Ordinance No. MC-1661
1 ORDINANCE NO. MC-1661
AN ORDINANCE 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; AND FINDING THAT THE
ACTION 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 of San Bernardino (“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 of San Bernardino 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. 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, 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 25 -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
Ordinance No. MC-1661
2 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 25-09 and adopted Resolution No. 2025-059 rejecting the ban on Short Term Rentals.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. 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 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.
Ordinance No. MC-1661
3 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 reside ntial 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 3. Amendment. Section 19.02.050 of the San Bernardino Development Code and Chapter 19.04 of the San Bernardino Development Code are hereby revised as set forth in Exhibits A, B, and C, all attached hereto and incorporated herein by these references.
SECTION 4. Certification. 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.
SECTION 5. 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, finds 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 6. 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 complian ce with the California Environmental Quality Act in approving Ordinance MC-1661.
SECTION 7. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The Mayor and City Council hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared Ordinance No. MC-1661
4 unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of June , 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Ordinance No. MC-1661
5 CERTIFICATION
STATE OF CALIFORNIA)
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 15 th day of April 2026. Ordinance No. MC -1661 was approved, passed and adopted at a regular meeting held the 17th day of June, 2026 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 18th day of June, 2026.
Telicia Lopez, CMC, City Clerk