Planning commission opposes an outright short‑term‑rental ban, urges definition and further study

The San Bernardino Planning Commission on Dec. 9 voted unanimously against forwarding an outright ban on short‑term rentals in residential zones, urging instead that staff and Council work on a clear definition and enforcement approach.

Staff presented Development Code Amendment 25‑09, describing multiple public complaints about noise, parking and trash linked to short‑term vacation rentals and recommending an outright ban for residential zones. Staff explained that because the city’s municipal code lacked a specific short‑term‑rental ordinance, enforcement relied on piecemeal code provisions and was inefficient. To identify properties potentially operating as rentals, staff said the city could contract with a data‑provider (noted in the staff presentation as Dedak Technologies using Rentalscape) at an estimated annual cost between $7,500 and $16,500.

Commission discussion focused on enforcement feasibility, staffing and costs, and whether a ban would forgo potential transient‑occupancy tax (TOT) revenue. Staff estimated a theoretical TOT collection of up to about $324,000 annually but noted the city would have to pay to identify operators and enforce violations. Several commissioners raised practical concerns about under‑resourced code enforcement and police response priorities.

Commissioner Pratt moved to deny staff’s recommendation for an outright ban and instead direct staff to create or clarify a local definition for short‑term rentals and return with a program option. The motion passed unanimously.

Commissioners suggested alternatives including a registration and inspection program that would charge application fees to fund enforcement and inspection, or a narrowly tailored approach that balances neighborhood protections and potential revenue. Staff will prepare revised language and options for submission to Council; no final ordinance or revenue decision was adopted at the hearing.