Ordinance No. MC-1661
1 ORDINANCE NO. MC-1661
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, BANNING
SHORT TERM AND VACATION RENTALS IN THE CITY OF
SAN BERNARDINO; AND FINDING THAT THE BAN IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, in recent years there has been an increase in privately -owned residential properties being used as short-term rentals in the City; and
WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and
WHEREAS, the City of San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short -term rentals; and
WHEREAS, the City’s Municipal Code (SBMC) does not specifically address short-term rentals; and
WHEREAS, on December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 202 3-043PC forwarding a recommendation that the Mayor and City Council to 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) to establish a Short-Term Rental Program in the City of San Bernardino; and found that Development Code Amendment 23-01 was exempt from review under the California Environmental Quality Act; and
WHEREAS, on 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; and
WHEREAS, the City Council, at the 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; and
WHEREAS, on June 5, 2024, the City Council banned short-term rentals in the city; and
WHEREAS, Development Code Amendment 2 5-09 is a City-initiated amendment to 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 ban Short-Term Rentals in the City of San Bernardino; and
WHEREAS, the City of San Bernardino would also explore the assessment of Transient Occupancy Taxes on banned Short Term Rental locations within the City of San Bernardino; and Ordinance No. MC-1661
2 WHEREAS, the City would employ the use of third-party software to track, identify, and accurately display Short Term Rental activities within the City and within community districts and ensure 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; 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 a duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 25-09 and at which meeting, the Planning Commission considered Development Code Amendment 2 5-09 and adopted Resolution No. 2025-059 rejecting the ban on Short Term Rentals.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DOES 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, find s that there is no substantial evidence supporting a fair argument that approval of the ban on Short Tern and vacation rentals will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change to the environment.
SECTION 3. Finding of Facts
Finding No. 1: The proposed ban on Short Term and vacation rentals is consistent with the General Plan.
Finding of Fact: The proposed Ordinance banning Short Term and vacation rentals in the city is consistent with the General Plan, 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 characteristics are defined by many factors: what the neighborhood looks Ordinance No. MC-1661
3 like, what it feels like, and how well it is maintained. But more importantly, it is an image in the minds of those who live and work there and in the perceptions of those who visit the neighborhoods.
The rise of short -term rentals within the City has generated discussions as to their impact on the general character of neighborhoods in which they may be located and the cost of city services to monitor them.
The adoption of an Ordinance banning Short Term and vacation Rentals preserves the integrity and character of the residential neighborhoods in which they are located , and prevents negative impacts such as excessive noise, littering, loitering on the residential neighborhoods and the community at large.
Finding No. 2: The proposed Ordinance banning Short Term and vacation rentals would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact: An Ordinance banning Short Term and vacation rentals is in the interest or furtherance of the public health, safety, convenience, and general welfare in that it preserves the residential characteristics of residential zoning districts while mitigating the harm to the residential zoning districts that result from the negative impacts of the use.
SECTION 4. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s co mpliance with the California Environmental Quality Act in approving Ordinance MC-xx-xx.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause or phrase in this Resolution 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 Resolution or any part thereof. The Mayor and 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 is declared unconstitutional, invalid, or ineffective.
SECTION 6. Effective Date . This Ordinance shall become effective 30 days after its adoption.
APPROVED and ADOPTED by the Mayor and City Council this 18th day of March 2026.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Ordinance No. MC-1661
4 Attest:
__________________________________
Telecia Lopez, CMC, City Clerk
Approved as to form:
________________________
Sonia Carvalho, City Attorney
Ordinance No. MC-1661
5 CERTIFICATION
STATE OF CALIFNORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1661, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 18th day of March 2026. Ordinance No. MC -1661 was approved, passed and adopted at a regular meeting held the ____ day of _____ 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
Ordinance No. MC-1661
6 EXHIBIT A
Development Code Section 19.02.050
(Definitions)
Section 19.02.050 (Definitions) shall be modified to read as follows:
Agent. A person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.
Bedroom. A room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City.
Check-in. The arrival of a guest at a vacation-rental property or agent’s office.
Guest House. Living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest, or persons permanently employed on the premises. This definition shall not include ADUs built subject to Section 19.04.030(2)(P) (Accessory Dwelling Units).
Home-Sharing. The rental of bedrooms in a residential unit for a term of 29 or fewer consecutive days while the owner of the unit is present and living in the unit.
Hosting Platform. A person or entity who participates in vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet-based services that facilitate bookings for a fee.
Multi-Family Residential. Two (2) or more dwelling units in a single building on a site.
Owner. A person or entity, who holds record fee title to the property, except that “owner” does not include the holder of a leasehold interest in the property.
Responsible Party. The lessee of a vacation-rental property.
Short-Term Rental or Short-Term Rental Property. A residential dwelling unit that is leased for a term of 29 or fewer consecutive days.
Ordinance No. MC-1661
7 EXHIBIT B
Development Code Section 19.04.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)
19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 04.01 (Residential Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows:
TABLE 04.01
PERMITTED, DEVELOPMENT PERMITTED, AND
CONDITIONALLY PERMITTED USES
LAND USE ACTIVITY RE RL RS RS RM RMH RH RS
H
1. Residential Uses
A. Community Care Facility (6 or less) P P P P P P P X
B. Condominium or Townhouse D D D D D D D X
C. Convalescent Homes X X X C D D D X
D. Day Care Center C C C
E. Day Care Homes, Family
8 or less children
9 to 15 children
P
P
P
P
P
P
P
X
D D D D D D D X
F. Dormitories/Fraternity/Sorority X X X X C C C X
G. Homeless Facilities X X X X C C C X
H. Manufactured Housing D D D D D D D X
I. Mobile Home Parks or Subdivisions D D D D D D D X
J. Multi-Family Dwellings X X X D D D D X
K. Multi-Family Dwellings, Existing X X X P P P P X
L. Planned Residential Developments X X X D D D D X
M. Accessory Dwelling Unit P P P P P P P P
N. Senior Citizen/Congregate Care Housing X X X D D D D D O. Single-Family Dwellings D D D D D D D X
P. Single-Family Dwellings, Existing P P P P P P P X
Q. Small Lot Subdivision X X X D D D D X
R. Student Housing Complex X X X X X X X C
R. Short-Term Rentals X X X X X X X X
Ordinance No. MC-1661
8 EXHIBIT C
Development Code Section 19.04.030(2)
(Residential Zones Specific Standards)
19.04.030(2) (Residential Zones Specific Standards); Table 04.03 (Residential Zones Specific Standards) shall be modified to read as follows:
TABLE 04.03
RESIDENTIAL ZONES SPECIFIC STANDARDS
Specific Standards RE RL RS RU RM RMH RH RSH CO CG-2 CR-2
A. Accessory Structure + + + + + + + + + + B. Day Care Facility + + + + + + + + + + C. Day Care Home, Large Family + + + + + + + D. Density Bonus/Affordable + + + + + + + + + + Housing or Amenities
E. Front/Rear Yard Averaging + + + + + F. Golf Courses & Related Facilities + + + + + + + G. Guest House + + + + H. Minimum Room Size + + + + + + + + + + I. Minimum Dwelling Size + + + + + + + + + + J. Mobile Home & + + + + + + + Manufactured Housing
K. Mobile Home Park or + + + + + + + Subdivision
L. Multiple Family Housing + + + + + + M. Multi-Family Housing, + + + + Existing
N. Planned Residential +
Development
O. Recreational Vehicle + + + + + + + Storage
P. Second Accessory
Dwelling Unit + + + + + + + Q. Senior Citizen/ + + + + + + + Congregate Care Housing
R. Single-Family Dwellings, + + + + + + + + + + Existing
S. Small Lot Subdivisions +
T. Social Service Uses/ + + + + + + Centers
U. Vocational/Trade Schools +
V. Student Housing Complex +
W. Urban Lot Splits + + +
X. Two-Unit Projects + + +
Y. Short-Term Rentals
_____________________________________________________________________________________________________________ Key: “+” applies in the zone.