San Bernardino council adopts urgency ordinance to align accessory-dwelling rules with new state laws

The San Bernardino City Council approved an urgency ordinance to update the city's accessory dwelling unit (ADU) rules to comply with two state laws enacted this year, AB 2533 and SB 1211, city staff said during a public hearing.

The council adopted the urgency measure to avoid a statutory deadline that would otherwise render the city's ADU ordinance void if it remained out of compliance. The urgency ordinance takes effect immediately; an identical ordinance was introduced for formal adoption at a later meeting, staff said.

What changed: Staff summarized the principal changes lawmakers made this year. AB 2533 extends a state provision that bars local governments from denying permits to legalize ADUs created by unpermitted construction: under the change the protection now applies to units built before Jan. 1, 2020 (it had previously applied to units built before Jan. 1, 2018). SB 1211 broadens prohibitions on requiring replacement parking when a garage or covered space is demolished for an ADU to also ban replacement of uncovered parking spaces. SB 1211 also adds a statutory definition of "livable space" and changes the rules that apply when multiple detached ADUs are proposed on multifamily properties, allowing a jurisdiction to permit up to eight detached ADUs on an existing multifamily parcel so long as the number of detached ADUs does not exceed the number of principal units on the property and other statutory limits are observed.

Council deliberations: Planning staff gave the presentation and answered council questions about the timing and the limits imposed by state law. Council member Sandra Ibarra said she shared concerns about how some ADU projects have been constructed and the impacts such units can have on parking and sewage for existing neighborhoods. Council member Javier Sanchez described the adoption as a state mandate and moved to approve the staff recommendation.

Vote: The motion to adopt the urgency ordinance passed on a recorded roll call. Votes recorded during the meeting were: Council member Sanchez — yes; Council member Ybarra — yes; Council member Figueroa — yes; Mayor Pro Tem (unnamed at time of vote) — no; Council member Knauss — yes; Council member Flores — yes; Council member Ortiz — yes. The mayor pro tem's recorded no vote was noted by the clerk; the ordinance passed 6-1.

Legal and procedural notes: Staff said the urgency ordinance is required so the city's ADU ordinance does not become null and void because the legislature changed the underlying state code late in the year. The staff report referenced the city's existing ADU ordinance (Ordinance No. 1559, adopted May 2021) and the subsequent urgency update adopted in December 2022 (Ordinance No. 1604) tied to prior state changes (SB 897). Staff also told the council an identical, non-urgency ordinance would be introduced and returned for formal adoption on Jan. 15, followed by an effective date in February, so local ADU standards remain continuously in force.

What the council did not change: Council members emphasized that the urgency update does not change the city's square-footage limits where state law sets a ceiling; several council members urged staff to return with any possible adjustments consistent with state law if additional local controls are permissible.

Background: City staff said the current local ordinance had already established several ADU standards, adopted in 2021 and updated in 2022 to match earlier state law changes. The 2024 bills require a further ministerial update. Planning staff identified Travis Martin as the presenter on the item.

Next steps: Staff will return with the identical ordinance for formal adoption on the council's Jan. 15 meeting; council members asked staff to monitor implementation issues such as parking, sewer capacity and compliance enforcement.