3 1
2 3
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: January 21, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Introduce for First Reading Ordinance No. MC-1659 Approving Development Code Amendment 25-11
(Accessory Dwelling Unit 2025 Legislative Update)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Introduce and read by title only, and waive further reading of Ordinance No.
MC-1659 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 25-11 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;
2. Schedule the adoption of Ordinance No. MC-1659 to the regularly scheduled meeting of the Mayor and City Council on February 4, 2026.
City Manager’s Comments
No comments.
Executive Summary
Approval of Development Code Amendment 25-11 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 3 1
2 3
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Except as otherwise noted, these new laws take effect on January 1, 2026. AB 1154 and SB 543 clarifies definitions and provides additional clean up language regarding the regulation of Accessory Dwelling Units and Junior Accessory Dwelling Units.
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. MC- 1604 which updated the verbiage regarding ADU’s on multi-family lots and established standards for units of certain sizes.
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.
More recently, the California Department of Housing and Community Development (HCD) adopted additional standards pertaining to ADUs on October 10, 2025. As a result, the Mayor and City Council adopted Urgency Ordinance No. MC-1658U which became effective immediately and granted City staff additional time to be compliant with recent State law (AB 462, AB 1154 and SB 543).
Following the adoption of Urgency Ordinance No. MC-1658U on December 3, 2025, the Planning Commission of the City of San Bernardino had approved Resolution No. 2025- 060 on December 9, 2025 forwarding a recommendation to the Mayor and City Council for adoption of the standard ordinance.
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. 3 1
2 3
The attached proposed Ordinance includes changes 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).
AB 462 – Certificates of Occupancy
AB 462 modifies several permitting requirements associated with processing Coastal Development Permits for ADUs located in the Coastal Zone.
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.
3 1
2 3
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 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 less than 750 square feet from development impacts fees (DIFs).
SB 543 clarifies that DIFs may not be imposed on an ADU that has less than 750 square feet of interior livable space or on a JADU with less than 500 square feet of interior livable space.
The bill also exempts an ADU or JADU with less 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 single- family dwelling (Gov. Code, § 66323(a)(1));
1 Not to be confused with the SB 9 of 2021 (Stats. 2021, Ch. 162) regarding urban lot splits and second primary dwelling units.
3 1
2 3
(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.
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].)
3 1
2 3
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.
This ordinance will become effective thirty (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 25-11 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 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 ordinance is statutorily exempt from CEQA in that it implements state ADU law.
2021-2025 Strategic Targets and Goals
Development Code Amendment 25-11 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. 3 1
2 3
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Introduce and read by title only, and waive further reading of Ordinance No.
MC-1659 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 25-11 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;
2. Schedule the adoption of Ordinance No. MC-1659 to the regularly scheduled meeting of the Mayor and City Council on February 4, 2026. .
Attachments
Attachment 1 Ordinance No. MC-XXXX
Attachment 2 Ordinance No. MC-XXXX – Exhibit A
Attachment 3 Planning Commission Resolution No. 2025-060 Attachment 4 Newspaper Publication
Attachment 5 PowerPoint
Ward:
All Wards
Synopsis of Previous Council Actions:
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. MC- 1604 which updated the verbiage regarding ADU’s on multi-family lots and established standards for units of certain sizes.
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.
On December 3, 2025, the Mayor and City Council adopted Urgency Ordinance No. MC- 1658U putting the City of San Bernardino in compliance with recent updates to 2025 state law pertaining to ADU’s.
CC: Eric Levitt, City Manager