FROM:
Planning Department
TITLE:
Title
Master Case No. (MCN) 26-0060 and Municipal Code Amendment (MCA) No. 26-0006: Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) to modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) to comply with State of California law, pursuant to statutory exemption from the California Environmental Quality Act Under Section No. 21080.17 of the Public Resources Code.
End
RECOMMENDATION:
Based on the information contained in the staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2026-____, and forward a recommendation to the City Council to:
1. Determine that the proposed ordinance is statutorily exempt from the from the California Environmental Quality Act (“CEQA”) pursuant to California Public Resources Code section 21080.17 as CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulated JADUs, as defined by section 66313; and,
2. Approve a Resolution recommending the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 26-0006 to amend Chapter 30 of the Municipal Code.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Citywide
REQUEST:
Municipal Code Amendment No. 26-0006 - A request to amend Chapter 30 of the Fontana Municipal Code that will modify Section No. 30-467 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with State of California Law.
PROJECT PLANNER:
Cecily Session-Goins, Senior Planner
BACKGROUND INFORMATION:
1. In 2026, the California Legislature approved, and the Governor signed into law, two new bills - AB 956 and SB 1117 - that further amend State ADU law.
PROJECT DESCRIPTION:
Municipal Code Amendment No. 26-0006 to provide updates to Chapter 30 (Zoning and Development code) consistent with recent amendments to State law, as summarized below.
ANALYSIS:
In recent years, the California Legislature has approved, and the Governor has signed bills that impose new limits on local authority to regulate ADUs and JADUs. In late 2026, two new bills were enacted that further amend state ADU law as summarized below.
The proposed ordinance will amend Section 30-467 of the Fontana Municipal Code to provide clear standards for regulating ADUs and JADUs, while limiting impacts on the surrounding community.
Assembly Bill 956 - Requires Approval of Two Detached ADUs
Government Code Section 66323 requires local agencies to ministerially approve building permit applications for specified ADUs, JADUs, and qualifying combinations of those units. Before AB956, California Legislation required approval of one detached new-construction ADU on a lot with a proposed or existing single-family dwelling. AB956 increases that ADU allowance to two new detached ADUs.
Read with the combination provisions added to Government Code Section 66323 in 2026, AB956 establishes two principal maximum configurations for qualifying single-family lots:
• One converted ADU and one JADU, together with one detached new-construction ADU.
• One converted ADU, together with two detached new-construction ADUs.
A local agency need not approve a JADU on a lot where two detached new construction ADUs have been constructed. This exception eliminated the mandatory JADU entitlement in that configuration but does not affect the separate entitlement to a qualifying converted ADU under Government Code Section 66323(a)(1).
Senate Bill 1117 - Revises ADU Impact Fees
Government Code Section 66311.5 prohibits impact fees on an ADU containing no more than 750 square feet of interior livable space. Before SB 1117, an agency could calculate a proportionate impact fee using the entire floor area once an ADU exceeded 750 square feet, creating a substantial fee increase at that threshold.
Now, for up to two ADUs on a lot, SB1117 requires impact fees for an ADU larger than 750 square feet to be calculated only on the area exceeding 750 square feet. The fee must remain proportionate to the square footage of the primary dwelling.
For a lot with more than two ADUs, SB1117 retains the proportional calculation based on each ADU’s full square footage. The bill also preserves the impact-fee exemptions for ADUs of 750 square feet or less and JADUs of 500 square feet or less.
Urgency Ordinance and Permanent Ordinance
AB 956 and SB 1117 take effect on January 1, 2027, nullifying the City’s current ordinance if it remains non-compliant. Because a standard ordinance revision will not take effect before this deadline, an urgency ordinance-preserving local ADU standards like size limits and setbacks-will be submitted simultaneously to the City Council for adoption by January 1, 2027.
Environmental
Under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 Division 1 of Title 7 of the California Government Code, which is California’s ADU law, and which also regulates JADUs as defined by Section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
Attachment No. 1 - Planning Commission Resolution
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice