Ordinance MC-1660
1 ORDINANCE NO. MC-1660
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO , CALIFOR NIA,
ADOPTING A REGULATORY PROGRAM WHICH WOULD
AMEND SECTION 19.02.0 50 (BASIC PROVISIONS –
DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL
ZONES) OF THE CITY OF SAN BERNARDINO
DEVELOPMENT CODE (SBMC TITLE 19) FOR SHORT-
TERM AND V ACATION RENTALS IN THE CITY OF SAN
BERNARDINO; AND FINDING THAT THE REGULATORY
PROGRAM IS EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, on December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2023 -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, on June 5, 2024, the City Council banned short-term rentals in the city; and
WHEREAS, at the direction of the Mayor and City Council, staff prepared a report with accompanying Resolution No. 2025 -059 – PC to the Planning Commission at their meeting of December 9, 2025, recommending a ban on short term rentals; and
WHEREAS, at said meeting of December 9, 2025, after listening to staff’s presentation and deliberating, the Planning Commission, by a unanimous vote (one Planning Commissioner absent), rejected banning short term rentals and directed staff to forward a resolution rejecting the ban to the Mayor and City Council; and
WHEREAS, the City’s Municipal Code (SBMC) does not specifically address short - term rentals; and
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
Ordinance MC-1660
2 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 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, 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
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. 202 5-059 rejecting the ban on Short Term Rentals in favor of regulating them; and
WHEREAS, on February 18, 2026, the Mayor and City Council held a duly noticed public hearing and continued the item to their meeting of March 18, 2026; and
WHEREAS, on March 18, 2026, the Mayor and City Council held a duly noticed public hearing and continued the item to their meeting of April 15, 2026.
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 Development Code Amendment 25-09 and this Resolution No. 2025-059 will result in a signifi cant 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.
Ordinance MC-1660
3 SECTION 3. Finding of Facts
Finding No. 1: The proposed regulatory program for Short Term and vacation rentals is consistent with the General Plan.
Finding of Fact: Implementation of a regulatory program is consistent with the following findings:
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.
It is acknowledged that 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 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.
Although 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 Planning Commission does not believe that a ban on short term rentals is the solution to the problem. The Planning Commission believes that regulating short term rentals will be more productive and would generate the revenue source necessary to enforce any actions related to short term rentals.
An Ordinance that supports a regulatory process for Short Term Rentals is more likely to preserve the integrity and character of the residential neighborhoods in which they are located, regulate negative impacts such as excessive noise, littering, loitering on the residential neighborhoods and the community at large , and generate revenue derived from registration and licensing fees to assist with enforcement these uses.
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 of an Ordinance regulating Short Term and vacation rentals is in the interest or furtherance of the public health, safety, convenience, and general welfare than banning them. Regulating Short Ordinance MC-1660
4 Term and vacation rentals will allow owners of properties in the City to legally utilize their homes or properties for Short Term Rentals in a city that may not have adequate supply of hotel and motel rooms for large events. The transient occupancy taxes collected will also boost the city’s General Fund revenue.
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 Development Code Amendment 25-09.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, 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 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 from the date of adoption.
APPROVED and ADOPTED by the Mayor and City Council this 15th day of April, 2026.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Telicia Lopez, CMC, City Clerk
Approved as to form:
________________________
Sonia Carvalho, City Attorney
Ordinance MC-1660
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-1660, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of April 2026. Ordinance No. MC -1660 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 MC-1660
6 EXHIBIT A
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 MC-1660
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:
Ordinance MC-1660
8 TABLE 04.01
PERMITTED, DEVELOPMENT PERMITTED, AND
CONDITIONALLY PERMITTED USES
LAND USE ACTIVITY RE RL RS RU RM RMH RH RSH
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
Ordinance MC-1660
9 R. Student Housing Complex X X X X X X X C
R. Short-Term Rentals X X P P P X X X
Ordinance MC-1660
10 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.
EXHIBIT C
19.04.030(2) shall be added to read as follows:
“Y. Short-Term Rentals
1. Permit Required.
a. A current, valid annual permit issued by the City to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a short- term rental property. A copy of the permit shall be posted inside of the rental property.
b. No permit issued pursuant to the requirements of this section shall be transferred to any other person. Change of ownership of a property with a short-term rental permit shall require filing of a new application.
c. No permits shall be issued for home-sharing.
2. Eligibility.
a. Short-term rentals may be permitted in any residential zone which permits single- family residential uses, and which is developed with an existing single-family residence.
b. No short-term rental shall be permitted at any property located within a designated high-fire area.
c. No permits for a short-term rental shall be issued to any property subject to a restricted affordable housing covenant.
d. No permits for a short-term rental shall be issued to any ADU permitted in accordance with Section 19.04.030(2)(P).
e. No short-term rental property shall be rented for a cumulative period exceeding 120 days within any calendar year (January 1 – December 31).
3. Procedure.
a. An owner shall apply to the City for a license annually for each short-term rental property and pay a fee established by Resolution, which may be amended from time to time. The City shall provide an application form and list of application and insurance requirements.
b. Any application for a property owned by a corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, trust, etc.) shall be submitted only by a person authorized to submit such application.
EXHIBIT C
c. An owner may not hold more than one permit, and may renew that permit, unless they have been revoked or not renewed. Applications for renewal shall be submitted a minimum of 30-days of permit expiration.
d. Owner shall comply with pre-licensing & renewal inspection requirements prior to issuance of license / permit or renewal.
4. Operational Requirements.
a. The owner and owner’s agent shall ensure that the vacation-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations. b. Guest check-ins may be performed in person or virtually by the owner/agent. The responsible party must be provided with a copy of the City’s Good Neighbor Policy prior to or during check-in and a signed copy kept on file by the owner/agent. An additional copy shall be made available on-site. c. Overnight occupancy of the short-term rental property shall always be limited to the number stated on the permit. Such occupancy shall not exceed two adults per bedroom; but the total number of persons may not exceed 8 persons per stay. d. The maximum number of people permitted at the property shall not exceed 12 people at one time.
e. No party, wedding, or other large social gathering exceeding the maximum capacity allowed under Section 19.04.030(2)(Y)(4)(d) of this Chapter shall be permitted at a short-term rental property.
f. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property pursuant to Chapters 8.54 and 9.48 on the Municipal Code. g. All short-term rental properties shall install a noise monitoring device capable of alerting the owner/agent in the case of outdoor noise in excess of 65 decibels (dBs).
h. Parking is allowed only in designated driveways and garages and is not allowed in the yard or street at any time.
i. The owner shall include notice to the responsible party of the requirements of this section and post a visible notice of these requirements at the property. j. The property owner/agent shall make available to the responsible party a 24/7 contact number in case of emergency. This number shall be available at the property.
EXHIBIT C
k. Any complaints registered against a property shall be responded to within 60 minutes of notification by the City to the owner/agent. l. Upon the request of the City, the owner/agent shall respond in person at the short- term rental property within 60 minutes of dispatch of notice by the City to correct a violation of this section or any other provision of the Municipal Code.
5. Agent. An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the City of any grant of authority, including the identity and contact information for the agent. The owner shall promptly give the City prior written notice of any change to any such grant of authority. The use of an agent shall not excuse the owner from the owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the City.
6. Transient Occupancy Tax.
a. The owner is responsible for collecting and remitting transient occupancy tax to the City and shall comply with all provisions of Chapter 3.55 of the Municipal Code
b. Hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and remitting the same to the City. The hosting platform shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.55 of the Municipal Code. c. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.
d. Permit holders making two or more late submittals in a 12-month period shall not have their license renewed upon expiration.
7. Inspections and Audits.
a. Each owner/agent shall comply with pre-licensing & renewal inspection requirements prior to issuance of permit or renewal. Property inspection is required to verify that the subject property is in compliance with the standards of this section and the Municipal Code.
b. Each owner/agent shall provide the City, upon request, with access to the short- term rental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the City may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this section are being fulfilled.
EXHIBIT C
8. Hosting Platform Responsibilities.
a. Subject to applicable laws, hosting platforms shall, upon written request by the City, promptly disclose to the City each vacation-rental property listing located in the City, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.
b. A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the City indicating that a listing violates applicable legal requirements. c. A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts beginning January 1, 2025, in accordance with Subsection 6 above.
d. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license number no later than January 1, 2025.
9. Violations and Penalties.
a. Any owner or permit holder in violation of any requirements of this section shall be subject to the enforcement provisions of Chapter 9.93 of the Municipal Code. b. Permit holders who received three violations shall not have their license renewed upon expiration.”