RESOLUTION NO. 2025-060 - PC
RESOLUTION NO. 2025-060 - PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
FORWARDING A RECOMMENDATION TO THE MAYOR
AND CITY COUNCIL RECOMMENDING APPROVAL OF
DEVELOPMENT CODE AMENDMENT 25-11 AMENDING
SECTION| 19.04.030(2)(P) (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 THAT
DEVELOPMENT CODE AMENDMENT 25-11 IS
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE 21080.17
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 by ordinance 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 to state ADU law; and
WHEREAS, new updates to state ADU law take effect on 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, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 25-11 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 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 25-11 and determined that it is exempt from CEQA under California Public Resources Code Section 21080.17; and RESOLUTION NO. 2025-060 - PC
WHEREAS, on November 29, 2025, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals - Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which Development Code Amendment 25-11 would be considered; and WHEREAS, on December 9, 2025, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 25-11 and at which meeting, the Planning Commission considered Development Code Amendment 25-11; and WHEREAS, pursuant to the requirements of Section 19.42.030 (Development Code Amendments - Commission Action on Amendments) of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Mayor and City Council the approval of Development Code Amendment 25-11.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. INCORPORATION OF RECITALS:
The recitals above are true and correct and hereby incorporated by this reference.
SECTION 2. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Code Amendment 25-11. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission hereby recommends to the Mayor and City Council as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's Local CEQA Guidelines; and
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act ("CEQA") under California Public Resources Code Section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by Section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.; and (3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.
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SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 25-11:
Section 19.42.050 of the City of San Bernardino Development Code requires that Development Code Amendments meet certain findings prior to approval by the Mayor and City Council.
Accordingly, the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Code Amendment 25-11:
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 25-11 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
tandards, design guidelines, and policies to preserve an nhance the character of San Bernardino's neighborhooa
The implementation of Development Code Amendment 25-11 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 25-11, new Accessory Dwelling Unit (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- 11 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 25-11 will bring the City's Development Code into compliance with the aforementioned statute.
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SECTION 4. RECOMMENDATION FOR DEVELOPMENT CODE
AMENDMENT 25-11:
Pursuant to Section 19.42.030 (Development Code Amendments - Commission Action on Amendments), the Planning Commission forwards the amendments to the Development Code attached hereto as EXHIBIT "A" for approval by the Mayor and City Council.
SECTION 5. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2025-060 - PC, forwarding a recommendation that the Mayor and City Council:
a. Find the Exemption, pursuant to Section 21080.17 of the California Public Resources Code for Development Code Amendment 25-11; and
b. Approve Development Code Amendment 25-11 based on the Findings of Fact.
SECTION 6. 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 of this Resolution are declared to be severable.
SECTION 7. CUSTODIAN OF RECORDS:
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Telicia Lopez., City Clerk, 201 North E Street (Building A), 909-384-5002.
PASSED, APPROVED AND ADOPTED this 9*h day of December 2025.
Lisa Sherrick, Chairperson
San Bernardino Planning Commission
ATTEST:
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
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CERTIFICATION:
I, Alyssa Blancas, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2025-060 - PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 9" day of December 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Alyssa Blancas, Recording Secretary
City of San Bernardino, California