City of Fontana
Action Report
Planning Commission
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0714 Agenda Date: 1/20/2026
Agenda #: PH-B Category: Public Hearing
FROM:
Planning Department
TITLE:
Master Case No. 25-0080 and Municipal Code Amendment No. (MCA) 25-0011: Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) to modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADU) to comply with State of California law, pursuant to a statutory exemption from the California Environmental Quality Act Under Section No. 21080.17 of the Public Resources Code.
RECOMMENDATION:
Based on the information contained in the staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2026 -_____, and forward a recommendation to the City Council to:
1. Determine that the proposed ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”)pursuant to California Public Resources Code section 21080.17 as CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’sADU law and which also regulates JADUs, as defined by section 66313; and,
2. Approve a Resolution recommending the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 25-0011 amend Chapter 30 of the Municipal Code.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Citywide.
REQUEST:
Municipal Code Amendment No. (MCA) 25-0011: a request to amend Chapter 30 of the Fontana Municipal Code that will modify Section No. 30-467 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with State of California law.
PROJECT PLANNER:
Cecily Session-Goins, Associate Planner
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1 ATTACHMENT NO. 2
File #: 26-0714 Agenda Date: 1/20/2026
Agenda #: PH-B Category: Public Hearing
BACKGROUND INFORMATION:
1. In 2025, the California Legislature approved, and the Governor signed into law, three new bills - SB543, AB1154, and AB462 - that further amend State ADU law.
2. On December 9, 2025, the City Council heard and approved Urgency Ordinance No. 1956, which amended Section 30-467, to take immediate effect upon adoption, to comply with recent State Laws adopted. SB543, AB1154 and AB462 will take effect on January 1, 2026, and a non-urgency adoption would take effect after that date. As a result, the urgency ordinance was necessary to avoid the nullification of the city’scurrent ordinance, which contains limited city- specific standards (maximum size of ADUs, some setbacks, prohibition of separate conveyance, etc.).
PROJECT DESCRIPTION:
The city initiated Municipal Code Amendment No. 25-0011 to provide updates to Chapter 30 (Zoning and Development Code), as summarized below.
ANALYSIS:
In recent years, the California Legislature has approved, and the Governor has signed into law several bills that impose new limits on local authority to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). In 2025, the California Legislature approved, and the Governor signed into law, three new bills - SB543, AB1154 and AB462- that further amend state ADU law as summarized below.
The proposed ordinance will amend Section 30-467 of the Fontana Municipal Code to comply with recent changes to State Law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”)and Junior Accessory Dwelling Units (“JADU’s”).In summary, the amendments will provide clear standards for regulating ADU’sand JADU’s,while limiting impacts on the surrounding community.
SB543 - Permitting Timeline and Uniform Standards
SB543 codifies existing guidance from the California Department of Housing and Community Development (HCD). The bill codifies the requirement an initial review of ADU and JAU permit applications must be conducted within 15 business days. It also clarifies that JADUs are to be treated the same as ADUs under permitting guidelines, size, safety and density standards.
AB1154 - Parking Requirements, Owner-Occupancy and Rental Rules Parking Requirements
AB1154 prohibits the city from imposing parking standards for ADUs that are 500 square feet and smaller. This aligns the parking requirements for small ADUs with existing parking exemptions for JADUs.
Owner-Occupancy
Existing law requires that the owner of a property with a JADU must reside on the property. Further, existing law permits JADUs to share sanitation facilities with the primary dwelling. AB1154 eliminates the owner-occupancy requirement for a property containing a JADU if the JADU has separate City of Fontana Printed on 1/14/2026Page 2 of 3
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2 File #: 26-0714 Agenda Date: 1/20/2026
Agenda #: PH-B Category: Public Hearing
sanitation facilities from the main dwelling unit.
Rental Rules
Existing law prohibits ADUs from being used for short-term rental purposes. However, existing law did not explicitly extend that prohibition to JADUs. AB1154 explicitly prohibits the use of a JADU for short-term rentals and requires that the rental term be longer than 30 days.
AB462 - Certificate of Occupancy Timing
Typically, the certificate of occupancy for an ADU or JADU may not be issued prior to the certificate of occupancy for the primary dwelling unit on the same site. However, AB462 provides a limited exception in cases where there is a State-declared emergency, subject to certain conditions.
Environmental:
Under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 Division 1 of Title 7 of the California Government Code, which is California’sADU law, and which also regulates JADUs as defined by Section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
Attachment No. 1 - Planning Commission Resolution
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
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3 RESOLUTION No. PC 2026 -
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA, CALIFORNIA, RECOMMENDING THAT THE FONTANA CITY
COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS TO
SECTION 30 -467 OF THE FONTANA MUNICIPAL CODE PERTAINING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS, PURSUANT TO A STATUTORY EXEMPTION FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.
WHEREAS, pursuant to Government Code section 3 7100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and
WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify and recodify its ordinances; and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate accessor y dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, Senate Bill 543 ("SB 543"), Assembly Bill 1154 (“AB 1154”) and Assembly Bill 462 (“AB 462”), which further amend state ADU law;
WHEREAS, SB543, AB1154, and AB462 take effect on January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of SB543, AB1154, and AB462; and
WHEREAS, through Municipal Code Amendment (“MCA”) No. 25 -0011, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“FMC”); and
WHEREAS, the General Plan includes policies and actions calling for numerous updates to the FMC; and
WHEREAS, Section 30-467. – Accessory dwelling units and junior accessory dwelling units should be amended to reflect State law; and
WHEREAS, on December 9, 2025, the City Council approved Urgency Ordinance No. 1976, which went into effect on January 1, 2026, as the city’s regulations on ADUs and JADUs would have been null and void had an urgency ordinance not been adopted, and which the proposed code amendment would replace; and
WHEREAS, on January 20, 2026, the Planning Commission carefully considered all information pertaining to the municipal code amendments, including the staff report, and all the information, evidence, and testimony presented at its public hearing on January 20, 2026; and
ATTACHMENT NO. 1
4 Resolution PC 2026-
WHEREAS, the amendments are consistent and compatible with the General Plan and that the updates are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and
WHEREAS, the amendments will be in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and WHEREAS, the amendments to the FMC that are attached hereto as Exhibit “A” and incorporated herein by this reference will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, and will better express the City’s policies, and generally promote good land use planning and regulation; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission RESOLVES as follows:
Section 1 . Recitals. The above recitals are true, correct and incorporated herein by reference.
Section 2. CEQA. The Planning Commission recommends that the City Council find that, under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313.
Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. Municipal Code Amendment. The Planning Commission hereby makes the following finding for MCA No. 25 -0011 in accordance with Section 30 -45(b) “Hearing-Planning Commission” development code amendments of the Fontana Zoning and Development Code:
Finding: The proposal substantially promotes the goals of the City’s general plan.
Finding of Fact: The Municipal Code Amendment permanently codifies the previously approved urgency ordinance. The Municipal Code Amendment aligns the municipal code with State of California law as it pertains to accessory dwelling units and junior accessory dwelling units. As such, the amendment will promote the General Plan goal of adequate housing to meet the needs of all residents in Fontana.
Section 4. Recommendation of Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving MCA No. 25-0011 to amend Chapter 30 of the City Code as indicated in Exhibit “A” which is attached hereto and incorporated herein by reference.
Section 5. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
5 Resolution PC 2026-
Section 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.
Section 8. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect an y other provisions or applications of this Resolution that can be given effect without the invalid provision or application.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 20th day of January 2026.
City of Fontana
Idilio Sanchez, Chairperson
ATTEST:
I, Joseph Armendarez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 20th day of January 2026, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph Armendarez, Secretary
6 Resolution PC 2025-
“EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout) Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (a) Purpose; application.
(1) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code §§ 65852.2 and 65852.22.
(2) Application. This section applies to all ADUs and JADUs for which a complete application is submitted on or after January 1, 2025. If a complete ADU or JADU application is submitted prior to that date, the applicant may elect in writing to proceed under the city's ADU regulations that were in effect at submittal; otherwise, this section governs. For purposes of this paragraph, a complete application includes an application that is deemed complete under state law. (b) Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This d oes not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) Accessory dwelling unit or ADU means a n attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code § 18007.
(2) Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) Reserved.
7 Resolution PC 2025-
(4) Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.
(5) Efficiency kitchen means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(6) Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (c)(5) above. (7) Livable space means a space in a dwelling intended for human habitation. including living, sleeping, eating, cooking, or sanitation.
(8) Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (9) Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
(10) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(11) Proposed dwelling means a dwelling that is the subject of a permit application an d that meets the requirements for permitting.
(12) Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, ru n on fixed routes, and are available to the public.
(13) Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (14) Total floor area means the total floor area of the AD U or JADU, inclusive of all habitable and nonhabitable areas of the structure, including, but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
8 Resolution PC 2025-
(1) Building-permit only If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
a. Converted on lot with single -family. One ADU as descri bed in this subsection (d)(1)(a) and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:
1. Is either: within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
2. Has exterior access that is independent of th at for the single -family dwelling; and
3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
4. The JADU complies with the requirements of Government Code §§ 66333 through 66339.
b. Limited deta ched on lot with single -family. One detached, new -construction ADU on a lot with a proposed or existing single -family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(a) above), if the detached ADU satisfies each of the following limitations:
1. The side- and rear-yard setbacks are at least four feet.
2. The total floor area is 800 square feet or smaller.
3. The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.
c. Converted on lot with multi-family. One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with st ate building standards for dwellings. Under this subsection (d)(1)(c), at least one converted ADU is allowed within an existing multi -family dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units. d. Limited detached on lot with multi-family. No more than two detached ADUs on a lot that a proposed multi-family dwellings, or up to eight detached ADUs on a lot with existing multi-family dwellings, if each detached ADU satisfies all of the following:
1. The side- and rear-yard setbacks are at least four feet. If the existing multi- family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi -family dwelling as a condition of approving the ADU.
2. The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.
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3. If the lot has existing multi -family dwellings, the quantity of detached AD Us does not exceed the number of primary dwelling units on the lot. (1)(2) ADU permit. Ministerial ADU and Building Permits Required. Every ADU and JADU requires and ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. a. Except as allowed under subsectio n (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance.
The ADU-permit processing fee is determined by the director of planning and approved by the city council by resolution.
(2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the Director of Planning and approved by the City Council by resolution. (3) Process and timing.
a. No discretion or hearing. An ADU permit is considered and approved ministerially, without discretionary review or a hearing. b. Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.
(ii) Incomplete items. If the city’s determination under subsection 0 above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
(iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identi fied in its original notice. The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (b), the application or resubmitted application is deemed complete for the purposes of subsection (d) (3)(c) below.
(vi) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written 10 Resolution PC 2025-
appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
b. c. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
1. The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay, or
2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single -family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. d. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60 -day time period established by subsection (d)(3)(c) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. e. Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (e)
(1) Class 1: Statutorily Regulated . Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(a) may be combined with an ADU approved under subsection (e)(1)(b), and ADUs approved under subsection (e)(1)(c) may be combined with ADUs approved under subsection (e)(1)(d). a. Converted on Lot with Single-Family: One ADU as described in this subsection 0 and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single -family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 11 Resolution PC 2025-
additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the single -family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single -family dwelling, if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (2) The total floor area is 800 square feet of livable space or smaller. (v) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
c. Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, baseme nts, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 0, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the appli cable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (2)Class 2: Locally Regulated. Class 2 ADUs are approved u nder Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below. (e)(f) General ADU and JADU requirements. The following requiremen ts apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.
12 Resolution PC 2025-
a. A Class 1 ADU approved under subsection (e)(1) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone.
b. A Class 2 ADU approved under subsection (e)(2) above An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single -family dwelling residential use or mult i-family dwelling residential use.
c. In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single -family or multi-family dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single -family or m ulti-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multi -family dwelling that has more than one s tory above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories. e. For purposes of this subsection (e)(2), height is measured from existing legal grade to the peak of the structure.
(3) Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.
This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single - family lot) or from the lot and all of the dwellings (in the case of a multi-family lot). (6) Septic system. If the ADU or JADU will connect to an onsite wastewater -treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. 13 Resolution PC 2025-
(7) Owner occupancy.
a. ADUs. ADUs created under this section on or after January 1, 2020, are not subject to an owner occupancy requirement.
b. JADUs. As required by state law, all JADUs are subject to an owner-occupancy requirement when sanitation facilities are shared with the primary dwelling on the site. JADUs with independent sanitation facilities are not subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property. In either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner- occupancy requirement in this subsection (e)(7)(B) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed restriction. Prior to issuance of a building permit for an ADU or a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the planning department. The deed restriction must run with the l and and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code § 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the dDirector or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including , but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Reserved.
(10) Building and sSafety.
a. Must comply with building code. Subject to subsecti on (e)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. 14 Resolution PC 2025-
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or code compliance department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(11) Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Limited Exception for State -declared Emergencies. Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. (iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 1,200 square feet.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
a. An ADU that is subject to this subsection (f) must conform to an 18 -foot front- yard setback, subject to subsection (f)(1)(c) above.
b. An ADU that is subject to this subsection (f) must conform to four-foot side- and rear-yard setbacks.
15 Resolution PC 2025-
c. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.
(3) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (4) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(5) Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
b. Exceptions. No parking under subsection (f)(4)(a) is required in the following situations:
1. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.
2. The ADU is located within an architecturally and his torically significant historic district.
3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(a) above.
4. When on -street parking permits are required but not offered to the occupant of the ADU.
5. When there is an established car share vehicle stop located within one block of the ADU.
6. When the permit application to create an ADU is submitted with an application to create a new single -family or new multi -family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above.
c. No replacement. When a garage, carport, covered parki ng structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off -street parking spaces are not required to be replaced.
(6) Architectural requirements.
a. The materials and colors of t he exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
16 Resolution PC 2025-
e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fe ncing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(7) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU, and adjacent parcels as follows:
a. At least one 15 -gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought tolerant.
(8)(7) Historical protections. An ADU that is on or within 600 feet of r eal property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(9)(8) Allowed Stories. No ADU subject to this subsection (f) may have more than one story, except that an A DU that is attached to the primary dwelling may have the stories allowed under subparagraph (e)(2)(D) of this section. (g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size.
For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 6 6477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility fees.
a. If an ADU is constructed with a new single -family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (g)(2)(a), converted ADUs on a single-family lot that are created under subsection (d)(1)(a) above are not required to have 17 Resolution PC 2025-
a new or separate utility connection di rectly between the ADU and the utility.
Nor is a connection fee or capacity charge required.
c. Except as described in subsection (g)(2)(a), all ADUs that are not covered by subsection (g)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage -fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(h) Nonconforming zoning code conditions, building code violations, and unpermitted structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020. a. Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
1. The ADU or JADU violates applicable building standards, or
2. The ADU or JADU does not comply with the state ADU or JADU law or this ADU ordinance (Section 30-467).
b. Exceptions.
1. Notwithstanding subsection (h)(2)(a) above, the city may deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in Health and Safety Code § 17920.3.
2. Subsection (h)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.
(Ord. No. 1830, § 8(Exh. A), 6-9-20; Ord. No. 1910, § 3(Exh. A), 12-13-22; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1959, § 3(Exh. A), 12-12-24)
18 Notice of Exemption FORM “A”
ATTACHMENT NO. 2
NOTICE OF EXEMPTION
TO:
☒
Office of Land Use and Climate
Innovation
State Clearinghouse
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Fontana
Address: 8353 Sierra Ave,
Fontana CA 92335
Telephone: 909-350-6568
☒
Clerk of the Board of Supervisors
or
County Clerk (Include County
name)
Address:
1. Project Title: Master Case No. 25-0080, Municipal
Code Amendment No. 25-0011
2. Project Applicant (include address,
telephone number and email address):
City of Fontana, Planning Department,
8353 Sierra Avenue, Fontana, CA 92335,
Cecily Session-Goins, Associate
Planner, (909) 350-6723,
[email protected]
3. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):
Citywide
4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino
5. Description of nature, purpose, and
beneficiaries of Project:
The project is Municipal Code
Amendment No. 25-0011 - Fontana
Municipal Code amendment to Chapter
30 (Zoning and Development Code )
pertaining to accessory dwelling units
and junior accessory dwelling units.
6. Name of Public Agency approving
project:
City of Fontana
7. Name of Person or Agency undertaking
the project, including any person
undertaking an activity that receives
financial assistance from the Public
Agency as part of the activity or the
person receiving a lease, permit,
license, certificate, or other entitlement
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6718
19 Notice of Exemption FORM “A”
of use from the Public Agency as part of
the activity:
8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.
State type and section
number:
(f) ☒ Statutory Exemption.
State Code section number:
This Ordinance is not a project pursuant to
Section 15060(c), 15061(B)(3) (the
common-sense exemption) and 15378 of
the State of California Environmental
Quality Act Guidelines, because it does not
have potential for resulting in physical
change in the environment, directly or
indirectly. Where it can be with certainty that
there is no possibility that the activity in
question may have a significant effect on
the environment, the activity is not subject
to CEQA.
(g) ☐ Other. Explanation:
9. Reason why project was exempt: This project is a citywide amendment to Chapter 30 of the Zoning and
Development Code regarding accessory
dwelling units and junior accessory
dwelling units.
10. Lead Agency Contact Person:
Telephone:
Cecily Session-Goins, Associate Planner
909-350-6723
11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.
12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐
If yes, the date of the public hearing was: January 20, 2026
Date:
20 Notice of Exemption FORM “A”
________________________________
Signature
Name: Rina Leung
Title: Senior Planner
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 21 NOTICE OF PUBLIC HEARING
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons wi th a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:
MASTER CASE NUMBER (MCN) NO. 25-0080;
MUNICIPAL CODE AMENDMENT (MCA) NO. 25-0011
A request to amend Fontana Municipal Code Chapter 30, Section 30-467 regarding Accessory Dwelling Units and Junior Accessory Dwelling Units, to comply with recent changes in State Law.
Environmental Determination: The proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to the proposed ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Public Resources Code section 21080.17 as CEQA does not apply to the adoption of an or dinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313.
Project Location: Citywide
Date of Hearing: January 20, 2026
Place of Hearing: Steelworkers’ Auditorium, 8437 Sierra Avenue, Fontana, CA 92335
Time of Hearing: 6:00 p.m.
Should you have any questions concerning this project, please contact Cecily Session -Goins, Associate Planner, at (909) 350-6723 or by email at [email protected].
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND
ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE ENGINEER LISTED ABOVE.
IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM,
YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT
THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
ATTACHMENT NO. 3
22 AVISO DE AUDIENCIA PÚBLICA
En cumplimiento con la Sección No. 202 de la Acta de Americanos con Discapacidades de 1990 (42 USC Sec. 12132) y las reglas y regulaciones federales adoptadas en la implementación de esta, la agenda de esta audiencia estará disponible en formatos alternativos apropiados para las personas con una discapacidad. Si necesita asistencia especial para participar en esta audiencia, comuníquese con el Departamento de la Secretaria Municipal llamando al (909) 350 7602. La notificación deberá realizarse 48 horas antes de la audiencia para permitir que la Ciudad haga arreglos razonables para garantizar la accesibilidad a esta audiencia.
SE HA PROGRAMADO UNA AUDIENCIA PÚBLICA ANTE LA COMISION DE PLANIFICACION DE LA CIUDAD DE FONTANA PARA LO SIGUIENTE:
MCN No. 25-0080; MCA No. 25-0011
Una enmienda al Codigo Municipal de Fontana Capitulo 30, Seccion 30-467 relativa a las unidades de vivienda accessorias (ADU) y unidades de vivienda accessorias junior (JADU) para que cumpla con los recientes cambios en la legislacion estatal.
Determinacion Ambiental: La ordenanza propuesta está categóricamente exenta de la Ley de Calidad Ambiental de California (“CEQA”) y también está exenta por disposición legal conforme a la sección 21080.17 del Código de Recursos Públicos de California, ya que CEQA no se aplica a la adopción de una ordenanza por parte de una ciudad o condado que implemente las disposiciones del Artículo 2 del Capítulo 13 de la División 1 del Título 7 del Código de Gobierno de California, que corresponde a la ley de California sobre Unidades de Vivienda Accesorias (ADU) y que también regula las Unidades de Vivienda Accesorias Junior (JADU), según se definen en la sección 66313.
Ubicación de la Propiedad : En toda la ciudad
Fecha de Audiencia: 20 de enero del 2026
Lugar de Audiencia: Steelworkers’ Auditorium, 8437 Sierra Avenue, Fontana, CA 92335
Hora de Audiencia: 6:00 p.m.
Si tiene alguna pregunta sobre este proyecto, comuníquese al (909) 350-6728 o por correo electrónico al [email protected].
Cualquier persona o grupo interesado en aportar información lo puede hacer mediante una carta o correo electrónico dirigido a la Comision de Planificacion al [email protected] La solicitud y la documentación Ambiental esta disponible para inspección en las Oficinas de Ayuntamiento de la Ciudad de Fontana.
Si usted contradice ante el tribunal cualquier acción tomada con respecto a un tema de la Audiencia Pública, usted puede estar limitado a plantear solamente aquellas cuestiones que usted o alguien mas planteo en la Audiencia Publica mencionada en este aviso o por correspondencia escrita a la Ciudad de Fontana antes de la fecha de la Audiencia establecida en este aviso.
Publish: January 9, 2026
Fontana Herald News
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