Cities | San Bernardino

San Bernardino, California Multiplex Rules 2026: Zoning, Lot Sizes, ADUs, SB 9, Apartments, Foothill Overlays and Fees

This guide covers the City of San Bernardino, California, a city of 222,044 people in San Bernardino County. Land outside the city limits follows San Bernardino County's rules. The City's zoning rules are Title 19 of its Municipal Code, the Development Code, which the City posts on its Development Code page. Three facts matter for a project here. The City replaced its whole ADU section in February 2026, and the code posted online still shows the older text. Its apartment zones cut density on lots below a minimum size, so a 7,500 square foot lot in an apartment zone yields one home by VanPlex arithmetic. And the foothills in the north have overlays that set density by slope. This page summarizes the ways to build two, three, four or more homes on a San Bernardino lot. The seven guide pages below cover each topic in depth.

San Bernardino Guide Pages

Start With State Law and the Charter

Four state laws set the minimum San Bernardino must allow on a house lot or a small site. SB 9 (2021) allows two main homes on a lot in a single-family zone, a split into two lots, or both, approved by staff with no hearing. ADU law sets the accessory dwelling units (ADUs), second homes on a lot, and junior ADUs a city must allow; a junior ADU is a unit of 500 square feet or less inside a house. SB 684 and SB 1123 allow maps of up to 10 lots with 10 homes. The state density bonus gives extra homes to projects that include affordable homes.

San Bernardino is a charter city, one that governs its municipal affairs under a charter its voters approved. The charter is headed "Adopted by Voters November 8, 2016" and "Filed with the California Secretary of State January 31, 2017." Its preamble reads "We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter," and Section 101 says "The City shall have all powers possible for a city to have under the constitution and laws of the State of California." The state housing laws apply to charter cities by their own text. Government Code 65852.21 and 66411.7 define a local agency as a city "whether general law or chartered," and the ADU statutes use the same words. Government Code 65918 says of the density bonus, "The provisions of this chapter shall apply to charter cities," and the Housing Accountability Act says it "shall be applicable to charter cities."

The City has written three of these laws into Section 19.04.030 of the Development Code: ADUs in subsection (2)(P), urban lot splits in (2)(W), two-unit projects in (2)(X) and the density bonus in (2)(D). A search of the 29 chapters saved for this guide found no mention of the small-lot map statute or of SB 79, the 2025 law on housing near transit stops. HCD, the state housing department, says in its SB 79 advisory that the law's upzoning provisions "will take effect on July 1, 2026, in Alameda, Los Angeles, Sacramento, San Francisco, San Mateo, Santa Clara, and San Diego Counties." San Bernardino County is absent from that list.

San Bernardino in Numbers

The US Census Bureau's Vintage 2025 city file estimates 222,044 people in the City of San Bernardino on July 1, 2025. The 2020 estimates base is 222,090, which is 46 more (VanPlex arithmetic), and the 2024 estimate is 222,163. In that file San Bernardino is the 18th largest city in California, after Fremont (226,442) and ahead of Fontana (221,223) and Modesto (219,652). San Bernardino County has 2,224,091 people, so the City holds 9.98 percent of them (VanPlex arithmetic: 222,044 divided by 2,224,091).

The Development Code itself gives the scale of the rules: eight residential zones, a density range from 1 home per net acre in the estate zone to 31 in the highest apartment zone, and ten specific plans posted on the City's Specific Plans page. The City's housing plan, which the Planning Division page lists as "San Bernardino 2021-2029 Housing Element (2024)," was not read for this guide, so no housing target or permit count is given here.

The Ways to More Homes Compared

Sources: Ordinance MC-1659, Exhibit A; San Bernardino Development Code 19.04.030 (Table 04.02 and subsections (2)(D), (L), (N), (W) and (X)), 19.06.010, 19.17.060, 19.19-B.030 and 19.44.030; Gov. Code 66411.7, 65915 and 66499.41.

Zones That Allow Homes

Section 19.02.060 lists eight residential zones. RE asks for one net acre per home, RL for lots that average 10,800 square feet, and RS for 7,200 square feet at 4.5 homes per net acre. The use table prohibits multi-family dwellings in those three. RU allows 8 homes per net acre and is the first zone to list multi-family dwellings, planned residential developments and small lot subdivisions. RM, RMH and RH allow 12, 24 and 31. The code lowers density on small lots: "Parcels less than 14,400 square feet in area shall be developed at RU density." Homes are also allowed on one net acre or more in the CG-2 and CR-2 commercial zones, and mixed-use buildings in eight commercial zones. See the zoning districts page.

Lot Sizes and Dividing Land

A new lot needs 7,200 square feet and 60 feet of width in RS and RU, 14,400 square feet in RM and 20,000 in RMH and RH, with 100 feet of depth. A division into four or fewer parcels needs a tentative and final parcel map, which a staff committee hears, and five or more need a tract map before the Planning Commission. Section 19.66.160 says an approved tentative map "shall expire 24 months following approval." A small lot subdivision in RU or a multi-family zone may use 5,000 square foot lots for detached houses. The City's SB 9 section allows an urban lot split of a lot of at least 2,400 square feet in RE, RL or RS, with "frontage on the public right of way of at least 12.5 feet" for each new lot. See the lot size and subdivisions page.

House Lots: ADUs and SB 9

Ordinance No. MC-1659 sorts ADUs into two classes. Class 1 units are the ones state law makes a city approve: a converted ADU, a junior ADU, a detached ADU of up to 800 square feet, and ADUs on apartment lots. Class 2 units may be larger, "850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms," and must meet City standards on front setback, floor area ratio, lot coverage, open space, parking, windows and screening plants. Every ADU is decided with no hearing: "The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application."

The City's SB 9 section limits each home in a two-unit project to more than 500 and no more than 800 square feet, limits applicants to individual owners, and requires the owners to live on the lot. The state statute has been amended since the section was written, and it now bars standards "that do not apply uniformly to development within the underlying zone." Ask the City which limits it applies today. See the ADUs and SB 9 page.

Three or More Homes

"Multi-family housing is permitted in the RU, RM, RMH, RH, CG-2, and CR-2 zones subject to Development Permit Review." The permit depends on the count: Section 19.44.030 asks for an Administrative Permit "For residential projects with two to four dwelling units" and a committee Development Permit "For residential projects with five to 11 dwelling units." Projects of 12 or more homes add 30 percent useable open space, recreational amenities and a management plan. The density bonus section was replaced in March 2024 after a City memorandum called the earlier one "out of compliance with Government Code sections 65915-65918." Older office buildings in part of the CO zone may be converted to homes under the Adaptive Reuse Overlay. See the three or more homes page.

Parking, Setbacks and Height

An RS house needs a 25-foot front setback, or 20 feet with yard averaging in a new subdivision, 5-foot side setbacks, 15 feet on a street side, and a rear yard that averages 20 feet. Height is 2.5 stories and 35 feet, and buildings may cover 35 percent of the lot. In RM, RMH and RH the side setback grows with the wall: 5 feet for one story or 10 feet for two, plus 1 foot for each 15 feet of wall length. Section 19.24.040 asks a single-family dwelling for "2 covered spaces within an enclosed garage" and an apartment project for 1 to 2.5 spaces per unit by bedroom count, plus one guest space for every five units. The Director may grant a Minor Exception of up to 10 percent. See the parking, setbacks and height page.

Foothills, Fire Zones and Flood Plains

Three overlay zones change the rules on part of the map. The Hillside Management Overlay covers "the hillside areas along the foothills in the northern area of the City" and sets density at 2 homes per acre on slopes up to 15 percent, falling to 0.1 above 30 percent. The Foothill Fire Zones Overlay sorts land into Zones A, B and C by slope and asks for two access routes, fuel modification plans, and "60 feet in Zone A and 30 feet in Zone B" between structures. The Flood Plain Overlay requires a Flood Control Development Permit and a lowest floor "elevated to or above the base flood elevation." The City's SB 9 sections add fire measures of their own in very high fire hazard severity zones. See the hillside, fire and flood zones page.

Permits and Fees

The Director, a staff committee, the Planning Commission and the City Council each decide a set of applications. Hearing notices go to owners and tenants within 1,000 feet, in English and Spanish, and an appeal must be filed "within 15 days following the final date of action." A Development Permit is void if construction has not started within two years. The Planning Division fee schedule lists a Development Permit at $2,043.60 with Director review and $7,082.40 with committee review, and a tentative parcel map at $5,376.80. The Land Development impact fee schedule of February 15, 2022 lists seven fees that total $16,691.71 for a detached home and $11,393.91 for an attached home (VanPlex arithmetic), before law enforcement, sewer and school fees. The schedules are old, so confirm each amount. See the permits and fees page.

How Current the Posted Code Is

The City says of its Development Code page: "The Development Code posted on this website is for information only. The official Development Code is located in the Community Development and Housing Department." This guide read 51 City Council agendas and 20 Planning Commission agendas to find ordinances newer than the posted pages. These are the ones that change the text of Title 19.

Sources: City of San Bernardino, Request for Council Action of February 4, 2026; Council minutes of February 4, 2026 and June 17, 2026; Council agendas of March 5, 2025, December 3, 2025, September 16, 2026 and October 7, 2026.

Recent City Council Actions

• January 9, 2022. The date the code prints for Ordinance MC-1570U, which added the urban lot split and two-unit project sections.
• August 31, 2023. A City memorandum directed staff to process density bonus applications under the state statute. The code dates the replacement section 03/06/24.
• January 15, 2025. The Council adopted Ordinance MC-1645, the 2024 update of the ADU section, according to the staff report of February 4, 2026.
• August 20, 2025. The agenda carried a "Discussion on Accessory Dwelling Units (ADUs) and Research on Limits within State Law."
• December 3 and 9, 2025. The Council adopted Urgency Ordinance MC-1658U on ADUs, and the Planning Commission considered the permanent ordinance and a proposed ban on short-term vacation rentals.
• January 21 and February 4, 2026. The Council introduced and then adopted Ordinance MC-1659. The minutes record "ADOPTED ORDINANCE NO. MC-1659 [6-0]."
• June 3, 2026. The agenda introduced Ordinance MC-1664, amending the University Hills Specific Plan and "reducing the number of proposed single-family residential lots from 980 to 327," with a tentative tract map for a 404.3-acre site.
• June 17, 2026. The minutes record that the Council "APPROVED MOTION TO DENY ORDINANCE NO. MC-1661," the ban on short-term and vacation rentals, by a 4-3 vote.
• August 5, 2026. The agenda listed the adoption of Ordinance MC-1666 to "approve use of the 2025 California Building Code."
• September 2 and October 7, 2026. The agendas introduced Ordinance MC-1669 on water efficient landscaping, with adoption scheduled for October 21, 2026.
• September 16, 2026. The agenda carried a resolution for a tract map of 68 planned residential development lots on a 5.82-acre site and introduced Ordinance MC-1670, which the proposed text says would "allow Planned Residential Developments (PRDs) to establish project-specific development standards."
• October 7, 2026. This is the latest Council meeting whose agenda was read. It listed the adoption of Ordinance MC-1670 and of Ordinance MC-1672, which would add Chapter 8.32 to the Municipal Code "to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties."

Votes are stated only for February 4 and June 17, 2026, the two meetings whose minutes were read. The other items come from agendas, which show what was proposed.

Where the Code, City Documents and State Law Differ

The guide pages flag each difference where it arises. The main ones:

• The Residential Zones chapter on the City website prints the January 2025 ADU text. Ordinance MC-1659 of February 4, 2026 replaced it, and the City's ADU page still links to the older chapter.
• The City's SB 9 section caps a new home at 800 square feet and 16 feet. Government Code 65852.21, as amended, bars standards that do not apply uniformly within the zone, and RS allows 2.5 stories and 35 feet.
• The SB 9 section requires the owners of a two-unit project to live on the lot. The statute lists the conditions a city may add, and owner occupancy is absent from that list.
• The SB 9 sections allow denial for an impact on the physical environment. The statutes name only public health and safety.
• The SB 9 sections have no decision deadline. The statutes say 60 days, after which an application is deemed approved.
• The ADU ordinance exempts an ADU of less than 750 square feet from impact fees, and the impact fee schedule charges one of 750 square feet or larger. Government Code 66311.5 exempts an ADU of 750 square feet or less.
• The RL zone purpose states 3.1 homes per net acre. Table 04.02 prints 3.5.
• Chapter 19.02 defines multi-family as three or more homes in one definition and two or more in two others.
• Section 19.52.020 mails hearing notices within 1,000 feet. The City's Subdivisions handout says 500 feet.
• The Planning fee schedule is headed with fees effective July 20, 2020 on pages dated February 2024, and the City page calls it the 2024 schedule.
• Chapter 19.18, the Historic Preservation Overlay, reads "This section reserved for future ordinance," although the zone is in the list of established zones.

Limits of This Guide

The Development Code was read from the City's own PDFs, 29 chapters in all. The San Bernardino Municipal Code as a whole is hosted by a publisher whose site answered one scripted request with an access error, so Titles 1 to 18 were not read. That leaves out the building code in Title 15 and any rules on rental housing, tenants or business registration outside Title 19, and this guide makes no statement about them. City Council agendas were read from January 15, 2025 to October 7, 2026 and Planning Commission agendas from January 14, 2025 to September 8, 2026, with minutes for two Council meetings. The Council may have acted on a housing rule after October 7, 2026.

These documents were not read: the Official Zoning Map and the interactive zoning map, the General Plan and the General Plan update, the Housing Element, the ten specific plans, the fire zone and flood maps, the signed copies of the ordinances, the Council resolutions that set fees, and the fee schedules of the water, school and fire agencies. The posted fee schedules date from 2020 to 2024. Ask the Planning Division which standards and fees apply to your lot and whether a newer ordinance is in force.

Where to Go Next

Related on VanPlex: the California impact fees page, the Rialto guide and the Riverside guide.

Frequently Asked Questions

Official sources (checked October 2026)