San Bernardino | Three or more homes

San Bernardino, California Rules for Three or More Homes: Apartment Zones, Permits by Size, Planned Developments, Density Bonus and SB 79

The Development Code of the City of San Bernardino treats triplexes, fourplexes and larger buildings the same way. Three or more homes on a lot are multi-family housing, allowed in four residential zones and two commercial zones at a set number of homes per acre. This page covers those zones, the standards a project must meet, the permit each project size needs, the City's planned development and reuse options, and the state laws that add homes. The San Bernardino overview has the summary.

The Zones That Take Apartments

Source: San Bernardino Development Code, Section 19.04.030, Table 04.02 (pages dated Feb. 2025). In RM, RMH and RH the height is 2.5 stories or 35 feet within 75 feet of the RS zone.

Section 19.04.030(2)(L) opens "Multi-family housing is permitted in the RU, RM, RMH, RH, CG-2, and CR-2 zones subject to Development Permit Review." The purpose of the three multi-family zones is "to promote the development of multi-family townhomes, condominiums, and apartments." A net acre is an acre of the site after land for public streets is taken out.

• The count. Multiply the net acres by the zone number. One net acre gives 8 homes in RU, 12 in RM, 24 in RMH and 31 in RH.
• Small lots lose density. "All multi-family zones require a reduced density if the minimum lot size for the zone is not met." An RMH or RH lot of 14,400 to 20,000 square feet is developed at RM density, and any lot under 14,400 square feet at RU density.
• What that does to a house lot. A 7,500 square foot lot in RH is under 14,400 square feet, so it uses 8 homes per net acre and yields one home (VanPlex arithmetic: 7,500 divided by 43,560, times 8, is 1.4). A 20,000 square foot RH lot yields 14 (0.459 times 31 is 14.2). Joining lots is how a builder reaches the higher number.
• Building length. The last row of Table 04.02 limits the "Maximum Avg. No. of Attached Dwelling Units" to 8 in RU and 12 in RM, RMH and RH.
• Height near houses. Note 5 of the table: "Except within 75 feet of the Residential Suburban (RS) zone where the height shall be limited to 2.5 stores or 35 feet." The word "stores" is the City's typing.
• Above 35 feet. Section 19.20.030 adds that where the permitted height exceeds 35 feet, "The need and appropriateness of the additional height shall be demonstrated," and "additional structural setbacks (step back) may be required."

Standards Every Apartment Project Must Meet

• Private outdoor space. "Each dwelling unit shall have a private (walled) patio or balcony not less than 300 square feet in area or 25% of the dwelling unit size, whichever is less."
• Shared open space. "All multi-family developments with 12 or more dwelling units shall provide 30% useable open space for passive and active recreational uses." It may not include "vehicle parking areas; areas adjacent to or between any structures less than 15 feet apart; setbacks; patio or private yards; or, slope areas greater than 8%."
• Amenities. Projects provide recreational amenities such as a pool, a clubhouse or a play area, by a schedule: none for up to 11 homes, one for 12 to 50, two for 51 to 100, three for 101 to 200 and four for 201 to 300.
• Storage. "Each dwelling unit shall be provided a minimum of 150 cubic feet of private enclosed storage space within the garage, carport, or immediately adjacent to the dwelling unit."
• Laundry. Common laundry facilities are required, and "Each dwelling unit shall be plumbed and wired for a washing machine and dryer."
• Fire access. "All parts of all structures shall be within 150 feet of paved access for single story and 50 feet for multi-story."
• Parking distance. Parking spaces "shall be located within 150 feet from the dwelling unit (front or rear door) for which the parking space is provided."
• Management. "Management and security plans shall be submitted for review and approval for multi-family developments with 12 or more dwelling units."
• Vehicle storage. Projects in the multi-family zones with 12 or more homes provide storage for recreational vehicles and boats "at a minimum of one space for each eight dwelling units," each space at least 12 by 30 feet.
• Unit sizes. The minimum livable area is 500 square feet for a bachelor unit, 600 for one bedroom, 800 for two bedrooms, 1,000 for three and 1,200 for more than three.
• Between buildings. Table 04.02 asks for 20 feet between buildings in RU and the multi-family zones, and lot coverage of no more than 40 percent in RU and 50 percent in RM, RMH and RH.

Several of these start at 12 homes. An 11-home project has no shared open space rule, no amenity, no management plan and no vehicle storage area. Parking ratios and setbacks are on the parking, setbacks and height page.

The Permit for Each Project Size

Sources: San Bernardino Development Code 19.44.030, Table 31.01, Table 06.01 and 19.19-B.030; Planning Division fee schedule, fees effective July 20, 2020, pages dated February 2024.

Section 19.44.030 sets the permit by project size. An Administrative Permit, "which is acted upon administratively," is required "For residential projects with two to four dwelling units." A Development Permit "acted upon by the Development/Environmental Review Committee (D/ERC)" is required "For residential projects with five to 11 dwelling units." The D/ERC is a committee of City department staff. The section then says a Development Permit acted upon by the Planning Commission "shall be required for residential projects, or projects abutting a residential use in a residential land use district." That sentence gives no unit count. Read with the two lines before it, it covers projects of 12 or more homes, and that reading is VanPlex's, so confirm it with the Planning Division.

• Findings. The reviewer must find, among eight items, that the project "is one permitted within the subject zoning district and complies with all of the applicable provisions of this Development Code," that it "would be harmonious and compatible with existing and future developments within the zone and general area," and that the site "is physically suitable for the type and density/intensity of use being proposed."
• Design review. Under Chapter 19.38 the committee reviews the design of new development that goes to a body other than the Director, and must find that "The architectural design of the proposed project is compatible with the character of the surrounding neighborhood."
• Time to build. "Within two years of Administrative or Development Permit approval, commencement of construction shall have occurred or the permit shall become null and void." One extension "not to exceed 12 months" may be granted.
• State limits on denial. The Housing Accountability Act, a state law that limits when a city may deny or shrink a housing project that meets its written standards, says it "shall be applicable to charter cities." A finding such as "harmonious and compatible" calls for judgment. Under the Act, when a project "complies with applicable, objective general plan, zoning, and subdivision standards," a city that wants to deny it or cut its density must make written findings of "a specific, adverse impact upon the public health or safety."

Planned Residential Developments and Townhouses

The use table lists "Condominium or Townhouse" with a D in every residential zone but RSH, so homes sold separately on shared land are possible in the house zones at the house zone density. For more homes, Section 19.04.030(2)(N) allows a planned residential development, or PRD, in RU, RM, RMH and RH. "Attached and detached single-family dwelling units are permitted." The zone sets the count, and the PRD lets the builder group the homes: "Density transfer throughout the PRD project area is permitted for the promotion of clustering units." Structures may cover 40 percent of the gross site, attached buildings may be three stories or 42 feet, and "The maximum average number of single-family units attached in any manner to form a single structure shall be six."

A current example: the City Council agenda of September 16, 2026 carried a tentative tract map "to allow the subdivision of the 5.82-acre project site into sixty-eight (68) single-family Planned Residential Development (PRD) lots" in a proposed RM zone. That is 11.7 homes per acre against the RM limit of 12 (VanPlex arithmetic: 68 divided by 5.82). The same item introduced Ordinance No. MC-1670, which would let a PRD set its own lot sizes and setbacks with the approval of the review authority. The lot size and subdivisions page has the PRD lot rules.

Commercial Zones, Transit Areas and Reuse

• CG-2. Chapter 19.06 allows "medium and medium high residential density as alternative uses" on commercial corridors, on at least one net acre, at 12 homes per net acre west of I-215 and 21 east of it. The use table marks multi-family housing there "Requires approval by Council."
• CR-2, downtown. Sites used only for homes need "a minimum contiguous area of 1 net acre, with a maximum density of 47 units per net acre." Table 04.02 prints no setbacks, 100 percent lot coverage and 100 feet of height for CR-2, with a note about "50 foot additional bonus height."
• Mixed use. Buildings that mix homes with shops or offices are permitted in CO, CG-1, CG-2, CG-3, CR-1, CR-2, CR-3 and CCS-1. Each home needs "a minimum of 300 square feet of private useable open space."
• Transit Overlay District. Chapter 19.19-A sets building heights by station area: 30 feet and 2 stories in the Kendall neighborhood station areas, 42 feet and 3 stories in the E Street neighborhood areas, 56 feet and 4 stories in village and urban center areas, 75 feet and 6 stories in employment center areas, and 100 feet and 7 stories downtown. Next to an existing single-family zone the limit is 30 feet and 2 stories. Density stays that of the base zone, there is "no minimum lot size and no maximum lot coverage," and the parking table asks for one space per home in the RU, RM, RMH and RH base zones.
• Adaptive Reuse Overlay. Chapter 19.19-B covers Commercial Office land bounded "by the south side of Highland Avenue on the north," running south to Baseline Street and then along D Street to 8th Street. A conversion "may exceed the maximum size, placement, and density of the Zoning District in which it is located," each home must be at least 500 square feet, and "A Development Permit, approved by the Mayor and City Council, shall be required." The applicant also files "a pro-forma analysis" to show the project is economically viable.
• Senior housing. The multi-family zones permit senior citizen and congregate care housing "at a density up to 50% greater than that allowed in the zone with a marketing feasibility study and a conversion plan."

The Density Bonus

The state density bonus law gives a project more homes than the zone allows when some of its homes are reserved for lower income households. The City's handling of it changed in 2023. A memorandum of August 31, 2023 from the interim director states that the local section, "As adopted," was "out of compliance with Government Code sections 65915-65918." It directs staff "to process and approve any application for a density bonus consistent with the terms of Government Code sections 65915-65918, notwithstanding any contrary terms in the San Bernardino Municipal Code," and says approvals "shall be consistent with the Stipulated Judgment between the City of San Bernardino and Promise Gracia et al."

Section 19.04.030(2)(D) now carries the note "(MC 1629 03/06/24)" and repeats the state statute. Its purpose is to "Establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915."

• Who qualifies. A project with "Ten percent of the total units" for lower income households or "Five percent of the total units" for very low-income households, among other types.
• How much. The tables in the section start at a 20 percent bonus for 10 percent lower income homes or 5 percent very low income homes, and reach 50 percent at 24 percent lower income homes.
• Parking. On request the City may not require more than "Zero to one bedroom: one onsite parking space" and "Two to three bedrooms: one and one-half onsite parking spaces."
• No extra studies. The City "shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law."
• Charter city status. Government Code 65918: "The provisions of this chapter shall apply to charter cities."

An example by VanPlex arithmetic: a one-acre RMH site allows 24 homes. With 10 percent of them reserved for lower income households, a 20 percent bonus adds 4.8, which the statute rounds up, for 29 homes.

SB 79, SB 684 and SB 1123

SB 79 is the 2025 state law that raises height and density near major transit stops. Its reach depends on the county. Government Code 65912.156 defines an urban transit county as "a county with more than 15 passenger rail stations." The state housing department's advisory of March 20, 2026 says the 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. HCD adds that the scope "is dynamic and will modify over time," so check again when new rail service opens. The Development Code chapters read here hold no SB 79 section.

SB 684 and SB 1123 apply now. Government Code 66499.41 makes a city approve, with no hearing, a subdivision of "10 or fewer parcels" with "10 or fewer residential units" on a lot zoned for multi-family use of up to five acres. In San Bernardino that fits RU, RM, RMH and RH sites, and it gives for-sale homes on small lots a state deadline of 60 days.

Existing Buildings

• Buildings from before 1991. "Multi-family units which legally existed in the multi-family zones prior to June 3, 1991, may remain as a permitted use," and additions to them "shall comply with the standards of the multi-family zone in which the project is located."
• After a fire. Section 19.62.020: "any residential structure(s), including multi-family, in a residential zone destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within 2 years after the catastrophe."
• Repairs. "Necessary repairs and desired alterations may be made to a legal nonconforming residential structure(s), including multi-family." A nonconforming structure is one built legally under older rules that no longer meets the current ones.
• Vacancy. A nonconforming structure whose use is discontinued "for a period of 12 or more consecutive calendar months" loses that status.
• ADUs on apartment lots. An existing apartment lot may add up to eight detached ADUs, capped at the number of existing units. See the ADUs and SB 9 page.

Where the Code and City Documents Differ

• Who decides a 12-home project. Section 19.44.030 names the Planning Commission in a sentence that has no unit count, as quoted above. Table 31.01 lists a Development Permit under both the committee and the Commission.
• CR-2 lot size. The CR-2 purpose asks for "1 net acre" for a site used only for homes. Table 04.02 prints "1 ac-R" and "20,000 MU" for CR-2, where R is residential and MU is mixed use.
• The density bonus section and the memo. The 2023 memo is still posted on the Planning Division page under Director Memos. The posted chapter dates the current density bonus section 03/06/24, after the memo. The statute controls in any conflict.
• Private open space. The apartment standard is 300 square feet "or 25% of the dwelling unit size, whichever is less." The mixed-use standard in Chapter 19.06 is a flat 300 square feet.

Limits of This Page

The chapters are the City's posted copies, with Chapter 19.04 dated Feb. 2025, Chapter 19.06 dated June 2024, Chapter 19.20 dated July 2020 and the others Oct. 2019. City Council agendas through October 7, 2026 list one pending change to these rules, Ordinance No. MC-1670 on planned residential developments, and the minutes of its adoption hearing were not yet posted. The Housing Element, the General Plan land use map, the specific plans, the Transit Overlay District station maps, the stipulated judgment named in the memo and Ordinance MC-1629 as adopted were not read. This page gives no rent or construction cost figures. Ask the Planning Division which body will hear a project of your size.

Where to Go Next

Related on VanPlex: the San Bernardino overview, the California duplex to fourplex page and the California SB 79 page.

Frequently Asked Questions

Official sources (checked October 2026)