FAQs – Land Use Services

Building and Safety Questions

Permit Questions

How long is a building permit good for?

Permits become expired and invalid if the work is not commenced within 12 months after its issuance. Permits also expire if the work authorized on the site by the permit is suspended or abandoned for a period of 12 months.

The building official is authorized to grant, in writing, a 180-day extension. The extension shall be requested in writing and justifiable cause demonstrated.

Applications for which no permit is issued within 180 days from date of application shall be void or withdrawn.

What is the maximum size accessory structure I can build without a permit?

120 square feet. Provided that it is a one-story detached tool, storage sheds, playhouses and similar uses if do not contain utilities and are within the minimum setbacks and are less than 14 feet in height.

Who can pull a Building permit?

Property Owners, State of California Licensed Contractors, or Agent for property owner/ contractor may pull a permit with the following paperwork. Complete paperwork must be current each time a permit is pulled.

Property Owners

Proof of identification (Driver’s License, State Issued ID card, Alien Registration Card or Passport – Photo ID’s only).
Proof of ownership if there has been a recent of transfer of ownership (Grant Deed, Property Tax Statement or closing statement from Escrow).
Notice to Property Owner Form. The property owner signature must be notarized if owner is not present at time of building permit issuance.
Agents of residential property owners will also need to provide a notarized Authorization of Agent to Act on Property Owner’s Behalf.
If the property is owned by a Trust, you will need to provide a copy of the trust paperwork showing the trustee or executor.
If the property is owned by a Corporation, LLC or Partnership you will need to provide a copy of the paperwork verifying the President, Vice-President, CEO, partner, or managing member.

Contractors

Proof of Identification (Driver’s License, State Issued ID card, Alien Registration Card or Passport – Photo ID’s only)
Proof of current State of California Contractor’s License & classification (pocket card)
Agents signing on behalf of License Contractor will also need one the following paperwork:
- - Letter of Authorization on the Contractor’s letterhead authorizing a person (not a business) to pull the building permit.
  - Notarized letter authorizing a person (not a business) to pull the building permit.

Note: A tenant of a building cannot pull a permit unless they are an agent for either the Property Owner or Contractor.

When do I apply for a Building and Safety Permit?

PERMITS AND INSPECTIONS ARE REQUIRED FOR THE FOLLOWING:

New Detached Buildings (Residential and Non-Residential) greater than 120 square feet*
Tenant Improvements
Solar Installation
Patio Covers (Solid and Lattice)
Enclosed Patios
Electric Charging Station
Additions and Alterations
Pools and Spas
Sheds and other Detached Accessory Structures greater than 120 square feet
Carports, Garages and Barns
Fences over 6 ft. in height
Retaining Walls over 3 ft. in height
Electrical, Plumbing, Mechanical and Structural Repairs
Re-roofing (Residential and Non-Residential)
Temporary structures such as a modular unit, recreational vehicle/trailer.
Onsite Grading
Demolition
Erosion Control
Signs
Other types of construction activities, not listed here, may require a permit. All building setbacks must be maintained, whether a building requires a permit or not. Please contact a representative of the Building and Safety Division at (909) 387-8311 or (760) 995-8140 (desert area) for any questions or to verify whether a permit will be required for your project.

*Per County Development Code section 84.01.020(b), An accessory structure or use shall always exist in conjunction with, and never without, a legally established primary structure or primary use that has the same common owner. Where the primary use is a residence, it shall not be enclosed within an accessory structure. Where the primary use has not yet been established, an accessory structure may only be built subject to the issuance of a Temporary Use Permit in compliance with Chapter 84.25 (Temporary Structures and Uses).

Inspection Process

I have obtained my building permit. At what stages of construction do I need an inspection?

In general, an inspection will be required prior to covering up or concealing any completed work.

The following is a list of typical construction inspections and the general sequence in which they should occur. All required erosion control measures shall be in place, inspected and approved prior to commencing any building construction activity.

UNDERGROUND/UNDER SLAB PLUMBING: Prior to any footing or foundation inspection, rough underground waste plumbing to be in place and a water test provided (cap all ends and openings and provide a 10 foot head of water).
Measurements from building forms to property lines will be verified at this time to ensure the approved building setbacks are maintained. Setback certification (if required) shall be provided to the inspector.
FOUNDATION INSPECTION, CONCRETE SLAB GRADE OR UNDER-FLOOR: To be made after all ground plumbing has been approved and backfilled. All required reinforcing bars, hardware, and holdowns are in place. This inspection must be performed and approved before placement of concrete slab or floor sheathing.
ROOF SHEATHING AND SHEAR WALL INSPECTION: To be made after all roof sheathing is in place and nailed as per the approved plans, but before any roofing materials are applied or loaded on the roof. All required plywood shear panels on exterior walls must also be nailed per the approved plans and inspected before being covered by exterior finish materials. Roof Framing and Truss systems will also be checked for compliance with the approved plans.
COMBO INSPECTION (ROUGH ELECTRICAL, MECHANICAL, PLUMBING, & FRAMING INSPECTIONS): To be made after all framing and roofing is completed (tile roofing need not be complete if the roof has been made substantially weather tight, but tile must be loaded on roof). All rough plumbing (including fire sprinkler piping, if required), mechanical and electrical installations must be in place. Water supply piping (hot and cold) shall be under pressure and any second story shower and/or tubs shall be filled with water along with all drain, waste and vent piping below the overflow level of the tubs. Shower pans are built/installed and filled with water for testing. Fireplaces must be installed. Stucco paper & lath must be in place and nailed as per approved plans. Window frames and exterior door frames must be in place and properly flashed.

Note: Fire Department rough inspection must be approved prior to Building & Safety’s Combo inspection.
INSULATION INSPECTION: To be made after all required insulation is in place, openings caulked and required sealing done. Vapor barrier on walls and ceiling to be in place in climate zones 14 & 16 (Mountain & Desert regions).
DRYWALL INSPECTION: To be made after all drywall (or interior lath) and all attachments are fastened in place per the approved plans. To be approved before scratch-coat is applied and before any drywall mud is applied.
SEWAGE DISPOSAL & WATER SERVICE FROM METER TO HOUSE INSPECTION: To be made after trenches are dug, piping is in place and the appropriate test is applied. The general contractor is responsible for supplying the inspector with an accurate as-built drawing showing locations of these lines. This inspection must be done before any piping is covered or trenches back filled. Septic tank and disposal fields (leach field or seepage pits) must be complete and exposed for inspection. Septic tanks are to be filled with water for leak testing.
GAS LINE AIR TEST: Indoor, Outdoor, and Underground gas lines must be under an air test using a maximum 15lb gauge and not lose any pressure for 15 minutes. This inspection can be completed after cabinets and molding are installed in the building.
FINAL INSPECTION: To be made when structure is ready for occupancy. This shall include proper lot drainage, post construction erosion control measures, permanent address posted, all plumbing fixtures connected and operable, all electrical fixtures and devices in place and electrically connected, insulation certificate posted, structure clean of debris or stored materials, wall finishes complete per approved plans, HERS Rater report on-site, etc.
Please be advised that all final inspections must be cleared (in writing) before utilities are released and a Certificate of Occupancy is issued. This includes final clearance from not only the Building & Safety Division but also Planning, Land Development, Public Works Roads, Fire Department and Solid Waste Construction Waste Management Plan, (CWMP) Clearance. All outstanding fees owed to these departments must be paid prior to approving a final inspection and granting a Certificate of Occupancy.

Note: The general contractor/owner-builder or his duly authorized representative is responsible for verifying that all work is complete before requesting an inspection. This authorized representative shall also be responsible for walking with the inspector on all inspections and for coordinating all of his/her subcontractor duties relevant to correction items cited by the inspector. Re-inspections will be made as requested after all corrections have been made.

Please provide a sufficient temporary address so that the inspector can easily identify your property.

How do I schedule an inspection?

Inspections can be scheduled by downloading the EZ Inspect App on your smart phone, at Accela Citizen Access (sbcounty.gov), or by phone. CLICK HERE for more information. Please have your permit number available for scheduling.

Inspection requests received by 4:00 pm will be scheduled for the following work day. When the schedule is full for the next day, the inspection will be scheduled for the next available day. Note: Due to the remote nature and low volume of requests, some areas of the County have limited inspections available during the week. Please click here to verify when inspections are available in your area.

For remote locations please consider using a virtual Virtual Inspections – EZ Inspect App (sbcounty.gov) or a self-inspection Self Inspections – EZ Inspect App (sbcounty.gov).

What is a Virtual Inspection?

A Virtual Inspection (VI) is an inspection performed by utilizing a smartphone or tablet. The major benefit of utilizing VI is the ability to schedule a precise inspection time, thus eliminating the 2-4 hours of wait time.

For more information on Virtual Inspections please visit the following website:

Virtual Inspections – EZ Inspect App (sbcounty.gov)

I have a question; can I speak with my inspector?

Inspectors are available in our offices from 8:00 to 8:30 a.m. to discuss inspection issues or to request an inspection window. They can be reached by phone or in person during these times.

What needs to be on the job site to complete an inspection?

It is required that the County approved plans be on-site at all times during the construction process and available for the building Inspector. Also, an adult should be on-site during the inspection. All job cards are now electronic.

My project is complete, what do I do with my plans?

It is recommended that these documents be kept as permanent record of the work performed. These items may be needed in the future for validation during a real estate transaction or insurance appraisal. All job cards are now electronic.

Cannabis Questions

How can I report a cannabis business operating illegally in the unincorporated county areas?

Contact the Land Use Services Department, Code Enforcement Division by telephone at 909-884-4056 or through our Reporter App.

Can people smoke recreational cannabis in public?

The smoking of recreational cannabis is prohibited in public places where the smoking of tobacco is prohibited.

Can children legally use or grow recreational cannabis?

No. It is illegal for persons under 21 years of age to grow, use or possess cannabis for recreational purposes.

Can I possess or use cannabis in the unincorporated areas of the county without a medical marijuana identification card?

Yes. State law allows an adult age 21 years and older to possess up to one ounce of dried cannabis flower and up to eight grams of concentrated cannabis.

I am a qualified patient with a medical marijuana identification card. Can my primary caregiver cultivate cannabis for me in the unincorporated areas of the county?

Yes, a primary caregiver may cultivate cannabis indoors for up to five qualified patients and up to a maximum of 24 plants per primary residence. The requirements stated above apply to indoor cultivation by a primary caregiver.

Can I cultivate cannabis for my personal use in the unincorporated areas of the county?

Yes, with limitations, and only inside a private residence. The County prohibits outdoor cultivation of cannabis.

For medicinal use, each qualified patient with a medical marijuana identification card may cultivate up to 12 plants inside his or her private residence. Cultivation for medicinal use is limited to no more than a total of 24 plants per private residence, when more than one person with an identification card or primary caregiver lives at the residence.

For recreational use, a person over the age of 21 years old may cultivate up to six plants inside his or her primary residence. And, no more than a total of six plants per private residence may be cultivated for recreational use.

Under no circumstances may more than 30 plants – 24 for medicinal use and six for recreational use – be grown in any single private residence.

All indoor cultivation must comply with the County Code, which requires that any cultivation occur within a fully enclosed structure, with solid walls, and a ceiling, roof or top. The cultivation must be conducted in a designated cultivation area separately secured and locked from all other uses in the residence. Plants must be reasonably secured from theft and from access by minors or other unauthorized persons. Cannabis must not be perceptible from the exterior of the private residence. If the residence is not occupied by its owner, written permission from the owner or landlord is required. Anyone interested in growing cannabis within the unincorporated areas of the county are advised to review the cultivation requirements in Chapter 84.34 to Division 4 of Title 8 of the San Bernardino County Code, which is available for viewing on the County website.

Can I deliver cannabis products within the unincorporated area, if I operate a commercial cannabis business in another jurisdiction?

No. The County prohibits all commercial cannabis activity, including delivery, within the unincorporated areas. However, the County cannot prohibit someone from driving through the county on public roads for purposes of delivering cannabis to and from other jurisdictions that allow commercial cannabis activity.

California voters legalized cannabis for medical and recreational purposes. How can the County then prohibit commercial cannabis activity?

The California voters’ approval of Proposition 215 (Compassionate Use Act of 1996) on November 5, 1996, and Proposition 64 (Adult Use of Marijuana Act) on November 8, 2016, does not require California cities and counties to allow commercial cannabis activity. Section 2 of Proposition 64 declares the Adult Use of Marijuana Act safeguards local control, allowing cities and counties to regulate cannabis-related activities, to subject cannabis businesses to zoning requirements, and to ban cannabis businesses.

Can I operate a cannabis business in San Bernardino County?

The County of San Bernardino prohibits all commercial cannabis activity – including cultivation, production, storage, processing, manufacturing, dispensing, delivery, distribution, testing, transportation, provision and sale – for medical or other purposes in the unincorporated areas of the county. The prohibition applies regardless of profit, gain or benefit. There is a limited exception that allows a primary caregiver who is the owner or operator of a state-licensed health facility to conduct commercial cannabis activity. Prior to conducting any activity, the state-licensed health facility must register with the County Land Use Services Department.

The County’s prohibition of commercial cannabis activity does not apply within the jurisdictions of the 24 incorporated cities and towns in the county. You must check with those individual cities and towns to determine whether they permit or prohibit commercial cannabis activities.

Fire Hazard Abatement Questions

How does the Fire Hazard Abatement Process Work?

San Bernardino County Fire Hazard Abatement Process Summary

• Initial property surveys are conducted in unincorporated areas of San Bernardino County as well as
contract cities.

• A Notice and Order to Abate is issued to properties where fire hazards have been identified. There
is a 30-day timeframe to comply.

• A property owner may appeal the Notice and Order to Abate within the 30-day compliance
timeframe. There is a $100.00 filing fee to appeal in which is refunded only if the appeal is
successful.

• A second survey is conducted after the Notice and Order to Abate compliance due date.

• Non-compliant properties are issued a Notice and Intent to Abate notice following the second
property survey. Non-compliant properties will also receive a $100.00 administrative citation and an invoice for administrative fees related to the second inspection in a separate letter. The
property owner has an additional 10 days from the Notice and Intent to Abate mailing date to
contact our office and submit photographic evidence of completed abatement.

• The County will initiate action to abate fire hazards on the remaining non-compliant parcels after
the 10-day additional grace period.

• An abatement warrant will be obtained if abatement is required on parcels with structures. The
administrative cost of $298.00 for warrant procurement and service is billed to the property owner.

• A work order is assigned to the County-approved contractor to abate the fire hazards on the noncompliant properties. The contractor completes the abatement and the property owner is billed for
the work.

• An abatement invoice is generated and sent to the property owner of the non-compliant property
for all outstanding costs, which may include: Non-compliance fee, Case Closure fee, Warrant fee,
and County contractor abatement cost.

• A property owner may appeal the administrative citation and appeal the invoice up to 60 days from
the billing date. There is an Appeal filing fee which is refunded only if the appellant is successful in
having all citation or invoiced fees rescinded.

• After 60 days of non-payment:

A $123.00 late fee is assessed and a lien will be placed against the property with a $211.00 placement of lien fee.
Unpaid invoices may be forwarded to the Revenue Recovery Division for collection and an additional 25% fee may be added to the unpaid balance.
Unpaid invoices may be forwarded to the County Tax Collector as a special assessment, and the unpaid balance may be added to the subsequent property tax bill.

Revised 7/11/2022

My house is well maintained, why did I get a compliance notice?

You may have received a notice because at the time of inspection your property showed fire hazards (weeds/grass overgrown). However, it is possible that your property was cleaned after our inspection but a notice was still sent to you. In this case, we would like to thank you for maintaining your property. Please keep in mind that weeds/grasses need to be kept below 4 inches at all times.

Can someone show me where the fire hazards are on my property?

Please review your notice with 1st inspection photos and refer to this website (fire hazard definitions, before and after photos.) We would like you to survey your entire property for fire hazards, whether we can see it or not. Providing defensible space by cutting weeds/grasses and removing combustible debris creates a defendable property should a fire come through your area.

Are pictures of the violations taken?

Yes, photos are taken at first inspection and are sent to the property owner on the Notice to Abate. Photos are also taken at second inspection, which is prior to the issuance of an Administrative Citation. In addition, photos are taken of a non-compliant property before and after abatement work is performed.

My home is going into foreclosure, why should I maintain it?

If any work is completed on the property by the County there will be a bill generated. Since the enforcement process began while you were the owner you may be responsible for abatement costs, fines and or penalties.

Will the County do my abatement work for me?

Yes. There is a $76.00 administrative fee plus the cost of the work. It is a maximum of $627.00 per hour. We cannot provide estimates.

Will I receive a phone call if you find a violation on my property during the second inspection?

No phone calls will be made once the second inspection has been conducted—100% abatement must be complete by the due date or an Administrative Citation may be issued.

I think you have an incorrect address for me, how do I change it?

The FHA Program uses the County Tax Assessor’s information to obtain property information which includes mailing address. Please verify your property information and if changes are needed please contact the tax assessor’s office.

My fire insurance company wants me to abate fire hazards 200 feet from my house, but I don’t own the property. What should I do?

County Code requires 100 feet of defensible space around structure. You are welcome to make arrangements with your neighbor for additional hazard abatement.

Does the FHA Program have a list of contractors that do hazard abatement in my area?

A list of Contractors who have attended and participated in an informational meeting can be obtained here: Contractor List.

Note: While these contractors have attended an informational meeting, the County does not evaluate, supervise, monitor, or otherwise warrant the quality of these contractors, nor does the County endorse any contractor on this list over any other contractor. Property owners are not obligated to select a contractor from this list. It is being provided as a courtesy to assist property owners.

How will I know if my property has been “cleared”?

Contact our office at (909) 884-4056 for the status on your property.

How much time do I have to abate hazards after I receive a notice from FHA?

Fire hazard abatement must be completed by the due date on the Notice and Order to Abate.

Land Development Questions

Road Questions

People have used that road for years, why do I have to give up part of my property for road dedication?

Even if a road has been used for years, it does not necessarily mean that the public has the right to access it. A road will only be considered legal access if it has a dedicated right-of-way to the County, to the public in general, or an easement for public use. The road dedication requirement will establish the legal access necessary for the public to use the road.

Why do I have to pave my road?

When a project increases the vehicular traffic on a road within the County, in order to insure that there is no impact to public health and safety due to traffic or drainage issues, the County may require the applicant to pave the roadways affected by their project based on Development Code Section 83.05.

I am required to dedicate additional road right-of-way on my property as a condition for my building permit. What do I need to do?

Submit a copy of the grant deed for the property to the Land Development Division in order to start the dedication process. Land Development will prepare a transmittal including the dedication requirements and will send the documents to the County Surveyors for preparation. Once the Surveyors have prepared the documents, they will mail them to the owner of the property for notarized signatures. Once signed, the owner will return to the Surveyors for recordation.

I tried to get my building permit finalized and they told me I have to do road dedication. How long will it take?

A dedication will take approximately 2 weeks to complete.

How much does it cost to dedicate a road?

The County does not charge for a road dedication.

My road is dedicated to the County, why won’t they come out and repair it?

A road that is publicly dedicated does not necessarily get maintained by the County. The County will only maintain a road if the road is in the County Maintained Road System (CMRS). For information pertaining to the CMRS, contact the County Traffic Division at 909-387-8186

That road has gone by my property for more than 20 years, why don’t you consider that legal access?

A road will only be considered legal access if it has a dedicated right-of-way to the County and to the public in general, or an easement for public/private use. In a case like this, if the road has been utilized uncontested for a minimum 5 years, prescriptive rights/easement may be established. See below for prescriptive rights.

What is a Prescriptive Easement and how do I get one?

If a road has been utilized uncontested for minimum of 5 years, prescriptive rights may be established. The evidence of use will be presented in a court of law, and a judge will rule on the establishment of the access rights.

FEMA/ Flood Zone Questions

What does FEMA stand for?

Federal Emergency Management Agency- the operation of FEMA is to lead America to prepare for, prevent, respond to, and recover from disasters.

What are Flood Zones?

Flood zones are land areas identified by the Federal Emergency Management Agency (FEMA). Each flood zone describes that land area in terms of its risk of flooding. Everyone lives in a flood zone–it’s just a question of whether you live in a low, moderate, or high risk area.

Special Flood Hazard Area- the land area covered by the floodwaters of the base flood is the Special Flood Hazard Area on National Flood Insurance Program (NFIP) maps. The SFHA is the area where the NFIP’s floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies.

What are Flood Zones and what are the requirements for them?

Within the County of San Bernardino you will find a total of six (6) flood zones, their designations and requirements within the County of San Bernardino are as follows:

Zone “A”

These are Special Flood Hazard Areas (SFHA) where flooding may be expected to occur at least once within a 100 (one-hundred) year period. All lenders must require borrowers to purchase and maintain flood insurance for Zone “A” properties.

A Project located within Flood Zone A will require the first floor to be elevated a minimum 2 feet above the natural highest adjacent ground in compliance with FEMA/SBC regulations. (Elevation Certificate is required.)

Zone “AE”

These are Special Flood Hazard Areas (SFHA) where flooding may be expected to occur at least once within a 100 (one-hundred) year period. Base Flood Elevations (BFEs) are shown. All lenders must require borrowers to purchase and maintain flood insurance for Zone “AE” properties.

A Project located within Flood Zone AE will require the first floor to be elevated a minimum 1 foot above the highest known base flood elevation (BFE) in compliance with FEMA/SBC regulations. (Elevation Certificate is required.)

Zone “AO”

These are Special Flood Hazard Areas (SFHA) subject to inundation by 1-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown in this zone. All lenders must require borrowers to purchase and maintain flood insurance for Zone “AO” properties.

A project located within Flood Zone AO will require the first floor to be elevated a minimum 1 foot above the known shallow flooding depth in compliance with FEMA/SBC regulations. (Elevation Certificate is required.)

Zone “X” Shaded

These are areas where flooding is “anticipated” once in 500 (five-hundred) years or, if more frequently, only to minimal depths. Flood insurance is not mandatory in these areas, but is available.

A Project located within Flood Zone X Shaded will require the first floor to be elevated a minimum 1 foot above the natural highest adjacent ground in compliance with SBC regulations.

Zone “X” Unshaded

This is the most desirable area, and requires no insurance.

There are no elevation requirements within this flood zone.

Zone “D”

These are areas which have not been studied and therefore requirements vary pending the scope, area and engineering for the project.

Special note: Floodways may be present, within zones A and AE, and are extremely hazardous areas- No Construction is permitted without the submission of a Hec-Ras analysis, prepared by a registered civil engineer,showing pre development and post development. Post development shall have no rise in water surface elevation. For more information on zones and requirements please see the Development Code section 82.14 or the FEMA website.

How do I know if I am in a flood zone?

You can look up your flood zone on the FIRMette (Flood Insurance Rate Map) website located at https://msc.fema.gov/portal it is the most up-to- date information. The maps they provide not only allow you to view your property, but will also allow you to print out a copy so that you may present to your lender or insurance agent if you are ever asked.

My community has never been flooded. Why do I show up in a moderate-to-low risk area?

Everyone lives in a flood zone. The fact that a flood hasn’t occurred within recorded history does not mean one hasn’t happened in the past or that one will not happen in the future.

It’s important to note that flood history is only one element used in determining flood risk. More critical determinations are made by evaluating your community’s rainfall and river flow data, topography, wind velocity, tidal surge, flood control measures, building development (existing and planned) and community maps.

Why do I need flood insurance if I live on a hill and will never get flooded?

Floods can occur in any area, although to varying degrees. If you live on a hill or in an area that has never been flooded, your risk may be significantly reduced, but it is not eliminated.

Flooding can be caused by heavy rains, melting snow, inadequate drainage systems, failed protective devices such as levees and dams, as well as by tropical storms and hurricanes. Please make an informed decision about the flood risks you face before deciding not to purchase flood insurance. Talk to your agent for additional details – you may qualify for a Preferred Risk Policy (a lower-cost flood insurance policy).

Can a Flood Zone Designation be changed?

Yes. If you believe that the FIRM designation is erroneous you may submit an engineering study to FEMA and request a LOMA (letter of map amendment). If based on the study you provide, FEMA agrees that your property is not located in a special flood hazard area, a LOMA will be issued, and you may no longer be required to purchase or maintain flood insurance (some lenders may still require it).

Elevation Certificate Questions

What is an Elevation Certificate?

An elevation certificate is a document that certifies details about the elevation of a potential future or existing structure as it relates to the elevation of the projected 100 year flood plain. New buildings and substantial improvements in all identified SFHAs (flood zones A, AE & AO) are required to have an elevation certificate.

The elevation information must be submitted on the Elevation Certificate in effect at the time that the Elevation Certificate was completed and signed. Elevation Certificates can only be completed by a licensed land surveyor, engineer, or architect who is licensed by the State to perform such functions.

Why do I need an Elevation Certificate?

The Elevation Certificate is an important administrative tool of the NFIP. It is to be used to provide elevation information necessary to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate, and to support a request for a LOMA or LOMR-F. The Elevation Certificate is required in order to properly rate Post-FIRM (after 09/29/1978) buildings, which are buildings constructed after publication of the FIRM located in Flood Zones. The Elevation Certificate is not required for Pre-FIRM (before 09/29/1978) buildings unless the building is being rated under the optional Post-FIRM (after 09/29/1978) flood insurance rules. Use of this certificate does not provide a waiver of the flood insurance purchase requirement.

My home is already built, how do I obtain an Elevation Certificate for my property?

An elevation certificate should be on the record permit within the building and safety division for properties within a SFHA. Please contact the Land Use Services Building and Safety Division to request a copy.

If a copy of the elevation certificate cannot be found on the record permit, then more than likely your structures was built Pre-FIRM (before 09/29/1978) and no elevation certificate was required at that time. If your structure was built Post-FIRM (after 09/29/1978) and the elevation certificate cannot be found on the record permit, you will need to contact a land surveyor or engineer licensed by the state, to perform such functions, and create one. For flood insurance purpose only, the owner can fill out the Elevation Certificate for the existing house without the requirement of Engineer nor Land surveyor. Instructions on how to fill out an elevation certificate can be found by clicking here

Flood Insurance was never required on my property until now.. why?

There are a number of different possible answers to this question:

The previous owner could have purchased the land without having a lender involved. Only lenders are required to enforce participation in the National Flood Insurance Program; there is no public law requiring such participation. Therefore, people who purchase flood insurance do so either for their own protection or due to the requirement of their mortgage holder.
The property may have been purchased before the flood maps and requirements concerning flood insurance were either in place or being enforced.
The flood maps in a given area may have been recently revised. This works both ways in that area which were previously not located in a special hazard area may now be, or better yet, areas that had been categorized in a hazard zone may now be clear.

Water Quality Management Plan (WQMP) Questions

What is a Water Quality Management Plan (WQMP)?

A WQMP is a special engineering study that identifies the potential impacts to our local creeks caused by a projects post-construction water runoff. A WQMP identifies all project related pollutants, impacts to the sites hydrologic condition and proposes Best Management Practices (BMPs) to mitigate the effects of the development.

Does my project require a WQMP?

A Water Quality Management Plan is required if the project falls with the MS4 Phase 1 permit (Santa Ana) boundary as well as the proposed MS4 Phase 2 permit (Mojave) boundary AND is identifiable as one of the following types of projects:

Within the MS4 Phase 1 Permit Area/Santa Ana Watershed boundary the project types that require WQMP’s are as follows:

Within the MS4 Phase 2 Permit Area/Mojave Watershed boundary the project types that require WQMP’s are as follows:

Does my project require a Preliminary WQMP?

A Preliminary WQMP is required to ensure compliance with all jurisdictional requirements applicable to the development project. A Preliminary WQMP is required when a project falls within the jurisdictional boundaries of the MS4 Phase I & proposed MS4 Phase II boundaries AND falls under any of the below categories within their respective boundaries.

Within the MS4 Phase 1 Permit Area/Santa Ana Watershed boundary the project categories that require a Preliminary WQMP are as follows:

All significant re-development1 projects – defined as the addition or replacement of 5,000 or more square feet (sq. ft) of impervious surface on an already developed site subject to discretionary approval of the permitting jurisdiction.

New development projects that create 10,000 sq. ft. or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single family home subdivisions, multi-family attached subdivisions or townhomes, condominiums, apartments, etc.), mixed-use, and public projects. This category includes development projects on public and private land, which fall under the planning and building authority of the permitting jurisdiction.

New development or significant re-development1 of automotive repair shops (with SIC Codes 5013, 5014, 5541, 7532-7534, 7536-7539) where the project creates, adds and/or replaces 5,000 square feet or more of impervious surface.

New development or significant re-development1 of restaurants (with SIC Code 5812) where the land area of development is 5,000 sq. ft. or more.

All hillside developments of 5,000 sq. ft. or more which are located on areas with known erosive soil conditions or where the natural slope is 25% or more.

Developments of 2,500 sq. ft. of impervious surface or more adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas or waterbodies listed on the CWA Section 303(d) list of impaired waters(3).

Parking lots of 5,000 sq. ft. or more exposed to storm water. A parking lot is defined as land area or facility for the temporary parking or storage of motor vehicles.

New development or significant re-development1 of Retail Gasoline Outlets that are either 5,000 sq. ft. or more, or have a projected average daily traffic of 100 or more vehicles per day.

Within the MS4 Phase 2 Permit Area/Mojave Watershed boundary the project categories that require a Preliminary WQMP are as follows:

New development involving the creation of 5,000 ft² or more of impervious surface collectively over the entire site.

Significant re-development involving the addition or replacement of 5,000 ft² or more of impervious surface on an already developed site.

Road Project – any road, sidewalk, or bicycle lane project that creates greater than 5,000 square feet of contiguous impervious surface.

LUPs – linear underground/overhead projects that has a discrete location with 5,000 sq. ft. or more new constructed impervious surface.

What is the difference between a Preliminary WQMP and a Final WQMP?

The difference between a Preliminary WQMP and a Final WQMP is the amount of detail to be filled out within the WQMP template. A Preliminary WQMP will include all of the content as a Final WQMP except for the operational procedures for maintenance of BMPs and a signed agreement. Essentially a Preliminary WQMP will be a 90% completed Final WQMP.

Where can I find the WQMP Template and how do I fill it out?

Depending on what Watershed Region your project falls within will depend on which WQMP template you will use and which Technical Guidance Document (TGD) will be applicable. Both the Santa Ana & Mojave WQMP template as well as the Santa Ana’s Technical Guidance Document can be found on the County of San Bernardino, Department of Public Works – NPDES Section Website here.

The templates on the above website are subject to change, be sure to check the website for updates prior to filling out the template.

Who can prepare a WQMP?

WQMP’s can only be completed by a licensed civil engineer. The engineer should communicate with all participants in the project to create the Best Management Practices possible.

Post Construction Measure Plan (PCMP)

What is a Post Construction Measures Plan (PCMP)?

A PCMP is utilized to reduce water pollutants by using proposed site features such as, but not limited to, landscaping, porous pavement and swales.

What is the difference between a Post Construction Measures Plan (PCMP) and a Water Quality Management Plan (WQMP)?

A PCMP only requires site features to be put in place to detain and reduce on-site pollutants while a WQMP requires retention and treatment of storm water.

Does my project require a PCMP?

PCMP is required if the project falls within the MS4 phase 2 permit (Mojave) boundary AND is identifiable as one of the following types of projects:

All non-residential projects greater than 2,500 square feet, but less than 5,000 square feet of impervious surface.

All residential projects greater than 2,500 square feet of impervious surface including roof, driveway or porch, etc.

What is the current review fee for PCMP?

The current review fee for a PCMP can be found by clicking here.

When does the PCMP need to be completed?

PCMP needs to be approved prior to building permit issuance. A final electronic copy of the PCMP will need to be submitted upon approval of the PCMP.

Does PCMP require an inspection fee?

No special inspection is required. Therefore no additional inspection fees are required for a PCMP. The building inspector will verify that site plan design in the PCMP matches construction site during footing inspection.

Who can prepare a PCMP?

No special license is required to prepare the PCMP.

Where can I find the PCMP template and how do I fill it out?

The PCMP template and guidance can be found at (NPDES website link ).

Is a maintenance agreement required for a PCMP?

No recordation of maintenance responsibility is required as part of the plan.

Miscellaneous

What is a patent reservation?

When the United States Government originally sold parcels of land they granted to the local agency (County of San Bernardino) patent reservations as a form of legal access for public use. For additional questions in regards to Patent Reservations you may access the BLM website http://www.glorecords.blm.gov/search/default.aspx or contact DPW Transportation Right of Way Division at 909 387-7940.

How do I know if I have a patent reservation on my property?

You can either check the BLM website http://www.glorecords.blm.gov/search/default.aspx or you can check the Schedule “B” located in your Title Report that will list every easement attached to your parcel.

What are local and regional fees and why do I have to pay them?

Local and regional transportation fees are fees established by the County to pay for future road improvement projects within designated areas. Pursuant to Measure I 2010-2040, the State of California mandates that the County require new developments to pay their fair share contribution to future road improvement projects as a way to combat congestion within the County’s infrastructure.

What is the 50% rule and how does it affect me as a property owner?

See San Bernardino County Development Code Standards Chapter 83.05 Dedications and Installations of Street and Trail Improvements 83.05.020 Applicability.

What does implied dedication mean and how does it affect property owner?

Where there is no written agreement between the County and the private property owner there shall be a legal right by maintenance of roads by the County. This is called and Implied Dedication through maintenance and expenditure of public funds. See California Codes Civil Code Section 1006-1009 below or visit website:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1009.

CALIFORNIA CODES CIVIL CODE SECTION 1006-1009

1009 (d) Where a governmental entity is using private lands by an expenditure of public funds on visible improvements on or across such lands or on the cleaning or maintenance related to the public use of such lands in such a manner so that the owner knows or should know that the public is making such use of his land, such use, including any public use reasonably related to the purposes of such improvement, in the absence of either express permission by the owner to continue such use or the taking by the owner of reasonable steps to enjoin, remove or prohibit such use, shall after five years ripen to confer upon the governmental entity a vested right to continue such use.

Mining Questions

Does the County have Mining Regulations?

Yes… Under the Surface Mining and Reclamation Act of 1975 (“SMARA”, Public Resources Code, Section 2710 et seq.), counties and incorporated cities were given the responsibility (lead agency status) to issue a Mining Conditional Use Permit (CUP) and/or approve a Reclamation Plan for surface mining operations within their jurisdictions. San Bernardino County’s policies and ordinances regarding mining can be found in the 2007 General Plan and Division 8, Chapter 88.03 of the Development Code.

Does SMARA apply to mining on federal lands?

Yes… SMARA applies to both federal and non-federal lands where the local agency has adopted a surface mining ordinance. SMARA is not pre-empted by federal law because it regulates concerns not covered by federal law. The local lead agency under SMARA is required to consider both a mining permit and a reclamation plan for any new surface mine, and review the whole of this activity pursuant to California Environmental Quality Act (CEQA). Section 3809.3-1 of the Federal Land Policy and Management Act (FLPMA) recognizes the state’s responsibility in administering SMARA on federal land. In addition, both the Bureau of Land Management and the U.S. Forest Service have signed a Memorandum of Understanding (MOU) agreement with the California Department of Conservation and the State Mining and Geology Board for the implementation of SMARA on federal lands by local lead agencies. If your operation lies on federal land and exceeds the thresholds described below, you are required to obtain Reclamation Plan approval from the County before initiating operations.

When is a Mining Conditional Use Permit or Reclamation Plan Required?

SMARA established thresholds of one acre of surface disturbance and/or a surface excavation of 1,000 cubic yards. Mining operations that exceed either of these thresholds are required to obtain a Mining Conditional Use Permit and/or a Reclamation Plan approval from the County prior to initiating operations. For underground mines, these thresholds apply to any surface disturbance activities associated with the underground development including access to the mine, ore and overburden stockpiles and milling. You should be aware that SMARA has exempted certain types of mining operations. Please refer to SMARA Section 2714 and determine if your proposed activity is consistent with one of these exemptions.

What kind of zoning allows for a mining operation?

In recognition of the fact that minerals are only found where they naturally occur, mining is permitted within most land use districts, subject to Planning Commission approval. Mining operations with accessory manufacturing processes may be limited if they occur in or within one-half mile of any residential land use district.

Does an Environmental Impact Report (EIR) have to be prepared for every mining operation?

No… All mining projects undergo an environmental review per the requirements of CEQA at the onset of project application processing. The environmental review will evaluate the project’s potential environmental impacts and determine if an EIR is necessary. In most instances, a project’s environmental impacts can be mitigated below a level of significance, thereby avoiding the need to prepare an EIR. Surface mining operations that include a cyanide heap leach process, for the purpose of producing gold or other precious metals, automatically requires the preparation of an EIR.

What is a metallic mine?

A metallic mine is defined as one where more than ten percent of the mining operation’s gross annual revenues, averaged over the last five years, are derived from the production of metallic minerals. A complete list of metallic minerals is found in Section 3704.1(f) of the California Code of Regulations.

Do I have to backfill mine excavations?

In some cases… SMARA Section 2773.3 prevents a lead agency from approving a reclamation plan for a surface mining operation to extract gold, silver, copper, or other metallic minerals unless the reclamation plan provides for the backfilling and contour grading of the mined lands to an elevation that utilizes all of the available material remaining at the completion of mining.

Do I have to revegetate when done with mining?

In most cases… Revegetation is required during reclamation unless it is not consistent with the approved end use of the site. The vegetation used must be similar to the surrounding area and capable of self-regeneration without continued dependence on irrigation, soil amendments or fertilizer. Vegetation is important in stabilizing disturbed surfaces against the effects of long-term erosion. Evaluating test plots during mining is strongly encouraged and will help develop the best method that will ensure a successful plan to revegetate the entire site when mining is completed.

How long does it take to process a Mining Conditional Use Permit and/or Reclamation Plan?

Depending on available staffing, workload and other priorities, the process can be completed in three to nine months. In the event that an EIR is required, the review process can take up to a year or more.

How much does it cost to process a mining application?

The County’s fee to process a mining application is based on the actual cost to review the project. The cost for a project is based on the time spent by staff to review the project, department overhead, coordination with State and Federal agencies and other expenses (i.e. copy costs, public hearings, additional permits) incurred during review of the project. An initial deposit is required as part of the application submittal and establishes a job account to which review expenses are charged against. The amount of the initial deposit may be determined by reviewing the first page of the County’s Mining and Land Reclamation Plan application.

Do I need to provide financial assurances for my operation once it is approved?

Yes… SMARA requires that each operator provide financial assurances for reclamation of the entire operation in accordance with the approved Reclamation Plan. The assurance is to be in the amount that covers the County’s cost for reclaiming the mine site in the unlikely event that you are unable to complete reclamation. Financial assurances may be in the form of surety bonds, irrevocable letters of credit and certificates of deposit. The financial assurance is to be established and approved prior to initiating operations and is required to undergo a review by the County every year.

Are annual reports and inspections required of all operations?

Yes… All operators are required to submit a Mining Operation Annual Report to the Department of Conservation and the County accompanied by the appropriate fee by July 1st each year pursuant to SMARA Section 2207. Mine operators must submit a copy of the entire annual report, including production information, to the State and the County. Please note that SMARA Section 2207(g) prohibits the release of production information to any member of the public. In addition, lead agencies are required to conduct an inspection of each surface mining operation annually. These inspections must be conducted by a qualified inspector experienced in land reclamation using the inspection form developed by the Department of Conservation and approved by the State Mining and Geology Board. SMARA allows lead agencies to collect reasonable fees to cover staff time and expenses to conduct the annual inspections.

How do I close the mine?

The mine operator, the County and the Department of Conservation must agree that reclamation is complete in accordance with the approved reclamation plan. Section 3805.5 of the California Code of Regulations describes, in greater detail, the responsibilities of a lead agency and the Department of Conservation with respect to the release of financial assurances and final closure.

Planning Questions

Alternative Shelter Questions

What is an alternative shelter (Alt)?

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.

Can these structures be used as short-term rentals?

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.

Where can I get more information on the type of land use approval required to use Alt’s for short term lodging?

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.

Animal Keeping Questions

How many horses may I have on my property?

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

How many chickens (or female poultry) & roosters (or male poultry) may I have on my property?

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

How many dogs and/or cats may I have on my property?

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

Manufactured Home Questions

Can I locate a mobile home or manufactured home on my property?

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.

While building a new home can I put a temporary mobile home on my property to live in while my house is under construction?

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.

Does my mobile home need a permanent foundation?

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

How do I obtain a permit to modify a home that is located in a Mobile Home Park?

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

Where can a mobile home park be located in San Bernardino County?

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).

How many mobile homes can I have in a proposed mobile home park?

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

May I place a single wide trailer on my property?

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

In what land use districts (zones) may a recreational vehicle park be located?

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

Can I store my RV on my property?

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 Questions

What is zoning?

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

What is my property zoned; how do I find out?

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

Can I put a billboard on my property?

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

If I want to establish a business, what land use permits are required, and does San Bernardino County require a business license?

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 to register with the Clerk of the Board of Supervisors. These categories include: Adult-Oriented Business, Junk Dealer, Peddler, Secondhand Dealer, Bingo, Massage Clinic, Pool & Billiard Hall, Solicitor, Fortune Teller, Massage Technician, Private Patrol, Taxicab Service, Hotel/Motel, Pawnbroker, Salvage Collector, and Theater. These 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

What is a setback; what are the setbacks on my property?

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

Can I have a second dwelling on my property?

Yes, if your property meets the following criteria:

TPM Lot Merger; etc. Questions

Can I split or subdivide my property?

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.

How can I split or subdivide my parcel?

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.

Can I adjust my property lines?

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.

Can I merge my lots?

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.

What is a Certificate of Subdivision Compliance?

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.

What are easements? Can I build an easement?

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”.

Accessory Dwelling Unit Questions

Can I build an ADU on my 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.

Are there size limitations for an ADU and JADU?

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.

Is parking required for an ADU and JADU?

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.

Can I convert my garage to an 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.

Can I use my ADU as a short-term rental?

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.

Where can I find more information about ADU regulations?

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

Short Term Rental Questions

What is a short-term rental?

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.

Where are short-term rentals allowed?

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.

What types of structures can be used as short-term rentals?

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.

Is a permit required?