Resolution No. 2025-059-PC
1 RESOLUTION NO. 2025-059-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE
MAYOR AND CITY OF SAN BERNARDINO, CALIFORNIA,
FORWARDING RECOMMENDATION TO THE MAYOR AND
CITY COUNCIL RECOMMENDING DEVELOPMENT CODE
AMENDMENT 25-09 AMENDING 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) IN
ORDER TO ESTABLISH A BAN ON SHORT-TERM RENTALS
IN THE CITY OF SAN BERNARDINO; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 2 5-09 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 vacation rentals; and
WHEREAS, the City’s Municipal Code (SBMC) does not specifically address short-term vacation rentals; and
WHEREAS, the City’s Municipal Code (SBMC) does not specifically address short-term vacation 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 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; 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
Resolution No. 2025-059-PC
2 WHEREAS, on June 5, 2024, the City Council banned short-term rentals in the city; and
WHEREAS, Development Code Amendment 2 53-09 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
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 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; 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 recommending the adoption of the Development Code Amendment 25-09 to the Mayor and City Council.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO DECLARE 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 Planning Commission, 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 25-091 and this Resolution No. 2025-059 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 in the environment.
SECTION 3. Finding of Facts – Development Code Amendment 25-09
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 25-09 is consistent with the General Plan, as follows:
Resolution No. 2025-059-PC
3 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 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 and implementation of Development Code Amendment 25-09 banning Short Term Rentals preserves the integrity and character of the residential neighborhoods in which they are located prevents negative impacts such as excessive noise, littering, loitering on the residential neighborhoods and the community at large.
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 25-09 is in the interest or furtherance of the public health, safety, convenience, and general welfare by banning Short Term Rental and preserving the residential characteristics of residential zoning districts while mitigating the harm to the residential zoning districts that result from short-term rentals.
SECTION 4. Adoption of Resolution. Development Code Amendment 25-09 to amend Section 19.02.050 (Definitions) and Chapter 19.0 4 (Residential Zones) of the City of San Bernardino Municipal Code (Title 19 ), attached hereto and incorporated herein by reference as Exhibit “A” through “B”, is hereby approved.
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 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.
Resolution No. 2025-059-PC
4 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, clause s, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 8. Notice of Adoption . The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
APPROVED and ADOPTED by the Planning Commission this 9th day of December, 2025.
__________________________________
Lisa Sherick, Chairperson
San Bernardino Planning Commission
Attest:
____________________________
Gabriel Elliott
Planning Commission Secretary
City of San Bernardino
Resolution No. 2025-059-PC
5 CERTIFICATION
I, Alyssa Blancas, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2025 -059, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 9th day of December, 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
_____________________________
Alyssa Blancas, Recording Secretary,
City of San Bernardino, California