FROM:
Planning Department
TITLE:
Title
Master Case No. 25-0080 and Municipal Code Amendment No. (MCA) 25-0011: 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 (JADU) to comply with State of California law, pursuant to a 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 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 regulates JADUs, as defined by section 66313; and,
2. Approve a Resolution recommending the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 25-0011 amend Chapter 30 of the Municipal Code.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Citywide.
REQUEST:
Municipal Code Amendment No. (MCA) 25-0011: 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, Associate Planner
BACKGROUND INFORMATION:
1. 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.
2. On December 9, 2025, the City Council heard and approved Urgency Ordinance No. 1956, which amended Section 30-467, to take immediate effect upon adoption, to comply with recent State Laws adopted. 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, the urgency ordinance was 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.).
PROJECT DESCRIPTION:
The city initiated Municipal Code Amendment No. 25-0011 to provide updates to Chapter 30 (Zoning and Development Code), as summarized below.
ANALYSIS:
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 (“JADU’s”). In summary, the amendments will provide clear standards for regulating ADU’s and JADU’s, while limiting impacts on the surrounding community.
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.
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