master Developer LLMD LLMD
Rear Yard Slopes Master
Developer/Guest
Builder
Homeowner Homeowner
Fuel Modification Zones Master Developer HOA HOA
Infrastructure
Water systems (on- and off-site) Master Developer City of San Bernardino
City of San
Bernardino
Nonpotable water systems Master Developer City of San
Bernardino
City of San
Bernardino
Sewer systems (on- and off-site) Master Developer City of San Bernardino
City of San
Bernardino
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2008
Drainage systems (on- and off-site) Master Developer City of San Bernardino/SBCF
C
City of San
Bernardino/SBCFC
Notes:

1. No development is planned in PA3 at this time.

Certain facilities and improvements may be subject to reimbursement agreements.

LLD = Landscape and Lighting District or special maintenance district HOA = Home Owner’s Asociation
SBCFC = San Bernardino County Flood Control LLMD=Landscape and Lighting Maintenance CFD = Community Facilities District
CSUSB=California State University, San Bernardino
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University Hills Specific Plan Page 6-
15 Financing Strategies
The financing of construction, operation, and maintenance of public improvements and facilities will include a combination of financing mechanisms. However, the developer shall ultimately be responsible for all fair-share costs associated with implementing the project, including but not limited to the costs of providing infrastructure and complying with all mitigation measures, conditions of approval, and other requirements of the project.

Various financing strategies may be used to fund the public facility improvements specified by the Specific Plan. Financing may involve a combination of impact fees and exactions, special assessment districts, landscaping and lighting districts, community facilities districts, and other mechanisms as agreed to by the developer and City.

The City and developer will cooperate to ensure that the public facilities are built in accordance with all requirements of the Specific Plan. A Development Agreement and conditions of approval may be used to facilitate this process.

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Packet Page. 732

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 5, 2026
To: Honorable Mayor and City Council Members
From: Tanya Romo, Deputy City Manager
Department: Community Development & Housing
Subject: Adoption of Ordinance No. MC-1666 of 2025 Building Code (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC-1666 approving new Municipal Code language and approve use of the 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.

City Manager's Comments
The City Manager recommends approval.

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. Mayor and City Council action is needed to officially adopt MC-1666 Ordinance into San Bernardino 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 code at that time. The City must now adopt the new Building Codes as required by State law.

On July 15, 2026, Mayor and City Council of the City of San Bernardino, California, conducted a Public Hearing for Ordinance No. MC-1666 to approve new Municipal Code language and approve use of the 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.

Packet Page. 733
Discussion
The proposed changes to the San Bernardino Municipal Code are strictly for the purpose of adopting the new 2025 Statewide Building Code.

Significant changes made during the 2025 California Building Code adoption include:

1. California Wildland-Urban Interface Code, (CWUIC) introduces stricter wildfire safety requirements for buildings in high-risk zones. The WildlandUrban Interface (WUI) code is a set of regulations designed to reduce wildfire risks to life and property by setting standards for construction, vegetation management, and emergency access in areas where homes and other structures are located near wildland areas. The areas that will be affect in the City of San Bernardino are mostly those north of the 210and 215 freeways and pockets in the Orange Show area.

2. Temporary Occupancy. Restores the ability for the Building Official to issue Temporary Certificates of Occupancy (TCO) with a slight modification – To ensure that any outstanding work is completed, 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.
2021-2025 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, Adopt Ordinance No. MC-1666 approving new Municipal Code language and approve use of the 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.

Attachments
Attachment 1 Ordinance No. MC-1666 Building Code
Ward:

All Wards
Synopsis of Previous Council Actions:

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September 18, 2024 Mayor and City Council held a Public Hearing of Ordinance No. MC-1643 of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approving use of the 2022 California Building Code and other minor changes to Chapter 15 of the San
Bernardino Municipal Code.

October 2, 2024 Mayor and City Council of the City of San Bernardino, California, adopted Ordinance No. MC-1643 approving the new Municipal Code language and use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code
July 15, 2026 Mayor and City Council held a Public Hearing of Ordinance No. MC-1666 of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approving use of the 2025 California Building Code and other minor changes to Chapter 15 of the San
Bernardino Municipal Code
CC
Eric Levitt, City Manager
Packet Page. 735
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. 736
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
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Ordinance No. MC-1666
3 15.32 (Repealed by Ord. MC-781, 4-22-91)

15.34 Removal or Destruction of Trees

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. MC-1379, 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:

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Ordinance No. MC-1666
4 15.04.010 - Citation

15.04.020 - Adoption of Codes by Reference

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]
[Return to Municipal Code Contents]
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Ordinance No. MC-1666
5 [Return to Title 15 Contents]
1207

15.04.230 - Driveway Configurations

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)
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Ordinance No. MC-1666
6 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 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
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Ordinance No. MC-1666
7 "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.
[Rev. 2025]
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[Return to Title 15 Contents]
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
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Ordinance No. MC-1666
8 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 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]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
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 AdultVocational 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.

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Ordinance No. MC-1666
9 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.
[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.

Packet Page. 744
Ordinance No. MC-1666
10 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
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.

Packet Page. 745
Ordinance No. MC-1666
11 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
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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Packet Page. 746
Ordinance No. MC-1666
12 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.

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)

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)
Packet Page. 748
Ordinance No. MC-1666
14 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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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 Packet Page. 749
Ordinance No. MC-1666
15 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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15.05.107.1
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 Packet Page. 750
Ordinance No. MC-1666
16 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 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
Packet Page. 751
Ordinance No. MC-1666
17 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:
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." Packet Page. 752
Ordinance No. MC-1666
18 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
Packet Page. 753
Ordinance No. MC-1666
19 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:
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."
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Chapter 15.08

LIQUEFACTION
Packet Page. 755
Ordinance No. MC-1666
21 Sections:

15.08.010 Findings

15.08.020 Purpose

15.08.030 Scope - Map

15.08.040 Liquefaction Defined

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)
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15.08.030 Scope - Map
Packet Page. 756
Ordinance No. MC-1666
22 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
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;
Packet Page. 757
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23 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.

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
Packet Page. 758
Ordinance No. MC-1666
24 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
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
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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
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.
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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)
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26 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
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.

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27 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:
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.
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D. Garage Doors. Garage doors shall be constructed of noncombustible materials or fireretardant 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.

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28 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 fireresistance-rated construction. (Ord. MC-1163, 1-23-04; Ord. MC-1162, 1-06-04)
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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)
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29 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.

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 Packet Page. 764
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30 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.

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)
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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:

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31 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.
(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.

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32 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.

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.

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33 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.

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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34 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 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.

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35 (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, Multi-Residential, 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.

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.

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36 (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.

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 all-terrain vehicles.

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37 [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 single-family 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, 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. [Rev. 2022]
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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.
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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.

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39 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

MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM
Sections:

15.25.010 Purpose
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40 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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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.

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41 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 multi-family 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. [Rev. 2022]
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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. Packet Page. 776
Ordinance No. MC-1666
42 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).
[Rev. 2022]
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Chapter 15.26

SINGLE-FAMILY RENTAL PROPERTY INSPECTION PROGRAM
Sections:

15.26.010 Purpose
Packet Page. 777
Ordinance No. MC-1666
43 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.

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, Packet Page. 778
Ordinance No. MC-1666
44 statute or this Code, including provisions of uniform codes adopted by reference in this Code.
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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 structures, fences, walls, swimming pools, hot Packet Page. 779
Ordinance No. MC-1666
45 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:
[Rev. 2022]
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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.

Packet Page. 780
Ordinance No. MC-1666
46 [Rev. 2022]
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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 Self-Certification 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 re-inspection due to subsequent damage or deterioration shall be subject to correction.

Packet Page. 781
Ordinance No. MC-1666
47 [Rev. 2022]
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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 SelfCertification Program's checklist. [Rev. 2022]
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Packet Page. 782
Ordinance No. MC-1666
48 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 SelfCertification 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.

D. If the Director determines that the property is not eligible to participate in the SelfCertification 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 Self-Certification Program's checklist shall immediately be removed from the SelfCertification 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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Packet Page. 783
Ordinance No. MC-1666
49 [Return to Title 15 Contents]

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
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
Packet Page. 784
Ordinance No. MC-1666
50 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

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, Packet Page. 785
Ordinance No. MC-1666
51 statute or this Code, including provisions of uniform codes adopted by reference in this Code.
[Rev. 2022]
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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.

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
Packet Page. 786
Ordinance No. MC-1666
52 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.
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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
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
Packet Page. 787
Ordinance No. MC-1666
53 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. [Rev. 2022]
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b. Property owner shall use a written lease including the City of San Bernardino CrimeFree 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
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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Packet Page. 788
Ordinance No. MC-1666
54 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.

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 re-inspection 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 Packet Page. 789
Ordinance No. MC-1666
55 Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.

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 multi-family 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.

15.27.140 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]
[Return to Municipal Code Contents]

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 Packet Page. 790
Ordinance No. MC-1666
56 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.

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)
[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)
Packet Page. 791
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57 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

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
Packet Page. 792
Ordinance No. MC-1666
58 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 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:

Packet Page. 793
Ordinance No. MC-1666
59 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.
(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.
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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 Packet Page. 794
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60 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;

4. that an appeal may be taken within ten days to the Board of Building Commissioners as provided in Section 15.28.140; and
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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; Packet Page. 795
Ordinance No. MC-1666
61 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.

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62 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.
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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.

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 Packet Page. 797
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63 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)
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64 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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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) Packet Page. 799
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65 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:

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.

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66 (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.

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67 (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. [Rev. 2022]
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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 Packet Page. 802
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68 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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Ordinance No. MC-1666
69 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. [Rev. 2022]
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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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72 (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.

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,

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 15.38
(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)
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74 15.48.010 Public policy
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 Packet Page. 809
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75 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)

15.48.050 Distance between inside of pool and Side and rear lot line 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
Packet Page. 810
Ordinance No. MC-1666
76 (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)

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.
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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 Packet Page. 811
Ordinance No. MC-1666
77 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:

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.

Packet Page. 812
Ordinance No. MC-1666
78 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
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) Packet Page. 813
Ordinance No. MC-1666
79 Chapter 15.60
(Repealed by Ord. MC-880, 6-23-93)
Chapter 15.64
(Repealed by Ord. MC-84, 7-21-81)
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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.

Packet Page. 814
Ordinance No. MC-1666
80 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)
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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)
Packet Page. 815
Ordinance No. MC-1666
81 15.68.060 (Repealed by Ord.MC-460, 5-15-85)
Chapter 15.72
(Repealed by Ord. MC-781, 4-22-91)
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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:

Packet Page. 816
Ordinance No. MC-1666
82 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;
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;
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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, Packet Page. 817
Ordinance No. MC-1666
83 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 Rightof-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.

Packet Page. 818
Ordinance No. MC-1666
84 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 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
Packet Page. 819
Ordinance No. MC-1666
85 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
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)
Packet Page. 820
Ordinance No. MC-1666
86 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 multifamily unit within a multi-family 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 Packet Page. 821
Ordinance No. MC-1666
87 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.
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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 Packet Page. 822
Ordinance No. MC-1666
88 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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1. The City Engineer has determined that the applicable Infrastructure Fee will be collected from the sub-divider for public improvements or facilities for which an account has been established 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-ofWay/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.

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Ordinance No. MC-1666
89 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)
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15.73.070 Establishment of Infrastructure Fee Fund
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.

Packet Page. 824
Ordinance No. MC-1666
90 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 deemed to be a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. (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:

Packet Page. 825
Ordinance No. MC-1666
91 (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)
[Rev. 2022]
[Return to Municipal Code Contents]
[Return to Title 15 Contents]
Chapter 15.74

VIOLATION - PENALTY
Sections:

15.74.010 Violation - Penalty

15.74.010 Violation - Penalty
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.

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Ordinance No. MC-1666
92 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 by the City Clerk this 5th day of August, 2026.
___________________________________
Helen Tran, Mayor, City of San Bernardino
Attest:
____________________________
Telicia Lopez CMC, City Clerk
Approved as to form:

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Ordinance No. MC-1666
93 __________________________________
Albert Maldonado, City Attorney
Packet Page. 828

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-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. MC-1666 was approved, passed and adopted at a regular meeting held the 5th day of August, 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 5th day of August 2026. ____________________________
Telicia Lopez, CMC, City Clerk
Packet Page. 829

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 5, 2026
To: Honorable Mayor and City Council Members
From: Luis Portillo, Director of Economic Development
Department: Economic Development
Subject: Adoption of Ordinance No. MC-1667 - Annexation No. 53 to Community Facilities District 2019-1 (Maintenance
Services) - EV Realty (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1667 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay the 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).

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The recommended action is the final step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impact for maintenance service of public facilities as a result of the new development. The Public Hearing was held on July 15, 2026, approving the annexation and conducted the first reading of the Ordinance. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.

Background
On June 3, 2026, the Mayor and City Council adopted Resolution No. 2026-059, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

Packet Page. 830
On July 15, 2026, the Mayor and City Council adopted Resolution No. 2026-096 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 (Annexation No. 53) and adopted Resolution No. 2026-097 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 53).

Discussion
On July 15, 2026, Ordinance No. MC-1667 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for the final reading and adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $5,238, with annual maintenance costs also estimated at approximately $5,238. The special tax revenues will be used to pay for the maintenance costs within the development. All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1667 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay the 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).

Attachments
Attachment 1 – Ordinance No. MC-1667 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District Packet Page. 831
No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1;
Resolution No. 2019-179 declaring election results for
Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District No. 2019-1.

June 3, 2026 Mayor and City Council adopted Resolution No. 2026-059, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 15, 2026 Mayor and City Council adopted Resolution No. 2026-096 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
(Annexation No. 53), and adopted Resolution No. 2026-097 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 53); and introduced Ordinance No.

MC-1667 amending Ordinance No. MC-1522.

CC: Eric Levitt, City Manager

Packet Page. 832
Ordinance No. MC-1667
1 ORDINANCE NO. MC-1667

AN ORDINANCE 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 THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LIGHTING,

STREETS, DRAINAGE, A RESERVE FUND FOR CAPITAL

REPLACEMENT, AND ADMINISTRATIVE EXPENSES

WITH RESPECT TO CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on July 15, 2026, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and
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Ordinance No. MC-1667
2 WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019- 81, attached hereto and by this reference made a part hereof.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2026-2027, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4. Authorization to Publish Ordinance. 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 5. Effective Date. This ordinance shall become effective 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 5th day of August, 2026.

Helen Tran, Mayor
City of San Bernardino
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Ordinance No. MC-1667
3 Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Albert Maldonado, City Attorney
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Ordinance No. MC-1667
4 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-1667, 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-1667 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
Packet Page. 836

EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 53 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APNs).

APN Owner Name
0136-171-44 Occidental Property, LLC
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G
ST
E
S
T
A
R
R
O
W
H
E
A
D
AV
E
INLAND
CENTER
D
M R
ILL ST
§¨¦215

MILL ST
^_
16TH ST

SPRUCE ST

S EI RRA WA

NINTH ST Y

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PEPPER AV

PACIFIC ST

CEDAR AVE

T PI PECANOE ST

CENTRAL AVE

MER DI AI N AVE

SAN BERNARDINO AVE NORMAN RD

PENNSYLVANIA AVE

WATERMAN AVE

CITRUS AVE

EUCALYPTUS AVE

ACADEMY ST
MT V. IEW AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦10
·|þ}259

BASELINE ST
£¤66
·|þ}210
§¨¦215
§¨¦10
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 53

PROJECT MAP
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 5, 2026
To: Honorable Mayor and City Council Members
From: Luis Portillo, Director of Economic Development
Department: Economic Development
Subject: Inland Valley Development Agency (IVDA) – License Agreement for Airport Gateway Monument at 3rd Street
and Palm Avenue (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-127 to approve the following:

1. The License Agreement with the Inland Valley Development Agency (IVDA), granting a revocable license and right of entry over City-owned property located at the southwest corner of 3rd Street and Palm Avenue, San Bernardino, California, for a term of 25 years, expiring 2051, with an option to extend for up to 20 years, for the purpose of constructing, installing, operating, and maintaining an airport gateway monument and related improvements.

2. Authorize the City Manager to execute the License Agreement or any other documents to effectuate the License Agreement.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
This action will authorize a License Agreement between the City of San Bernardino and the Inland Valley Development Agency (IVDA), granting IVDA a license and right of entry to use portions of City-owned property located at the southwest corner of 3rd Street and Palm Avenue for the construction, installation, operation, and maintenance of an airport gateway monument and point of entry feature. The proposed monument will consist of repurposed airplane fuselage parts, such as wings and/or tail sections, and will serve as a distinctive visual landmark announcing the airport entrance to travelers and visitors approaching from the west. The licensed area encompasses two Packet Page. 840
parcels totaling approximately 15,215 square feet of City-owned land within the City of San Bernardino, as surveyed and described in the attached legal descriptions.

Background
Michael Burrows, CEO of the Inland Valley Development Agency, has requested authorization from the City of San Bernardino to create a gateway point of entry to the San Bernardino International Airport. The proposed location is at the southwest corner of 3rd Street and Palm Avenue—a highly visible intersection on the boundary between the City of San Bernardino and the City of Highland.

The subject property is situated within the City of San Bernardino, being a portion of Lot 4, Block 68, Rancho San Bernardino, as recorded in Book 7, Page 2 of Maps, Records of San Bernardino County. The property is located adjacent to IVDA’s Parcel “B-1C East,” which lies to the south and west of the proposed license area.

Licensed Land Surveyor Edward J. Bonadiman, P.L.S. 7529 of Bonadiman & Associates, Inc., completed the boundary surveys and legal descriptions for the two proposed parcels in early 2026:
• Parcel A (Corner Gateway Feature Area): Approximately 5,301 square feet, located at the northwest quadrant of the 3rd Street and Palm Avenue intersection, surveyed February 12, 2026.
• Parcel B (Southwest Corner Monument Area): Approximately 9,914 square feet, located along the Palm Avenue frontage south of 3rd Street within the City of San Bernardino, surveyed February 23, 2026.

Together, the two parcels encompass the primary visual approach corridors to the airport from the north and west, making them ideal locations for the proposed monument feature. The monument will consist of repurposed commercial airplane fuselage components, including wings and/or tail sections, positioned to evoke the identity of the San Bernardino International Airport and serve as a wayfinding landmark.

Discussion
The proposed agreement reflects an ongoing collaborative relationship between the City of San Bernardino and IVDA to enhance the public image and economic vitality of the San Bernardino International Airport corridor. The airport serves as a significant regional economic driver, and improving its gateway aesthetics is consistent with broader revitalization goals for the area.

The project is currently in the property and legal documentation phase. Survey work for both parcels has been completed by Bonadiman & Associates, Inc. and signed legal descriptions (Exhibit “A”) and plats (Exhibit “B”) have been finalized. The City’s Real Property Division, in coordination with the City Attorney’s Office, has prepared the License Agreement for Council consideration. This phase is expected to conclude upon Council approval and execution of the License Agreement, anticipated within the next Packet Page. 841
thirty (30) to sixty (60) days.

Overall Project Timeline
The overall project timeline is estimated as follows:

1. Survey and Legal Description Completion – Completed (February 2026)

2. License Agreement Drafting and City Attorney Review – Completed (April– May 2026)

3. City Council Approval and Agreement Execution – Pending (anticipated July 2026)

4. Monument Design and Engineering – To be initiated by IVDA following agreement execution

5. Permitting and Environmental Review – To be completed by Lessee prior to construction

6. Construction and Installation of Airport Gateway Monument – Target completion within 12–18 months of agreement execution

7. Ribbon Cutting / Dedication Ceremony – Anticipated following monument completion
Construction, Maintenance, and Operational Responsibilities IVDA, as Lessee, will be solely responsible for all costs and activities associated with the monument's design, engineering, construction, permitting, maintenance, and operation. Monument design and engineering will be initiated by IVDA following execution of the License Agreement, followed by permitting and environmental review, including compliance with FAA height and obstruction clearance requirements given the site's proximity to the airport. Construction and installation are targeted for completion within 12–18 months of agreement execution. Following construction, IVDA will retain ongoing responsibility for maintenance and operation of the monument for the duration of the license, at no cost to the City. This allocation of responsibility ensures the City receives the benefit of the gateway improvement without assuming any major financial or operational obligation.

Upon City Council approval and execution of the License Agreement, IVDA will proceed with monument design, engineering, and permitting. IVDA will be responsible for obtaining all required local, state, and federal approvals, including any applicable building permits, aesthetic/design review approvals, and compliance with Federal Aviation Administration (FAA) height and obstruction clearance requirements given the proximity to the airport. Upon completion, a public ribbon cutting and dedication ceremony is anticipated to celebrate the new gateway feature and its significance to the airport and the surrounding community.

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Term of Agreement
The License Agreement grants IVDA a revocable license and right of entry over the subject property. The term of this Agreement shall commence upon the Effective Date and shall continue for an initial term of twenty-five (25) years unless earlier terminated pursuant to this Agreement. GRANTEE shall have two (2) options to extend the term for additional periods of ten (10) years each upon written notice to GRANTOR not less than one hundred eighty (180) days prior to expiration of the then-current term, provided GRANTEE is not in material default under this Agreement at the time of exercise.

Strategic Goals and Priorities
The proposed agreement aligns with the City's Strategic Targets and Goals by advancing economic development, community identity, intergovernmental cooperation, and the efficient use of public assets. The San Bernardino International Airport gateway monument will enhance the airport corridor's visibility and appeal to business travelers, cargo operators, and commercial investors, while serving as a distinctive civic landmark that reinforces. San Bernardino's identity as a regional hub for aviation and commerce. The agreement formalizes a collaborative relationship between the City and IVDA in furtherance of shared airport district objectives, and it does so by converting currently unimproved and underutilized City parcels into a community benefit — without requiring any City capital expenditure.

Fiscal Impact
The agreement will be structured at a nominal rent of $500.00 per year, consistent with the public benefit nature of the proposed use and the intergovernmental character of the arrangement. The nominal rent of $500.00 per year reflects the intergovernmental and public benefit nature of the agreement rather than a fair market lease rate. No formal fair market value appraisal was conducted for the licensed area, consistent with the City's practice of using below-market or nominal consideration for agreements between public agencies that advance a shared civic or economic development purpose.

This approach is consistent with prior City agreements involving public agency partners, including the City's ground lease with IVDA/SBIAA at 3rd Street and Palm Avenue, which similarly provides for nominal annual rent in exchange for public infrastructure and community benefit. The public benefit derived from the agreement — a distinctive airport gateway landmark constructed, maintained, and operated entirely at IVDA's expense — offsets the nominal rent charged, as the City incurs no capital, design, engineering, permitting, construction, or ongoing maintenance costs for the improvement.

All costs associated with monument design, engineering, construction, permitting, maintenance, and operation will be borne entirely by IVDA as Lessee. The City will incur no capital expenditure related to this project. Any possessory interest tax obligations arising from the agreement shall be the sole responsibility of the Lessee.

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Because the $500.00 in annual rental revenue is nominal in scale, staff does not recommend a corresponding amendment to the FY 2026/27 operating budget to reflect this revenue. For the sake of inter-governmental goodwill it can be absorbed as a minor revenue line adjustment at year-end close.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-127 to approve the following:

2. Authorize the City Manager to execute the License Agreement or any other documents to effectuate the License Agreement.

Attachments
Attachment 1 Resolution No. 2026-127
Attachment 2 Proposed License Agreement IVDA
Attachment 3 Exhibit A & B Legal Descriptions and Plat Map Ward:

Third Ward
Synopsis of Previous Council Actions:

None
CC
Eric Levitt, City Manager
Packet Page. 844
Resolution 2026-127
August 5, 2026

Page 1 of 3 ends

Mayor and City CouncilAugust 5, 2026

Mayor and City Council
August 5, 2026