REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 13, 2026
FROM
MIGUEL FIGUEROA, Director, Land Use Services
SUBJECT
Title
Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations
End
RECOMMENDATION(S)
Recommendation
1. Conduct a public hearing to consider the proposed ordinance relating to regulations for the creation and development of accessory dwelling units and junior accessory dwelling units.
2. Find that the proposed ordinance is statutorily exempt from the California Environmental Quality Act Guidelines pursuant to Public Resources Code Section 21080.17.
3. Adopt the findings recommended by the Planning Commission for approval of the proposed ordinance.
4. Make alterations, if necessary, to the proposed ordinance.
5. Approve introduction of the proposed ordinance.
• An ordinance of San Bernardino County, State of California, to amend Tables 82-4, 82-5A, 82-5B, 82-5C, 82-7, 82-9A, 82-9B, 82-9C, 82-11, 82-13A, 82-13B, 82-14A, 82-14B, 82-15A, 82-15B, 82-17, 82-19A, 82-19B, 82-20A, 82-20B, 82-21A and 82-21B of Division 2; to amend Tables 83-5 and 83-15 of Division 3; to amend Chapter 84.01 and to add Chapter 84.36 to Division 4, all of Title 8 of the San Bernardino County Code relating to accessory dwelling units and junior accessory dwelling units regulations.
6. ADOPT ORDINANCE.
7. Direct the Land Use Services Department to:
a. File a Notice of Exemption in accordance with the California Environmental Quality Act.
b. Submit a copy of the ordinance to the California Department of Housing and Community Development in accordance with Government Code Section 66326.
(Presenter: Miguel Figueroa, Director, 387-8311)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Adequate appropriation and revenue to complete this action have been included in the Land Use Services Department, Planning Division’s (Department) 2025-26 budget.
BACKGROUND INFORMATION
This item includes adoption of an ordinance amending County Code regulations for the creation and development of accessory dwelling units (ADU) and junior accessory dwelling units (JADU).
Recent legislation has streamlined the process for creating ADUs and JADUs including, but not limited to, Chapter 655, Statutes of 2019 (Assembly Bill [AB] 68) and Chapter 659, Statutes of 2019 (AB 881), which allowed ADUs in multi-family structures and limited local restrictions; Chapter 670, Statutes of 2019 (AB 670), which exempted ADUs from some homeowners association rules; Chapter 751, Statutes of 2023 (AB 976), which removed owner-occupancy mandates for ADUs; and Chapter 653, Statutes of 2019 (Senate Bill [SB] 13), which made ADU laws more homeowner-friendly. More recent legislation like Chapter 507, Statues of 2025 (AB 1154) and Chapter 520, Statues of 2025 (SB 543) increased allowable building heights, prohibited minimum lot size requirements, expanded parking and setback exemptions, revised owner-occupancy mandates, and established faster processing timelines, including a 15-day completeness review timeframe and a 30-day approval timeframe for pre-approved plans.
The proposed ordinance would amend various provisions of Title 8 (Development Code) of the County Code relating to ADUs and JADUs to be consistent with updates to State law. The ordinance responds to these mandates by consolidating ADU and JADU regulations into a new stand-alone chapter of the Development Code (Chapter 84.36), ensuring consistency with State law while simplifying and clarifying development standards for applicants and County staff. A detailed description of the various code amendments and regulations for ADUs and JADUs are contained within the Planning Commission Staff Report attached as a supporting document to this item.
The proposed ordinance qualifies as a statutory exemption from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17 because the ordinance is amending and establishing ADU and JADU regulations pursuant to Government Code Sections 66314 and 66333.
The County Code requires a recommendation from the Planning Commission (Planning Commission) for final action by the Board of Supervisors on amendments to the Development Code. At the Planning Commission hearing on December 18, 2025, there were no in-person public comments. The Planning Commission recommended approval of the proposed ordinance by unanimous vote of 4-0 (Fourth District Commissioner absent). The Planning Commission’s recommendation and proposed findings are included within the Planning Commission Staff Report and attached as a supporting document to this item. The proposed ordinance is being adopted same day in accordance with Government Code Section 25131 as result of following the State’s Planning and Zoning law which required the proposed ordinance be passed after notice and public hearing.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on November 20, 2025; County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 387-4205) on December 10, 2025.