3 1
2 8
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: February 18, 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-1660 Adopting a Regulatory Program for Short Term Rentals, or Introduce for First Reading Ordinance No. MC-1661
Banning Short Term Rentals in the City of San Bernardino (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Hold a Public Hearing; and
2. Introduce and read by title only, and waive further reading of Ordinance No.
MC-1660 of the Mayor and City Council of the City of San Bernardino, California, adopting a regulatory program which would amend Section
19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) for short-term and vacation rentals in the City of San Bernardino; or
3. Introduce and read by title only, and waive further reading of Ordinance No.
MC-1661 of the Mayor and City Council of the City of San Bernardino, California Amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter
19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) banning short term and vacation rentals in the City of San Bernardino; or
4. Take no action on the matter.
City Manager's Comments
Community Development staff has provided two possible ordinances based on previous City Council action and the Planning and Zoning Commission recommendation. 3 1
2 8
In addition, the City will initiate charging TOT to short term rentals consistent with the current TOT regulations.
Executive Summary
At the Planning Commission meeting of December 9, 2025, the Commission, by a unanimous vote of the members present (one Planning Commissioner was absent), rejected a Resolution and Development Code Amendment that would have banned short term rentals in the City’s residential districts.
The Commission concluded that regulating short term rentals is more beneficial to the City’s enforcement efforts because regulation will require fees to be paid for the registration and operation of these facilities. The fees generated will also help boost the City’s General Fund.
Background
The City of San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short-term vacation rentals. Common complaints assert that the rentals cause conditions that degrade the quality of residential neighborhoods. These conditions include noise, disturbances, parking problems, property damage, and litter (amongst other things).
The City’s Municipal Code (SBMC) does not specifically address short-term vacation rentals. However, a commercial use is generally prohibited in residential zones, unless specifically permitted. Because the SBMC does not expressly prohibit short-term vacation rentals, the issue of the SBMC’s intent is disputed by residential property owners who wish to lease to tourists and/or retreatants for short stays.
On December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2023-043PC forwarding a recommendation (Attachment C) that the Mayor and City Council approve Development Code Amendment 23-01, amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino. The Planning Commission also found that Development Code Amendment 23-01 was exempt from review under the California Environmental Quality Act.
On February 21, 2024, staff had presented Development Code amendment 23-01 (Short- Term Rental Program) to the Mayor and City Council, with a recommendation to adopt a Short-Term vacation rental program and approve Development Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino. Staff also recommended scheduling adoption of Ordinance No. MC-1628 for the July 3, 2024, City Council meeting.
On June 5, 2024, when the item was brought back to the City Council as directed, the Council, by a narrow majority, banned short term rentals in the city and requested that 3 1
2 8
staff bring back an enforcement plan.
On December 9, 2025, staff presented a Resolution to the Planning Commission banning short term rentals and Development Code Amendment 2025-059 providing the mechanism to adopt the ban. However, the Planning Commission rejected the ban and adopted a modified Planning Commission Resolution 2025-059 memorializing their decision.
Discussion
Definition
A Short-Term Rental (STR) refers to a residential dwelling unit, that is offered or provided to a paying guest by a short-term rental operator for thirty (30) or fewer consecutive nights.
The term "short-term rental" only applies to residentially zoned properties and does not include a hotel, motel, inn, or bed and breakfast inn.
Statewide STRs are a part of California’s tourism market, but when left unregulated, they can lead to unwanted negative effects, such as excessive noise and parking problems within existing residential neighborhoods. As such, many communities have recently adopted or proposed restrictions on STRs. Restrictions can include establishing designated areas for STRs, limiting the number of days a year a property can be rented, or banning STRs entirely.
San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short-term or vacation rentals. Common complaints assert that the rentals cause conditions that degrade the quality of residential neighborhoods. These conditions include noise, disturbances, parking problems, property damage, and litter (amongst other things).
The City of San Bernardino does not currently have an ordinance that expressly regulates STRs and has experienced the negative effects of excessive noise, parking problems and discarded trash on surrounding properties, resulting in numerous complaints, creating a threat to the public interest, health, safety, convenience, and welfare of the community.
The City’s Municipal Code (SBMC) does not specifically address short-term or vacation rentals. However, a commercial use is generally prohibited in residential zones, unless specifically permitted. Because the SBMC does not expressly prohibit short-term or vacation rentals, the issue of the SBMC’s intent is disputed by residential property owners who wish to lease to tourists and/or retreatants for short stays.
The convenience and marketability of online short term and vacation rental websites such as Airbnb.com and Homeaway.com have encouraged City property owners (and leaseholders) to lease residential properties to tourists and other visitors on a short-term basis.
Short Term Vacation Rental Ban
With a ban in place, it is generally believed that the City would no longer need to rely on various interrelated code provisions that together proscribe vacation rentals. The City will 3 1
2 8
adopt and implement specific revisions to the SBMC that would ban short-term or vacation rentals outright in residential zones.
It is also believed that a clear prohibition would be more effective in deterring violations because it would create less confusion among homeowners. However, a ban would not alter the SBMC’s current implicit characterization of short-term rentals as inconsistent with the City’s residential land use regulations.
Disadvantages of a Ban
A short-term rental ban has some disadvantages. First, it would restrict homeowners’ use of their own properties. Banning short-term rentals could eliminate uses that do not otherwise serve as a nuisance to neighboring properties and would restrict the rights of homeowners who have rented responsibly.
Second, it is unclear whether an outright ban would be effective because of the challenges with consistent enforcement.
Associated Cost
A ban on short-term rentals will not eliminate the City’s enforcement costs. To effectively ban short term or vacation rentals, the City would first need to identify those properties that are currently engaged in the short-term or vacation rental activities and officially notify them of the ban. To do that, the City has engaged the services of Deckard Technologies, a company that utilizes data science expertise to assist local governments with managing compliance activity and enforcement, such as short-term rental (STR) properties.
Deckard Technologies would use Rentalscape platform to accurately track activity within the City of San Bernardino, to identify the exact addresses of the STR listings within the City limits. This enables accurate display of STR activity within the City and within community districts and ensures that everyone is held accountable to play by the same set of rules, follow all guidelines and ordinances, and pay their fair share of fees and taxes. Rentalscape groups listings and calculates statistics on a per-property basis. By mapping the exact location of properties, Rentalscape avoids double-counting activity.
Knowing the exact location of STR properties enables compliance, enforcement, tax collection and complaint management activities. They can also pair the services with the TOT portal.
There are cost implications depending on the level of service required by the City. The contract for Rentalscape only, for the identification, monitoring, and compliance letters is $7,500, annually. The contract for Rentalscape, Online Registration and TOT for the above along with registration and TOT collection is $16,500 annually. These costs will come out of the General Fund and can only be replenished by the fines assessed to those operating in violation of the ban.
Take No Action
The option to take no action would mean that neither a ban nor regulation would be in place. However, staff believes that payment of TOT should still be an option. There would be costs associated with identifying who is currently running a short-term rental 3 1
2 8
operation in the residential zone. There would be no revenue stream from registration of short-term rental locations.
Transient Occupancy Tax
Title 3 of the City of San Bernardino Municipal Code (Revenue and Finance) addresses transient occupancy taxes. Section 3.55.010, definitions, provides the following definitions unless the context clearly indicates or requires a different meaning:
HOTEL. A commercial establishment furnishing lodging space in exchange for monetary compensation. Every such establishment shall constitute a HOTEL for purposes of this chapter notwithstanding any advertising describing the facility as a hostelry, inn, motel, rooming house, tourist home or similar enterprise.
LODGING SPACE. One or more rooms used or intended to be used for dwelling or sleeping purposes.
OCCUPANCY. The use or possession, or the right to the use or possession, of a lodging space.
OPERATOR. The person who is the proprietor of a hotel. If an OPERATOR utilizes a managing agent who is not an employee, then such agent shall also constitute an OPERATOR for purposes of this chapter. Compliance with this chapter by either the principal or the managing agent shall constitute compliance by both.
PERSON. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.
ROOM RENTAL. The total charge for lodging space.
TRANSIENT. A person who, for a period of 30 consecutive calendar days or less, exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or contract. Every such person shall constitute a TRANSIENT for purposes of this chapter until expiration of the 30-day period, unless such person has executed a written contract with the operator to provide for occupancy in excess of 30 consecutive calendar days and the contract cannot be terminated without providing at least 30 days’ advance notice. In determining whether a person is a TRANSIENT, portions of calendar days shall be counted as full days and uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered.
Transient Lodging Tax. Per Section 3.55.020(A), each transient is subject to and shall pay a transient lodging tax in the amount of 10% of the room rental charged by the operator.
Based on the above definitions, staff believes that the existing TOT language applies to short term and vacation rentals and will begin charging TOT.
Development Code Amendment
Whether the City bans or regulates Short Term or Vacation rentals, a Development Code 3 1
2 8
Amendment will need to be processed: The proposed Development Code will amend Chapter 19.02 (Basic Provisions), Section 19.02.050 (Definitions) of the Development Code to add definitions for those terms uses specifically within the Short-Term Rental Program (Exhibit A).
The Development Code Amendment will also amend Chapter 19.04 (Residential Zones), Table 04.01 (Permitted and Conditionally Permitted Uses) to add short-term rentals as an unpermitted use within all single-family and multi-family zones (Exhibit B).
Implementation
The regulations governing short-term rentals will become effective 30 days following adoption of the Ordinance by the Mayor and City Council. All properties currently operating as a short-term or vacation rental location will be required to register and become eligible for the payment of TOT. If the Mayor and City Council decide to ban short term and vacation rentals, any presently operating properties will need to cease their operations and any illegally operating properties will be subject to paying TOT to the City.
If the Mayor and City Council adopts an Ordinance to ban Short Term or vacation rentals, the City will send all properties potentially operating as a short-term or vacation rental a letter notifying them of the ban and will provide operators with 60 days to comply or face enforcement measures. The same notification action will be taken if the Mayor and City Council adopts an Ordinance to regulate the use.
Property owners of Short-Term Rentals will be responsible for reporting and paying into the City’s Transient Lodging Tax/Transit Oriented Tax (TOT).
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future housing development, as follows:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.
Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.
San Bernardino contains a wide range of neighborhoods accommodating an assortment of lifestyles. Each neighborhood has, or can have, its own unique character that is a source of pride for the residents. Neighborhood character is defined by many factors:
what the neighborhood looks like, safety and security, maintenance of streets and green spaces, and more. But more importantly, neighborhood character is an image in the minds of those who live and work there and in the perceptions of those who visit.
The rise of short-term rentals within the City has created the need to either regulate or ban them to preserve the integrity of these neighborhoods and mitigate any potential conflicts that may arise from their operation.
A Development Code Amendment regulating or banning Short Term or vacation rentals 3 1
2 8
is consistent with the City’s General Plan.
Strategic Targets and Goals
A Development Code Amendment banning or regulating Short Term rentals aligns with Key Target Goal No. 3: Improved Quality of Life and, more specifically, 3a: Improve the City’s appearance, cleanliness, and attractiveness. Specifically, a ban will update the Development Code to prohibit short term and vacation rentals in all residential zones, while regulating the land use will provide the City with the tools that will ensure consistency with the City’s land use designations as required by the City’s General Plan.
Fiscal Impact
Anticipated Transit Occupancy Taxes associated with this program has the potential to contribute up to $324,000, annually to the General Fund. At same time, there is a potential cost of up to $16,500 for a program to monitor the locations of short term and vacation rentals in the city. The initial amount will be borne by the General Fund. In the future, the cost will be assigned to the Community Development Department’s Professional Contractual account.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Hold a Public Hearing; and
2. Introduce and read by title only, and waive further reading of Ordinance No. MC- 1660 of the Mayor and City Council of the City of San Bernardino, California, adopting a regulatory program which would amend Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) for short-term and vacation rentals in the City of San Bernardino; or
3. Introduce and read by title only, and waive further reading of Ordinance No. MC- 1661 of the Mayor and City Council of the City of San Bernardino, California Amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) banning short term and vacation rentals in the City of San Bernardino; or
4. Take no action on the matter.
Attachments
Attachment 1 Ordinance MC-1660, Establishing A Regulatory Process For Short Term And Vacation Rentals
Attachment 2 Exhibit A - Development Code Section 19.02.050 Attachment 3 Exhibit B - Development Code Section 19.04 Attachment 4 Exhibit C - Development Code Section 19.04 Attachment 5 Ordinance MC-1661, Banning Short Term Rentals Attachment 6 Exhibit A - Development Code Section 19.02.050 Attachment 7 Exhibit B - Development Code Section 19.04 3 1
2 8
Attachment 8 Exhibit C - Development Code Section 19.04 Attachment 9 PC Resolution 2025-059
Attachment 10 PC Resolution 2025-043
Attachment 11 Deckard Proposal
Attachment 12 SB MSA 9-29-25
Attachment 13 PPT Short-term Rental Presentation CC 0201826 Attachment 14 Proof of Publication
Attachment 15 Notice of Public Hearing Continuation on Short T Term Rental
Ward:
All Wards
Synopsis of Previous Council Actions:
February 21, 2024, staff took forward a recommendation to the Mayor and City Council for the adoption of a regulatory scheme for Short-Term Rentals, the City Council, at meeting, directed staff to conduct additional analysis on enforcement measures and the effects of a Short-Term Rental Program on the City’s housing market.
On June 5, 2024, the Mayor and City Council banned short term rentals in city’s residential areas and directed staff to return with regulatory standards.
CC: Eric Levitt, City Manager