Legislation Details

File #: 14370   
Type: Discussion Status: Passed
File created: 6/10/2026 Department: Land Use Services
On agenda: 6/23/2026 Final action: 6/23/2026
Subject: Introduction and Adoption of an Ordinance Amending the San Bernardino County Development Code Relating to Floodplain Regulations
Attachments: 1. ATT-ORD-LUS-062326-Floodplain Safety Regulations Ordinance Summary, 2. ATT-ORD-LUS-062326-Floodplain Safety Regulations Ordinance Proposed Summary, 3. ADD-EXH-LUS-6-23-2026-PC Staff Report Exhibit A- Proposed Ordinance, 4. ADD-ATT-LUS-6-23-2026-PC Commission Staff Report-revised, 5. ORD-LUS-062326-Floodplain Safety Regulations Ordinance (Final), 6. ORD-LUS-062326-Floodplain Safety Regulations Ordinance REDLINE, 7. Item #204 Executed BAI, 8. Ordinance No. 4516

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          June 23, 2026

 

FROM

MIGUEL FIGUEROA, Director, Land Use Services

         

SUBJECT                      

Title                     

Introduction and Adoption of an Ordinance Amending the San Bernardino County Development Code Relating to Floodplain Regulations

End

 

RECOMMENDATION(S)

Recommendation

1.                     Conduct a public hearing to consider proposed ordinance relating to floodplain regulations.

2.                     Find that the proposed ordinance is not a project pursuant to the California Environmental Quality Act Guidelines, Title 14 of the California Code of Regulations, Section 15378(b)(5).

3.                     Adopt the findings recommended by the Planning Commission for approval of the proposed ordinance.

4.                     Make alterations, if necessary, to proposed ordinance.

5.                     Approve introduction of the proposed ordinance.

•                     An ordinance of San Bernardino County, State of California, to amend Subsections 82.14.040(b)(1), 82.14.040(b)(2), 82.14.050(d)(1)(D), 82.14.050(d)(3)(B),  82.14.050(d)(4)(B)(I)(vi), 85.07.030(b), 85.07.030(c), 85.07.030(f)(2), 85.07.030(g), 85.11.020(b), 85.11.030(d), 86.04.010(c)(6), 86.04.010(c)(7), 810.01.080(gg)(3), 810.01.080(gg)(10), 810.01.080(gg)(15)(E), and 810.01.080(gg)(28), all of Title 8 of the San Bernardino County Code relating to Floodplain Safety regulations.

6.                     ADOPT ORDINANCE.

(Presenter: Miguel Figueroa, Director, 387-4431)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Improve County Government Operations.

Operate in a Fiscally-Responsible and Business-Like Manner.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). Adequate appropriation and revenue to complete this action have been included in the Land Use Services Land Development’s (Department) 2025-26 budget.

 

BACKGROUND INFORMATION

The County’s current floodplain regulations were adopted on April 9, 2024, at which time specific regulations pertaining to the Shaded X Zone included higher standards for elevation of the lowest floor to one foot above the natural pre-development highest adjacent grade. Subsequently, in the process of reviewing the Development Code for potential obstacles to the creation of accessory dwelling units (ADU) and junior accessory dwelling units (JADU), County staff identified the above-referenced higher standard as conflicting with conversion of existing structures or space for ADU and JADU. In addition, County staff identified a need to include designees to align review responsibilities with current departmental administration of floodplain regulations. Lastly, the review of the current regulations also revealed several technical inconsistencies in the definitions associated with floodplain regulations.

 

The proposed ordinance would amend various provisions of Title 8 (Development Code) of the County Code relating to floodplain regulations and matters identified above, including adding an exception for the conversion of existing structures into an ADU in the Shaded X Zone, updating processing and reviewing procedures to align review responsibilities with current departmental administration, and clarification of definitions to improve consistency throughout the floodplain safety regulations.

 

The proposed ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Title 14 of the California Code of Regulations, Section 15378(b)(5) because the ordinance relates to an administrative update to floodplain regulations that will not result in direct or indirect physical changes in the environment.

 

The County Code requires a recommendation from the Planning Commission for final action by the Board of Supervisors regarding amendments to the Development Code. At the Planning Commission hearing on April 9, 2026, there were no in-person public comments. The Planning Commission recommended approval of the proposed ordinance by a vote of 3-0 (Commissioners Dayal and Slowik 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.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on May 19, 2026; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 386-8392) on June 3, 2026.