San Bernardino | Lot size and subdivisions

San Bernardino, California Lot Size and Subdivisions: Minimum Lots, Parcel Maps, Small Lot Subdivisions, SB 9 Urban Lot Splits and Fees

To subdivide land is to divide one parcel into two or more that can be sold separately. In the City of San Bernardino the lot sizes are in Chapter 19.04 of the Development Code, the design rules for new lots in Chapter 19.30, and the map steps in Chapters 19.48 and 19.66. The City added a section on SB 9 urban lot splits in January 2022. This page covers each of them, the fees the City posts, and the places where the City section and the state statute differ. The San Bernardino overview has the summary.

Minimum Lot Sizes by Zone

Source: San Bernardino Development Code, Section 19.04.030, Table 04.02 and subsections (2)(N) and (2)(W) (pages dated Feb. 2025).

Table 04.02 heads the lot area row "Minimum required for new development." The words used in the table are defined in Chapter 19.02.

• Lot width. "The horizontal distance between the side lot lines, measured at right angles to the lot depth at a midway point between the front and rear lot lines."
• Lot depth. "The average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line."
• Corner lot. "A lot located at the intersection of 2 or more streets at an angle of not more than 135 degrees." Section 19.30.060 says corner lots for residential use "shall have extra width" so the house can stand back from both streets.
• Flag lot. "A lot having access or an easement to a public or private street by a narrow, private right-of-way." On a flag lot "the rear yard location shall be determined through project review."
• Lot averaging in RL. In an RL subdivision "some lots may be reduced to a maximum of 10% below the minimum lot size, while a corresponding number of lots shall each maintain a lot area of at least 10% above the minimum lot size." That is how the table reaches 9,720 square feet (VanPlex arithmetic: 10,800 less 10 percent).
• Older lots. In RU, "For lots of record prior to June 2, 1989, the minimum lot area is 6,200 s.f. and existing lot widths and depths are permitted." In RM, RMH and RH the minimum "may be less" for "parcels existing prior to November 1, 2012."
• Hillsides. In the Hillside Management Overlay, "No absolute minimum parcel size, widths and depths are specified," and density by slope sets the count. See the hillside, fire and flood zones page.

Design Rules for New Lots

Chapter 19.30 holds the design rules a subdivision must meet. These are the ones that decide whether a small split works.

• Shape. "The lot lines of all lots, so far as practical, shall be at approximately right angles to the fronting street."
• Through lots. "Through lots and reverse corner lots shall be avoided." A through lot fronts on two parallel streets.
• Arterial streets. "All lots that abut on arterial streets or the freeway shall have an additional 10 feet of depth which shall be included as part of the landscape maintenance district."
• No leftover pieces. "No remnants of property, with the exception of 1 foot control lots and approved nonbuildable sites, shall be created which do not conform to lot requirements."
• Access. "Each lot or unit within the subdivision shall have approved direct access to a public or private street," and "No new direct driveway access from individual residential lots onto divided major arterials, major arterials or minor arterials shall be permitted, unless approved by the Director and City Engineer."
• Two ways in and out. "A tentative tract or parcel map shall provide for at least 2 different standard routes for ingress and egress," each a road "dedicated to the City" with "a minimum paved width of 24 feet." The Fire Chief, the Director and the City Engineer can exempt a map only on findings the section lists.
• Street lights. The subdivider pays "the cost of electrical energy for the street lighting system installed for his/her subdivision for a period of forty-eight months."
• Deferred street work. For a subdivision of four or fewer parcels, the frontage improvements "may be deferred when deemed appropriate by the City Engineer," under a recorded agreement that makes the owner start them within 90 days of a City notice to proceed.

Which Map, Who Decides and What It Costs

Sources: San Bernardino Development Code 19.66.150, 19.48.080 to 19.48.140 and 19.04.030(2)(W); Planning Division fee schedule, fees effective July 20, 2020, pages dated February 2024; Public Works schedule of fees, effective July 19, 2020, totals with the 2 percent technology fee.

A tentative map is the drawing of the proposed lots that the City reviews. A final map, or a parcel map for a small division, is the surveyed drawing that is recorded with the County once the conditions are met. Chapter 19.66 sets the split between the two kinds: "Tentative and final maps shall be required for all subdivisions creating 5 or more parcels," and "A tentative and final parcel map shall be required for all divisions of land creating four or fewer parcels."

• Who draws it. The tentative map "shall be prepared by a registered civil engineer or licensed land surveyor."
• What it shows. Contours at 1-foot intervals where the ground slope is under 15 percent, existing structures, easements, wells and sewers, and the "Type, circumference and dripline of existing trees with a trunk diameter of four inches or more."
• Title report. A preliminary title report "dated within 90 days of the application being deemed complete."
• Before filing. An applicant "may request a pre-application conference with the Department." The fee schedule lists a Pre-Application Review at $3,577.60.
• Schools. "Within 10 days of the filing of a tentative map application, the Department shall send a notice of the filing" to each school district the land is in.
• Hearing and deadline. The Department sets "a tentative parcel map for public hearing before the D/ERC or for a tentative tract map before the Commission." The D/ERC is the Development/Environmental Review Committee, made up of City staff. Either body acts "within 50 days after the tentative parcel or tract map application has been determined by the Department to be complete."
• Grounds to deny. The section repeats the seven findings of the state Subdivision Map Act, such as "That the site is not physically suitable for the proposed density of development."
• Fees at permit time. The approving body may require that development fees be paid "at the rate for applicable fees in effect at the time of said application or issuance of a building or similar permit."
• Expiry. "The approval or conditional approval of a tentative parcel or tract map shall expire 24 months following approval." A request for more time must be filed "not less than 30 days before the map is to expire," and the Commission may extend the map "for a period not exceeding a total of 3 years." Government Code 66452.6 lets a city extend a map by up to six years in total, so the City's three years is its own lower limit.
• Final map. The City Engineer checks the final map against the tentative map. "The Council shall consider the final map for approval at its next available regular meeting after the City Clerk receives the map," and the City Clerk sends the approved map to the County Recorder.
• Appeals. "All appeals relating to subdivision matters shall be made within 15 days following the date of the decision or action."

Lot Line Adjustments, Mergers and Certificates

• Lot line adjustment. Section 19.48.110 allows an adjustment "where the land taken from one parcel is added to an adjacent parcel, and where a greater or lesser number of parcels than originally existed is not created." The Director must find that it does not "Include any parcels which are not legal," impair access or easements, or "Require substantial alteration of any existing improvements." The City handout adds that "Each resultant lot shall meet Development Code requirements relative to parcel width, depth and area."
• Lot merger. Contiguous parcels under one owner may be merged with no map. "The City Engineer shall have the authority to approve mergers," unless the merger involves streets to be vacated or "More than 4 parcels." The handout says that to merge five or more parcels "a reversion to acreage or a parcel map is required."
• Certificate of compliance. An owner "may request whether the property complies with the provisions of the Map Act and the Municipal Code," and the City Engineer records the certificate. The City's two-unit section makes this a first step: "The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application."
• Waiver of a parcel map. Under Section 19.66.090 the Planning Commission "may waive a parcel map upon making a finding that the proposed division of land complies with City requirements as to area, improvement and design" and the other items the section lists.

Small Lot Subdivisions and Planned Residential Developments

Section 19.04.030(2)(N) is the City's own way to make lots smaller than the zone minimum. A planned residential development, or PRD, is a project planned as a whole, with homes grouped to leave shared open space. "Planned Residential Development (PRD) including Clustered Subdivision and Small Lot Divisions are permitted in Residential Urban (RU), Residential Medium (RM), Residential Medium High (RMH), and Residential High (RH) zones subject to Development Permit review."

• Number of homes. "The underlying residential zone or the Hillside Management Overlay Zone shall determine the maximum number of dwelling units allowed in a PRD or Small Lot Subdivision."
• Lot size. "The minimum lot size for a detached single-family unit in a Small Lot Subdivision shall be 5,000 square feet."
• Coverage and height. "Structures shall not occupy more than 40% of the gross site area." Detached houses may not exceed 2½ stories or 35 feet, and attached ones three stories or 42 feet.
• Setbacks. 15 feet from the project boundary, and "In small lot subdivisions the minimum side setback is five feet with a 15-foot minimum dwelling unit separation."
• Open space. A PRD with 12 or more homes provides 30 percent useable open space, or 15 percent where all the homes are detached houses.
• Owners association. "No lot or dwelling unit in the development shall be sold unless a corporation, homeowners' association, assessment district or other approved appropriate entity has been legally formed."

The arithmetic limits this option. At 8 homes per net acre in RU, each home needs 5,445 square feet of net land (VanPlex arithmetic: 43,560 divided by 8), so 5,000 square foot lots fit only when streets and open space are counted in. In RM at 12 homes per net acre the figure is 3,630 square feet per home.

A change was pending when this page was written. Exhibit A of Ordinance No. MC-1670 would let a PRD "establish alternative setbacks, including between structures, as well as minimum lot size, subject to approval of the review authority." The Council introduced the ordinance on September 16, 2026, and adoption was on the agenda of October 7, 2026. Ask the Planning Division whether it is in force.

SB 9 Urban Lot Splits: the City Section

SB 9 is the 2021 state law that lets the owner of a lot in a single-family zone split it in two, with staff approval and no hearing. The split rule is Government Code 66411.7. San Bernardino wrote its version into Section 19.04.030(2)(W) by Ordinance MC-1570U, which the code dates 1/9/22. The posted text carries no later amendment note.

• Zones. The lot must be in a single-family residential zone, which the section says "only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones."
• Size. "The lot to be split must be at least 2,400 square feet." "The resulting lots must each be at least 1,200 square feet." "Each of the resulting lots must be between 60 percent and 40 percent of the original lot area."
• Access. "Each resulting lot must adjoin the public right of way," with "frontage on the public right of way of at least 12.5 feet."
• Homes. "No more than two dwelling units of any kind may be built on a lot that results from an urban lot split," and the count includes an ADU or a junior ADU.
• No street work. "no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split."
• Easements. The owner must sign easement agreements with each public service provider, show them on the map, and record them before the final map is approved.
• Approval. The application "is approved or denied ministerially, by the Community and Economic Development Director, or his or her designee, without discretionary review." Ministerial approval means staff check the application against fixed rules. "The tentative parcel map expires three months after approval."
• Tenants and protected homes. The split may not require demolishing or altering income-restricted housing, rent-controlled housing, or "Housing that has been occupied by a tenant in the last three years." The applicant and owner give a sworn statement.
• Historic property. The lot "must not be a historic property or within a historic district that is included on the State Historic Resources Inventory," or a City or County landmark.
• Earlier splits. The lot may not come from an earlier urban lot split, and may not be next to one made by the same owner "or by any person acting in concert with the owner."
• Owner occupancy. "The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years."
• Fire zones. A lot in a very high fire hazard severity zone must have "direct access to a public right of way with a paved street with a width of at least 40 feet," sprinklers in all enclosed structures, and, with no swimming pool, "a water reservoir of at least 5,000 gallons per dwelling." The applicant must obtain a certificate of compliance with these measures before applying.
• Deed restriction and notice. The owner records a deed restriction that bars rentals of less than 30 days and non-residential use, and gives written notice to adjacent owners "At least 30 business days before starting any construction."

The limits on the homes built after a split, such as the 800 square foot cap and the 16-foot height, are on the ADUs and SB 9 page.

Where the City Section and State Law Differ

The statute was amended after January 2022, most recently effective June 30, 2026. A city rule that is stricter than the statute has no force to that extent. These are the differences found.

• The 60-day deadline. The statute says an application "shall be considered and approved or denied within 60 days from the date the local agency receives a completed application," and if the agency has not acted, "the application shall be deemed approved." The City section has no deadline for the decision.
• Reasons to deny. The City section allows denial for a specific, adverse impact "on either public health and safety or on the physical environment." The statute now allows it only for an impact "upon public health and safety."
• Who may apply. The City section says "Only individual property owners may apply for an urban lot split." The statute has no line on who may apply. It requires the three-year affidavit and adds that a city "shall not impose additional owner occupancy standards."
• Standards for the homes. Government Code 65852.21, which governs the homes built on each new lot, now bars standards "that do not apply uniformly to development within the underlying zone." The City's size, height, window and landscaping rules for these homes apply only to SB 9 projects.
• Unclear cross-references. The City section refers to "subpart (W)(e)(3)(A)" and "subpart (W)(d)(2)." The section as printed is numbered 1 to 6 with lettered paragraphs, and has no paragraphs with those labels.

Small-Lot Maps Under SB 684 and SB 1123

SB 684 and SB 1123 are state laws that make a city approve, with no hearing, a map of 10 or fewer lots with 10 or fewer homes on a small site. A search of the 29 saved chapters of the Development Code found no mention of them, so Government Code 66499.41 applies in its own words. It covers a lot "Zoned to allow multifamily residential dwelling use" that "is no larger than five acres," and a lot "Vacant and zoned for single-family residential development" that "is no larger than one and one-half acres." New parcels may be as small as 600 square feet, or 1,200 square feet where "the parcels are zoned for single-family residential use." The City must act "within 60 days from the date the local agency receives a completed application." In San Bernardino the RU, RM, RMH and RH zones list multi-family dwellings. The statute excludes sites in a very high fire hazard severity zone, which matters in the foothills.

Park Fees on New Lots

Section 19.30.320 says the subdivider "shall pay a fee in lieu, dedicate land, or both, at the discretion of the Council for park and/or recreational purposes." The standard is "5 acres of land for each 1000 persons residing within the City." The Land Development impact fee schedule, dated February 15, 2022, lists the Parkland and Open Space Fee for subdivisions at $9,517.86 for a detached home and $7,533.45 for an attached home, and for infill housing at $8,044.32 and $6,366.82. The schedule says these fees "are updated each July 15th," so ask the Land Development Division for the current amounts. The permits and fees page lists the other impact fees.

Where City Documents and the Code Differ

• Hearing notices. Section 19.52.020, amended in May 2022, mails notice to owners and tenants "within a radius of 1,000 feet of the exterior boundaries of the property." The City's Subdivisions handout says "All property owners within 500 feet of the property are notified by mail." The code controls.
• Who hears a parcel map. Section 19.66.150 sends a tentative parcel map to the D/ERC. The handout says "The procedures for processing a Tentative Parcel Map are identical to those of a Tentative Tract Map," which it sends to the Planning Commission. Table 31.01 lists both bodies for a tentative parcel map.
• Maps in the hills. The Hillside Management chapter says "A Conditional Use Permit shall be required for all tentative tract and parcel maps" in that overlay, which adds a Planning Commission hearing to a parcel map there.

Limits of This Page

The subdivision chapters are the City's posted copies with pages dated Oct. 2019, and Chapter 19.04 is dated Feb. 2025. Planning Commission and City Council agendas from January 2025 to October 7, 2026 list no ordinance amending Chapters 19.30, 19.48 or 19.66 or the urban lot split section. The Planning fees are labeled effective July 20, 2020 on pages dated February 2024, and the Public Works fees are from 2020, so confirm each amount. The City's urban lot split application form, the Public Works standard drawings and the school, water and sewer charges of other agencies were not read. Land outside the city limits follows San Bernardino County's subdivision rules.

Where to Go Next

Related on VanPlex: the San Bernardino overview, the California SB 9 page and the SB 684 and SB 1123 page.

Frequently Asked Questions

Official sources (checked October 2026)