Planning Questions

Alternative shelters, or “Alts” such as tents, yurts, trailers, recreational vehicles, and other camp-style shelters are shelters being used for short term lodging. The use of these shelters is not allowed without the proper permit. These structures do not qualify for a short-term rental permit.

No these Alt’s cannot be used as short-term rentals. This is considered a campground type of use that requires a different type of land use approval.

For more information on the type of land use approval required please contact the Planning Division. Questions can be sent directly via email to alts@lus.sbcounty.gov.

As an accessory use to a Residential Property having a horse or horses on the most common Land Use Zoning of RS (Single Residential) or RL (Rural Living) would be the following:

–          The minimum parcel size is 20,000 sq. ft. with 60 foot minimum frontage.

–          The animal density of horses per square feet is 1/10,000 square feet.

–          Cumulative total of all large domesticated animals (including horses) is a maximum of 9 per parcel.

For all other Land Use Zoning Designations or for a Primary Use for horses on a parcel, please click the link below:

Link

Chickens and roosters are considered female and male poultry.  As an accessory use to Residential Property having chickens or roosters on the most common Land use Zoning of RS (Single Residential) or RL (Rural Living) the following would apply:

Female Poultry:

–          If less than 7,200 square feet parcel size, then two (2) female poultry are allowed

–          7,200 square feet parcel to 9,999 square feet parcel size, then three (3) female poultry are allowed.

–          10,000 square feet parcel to 19,999 square feet parcel size, then four (4) female poultry are allowed.

–          20,000 square feet parcel size or more, then one (1) per 2,000 sq. ft.  – Maximum 9 of each genus (a  class, kind or a sort of a species) per parcel of female poultry are allowed.

Male Poultry:

–          Minimum parcel size required 1 acre.

–          A maximum of nine (9) male poultry per parcel are allowed, but no more than 2 of any genus (a class, kind or a sort of a species).

As an example: You would be allowed to have Two (2) Roosters and Two (2) Ganders (male geese) and Two (2) Drakes (male ducks), Two (2) Peacocks and One (1) Tom turkey for a total of 9 male poultry.

For all other Land Use Zoning Designations, Primary Use for poultry, or Commercial Uses of poultry on a parcel, please click the link below:

Link

As an accessory use to Residential Property having dogs or cats on the most common Land use Zoning of RS (Single Residential) or RL (Rural Living) the following would apply:

–          If the parcel size is less than 7,200 square feet parcel size, then two (2) combinations of dogs and/or cats are allowed.

–          If the parcel size is 7,200 square feet parcel to 9,999 square feet parcel size, then three (3) combinations of dogs and/or cats are allowed

–          If the parcel size is 10,000 square feet parcel to 19,999 square feet parcel size, then four (4) combinations of dogs and/or cats are allowed.

–          If the parcel size is 20,000 square feet parcel size or more, then five (5) – Five (5) or more dogs and/or cats constitute a private kennel or cattery, which is subject to regulations in Section 84.04.060

For all other Land Use Zoning Designations, Private Kennels and/or Catteries, or Commercial Kennel and/or Catteries on a parcel, please click the link below:

Link

A property owner may utilize a mobile home or manufactured home as a single family dwelling on properties located in all zones that allow residential uses.  Those zones include: RS (Single Residential), RL (Rural Living), RC (Resource Conservation), SD-RES (Special Development-Residential), and CR (Rural Commercial).  A building permit is required.

Yes, Temporary use of manufactured homes and travel trailers as temporary living quarters while building a home may be permitted, provided that a permit for the permanent residence has already been obtained.

No, however manufactured home foundation systems shall comply with Health and Safety Code Section 18551 or Title 25, Chapter 2, Sections 133 and 1334 of the California Code of Regulations, and shall include tie down, clip, or anchoring systems approved by an engineer to resist lateral forces for the manufactured home.  If the home will be placed in a mobile home park you will need to contact:

The California Department of Housing and Community

3737 Main Street, Suite 400

Riverside, CA 92501-3337

(951) 782-4431

Residences within a mobile home park are under the jurisdiction of the California Department of Housing and Community Development.

The California Department of Housing and Community

3737 Main Street, Suite 400

Riverside, CA 92501-3337

(951) 782-4431

Mobile home parks are permitted pursuant to an approved conditional use permit in the following land use districts: RL (Rural Living), RS (Single Residential), RM (Multiple Residential), CR (Rural Commercial), SD-RES (Special Development-Residential), and SD-COM (Special Development Commercial).

The density allowed in a mobile home park is equal to the density of the land use zoning district.

Single wide manufactured homes are allowed in compliance with the current edition of the California Residential Code.

 

Recreational Vehicle Parks are allowed in the RC (Resource Conservation), CR (Rural Commercial), CS (Service Commercial), and CH (Highway Commercial) land use districts.

An RV may be stored on a property with a residence as long as it is within a garage or not located within the building setback areas.

Zoning is local law that regulates various aspects of how land can be used.  These regulations can include what type of land uses are allowed on a property, the intensity and density of development, limitations on the height, bulk and placement of structures, as well as other aspects of land use and development activity.   County of San Bernardino regulates zoning for all unincorporated areas of the county.  The official document that regulates zoning for all unincorporated areas of the county is the County of San Bernardino Development Code.

The County of San Bernardino is divided into 18 different land use zoning districts which include agricultural, resource management, residential, commercial, industrial and special purpose categories.   A listing of the county’s land use zoning districts is included below.  Additionally, the county contains 3 specific plans, and one area plan which supersede the county’s normal zoning classifications for area specific zoning and land use standards.   Additional information on specific plans may be found here at:

Specific and Area Plans

 

 

There are several options available to obtain zoning information for properties within the unincorporated areas of the County of San Bernardino.  For the most accurate and up to date information, please contact the County of San Bernardino Land Use Services Department at (909)387-8311 or (760) 995-8140.  Be prepared to provide a site address or a 13-digit assessor parcel number (APN) to identify the property.

Zoning maps are also available on the county’s website here at:

Zoning Maps

Off-site signs are only allowed in the CG (General Commercial) and CH (Highway Commercial) land use zoning districts subject to a Conditional Use Permit.   Off-site signs are prohibited from any property within the Phelan Planning Area.  The county’s Sign Control Overlay, an overlay applied to certain areas of the county, also limits the height (to 25 ft) and size (to 150 sq ft, or 18 sq ft in [p] controlled areas) of freestanding off-site signs.  Section 83.13.060 of the County of San Bernardino Development Code contains standards related to off-site signs.  A handout on the county’s Sign Regulations may be found here at:

Sign Regulations

To determine if your business requires any approvals, licenses, or other clearances from the County of San Bernardino Land Use Services Department please contact our office at (909) 387-8311 or (760) 995-8140.  Generally, the zoning designation of the property where you intend to conduct business will determine what type of approval will be required.    When contacting our office, be prepared to consult with our staff members on the exact nature of your business and disclose any important details related to your operation.

With regard to business licenses, the County of San Bernardino requires only a limited number of business types within the unincorporated areas of the county. Massage Clinic, Rental Dwelling Unit, Hotel/Motel, and Bingo licenses are issued by Code Enforcement and may be applied for here Permits – EZ Online Permitting.  Peddler, Solicitor, and Taxicab Service licenses are issued by the County of San Bernardino Clerk of the Board who may be contacted at (909) 387-3841.

For additional information on other agencies that may require permits or licenses for your business, the Governor’s Office of Business and Economic Development maintains the CalGOLD website which may be found here at  http://www.calgold.ca.gov/. This website site assists the public by compiling permit and agency contact information by region and for various business types

As defined by the County of San Bernardino Development Code, a setback is the distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks vary depending on a number of factors.  Typical setbacks for properties within the county include the front setback, the side setback, the street side setback, and rear setback.  The exhibit below illustrates the how these setbacks are often configured for the typical residential lot.  In order to determine the setbacks applicable to your property please contact the San Bernardino County Land Use Services Department at (909) 387-8311 or (760) 995-8140. Our staff members will also consult with you regarding the proposed structure type, the zoning and overlays applicable to your property, and whether or not your property lies within a subdivision that has set additional or unique setback requirements (a composite development plan), as well as other factors in order to determine the setbacks on your property.

 

Setback Regulations and Exceptions

Yes, if your property meets the following criteria:

Yes, if the parcel has at least twice the required minimum lot size for the specific zoning. For example, 5 acres of land in an area zoned for 2.5-acre minimum lot size may be divided into two 2.5-acre parcels.

Parcels may be split or subdivided by processing a Tentative Parcel Map (TPM) Application, where four (4) parcels or less are created or reconfigured, or a Tentative Tract (TT) Map Application for subdivisions creating five (5) or more parcels (and for a Final Development Plan or a condominium project.) For information on Tentative Parcel Maps see: Tentative Parcel Map Application Form. For information on Tentative Tract Maps see: Tentative Tract Map Application Form.

Yes, a Lot Line Adjustment Application is used when a property owner wants to adjust the lot line between at least two, but no more than four adjoining parcels. In a Lot Line Adjustment, land is taken from one parcel and added to an adjacent parcel with the goal of making each parcel more consistent with minimum lot size for the current zoning. No additional parcels may be created and the number of parcels may not be reduced. For information on Lot Line Adjustments, please see: Lot Line Adjustments Application Form.

Yes, a Lot Merger application merges two or more parcels and makes them one, and is finalized by a recorded document. A Lot Merger is different than a Lot Combination which is processed through the County Assessor Office, and is done for taxation and billing purposes. With a lot merger, the lots become one, and can only be re-divided and sold separately if they are in compliance with Subdivision Map Act, County General Plan and County Development Code. For information on Lot Mergers, please see: Lot Merger Application Form.

The Certificate of Subdivision Compliance is used to determine whether an existing parcel, created after March 4, 1972, is in compliance with the State Subdivision Map Act. The process may be used when it cannot be verifiably determined that a given parcel is created legally or to determine if it complies with the County Development Code. If it is believed that a parcel was created before March 4, 1972, a similar application can be processed through the County Surveyor Office, (909) 387-8149. For information on a Certificate of Subdivision Compliance, please see: Certificate of Subdivision Application Form.

An easement is a grant of one or more property rights by a property owner to and/or for the use by the public, a corporation, entity or persons. You cannot build anything on an easement that would infringe on the easement holder’s limited use as conveyed by the grant of easement. Common examples of easements are road easements (public or private), utility easements, and drainage easements. As defined by the County Code Section 810.01.070, Road Easements are “any property that is reserved for or in general use for road purposes to provide access for the public to otherwise inaccessible parcels of land” or any portion of the property “that is reserved for road purposes to provide access for property owners to their private property”.

An Accessory Dwelling Unit (ADU) can be built on most residential properties. In addition to one single-family residence, any single-family zoned property that is less than 5 acres may also have a combination of any two of the following: ADU, Junior Accessory Dwelling Unit (JADU), or Guest House. (e.g. 1 ADU & 1 JADU; 1 ADU & 1 guest house; or 2 ADUs) Properties 5 acres or more may also have a combination of any three. Note, JADUs are limited to one per property. However, depending on access to sewer or septic capacity, it may only be possible to have a ADU or JADU created from a conversion of existing space. Please contact Environmental Health Services for questions related to septic system requirements for a residence.

There is no minimum size however maximum size for an ADU is 1,200 square feet and the maximum size for a JADU is 500 square feet. The only exception to the maximum size would be for an existing accessory structure over 1,200 square feet that is being converted to an ADU.

Parking is not required for a JADU. A maximum of one parking space may be required for an ADU unless one of the following apply: it is within a half-mile of public transit; it is located within an architecturally and historically significant district; it is part of the proposed or existing primary residence or accessory structure; on-street parking permits are required but not offered to the ADU occupant; or there is a car share vehicle located within one block of the ADU.

Yes. When an ADU is created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces is not be required.

It depends. Short-Term Rentals (STRs) are only allowed in the Mountain and Desert regions, and are not allowed in multi-family structures. Additionally, state law requires the rental of certain type of ADUs be for a term longer than 30 days. This restriction prohibits the County from approving an ADU for STR use regardless of its location within the County. ADUs prohibited by the state from being used as a STR are classified by the County as a “by-right” ADU. A by-right ADU is one that the County was required to approve notwithstanding any other applicable County development standard. Your ADU is likely a by-right ADU if “but for” applicable development standards, the County was required to approve a building permit for an ADU because it complied with the following requirements: (A) The ADU is located within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, which may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodating ingress and egress, the space has exterior access from the proposed or existing single-family dwelling, and the side and rear setbacks were sufficient for fire and safety notwithstanding setback restrictions.. (B) A detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks, has a total floor area limitation of not more than 800 square feet, and a height limitation of 16 feet.

Yes. The County is currently working on updating its ordinance regarding ADUs and JADUs. Until the County’s ordinance is adopted please refer to the new State regulations found on the California Department of Housing and Community Development website.

https://www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml

A short-term residential rental unit is a residential dwelling unit or portion thereof rented or otherwise used for residential transient occupancy, as defined in § 14.0203. A short-term residential rental unit shall not be used for any commercial activity, which includes but is not limited to weddings, wedding receptions, corporate retreats, business meetings or conferences, filming photography shoots, a fraternity party, or any other similar gathering, unless regulated under an approved County-issued permit. Transient occupancy generally means occupancy for 30 consecutive calendar days or less.

Short-term rentals are only allowed in the Mountain and Desert Regions in the Rural Living (RL), Single Residential (RS), Multiple Residential (RM), Resource Conservation (RC), and Agriculture (AG) land use zoning designations.

A single family dwelling, duplex, a room in a dwelling, a guest house, and some accessory dwelling units (see FAQs regarding ADUs above) can be permitted as a short-term rental. Except for a duplex, multi-family structures (apartments) cannot be used for short-term rental purposes. Yurts, travel trailers, and RVs also cannot be permitted as a short-term rental at this time.

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