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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: April 15, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Continuation of the Public Hearing of March 18, 2026 - Short Term Rentals (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
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
This is a continuation of the Public Hearing.
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Community Development & Housing Department staff have provided two possible ordinances based on previous City Council action and direction. A third option is to take no action.
After reviewing the options and advantages of each option, I recommend moving forward with the regulatory option which would be consistent with the Planning Commission action. I understand that there are concerns with code enforcement.
Under either a regulatory or ban the City would have code enforcement. I believe that this would be an additional code to regulate and would not be designated to one officer.
I recommend that if we see a code enforcement issue we reevaluate next year.
In my experience the use of the outside company will be used as an added function on this code enforcement function.
In addition, the City will initiate charging TOT to short-term rentals consistent with the current TOT regulations by the end of the Fiscal Year.
Executive Summary
The consideration of a Short-Term Rental program was continued from the City Council meeting of March 18, 2026, to allow staff to present a Regulatory Program to initiate a 2-Year Pilot Program at the direction of the City Council. This report includes how other cities in the Southern California and the Inland Empire have addressed short- term rentals in their communities along with a collection method for TOT consistent with the San Bernardino Municipal Code.
Also, in response to City Council concerns, Deckard Technologies will honor the amount on the contract agreed upon last year.
Also, additional information has been provided identifying how proposed permit fees were reached and information on what other selected cities are doing with regulations and assessments.
In the past, when this item was presented to the City Council, staff had recommended prohibiting Short Term Rentals within the city’s high fire prone areas. Most of the properties in the fire prone areas are zone RE (Residential Estate) and RL (Residential Low). The same recommendation will apply should the Mayor and City Council wish to adopt Ordinance 1660.
Background
Statewide, STRs are a part of California’s tourism market; however when left unregulated, they can lead to 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 3 2
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residential properties to travelers and for weekend retreats as short-term 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 has received five (5) complaints (CRMs) over the last four years, mostly to the Police Department, regarding Short-Term Rental operations in the city. The nature of the complaints include the following:
Parking violations and blocked driveways in surrounding neighborhoods Public drinking and lewd acts in vehicles
Fights in the streets and disturbances with neighbors
Loud music from residences and attendee vehicles
Arguments and confrontations with nearby residents
Reports of attendees being charged admission
Leaving alcohol bottles/cans and/or trash in the neighborhood, streets, gutters, on neighbor’s properties
The general locations of the properties identified are as follows:
400 Block of S D St – 2 CRMs
500 Block of Edgerton Dr – 1 CRM
400 Block of Edgerton Dr – 1 CRM
6000 Block of Ashton St – numerous complaints received (all of the bullet point issues noted above by PD were noted by neighbors of this property) Edgerton Dr., and Ashton Str., properties have especially been identified as “problem” locations by the Police Department.
The City’s Municipal Code (SBMC) does not specifically address short-term rentals. However, a commercial use is generally prohibited in residential zones, unless specifically permitted. Because the SBMC does not expressly prohibit or allow short-term 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 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 convenience and marketability of online Short-Term Rental websites such as Airbnb.com, Homeaway.com, and VRBO.com have encouraged City property owners (and leaseholders) to rent residential properties to tourists and other visitors on a short-term basis.
Prior Actions
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On December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2023-043PC forwarding a recommendation (Attachment 4) 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 rental program and 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. Staff was directed to bring back further analysis on short-term rentals and program enforcement.
On June 5, 2024, when the item was brought back to the City Council as directed, the Council, by a narrow majority, voted to ban short-term rentals in the city and requested that staff bring back an enforcement plan.
In 2024, when the item was brought to the Mayor and City Council, the following cost analysis was provided to Council:
San Bernardino Short Term Rental Permit Fee Study –
Updated from 2024 with current numbers
(Attachment 10 – 2024 Analysis)
Positions Burdened Hourly
Rate
HR x 0.5 HR x 2 # of hours per
permit
Cost Per
Permit
Cost Per Permit with
inspection
Planning Aide $ 52,50 $ 26.10 $104.40 0.5 $26.10 $26.10 Senior Planner $ 82.94 $41.47 $65.88 2 $165.88 $165.88
Senior Customer Service Rep $52.03 $ 26.02 $104.06 0.5 $ 26.02 $ 26.02 Inspection Cost $100.00 $100.00
Code Enforcement Officer II $ 53.78 $ 26.89 $ 107.56 1 $ 53.78 $ 53.78 Accounting Technician $39.64 $ 19.82 $ 79.28 0.5 $19.82 $ 19.82 Total Staff Cost $ 380.59 $ 140.30 $ 561.18 $ 291.60 $ 391.60 Technology Fee – 2% $8.10 $8.10
General Plan Update Fee – 2% $8.10 $8.10
$ 307.80 $ 407.80
% 100 prop % 200 prop % 300 prop
Regulatory Platform/Software $25,000.00 $ 250.00 $ 125.00 $83.33 Inspection Fee Not Included $ 557.80 $ 432.80 $ 391.13
Inspection Fee Included $ 657.50 $ 532.80 $ 491.13
On December 9, 2025, staff presented a Resolution to the Planning Commission banning short-term rentals and Development Code Amendment 25-09 providing the mechanism to adopt the ban. However, the Planning Commission rejected the ban and instead re-forwarded Planning Commission Resolution 2023-043 (Attachment 3) memorializing their decision to push forward a recommendation to approve a regulatory program.
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On February 18, 2026, staff presented two Ordinances for consideration, Ord. MC- 1660 adopting a regulatory program, and Ord. MC-1661 banning short-term rentals, along with Development Code amendment 23-01 (Short-Term Rental Program) to the Mayor and City Council, with a recommendation to adopt a Short-Term Rental program and 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. Staff was directed to bring back a revised regulatory program that would serve as a 2-year pilot program for short- term rentals.
On March 18, 2026, the item was continued to allow staff to provide additional information regarding regulating or prohibiting STRs in the city residential districts.
Discussion
To formally address the issue of short-term rentals in the City and provide the City Council with options, two separate ordinances have been drafted for consideration.
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 less than thirty (30) 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.
Registration Fees
The proposed regulatory program includes an annual registration/permit fee. Based on a survey of comparable jurisdictions, estimated fees range from $500–$675 (without inspection) and $600–$775 (with inspection). The ordinance does not establish a specific fee amount. Instead, it authorizes the City Council to adopt fees by separate resolution. As such, the City Council has not formally set the fee at this time and may do so concurrently with ordinance adoption or direct staff to return with a formal fee study and recommended fee schedule.
Ordinance MC-1660: Short-Term Rental Regulatory Program establishes a regulatory program for short-term rentals that includes property identification, application and permit process, guideline enforcement, and TOT collection.
Advantages of a Regulatory Program
Implementing a regulatory program for short-term rentals allows the City to bring structure, accountability, and transparency to the community. Clear regulations, such as permitting requirements, occupancy limits, safety standards, and tax collection, help ensure that short-term rentals operate responsibly and on a level playing field with traditional lodging providers. A formal program also enables the city to collect fees that can be used for cost recovery services and reinvested into community services.
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allowing property owners to participate in the short-term rental economy. By establishing rules related to noise, parking, and property management, the City can address common community concerns and reduce nuisance issues before they escalate. When managed effectively, a short-term rental program can support local tourism, generate additional revenue, and balance economic opportunity with neighborhood stability.
Most importantly, a regulatory program will allow the city to collect fees from the 108 properties that are currently listing on various hosting platforms.
If the Mayor and City Council chose to adopt this Ordinance, staff’s recommendation includes allowing Short Term Rentals in residential zones with the exception of those properties that are in high fire prone areas, based on the city’s zoning map. Those properties are typically zoned RE (Residential Estate) and RL (Residential Low). Short- Term Rentals would be allowed in RS (Residential Suburban), RU (Residential Urban), RM (Residential Medium Density), RHM (Residential Medium High) and RH (Residential High) zoning districts.
Ordinance MC-1661: Short-Term Rental Ban
Establishes a ban on short-term rentals that includes property identification, enforcement with fines and TOT collection.
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 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, and most importantly, the city will not collect registration and other associated fees relative to STRs.
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.
Enforcement and Fine Structure
The proposed ordinance includes enforcement provisions; however, specific fine amounts and tiered escalation penalties are not currently codified within the ordinance text. The comparative analysis indicates that many jurisdictions impose fines of 3 2
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approximately $1,000 per day for operating without a permit, with some cities utilizing escalating penalties for repeat violations. Should the City Council wish to implement a stricter enforcement framework, including tiered or escalating fines, additional ordinance language or amendments to the City’s administrative citation schedule would be required.
Third, it would close a potential source of revenue for the city with the registration of properties and subsequent enforcement actions necessary.
Associated Costs
A ban on short-term rentals will not eliminate the City’s enforcement costs. To effectively manage short-term rentals, whether a ban is in place or there is a regulatory program, 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 rentals properties.
Deckard Technologies utilizes Rentalscape, a platform that accurately tracks 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 its community districts and ensures that everyone is held accountable. Currently, Deckard Technologies has identified approximately 108 properties in the city that are advertised through the various rental platforms. See table “N” below.
This indicates that there are at least 108 properties that are operating in the city without a permit, registration, or inspection. With regulation in place, permit holders will follow all guidelines and ordinances, pay their permit fees, and contribute to the TOT collection. 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.
There are costs associated for monitoring and tracking short-term rentals through Deckard Technologies (Attachment 5). The contract for Rentalscape only, which includes identification, monitoring, and compliance letters; is $7,500 annually. The contract for Rentalscape, Online Registration, and TOT registration and collection is $16,500 annually. Should the City opt into additional services through Deckard for short-term rentals, the annual cost could be up to $25,000. These costs will come out of the General Fund and can only be replenished by the permit fees associated with a regulatory program and/or the fines assessed to those operating in violation of the Ordinance.
The cost of enforcing a Short-Term Rental (STR) program can be evaluated at multiple levels depending on the scope of services included. Direct program costs include the one dedicated Code Enforcement Officer time and the cost of the technology needed to monitor STRs. A more comprehensive estimate of enforcement costs may include additional operational expenses such as vehicle use, equipment, and administrative 3 2
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support. When these factors are considered, the fully loaded cost of enforcement is estimated at approximately $150,000–$165,000 annually. Police Department (PD) response costs are not included in this estimate. Activities such as noise complaints, disturbances, and general public safety responses fall within the Department’s existing core service responsibilities and are not considered incremental costs attributable solely to short-term rental activity. While other indirect costs (e.g., legal or administrative processing) may occur, they are expected to be minimal and are not anticipated to materially impact the overall cost of the program.
Below are examples of the type of services Deckard Technologies will provide to the city.
Example of data provided by Deckard Technologies – Table “M” Properties that may be currently listing on various platforms – Table “N”
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Take No Action
The option to take no action would mean that neither a ban nor regulatory program 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 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
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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
To complete the changes needed within the Development Code, an Amendment will need to be processed: The proposed DCA 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, EXHIBIT A1). EXHIBIT A is attached to Ordinance 1660 and EXHIBIT A1 is attached to Ordinance 1661. If the Mayor and City Council adopt Ordinance, it will prohibit Short-Term rentals in the Residential Estate (RE) and Residential Low (RL) zoning districts which are areas of the city prone the high fire risks.
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 permitted use within specific single-family and multi-family residential zones (Exhibit B, EXHIBIT B1). Exhibit B will allow STRs in the RS, RU, RM, and RMH zoning designations. Exhibit B1 will prohibit STRs in all residential zones.
Alternatively, the Development Code will also amend Chapter 19.04 (Residential Zones), Table O4.01 (Permitted and Conditionally Permitted Uses) to add short-term rentals as a prohibited use will all single-family and multi-family residential zones (Exhibit C, EXHIBIT C1). Exhibit C will allow STRs in the RS, RU, RM and RMH zoning designations. Exhibit C1 will prohibit STRs in all residential zones. 3 2
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Implementation
Regulatory Program - Based on a survey staff conducted of cities in Southern California and the Inland Empire that have strong Short-Term Rental programs, staff crafted a regulatory program enforcing participation requirements, permit processing, fees/fines, and TOT collection. (Attachment 6).
Specifically, the city samples Big Bear City, County of San Bernardino, City of Los Angeles, City of Palm Springs, and the City of Santa Monica, a host of topics ranging from registration permits/business license requirements, fees, home sharing vs vacation rentals, density, stay length, enforcement, and TOT, and hosting platform. Most cities and the county required annual licenses. The table below provides a summary of findings. Please see Table below. 3 2
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Registration
San Bernardino Big Bear SB County Los Angeles Palm Springs Santa Monica Annual permit
required;
No more than one
license per owner;
Potential for no more
than 2 licenses per
owner;
Property can be
owned by individuals
and non-individuals if
connected to property
owner;
Notification required to
surrounding property
owners;
Annual license
required;
Poster ID inside the
unit;
Owner/agent subject
to certification exam
annually;
Change of ownership
requires new
application;
Property can be
owned by individuals
and non-individuals;
1 permit only.
Annual license required;
Poster ID sign inside the
unit;
No more than 2 licenses
per owner;
1 STR if no more than 2
acres;
2 STRs if more than 2
acres;
Owner /agent subject to
certification annually;
Notification required to
surrounding property
owners;
Only 1 permit.
Annual license
required; Valid ID;
Proof of primary
residence;
Landlord approval if
renter;
Regulation
agreement;
No prior open
citations/NOV;
Property can be
owned by individuals
and non-individuals;
1 permit.
Annual license
required;
Annual renewal;
Only issued to
person, Family Trust,
or LLC;
Change of ownership
required new
application;
Annual educational
program with test;
HOA property ok with
approval;
1 permit only.
Annual license required;
Renewal annually with FY;
Must provide two of the following:
(proof of primary residence, valid
ID, DMV registration, income tax
(redacted), property bill, utility
bill;
Proof of ownership, grant deed,
property tax bill;
Issued to person, family trust,
LLC;
No transfers;
HOA property ok with
authorization;
Must check CCRs and rental
agreements;
Only 1 permit.
Fees
San Bernardino Big Bear SB County Los Angeles Palm Springs Santa Monica With an inspection
fee $600 - $775;
Without inspection
fee- $500 - $675.
$550 Application - $600
Permit issuance- $285;
Annual Renewal - $600;
Surrounding property
notification - $485;
Application and
renewal - $183
Application and
renewal - $1009;
HS - $252
$100 – application
$50 – renewal;
Business license tax – based on
tax rate/group;
Review - $290.
Enforcement
San Bernardino Big Bear SB County Los Angeles Palm Springs Santa Monica 24/7 compliance
hotline;
Owner/agent must
respond within 30
mins of dispatch
notice of problem.
Owner/agent must
respond in person
within 30 mins. Of
dispatch notice of
problem.
Owner/agent must
respond within 30 mins of
dispatch notice of problem
and be available in person
within 1 hr;
Each STR owner must
keep a record of
complaints, responses,
and resolutions;
Must be made available
upon request.
ACE program to
issue citations;
Proactive ACP
Program.
Owner/agent must
respond in person
within 30 mins of
dispatch notice of
problem & must cure
the violation within 60
mins.
2 citations will result in a 30 day
suspension;
3 or more citations will result in
revocation.
TOT Tax
San Bernardino Big Bear SB County Los Angeles Palm Springs Santa Monica Owner responsible for
submitting forms;
Begin collection in
2026;
Hosting platform may
submit forms, collect
TOT and remit to city.
2 or more late
submittals result in
non-renewal.
Owner responsible
for submitting forms;
2 or more late
submittals result in
non-renewal.
Owner/hosting platform
responsible for submitting
forms.
Owner/hosting
platform responsible
for submitting forms.
Owner responsible
for submitting forms
and paid monthly
even if no booking
occurred;
TOT certificate from
city.
Owner/hosting platform
responsible for submitting forms.
Hosting Platform
San Bernardino Big Bear SB County Los Angeles Palm Springs Santa Monica Regulation apply with
hosting platform.
Required to remove a
listing if asked by
city.
Regulation apply with
hosting platform.
May only advertise
on hosting sites listed
on application;
Shall not process
booking for locations
exceeding the 120-
day limit.
Regulations apply
with hosting platform.
Limited to 2 adds on each
platform;
Book no more than 2 groups at a
time.
Traffic & Parking
San Bernardino Big Bear SB County Los Angeles Palm Springs Santa Monica Limited to on-site
parking only
Amended Parking
standards- allowed in
driveways/garage;
Max/min # of parking
spaces required;
Limited to on-site parking;
No street parking or
parking on neighboring
properties.
None. 1 car per bedroom;
Must use
driveway/garage
before parking on
street.
1 vehicle per bedroom.
Fines
San Bernardino Big Bear SB County Los Angeles Palm Springs Santa Monica Default to MC – Code
Enforcement;
Admin citation for
operating without a
license; $1000/day.
Admin citations for
operating without a
license: First w/o
license $5,000;
Second w/o license
$10,000; third-
escalating fines
estimated at MCC;
Responsible for past
TOT owed;
Other violations
outside of
unpermitted
operation -
$500/$1000;
Listing with false info
- $2500- license can
be revoked.
Up to $500/day. Hosting platform
$1145/day if (a)
listing/booking
without permit (b)
information provided
does not match
application(c) if
permit had been
revoked (d) booking
over 120-day limit;
STR owner:
$$572.63/day or
twice late;
For advertising
without permit -
$2290.50/day or
twice late;
Fine adjusted
annually.
First ACP violation
$500;2nd $1000, 3rd
in 12 months =
suspended permit.
Operating w/o permit-
liable for TOT
payment & ACP of
$5000, permanent
ineligibility to operate
STR;
If violation continues
ACP of $10,000
applies;
Advertising without
permit = $2500 fine
and 6 month
suspension; 2nd
$5000 +permit
revoked.
Admin citation for operating
without a license = $1000 fine
per day per violation + cost of
investigation.
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The remainder of the information gathered is included in attachment 6, SoCal City Program Survey.
The regulations governing short-term rentals will become effective 30 days following second reading and adoption of Ordinance MC-1660 by the Mayor and City Council. All properties currently operating as a Short-Term Rental location will be required to apply with the City through an application process, be issued a permit and register for the payment of TOT. Any short-term rentals operating outside of the regulatory program will need to cease their operations and will be subject to any applicable violations and will be responsible for paying associated TOT to the City.
If the City Council adopts Ordinance 1661 and bans short-term rentals in all residential zones, any short-term rentals operating in the city will need to cease their operations and will be subject to any applicable violations and will be responsible for paying associated TOT to the City. Deckard Technology with their Rentalscape software will identify the properties that are listed in the city for rental and those that leased their properties for rental. Slides 10 and 11 of the accompanying PowerPoint presentation identifies how the technology can be applied to the City of San Bernardino.
Ban - If the Mayor and City Council adopts Ordinance 1661 to ban short-term rentals in all residential zoning districts, any short-term rentals operating in the city will need to cease their operations and the City will send all properties operating as a Short- Term Rental a letter notifying them of the ban and will provide operators with 60 days to comply or face enforcement measures.
Property owners of short-term rentals, whether within a regulatory program or a ban, will be responsible for reporting and paying into the City’s Transient Lodging Tax/Transit Oriented Tax (TOT).
Strategic Targets and Goals
A Development Code Amendment regulating or banning Short Term or vacation rentals is consistent with the City’s General Plan and 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. Total enforcement costs can be conservatively estimated to be approximately $165,000 leaving an annual net positive impact to the General Fund of approximately $159,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, 3 2
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California:
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 Program For Short-Term Rentals, Exhibit B Development Code Section
19.04.020, Exhibit C, Development Code Section 19.04.030(2).
Attachment 2 Ordinance MC-1661, Establishing a Ban on Short-Term Rentals, Exhibit B1, Development Code Section 19.04.020, Exhibit C1, Development Code Section 19.04.030(2).
Attachment 3 PC Resolution 2025-059
Attachment 4 PC Resolution 2023-043 – Prior PC Approval for Regulatory Program
Attachment 5 Deckard Proposal & SB MSA (Combine) Attachment 6 SoCal City Program Survey
Attachment 7 PPT Short-term Rental Presentation Attachment 8 Proof of Publication
Attachment 9 Notice of Public Hearing Continuation on Short-Term Rentals Attachment 10 2024 City Short Term Rental Permit Fee Study 3 2
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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.
December 9, 2025 Staff presented Resolution No. 2025-059 to the Planning Commission banning Short-term rentals and Development
Code Amendment 25-09 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.
February 18, 2026 Staff presented Development Code amendment 23-01 (Short- Term Rental Program) to the Mayor and City Council, with a recommendation to adopt a Short-Term Rental program and 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.
March 18, 2026 Mayor and City Council continued the item to the meeting of April 15, 2026.
CC
Eric Levitt, City Manager