Introduce, Read by Title Only, and Waive Further Reading, Ordinance No. MC 2026-XXX Amending Title 19 (Land
Use/Subdivision Regulations); Chapter 19.28 (Landscaping Standards) Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19).
City of San Bernardino Mayor and City Council Meeting August 19, 2026 Matthew Fisher
Environmental Programs Coordinator
Department of Public Works
• Senate Bill (SB) 1383, enacted in 2016, and effective January 1, 2022, requires that a jurisdiction adopt an ordinance or other enforceable requirement requiring compliance with Title 23, Division 2, Chapter 2.7, Section 493.2(d)(2), (3), (4), and (7) of MWELO, as enacted January 2, 2025. • The current San Bernardino Municipal Code Title 19 (SBMC), containing the Development Code, does include much of the language and requirements of MWELO.
• Development Code Section 19.28.120 Water Efficient Landscaping Standards was last amended by Municipal Code Ordinance (MC) 1368 in February 2012.
What is the purpose of this change?
What additions are being included in the ordinance?
• SBMC 19.28.120 must be amended with language requiring applicable landscape projects to comply with the state-mandated MWELO soil preparation, compost, mulch, and recycled/post-consumer organic mulch provisions. • SB 1383 requires the City to adopt only the MWELO sections defined in the regulatory text – not the entirety of MWELO. However, to effectively implement the required sections of the MWELO, the City development code should also reflect other changes to applicable projects for the proposed subsection(s).
Requirements of MWELO Sections 493.2(d)(2), (3), (4), and (7) (Shortened)
• 2: Soil amendments incorporated according to recommendation of the soil management report and what is appropriate for the plants selected. • 3: Minimum incorporation of compost at a minimum of four cubic yards per 1,000 square feet of pervious area to a depth of six-inches.
• 4: Minimum three-inch layer of mulch applied on all exposed soil surfaces of planting areas. To provide habitat for insects and other wildlife, up to 5% of the landscape area may be left without mulch.
• 7: Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products.
SBMC Title 19 Sections Proposed Additions
• 19.28.120(1)(B): A new section included confirming that the City’s Water Efficient Landscaping Standards are intended to be at least as effective as MWELO. • 19.28.120(14): Incorporates applicable MWELO provisions related to soil preparation, mulch, and amendments. Primary change that is directly adopting MWELO 493.2(d) by reference.
• 19.28.120(16): Adds definitions for consistent interpretation and implementation of the amended standards. Definitions found in SBMC Title 19 may be contradictory to the section; this change will resolve this concern.
CEQA Consideration
The proposed project is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the adoption of an ordinance to implement state-mandated water efficiency requirements will not result in a significant effect on the environment. The City is amending the existing Landscaping Standards in a capacity necessary to implement MWELO, as contained in Title 14, Division 7, Chapter 12, Article 8, Section 18989.2 of the California Code of Regulations. Therefore, no further CEQA review is required.
Conclusion and Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
Introduce, read by title only, and waive further reading, Ordinance No. MC 2026- XXX amending Title 19 (Land Use/Subdivision Regulations); Chapter 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19).
Schedule the adoption of the above Ordinance to the regular meeting of the Mayor and City Council on September 16, 2026.