Ordinance No. 1669
1 ORDINANCE NO. MC-1669
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
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)
TO UPDATE WATER EFFICIENT LANDSCAPING
STANDARDS IN ACCORDANCE WITH SENATE BILL 1383
AND THE MODEL WATER EFFICIENT LANDSCAPE
ORDINANCE
WHEREAS the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City recognizes that efficient water use and sustainable landscape practices will support responsible resource management and contribute to the health, safety, and welfare of the community; and
WHEREAS, the Model Water Efficient Landscape Ordinance (“MWELO”) is set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, and local agencies must adopt, implement, and enforce MWELO or a local water efficient landscape ordinance that is at least as effective as MWELO; and
WHEREAS, California Code of Regulations, Title 14, Division 7, Chapter 12, Article 8, Section 18989.2, adopted pursuant to Senate Bill 1383, requires each jurisdiction to 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; and WHEREAS, the proposed amendments also retain 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; and WHEREAS, the City desires to adopt and enforce the MWELO, as amended, such as provisions related to landscape design, irrigation efficiency, and organic mulch use; and WHEREAS, the Department of Water Resources’ amendments to MWELO were approved by the Office of Administrative Law and became effective on January 2, 2025; and WHEREAS, the Planning Commission of the City of San Bernardino adopted Resolution No. 2026-13 – PC, forwarding a recommendation that the Mayor and City Council:
a. Determine that Development Code Amendment 26-13 is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3); and b. Approve the Development Code Amendment based on the Findings of Fact; and Ordinance No. 1669
2 WHEREAS, the Mayor and City Council of the City of San Bernardino desires to update the City’s enforceable MWELO requirements to maintain compliance with applicable state law and reduce the risk of state enforcement or penalties; and WHEREAS, the Mayor and City Council of the City of San Bernardino now desires to amend its local regulatory scheme for MWELO to reflect the most recent changes to state law by amending Title 19, Chapter 19.28, Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19).
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Amendment of Section 19.28.120. Section 19.28.120 of Chapter 19.28 of Title 19 of the San Bernardino Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference.
SECTION 3. 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 4. CEQA. The City Council determines that the Ordinance is exempt from 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 statemandated water efficiency requirements will not result in 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. The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 6. Effective Date. This Ordinance shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of ____ 2026.
Helen Tran, Mayor
City of San Bernardino
Ordinance No. 1669
3 Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Albert J. Maldonado, City Attorney
Ordinance No. 1669
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-1669, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held on the 7th day of October, 2026. Ordinance No. MC-1669 was approved, passed and adopted at a regular meeting held the _ day of _____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 21 day of October 2026 Telicia Lopez, CMC, City Clerk