FROM:
Planning Department
SUBJECT:
Title
Municipal Code Amendment (MCA) No. 25-0011: Consideration of an Urgency Ordinance Amending Section 30-467 of the Fontana Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law; and Finding the Action to Be Statutorily Exempt from CEQA Under Section 21080.17 of the Public Resources Code
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RECOMMENDATION:
Recommendation
Open the public hearing, receive public testimony, close the public hearing and by motion:
1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.
2. Waive full reading and introduce for first reading by title only Ordinance No. 1976 entitled: “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA AMENDING SECTION 30-467 OF THE CITY OF FONTANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE statutorily EXEMPT FROM CEQA under Public Resources Code § 21080.17.”
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COUNCIL GOALS:
• Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
DISCUSSION:
In recent years, the California Legislature has approved, and the Governor has signed into law, several bills that impose new limits on local authority to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). In 2025, the California Legislature approved, and the Governor signed into law, three new bills - SB543, AB1154 and AB462- that further amend state ADU law as summarized below.
The proposed ordinance will amend Section 30-467 of the Fontana Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”).
SB543 - Permitting Timeline and Uniform Standards
SB543 codifies existing guidance from the California Department of Housing and Community Development (HCD). The bill codifies the requirement an initial review of ADU and JAU permit applications must be conducted within 15 business days. It also clarifies that JADUs are to be treated the same as ADUs under permitting guidelines, size, safety and density standards.
AB1154 - Parking Requirements, Owner-Occupancy and Rental Rules
Parking Requirements
AB1154 prohibits the city from imposing parking standards for ADUs that are 500 square feet and smaller. This aligns the parking requirements for small ADUs with existing parking exemptions for JADUs.
Owner-Occupancy
Existing law requires that the owner of a property with a JADU must reside on the property. Further, existing law permits JADUs to share sanitation facilities with the primary dwelling. AB1154 eliminates the owner-occupancy requirement for a property containing a JADU if the JADU has separate sanitation facilities from the main dwelling unit.
Rental Rules
Existing law prohibits ADUs from being used for short-term rental purposes. However, existing law did not explicitly extend that prohibition to JADUs. AB1154 explicitly prohibits the use of a JADU for short-term rentals and requires that the rental term be longer than 30 days.
AB462 - Certificate of Occupancy Timing
Typically, the certificate of occupancy for an ADU or JADU may not be issued prior to the certificate of occupancy for the primary dwelling unit on the same site. However, AB462 provides a limited exception in cases where there is a State-declared emergency, subject to certain conditions.
Next Steps & Recommendation
The proposed ordinance is an urgency measure, which means it will take immediate effect upon adoption. Typically, an ordinance affecting planning and zoning is approved by the Council after a planning-agency recommendation, a first reading and introduction before the Council and then a second reading at a regular Council meeting - with the ordinance taking effect 30 days following adoption. SB543, AB1154 and AB462 will take effect on January 1, 2026 and a non-urgency adoption would take effect after that date. As a result, an urgency ordinance is necessary to avoid the nullification of the city’s current ordinance, which contains limited city-specific standards (maximum size of ADUs, some setbacks, prohibition of separate conveyance, etc.). A 4/5 vote of the Council is required to adopt this urgency ordinance. The urgency ordinance will be followed at the earliest possible time by a non-urgency ordinance subject to all normal procedures.
For the above reasons, staff recommends that the City Council adopt the proposed urgency ordinance (Attachment 1), which will ensure that the City’s ADU ordinance remains valid when SB543, AB1154 and AB462 take effect on January 1, 2026.
ENVIRONMENTAL REVIEW:
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 of 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.
ATTACHMENTS:
Proposed Urgency Ordinance
FISCAL IMPACT:
None
MOTION:
Accept staff’s recommendation