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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Adoption of Ordinance No. MC – 1659 Development Code Amendment 25-11 (Accessory Dwelling Unit 2025
Legislative Update) – 2nd Reading (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1659, 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) in order to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with 2025 changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).
City Manager Notes
This is the second reading and adoption of the ordinance.
Executive Summary
This agenda item is the second and final reading of Development Code Amendment 25-
11. It is recommended that the Mayor and City Council accept the final reading and adopt Ordinance No. MC-1659.
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. 3 1
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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 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
Ordinance No. MC-1659, approving Development Code Amendment 25-11 for the update to the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units was reviewed by the Mayor and City Council at their January 21, 2026, meeting. The Ordinance is now ready for its final reading and adoption. Pursuant to Section 19.42.040 of the City of San Bernardino Municipal Code, Council Action on amendments to the Development Code shall be adopted by ordinance and therefore become effective thirty (30) days after the second reading. 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 is 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, California adopt Ordinance No. MC-1659, approving Development Code Amendment 25- 11 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential 3 1
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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 2025 changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).
Attachments
Attachment 1 Ordinance No. MC-1659 (Approving Development Code Amendment 25-11)
Attachment 2 Ordinance No. MC-1659 (Approving Development Code Amendment 25-11) – Exhibit A
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