RESOLUTION NO. 2023-043 - PC
1 RESOLUTION NO. 2023-043 - PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
FOW ARDING A RECOMMENDATION TO THE MAYOR
AND CITY COUNCIL RECOMMENDING APPROV AL OF
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; AND FINDING THAT DEVELOPMENT
CODE AMENDMENT 23 -01 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 has determined that there should be a reasonable balance between the regulation of short-term rental operations and the recognized need to protect the residential character of neighborhoods in which they may be located; and
WHEREAS, on December 22, 2022, the Planning Commission received and filed an update on the state of short-term rentals in the City and forwarded a recommendation to the Mayor and City Council to direct staff to develop a regulatory scheme for short-term rentals in the City’s residential districts; and
WHEREAS, on January 18, 2023 , the Mayor and City Council recommended that staff work to adopt a regulatory scheme for short-term rentals; and
WHEREAS, on February 27, 2023, the Planning Commission heard a report from staff and conducted a workshop to provide staff direction to include or consider items to regulate short- term rentals; and
WHEREAS, Development Code Amendment 23-01 is a City -initiated amendment to 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; and
WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 23-01 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan , and compliance with the City of San Bernardino Development Code; and RESOLUTION NO. 2023-043 - PC
2 WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development Department evaluated Development Code Amendment 23-01 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on November 4, 2023, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which Development Code Amendment 23-01 would be considered; and
WHEREAS, on November 14, 2023, 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 the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 23-01 and at which meeting, the Planning Commission considered Development Code Amendment 23-01.
Upon conclusion of the public hearing the Planning Commission continued the item to allow staff time to address comments raised during the public hearing; and
WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held the duly -noticed continued public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 23 -01 and at which meeting the Planning Commission Development Code Amendment 23-01; and
WHEREAS, pursuant to the requirements of Section 19.42.030 (Development Code Amendments – Commission Action on Amendments) of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Mayor and City Council the approval of the Development Code Amendment 23-01.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision -making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Code Amendment 23-01. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission hereby recommends to the Mayor and City Council, as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3), the RESOLUTION NO. 2023-043 - PC
3 “common sense” rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This amendment establishes standards for the rental of existing residential properties in areas zoned for residential use and therefore does not have potential to cause a significant effect on the environment; and
(3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.
SECTION 2. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 23-01:
Section 19.42.050 of the City of San Bernardino Development Code requires that Development Code Amendments meet certain finding prior to approval by the Mayor and City Council.
Accordingly, the following findings are provided in support of the recommendati on by the Planning Commission for the approval of Development Code Amendment 23-01:
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 23-01 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 character is defined by many factors: what the neighborhood looks like, what it feels like, how well it is maintained, etc. 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 rise of short -term rentals within the City has created the need to establish regulations to ensure the compatibility between short-term rentals and the residential character of neighborhoods in which they may be located in order to mitigate any potential conflicts that may arise from their operation.
The adoption and implementation of Development Code Amendment 23-01 is consistent with the City’s General Plan by allowing for the development of Short-Term Rentals within residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large.
RESOLUTION NO. 2023-043 - PC
4 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 23-01 is in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations that will preserve the residential characteristics of residential zoning districts and mitigate the harm to the residential zoning districts that result from short-term rentals.
SECTION 3. RECOMMENDATION FOR DEVELOPMENT CODE
AMENDMENT 22-03:
Pursuant to Section 19.42.030 (Development Code Amendments – Commission Action on Amendments), the Planning Commission forwards the amendments to the Development Code attached hereto as EXHIBIT "A" through "C" for approval by the Mayor and City Council.
SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2023 -043, forwarding a recommendation that the Mayor and City Council:
a. Find the Exemption, pursuant to Section 15061(b)(3) of the CEQA Guidelines for Development Code Amendment 23 -01, a nd directing the Director of Community Development to prepare and file with the Clerk of the County of San Bernardino a Notice of Exemption as provided under Public Resources Code Section 2 l 152(b) and CEQA Guidelines Section 15062; and
b. Approve Development Code Amendment 23-01 based on the Findings of Fact.
SECTION 5. SEVERABILITY:
If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. CUSTODIAN OF RECORDS:
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002.
RESOLUTION NO. 2023-043 - PC
5 PASSED, APPROVED AND ADOPTED this 12th day of December 2023.
Monique Guerrero, Chairperson
San Bernardino Planning Commission
ATTEST:
Mary E. Lanier, Planning Commission Secretary
City of San Bernardino, California
RESOLUTION NO. 2023-043 - PC
6 CERTIFICATION:
I, Jennifer Meamber , Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2023 -043 - PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 12th day of December 2023, by the following vote, to wit:
AYES: Guerrero, Lopez, I. Garcia, Quiel, Flores, Sherrick, & O. Garcia
NOES:
ABSENT: Armstead & Lewis
ABSTAIN:
Jennifer Meamber, Recording Secretary
City of San Bernardino, California