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DISCUSSION
City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Introduce for First Reading Ordinance No. MC-1669 Amending Chapter 19.28 (Landscaping Standards) of the
Development Code to Update Water-Efficient
Landscaping, Soil, Compost, Mulch, and Turf
Requirements (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Introduce and read by title only, and waive further reading of Ordinance No. MC -1669 amending 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards).
2. Schedule the adoption of Ordinance No. MC-1669 to the regular meeting of the Mayor and City Council on September 16, 2026.
City Manager's Comments
The City Manager recommends the City Council approve the introduction of the Ordinance.
Executive Summary
The City of San Bernardino Development Code Section 19.28.120 Water Efficient Landscaping Standards was last amended by Municipal Code Ordinance (MC) 1368 in February 2012. The ordinance does not reflect all the language and requirements necessary to comply with California Code of Regulations, which requires jurisdictions to enforce Model Water Efficient Landscape Ordinance (“MWELO”), as enacted January 2, 2025. Therefore, the City Development Code must be amended with language requiring applicable landscape projects to comply with the soil preparation, compost, mulch, and recycled/post-consumer organic mulch requirements of MWELO 3 0
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and SB 1383 implementing regulations.
Background
In 2016, the California Legislature and the Governor of California enacted Senate Bill (SB) 1383, which amended the California Code of Regulations (CCR) Title 14, Division 7, Chapter 12. The legislation (Short-lived Climate Pollutants (SLCP): Organic Waste Reductions) aims to reduce methane and other greenhouse gas (GHG) emissions statewide. SB 1383 is overseen by CalRecycle, while the implementation is managed by individual jurisdictions. In order to meet the requirements of SB 1383, which became effective as of January 1, 2022, all jurisdictions are expected to implement ordinances, franchise requirements, and other regulations as necessary to achieve compliance.
Failure to meet these requirements may result in administrative and financial penalties.
Title 14, Division 7, Chapter 12, Article 8, Section 18989.2 (Model Water Efficient Landscape Ordinance) of the California Code of Regulations 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. Although the current SBMC Title 19 does include much of the language and requirements of MWELO, it was last updated in 2012 prior to the current MWELO regulatory text.
Discussion
The City of San Bernardino Development Code Section 19.28.120 Water Efficient Landscaping Standards was last amended by Municipal Code Ordinance (MC) 1368 in February 2012. The ordinance does not reflect all the language and requirements necessary to comply with SB 1383 and MWELO respectively. Therefore, the City Development Code 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. The requirements of MWELO Sections 493.2(d)(2), (3), (4), and (7) read as follows:
493.2(d) Soil Preparation, Mulch, and Amendments.
1. Soil amendments shall be incorporated according to recommendations of the soil management report and what is appropriate for the plants selected (See Section 493.1)
2. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of pervious area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling.
3. A minimum three-inch (3”) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turfgrass areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
A. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch and identified in the landscape design plan (see Section 493.2(a)(11)).
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4. Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available.
A. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (Public Resource Code section 4291).
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).
The proposed addition to the development code includes language to incorporate the applicable soil preparation, compost, mulch, and recycled/post-consumer organic mulch requirements set forth in Title 23, Division 2, Chapter 2.7, Section 493.2(d)(2), (3), (4), and (7) of the CCR. This language update includes by reference applicable provisions within the proposed section, including project thresholds. The specific section additions include Section 19.28.120(1)(B), confirming that the City’s Water Efficient Landscaping Standards are intended to be at least as effective as MWELO; Section 19.28.120(14), incorporating applicable MWELO provisions related to soil preparation, mulch, and amendments; Section 19.28.120(15), establishing restrictions on non-functional turf; and Section 19.28.120(16), adding definitions to support consistent interpretation and implementation of the amended standards. In doing so, the Development Code will have continuity with MWELO, SB 1383, and related state water conservation requirements.
The proposed ordinance also retains non-functional turf restrictions and related definitions to support implementation of the City’s water efficient landscaping standards and to provide clear standards for applicants, staff, and the public.
The proposed ordinance was presented to Planning Commission held on June 9, 2026, where it was unanimously approved and forwarded as a recommendation to Mayor and City Council.
The proposed ordinance 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.
2021-2025 Strategic Targets and Goals
Ordinance No. MC-1669 Amending Section 19.28.120 Water Efficient Landscape Standards aligns with Key Target Goal No. 1e: Minimize risk and litigation exposure. 3 0
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By updting the Development Code to reflect the requirements of the CalRecycle regulations, the City minimizes the risk of penalties and fines for non-compliance.
Fiscal Impact
It is anticipated projects subject to the new MWELO requirements can expect marginal increased costs for materials and hauling related to new landscaping compost and mulch incorporation. Other marginal costs may be associated with engineering design and compliance management. Landscape plan checks are not anticipated to see an increased cost and have an existing review and inspection work flow process.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Introduce and read by title only, and waive further reading of Ordinance No. MC -1669 amending 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards).
2. Schedule the adoption of Ordinance No. MC-1669 to the regular meeting of the Mayor and City Council on September 16, 2026.
Attachments
1. Attachment 1 - 19.28.120 Water Efficient Landscaping
2. Attachment 2 - Ordinance No. MC -1669
3. Attachment 3 - MWELO PowerPoint Presentation
Ward:
All Wards
Synopsis of Previous Council Actions:
June 9, 2026 Resolution of the Planning Commission of the City of San Bernardino, California, 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) In Order to
Update the Development Standards in
Compliance with Recent Changes in the State of
California Law Senate Bill 1383 Requiring Model
Water Efficient Landscape Ordinance (MWELO).
CC Eric Levitt, City Manager