Mayor and City Council
December 3, 2025

DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development and Housing Department: Community Development & Housing
Subject: Status on the General Plan Update
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the status of the General Plan Update and provide additional direction to staff, as needed.

City Manager's Comments
This item is to provide an update to the City Council on the status of the General Plan update.

Executive Summary
Since 2019, the City has received funds towards the preparation and completion of the General Plan Update. The funds, received from various sources, including a 2023 $634,825.09 budget amendment, totals $4,75,825.09.

Total Funding Sources
State Assembly $3,000,000.00
SB 2 Grant $625,000.00
LEAP Grant $500,000.00
Amendment No. 2 $634,825.09
Total Funding Allocated $4,759,825.09
To date, the City has expended a total of $3,802,729.57, including all grant funding ($1,125,000). Project performance deadlines are still associated with the grant funds, and the City has until the end of the year to complete projects budgeted under the Packet Page. 1498

award. A total of $957,095.52 remains unspent.

This update is to inform the Mayor, City Council, stakeholders, advisory committees affiliated with the General Plan Update, and members of the community, with the where the project currently stands. It is anticipated that most, if not all, of the elements of the General Plan will be delivered by December 2025.

Background
On November 16, 2019, the Mayor and City Council adopted Resolution 2019-320 authorizing the City Manager to enter into an agreement with the State of California to receive $3,000,000.00 for an update to the City’s General Plan. Attachment 1, is the letter from Assemblymember Ramos initiating that funding.

On April 7, 2020, the city released an RFP for the General Plan and Development Code update.

The City received a total of six responses to the RFP. One response was only for the creation of the Downtown Specific Plan and was eliminated from further consideration.

Remaining submittals ranged in price from $2,211,510 to $3,621,484. The bid submitted by PlaceWorks was for $3,597,985.

On May 29, 2020, the City received approval of a $625,000.00 reimbursable grant to assist in the General Plan project. The original term ran through December 21, 2022, but was extended to December 31, 2023. To date, the entirety of the grant has been expended and fully reimbursed to the City. While reimbursement of the grant has been completed, the City remains obligated to complete all funded projects by December 31, 2025.

On September 16, 2020, the City entered into a Professional Services Agreement (Resolution No. 2020-231 – Attachment 3) with PlaceWorks for a comprehensive update to the General Plan, creation of a Downtown Specific Plan, and update to the Development Code. On March 22, 2021, the City signed and accepted the Project Guidance Document prepared by PlaceWorks. At that time, the project schedule was designated for final adoption in Spring 2023.

On July 21, 2021, the City Council adopted Resolution No. 2021-191 – Attachment 5), authorizing the city to accept the Local Early Action Planning (LEAP) Grant funds in the amount of $500,000.00. To date, the entirety of the grant has been expended and fully reimbursed to the City. As with the SB 2 Grant, reimbursement of the LEAP Grant has been completed and the City is set to complete all funded projects by December 31, 2025.

On May 4, 2022, concurrent with the allocation of the LEAP Grant funds, a request was made for additional funding ($297,323.00) to be used for expanded public outreach. The City Council denied the request for additional funding.

Budget Augmentation
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On March 21, 2024, the City received a budget augmentation request from PlaceWorks for additional funds to be allocated to the General Plan project. The funds request totaled $474,684.03, and are broken down as follows:

Housing Element (already accrued) – $199,298.75
2022 and 2023 Annual Progress Reports (already accrued) – $20,028.00 Environmental Justice Element – $157,077.25
Project Administration and Management – $98,280.03
On May 1, 2023, the Mayor and City Council approved Amendment No. 2 to the professional services agreement authorizing $634,825.09 in additional funding for the General Plan project. To date, the funds allocated with this amendment represent the only fiscal impact to the City.

On May 1, 2023, the Mayor and City Council approved Amendment No. 2 to the professional services agreement authorizing $634,825.09 in additional funding for the General Plan project. To date, the funds allocated with this amendment represent the only fiscal impact to the City.

The additional funding is intended to cover current accrued costs and future costs for labor and work products related to:
(a) the final publication of the State Department of Housing and Community Development (HCD) certified 2021-2029 Housing Element;
(b) preparation of the 2050 Environmental Justice Element (EJ); (c) preparation and completion of the City’s General Plan update; and (d) project administration and coordination for the extension of the schedule for completion of the work products beyond the previously City-confirmed timeframe of March 2023.

Discussion
As part of the General Plan Update process, the City established some committees to provide guidance through the process and review components of documents.

GPAC
General Plan Advisory Committee (GPAC) held their first meeting on July 15, 2021, and the last meeting was on May 1, 2023.

DTAC
The Downtown Specific Plan Advisory Committee (DTAC) meetings were held between July 28, 2021, and ran regularly through August 2022.

The draft land use plan was provided by PlaceWorks fall of 2022. This plan was generated based on input from Staff and the cumulative input received through numerous community-based workshops.

After the city was sued in February 2023 over the failure to adopt a compliant Housing Element for the 6th Cycle, staff’s focus shifted from preparation of the Downtown Packet Page. 1500

Specific Plan and remaining sections of the General Plan to focusing on the completion and adoption of the Housing Element. The 2021-2029 Housing Element has been completed and was adopted by the City Council on February 21, 2024. Staff submitted the 2024 Annual progress Report (APR) to HCD on April 1, 2025.

At present time, Staff is bringing the comprehensive General Plan Update and the Downtown Specific Plan for adoption by the Mayor and City Council, consistent with the performance standards associated with the City’s grant funding.

Delivery of the Development Code is being slightly delayed.

EIR
The Scoping Meeting for the Environmental Impact Report (EIR) was held on July 30, 2025. When complete, the EIR will address the General Plan, DTSP, and Development Code.

LHMP
Local Hazard Mitigation Plan – The LHMP was adopted by the Mayor and City Council on May 7, 2025.

Truck Route Study
A truck route plan has been prepared and was presented to the Planning Commission on November 10, 2025, in accordance with the requirements of Assembly Bill 98 (AB) which requires approval of the Truck Route by December 2025. The associated code amendment will be presented to the Mayor and City Council on December 3, 2025.

Elements of the General Plan
The General Plan Update includes the following elements:
❖ Safety
❖ Environmental Justice
❖ Historical Preservation
❖ Energy and Water Conservation
❖ Land Use
❖ Public Facilities and Services
❖ Parks, Recreation, and Trails
❖ Utilities and Infrastructure
❖ Open Space and Conservation
❖ Economic Development
❖ Circulation and Mobility
❖ Noise
Public drafts of completed elements have been posted to the project website (http://futuresb2050.com).

Downtown Specific Plan
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The Downtown Specific Plan is a form-based code that is intended to define the future development of the downtown area. The plan encompasses an area bound broadly by I-215 (west), 8th Steet (north), Sierra Way (east), and the railroad south of Rialto Avenue (south).

The plan is broken up into nine (9) districts to help distinguish the existing characteristics of the residential neighborhoods in the north, SB County property, the downtown core, etc. Residential densities are to be increased up to 35 du/acre in the northern residential areas and 100+ du/acre in the core. Consistent with form-based intentions, land uses will be expanded with the primary intent of limiting heavy industrial manufacturing and logistic use, while opening up allowances elsewhere.

Development Code
The existing Development Code was originally adopted in 1991 and has been amended consistently to present date.

The new Development Code is being structured as a replacement to the existing code rather than an update. Among the major changes, the new Development Code will include a consolidated and updated land use matrix and updated definitions that will better reflect the pivot in commercial and office development.

Residential densities will be updated across the board to assist the City in complying with our Regional Housing Needs Allocation (RHNA). Additional procedural changes will be implemented to help streamline review processes and create enhanced methods for public information and involvement during project review.

The Environmental Impact Report (EIR) is currently being written and planned for public review I Q1 2026, with adoption hearing to follow through Q2 2026. 2021-2025 Strategic Targets and Goals
The update of the General Plan, the Development Code, the Downtown Specific Plan, and the Truck Route Study aligns with Key Target Goas No. 3: Improved Quality of Life and 4(b) Economic Growth and Development – Update the General Plan and Development Code. Specifically, the General Plan Update and the associated Development Code, Downtown Specific Plan and Truck Route Study will help guide development in the City of San Bernardino, which will spur economic development. It will also ensure consistency with the City’s land use designations as required by the General Plan.

Fiscal Impact
There is no fiscal impact related to this update. However, the budget augmentation had a $634,825.09 impact on the 2024/2025 budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the status of the General Plan Update and Packet Page. 1502

provide addition direction to staff, as needed.

Attachments
Attachment 1. Assemblymember Ramos’ Letter
Attachment 2. Resolution No. 2019-320
Attachment 3. Resolution No. 2020-231
Attachment 4. Resolution No. 2021-062
Attachment 5. Resolution No. 2021-191
Attachment 6. General Plan Progress Report
Attachment 7. General Plan Update PPT
Ward:

All Wards
Synopsis of Previous Council Actions:

On November 6, 2019, the Mayor and City Council adopted Resolution 2019-320 authorizing the City Manager to enter into an agreement with the State of California to receive $3,000,000.00 for an update to the City’s General Plan.

On April 7, 2020, the city released an RFP for the General Plan and Development Code update, with submittals due by May 21, 2020. In consultation with prospective consultants prior to submission, the City provided the (at that time) funding for the project totaling $3,625,000.

On May 29, 2020, the City received approval of a $625,000.00 reimbursable grant to assist in the General Plan project. The original term ran through December 31, 2022, but was extended to December 31, 2023. To date, the entirety of the grant has been expended and fully reimbursed to the City. While reimbursement of the grant has been completed, the City remains obligated to complete all funded projects by December 31, 2025.

On September 16, 2020, the City entered into a Professional Services Agreement (Resolution No. 2020-231) with PlaceWorks for a comprehensive update to the General Plan, creation of a Downtown Specific Plan, and update to the Development Code.

On March 22, 2021, the City signed and accepted the Project Guidance Document as prepared by PlaceWorks. At that time, the project schedule was designed for final adoption in Spring 2023.

On July 21, 2021, the City Council adopted Resolution No. 2021-091, authorizing the City to accept the Local Early Action Planning (LEAP) Grant funds in the amount of $500,000.00. These funds were later allocated to the project budget through Amendment No. 1 on May 4, 2022. To date, the entirety of the grant has been expended and fully reimbursed to the City. As with the SB 2 Grant, reimbursement of the LEAP Grant has been completed and the City is set to complete all funded projects Packet Page. 1503

by December 31, 2025.

On May 1, 2022, the Mayor and City Council approved Amendment No. 2 to the professional services agreement authorizing $634,825.09 in additional funding for the General Plan project. To date, the funds allocated with this amendment represent the only fiscal impact to the City. The additional funding is intended to cover current accrued costs and future costs for labor and work products related to the (a) final publication of the State Department of Housing and Community Development (HCD) certified 2021-2029 Housing Element, (b) preparation of the 2050 Environmental Justice Element (EJ), preparation and completion of the City’s General Plan update, and (d) project administration and coordination for the extension of the schedule for completion of the work products beyond the previously City-confirmed time-frame of March 2023.

On May 4, 2022, concurrent with the allocation of the LEAP Grant funds, a request was made for additional funding ($297,323.00) to be used for expanded public outreach. The City Council denied the request for additional funding. To date, no additional amendments have been proposed.

On March 21, 2023, the City received a budget augment request from PlaceWorks for additional funds to be allocated to the General Plan project. These funds total $474,684.03, and are broken down as follows:
• Housing Element (already accrued) – $199,298.75
• 2022 and 2023 Annual Progress Reports (already accrued) – $20,028.00 • Environmental Justice Element – $157,077.25
• Project Administration and Management – $98,280.03
CC: Eric Levitt, City Manager
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Resolution No. 2019- 320
RESOLUTION NO. 2019- 320

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ENTER INTO

AN AGREEMENT WITH THE STATE OF CALIFORNIA

FOR A GENERAL PLAN UPDATE
WHEREAS, on October 1, 2019, the Mayor and City Council received a pending agreement with the State of California to receive a $ 3, 000, 000 budget appropriation for a General Plan Update; and
WHEREAS, considering the fact that the General Plan was last updated in 2005, is slightly outdated, and is in need of a complete update, the comprehensive update to the General Plan is a critical components in the future financial health of the community by establishing long-range development policies; and
WHEREAS, a comprehensive update to the General Plan will provide vision and direction needed to foster smart growth and development in the community.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.-

SECTION
eference:

SECTION 2. The Mayor and City Council hereby authorize the City Manager to enter into an agreement with the State of California for a General Plan Update, and SECTION 3. The Mayor and City Council hereby authorize the Finance Director to amend the FY 2019-20 adopted budget to include $3, 000,000 in account number 123- 180-8742- 4696. There is no General Fund appropriation required for this action.

SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (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. Where it can be seen with certainty, as in this case, 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.

SECTION 5. Severability. If any provision of this Resolution 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 ofthis Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2019- 320
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6'
h
day ofNovember, 2019.

Attest:

Georgeann HanIk MMC, City(Clerk
Approved as to form:
6=-- -,.-
GaryGary D. Saenz, City Attorney
Mayor
mardino
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Resolution No. 2019- 320

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-320, adopted at a regular meeting held at the 6th day ofNovember, 2019 by the following vote:

Council Members:

SANCHEZ

AYES NAYS ABSTAIN

IBARRA X

FIGUEROA

SHORETT X

NICKEL X

RICHARD
MULV F1ILL
wi . TO " N.
0 WITNESS my hand and official seal of the City of San Bernardino this 6a`
day of November
2019.

Georgeann Ha a, MMC, c1tyederk
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GENERAL PLAN, DOWNTOWN SPECIFIC PLAN, DEVELOPMENT CODE,

AND ENVIRONMENTAL IMPACT REPORT

WORK COMPLETED TO DATE AND PROJECT STATUS
April 8, 2024

OVERVIEW
The schedule for completion of the General Plan, Downtown Specific Plan, Development Code, and Environmental Impact Report has been impacted by many factors. Firstly, there have been significant changes in the contractual scope of work, work products, and level of staff and consultant effort required to address new legislation enacted by the State regarding Plan content. Secondly, the legal challenges to the submittal and content of the Housing Element have posed additional challenges and new strategies. Thirdly, the extended time period allocated for public review and comment on the draft updated Land Use Plan Diagram have to be accommodated, and lastly, the shift from online public events during the pandemic to in person workshops and events have required additional coordination.

Specifically, the time frame for preparation a 2021-2029 Housing Element that would successfully receive a statement of compliance with Housing Law from the State Department of Housing and Community Development (HCD) exceeded the project schedule incorporated in the contractual agreement and required the reassignment of City staff from other programmed General Plan work tasks. Ultimately, the Housing Element required a different approach than originally envisioned. Due to multiple lawsuits from the ACLU, Inland Counties, Public Law, and California Attorney General’s office, the City’s schedule was subject to a stipulated judgement. The City successfully achieved its stipulated timeline and adopted a compliant Housing Element, even though one-third of all cities in the southern California region are still out of compliance with state law. The City also successfully navigated new challenges to the Housing Element, including fair housing laws and multiple reviews by HCD.

With HCD’s certification, the project team can now move forward with completing the remaining work tasks and products and anticipate that these can be published for public review in late 2024.

SUMMARY OF PROGRESS IN COMPLETING WORK PRODUCTS
The following summarizes the status of the principal work products described in the approved Scope of Work and modifications approved and/or otherwise directed by the City of San Berardino:

Task 1: Project Foundation, Initiation, and Coordination Since project inception, over 500 conference calls and in-person and Zoom project coordination meetings have been conducted with City staff, considerably exceeding those specified in the Packet Page. 1518
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contractual agreement between the City and PlaceWorks. Regularly scheduled project management calls are scheduled weekly, in addition to the meetings/calls to address specific work products.

Task 2: Existing Conditions Background Report
The completed products of this task encompass a series of technical studies documenting the baseline of data and analyses that contribute to the description of issues and opportunities to be addressed in writing the General Plan’s goals, policies, and implementation programs. Their narratives, tables, charts, maps, and other content also provide the substantive foundation for the Existing Setting section of the project’s Environmental Impact Report. These studies are documented in the project files and generally address the following topics:
a. Population and Demographics.
b. Land Use: Existing uses, general plan and zoning designations and standards, pending and approved development projects, opportunity areas for change, and implications for climate change.
c. Housing: Incorporates all information required by State Law including assessment of existing housing and needs, constraints, fair housing, sites, and existing programs. (Note that this database was incorporated into the HCD approved Housing Element). d. Historic Resources: Historical perspective, identification and mapping of historic sites and buildings.
e. Infrastructure and Public Services: Mobility and circulation (automobile, transit, bicycle, and pedestrian; traffic volumes; vehicle miles traveled), police and fire, parks and recreation, and education/schools.
f. Economy and Jobs: Structure of the local economy, national trends, labor force, economic development assets, and market demands (residential, commercial, industrial, and visitorserving). g. Natural Environment: Biological resources, critical species, and habitat; cultural resources; air quality; and climate change.
h. Hazards and Vulnerability: Geology and seismicity, flooding, fire and wind, evacuation routes, and noise.
i. Environmental Justice: A health and environmental justice included documentation of key health conditions of residents, disadvantaged areas subject to pollution, and an assessment of the condition of physical, economic, social, and other determinants of health.

Task 3: Public Outreach Strategy
More than 90 public engagement stakeholder meetings, workshops, pop-up events, webpage surveys, and other meetings have been completed to date. Among these are:
a. Ward-Based Workshops. Two rounds of workshops were conducted in each of the seven City Council Wards; the first providing the opportunity for the community to discuss their perceptions of citywide and local issues, needs, and opportunities and provide input for developing a vision for the future and the second engaging participants an interactive exercise Packet Page. 1519
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to identify locations in their Ward where new housing, commercial, and other development and parklands should be targeted. This input was used in developing the preliminary land use plan diagram.
b. Downtown Workshops: Three workshops have been conducted in developing a vision and preliminary land use and urban form plans mobility, infrastructure, and public realm/open space plans, development standards, design guidelines, and implementation programs. c. Pop-Up Workshops. The planning team hosted “pop-up” events, or interactive exercises, at five scheduled community events to gather public input about topics relevant to the General Plan. These included the San Bernardino Food Fest, Back to School Extravaganza, UPLIFT San Bernardino Community Block Party, Annual Rendezvous Back to Route 66, and SCAG’s Go Human Kit of Parts.
d. General Plan Advisory Committee (GPAC). To date, 18 meetings have been conducted with the committee appointed by the Mayor and City Council as the key public body providing input for the development of a vison statement, land use and mobility plans and goals, policies, and implementation programs for each of the General Plan Elements. e. Downtown Advisory Committee (DTAC). To date, eight meetings have been conducted with the committee appointed by the Mayor and City Council to be the primary public body providing input to and promoting community participation for the preparation of the Downtown Specific Plan.
f. The Community Guide to Planning Initiative. Involved the conduct of two multi-day sessions to enable residents to learn about the history of planning, planning tools, and the decisionmaking process as the foundation for their providing informed input in the visioning and land use planning workshops.
g. Community-Based Organizations. Several meetings were conducted with Community Based Organizations to elicit their support in announcing and attracting participation in the public workshops and, in two cases, serve as facilitators of meetings for which the planning team provided talking points and interactive exercises.
h. Schools. The planning team collaborated with the faculty of two local schools in designing and conducting interactive exercises for the students to create their plans for how lands should be developed in the future.
i. Website. A project website was developed and continues to be periodically updated providing information about the planning project’s purposes and processes, describes how the public can keep informed and be involved, announces dates and locations for participation activities, posts documents developed in the planning process, incorporates surveys for public comment on issues raised and response to draft documents, provides a library of resources including legislative requirements, guidelines, and relevant existing planning documents, and contact information for those seeking additional information. j. Social Media. The City’s social media accounts on Facebook and Instagram provided updates regarding key planning issues and notices of workshops and events.

Task 4. Vision Statement
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The Vision Statement lays the foundation for the development of goals, policies, and implementation programs of the updated General Plan. It is not a statement about today but envisions how the City can evolve based on the needs and values of its residents expressed through multiple forums of public conversation and input. The Vision Statement was adopted by the San Bernardino City Council on March 16, 2022
Task 5. Land Use Plan Update
Working in collaboration with the GPAC, the planning team developed a preliminary updated Land Use Plan Diagram depicting the types, densities/intensities, and development standards to be permitted to the year 2050. It targets growth in the downtown, along transit corridors, and key neighborhood centers and represents a considerable departure in its categorization of uses and densities from the existing plan. These include opportunities and standards for the development of housing in areas historically zoned for commercial and office uses, consistent with recent State legislation. The preliminary Land Use Plan diagram was confirmed by the GPAC at its July 2022 meeting and is posted on the project website for public review and comment.

Task 6. General Plan Update
General Plan Elements Goals, Policies, and Implementation Programs Draft goals, policies, and implementation programs have been completed for the following General Plan Elements:
a. Economic Development: Economic Development Program; Local Economy and Regional Jobs; Economic Activity Centers, Districts, and Corridors; Supporting Personnel and Social Potential, and Fiscal Resilience.
b. Public Facilities and Services: Police and Fire, Education, Visual and Performing Arts, Municipal Facilities and Services.
c. Parks, Recreation, and Trails: Parkland Resources, Programming and Engagement, Park and Facilities Design, Multi-Purpose Trails, and Funding.
d. Conservation and Open Space: Sustainable Development, Biological Resources, Mineral Resources, and Air Quality.
e. Energy and Water Conservation
f. Historic and Archaeological Resources: Preservation and Protection of Historic Resources, Funding, Community Involvement and Education, and Archaeological Resources Protection. g. Safety: Emergency Preparedness and Response, Hazardous Materials and Waste, Flooding and Dam Inundation, Geologic and Seismic Hazards, Wind Hazards, Fire Hazards, Climate Change Hazards.

Preliminary drafts were prepared, reviewed and confirmed with City staff, presented to the GPAC, and revised drafts prepared incorporating revisions in response to GPAC and public comments. These are considered to be 95 percent complete and will be incorporated into the public draft General Plan.

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Housing Element
The 2021-2029 City of San Bernadino Housing Element update was completed and adopted in compliance with state law. The Housing Element update also satisfies the conditions set forth in the Stipulated Final Judgement and Order in Gracia et al v. City of San Bernardino, 2023 that was entered into with the California Attorney General and the Department of Housing and Community Development (HCD). The Housing Element is the product of dozens of meetings with residents, community leaders, stakeholders, and litigants in San Bernardino, including multiple drafts submitted to HCD and extensive analysis of the community’s needs and vision. The Plan addresses the existing and future housing needs for all residents that will also include the production of 8,123 new housing units.

As part of the Housing Element update, the following items were completed:
• Annual Housing Progress Report (2021, 2022, and 2023) • Existing Conditions Report, Housing Needs Assessment (2022) • Draft 2021-2029 City of San Bernardino Housing Element (2023) • Revised drafts (3) of the Housing Element to HCD (2023) • Adopted 2021-2029 City of San Bernardino Housing Element (2024) In addition, additional ordinances and programs were drafted:
• Updated the Density Bonus ordinance
• Rezoned land to accommodate new housing
• Deleted the Crime Free Multi-Housing Program
• Created a new Rental Property Maintenance Program
• Amended the emergency shelter overlay
• Approved emergency shelter projects (Navigation Center, Lutheran Services) • Approved several affordable housing products
Looking forward to 2024, the City will be updating the Development Code to facilitate and encourage the development of housing, including affordable housing.

Task 7. Draft Comprehensive General Plan
General Plan layout and design templates have been completed and submitted to City staff for review.

Task 8. Downtown Specific Plan
The draft Downtown Specific Plan was prepared in consideration of input received from the community in six workshops and pop-up events and eight advisory committee meetings. A multi-day charette was conducted in a downtown venue at which the planning team worked collaboratively with City staff in developing a Vision Statement, land use plan, development standards, and a mobility and infrastructure plan. At periodic points, the charrette was opened for the public, property owners, and business representatives to review and comment on preliminary concepts and recommendations.

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completed and submitted to the City for review in July 2022. A second draft was prepared incorporating revisions in response to the comments received and submitted in July 2023. As of this date, the Plan is considered to be 95 percent complete, waiting for recommendations for final edits from City staff.

Task 9. Development Code
The updated Development Code will be prepared and published concurrent with the Draft General Plan document. To address specific concerns regarding the existing Code related to the Housing Element and state legislation adopted subsequent to project initiation, preliminary work has been completed for the following Code sections:
• Completed preparation of Code land use categories and development standards for implementation of the Downtown Specific Plan.
• Consideration of standards to limit the size and distribution of warehousing in selected industrial zones in response to issues raised by the community. • Identification of land use zone classification and development standard revisions that may be necessary for consistency in implementing the updated General Plan Land Use Diagram and Downtown Specific Plan.
• Consideration of Code changes regarding permitted uses and development standards for compliance with SB 6 and AB 2011, which provide for the development of housing in commercial and office zones.
• Completed preliminary objective design standards for housing in commercial and office zones for compliance with SB 6 and AB 2011.
• Reviewed the existing Development Code to establish levels of approval and proposed uses.

Task 10. Program Environmental Impact Report
Prepared an Addendum to the existing General Plan Environmental Impact Report to allow for the adoption of the 2021-2029 Housing Element.

MOVING FORWARD TO PROJECT COMPLETION
The immediate task in moving to project completion is the finalization of the public draft Land Use Plan. This “triggers” a critical path of tasks involving the following:
• City staff review and confirmation of the Draft Land Use Plan. • GPAC meeting to review staff comments and confirm recommended Plan diagram. • Preparation of the Land Use Element’s goals, policies, and implementation programs to reflect the recommended Land Use Plan Diagram.
• Calculation of the “reasonable” buildout of the Land Use Plan as input for preparation of the General Plan Environmental Impact Report and the following technical studies each of which provides the foundation for the preparation of corollary General Plan elements:
 Traffic modeling of trip generation, distribution, impacts, and vehicle miles traveled.

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 Noise modeling of the projected traffic volumes
 Air quality modeling of the projected traffic volumes. • Preparation of the Mobility Element’s circulation plans (automobile, transit, bicycle, and pedestrian) and goals, policies, and implementation programs correlated with buildout analyses of the draft Land Use Plan Diagram.
• Preparation of the Noise Element’s goals, policies, and implementation programs correlated with traffic impact analyses of the draft Land Use Plan Diagram. • Preparation of the Environmental Justice Element in compliance with the California Attorney General’s Best Practices Guide for SB 1000 (published September 2023) which significantly expands the breadth of analysis beyond the scope described in the contractual work program, clarifies and expands the areas considered disadvantaged, clarifies expectations for significant public input, and requires detailed implementation programs. • Submittal of the completed draft Safety Element to CalFire and State Department of Geology for review and comment.
• Preparation of the Public Draft General Plan incorporating all the above-described elements.

An administrative draft will be submitted for staff review, followed by a screen check draft incorporating revisions in response to staff comments, and any modifications incorporated in a final draft published and posted on the project and City websites for public review. • Preparation of the revised Development Code for consistency with the General Plan Land Use Diagram, applicable policies, and the Downtown Specific Plan. • Preparation, publication, and posting of the Program Environmental Impact Report (PEIR) for public review concurrent with the Draft General Plan.
• Following the public review period, the Draft General Plan, Downtown Specific Plan, Development Code, and PEIR will be submitted for Planning Commission public hearings and recommendation to forward to the Mayor and City Council for approval. • Mayor and City Council public hearings of the Draft General Plan, Downtown Specific Plan, Development Code and PEIR and consideration of Planning Commission recommendations. • Publication and posting of approved plans and certified PEIR.

Based off the outline above, the publication of the Draft General Plan, Downtown Specific Plan, Development Code, and PEIR is anticipated for late October or early November of 2024.

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Financial Status
In 2019, the City accepted $3,000,000 in funds from the State of California as a result of efforts by Assembly Member James Ramos. In 2020, the City received $625,000 in reimbursable funding from the SB2 Grant program. In 2021, the City accepted Local Early Action Planning (LEAP) Grant funds in the amount of $500,000.00. In 2022, the Mayor and City Council approved Amendment No. 2 to the professional services agreement with PlaceWorks authorizing $634,825.09 in additional funding for the General Plan project.

When including all sources allocated to date the total project funding currently resides at $4,759,825.09. To date, the City has expended a total of $3,802,729.57, including all grant funding ($1,125,000). Project performance deadlines are still associated with the grant funds, and the City has until the end of the year to complete projects budgeted under the award. A total of $957,095.52 remains unspent.

Total Funding Sources
State Assembly
$3,000,000.00
SB 2 Grant
$625,000.00
LEAP Grant
$500,000.00
Amendment No. 2
$634,825.09
Total Funding Allocated $4,759,825.09
Packet Page. 1525
The table below outlines the category, description, status, and completion date for each of the General Plan update project elements.

General Plan Update Project Status
ELEMENT CATEGORY Description Status Anticipated
Completion

1. Housing
Element
Mandatory
This is the city's plan for addressing the housing needs of all residents, regardless of income. It analyzes
current housing and sets goals to increase supply for
everyone, including rental, ownership, and emergency
housing.

Completed 6/17/2024

2. Local Hazard
Mitigation Plan
Optional
(but legally tied to the
mandatory Safety
Element)
This is the city's strategy for identifying natural and man-made hazards and taking steps to protect people
and property. Having a plan approved by the Federal
Emergency Management Agency (FEMA) is required
to receive certain federal disaster grants.

Completed 5/7/2025

3. Downtown
Specific Plan
Optional
This plan focuses on a particular area, such as the
downtown, to create a detailed blueprint for its future. It outlines a vision for land use, transportation, and urban design to create a vibrant and unique destination.

In Progress
(Pending
Public
Comment
Period)
12/31/2025

4. Development
Code
Optional
(Best practice is to
update during a
General Plan update)
Also known as the zoning ordinance, this is a set of
rules that regulate what and how things can be built in the city, like building size and height. It implements the policies set forth in the General Plan.

In Progress
(Pending
Public
Comment
Period)
12/31/2025

5. Environmental
Impact Report
(EIR)
Mandatory
(for general plan
updates)
This is a required study that identifies and analyzes the potential environmental effects of a project, like a
general plan update. It informs decision-makers and
the public about the project's impact and possible
ways to reduce them.

In Progress
(Pending
Public
Comment
Period)
1/1/2026

6. Land Use Plan Mandatory
The Land Use Plan is a city-wide map that shows the
designated purpose for every piece of land, such as
residential, commercial, or industrial. It provides a
long-term vision for the city's future physical growth.

In Progress
(Pending
Public
Comment
Period)
-

7. Truck Route
Study
Mandatory
(AB 98)
This study looks at where trucks are driving and
identifies ways to reduce their impact, such as finding alternative routes to keep them away from
neighborhoods or schools. Local governments may be
required to create truck routing plans. AB 98 requires
cities and counties in a designated "Warehouse
Concentration Region" to develop and publish specific
truck routes that avoid sensitive receptors and
residential areas. For counties with a high
concentration of warehouses, like Riverside and San
Bernardino, these updates are required by January 1,
2026.

In Progress
(Pending
Public
Comment
Period)
12/31/2025
Packet Page. 1526

8. Health
Environmental
Justice
Mandatory
(if disadvantaged
communities are
identified)
This element works to reduce health issues for
communities that have historically been exposed to
more pollution. It focuses on making sure all residents have equitable access to clean environments and
public resources.

In Progress
(Pending
Public
Comment
Period)
10/1/2025

9. Economic
Development
Optional
This is the city's plan for fostering a strong local
economy by supporting businesses and creating jobs.

It outlines goals and strategies to attract investment
and improve prosperity.

In Progress
(Pending
Public
Comment
Period)
10/1/2025

10. Circulation and
Mobility
Mandatory
This element focuses on all the ways people and
goods move around the city, including driving, public
transit, walking, and biking. It ensures the
transportation system is efficient, safe, and accessible.

In Progress
(Pending
Public
Comment
Period)
10/1/2025

11. Noise Mandatory
This plan measures the level of noise from sources like highways and industry and sets standards to reduce its
impact. Its goal is to protect residents from excessive noise in sensitive areas.

In Progress
(Pending
Public
Comment
Period)
10/1/2025

12. Public Facilities
and Services
Optional
This covers the planning for and provision of essential public amenities, including schools, libraries, and other community resources. It outlines how the city will
ensure these services can meet the needs of a
growing population.

Public Draft
Posted for
Comments
6/4/2025

13. Parks,
Recreation, and
Trails
Optional
(addressed as part of
Open Space)
This guides the planning, development, and
management of the city's parks, recreational areas,
and trail systems. The mandatory Open Space
Element covers these topics more broadly.

Public Draft
Posted for
Comments
9/2/2025

14. Utilities and
Infrastructure
Optional
(addressed as part of
Circulation)
This addresses the city's essential services, such as
water, power, and sewer systems. The plan ensures
the infrastructure is reliable and can support future
growth.

Public Draft
Posted for
Comments
6/4/2025

15. Public Safety Mandatory
This element outlines the city's plan to protect the
community from natural and man-made disasters,
including earthquakes, floods, and fires. It works to
reduce risks and ensure the safety of all residents.

Public Draft
Posted for
Comments
6/4/2025

16. Cultural
Resources
Optional
This is the city's strategy for identifying and protecting sites, structures, and artifacts with historical or cultural importance. Its goal is to preserve the city's unique
heritage.

Public Draft
Posted for
Comments
6/4/2025

17. Open Space and
Conservation
Mandatory
This element's purpose is to preserve and protect
natural resources, open spaces, and agricultural land.

It ensures the city has designated areas for recreation and conservation.

Public Draft
Posted for
Comments
9/2/2025
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Packet Page. 1528
General Plan Update
Development Process
Diagram
Packet Page. 1529
Packet Page. 1530
General Plan Update
2025
Presented by:

Gabriel Elliott
Director of Community, Development & Housing Packet Page. 1531 Introduction
• Since 2019, the City has received funds towards the preparation and completion of the General Plan Update. The funds, received from various sources, including a 2023 $634,825.09 budget amendment, totals $4,75,825.09.
• To date, the City has expended a total of $3,802,729.57, including all grant funding ($1,125,000). Project performance deadlines are still associated with the grant funds, and the City has until the end of the year to complete projects budgeted under the award. A total of $957,095.52 remains unspent.

Packet Page. 1532
Total Funding Sources
Packet Page. 1533
Background
 On November 16, 2019, the Mayor and City Council adopted Resolution 2019-320 authorizing the City Manager to enter into an agreement with the State of California to receive $3,000,000.00 for an update to the City’s General Plan. Attachment 1, is the letter from Assemblymember Ramos initiating that funding.  On May 29, 2020, the City received approval of a $625,000.00 reimbursable grant to assist in the General Plan project. The original term ran through December 21, 2022, but was extended to December 31, 2023. To date, the entirety of the grant has been expended and fully reimbursed to the City. While reimbursement of the grant has been completed, the City remains obligated to complete all funded projects by December 31, 2025
Packet Page. 1534
Background
 On September 16, 2020, the City entered into a Professional Services Agreement (Resolution No. 2020-231 – Attachment 3) with PlaceWorks for a comprehensive update to the General Plan, creation of a Downtown Specific Plan, and update to the Development Code. On March 22, 2021, the City signed and accepted the Project Guidance Document prepared by PlaceWorks. At that time, the project schedule was designated for final adoption in Spring 2023.
 On July 21, 2021, the City Council adopted Resolution No. 2021-191 – Attachment 5), authorizing the city to accept the Local Early Action Planning (LEAP) Grant funds in the amount of $500,000.00. To date, the entirety of the grant has been expended and fully reimbursed to the City. As with the SB 2 Grant, reimbursement of the LEAP Grant has been completed and the City is set to complete all funded projects by December 31, 2025.

Packet Page. 1535
Background
 On May 4, 2022, concurrent with the allocation of the LEAP Grant funds, a request was made for additional funding ($297,323.00) to be used for expanded public outreach. The City Council denied the request for additional funding.

Packet Page. 1536
Budget Augmentation
 On On March 21, 2024, the City received a budget augmentation request from PlaceWorks for additional funds to be allocated to the General Plan project. The funds request totaled $474,684.03, and are broken down as follows:

Ø Housing Element (already accrued) – $199,298.75
Ø 2022 and 2023 Annual Progress Reports (already accrued) – $20,028.00 Ø Environmental Justice Element – $157,077.25
Ø Project Administration and Management – $98,280.03
Ø On May 1, 2023, the Mayor and City Council approved Amendment No. 2 to the professional services agreement authorizing $634,825.09 in additional funding for the General Plan project. To date, the funds allocated with this amendment represent the only fiscal impact to the City.

Packet Page. 1537
Committees and Commissions
 GPAC
Ø General Plan Advisory Committee (GPAC) held their first meeting on July 15, 2021, and the last meeting was on May 1, 2023.  DTAC
Ø The Downtown Specific Plan Advisory Committee (DTAC) meetings were held between July 28, 2021, and ran regularly through August 2022.

Packet Page. 1538

EIR & LHMP
 EIR
Ø The Scoping Meeting for the Environmental Impact Report (EIR) was held on July 30, 2025. When complete, the EIR will address the General Plan, DTSP, and Development Code.
 LHMP
Ø Local Hazard Mitigation Plan – The LHMP was adopted by the Mayor and City Council on May 7, 2025.

Packet Page. 1539

TRUCK ROUTE STUDY
 Truck Route Study
Ø A truck route plan has been prepared and was presented to the Planning Commission on November 10, 2025, in accordance with the requirements of Assembly Bill 98 (AB) which requires approval of the Truck Route by December 2025. The associated code amendment will be presented to the Mayor and City Council on December 3, 2025.

Packet Page. 1540

ELEMENTS OF THE GP
 Safety
 Environmental Justice
 Historical Preservation
 Energy and Water Conservation
 Land Use
 Public Facilities and Services
 Parks, Recreation, and Trails
 Utilities and Infrastructure
 Open Space and Conservation
 Economic Development
 Circulation and Mobility
 Noise
Packet Page. 1541

COMPLETED PUBLIC DRAFTS
Public drafts of completed elements have been posted to the project website (http://futuresb2050.com).

Packet Page. 1542

DOWNTOWN SP
 The Downtown Specific Plan is a form-based code that is intended to define the future development of the downtown area. The plan encompasses an area bound broadly by I-215 (west), 8th Steet (north), Sierra Way (east), and the railroad south of Rialto Avenue (south).
 The plan is broken up into nine (9) districts to help distinguish the existing characteristics of the residential neighborhoods in the north, SB County property, the downtown core, etc. Residential densities are to be increased up to 35 du/acre in the northern residential areas and 100+ du/acre in the core. Consistent with form-based intentions, land uses will be expanded with the primary intent of limiting heavy industrial manufacturing and logistic use, while opening up allowances elsewhere.

Packet Page. 1543

DEVELOPMENT CODE
 The existing Development Code was originally adopted in 1991 and has been amended consistently to present date.
 The new Development Code is being structured as a replacement to the existing code rather than an update. Among the major changes, the new Development Code will include a consolidated and updated land use matrix and updated definitions that will better reflect the pivot in commercial and office development.  Residential densities will be updated across the board to assist the City in complying with our Regional Housing Needs Allocation (RHNA). Additional procedural changes will be implemented to help streamline review processes and create enhanced methods for public information and involvement during project review.

Packet Page. 1544

FISCAL IMPACTS
 There is no fiscal impact related to this update. However, the budget augmentation had a $634,825.09 impact on the 2024/2025 budget.

Packet Page. 1545

CONCLUSION
 It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the status of the General Plan Update and provide addition direction to staff, as needed.

Packet Page. 1546
Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

Questions?
Packet Page. 1547

DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Adopt Urgency Ordinance No. MC-1658U Approving Development Code Amendment 25-10 (Accessory
Dwelling Unit 2025 Legislative Update)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino adopt Urgency Ordinance No. MC-1658U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 25-10 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17
Executive Summary
Approval of Development Code Amendment 25-10 will amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) 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 (JADUs). Except as otherwise noted, these new laws take effect on January 1, 2026.

City Manager’s Comments
This is an Urgency Ordinance on ADU to meet the 2025 legislation. Based on the law, JADU’s are limited to being 500 square feet. This Ordinance will be compliant with State law.

In addition, Community Development will be presenting options for the Council to consider whether to direct staff to create a maximum on ADU’s consistent with the item request that Council Member Ibarra presented at City Council and the City Council took action on.

Packet Page. 1548
Background
The Development Code (SBMC Title 19) is the primary mechanism by which the City implements the policies, goals, and objectives of both the General Plan and the Housing Element (an element of the General Plan). The Development Code achieves this by guiding development, on a lot-by-lot basis, throughout the city.

On May 5, 2021, the Mayor and City Council adopted Ordinance No. MC-1559, establishing standards for the development of Accessory Dwelling Units.

On December 7, 2022, the Mayor and City Council adopted Urgency Ordinance No. MC1604, updating standards for the development of Accessory Dwelling Units in compliance with recent changes to state law.

On January 15, 2025, the Mayor and City Council adopted Ordinance No. MC-1645 which streamlined the application process, updated definitions, expanded the prohibition on replacement parking and increased the allowable number of detached accessory dwelling units on a multi-family lot.

Discussion
The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Chapter 13 of Division 1 of Title 7 of the Government Code.

Failure to comply with Chapter 13 of Division 1 of Title 7 of the Government Code (as amended) by January 1, 2026, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in the Government Code. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

The attached proposed Urgency Ordinance includes changes to the Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19).

Development Code Amendment 25-10 is proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, Subdivision (b), and will be followed immediately by the introduction of a standard ordinance that will be scheduled for final adoption at a subsequent meeting.

AB 462 – Certificates of Occupancy
AB 462 modifies several permitting requirements associated with processing Coastal Development Permits for ADUs located in the Coastal Zone.

Packet Page. 1549
Beyond changes to CDP processing, AB 462 modifies the rules governing the issuance of a certificate of occupancy (C of O) for an ADU. Historically, state law has prohibited a local agency from issuing a C of O for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a C of O before the ADU can receive one).

AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied: (1) the Governor has declared a state of emergency for the county on or after February 1, 2025; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections. (Gov. Code, § 66328(b).) If these conditions are satisfied, the detached ADU can receive a C of O before the primary dwelling. In all other scenarios, the primary dwelling still needs a C of O before one can be issued for an ADU.

AB 462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025).

The following three bills were enacted as non-urgency measures and take effect on January 1, 2026.

AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing state law requires a property owner to reside in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner does not have to reside on the property at all. (See amended Gov. Code, § 66333(b).) AB 1154 also expressly prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days). (See amended Gov. Code, § 66333(g).) Most ADU ordinances already included this prohibition (as well as prohibiting ADUs from being used as short-term rentals). But now it’s required by state law.

SB 9: SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption.

This year’s SB 91 and SB 543 create a penalty for failing to do so by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption. (See amended Gov. Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does 1 Not to be confused with the SB 9 of 2021 (Stats. 2021, Ch. 162) regarding urban lot splits and second primary dwelling units.

Packet Page. 1550
not comply with state law and the local agency fails to respond to HCD within 30 days. (Id.)
SB 543 – ADU Size; Number of ADUs; Impact Fees; Permitting Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.

ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code section 66314 through 66322 from being at least 800 square feet.

SB 543 amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).)
Impact Fees
Existing law exempts ADUS that are 750 square feet or smaller from development impacts fees (DIFs).

SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space.

The bill also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.) Quantity of ADUs Created Under Government Code Section 66323 Existing state law creates four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1)–(4). These are:
(1) a converted ADU and JADU created on a lot with a proposed or existing singlefamily dwelling (Gov. Code, § 66323(a)(1)); (2) a detached ADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(2));
(3) converted ADUs created in an existing multifamily dwelling (Gov. Code, § 66323(a)(3)); and
(4) detached ADUs created on a lot with a proposed or existing multifamily dwelling.

Packet Page. 1551
For some time, there has been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position, in its 2020 ADU Handbook. But for the last few years, HCD has taken the opposite position: that combinations are permitted. (See HCD January 2025 ADU Handbook, at p. 19 [“[P]ursuant to Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].)
SB 543 codifies HCD’s most recent interpretation by amending Government Code section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). And a lot with a single family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).

ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law was silent with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications.

SB 543 requires local agencies to now:
(1) determine whether an ADU application is complete within 15 business days of submittal;
(2) if the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them;
(3) review a resubmitted application for completeness within 15 business days; (4) provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and (5) provide a final written determination on the appeal within 60 business days of receiving the appeal). (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].)
Proposed Amendment
In order to ensure that the City’s development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units comply with state law, this amendment will update Section

19.04.030(2)(P) (Accessory Dwelling Units). The attached exhibits (Attachment 2) include the specific changes as proposed for adoption into the Development Code.

Implementation
Packet Page. 1552
The urgency ordinance for Development Code Amendment 25-10 will take effect immediately upon adoption. Following adoption of the urgency ordinance, a standard ordinance will follow to implement Development Code Amendment 25-10. This ordinance will become effective 30 days following final adoption by the Mayor and City Council.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development, as follow:
▪ Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.
▪ Land Use Element Policy 2.1.1: Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods.

The adoption and implementation of Development Code Amendment 25-10 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community atlarge, while maintaining consistency with state law. Additionally, as regulated by Development Code Amendment 2-10, new Accessory Dwelling Units (ADUs) will serve the City’s housing needs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

California Environmental Quality Act
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 of Division 1 of Title 7 of the Government Code, which is California’s ADU law. Therefore, the adoption of the proposed urgency ordinance is statutorily exempt from CEQA in that it implements state ADU law.
2021-2025 Strategic Targets and Goals
Development Code Amendment 23-03 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law.

Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino adopt Urgency Ordinance No. MC-1658U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 25-10 amending Packet Page. 1553
Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.1 Attachments
Attachment 1 Urgency Ordinance No. MC-1658U
Attachment 2 Urgency Ordinance No. MC-1658U – Exhibit A Attachment 3 Newspaper Publication
Attachment 4 PowerPoint
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
CC: Eric Levitt, City Manager
Packet Page. 1554
ORDINANCE NO. MC-1658U
URGENCY ORDINANCE NO. MC-1658U

AN URGENCY ORDINANCE OF THE MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO,

CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT 25-10 AMENDING CHAPTER 19.04
(RESIDENTIAL ZONES); SECTION 19.04.030(2)(P)
(ACCESSORY DWELLING UNITS) OF THE CITY OF SAN
BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19)

IN ORDER TO UPDATE THE DEVELOPMENT

STANDARDS FOR ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS IN
COMPLIANCE WITH RECENT CHANGES IN STATE LAW;

AND FINDING THAT DEVELOPMENT CODE
AMENDMENT 25-10 IS STATUTORILY EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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 state law authorizes cities to act to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); 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 ADUs and JADUs; and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments state ADU law; and
WHEREAS, new updates to state ADU law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, Development Code Amendment 25-10 is a City-initiated amendment to Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with recent changes in state law; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 25-10 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance with the City of San Bernardino Development Code; and Packet Page. 1555
ORDINANCE NO. MC-1658U
WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 25-10 and determined that it is exempt from CEQA under California Public Resources Code Section 21080.17; and WHEREAS, notice of the December 3, 2025 public hearing for the Mayor and City Council's consideration of Development Code Amendment 25-10 was published in The Sun newspaper on November 22, 2025, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 25-10; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of bills updating state ADU law because if the City’s ordinance does not comply with this legislation by January 1, 2026, - and the City’s ADU ordinance becomes null and void in its entirety – the City the City would be required to approve ADUs and JADUs in accordance with the few default standards that are imposed by Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code Section 36937, Subdivision (b).

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, Development Code Amendment 25-10 and this Ordinance No. MC-1658U is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under California Public Resources Code Section 21080.17, as the California Environmental Quality Act (“CEQA”) does not apply to the adoption Packet Page. 1556
ORDINANCE NO. MC-1658U
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.

SECTION 3. Finding of Facts – Development Code Amendment 25-10 Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: Development Code Amendment 25-10 is consistent with the General Plan, as follows:

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. Land Use
Element Policy 2.1.1: Actively enforce development
standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods.

The implementation of Development Code Amendment 25-10 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large, while maintaining consistency with state law. Additionally, as regulated by Development Code Amendment 25-10, new Accessory Dwelling Units (ADUs) will serve the City’s housing needs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The adoption and implementation of Development Code Amendment 25- 10 is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. In enacting the aforementioned legislation the State Legislature identified Accessory Dwelling Units (ADUs) as an important housing option for renters and homeowners, given the undersupply of housing that exists in the State. Development Code Amendment 25-010 will bring the City’s Development Code into compliance with the aforementioned statute.

SECTION 4. Adoption of Ordinance. Development Code Amendment 25-10 to amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Packet Page. 1557
ORDINANCE NO. MC-1658U
Units in compliance with state law is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 5. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 25-10.

SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. Effective Date. This Urgency Ordinance takes effect immediately upon its adoption.

SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of December 2025.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Telicia Lopez, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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ORDINANCE NO. MC-1658U

CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF SAN BERNARDINO
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1658U adopted by the City Council of the City of San Bernardino, California, at a regular meeting held on the 3rd day of December 2025 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 ___ day of ____________ 2025.
______________________________
Telicia Lopez, CMC, City Clerk
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EXHIBIT A
Development Code Section 19.04.030(2)(P)
(Residential Zones Specific Standards Accessory Dwelling Units)

19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) shall be amended and restated to read in its entirety as follows:

P. Accessory Dwelling Units

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.

2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection 3.h below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

3. Definitions. As used in this section, terms are defined as follows:
a. “Accessory dwelling unit” or “ADU” means an 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:
i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
ii. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
b. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
c. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

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2 d. “Efficiency kitchen” means a kitchen that includes all of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
e. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
i. It is no more than 500 square feet of interior livable space in size. ii. 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. iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
iv. 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 singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
v. It includes an efficiency kitchen, as defined in subsection 3.d above. f. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. g. “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. h. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
i. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
j. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
k. “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, run on fixed routes, and are available to the public.

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3 l. “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.

4. Approvals. The following approvals apply to ADUs and JADUs created under this section:
a. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection 4.c below. b. 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 community development and approved by the city council by resolution. c. Process and Timing.
i. Completeness.
a) 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. b) Incomplete items. If the city’s determination under subsection

4.c.i.a) 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.
c) 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.
d) 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 identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
e) Deemed complete. If the city does not make a timely determination as required by this subsection i, the application or resubmitted application is deemed complete for the purposes of subsection 4.c.iii below.
f) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a Packet Page. 1562
4 written appeal to the city clerk. The planning commission will review the written 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. ii. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. iii. 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 complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily 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 multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. iv. 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 4.c.iii above. v. 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.
vi. Concurrent review of demolition. 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.

5. Classes.
a. 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 Packet Page. 1563
5 general requirements in subsection 6 below, it is allowed in each of the scenarios provided in this subsection Error! Reference source not found.. An ADU and JADU approved under subsection 5.a.i may be combined with an ADU approved under subsection 5.a.ii, and ADUs approved under subsection 5.a.iii may be combined with ADUs approved under subsection Error! Reference source not found..
i. Converted on Lot with Single-Family: One ADU as described in this subsection 5.a.i and one JADU on a lot with a proposed or existing singlefamily dwelling on it, where the ADU or JADU:
a) 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 b) Has exterior access that is independent of that for the single-family dwelling; and
c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d) The JADU complies with the requirements of Government Code sections 66333 through 66339.
ii. Limited Detached on Lot with Single-Family: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
a) The side- and rear-yard setbacks are at least four feet. b) The total floor area is 800 square feet of livable space or smaller. c) The peak height above grade does not exceed the applicable height limit in subsection 6.b below.
iii. 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, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection

5.a.iii, 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.

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6 iv. Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight Packet Page. 1565
6 detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
a) 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.
b) The peak height above grade does not exceed the applicable height limit provided in subsection 6.b below.
c) 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.
b. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection Error! Reference source not found. above, all ADUs are subject to the standards set forth in subsections 6 and 7 below.

6. General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
a. Zoning.
i. A Class 1 ADU approved under subsection Error! Reference source not found. may be created on a lot in a residential or mixed-use zone. ii. A Class 2 ADU approved under subsection 5.b above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
iii. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. b. Height.
i. Except as otherwise provided by subsections Error! Reference source not found. and 6.b.iii below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
ii. 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 multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in Packet Page. 1566
7 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. iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
iv. 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 6.b.iv may not exceed two stories. v. For purposes of this subsection 6.b, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
c. Fire Sprinklers.
i. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
ii. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. d. 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. e. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 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 multifamily lot).
f. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
g. Owner Occupancy.
i. ADUs. ADUs are not subject to an owner-occupancy requirement. ii. JADUs.
a) Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either Packet Page. 1567
8 the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
b) Exceptions. The owner-occupancy requirement in this subsection Error! Reference source not found. does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
(II) The property is entirely owned by another governmental agency, land trust, or housing organization.
h. Deed Restriction. Prior to issuance of a certificate of occupancy for an 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 Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
i. The JADU may not be sold separately from the primary dwelling. ii. The JADU is restricted to the approved size and to other attributes allowed by this section.
iii. The deed restriction runs with the land and may be enforced against future property owners.
iv. The deed restriction may be removed if the owner eliminates the 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 JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
v. The deed restriction is enforceable by the director 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 JADU in violation of the recorded restrictions or abatement of the illegal unit.

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9 i. Building & Safety.
i. Must comply with building code. Subject to subsection 6.i.ii below, all ADUs and JADUs must comply with all local building code requirements. ii. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer 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 6.i.ii 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.
j. Certificate of Occupancy Timing.
i. 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. ii. Limited Exception for State-declared Emergencies. Notwithstanding subsection 6.j.i 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:
a) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. b) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
c) The ADU has been issued construction permits and has passed all required inspections.
d) The ADU is not attached to the primary dwelling.

7. Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection 5.b above. This subsection 7 does not apply to Class 1 ADUs or JADUs approved under subsection Error! Reference source not found. above. a. Maximum Size.
i. The maximum size of a detached or attached ADU subject to this subsection 7 is 850 square feet of interior livable space for a studio or one-bedroom Packet Page. 1569
10 unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
ii. 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.
iii. Application of other development standards in this subsection 7, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 7.a.ii above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than 800 square feet of interior livable space. b. Floor Area Ratio (FAR). No ADU subject to this subsection 7 may cause the total FAR of the lot to exceed 45 percent, subject to subsection 7.a.iii above. c. Setbacks.
i. ADUs that are subject to this subsection 7 must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection 7 must conform to 25-foot front setbacks, subject to subsection 7.a.iii above. ii. No setback is required for an ADU that is subject to this subsection 7 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
d. Lot Coverage. No ADU subject to this subsection 7 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 7.a.iii above. e. Minimum Open Space. No ADU subject to this subsection 7 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection

7.a.iii above.
f. Passageway. No passageway, as defined by subsection 3.i above, is required for an ADU.
g. Parking.
i. Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 3.l above. ii. Exceptions. No parking under subsection 7.g.i is required in the following situations:
a) The ADU is located within one-half mile walking distance of public transit, as defined in subsection 3.k above.

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11 b) The ADU is located within an architecturally and historically significant historic district.
c) The ADU is part of the proposed or existing primary residence or an accessory structure.
d) When on-street parking permits are required but not offered to the occupant of the ADU.
e) When there is an established car share vehicle stop located within one block of the ADU.
f) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 7.g.ii.a) through e) above. iii. No Replacement. When a garage, carport, covered parking 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.
h. Architectural Requirements.
i. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
ii. 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.
iii. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
v. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. vi. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

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12 vii. All windows and doors in an ADU 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. i. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
i. At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall. ii. 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. iii. All landscaping must be drought-tolerant.
iv. All landscaping must be from the city’s approved plant list. j. Historical Protections. An ADU that is on or within 600 feet of real 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.
k. Allowed Stories. No ADU subject to this subsection 7 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 6.b.iv of this section.

8. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections Error! Reference source not found. or 5.b above. a. Impact Fees.
i. No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection 8.a, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
ii. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
iii. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the Packet Page. 1572
13 ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
b. Utility Fees.
i. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
ii. Except as described in subsection 8.b.i, JADUs and converted ADUs on a single-family lot that are created under subsection 5.a.i above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
iii. Except as described in subsection 8.b.i, all ADUs that are not covered by subsection 8.b.ii 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.
a) 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.
b) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

9. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
a. 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.
b. Unpermitted ADUs and JADUs constructed before 2020.
i. 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:

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14 a) The ADU or JADU violates applicable building standards, or b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 19.04.030(2)(P)).
ii. Exceptions:
a) Notwithstanding subsection 9.b.i 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 California Health and Safety Code section 17920.3. b) Subsection 9.b.i above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

10. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections 1 through 9 of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

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NOTICE OF PUBLIC HEARING

CITY COUNCIL OF THE CITY OF SAN BERNARDINO
NOTICE IS HEREBY GIVEN that the City of San Bernardino Mayor and City Council will hold a public meeting on December 3, 2025 at 5:00 PM in the City Council Chambers in the Norman F.

Feldheym Central Library at 555 West 6th Street, San Bernardino, California. Visit the City’s agenda portal at www.sbcity.org to access more meeting information.

The purpose of the hearing is to consider the following:

DEVELOPMENT CODE AMENDMENT 25-10 – A City-initiated request to amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with state law.

Environmental Determination: Statuorily Exempt from review under the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17.

Applicant: City of San Bernardino – Community Development & Housing Department
Notice is further given that members of the public who wish to comment on the public hearing you may participate in the following ways: 1) comments and contact information can be emailed to [email protected] by 2:30 P.M. the day of the scheduled meeting; 2) attending the meeting in person and providing your public comment in person, not to exceed three minutes.

If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice or written correspondence delivered to the City Clerk at or prior to the public meeting.

The City endeavors to be in total compliance with the Americans with Disabilities Act. If you require assistance or auxiliary aids to participate in the meeting, please contact the City Clerk’s Office as far in advance of the meeting as possible.

Additional information concerning the above matter may be obtained from, and written comments should be addressed to, San Bernardino City Clerk, 290 North D Street, San Bernardino, California 92401.

Telicia Lopez, CMC
City Clerk
DATED: November 22, 2025
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Development Code Amendment 25-10
2025 Accessory Dwelling Unit Legislative Update
Presented by George Velarde, Associate Planner
Community Development and Housing Department
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Background:

May 2021 –  MC-1559 adopted, establishing standards for Accessory Dwelling Units in compliance with Government
Code
December 2022 – MC-1604 adopted, updating standards for Accessory Dwelling Units in compliance with SB 897
January 2025 –  MC-1645 adopted, provided updated
definitions, expanded the prohibition on parking and increased the allowable number of detached accessory dwelling units on a multi-family lot
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Significant Changes:

AB 1154
§ JADU owner-occupancy
§Prohibition on short-term rentals
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Significant Changes:

SB 543
§Provide update to California Department of Housing and Community Development (HCD) within 60 days of adoption. If not provided, the City’s own ADU ordinances becomes null and void.
§Clarified definitions and clean up language
§Development Impact Fees (DIFS) and school fees
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Next Steps:
§ Any local ordinance that is not in compliance with AB 1154 and SB 543 on January 1, 2026, will be found null and void in its entirety. § Urgency ordinance will take effect immediately upon adoption. § Re-adoption of ordinance will be brought back for first reading on January 7, 2026
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Recommendation:

Adopt Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 25-10; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and Introduce for first reading, read by title only, and waive further reading of Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 25-10; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17; and
Schedule the adoption of the Ordinance to the regularly scheduled meeting of the Mayor and City Council on January 7th, 2026.

The Mayor and City
Council:

1. 2.

3. Packet Page. 1581

DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Pavement Management Program (PMP Findings and
Funding Scenarios) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California:

1. Receive and file the Pavement Management Program (PMP) draft report update; and

2. Provide direction on neighborhood rehabilitation focused areas and funding strategies; and

3. Direct staff to incorporate the PMP findings and recommendations into the FY 2026–2036 Capital Improvement Program (CIP); and

4. Authorize staff to evaluate and pursue sustainable funding strategies, including potential bond financing, Measure S allocations, and available state and federal grant opportunities.

City Manager's Comments
This is the first step in putting together a program to continue the City Council’s efforts in improving the City’s pavement conditions and pavement ratings.

Executive Summary
The City of San Bernardino has completed its comprehensive Pavement Management Program (PMP). The PMP provides an industry-standard assessment of pavement conditions using the Pavement Condition Index (PCI) rating system and establishes 5/ Packet Page. 1582
10- year funding and maintenance strategies to guide long-term roadway preservation.

The 5/10-year PMP outlines existing pavement deficiencies, prioritizes rehabilitation needs, and models long-term funding scenarios to maintain and improve the City’s roadway network condition. City Council input is requested to confirm the approach for selecting rehabilitation zones, identifying funding options, and upcoming Capital Improvement Program (CIP).

Background
The City maintains approximately 557 miles of roadway encompassing arterial, collector, and local residential streets. Pavement infrastructure represents one of the City’s largest capital assets and plays a critical role in mobility, economic activity, and safety.

In 2024, the City retained NCE to prepare a Pavement Management Program using the ASTM D6433 visual distress survey method. Each street segment was rated to determine its PCI (0–100), where 100 represents excellent condition and 0 represents failed pavement.

The program’s primary objectives are to:
• Assess current citywide pavement conditions;
• Identify maintenance and rehabilitation needs across all roadway classifications; • Develop 5/10-year investment strategies;
• Maximize the return on investment through lifecycle-based preservation Discussion
The Pavement Management Program established a long-term roadmap for preserving and improving the City’s roadwork network. By using a data-driven approach and aligning funding with performance goals, the City can enhance public safety, reduce lifecycle costs, and improve roadway conditions citywide if funding is available.

Citywide Pavement Condition
The PMP analysis established a baseline average PCI of 51, compared to the statewide average of approximately 65. The City’s pavement condition distribution is summarized below:
• Good (65–100): 32.4%
• Fair (40–64): 31.9%
• Poor (24–39): 17.3%
• Very Poor/Failed (<25): 18.4%
While several arterial corridors remain in fair to good condition, a significant portion of local and residential streets are rated in poor or very poor condition due to deferred maintenance.

Funding Scenarios
The PMP evaluated three investment levels to model the long-term impacts of funding decisions:

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The PMP’s three funding scenarios above illustrate how different investment levels will shape the condition of the City’s roadway network over the next 10 years. Under the current funding level of approximately $12 million per year, the City’s average PCI would fall to 40, indicating a continued decline in pavement quality and an increase in deferred maintenance. This level of investment is insufficient to keep pace with deterioration, meaning more streets will fall into “poor” or “very poor” condition, requiring costly full reconstruction in the future.

The second scenario models the investment required in order to raise the City’s average PCI to 65, the statewide average which would stabilize the network and prevent further backlog growth. Achieving this outcome requires an estimated $58 million annually, reflecting the scale of the City’s infrastructure deficit and the cost to bring the system back to a sustainable condition.

The third scenario shows the investment needed to further improve the network to a PCI of 70, which would significantly reduce deferred maintenance and allow the City to focus on preventative treatments instead of expensive reconstruction. This scenario requires approximately $70 million per year, representing a long-term strategy that not only restores but preserves the roadway system at a high service level.

Collectively, these scenarios demonstrate the large gap between the City’s current funding capacity and the investment required to maintain or improve pavement conditions, emphasizing the need for diversified revenue streams, grant leveraging, and strategic planning in future CIPs.

Recommended Maintenance Treatments
The PMP recommends a mix of preventive and corrective maintenance based on pavement conditions. It is to be noted that the recommended treatment is subject to change based on functional classification:

Funding Level Average PCI After 10 Years Deferred
Maintenance Notes
City’s Budget (~$12M/yr) 40 Increasing Network deteriorates Improve PCI to 65
(Statewide Average) 65 Stable Requires ~$58M/yr
Improve PCI to 70 70 Reduced Requires ~$70M/yr
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This approach emphasizes early intervention to extend pavement life and minimize future reconstruction costs.

Funding Source
Current and potential funding sources include:

Measure S:

Local sales tax for infrastructure improvements. While the Pavement Management Program is an appropriate use of Measure S funds, Measure S is a general-purpose revenue source used to maintain City service levels and support multiple strategic priorities including, but not limited to, infrastructure improvements.

Measure I:

Regional transportation funding administered by SBCTA. Using Measure I funds for pavement rehabilitation in San Bernardino offers several benefits, including providing a dedicated transportation revenue source, reducing pressure on the General Fund and RMRA, supporting the City’s long-term pavement management strategy, and serving as a strong local match for state and federal grants. However, it also presents challenges, as Measure I dollars are limited and must be balanced against other transportation priorities such as traffic signals, major arterials, and regional mobility.

RMRA (SB-1):

State gas tax funding for roadway maintenance. RMRA (SB1) provides the City with a reliable, formula-based annual funding source dedicated specifically to road maintenance and rehabilitation, offering strong flexibility to address both arterial and residential streets, support PMP strategies, and serve as a match for grants. However, it also comes with mandatory reporting, accountability requirements, and a maintenance-of-effort obligation that increases administrative work, and the annual allocation is often insufficient to cover the City’s full pavement needs. Despite these limitations, RMRA remains one of the most essential and versatile funding sources for improving the City’s roadway network.

PCI Range Recommended Treatment Typical Cost
($/SY)
Crack Seal / Slurry Seal or $5.90
Thin Mill & Overlay with Base Repairs $39.00
Crack Seal / Slurry Seal / Base Repairs or $8.20-8.90
Thin Mill & Overlay with Base Repairs $37.50-39.00
25–39
0–24 Full Reconstruction or FDR $85.50-117.50
65–100
40–64
Thick Mill & Overlay with Base Repairs or
Partial Reconstruction $45.50-55.50
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Gas Tax Fund:

The Gas Tax Fund is a long-standing, formula-based revenue source derived from statewide fuel taxes and distributed to cities for street maintenance and traffic operations. It provides a predictable annual allocation that can be used for a wide range of roadway needs, including pothole repair, street maintenance, traffic signals, striping, signs, and minor capital improvements, giving the City flexible operational support.

However, Gas Tax revenues have been slowly declining due to fuel efficiency improvements and the statewide transition toward electric vehicles, making it less reliable over the long term. Additionally, Gas Tax funding is generally modest and insufficient for large paving or reconstruction projects on its own, so it typically supplements RMRA or other major funding sources. Despite these limitations, Gas Tax remains an important foundational revenue stream that helps the City cover routine roadway maintenance and operational needs.

Bond Financing:

Bond financing allows the City to borrow money upfront to complete large-scale pavement or infrastructure improvements immediately, then repay the debt over time using a dedicated revenue stream such as Measure I, Gas Tax, or the General Fund.

The major advantage of bonding is that it accelerates construction, allowing the City to address deteriorating streets now—before conditions worsen and rehabilitation costs rise. It can also bundle multiple corridors into a single, efficient construction program.

However, bonding reduces future budget flexibility because annual debt service payments become a fixed obligation for many years. It also requires interest costs, legal approvals, and potentially voter authorization depending on the bonding mechanism. If not carefully managed, bonding can limit the City’s ability to fund future projects. Despite these drawbacks, bonding can be an effective tool when the City needs to rapidly improve roadway conditions and align with long-term pavement strategies.

Next Steps:

Following City Council input, staff will:
• Finalize the PMP document.
• Adopt the PMP by the Mayor and City Council at a future City Council meeting. • Publish the PMP on the City website for transparency. • Integrate PMP priority projects into the FY 2026-2036 CIP. • Develop an annual pavement preservation and rehabilitation program. • Coordinate with utility providers to enforce the trench moratorium requirements. and ensure compliance on all affected streets.
2021-2025 Strategic Targets and Goals
This initiative aligns with Strategic Target and Goal No. 3c &3d: The goal focuses on enhancing the safety, reliability, and long-term performance of the City’s transportation network, and the PMP serves as the technical foundation for achieving this objective.

Through its comprehensive PCI assessment, funding scenarios, and recommended rehabilitation strategies, the PMP helps identify the most cost-effective methods to improve pavement conditions, reduce long-term maintenance costs, and strategically direct limited resources to the areas of greatest need.

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Fiscal Impact
There is no immediate fiscal impact associated with this discussion item.

Implementation of year one (1) projects and long-term funding commitments will be addressed through future City Council budget actions and incorporation into the FY2026-2036 Capital Improvement Program.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Receive and file the Pavement Management Program (PMP) draft report update; and

2. Provide direction on neighborhood rehabilitation focused areas and funding strategies; and

3. Direct staff to incorporate the PMP findings and recommendations into the FY 2026–2036 Capital Improvement Program (CIP); and

4. Authorize staff to evaluate and pursue sustainable funding strategies, including potential bond financing, Measure S allocations, and available state and federal grant opportunities.

Attachments
Attachment 1 Pavement Management Program Power Point
Presentation (Will be provided at the meeting)
Ward:

All Wards
Synopsis of Previous Council Actions:

May 15, 2024 Award of Professional Services Agreement for Pavement Management Program and Asset Inventory
CC Eric Levitt, City Manager
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