ORDINANCE NO. MC-1659
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ORDINANCE NO. MC-1659
AN ORDINANCE 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) (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 (2025) CHANGES IN STATE LAW; AND FINDING
THAT DEVELOPMENT CODE AMENDMENT 25-11 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 to 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 25-11 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 25-11 in compliance with ORDINANCE NO. MC-1659
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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 WHEREAS, notice of the January 21, 2026 public hearing for the Mayor and City Council's consideration of Development Code Amendment 25-11 was published in The Sun newspaper on January 10, 2026, 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 25-11; and
WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on January 21, 2026, the City Council held a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
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 25-11 and this Ordinance No. MC-1659 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 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.
ORDINANCE NO. MC-1659
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SECTION 3.Finding of Facts – 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
standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods.
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 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- 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.
SECTION 4.Adoption of Ordinance. Development Code Amendment 25-11 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 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 ORDINANCE NO. MC-1659
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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 25-11.
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 Ordinance takes effect thirty (30) days after its adoption.
SECTION 8.HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 9.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.
ORDINANCE NO. MC-1659
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2026.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Telicia Lopez, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
ORDINANCE NO. MC-1659
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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-1659, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2026 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 ____________ 2026.
______________________________
Telicia Lopez, CMC, City Clerk