San Bernardino County Unincorporated
City Zoning Code

DIVISION 2

LAND USE ZONING DISTRICTS AND ALLOWED LAND USES

CHAPTER 82.24: BEAR VALLEY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.25: BLOOMINGTON COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.26: CREST FOREST COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.27: HILLTOP COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.28: HOMESTEAD VALLEY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.29: JOSHUA TREE COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.30: LAKE ARROWHEAD COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.31: LUCERNE VALLEY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.32: LYTLE CREEK COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.33: MORONGO VALLEY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.34: MUSCOY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.35: OAK GLEN COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.37: PHELAN/PINON HILLS COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

§ 82.01.010 Purpose.

This Chapter establishes the primary and overlay land use zoning districts applied to property within the County.

(Ord. 4011, passed - -2007)

§ 82.01.020 Land Use Plan and Land Use Zoning Districts.

The Land Use Plan and the Land Use Zoning District Maps have been adopted as part of the General Plan by ordinance and resolution. This Development Code implements the goals and policies contained in the General Plan and contains the development standards and regulations for the land use zoning districts.

(a) Land Use Zoning Districts Established. The County shall be divided into primary districts and overlays that implement the San Bernardino County General Plan. The land use zoning districts shown in Table 82-1 and the overlays shown in Table 82-2 are hereby established and shall be shown on the Land Use Plan.

(b) Amendments. Changes, additions, and amendments to the Land Use Plan may be determined and defined from time-to-time by ordinance adopting sectional Land Use Zoning District Maps covering portions of the County, each of which shall become, upon final adoption and certification by the Clerk of the Board, part of the Land Use Plan. Map changes, additions, and amendments shall be processed, considered, and approved or denied in compliance with Chapter 86.12 (Amendments).

(1) Agricultural and Resource Management Land Use Zoning Districts.

(A) AG (Agriculture). The AG (Agriculture) land use zoning district provides sites for commercial agricultural operations, agriculture support services, rural residential uses and similar and compatible uses. Open space and recreation uses may occur on non-farmed lands within this AG (Agriculture) land use zoning district.

(B) RC (Resource Conservation). The RC (Resource Conservation) land use zoning district provides sites for open space and recreational activities, single-family homes on very large parcels and similar and compatible uses.

(C) FW (Floodway). The FW (Floodway) land use zoning district provides sites for animal keeping, grazing, crop production, and similar and compatible uses.

(D) OS (Open Space). The OS (Open Space) land use zoning district provides sites for open space and recreational uses, and similar and compatible uses.

(2) Residential Land Use Zoning Districts.

(A) RL (Rural Living). The RL (Rural Living) land use zoning district provides sites for rural residential uses, incidental agricultural uses, and similar and compatible uses.

(B) RS (Single Residential). The RS (Residential) land use zoning district provides sites for single-family residential uses, incidental agricultural and recreational uses, and similar and compatible uses.

(C) RM (Multiple Residential). The RM (Multiple Residential) land use zoning district provides sites for multiple residential uses, mixed residential uses, and similar and compatible non-residential uses and activities.

(3) Commercial Land Use Zoning Districts.

(A) CR (Rural Commercial). The CR (Rural Commercial) land use zoning district provides sites for retail trade and personal services, repair services, lodging services, recreation and entertainment services, transportation services, and similar and compatible uses. Agriculture and residential uses allowed also but are secondary in importance.

(B) CN (Neighborhood Commercial). The CN (Neighborhood Commercial) land use zoning district provides sites for retail trade and personal services, repair services, lodging services, professional services, recreation and entertainment services, and similar and compatible uses.

(C) CO (Office Commercial). The CO (Office Commercial) land use zoning district provides sites for professional services, and similar and compatible uses.

(D) CG (General Commercial). The CG (General Commercial) land use zoning district provides sites for retail trade and personal services, lodging services, office and professional services, recreation and entertainment services, wholesaling and warehousing, contract/construction services, transportation services, open lot services, and similar and compatible uses.

(E) CS (Service Commercial). The CS (Service Commercial) land use zoning district provides sites for a mixture of heavy commercial uses and light industrial uses, including light manufacturing uses, and similar and compatible uses.

(F) CH (Highway Commercial). The CH (Highway Commercial) land use zoning district provides sites for retail trade and personal services, lodging services, office and professional services, recreation and entertainment services, wholesaling and warehousing, contract/construction services, transportation services, open lot services, and similar and compatible uses.

(4) Industrial Land Use Zoning Districts.

(A) IC (Community Industrial). The IC (Community Industrial) land use zoning district provides sites for light industrial uses such as light manufacturing uses, wholesale/warehouse services, contract/construction services, transportation services, agriculture support services, incidental commercial and accessory residential uses, and similar and compatible uses. These uses shall have limited outside storage.

(B) IR (Regional Industrial). The IR (Regional Industrial) land use zoning district provides sites for heavy industrial uses that have the potential to generate severe negative impacts, incidental commercial uses, agricultural support services, salvage operations, and similar and compatible uses.

(5) Special Purpose Land Use Zoning Districts.

(A) IN (Institutional). The IN (Institutional) land use zoning district provides sites for public and quasi-public uses facilities, and similar and compatible uses.

(B) SD (Special Development). The SD (Special Development) land use zoning district provides sites for a combination of residential, commercial, industrial, agricultural, open space and recreation uses, and similar and compatible uses.

(C) SP (Specific Plan). The SP (Specific Plan) land use zoning district provides sites for a combination of residential, commercial, industrial, agricultural, open space, recreational and similar and compatible uses as determined by the Specific Plan.

Table 82-1
Land Use Zoning Districts
Land Use Zoning District Symbol	Land Use Zoning District Name	Applicable Development Code Chapter/Section
Agricultural and Resource Management Land Use Zoning Districts
AG	Agriculture	82.03
RC	Resource Conservation	82.03
FW	Floodway	82.03
OS	Open Space	82.03
Residential Land Use Zoning Districts
RL	Rural Living	82.04
RS	Single Residential	82.04
RM	Multiple Residential	82.04
Commercial Land Use Zoning Districts
CR	Rural Commercial	82.05
CN	Neighborhood Commercial	82.05
CO	Office Commercial	82.05
CG	General Commercial	82.05
CS	Service Commercial	82.05
CH	Highway Commercial	82.05
Industrial Land Use Zoning Districts
IC	Community Industrial	82.06
IR	Regional Industrial	82.06
Special Purpose Land Use Zoning Districts
IN	Institutional	82.06
SD	Special Development	82.06
SP	Specific Plan	82.06

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009)

§ 82.01.030 Overlays.

(a) Purpose. The overlays established by § 82.01.020 (Land Use Plan and Land Use Zoning Districts), and detailed in Chapters 82.13 through 82.19 are intended to guide development within the overlays by providing standards that apply to proposed development in addition to the standards and regulations of the primary land use zoning district, where important community, site, environmental, safety, compatibility, or design issues require particular attention in project planning. The overlays are shown in Table 82-2.

(b) Purpose of Individual Overlays. The purpose of each overlay is described in Chapters 82.07 through 82.22.

(c) Mapping of Overlays. The applicability of one or more overlays to a specific site is shown by the overlay district symbol established by Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, and Overlays), being appended as a suffix to the symbol for the primary land use zoning district on the Land Use Plan. Overlays are applied to property through the amendment process in Chapter 86.12 (Amendments).

(d) Allowed Land Uses, Permit Requirements, Development Standards. Except as may be otherwise provided by this Division for a specific overlay:

(1) Any land use normally allowed in the primary land use zoning district by this Division may be allowed within a overlay, subject to any additional requirements of the overlay;

(2) Development and new land uses within a overlay shall obtain the planning approvals required by this Division for the primary land use zoning district; and

(3) Development and new land uses within an overlay shall comply with all applicable development standards of the primary land use zoning district, the standards established for the specific overlay by Chapters 82.13 through 82.19, and all other applicable provisions of this Development Code (e.g., Division 3 - Site Planning and General Development Standards). In the event of any conflict between an overlay requirement and a primary land use zoning district requirement, the most restrictive shall control.

Table 82-2
Overlays
Overlay Symbol	Overlay Name	Applicable Development Code Chapter/Section
Overlays
AA(1)	Additional Agriculture	82.07
AP(1)	Agricultural Preserve	82.08
AR(2)	Airport Safety	82.09
AH(2)	Alternate Housing	82.10
BR(2)	Biotic Resources	82.11
CP(2)	Cultural Resources Preservation	82.12
FS(2)	Fire Safety	82.13
FP(2)	Flood Plain Safety	82.14
GH(2)	Geologic Hazard	82.15
HW(2)	Hazardous Waste	82.16
MR(2)	Mineral Resources	82.17
NH(2)	Noise Hazard	82.18
OS(2)	Open Space	82.19
PR(2)	Paleontologic Resources	82.20
SC(1)	Sign Control	82.21
SS(3)	Sphere Standards	82.22
Notes:
(1) Included as a suffix to the land use designation on the Land Use Zoning District Maps.
(2) Not included on the Land Use Zoning District Map, but a separate map.
(3) Only applied to the city sphere of influence area designated in Chapter 82.22.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008; Am. Ord. 4098, passed - -2010; Am. Ord. 4400, passed - -2021)

§ 82.02.010 Purpose.

This Chapter describes the County’s requirements for the approval of proposed development and new land uses. The planning permit requirements established by this Development Code for specific types of development are in Chapters 82.03 through 82.23.

(Ord. 4011, passed - -2007)

§ 82.02.020 General Requirements for Development and New Land Uses.

Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.

(a) Allowed Use. The land use shall be allowed by this Development Code in the land use zoning district applied to the site. The basis for determining whether a use is allowed is described in § 82.02.030 (Allowed Land Uses and Planning Permit Requirements).

(b) Permit and Approval Requirements. Any planning permit or other approval required by § 82.02.030 (Allowed Land Uses and Planning Permit Requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in § 82.02.040 (Exemptions from Planning Permit Requirements).

(c) Development Standards, Conditions of Approval. Each land use and structure shall comply with the development standards of this Division, applicable standards and requirements in Division 3 (Countywide Development Standards), and Division 4 (Standards for Specific Land Uses and Activities), and any applicable conditions imposed by a previously granted planning permit.

(d) Legal Parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and Division 7 (Subdivisions).

(Ord. 4011, passed - -2007)

§ 82.02.030 Allowed Land Uses and Planning Permit Requirements.

(a) Allowed Land Uses. The uses of land allowed by this Development Code in each land use zoning district are listed in Chapters 82.03 through 82.22, together with the type of planning permit required for each use. Each listed land use is defined in Division 10 (Definitions).

(1) Establishment of an Allowed Use.

(A) Any one or more land uses identified by the land use tables in Chapters 82.03 through 82.22 as being allowed within a specific land use zoning district may be established on any parcel within that land use zoning district, subject to the planning permit requirements of Subdivision (c), and compliance with all applicable requirements of this Development Code.

(B) Where a single parcel is proposed for development with two or more allowed land uses, the overall project shall be subject to the highest permit level required by Subdivision (c) for any individual use.

(2) Use Not Listed.

(A) A use not listed in any land use table in Chapters 82.03 through 82.22, and determined by the Director to not be included in Division 10 (Definitions) under the definition of a listed land use, is not allowed except as otherwise provided in § 82.02.040 (Exemptions from Planning Permit Requirements).

(B) A use that is not listed in a land use table within a particular land use zoning district is not allowed within that district, except as otherwise provided § 82.02.040.

(3) Similar and Compatible Use May Be Allowed. The Director may determine that a proposed land use not listed in any land use table or Division 10 (Definitions) is allowed as follows:

(A) Required Findings. The Director may determine that a proposed use is similar to, and compatible with a listed use and may be allowed, only after first making all of the following findings with the determination:

(I) The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the district;

(II) The use will be consistent with the purposes of the applicable land use zoning district;

(III) The use will be consistent with the General Plan, and any applicable specific plan;

(IV) The use will be compatible with the other uses allowed in the land use zoning district; and

(V) The use is not listed as allowed in another land use zoning district.

(B) Findings in Writing. A determination that a use qualifies as a similar and compatible use, and the findings supporting the determination, shall be in writing.

(C) Applicable Standards and Permit Requirements. When the Director determines that a proposed, but unlisted, use is similar and compatible to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code apply.

(D) Referral for Determination. The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting.

(E) Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 86.08 (Appeals).

(b) Permit Requirements. Chapters 82.03 through 82.22 provide tables showing allowed land use types that are:

(1) “A” Uses. Allowed without any land use review but may be subject to Building Permits. These uses are shown as “A” uses in the tables;

(2) “P” Uses. Allowed subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Site Plan Permits (Chapter 85.08). These are shown as “P” uses in the tables;

(3) “M/C” Uses. Allowed subject to the approval of a Minor Use Permit issued in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit), unless the use does not qualify for a Minor Use Permit in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit) in which case the use shall require a Conditional Use Permit. These uses are shown as “M/C” uses in the tables;

(4) “CUP” Uses. Allowed subject to approval of a Conditional Use Permit (Chapter 85.06), and shown as “CUP” uses in the tables.

(5) “MUP” Uses. Allowed subject to approval of a Minor Use Permit (Chapter 85.06), and shown as “MUP” uses in the tables.

(6) “PD” Uses. Allowed subject to the approval of a Planned Development Permit (Chapter 85.10), and shown as “PD” uses in the tables;

(7) “SUP” Uses. Allowed subject to the approval of a Special Use Permits (Chapter 85.14), and shown as “SUP” uses in the tables;

(8) “S” Uses. Allowed subject to the type of County approval required by a specific provision of Division 4 (Standards for Specific Land Uses and Activities), and shown as “S” uses in the tables;

(9) “TSP” Uses. Allowed subject to the provisions in Chapter 85.16 (Temporary Special Events Permits), and shown as “TSP” in the tables;

(10) “TUP” Uses. Allowed subject to the provisions in Chapter 84.25 (Temporary Structures and Uses) and approval of a Temporary Use Permit (Chapter 85.15), and shown as “TUP” uses in the tables; and

(11) “—“ Uses. Not allowed in particular land use zoning districts, and shown as “—“ in the tables.

(c) Additional Permit Requirements. A land use authorized through the approval of a Site Plan Permit, Minor Use Permit, Conditional Use Permit, Planned Development Permit, or other permit required by this Division may also require a Building Permit and/or other permit required by the County Code.

(Ord. 4011, passed - -2007)

§ 82.02.040 Exemptions from Planning Permit Requirements.

The planning permit requirements of this Development Code do not apply to the land uses, structures, and activities identified by this Section. These are allowed in all land use zoning districts subject to compliance with this Section.

(a) General Requirements for Exemption. The land uses, structures, and activities identified by Subdivision (b) below are exempt from the planning permit requirements of this Development Code only when:

(1) The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this Division (Land Use Zoning Districts and Allowed Land Uses), and Division 3 (Countywide Development Standards), Division 4 (Standards for Specific Land Uses and Activities) and, where applicable, Chapter 84.17 (Nonconforming Uses and Structures); and

(2) Any permit or approval required by regulations other than this Development Code is obtained (for example, a Building Permit).

(b) Exempt Activities and Land Uses. The following are exempt from the planning permit requirements of this Development Code when in compliance with Subdivision (a) above.

(1) Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit.

(2) Fences and Walls. See Chapter 83.06 (Fences, Hedges, and Walls).

(3) Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.

(4) Repairs and Maintenance.

(A) Single-Family Dwellings. Ordinary repairs to, and maintenance of, single-family dwellings or any related accessory structures.

(B) Multi-Family, and Non-Residential Structures. Ordinary repairs to, and maintenance of multi-family residential and nonresidential structures, if:

(I) The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and

(II) Any exterior repairs employ the same materials and design as the original construction.

(5) Small, Portable Residential Accessory Structures. A single portable structure per lot or unit, including pre-manufactured storage sheds or other small structures in residential zones, that are exempt from Building Permit requirements in compliance with the County Code and the California Building Code. Additional structures may be approved in compliance with § 84.01.050 (Residential Accessory Structures and Uses), where allowed by the applicable zone.

(6) Solar Collectors, Accessory to Residential Uses of 19 Units or Fewer. The addition of solar collectors to the roof or side of a building, provided that the collectors comply with applicable height limit requirements; and ground-mounted solar collectors that comply with the setback requirements and height limitations of the applicable zone and are not visible from off the site.

(7) Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed 120 square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed three feet in depth.

(8) Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zone. These include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. Commercial satellite and wireless communications antennas are not exempt, and are instead subject to Chapter 84.27 (Wireless Telecommunications Facilities).

(9) Noncommercial Receive-Only Antennas. The following noncommercial, receive only antennas for the sole use of a resident occupying a residential structure shall not be regulated by this Development Code:

(A) A ground or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches); and

(B) Roof-mounted radio or television aerials not exceeding 75 feet in overall height.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4245, passed - -2014)

§ 82.02.050 Special Developments.

Special Developments shall be allowed in any land use zoning district with the approval of a Planned Development Permit in compliance with Chapter 85.10 (Planned Development Permits).

(Ord. 4011, passed - -2007)

§ 82.02.060 Temporary Uses.

Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Chapter 84.25 (Temporary Structures and Uses).

(Ord. 4011, passed - -2007)

§ 82.03.010 Purpose.

This Chapter lists the land uses that may be allowed within the agricultural and resource management land use zoning districts established by the General Plan and listed in Chapter 82.01 (Land Use Plan and Land Use Zoning Districts, and Overlays), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

(Ord. 4011, passed - -2007)

§ 82.03.020 Purposes and Location of the Agricultural and Resource Management Land Use Zoning Districts.

The purposes of the individual agricultural and resource management land use zoning districts and the locations where they are applied are as specified in the General Plan and as described in Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, and Overlays).

(Ord. 4011, passed - -2007)

§ 82.03.030 Minimum Area for Designation.

The agricultural and resource land use zoning districts shall be applied through the General Plan amendment process (Chapter 86.12) only to sites with the minimum areas indicated in Table 82-3.

Table 82-3
Minimum Area For Agricultural and Resource Management
Land Use Zoning District Designation
Land Use Zoning District	Minimum Area for Designation
AG (Agriculture)	100 acres
RC (Resource Conservation)	200 acres
FW (Floodway)	No Minimum Area Required
OS (Open Space)	No Minimum Area Required

(Ord. 4011, passed - -2007)

§ 82.03.040 Agricultural and Resource Management Land Use Zoning District Allowed Uses and Permit Requirements.

(a) General Permit Requirements. Table 82-3 identifies the uses of land allowed by this Development Code in each agricultural and resource land use zoning district established by Chapter 82.01 (Land Use Plan and Land Use Zoning Districts, and Overlays), in compliance with § 82.02.030 (Allowed Land Uses and Planning Permit Requirements).

(b) Requirements for Certain Specific Land Uses. Where the last column in Table 82-4 (Specific Use Regulations) includes a Section number, the referenced Section may affect whether the use requires a Site Plan Permit, Conditional Use Permit, Minor Use Permit, Planned Development Permit, or other County approval, and/or may establish other requirements and standards applicable to the use.

Table 82-4
Allowed Land Uses and Permit Requirements for Agricultural and Resource Management Land Use Zoning Districts
Land Use See Division 10 (Definitions) for land use definitions	Permit Required by District				Specific Use Regulations
	RC	AG	FW	OS	Specific Use Regulations
Agricultural, Resource & Open Space Uses
Agricultural support services	M/C	M/C	CUP	—
Animal keeping	S	S	S	—	84.04
Community gardens	A	A	A	—
Crop production, horticulture, orchard, vineyard	A	A	A	—
Industrial hemp cultivation - Small scale (minimum 1-acre lot size)	P	P	P	—	84.35
Industrial hemp cultivation - Large scale (minimum 5-acre lot size)	CUP	CUP	CUP	—	84.35
Livestock operations	S	S	S	—	84.04
Natural resources development (mining)	CUP	CUP	CUP	—	88.03
Nature preserve (accessory uses)	P(1)	P(1)	P(1)	P(1)
Lake, reservoir	M/C	M/C	M/C	M/C
Pond	A	A	A	A
Winery	M/C	M/C	—	—
Industry, Manufacturing & Processing, Wholesaling
Composting operations	CUP	CUP	—	—
Hazardous waste facilities	CUP	CUP	—	—	84.11
Industrial use requiring extensive buffering	CUP	CUP	—	—
Recycling facilities	S	S	—	—	84.19
Recreation, Education & Public Assembly
Agritourism enterprises	S	S	—	—	84.03
Campgrounds	M/C	M/C	—	—
Conference/convention facility	CUP	CUP	—	—
Equestrian facility	M/C	M/C	—	—
Fitness/health facility	M/C	—	—	—
Library, museum, art gallery, outdoor exhibit	M/C	M/C	—	—
Meeting facility, public or private	CUP	CUP	—	—
Park, playground	M/C	M/C	—	—
Places of worship	CUP	CUP	—	—
Recreational vehicle park	CUP(2)
Rural sports and recreation	CUP	CUP	—	—
School - College or university	CUP	CUP	—	—
School - Private	CUP	CUP	—	—
School - Specialized education/training	CUP	CUP	—	—
Residential(7)
Accessory use or structure - Residential	A(3)	A(3)	—	—	84.01
Guest housing	A(3)	A(3)	—	—	84.01
Accessory dwelling unit	A(4)	A(4)	—	—	84.01
Junior accessory dwelling unit	A(4)	(A)(4)	—	—	84.01
Single dwelling	A	A	—	—
Retail
Produce stands (200 sq. ft. or less on lots that are 10,000 sq. ft. or greater)	A(5)	A	—	—	84.03
Services - Business & Professional
Medical services - Hospital	M/C	M/C	—	—
Medical services - Rehabilitation centers	M/C	M/C	—	—
Office - Accessory	P	P	—	—
Office - Government	M/C	M/C	—	—
Services - General
Cemetery including pet cemeteries	CUP	CUP	—	—
Commercial kennels and catteries - min lot 2.5 acres	M/C	M/C	—	—
Emergency shelter	—	CUP	—	—	84.33
Home occupation	SUP	SUP	—	—	84.12
Licensed residential care facility of 6 or fewer persons	A	A	—	—
Licensed residential care facility of 7 or more persons	M/C	M/C	—	—	84.23
Lodging - Bed and breakfast inn (B&B)	SUP	SUP	—	—
Public safety facility	M/C	M/C	—	—
Short-term residential rentals	SUP	SUP	—	—	84.28
Unlicensed residential care facility of 6 or fewer persons	RCP	RCP	—	—	84.32
Unlicensed residential care facility of 7 or more persons	M/C	M/C	—	—
Transportation, Communications & Infrastructure
Broadcasting antennae and towers	M/C	M/C	—	—
Electrical power generation	CUP	CUP	—	—
Pipelines, transmission lines, and control stations(6)	(6)	(6)	(6)	(6)
Renewable energy generation facilities	CUP	CUP	CUP	—
Sewage treatment and disposal facility	CUP	CUP	—	—
Solid waste disposal	CUP	CUP	—	—
Transportation facility	CUP	CUP	—	—
Utility facility	CUP	CUP	CUP	—
Wind energy system, accessory	S	S	S	—	84.26
Wireless telecommunications facility	S	S	S	—	84.27
Other
Accessory structures and uses	A	A	A	A	84.01
Temporary special events	TSP	TSP	TSP	TSP	85.16
Temporary structures and uses	TUP	TUP	TUP	TUP	84.25

Key
A	Allowed use (no planning permit required)	PD	Planned Development Permit required (Chapter 85.10)
P	Permitted Use; Site Plan Permit required (Chapter 85.08)	SUP	Special Use Permit required (Chapter 85.14)
M/C	Minor Use Permit required; unless a Conditional Use Permit required in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit)	S	Permit requirement set by Specific Use Regulations (Division 4)
		TSP	Temporary Special Events Permit required (Chapter 85.16)
		RCP	Unlicensed Residential Care Facilities Permit (Chapter 85.20)
CUP	Conditional Use Permit required (Chapter 85.06)	TUP	Temporary Use Permit required (Chapter 85.15)
MUP	Minor Use Permit required (Chapter 85.06)	—	Use not allowed

Notes:

(1) CUP required if maximum building coverage exceeds 10,000 sq. ft., the use will have more than 20 employees per shift, or if not exempt from CEQA; may qualify for a MUP in compliance with § 85.06.020 (Applicability).

(2) Density of the recreational vehicles in a Recreational Vehicle Park shall be limited to 4 per acre.

(3) Use allowed as an accessory use only, on the same site as a residential use allowed by this table.

(4) Use allowed as an accessory use only with standards, on the same site as a residential use allowed by this table.

(5) In Phelan/Pinon Hills Community Plan area, a maximum 6 sq. ft. advertising sign shall be allowed.

(6) Pipelines, transmission lines, and control station uses are regulated and approved by the Public Utilities Commission. See alternate review procedures in § 85.02.050 (Alternate Review Procedures).

(7) Supportive housing or transitional housing that is provided in single-, two-, or multi-family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses under this Code.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4098, passed - -2010; Am. Ord. 4230, passed - -2014; Am. Ord. 4251, passed - -2014; Am. Ord. 4341, passed - -2018; Am. Ord. 4383, passed - -2020; Am. Ord. 4393, passed - -2020; Am. Ord. 4444, passed - -2022)

§ 82.03.050 Agricultural and Resource Management Land Use Zoning District Subdivision Standards.

(a) Each subdivision shall comply with the minimum parcel size requirements shown in Tables 82-4A, 82-4B and 82-4C for the applicable land use zoning district.

(b) The minimum parcel size requirements for a specific subdivision are determined by the review authority as part of subdivision approval. The review authority may require one or more parcels within a specific subdivision to be larger than the minimums required by these tables based on potential environmental impacts, the physical characteristics of the site or surrounding parcels, and/or other factors.

Table 82-4A
Agricultural and Resource Management Land Use Zoning District Minimum Lot Size
Valley Region
Land Use Zoning District	Minimum Lot Area	Lot Dimensions			Maximum Width to Depth Ratio
Land Use Zoning District	Minimum Lot Area	Minimum Frontage Width	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
AG	10 acres(1)	NA	300 ft.	300 ft.	1:4
RC	40 acres	150 ft.	300 ft.	300 ft.	1:4
FW	10 acres	NA	60 ft.	100 ft	1:4
OS	No requirement	No requirement	No requirement	No requirement	No requirement
Notes:
(1) Except where modified by map suffix. The various designations within the AG Land Use Zoning District shall be limited to AG, AG-20, AG-40, AG-80 and AG-160.

Table 82-4B
Agricultural and Resource Management Land Use Zoning District Minimum Lot Size
Mountain Region
Land Use Zoning District	Minimum Lot Area	Lot Dimensions			Maximum Width to Depth Ratio
Land Use Zoning District	Minimum Lot Area	Minimum Frontage Width	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
AG(1)	10 acres(2)	NA	300 ft.	300 ft.	1:4
RC	40 acres	150 ft.	300 ft.	300 ft.	1:4
FW	10 acres	NA	60 ft.	100 ft.	1:3
OS	No requirement	No requirement	No requirement	No requirement	No requirement
Notes:
(1) Limited to the Oak Glen Community Plan area only.
(2) Except where modified by map suffix. The various designations within the AG Land Use Zoning District shall be limited to AG, AG-20, AG-40, AG-80 and AG-160.

Table 82-4C
Agricultural and Resource Management Land Use Zoning District Minimum Lot Size
Desert Region
		Lot Dimensions
Land Use Zoning District	Minimum Lot Area	Minimum Frontage Width	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
AG	10 acres(1)	NA	300 ft.	300 ft.	1:4
RC	40 acres	150 ft.	300 ft.	300 ft.	1:4
FW	10 acres	NA	60 ft.	100 ft.	1:4
OS	No requirement	No requirement	No requirement	No requirement	No requirement
Notes:
(1) Except where modified by map suffix. The various designations within the AG Land Use Zoning District shall be limited to AG, AG-20, AG-40, AG-80 and AG-160.

(Ord. 4011, passed - -2007)

§ 82.03.060 Agricultural and Resource Management Land Use Zoning District Site Planning and Building Standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures shall be designed, constructed, and established in compliance with the requirements in Tables 82-5A, 82-5B, and 82-5C, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Division 3 (Countywide Development Standards) and Division 4 (Standards for Specific Land Uses and Activities).

Table 82-5A
Agricultural and Resource Management Land Use Zoning District Development Standards
Valley Region
Valley Region Development Feature	Requirement by Land Use Zoning District
Valley Region Development Feature	AG Agriculture	RC Resource Conservation	FW Floodway	OS Open Space
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	1 unit per 10 acres; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	1 unit per 40 acres; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Residential Not Allowed	Residential Not Allowed
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 4 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.	75 ft.	25 ft.
Side - Street side	25 ft.	25 ft.	25 ft.	25 ft.
Side - Interior (each)	15 ft.	15 ft.	15 ft.	15 ft.
Rear	15 ft.	15 ft.	15 ft.	15 ft.
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	NA	NA	NA	NA
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	35 ft.	35 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).

Table 82-5B
Agricultural and Resource Management Land Use Zoning District Development Standards
Mountain Region
Mountain Region Development Feature	Requirement by Land Use Zoning District
Mountain Region Development Feature	AG(1) Agriculture	RC Resource Conservation	FW Floodway	OS Open Space
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	1 unit per 10 acres; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	1 unit per 40 acres; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Residential Not Allowed	Residential Not Allowed
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	35 ft.	25 ft.	25 ft.	25 ft.
Side - Street side	30 ft.	25 ft.	25 ft.	25 ft.
Side - Interior (each)	30 ft.	15 ft.	15 ft.	15 ft.
Rear	35 ft.	15 ft.	15 ft.	15 ft.
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	NA	NA	NA	NA
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	25 ft.	35 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Limited to the Oak Glen Community Plan area only.

Table 82-5C
Agricultural and Resource Management Land Use Zoning District Development Standards
Desert Region
Desert Region Development Feature	Requirement by Land Use Zoning District
Desert Region Development Feature	AG Agriculture	RC Resource Conservation	FW Floodway	OS Open Space
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	1 unit per 10 acres; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	1 unit per 40 acres; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Residential Not Allowed	Residential Not Allowed
Setbacks	Minimum setbacks required. See Chapters 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.	75 ft.	25 ft.
Side - Street side	25 ft.	25 ft.	25 ft.	25 ft.
Side - Interior (each)	15 ft.	15 ft.	15 ft.	15 ft.
Rear	15 ft.	15 ft.	15 ft.	15 ft.
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	NA	NA	NA	NA
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	35 ft.	35 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008)

§ 82.03.070 FW Land Use Zoning District Additional Standards.

(a) No structure or use shall be constructed, located or substantially improved and no land shall be graded or developed in the area designated as floodway, except upon approval of a plan which provides that the proposed development will not result in any increase in flood levels during the occurrence of the base flood discharge.

(b) Proposed land use permits within the FW district shall comply with all of the requirements necessary for the approval of a permit in the Floodplain Overlay.

(Ord. 4011, passed - -2007)

§ 82.04.010 Purpose.

This Chapter lists the land uses that may be allowed within the residential land use zoning districts established by the General Plan and listed in Chapter 82.01 (Land Use Plan, and Land Use Zoning Districts, and Overlays), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

(Ord. 4011, passed - -2007)

§ 82.04.020 Purposes and Location of the Residential Land Use Zoning Districts.

The purposes of the individual residential land use zoning districts and the locations where they are applied are as specified in the General Plan and as described in Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, and Overlays).

(Ord. 4011, passed - -2007)

§ 82.04.030 Minimum Area for Designation.

The residential land use zoning districts shall be applied through the General Plan amendment process (Chapter 86.12) only to sites with the minimum areas indicated in Table 82-6.

Table 82-6
Minimum Area For Residential Land Use Zoning District Designation
Land Use Zoning District	Minimum Area for Designation
RL (Rural Living)	30 acres
RS (Single Residential)	10 acres
RM (Multiple Residential)	10 acres

(Ord. 4011, passed - -2007)

§ 82.04.040 Residential Land Use Zoning District Allowed Uses and Permit Requirements.

(a) General Permit Requirements. Table 82-7 identifies the uses of land allowed by this Development Code in each residential land use zoning district established by Chapter 82.01 (Land Use Plan, and Land Use Zoning Districts, and Overlays), in compliance with § 82.02.030 (Allowed Land Uses and Planning Permit Requirements).

(b) Requirements for Certain Specific Land Uses. Where the last column in Table 82-7 (Specific Use Regulations) includes a Section number, the referenced Section may affect whether the use requires Land Use Review, or Conditional Use Permit or Minor Use Permit, or other County approval, and/or may establish other requirements and standards applicable to the use.

Table 82-7
Allowed Land Uses and Permit Requirements for Residential Land Use Zoning Districts
Land Use See Division 10 (Definitions) for land use definitions	Permit Required by District			Specific Use Regulations
	RL(1)	RS	RM

Table 82-7
Allowed Land Uses and Permit Requirements for Residential Land Use Zoning Districts
Land Use See Division 10 (Definitions) for land use definitions	Permit Required by District			Specific Use Regulations
	RL(1)	RS	RM	Specific Use Regulations
Agricultural, Resource & Open Space Uses
Accessory crop production	A(2)	A(2)	A(2)	84.01
Agricultural accessory structure - 1,000 sf max.	A	A	A
Agricultural accessory structure - up to 10,000 sf max. on 5 ac. or less	A	—	—
Agricultural accessory structure - greater than 10,000 sf on 5 ac. or less	M/C	—	—
Agricultural support services	CUP	—	—
Animal keeping	S	S	S	84.04
Community gardens	A	CUP	A
Crop production, horticulture, orchard, vineyard, nurseries	A	—	—
Industrial hemp cultivation - Small scale (minimum 1-acre lot size)	P	—	—	84.35
Industrial hemp cultivation - Large scale (minimum 5-acre lot size)	CUP	—	—	84.35
Livestock operations	CUP	—	—	84.04
Natural resources development (mining)	CUP	—	—	88.03
Nature preserve (accessory uses)	M/C	—	—
Lake	M/C	CUP	—
Pond	A	A	M/C
Industry, Manufacturing & Processing, Wholesaling
Composting operations	CUP	—	—
Recycling facilities - reverse vending machine, accessory	S	—	—	84.19
Recreation, Education & Public Assembly Uses
Agritourism enterprises	S	—	—	84.03
Campgrounds(3)	CUP	—	—
Commercial entertainment - Indoor(3)	CUP	—	—
Conference/convention facility(3)	CUP	—	—
Equestrian facility(3)	M/C	S(4)	—
Golf course(3)	CUP	—	—
Library, museum, art gallery, outdoor exhibit(3)	M/C	M/C	M/C
Meeting facility, public or private(3)	CUP	CUP	CUP
Park, playground(3)	P	P	P
Places of worship	CUP	CUP	CUP
Rural sports and recreation(3)	M/C	—	—
School - College or university	CUP	CUP	—
School - Private	CUP	CUP	—
School - Specialized education/training	CUP	—	—
Sports or entertainment assembly(3)	CUP	—	—
Residential(10)
Accessory structures and uses	A	A	A	84.01
Group residential (sorority, fraternity, boarding house, private residential club, etc.)	—	—	M/C	—
Guest house	A	A	A	84.01
Mobile home park/manufactured home land-lease community	CUP	CUP	CUP	84.14
Multiple dwelling, 2 to 3 units, attached or detached	—	—	A	84.16
Multiple dwelling, 4 to 19 units, attached or detached	—	—	A	84.16
Multiple dwelling, 20 to 49 units, attached or detached	—	—	MUP	84.16
Multiple dwelling, 50 or more units, attached or detached	—	—	CUP	84.16
Parolee and/or probationer home	—	—	CUP
Accessory dwelling unit	A(5)	A(5)	A(5)	84.01
Junior accessory dwelling unit	A(5)	A(5)	A(5)	84.01
Single dwelling	A	A	A(6)
Retail
Produce stand	A(7)	A(7)	A(7)
Services - General
Cemetery, including pet cemeteries	CUP	CUP	—	84.06
Child care - Family day care home (up to 14 children)	A	A	A
Child care - Day care center	M/C	M/C	M/C
Commercial kennels and catteries - min lot 2.5 acres (over 15 animals)	M/C/S	—	—	84.04
Emergency shelter	—	—	CUP	84.33
Home occupation	SUP	SUP	SUP	84.12
Licensed residential care facility of 6 or fewer persons	A	A	A	84.23
Licensed residential care facility of 7 or more persons	—	—	CUP	84.23
Lodging - Bed and breakfast inn (B&B)	SUP(8)	SUP(8)	SUP(8)	84.05
Public safety facility	M/C	M/C	M/C
Short-term residential rentals	SUP	SUP	SUP	84.28
Unlicensed residential care facility with 6 or fewer persons	RCP	RCP	RCP	84.32
Unlicensed residential care facility with 7 or more persons	—	—	CUP
Transportation, Communications & Infrastructure
Broadcasting antennae and towers	M/C	—	—
Electrical power generation	CUP	—	—
Pipelines, transmission lines, and control stations(9)	(9)	(9)	(9)
Renewable energy generation facilities	CUP	—	—	84.29
Sewage treatment and disposal facility	CUP	CUP	CUP
Solid waste disposal	CUP	CUP	CUP
Telecommunications facility	S	S	S	84.27
Transportation facility	M/C	M/C	M/C
Utility facility	CUP	CUP	CUP
Wind energy accessory	S	S	S	84.26
Wireless telecommunications facility	S	S	S	84.27
Other
Accessory structures and uses	A	A	A	84.01
Temporary special events	TSP	TSP	TSP	84.25
Temporary structures and uses	TUP	TUP	TUP	84.25

Key
A	Allowed use (no planning permit required)	PD	Planned Development Permit required (Chapter 85.10)
P	Permitted Use; Site Plan Permit required (Chapter 85.08)	SUP	Special Use Permit required (Chapter 85.14)
M/C	Minor Use Permit required; unless a Conditional Use Permit required in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit)	S	Permit requirement set by Specific Use Regulations (Division 4)
		TSP	Temporary Special Events Permit required (Chapter 85.16)
		RCP	Unlicensed Residential Care Facilities Permit (Chapter 85.20)
CUP	Conditional Use Permit required (Chapter 85.06)	TUP	Temporary Use Permit required (Chapter 85.15)
MU P	Minor Use Permit required (Chapter 85.06)	—	Use not allowed

Notes:

(1) For projects within the Oak Glen Community Plan Area, all non-agritourism uses shall comply with the agritourism hours of operation standard [§ 84.03.030(b)(3)] and the agritourism noise/amplified sound regulations [§ 84.03.030(b)(5)].

(2) Use allowed as an accessory use only with standards, on the same site as a residential use allowed by this table.

(3) For projects within the Oak Glen Community Plan Area, these uses shall comply with the agritourism development standards provided in Table 84-1 in § 84.03.030. The permit requirements presented this table shall prevail over any permit requirement listed in Table 84-1.

(4) A boarding facility only with a Home Occupation Permit.

(5) Use allowed as an accessory use only, on the same site as a residential use allowed by this table.

(6) Single dwellings will only be allowed within an RM Land Use Zoning District when sewer service is not available or the lot is less than one-half acre.

(7) In the Phelan/Pinon Hills Community Plan area on lots greater than 10,000 sq. ft. with a maximum 200 sq. ft. structure for storage and sales and a maximum 6 sq. ft. advertising sign; in RS and RM, can only operate for 72 hours per month.

(8) A CUP shall be required for three or more rooms.

(9) These uses are regulated and approved by the Public Utilities Commission. See alternate review procedures in Chapter 85.02.

(10) Supportive housing or transitional housing that is provided in single-, two-, or multi-family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses under this Code.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4085, passed - -2009; Am. Ord. 4098, passed - -2010; Am. Ord. 4162, passed - -2012; Am. Ord. 4230, passed - -2014; Am. Ord. 4251, passed - -2014; Am. Ord. 4304, passed - -2016; Ord. 4331, passed - -2017; Am. Ord. 4341, passed - -2018; Am. Ord. 4383, passed - -2020; Am. Ord. 4393, passed - -2020; Am. Ord. 4400, passed - -2021; Am. Ord. 4444, passed - -2022)

§ 82.04.050 Residential Land Use Zoning District Subdivision Standards.

(a) Each subdivision shall comply with the minimum parcel size requirements shown in Tables 82-8A, 82-8B and 82-8C for the applicable land use zoning district.

Table 82-8A
Residential Land Use Zoning District Minimum Lot Size
Valley Region
Land Use Zoning District	Minimum Lot Area	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
RL	2.5 acres(1)	150 ft.	150 ft.	1:3 for less than 10 acres;1:4 for 10 or more acres
RS	7,200 sq. ft.(1)	60 ft for less than 1 acre; 150 ft for 1 acre or more	100 ft for less than 1 acre; 150 ft for 1 acre or more	1:3 for less than 10 acres; 1:4 for 10 or more acres
RM	10,000 sq. ft.	60 ft.	100 ft.	1:3
Notes:
(1) Except where modified by map suffix. The various designations within the RL Land Use Zoning District shall be limited to RL, RL-5, RL-10, RL-20 and RL-40. The various designations within the RS Land Use Zoning District shall be limited to RS, RS-10M, RS-14M, RS-20M and RS-1.

Table 82-8B
Residential Land Use Zoning District Minimum Lot Size
Mountain Region
Land Use Zoning District	Minimum Lot Area	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
RL	2.5 acres(1)	150 ft.	150 ft.	1:3 for less than 10 acres; 1:4 for 10 or more acres
RS	7,200 sq. ft.(1)	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3 for less than 10 acres; 1:4 for 10 or more acres
RM	10,000 sq. ft.	60 ft.	100 ft.	1:3
Notes:
(1) Except where modified by map suffix. The various designations within the RL Land Use Zoning District shall be limited to RL, RL-5, RL-10, RL-20 and RL-40. The various designations within the RS Land Use Zoning District shall be limited to RS, RS-10M, RS-14M, RS-20M and RS-1.

Table 82-8C
Residential Land Use Zoning District Minimum Lot Size
Desert Region
Land Use Zoning District	Minimum Lot Area	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
RL	2.5 acres(1)	150 ft.	150 ft.	1:3 for less than 10 acres; 1:4 for 10 or more acres
RS	7,200 sq. ft(1)(2)	60 ft. for less than 1 acre; 140 ft for 1 acre or more	100 ft. for less than 1 acre; 150 ft. for 1 acre or more	1:3 for less than 10 acres; 1:4 for 10 or more acres
RM	10,000 sq. ft.	60 ft.	100 ft.	1:3
Notes:
(1) Except where modified by map suffix. The various designations within the RL Land Use Zoning District shall be limited to RL, RL-5, RL-10, RL-20 and RL-40. The various designations within the RS Land Use Zoning District shall be limited to RS, RS-10M, RS-14M, RS-20M and RS-1.
(2) The minimum residential lot size in the RS Land Use Zoning District in the Phelan-Pinon Hills Community Plan area shall be one acre.

(Ord. 4011, passed - -2007)

§ 82.04.060 Residential Land Use Zoning District Site Planning and Building Standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures shall be designed, constructed, and established in compliance with the requirements in Tables 82-9A, 82-9B and 82-9C, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Division 3 (Countywide Development Standards) and Division 4 (Standards for Specific Land Uses and Activities).

Table 82-9A
Residential Land Use Zoning District Development Standards
Valley Region
Development Feature	Requirement by Land Use Zoning District
Development Feature	RL Rural Living	RS Single Residential	RM Multiple Residential
Density	Housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Minimum density	No minimum	No minimum	11 units per acre(6)
Maximum density(5)	1 unit per 2.5 acres(1); accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	4 units per acre(1); accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	20 units per acre; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.(2)	25 ft.(2)
Side - Street side	Local street - 15 ft.; Collector or wider - 25 ft.	Local street - 15 ft.; Collector or wider - 25 ft.	Local street - 15 ft.; Collector or wider - 25 ft.
Side - Interior (each)	Lot 75 wide or less - 5 ft. on one side, 10 ft. on other; Other lots - 15 ft.	5 ft. on one side, 10 ft. on other	5 ft. on one side, 10 ft. on other
Rear	15 ft.	15 ft.	15 ft.
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	20 percent	Lot less than 20,000 sq. ft - Entire building envelope(3); Lot of 20,000 sq. ft. or larger - 40 percent(4)	60 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	45 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Map suffix may modify.
(2) A Final Map or Parcel Map may establish front yard setbacks of no less than 22 feet, provided that the average setback of all parcels in the subdivision is 25 feet.
(3) Setback, Building Code, and Composite Development Plan requirements still apply.
(4) The maximum lot coverage allowed in Chapter 82.06, Table 82-21A will prevail for allowed institutional land uses.
(5) The maximum density may be greater when modified by Chapter 83.03 (Affordable Housing Incentives - Density Bonus).
(6) If a parcel is adjacent to a lower density Land Use Zoning District and is not required to connect to sewer, property owners can subdivide/develop below the minimum density.

Table 82-9B
Residential Land Use Zoning District Development Standards
Mountain Region
Development Feature	Requirement by Land Use Zoning District
Development Feature	RL Rural Living	RS Single Residential	RM Multiple Residential
Density	Housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Minimum density	No minimum	No minimum	5 units per acre(5)
Maximum density(4)	1 unit per 2.5 acres(1); accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	4 units per acre(1); accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	20 units per acre; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapters 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	Lot less than 14,000 sq. ft. = 15 ft.; lots 14,000 sq. ft. or larger = 25 ft.	Lot less than 14,000 sq. ft. = 15 ft.; lots 14,000 sq. ft. or larger = 25 ft.
Side - Street side	25 ft.	15 ft.	15 ft.
Side - Interior (each)	20 ft.	20 percent of lot width, need not exceed 15 ft.(2)	20 percent of lot width, need not exceed 15 ft.(2)
Rear	20 ft.	15 ft.	15 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses)
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	20 percent	40 percent(3)	60 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	45 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Map suffix may modify.
(2) The side yard setback standards in the Fire Safety Overlay (Chapter 82.13) shall prevail.
(3) The maximum lot coverage allowed in Chapter 82.06, Table 82-21B will prevail for allowed institutional land uses.
(4) The maximum density may be greater when modified by Chapter 83.03 (Affordable Housing Incentives - Density Bonus).
(5) If a parcel is adjacent to a lower density Land Use Zoning District and is not required to connect to sewer, property owners can subdivide/develop below the minimum density.

Table 82-9C
Residential Land Use Zoning District Development Standards
Desert Region
	Requirement by Land Use Zoning District
Development Feature	RL Rural Living	RS Single Residential	RM Multiple Residential
Density	Housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Minimum density	No minimum	No minimum	5 or 11 units per acre(8)(9)
Maximum density(7)	1 unit per 2.5 acres(1); accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	4 units per acre(1); accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	20 units per acre; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.(2)	25 ft.(2)
Side - Street side	25 ft.	Local street - 15 ft.(3); Collector or wider - 25 ft.	Local street - 15 ft.; Collector or wider - 25 ft.
Side - Interior (each)	Lot 75 wide or less - 5 ft. on one side, 10 ft. on other; Other lots - 15 ft.	5 ft. on one side, 10 ft. on other(4)	5 ft. on one side, 10 ft. on other
Rear	15 ft.	15 ft.	15 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses)
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	20 percent	Lot less than 20,000 sq. ft. - Entire building envelope(5) Lot of 20,000 sq. ft. or larger - 40 percent(6)	60 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	45 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Map suffix may modify.
(2) A Final Map or Parcel Map may establish front yard setbacks of no less than 22 feet, provided that the average setback of all parcels in the subdivision is 25 feet.
(3) This setback shall be 25 feet in the Phelan-Pinon Hills Community Plan area.
(4) This setback shall be 10 feet on both sides in the Phelan-Pinon Hills Community Plan area.
(5) Setback, Building Code, and Composite Development Plan requirements still apply.
(6) The maximum lot coverage allowed in Chapter 82.06, Table 82-21C will prevail for allowed institutional land uses.
(7) The maximum density may be greater when modified by Chapter 83.03 (Affordable Housing Incentives - Density Bonus).
(8) In areas served by piped water, sewer and paved roads, the minimum density shall be 11 units per acre.
(9) If a parcel is adjacent to a lower density Land Use Zoning District and is not required to connect to sewer, property owners can subdivide/develop below the minimum density.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4121, passed - -2010; Am. Ord. 4393, passed - -2020; Am. Ord. 4415, passed - - 2021)

§ 82.05.010 Purpose.

This Chapter lists the land uses that may be allowed within the commercial land use zoning districts established by the General Plan and listed in § 82.01.020 (Land Use Plan and Land Use Zoning Districts), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

(Ord. 4011, passed - -2007)

§ 82.05.020 Purposes and Location of the Commercial Land Use Zoning Districts.

The purposes of the individual commercial land use zoning districts and the locations where they are applied are as specified in the General Plan and as described in Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, and Overlays).

(Ord. 4011, passed - -2007)

§ 82.05.030 Minimum Area for Designation.

The commercial land use zoning districts shall be applied through the General Plan amendment process (Chapter 86.12) only to sites with the minimum areas indicated in Table 82-10.

Table 82-10
Minimum Area for Commercial Land Use Zoning District Designation
Land Use Zoning District	Minimum Area for Designation
CR (Rural Commercial)	2.5 acres
CN (Neighborhood Commercial)	1 acre
CO (Office Commercial)	5 acres
CG (General Commercial)	5 acres
CS (Service Commercial)	5 acres
CH (Highway Commercial)	5 acres

(Ord. 4011, passed - -2007)

§ 82.05.040 Commercial Land Use Zoning District Allowed Uses and Permit Requirements.

(a) General Permit Requirements. Table 82-11 identifies the uses of land allowed by this Development Code in each commercial land use zoning district established by Chapter 82.01 (Land Use Plan, and Land Use Zoning Districts, and Overlays), in compliance with § 82.01.020 (Allowed Land Uses and Planning Permit Requirements).

(b) Requirements for Certain Specific Land Uses. Where the last column in Table 82-11 (Specific Use Regulations) includes a Section number, the referenced Section may affect whether the use requires Land Use Review, or Conditional Use Permit or Minor Use Permit, or other County approval, and/or may establish other requirements and standards applicable to the use.

Table 82-11
Allowed Land Uses and Permit Requirements for Commercial Land Use Zoning Districts
Land Use See Division 10 (Definitions) for land use definitions	Permit Required by District						Specific Use Regulations
	CR	CN	CO	CG	CS	CH

Table 82-11
Allowed Land Uses and Permit Requirements for Commercial Land Use Zoning Districts
Land Use See Division 10 (Definitions) for land use definitions	Permit Required by District						Specific Use Regulations
	CR	CN	CO	CG	CS	CH	Specific Use Regulations
Agricultural, Resource & Open Space Uses
Agriculture support services	P(2)	—	—	P(1, 2)	P(2)	—
Industry, Manufacturing & Processing, Wholesaling
Construction contractor storage yard	M/C	—	—	—	M/C	—
Firewood contractor	P(2)	—	—	—	P(2)	—	84.09
Manufacturing Operations I	M/C(3 )	—	—	—	P(2)	—
Motor vehicle storage/Impound facility	CUP	—	—	—	CUP	CUP
Recycling facilities - Small collection facility	SUP	SUP	SUP	SUP	SUP	SUP	84.19
Recycling facilities - Large collection facility	CUP	—	CUP	CUP	CUP	CUP	84.19
Recycling facilities - Light processing facility	CUP	—	—	CUP	CUP	—	84.19
Recycling facilities, reverse vending machine (accessory only)	A	A	A	A	A	A	84.19
Salvage operations - within enclosed structures	M/C(4 )	—	—	—	M/C	—
Storage - Personal storage (mini-storage)	M/C	—	—	M/C	P(2)	—
Storage - Recreational vehicles	CUP	—	—	—	CUP	CUP
Storage Warehouse, Indoor Storage	M/C	—	—	—	—	—
Wholesaling and distribution	M/C(4 )	—	—	P(1,2)	P(2)	—
Recreation, Education & Public Assembly
Adult business	—	—	—	ABP	—	—	84.02
Commercial entertainment - Indoor	P(2)	P(2)	—	P(2)	P(2)	P(2)
Commercial entertainment - Outdoor	P(2)	—	—	P(2)	P(2)	P(2)
Conference/convention facility(4, 5)	M/C	—	M/C	M/C	M/C	M/C
Equestrian facility	M/C	—	M/C	M/C	M/C	M/C
Fitness/health facility(5)	P(2)	P(2)	—	P(2)	P(2)	P(2)
Golf course	M/C	—	—	—	M/C	M/C
Library, museum, art gallery, outdoor exhibit(5)	M/C	—	—	M/C	M/C	M/C
Meeting facility, public or private(5)	CUP	CUP	CUP	CUP	CUP	CUP
Park, playground	M/C	—	—	—	—	—
Places of worship	CUP	CUP	CUP	CUP	CUP	CUP
Recreational vehicle park	M/C	—	—	—	M/C	M/C
Rural sports and recreation	CUP	—	—	—	CUP	CUP
School - College or university(5)	M/C	—	M/C	M/C	M/C	M/C
School - Private(5)	M/C	—	M/C	M/C	M/C	M/C
School - Specialized education/training(5)	M/C	—	M/C	M/C	M/C	M/C
Sports or entertainment assembly	CUP	—	—	CUP	CUP	CUP
Theater(5)	M/C	—	—	M/C	M/C	M/C
Residential(10)
Accessory dwelling (caretakers residence, etc.)	P(6)	P(6)	P(6)	P(6)	P(6)	P(6)	84.01
Accessory use or structure - Residential (conforming and non- conforming uses)	A	P(6, 7)	P(6, 7)	P(6, 7)	P(6, 7)	P(6, 7)	84.01
Group residential (sorority, fraternity, boarding house, private residential club, etc.)	M/C	—	—	M/C	M/C	M/C
Guest housing	P(7)	—	—	—	—	—	84.01
Live/work unit	M/C	M/C	M/C	M/C	M/C	M/C
Mobile home park/manufactured home land-lease community	CUP	—	—	—	—	—	84.14
Multiple dwelling, up to 19 units, attached or detached	A	—	—	—	—	—	84.16
Multiple dwelling, 20 or more units	CUP	—	—	—	—	—	84.16
Parolee and/or probationer home	CUP	—	—	CUP	CUP	CUP
Residential use only as part of a mixed use project	PD	—	PD	PD	PD	PD	84.16
Accessory dwelling unit	A	—	—	—	—	—	84.01
Single dwelling	A	—	—	—	—	—
Retail
Auto and vehicle sales and rental	P(2)	—	—	P(2)	P(2)	—
Bar, tavern	P(2)	M/C	—	P(2)	P(2)	—
Building and landscape materials sales - Indoor	M/C	—	—	M/C	M/C	—
Building and landscape materials sales - Outdoor	M/C	—	—	M/C	M/C	—
Construction and heavy equipment sales and rental	M/C	—	—	—	M/C	—
Convenience store	P(2)	P(2)	P(2)	P(2)	P(2)	P(2)
Fuel dealer (propane for home and farm use, etc.)	M/C	—	—	—	M/C	—
General retail	M/C	—	—	P(2)	P(2)	—
Groceries, specialty foods	M/C	M/C	—	P(2)	P(2)	—
Manufactured home, boat, or RV sales	P(2)	—	—	M/C	M/C	—
Night club	P(2)	M/C	—	M/C	P(2)	—
Restaurant, café, coffee shop	P(2)	P(2)	P(2)	P(2)	P(2)	P(2)
Service station	M/C	M/C	—	M/C	M/C	M/C
Second hand stores, pawnshops	P	—	—	P	P	—
Shopping center	M/C	M/C	—	M/C	M/C	M/C
Swap meet, outdoor market, auction yard	M/C	—	—	M/C	M/C	—
Warehouse retail	P(2)	—	—	P(2)	P(2)	—
Services - Business & Professional
Medical services - Hospital	—	—	CUP( 5)	—	—	—
Medical services - Rehabilitation center	—	—	CUP	—	—	—
Office - Accessory	P(6)	P(6)	P(6)	P(6)	P(6)	P(6)
Professional services	P(2)	P(2)	P	P(2)	P(2)	—
Services - General
Bail bond service within 1 mile of correctional institution	P	—	P	P	P	P
Cemetery including pet cemeteries	CUP	CUP	CUP	CUP	CUP	CUP	84.06
Child care - Day care center	M/C	M/C	M/C	M/C	M/C	—
Convenience and support services	P(2)	P(2)	—	P(2)	P(2)	P(2)
Emergency shelter	CUP	CUP	CUP	A	A	CUP	84.33
Equipment rental	P(2)	—	—	P(2)	P(2)	—
Home occupation	SUP	SUP	SUP	SUP	SUP	SUP	84.12
Kennel or cattery - 2.5-acre minimum lot area	M/C/ S	—	—	—	M/C/ S	—	84.04
Licensed Residential Care Facility of 6 or fewer persons	M/C	—	—	M/C	M/C	M/C	84.23
Licensed Residential Care Facility of 7 or more persons	M/C	—	—	M/C	M/C	M/C	84.23
Lodging - Bed and breakfast inn (B&B)	SUP	—	—	—	—	—	84.05
Lodging - Hotel or motel - 20 or fewer guest rooms	P(2)	P(2, 8)	—	P(2, 8)	P(2, 8)	P(2)
Lodging - Hotel or motel - More than 20 guest rooms	M/C	—	—	M/C	M/C	M/C
Personal services	P(2)	P(2)	—	P(2)	P(2)	P(2)
Public safety facility	M/C	M/C	—	—	M/C	M/C
Unlicensed Residential Care Facility of 6 or fewer persons	RCP	—	—	RCP	RCP	RCP	84.32
Unlicensed Residential Care Facility of 7 or more persons	M/C	—	—	M/C	M/C	M/C
Vehicle services - Major repair/body work	M/C	—	—	—	M/C	M/C
Vehicle services - Minor maintenance/repair	P(2)	—	—	P(2)	P(2)	P(2)
Transportation, Communications & Infrastructure
Ambulance, taxi, or limousine dispatch facility	P(2)	—	—	—	P(2)	P(2)
Broadcasting antennae and towers	M/C	—	—	M/C	M/C	—
Broadcasting studio	P(2)	—	—	P(2)	P(2)	—
Parking lots and structures, accessory	P(6)	P(6)	P(6)	P(6)	P(6)	P(6)
Pipelines, transmission lines, and control stations(9)	(9)	(9)	(9)	(9)	(9)	(9)
Renewable Energy Generation Facilities	CUP	CUP	CUP	CUP	CUP	CUP	84.29
Sewage treatment and disposal facility	CUP	—	—	—	—	CUP
Transportation facility	M/C	M/C	M/C	M/C	M/C	M/C
Truck Stop	M/C	—	—	—	M/C	M/C
Truck Terminal	—	—	—	—	M/C	—
Utility facility	CUP	—	—	—	CUP	—
Wind energy system, accessory	S	S	S	S	S	S	84.26
Wireless telecommunications facility	S	S	S	S	S	S	84.27
Other
Accessory structures and uses	P	P	P	P	P	P	84.01
Off-Site Signs	—	—	—	CUP	—	CUP	83.13.060
Off-Site Signs (Freeway Oriented)	—	—	—	CUP	—	CUP	83.13.060
Temporary special events	TSP	TSP	TSP	TSP	TSP	TSP	84.25
Temporary uses and activities	TUP	TUP	TUP	TUP	TUP	TUP	84.25

Key
A	Allowed use (no planning permit required)	PD	Planned Development Permit required (Chapter 85.10)
ABP	Adult Business Regulatory Permit	SUP	Special Use Permit required (Chapter 85.14)
P	Permitted Use; Site Plan Permit required (Chapter 85.08)	S	Permit requirement set by Specific Use Regulations (Division 4)
M/C	Minor Use Permit required; unless a Conditional Use Permit required in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit)	TSP	Temporary Special Events Permit required (Chapter 85.16)
CUP	Conditional Use Permit required (Chapter 85.06)	RCP	Unlicensed Residential Care Facilities Permit ( Chapter 85.20 )
MUP	Minor Use Permit required (Chapter 85.06)	TUP	Temporary Use Permit required (Chapter 85.15)
		—	Use not allowed

Notes:

(1) Not allowed in the Phelan planning area.

(2) CUP required if maximum building coverage exceeds 10,000 sq. ft., the use will have more than 20 employees per shift, or if not exempt from CEQA; may qualify for a MUP in compliance with § 85.06.020 (Applicability).

(3) The use shall be allowed in Lucerne Valley with a Site Plan Permit.

(4) The use is allowed in Lucerne Valley with a MUP.

(5) A MUP shall not be allowed if the use requires more than 200 parking spaces.

(6) Use allowed as an accessory use only, on the same site as a retail, service, or industrial use allowed by this table.

(7) Use allowed as an accessory use only, on the same site as a residential use allowed by this table.

(8) A CUP shall be required for this use in the Phelan planning area.

(9) These uses are regulated and approved by the Public Utilities Commission. See alternate review procedures in § 85.02.050.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4085, passed - -2009; Am. Ord. 4098, passed - -2010; Am. Ord. 4162, passed --2012; Am. Ord. 4230, passed - -2014; Am. Ord. 4251, passed - -2014; Am. Ord. 4304, passed - -2016; Ord. 4331, passed--2017; Am. Ord. 4341, passed - -2018; Am. Ord. 4383, passed - -2020; Am. Ord. 4393, passed --2020; Am. Ord. 4400, passed - -2021)

§ 82.05.050 Commercial Land Use Zoning District Subdivision Standards.

(a) Each subdivision shall comply with the minimum parcel size requirements shown in Tables 82-12A, 82-12B and 82-12C for the applicable land use zoning district.

Table 82-12A
Commercial Land Use Zoning District Minimum Lot Size
Valley Region
Land Use Zoning District	Minimum Lot Area (1)	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area (1)	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
CR	2.5	120 ft.	120 ft.	1:3
CN	1 acre	120 ft.	120 ft.	1:3
CO	5 acres	120 ft.	120 ft.	1:3
CG	5 acres	120 ft.	120 ft.	1:3
CS	5 acres	60 ft.	100 ft.	1:3
CH	5 acres	120 ft.	120 ft.	1:3
Notes:
(1) Minimum lot area may be less than specified if the subdivision application is filed concurrently with a Planned Development, Conditional Use Permit or Minor Use Permit application.

Table 82-12B
Commercial Land Use Zoning District Minimum Lot Size
Mountain Region
Land Use Zoning District	Minimum Lot Area (1)	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area (1)	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
CR	2.5	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
CN	1 acre	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
CO	5 acres	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
CG	5 acres	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
CS	5 acres	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
CH	5 acres	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
Notes:
(1) Minimum lot area may be less than specified if the subdivision application is filed concurrently with a Planned Development, Conditional Use Permit or Minor Use Permit application.

Table 82-12C
Commercial Land Use Zoning District Minimum Lot Size
Desert Region
Land Use Zoning District	Minimum Lot Area (1)	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area (1)	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
CR	2.5	120 ft.	120 ft.	1:3
CN	1 acre	120 ft.	120 ft.	1:3
CO	5 acres	120 ft.	120 ft.	1:3
CG	5 acres	120 ft.	120 ft.	1:3
CS	5 acres	120 ft.	120 ft.	1:3
CH	5 acres	120 ft.	120 ft.	1:3
Notes:
(1) Minimum lot area may be less than specified if the subdivision application is filed concurrently with a Planned Development, Conditional Use Permit or Minor Use Permit application.

(Ord. 4011, passed - -2007)

§ 82.05.060 Commercial Land Use Zoning District Site Planning and Building Standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures shall be designed, constructed, and established in compliance with the requirements in Tables 82-13A and B, 8-14A and B, 82-15A and B, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Division 3 (Countywide Development Standards) and Division 4 (Standards for Specific Land Uses and Activities).

Table 82-13A
CR, CN, and CO Land Use Zoning District Development Standards
Valley Region
Development Feature	Requirement by Land Use Zoning District
Development Feature	CR Rural Commercial	CN Neighborhood Commercial	CO Office Commercial
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	2 units per acre; 4 units per acre in mobile home park/manufactured home land-lease community; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapter 83.05 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.	25 ft.
Side - Street side	25 ft.	25 ft.	15 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)	10 ft.(2)
Floor Area Ratio (FAR)	Maximum allowed floor area ratio (FAR).
Maximum FAR	.3:1	.3:1	.75:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	80 percent	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	60 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards) .
Landscaping	See Chapter 83.10 (Landscaping Standards)
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.

Table 82-13B
CG, CS, AND CH Land Use Zoning District Development Standards
Valley Region
	Requirement by Land Use Zoning District
Development Feature	CG General Commercial	CS Service Commercial	CH Highway Commercial
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses).
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.	25 ft.
Side - Street side	15 ft.	15 ft.	15 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)	10 ft.(2)
Floor Area Ratio (FAR)	Maximum allowed floor area ratio (FAR).
Maximum FAR	.5:1	.5:1	.5:10
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	80 percent	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	60 ft.	60 ft.	60 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.

Table 82-14A
CR, CN, AND CO Land Use Zoning District Development Standards
Mountain Region
	Requirement by Land Use Zoning District
Development Feature	CR Rural Commercial	CN Neighborhood Commercial	CO Office Commercial
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	2 units per acre; 4 units per acre in mobile home park/manufactured home land-lease community; accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	15 ft.	15 ft.	15 ft.
Side - Street side	15 ft.	15 ft.	15 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)	10 ft.(2)
Floor Area Ratio (FAR)	Maximum allowed floor area ratio (FAR).
Maximum FAR	.25:1	.25:1	.5:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	80 percent	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	35 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.

Table 82-14B
CG, CS, AND CH Land Use Zoning District Development Standards
Mountain Region
Development Feature	Requirement by Land Use Zoning District
Development Feature	CG General Commercial	CS Service Commercial	CH Highway Commercial
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses).
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	15 ft.	15 ft.	15 ft.
Side - Street side	15 ft.	15 ft.	15 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)	10 ft.(2)
Floor Area Ratio (FAR)	Maximum allowed floor area ratio (FAR).
Maximum FAR	.5:1	.4:1	.3:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	80 percent	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	35 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.

Table 82-15A
CR, CN, AND CO Land Use Zoning District Development Standards
Desert Region
Development Feature	Requirement by Land Use Zoning District
Development Feature	CR Rural Commercial	CN Neighborhood Commercial	CO Office Commercial
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	2 units per acre; 4 units per acre in mobile home park/manufactured home land-lease community; Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.	25 ft.
Side - Street side	25 ft.	25 ft.	25 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)	10 ft.(2)
Floor Area Ratio (FAR)	Maximum allowed floor area ratio (FAR).
Maximum FAR	.3:1	.25:1	.5:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	80 percent	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	35 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.

Table 82-15B
CG, CS, AND CH Land Use Zoning District Development Standards
Desert Region
Development Feature	Requirement by Land Use Zoning District
	CG General Commercial	CS Service Commercial	CH Highway Commercial
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses).
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.	25 ft.
Side - Street side	25 ft.	25 ft.	25 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)	10 ft.(2)
Floor Area Ratio (FAR)	Maximum allowed floor area ratio (FAR).
Maximum FAR	.5:1	.3:1	.3:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces s.
Maximum coverage	80 percent	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	35 ft.	35 ft.	60 ft.(3)
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.
(3) In the Phelan/Pinon Hills Community Plan area, the maximum height is 35 ft.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008; Am. Ord. 4085, passed - -2009)

§ 82.06.010 Purpose.

This Chapter lists the land uses that may be allowed within the industrial and special purpose land use zoning districts established by the General Plan and listed in Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, and Overlays), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

(Ord. 4011, passed - -2007)

§ 82.06.020 Purposes and Location of the Industrial and Special Purpose Land Use Zoning Districts.

The purposes of the individual Industrial and special purpose land use zoning districts and the locations where they are applied are as specified in the General Plan and as described in Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, and Overlays).

(Ord. 4011, passed - -2007)

§ 82.06.030 Minimum Area for Designation.

The Industrial and special purpose land use zoning districts shall be applied through the General Plan amendment process (Chapter 86.12) only to sites with the minimum areas indicated in Table 82-16.

Table 82-16
Minimum Area for Industrial and Special Use Land Use Zoning District Designation
Land Use Zoning District	Minimum Area for Designation
IC (Community Industrial)	5 acres
IR (Regional Industrial)	30 acres
IN (Institutional)	None required
SD (Special Development)	5 acres
SP (Specific Plan)	As specified by General Plan

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4085, passed - -2009)

§ 82.06.040 Industrial and Special Purpose Land Use Zoning District Allowed Uses and Permit Requirements.

(a) General Permit Requirements. Table 82-17 identifies the uses of land allowed by this Development Code in each Industrial and special purpose land use zoning district established by Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, Overlays), in compliance with § 82.02.030 (Allowed Land Uses and Planning Permit Requirements).

(b) Requirements for Certain Specific Land Uses. Where the last column in Table 82-17 (Specific Use Regulations) includes a Section number, the referenced Section may affect whether the use requires Site Plan Permit, or Conditional Use Permit or Minor Use Permit, Planned Development Permit, or other County approval, and/or may establish other requirements and standards applicable to the use.

(c) Allowed Land Uses in the SD Land Use Zoning District. A special development may allow intermixing of residential, commercial and industrial uses, provided that the review authority determines that there is a specific need for the special development standards. The Special Development Land Use Zoning District may have a suffix to indicate the focus of a particular SD zone. A “RES” suffix indicates that the focus is on residential Planned Development projects. A “COM” suffix indicates that the focus is on commercial Planned Development projects. An “IND” suffix indicates that the focus is on industrial Planned Development projects. However, all can still have mixed uses within these zones.

Table 82-17
Allowed Land Uses and Permit Requirements for Industrial and Special Purpose Land Use Zoning Districts
LAND USE See Division 10 (Definitions) for land use definitions	PERMIT REQUIRED BY DISTRICT						Specific Use Regulations
	IC	IR	IN	SD-RES (1)	SD-COM (1)	SD-IND (1)	Specific Use Regulations
Agricultural, Resource & Open Space Uses
Agriculture support services	P(2)	P(2)	—	M/C	M/C	M/C
Animal keeping	—	—	—	S	—	—	84.04
Community gardens	—	—	—	A	—	—
Crop production, horticulture, orchard, vineyard	—	—	—	A	—	—
Industrial hemp cultivation - Small scale (minimum 1-acre lot size)	—	—	—	P	—	—	84.35
Industrial hemp cultivation - Large scale (minimum 5-acre lot size)	—	—	—	CUP	—	—	84.35
Natural resources development (mining)	CUP	CUP	—	CUP	CUP	CUP
Nature preserve (accessory uses)	—	—	P(2)	P(2)	P(2)	P(2)
Industry, Manufacturing & Processing, Wholesaling
Adult business	ABP	—	—	—	—	—	84.02
Construction contractor storage yard	M/C	P(2)	—	M/C	M/C(3)	M/C
Hazardous waste operation	—	CUP	—	—	—	—
Industrial hemp - Class I manufacturing (minimum 5-acre lot size)	M/C	M/C	—	M/C	M/C	M/C	84.35
Firewood contractor	P	P	—	—	—	M/C	84.09
Manufacturing operations I	P(2)	P(2)	—	CUP(4)	CUP(4)	CUP(4)
Manufacturing operations II	— (5), (6)	M/C	—	—	—	CUP(4)
Motor vehicle storage/Impound facility	M/C	M/C	—	—	—	M/C
Recycling facilities - Small collection facility	SUP	SUP	—	—	MUP	MUP	84.19
Recycling facilities - Large collection facility	CUP	CUP	—	—	CUP(3)	CUP	84.19
Recycling facilities - Light processing facility	CUP	CUP	—	—	CUP(3)	CUP	84.19
Recycling facilities - Heavy processing facility	CUP	CUP	—	—	—	CUP	84.19
Recycling facilities, reverse vending machines (accessory only)	A	A	—	A	A	A	84.19
Salvage operations - Within an enclosed structure	CUP	M/C	—	—	CUP	M/C
Salvage operations - General	—	CUP	—	—	—	—
Storage - Personal storage (mini-storage)	P(2)	P(2)	—	M/C	M/C	M/C
Storage - Recreational vehicles	M/C	M/C	—	M/C	M/C	M/C
Storage - Warehouse, indoor storage	M/C	M/C	—	—	M/C	M/C
Wholesaling and distribution	M/C	M/C	—	—	M/C	M/C
Recreation, Education & Public Assembly
Campgrounds	—	—	—	CUP	—	—
Commercial entertainment - Indoor	M/C	—	—	M/C	M/C	M/C
Conference/convention facility	—	—	—	CUP(4)	CUP(4)	CUP(4)
Equestrian facility	—	—	—	M/C	M/C	M/C
Fitness/health facility	P(2)	P(2)	—	M/C	M/C	M/C
Golf course	—	—	—	CUP(4)	CUP(4)	CUP(4)
Library, museum, art gallery, outdoor exhibit	—	—	—	M/C	M/C	M/C
Meeting facility, public or private	CUP	—	—	CUP	CUP	CUP
Park, playground	—	—	P	P	P	P
Places of worship	CUP	CUP	CUP	CUP	CUP	CUP
Rural sports and recreation	—	—	—	CUP	CUP	CUP
School - College or university	M/C	M/C	M/C	M/C	M/C	M/C
School - Private	M/C	M/C	M/C	M/C	M/C	M/C
School - Specialized education/training	M/C	M/C	M/C	M/C	M/C	M/C
Residential(14)
Accessory dwelling (labor quarters, etc.)	P(7)	P(7)	P(7)	P(7)	P(7)	P(7)	84.01
Accessory structures and uses - Residential (conforming and non-conforming uses)	P(7,8)	P(7,8)	P(7,8)	P(7)	P(7)	P(7)	84.01
Group residential (sorority, fraternity, boarding house, private residential club, etc.)	—	—	—	M/C	M/C	—
Guest housing	—	—	—	P(8)	—	—	84.01
Live/work unit	M/C	—	—	M/C	M/C	—
Mobile home park/manufactured home land-lease community	—	—	—	CUP	CUP	—
Multiple residential use	—	—	—	PD	PD	PD
Parolee and/or probationer home	—	—	—	CUP	CUP	—
Residential use with retail, service, or industrial use	—	—	—	PD	PD	PD
Accessory dwelling unit	—	—	—	A(15)	—	—	84.01
Single dwelling	—	—	—	A	—	—
Retail
Auto and vehicle sales and rental	P(2)	P(2)	—	M/C	M/C	M/C
Bar, tavern	—	—	—	M/C	M/C	M/C
Building and landscape materials sales - Indoor	P(2)	P(2)	—	M/C	M/C	M/C
Building and landscape materials sales - Outdoor	M/C	M/C	—	—	CUP	CUP
Construction and heavy equipment sales and rental	M/C	M/C	—	—	CUP	CUP
Convenience store	P(2)	P(2)	—	M/C	M/C	M/C
Fuel dealer (propane for home and farm use, etc.)	CUP	CUP	—	CUP	CUP	CUP
General retail - 10,000 sf or less, with or without residential unit	—	—	—	M/C	M/C	M/C
General retail - More than 10,000 sf, with or without residential unit	—	—	—	PD	PD	PD
Manufactured home or RV sales	M/C	M/C	—	—	M/C	M/C
Night club	—	—	—	M/C	M/C	M/C
Restaurant, café, coffee shop	P(2)	P(2)	—	M/C	M/C	M/C
Second hand stores, pawnshops	P(2)	—	—	M/C	M/C	M/C
Service station	P(2)	P(2)	—	M/C	M/C	M/C
Swap meet, outdoor market, auction yard	M/C	M/C	—	—	—	M/C
Warehouse retail	P(2)	P(2)	—	—	CUP	CUP
Services - Business, Financial, Professional
Medical services - Hospital(4)	M/C	M/C	M/C	M/C	M/C	M/C
Medical services - Rehabilitation center	M/C	M/C	M/C	M/C	M/C	M/C
Office - Accessory	P(8)	P(8)	P(8)	P(8)	P(8)	P(8)
Professional services	P(2)	—	—	M/C	M/C	M/C
Services - General
Bail bond service within 1 mile of correctional institution	P	P	P	—	P	P
Cemetery, including pet cemeteries	—	—	—	CUP	CUP	CUP	84.06
Correctional institution	—(4)	—(4)	CUP	—(4)	—(4)	—(4)
Emergency shelter	CUP	—	—	CUP	CUP	CUP	84.33
Equipment rental	P(2)	P(2)	—	—	M/C	M/C
Home occupation	SUP	SUP	SUP	SUP	SUP	SUP	84.12
Kennel or cattery	M/C	—	—	—	—	M/C	84.04
Licensed residential care facility of 6 or fewer persons	M/C	—	—	M/C	M/C	—	84.23
Licensed residential care facility of 7 or more persons	M/C	—	—	M/C	M/C	—	84.23
Lodging - Bed and breakfast inn (B&B)	—	—	—	SUP(9)	SUP(9)	—
Lodging - Hotel or motel - 20 or fewer guest rooms	—	—	—	M/C	M/C	—
Lodging - Hotel or motel - More than 20 guest rooms	—	—	—	M/C	M/C	—
Personal services	P(2)	—	—	M/C	M/C	M/C
Public safety facility	M/C	M/C	M/C	M/C	M/C	M/C
Unlicensed residential care facility of 6 or fewer persons	RCP	—	—	RCP	RCP	—	84.32
Unlicensed residential care facility of 7 or more persons	M/C	—	—	M/C	M/C	—
Vehicle services - Major repair/body work	P(2)	P(2)	—	—	M/C(10)	M/C
Vehicle services - Minor maintenance/repair	P(2)	P(2)	CUP(11 )	—	M/C(10)	M/C
Veterinary clinic, animal hospital	M/C	—	—	—	M/C	M/C
Transportation, Communications & Infrastructure
Ambulance, taxi, or limousine dispatch facility	M/C	M/C	M/C	M/C	M/C	M/C
Broadcasting antennae and towers	M/C	M/C	M/C	CUP	CUP	CUP
Parking lots, accessory	P(12)	P(12)	P(12)	P(12)	P(12)	P(12)
Broadcasting studio	M/C	M/C	M/C	CUP(4)	CUP(4)	CUP(4)
Communication contractor	M/C	M/C	M/C	M/C(10)	M/C(10)	M/C(10)
Electrical power generation	CUP	CUP	CUP	—	—	—
Parking structures	P(12)	P(12)	P(12)	M/C	M/C	M/C
Pipelines, transmission lines, and control stations(13)	(13)	(13)	(13)	(13)	(13)	(13)
Renewable energy generation facilities	CUP	CUP	CUP	—	—	—	84.29
Sewage treatment and disposal facility(6)	CUP	CUP	CUP	—	—	—
Solid waste disposal(6)	CUP	CUP	CUP	—	—	—
Transportation facility	M/C	M/C	M/C	M/C	M/C	M/C
Truck stop	M/C	M/C	—	—	—	M/C
Truck terminal	M/C	M/C	—	—	—	M/C
Utility facility	CUP	CUP	CUP	CUP	CUP	CUP
Water treatment plants and storage tanks	—	CUP	CUP	—	CUP	CUP
Wind energy system, accessory	S	S	S	S	S	S	84.26
Wireless telecommunications facility	S	S	S	S	S	S	84.27
Other
Accessory structures and uses	P	P	P	P	P	P	84.01
Temporary special events	TSP	TSP	TSP	TSP	TSP	TSP	84.25
Temporary structures and uses	TUP	TUP	TUP	TUP	TUP	TUP	84.25

Key
A	Allowed use (no planning permit required)	PD	Planned Development Permit required (Chapter 85.10)
ABP	Adult Business Regulatory Permit	TUP	Temporary Use Permit required (Chapter 85.15)
P	Permitted Use; Site Plan Permit required (Chapter 85.08)	SUP	Special Use Permit required (Chapter 85.14)
M/C	Minor Use Permit required; unless a Conditional Use Permit required in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit)	S	Permit requirement set by Specific Use Regulations (Division 4)
CUP	Conditional Use Permit required (Chapter 85.06)	TSP	Temporary Special Events Permit required (Chapter 85.16)
MU P	Minor Use Permit required (Chapter 85.06)	RCP	Unlicensed Residential Care Facilities Permit (Chapter 85.20)
		—	Use not allowed

Notes:

(1) The Special Development Land Use Zoning District may have a suffix to indicate the focus of a particular SD zone. A “RES” suffix indicates that the focus is on residential Planned Development projects. A “COM” suffix indicates that the focus is on commercial Planned Development projects. An “IND” suffix indicates that the focus is on industrial Planned Development projects. However, all can still have mixed uses within these zones.

(3) This use shall be located completely within an enclosed structure.

(4) PD Permit required if total floor area or use area exceeds 10,000 sq. ft.

(5) Concrete batch plants in the Phelan planning area may be allowed subject to a CUP.

(6) Pallet manufacturing, reconditioning, and storage yards in the unincorporated area in Fontana bounded by the I-10 on the north, Almond Ave. on the east, 660 ft. south of Santa Ana Ave. on the south, and Mulberry Ave. on the west that is zoned IC may be allowed subject to a CUP.

(7) Use allowed as an accessory use only, on the same site as a retail, service, or industrial use allowed by this table. Requires a Special Use Permit when recreational vehicles are used for seasonal operations.

(8) Use allowed as an accessory use only, on the same site as a residential use allowed by this table.

(9) A CUP shall be required for three or more rooms.

(10) This use shall be located completely within an enclosed structure with no exterior overnight storage of vehicles.

(11) When associated with an institutional use.

(12) Use allowed as an accessory use only, on the same site as a retail service, or industrial use allowed by this table.

(13) These uses are regulated and approved by the Public Utilities Commission. See alternate review procedures in § 85.02.050.

(14) Supportive housing or transitional housing that is provided in single-, two-, or multi-family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses under this Code.

(15) Use allowed as an accessory use only with standards, on the same site as a residential use allowed by this table. A Special Use Permit is required for an accessory dwelling unit used as a short-term rental in the Mountain Region.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4098, passed - -2010; Am. Ord. 4188, passed - -2012; Am. Ord. 4230, passed - -2014; Am. Ord. 4239, passed - -2014; Am. Ord. 4245, passed - -2014; Am Ord. 4251, passed - -2014; Am. Ord. 4341, passed - -2018; Am. Ord. 4383, passed - -2020; Am. Ord. 4393, passed - -2020; Am. Ord. 4444, passed - -2022)

§ 82.06.050 Industrial and Special Purpose Land Use Zoning District Subdivision Standards.

(a) Each subdivision shall comply with the minimum parcel size requirements shown in Tables 82-18A, 82-18B and 82-18C for the applicable land use zoning district.

Table 82-18A
Industrial and Special Purpose Land Use Zoning District Minimum Lot Size
Valley Region
Land Use Zoning District	Minimum Lot Area	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
IC	5 acres(1)	60 ft.	100 ft.	1:3
IR	5 acres(1)	60 ft.	100 ft.	1:3
IN	None required	60 ft.	100 ft.	1:4
SD	20 acres(2) (3) (4)	60 ft.	100 ft.	Lot of less than 10 acres - 1:3; Lot of 10 acres or more - 1:4
Notes:
(1) Minimum lot area may be less than specified if the subdivision application is filed concurrently with a Planned Development or Conditional Use Permit application.
(2) Except where modified by map suffix.
(3) A suffix may be added to a Special Development Land Use Zoning District to emphasize the focus of a specific SD zone. A “RES” suffix would indicate that the focus of the zone is on residential development while still allowing commercial uses. A “COM” suffix would indicate that the focus of the zone is on commercial development while still allowing some residential uses. An “IND” suffix would indicate that the focus of the zone is on industrial development while still allowing other mixed uses. Also, a map suffix may allow minimum lot area to be less than 5 acres (e.g., SD-5 = Special Development with a five-acre minimum lot area). A map suffix may also indicate maximum dwelling units per acre (e.g., SD-3/1 = Special Development with a maximum density of three dwelling units per acre).
(4) A Final Development Plan may approve lot sizes smaller than those specified by the land use zoning district. The combination of open spaces and concentrations of smaller lot areas shall be compatible with the land uses on surrounding properties.

Table 82-18B
Industrial and Special Purpose District Minimum Lot Size
Mountain Region
Land Use Zoning District	Minimum Lot Area	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
IC	5 acres(1)	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
IR	5 acres(1)	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
IN	None required	60 ft. for interior lot; 70 ft. for corner lot	100 ft.	1:3
SD	5 acres(2) (3) (4)	60 ft.	100 ft.	Lot of less than 10 acres - 1:3; Lot of 10 acres or more - 1:4
Notes:
(1) Minimum lot area may be less than specified if the subdivision application is filed concurrently with a Planned Development or Conditional Use Permit application.
(2) Except where modified by map suffix.
(3) A suffix may be added to a Special Development Land Use Zoning District to emphasize the focus of a specific SD zone. A “RES” suffix would indicate that the focus of the zone is on residential development while still allowing commercial uses. A “COM” suffix would indicate that the focus of the zone is on commercial development while still allowing some residential uses. An “IND” suffix would indicate that the focus of the zone is on industrial development while still allowing other mixed uses. Also, a map suffix may allow minimum lot area to be less than 5 acres (e.g., SD-5 = Special Development with a five-acre minimum lot area). A map suffix may also indicate maximum dwelling units per acre (e.g., SD-3/1 = Special Development with a maximum density of three dwelling units per acre).
(4) A Final Development Plan may approve lot sizes smaller than those specified by the land use zoning district. The combination of open spaces and concentrations of smaller lot areas shall be compatible with the land uses on surrounding properties.

Table 82-18C
Industrial and Special Purpose District Minimum Lot Size
Desert Region
Land Use Zoning District	Minimum Lot Area	Minimum Lot Dimensions
Land Use Zoning District	Minimum Lot Area	Minimum Width	Minimum Depth	Maximum Width to Depth Ratio
IC	5 acres (1)	60 ft.	100 ft.	1:3
IR	5 acres (1)	60 ft.	100 ft.	1:3
IN	None required	60 ft.	100 ft.	1:3
SD	5 acres(2) (3) (4)	60 ft.	100 ft.	Lot of less than 10 acres - 1:3; Lot of 10 acres or more - 1:4
Notes:
(1) Minimum lot area may be less than specified if the subdivision application is filed concurrently with a Planned Development or Conditional Use Permit application.
(2) Except where modified by map suffix.
(3) A suffix may be added to a Special Development Land Use Zoning District to emphasize the focus of a specific SD zone. A “RES” suffix would indicate that the focus of the zone is on residential development while still allowing commercial uses. A “COM” suffix would indicate that the focus of the zone is on commercial development while still allowing some residential uses. An “IND” suffix would indicate that the focus of the zone is on industrial development while still allowing other mixed uses. Also, a map suffix may allow minimum lot area to be less than 5 acres (e.g., SD-5 = Special Development with a five-acre minimum lot area). A map suffix may also indicate maximum dwelling units per acre (e.g., SD-3/1 = Special Development with a maximum density of three dwelling units per acre).
(4) A Final Development Plan may approve lot sizes smaller than those specified by the land use zoning district. The combination of open spaces and concentrations of smaller lot areas shall be compatible with the land uses on surrounding properties.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4098, passed - -2010)

§ 82.06.060 Industrial and Special Purpose Land Use Zoning District Site Planning and Building Standards.

(a) Site Layout and Building Standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Tables, 82-19A and B, 82-20A and B, 82-21A and B, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Division 3 (Countywide Development Standards), and Division 4 (Standards for Specific Land Uses and Activities).

Table 82-19A
IC and IR Land Use Zoning District Development Standards
Valley Region
Development Feature	Requirement by Land Use Zoning District
	IC Community Industrial	IR Regional Industrial

Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses).
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.
Side - Street side	25 ft.	25 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)
Floor area ratio (FAR)	Maximum floor area ratio (FAR) allowed.
Maximum FAR	.45:1	.55:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	85 percent	85 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	75 ft.	150 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.

Table 82-19B
IN and SD Land Use Zoning District Development Standards
Valley Region
Development Feature	Requirement by Land Use Zoning District
	IN Institutional	SD Special Development

Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)	1 unit per 40 acres(1)
		Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapters 83.05 and 83.06 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.
Side - Street side	25 ft.	25 ft.
Side - Interior (each)	10 ft.	10 ft.
Rear	10 ft.	10 ft.
Floor area ratio (FAR)	Maximum floor area ratio (FAR) allowed.
Maximum FAR	.75:1	.5:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	150 ft.	50 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Except where modified by a map suffix or when a Planned Development application has bee approved establishing a different density.

(b) Industrial Land Use Zoning District Additional Standards. Performance standards establishing acceptable levels of noise, vibration, air pollution, glare, and other possible pollutants are in Chapter 83.01 (General Performance Standards).

(1) Performance Standards. Performance standards establishing acceptable levels of noise, vibration, air pollution, glare, and other possible pollutants are in Chapter 83.01 (General Performance Standards).

(2) Alternate Standards. A Final Development Plan may establish different design standards including accessory sign standards.

(3) Development Plan Standards. Development Plan standards shall apply in lieu of conflicting standards in this Development Code. All standards established by this Development Code that do not conflict with the Development Plan standards shall apply to the project.

Table 82-20A
IC and IR Land Use Zoning District Development Standards
Mountain Region
Development Feature	Requirement by Land Use Zoning District
	IC Community Industrial	IR Regional Industrial

Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses).
Setbacks	Minimum setbacks required. See Chapters 83.05 and 83.06 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	15 ft.	15 ft.
Side - Street side	15 ft.	15 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)
Floor area ratio (FAR)	Maximum floor area ratio (FAR) allowed.
Maximum FAR	.4:1	.4:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	85 percent	85 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	45 ft.	45 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.

Table 82-20B
IN and SD Land Use Zoning District Development Standards
Mountain Region
	Requirement by Land Use Zoning District
Development Feature	IN Institutional	SD Special Development
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses).	1 unit per 40 acres(1); Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	15 ft.	15 ft.
Side - Street side	15 ft.	15 ft.
Side - Interior (each)	10 ft.	10 ft.
Rear	10 ft.	10 ft.
Floor area ratio (FAR)	Maximum floor area ratio (FAR) allowed.
Maximum FAR	.5:1	.3:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	30 ft.	35 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Except where modified by a map suffix or when a Planned Development application has bee approved establishing a different density.

(2) Alternate Standards. A Final Development Plan may establish different design standards including accessory sign standards.

Table 82-21A
IC and IR Land Use Zoning District Development Standards
Desert Region
	Requirement by Land Use Zoning District
Development Feature	IC Community Industrial	IR Regional Industrial
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.
Side - Street side	25 ft.	25 ft.
Side - Interior (each)	10 ft.(1)	10 ft.(1)
Rear	10 ft.(2)	10 ft.(2)
Floor area ratio (FAR)	Maximum floor area ratio (FAR) allowed.
Maximum FAR	.4:1	.6:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	85 percent	85 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	50 ft.(3)	75 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Only one side yard setback is required to provide for emergency access. If the adjacent lot is not designated commercial or industrial, a side yard shall be required along that side of the lot.
(2) A rear yard setback is required only when the adjacent property is not designated commercial or industrial.
(3) In the Phelan/Pinon Hills Community Plan area, the maximum height is 35 ft.

Table 82-21B
IN and SD Land Use Zoning District Development Standards
Desert Region
	Requirement by Land Use Zoning District
Development Feature	IN Institutional	SD Special Development
Density	Maximum housing density. The actual number of units allowed will be determined by the County through subdivision or planning permit approval, as applicable.
Maximum density	Accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses).	1 unit per 40 acres(1); accessory dwellings as allowed by Chapter 84.01 (Accessory Structures and Uses)
Setbacks	Minimum setbacks required. See Chapter 83.02 for exceptions, reductions, and encroachments. See Division 5 for any setback requirements applicable to specific land uses.
Front	25 ft.	25 ft.
Side - Street side	25 ft.	25 ft.
Side - Interior (each)	10 ft.	10 ft.
Rear	10 ft.	10 ft.
Floor area ratio (FAR)	Maximum floor area ratio (FAR) allowed.
Maximum FAR	.5:1	.3:1
Lot coverage	Maximum percentage of the total lot area that may be covered by structures and impervious surfaces.
Maximum coverage	80 percent	80 percent
Height limit	Maximum allowed height of structures. See § 83.02.040 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.
Maximum height	50 ft.	35 ft.
Accessory structures	See Chapter 84.01 (Accessory Structures and Uses).
Infrastructure	See Chapter 83.09 (Infrastructure Improvement Standards).
Landscaping	See Chapter 83.10 (Landscaping Standards).
Parking	See Chapter 83.11 (Parking Regulations).
Signs	See Chapter 83.13 (Sign Regulations).
Notes:
(1) Except where modified by a map suffix or when a Planned Development application has bee approved establishing a different density.

(2) Alternate Standards. A Final Development Plan may establish different design standards including accessory sign standards.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008)

§ 82.06.070 Adopted Planned Development Applications.

Whenever a Planned Development application is processed and adopted by the Board of Supervisors, a General Plan Amendment will be processed and adopted concurrently. The General Plan Amendment will indicate that there has been some type of change to the development standards or allowed uses within the area included within the boundaries of the Planned Development application. This General Plan Amendment will be annotated on the Land Use Zoning District Maps as a suffix to the Special Development District. The suffix will include the letters “PD” and the year of adoption and the sequence number of the specific Planned Development application that had been approved for that specific year [e.g. (PD-2006-01)].

(Ord. 4011, passed - -2007)

§ 82.07.010 Purpose.

The Additional Agriculture (AA) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is intended to create, preserve, and improve areas for small-scale and medium-scale agricultural uses utilizing productive agricultural lands for raising, some processing, and the sale of plant crops, animals, or their primary products. It is an overlay where agricultural uses exist compatibly with a variety of rural residential lifestyles.

(Ord. 4011, passed - -2007)

§ 82.07.020 Location Requirements.

The AA Overlay may be applied where it will serve to protect and enhance an area that is a neighborhood or community substantially occupied by rural-type single dwellings on large parcels, and predominantly used for small-scale commercial agricultural activities.

(Ord. 4011, passed - -2007)

§ 82.07.030 Development Standards.

This Chapter establishes regulations to allow animal keeping as a primary use of land. All animal keeping land uses shall comply with public health laws regarding proper care and the maximum number of animals.

(Ord. 4011, passed - -2007)

§ 82.07.040 Land Use Limitations.

(a) Allowed Additional Animals. The additional animal types listed in Table 82-22 (Animals Allowed in AA [Additional Agricultural] Overlay) shall be allowed in the AA Overlay in order to meet the agricultural needs of the community or region.

Table 82-22
Animals Allowed in AA (Additional Agricultural) Overlay
Animal Type	Minimum Lot Area	Maximum Allowed Animal Density
Dogs and cats	As per Table 84-2 in Chapter 84.04	As per Table 84-5 in Chapter 84.04
Other small non-farm animals	1/2 acre	6 animals per parcel
Fish raising (maximum pond size)	1/2 acre	1/2-acre surface area
Aviary, apiary, or similar small animal farms	1 acre	1 farm per parcel
Rabbits and chinchillas	1 acre	50 per each 10,000 sq. ft., 200 animals maximum
Poultry - Female	1 acre	99 animals maximum
	5 acres	99 animals per each 5 acres
Poultry - Male (roosters, drakes, ganders, etc.)	1 acre	2 per genus per parcel
	10 acres	2 per genus per each 5 acres
Sheep, female goats, and similar small livestock	1/2-acre	1 animal per each 4,000 sq. ft.
	2-1/2 acres	1 animal per each 3,000 sq. ft.
Male adult goats	1 acre	1 per parcel
	5 acres	1 per each 5 acres, 4 animals maximum
Cattle	1 acre	1 per each 10,000 sq. ft.
	2-1/2 acres	1 per each 7,000 sq. ft.
Horses	1/2-acre	1 per each 10,000 sq. ft.
	2-1/2 acres	1 per each 7,000 sq. ft.
Hogs (9 maximum)	1 acre	1 per each 20,000 sq. ft.
	2-1/2 acres	1 per each 14,000 sq. ft.

(b) Parcel Area for Qualifying Number or Density of Animal Type. Parcel area used to qualify one animal type shall not be reused to qualify another animal type.

(c) Additional Animals Allowed with Conditional Use Permit. The following animal-keeping uses shall be allowed with Conditional Use Permit approval.

(1) Commercial kennels and catteries, with a minimum site area of one acre.

(2) Agricultural support services.

(3) Animal keeping at densities greater than, or the keeping of animal types different than, those allowed by this Section. Commercial poultry ranches are restricted to a minimum of ten acres.

(4) Cow and goat dairies, with a minimum site area of ten acres.

(5) Hog ranches and calf growing ranches, with a minimum site area of five acres.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009)

§ 82.08.010 Purpose.

(a) The Agricultural Preserve (AP) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) identifies properties within an established agricultural preserve. The properties may be subject to a Land Conservation Contract executed between the landowner and the Board. These agreements offer tax advantages to the landowner and include an enumerated list of the allowed uses for the commercial production of plant and animal products that have been found to be compatible with agriculture.

(b) Because the preservation of agricultural land uses is essential to the economic well-being of the County, the Agricultural Preserve (AP) Overlay is intended to protect vital agricultural uses by limiting allowed land uses to those that are compatible and supportive of agriculture and related uses and/or agricultural by-products.

(Ord. 4011, passed - -2007)

§ 82.08.020 Location Requirements.

(a) The AP Overlay shall be applied to properties within an Agricultural Preserve as defined in the California Land Conservation Act of 1965 (Williamson Act), Government Code §§ 51200 et seq., and as designated upon the General Plan land use maps.

(b) The AP Overlay may be applied only to properties designated in the Resource Conservation (RC), Agriculture (AG), Rural Living (RL), and Floodway (FW) zoning districts.

(Ord. 4011, passed - -2007)

§ 82.08.030 Development Standards.

Development and new land uses proposed within the AP Overlay shall comply with the development standards of the applicable primary zoning district.

(Ord. 4011, passed - -2007)

§ 82.08.040 Land Use Limitations.

The rezoning of property to apply the AP Overlay shall comply with all applicable requirements of Government Code §§ 51200 et seq. Land and land uses proposed within an agricultural preserve must be an agricultural use or be compatible with agricultural uses.

(a) Compatible Uses. The following land use types have been determined to be compatible:

(1) Agricultural use, described as any use of land for the purpose of producing an agricultural commodity, consisting of any and all plant and animal products for commercial purposes, provided the use is permitted by the primary zoning district and not prohibited by other law or ordinance.

(2) A stand for display and sale of agricultural commodities produced on the premises or other premises within the preserve.

(3) Gas, electric, water, communication utility facilities, and similar public service facilities, operated by a public agency or mutual water company.

(4) Public highways.

(5) Fire protection facilities.

(6) Flood control works, including channel rectification and alteration.

(7) Public works required for fish and wildlife enhancement and preservation.

(8) Improvements for the primary benefit of the land within the preserve.

(9) State improvements described in Government Code § 51293(d).

(10) Single dwellings only for the use of an owner or manager of land within the agricultural preserve, or a person employed on the land, if the use is permitted by the applicable primary zoning district, but not exceeding three dwellings for each parcel of not less than ten acres.

(11) Farm labor camps, including temporary trailer housing, subject to all applicable requirements of this Development Code and all other applicable laws.

(12) Drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced.

(13) A legal use existing on the date the land is included within an agricultural preserve, but any use since discontinued for two years shall not be resumed unless permitted under these rules.

(14) A use required to be permitted by an amendment to the California Land Conservation Act of 1965 hereafter adopted.

(15) “Open space uses” as defined in Government Code § 51201.

(16) Religious facilities. Total square footage of all structures on site shall not exceed 12,000 square feet. Minimum parcel size shall be ten acres, unless the parcel was created before January 1, 1991, in which case the minimum parcel size shall be five acres.

(17) Agriculturally oriented schools with an approved Conditional Use Permit, subject to provisions adopted by the Board of Supervisors on November 3, 1980 regarding compatibility within an Agricultural Preserve.

(18) Resource Recovery Systems designed for the use of animal or plant products or waste for no less than 75 percent of their fuel or material source (percent measured as British Thermal Unit heat content for energy generation or percent of volume of materials consumed for agricultural products averaged over the current year of operation) for the production of a commodity for the primary benefit of the agricultural community or for the generation of electricity, unless prohibited by other law or ordinance.

(A) Any temporary or permanent use of more than 25 percent non-animal or plant products or waste (percent measured as described above) by an approved project is subject to Commission approval and their finding that an adequate animal or plant product or waste supply is not available to maintain the approved design output capacity of the project due to interruptions of delivery or elimination of the source beyond the feasible control of the applicant.

(B) Commission approval to exceed 25 percent non-animal or plant product or waste shall apply only as long as an adequate animal or plant product or waste supply is not available and subject to prohibition by other law or ordinance. Sludge materials shall not be permitted as an alternative source.

(19) Recreational uses as defined by Government Code § 51201(e) and (n), subject to Conditional Use Permit.

(b) Additional Uses. Any use determined by the Board to be a compatible use in all agricultural preserves, after a public hearing with ten days published notice and other notice as may be required. Thereafter, the use shall be deemed compatible in any agricultural preserve, provided that it is not inconsistent with uses listed in Subdivision (a) above.

(Ord. 4011, passed - -2007)

§ 82.09.010 Purpose.

The Airport Safety (AR) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created to provide greater safety to aviators and the general public by establishing requirements for land use compatibility reviews within designated areas in close proximity to a public use airport or heliport.

(Ord. 4011, passed - -2007)

§ 82.09.020 Location Requirements.

Airport Safety (AR) Overlay boundaries are designated on the Land Use Plan by the symbols AR1, AR2, AR3, and AR4, as defined in § 82.09.030 (Airport Safety Review Areas), in the:

(a) Area within an adopted Airport Comprehensive Land Use Plan for a public use airport;

(b) Unincorporated areas of an adopted Airport Comprehensive Land Use Plan for a public use airport within an incorporated city; and

(Ord. 4011, passed - -2007)

§ 82.09.030 Airport Safety Review Areas.

For the purposes of this Chapter, the following Airport Safety Review Areas are established.

(a) Airport Safety Review Area 1 (AR1). AR1 includes the areas at either end of a runway, outside the airport boundaries, that correspond with the FAA Runway Protection Zone (per FAR Part 152) for each runway end. AR1 also includes any area identified by an Interim Airport Land Use Plan as a crash hazard zone, or as a touchdown pad and peripheral area for a heliport.

(b) Airport Safety Review Area 2 (AR2). AR2 includes the areas within the adopted 65 CNEL (Community Noise Equivalency Level) or Ldn (Day-Night Average Sound Level) noise contours.

(1) Public Use Airport with Adopted Noise Contours. For a public use airport with adopted noise contours, AR3 includes the area within one mile outside the 65 Ldn noise contour, encompassing the boundaries prescribed in FAR Part 77 that depict imaginary surfaces for “objects affecting navigable airspace,” as applicable to the specific FAA-approved Airport Layout and Approach Plan. The imaginary surfaces are as follows.

(A) Approach Surface. Extending outward and upward from the end of the primary runway surface along a slope of 20 to one and extending for a horizontal distance of 5,000 feet. (Slope and distances increase depending on precise approach existing or planned for the particular runway.)

(B) Horizontal Surface. A horizontal plane 150 feet above the established airport elevation. The perimeter is constructed by swinging arcs of 5,000 feet (10,000 feet for runways other than utility or visual) radii from the center of each of the primary runway surfaces (i.e., beginning points of Safety Review Area I) and connecting the adjacent arcs by lines tangent to the arcs.

(C) Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one (20:1) for a horizontal distance of 4,000 feet. (Distances increase for military airports.)

(2) Public Use Airport Without Adopted Noise Contours. For a public use airport without adopted noise contours (e.g. 65 Ldn), AR3 includes the area within one mile of the outer boundaries of the airport ownership.

(3) Heliports. The area outside the 65 Ldn noise contour for a heliport but within one-half mile of the line.

(d) Airport Safety Review Area 4 (AR4). AR4 includes the low-altitude/high speed corridors designated for military aircraft use.

(Ord. 4011, passed - -2007)

§ 82.09.040 Applicable Airport Comprehensive Land Use Plans.

This Section lists the Airport Comprehensive Land Use Plans with which development in compliance with this Chapter shall be consistent.

(a) Plans Adopted by County. Airport Comprehensive Land Use Plans have been established by the County for the following airports:

(1) Baker;

(2) Barstow - Daggett;

(3) Big Bear City;

(4) Roy Williams Airport (Hi-Desert) (Joshua Tree);

(5) Sun Hill Ranch (near Helendale); and

(6) Twentynine Palms.

(b) Plans Adopted by Other Jurisdictions. The following Airport Comprehensive Land Use Plans have been established by other jurisdictions but have impact on unincorporated areas and have been recognized by the Board by resolution.

(1) Apple Valley Airport.

(2) Cable Airport (Upland).

(3) Chino Airport.

(4) Hesperia Airport.

(5) Needles Airport.

(6) LA/Ontario International Airport.

(7) Redlands Airport.

(8) Rialto Airport.

(9) San Bernardino International Airport.

(10) Southern California Logistics Airport (Victorville).

(Ord. 4011, passed - -2007)

§ 82.09.050 Review Procedures.

(a) Public Hearing. In addition to all other requirements of this Development Code that require a public hearing before a decision on a land use application, public hearing review is also required when a proposed use is inconsistent with the Comprehensive Land Use Compatibility criteria of the applicable Airport Comprehensive Land Use Plan.

(b) Required Findings. The approval of a land use application for a proposed expansion, revision, or establishment of airport or heliport facilities within an Airport Safety Review Area shall require that the review authority first find that the proposal is consistent with the General Plan, and the findings, development standards and review procedures of this Chapter.

(c) Land Use Approval. Land use approval for any project found to be inconsistent with an adopted Airport Comprehensive Land Use Plan shall be reviewed and acted upon by the Board in the form of a minute order or resolution, in compliance with Public Utilities Code § 21661.5, and the State Department of Transportation shall be provided a copy of the minute order or resolution.

(d) Conditions of Approval. Any requirements resulting from project review in compliance with this Section shall be incorporated into the project design and conditions of approval.

(Ord. 4011, passed - -2007)

§ 82.09.060 Development Standards.

The following standards and criteria shall apply to each development or land use proposed within an AR Overlay or an Airport Safety Review Area, in addition to any standards required by the applicable Airport Comprehensive Land Use Plan.

(a) Allowed Land Uses. Each proposed uses shall be consistent with the General Plan, any applicable Airport Land Use Plan, and this Section; provided that no permanent structure or use shall be allowed within Airport Safety Review Area 1.

(b) Height Limits. Proposed structures and the normal mature height of any vegetation shall not exceed the height limitations established in Federal Aviation Regulations (FAR) Part 77, unless Form 7460-1 (Notice of Proposed Construction or Alteration) has been filed with and approved by the FAA before the issuance of a Building Permit. All mitigation measures recommended by the FAA shall be incorporated into the project conditions of approval. Existing topographic elevations, as compared to the elevation of the centerline of the runway, shall be considered in determining the permitted height of an affected structure. For heliports, structures and the normal mature height of any vegetation adjacent to the helipad shall not exceed the height limitations provided by the requirements of Federal Aviation Regulations (FAR) Part 77 for heliports.

(c) Interference with Aircraft Operations. The proposed use or structure shall not reflect glare, emit electronic interference, produce smoke, or store or dispense hazardous materials in such a manner that would endanger aircraft operations or public safety in the event of an aircraft accident. For heliports, uses or structures adjacent to the helipad shall not reflect glare, emit electronic interference, produce smoke, or store or dispense hazardous materials in such a manner that would endanger aircraft operations or public safety in the event of an aircraft accident.

(d) Federal and State Requirements. Each airport and heliport shall be constructed in compliance with FAA requirements and the requirements of applicable State law.

(e) Noise Standards. Noise level reduction shall be designed and constructed in all structures to maintain maximum interior noise level of 45 dba for residential uses, and 55 dba for commercial and industrial uses.

(f) Easements. An Avigation Easement shall be granted to the appropriate airport and recorded before the issuance of a building permit for those uses established within an AR1, AR2, or AR3. A copy of the easement shall be forwarded to the County and the affected airport. Also an Avigation Easement shall be granted to the appropriate military agency and recorded before the issuance of a building permit for those uses established within an AR4.

(g) Notifications by Property Owner. The property owner shall provide to all renters, lessees or buyers information that the site is subject to aircraft overflight from the applicable airport, is subject to the potential noise problems associated with aircraft operations, and is subject to an Avigation Easement. The information shall be provided before completion of the rental, lease or sale, and shall be incorporated into the CC&Rs recorded with the property and in all lease and rental agreements.

(Ord. 4011, passed - -2007)

§ 82.10.010 Purpose.

The Alternate Housing (AH) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is intended to provide an alternative to the residential standards otherwise required by this Development Code.

(Ord. 4011, passed - -2007)

§ 82.10.020 Location Requirements.

The AH Overlay may be applied to any site within a rural area of the County with a primary land use zoning district that allows single dwellings, and that is a minimum of 40 acres.

(Ord. 4011, passed - -2007)

§ 82.10.030 Development Standards.

A single dwelling installed within an AH Overlay shall comply with the construction standards specified by § 84.21.030(a), (b), (c), (d), (i) and (j) (Single-Family Residential Dwellings) and the following standards:

(a) Minimum floor area shall be 725 square feet measured from the exterior of the structure.

(b) Minimum floor width shall be 14 feet, measured from the exterior of the structure.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008)

§ 82.11.010 Purpose.

The Biotic Resources (BR) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) implements General Plan policies regarding the protection and conservation of beneficial rare and endangered plants and animal resources and their habitats, which have been identified within unincorporated areas of the County.

(Ord. 4011, passed - -2007)

§ 82.11.020 Location Requirements.

The BR Overlay shall be applied to areas that have been identified by a County, State or Federal agency as habitat for species of unique, rare, threatened or endangered plants or animals or their habitats as listed in the General Plan. The overlay applies to policy areas on the Open Space Overlay.

(Ord. 4011, passed - -2007)

§ 82.11.030 Application Requirements.

When a land use is proposed, or an existing land use is increased by more than 25 percent of disturbed area within a BR Overlay, the land use application shall include a biotic resources report prepared as follows, except where the Director finds that prior environmental studies approved by the County have determined that the site does not contain viable habitat.

(a) Report Content. The biotic resources report shall identify all biotic resources located on the site and those on adjacent parcels that could be impacted by the proposed development, and shall also identify mitigation measures designed to reduce or eliminate impacts to the identified resources, and shall be submitted along with the application for the proposed development.

(b) Report Preparation. The biotic resources report shall be prepared by an appropriate expert such as a qualified biologist, botanist, herpetologist, or other professional “life scientist.” See § 82.11.050 for qualification requirements.

(Ord. 4011, passed - -2007)

§ 82.11.040 Conditions of Approval.

The conditions of approval of any land use application approved within the BR Overlay shall incorporate the mitigation measures identified in the report required by § 82.11.030 (Application Requirements), to protect and preserve the habitats of the identified plants and/or animals.

(Ord. 4011, passed - -2007)

§ 82.11.050 Professional Qualifications.

Qualified professional biologists, botanists, herpetologists, or other professional “life scientists” that are employed to conduct field surveys shall meet the following criteria to qualify to perform work within the County jurisdiction:

(a) Education. Individuals must possess a bachelor’s degree or graduate degree from an accredited college or university in biology, ecology, wildlife biology, herpetology, zoology, or related fields.

(b) Professional Experience.

(1) Have demonstrated prior field experience using accepted resource agency techniques in survey methods, i.e., conducting field surveys for at least three years.

(2) Have taxonomic experience and knowledge of the species of concern in the project locale, i.e., knowledge of plant taxonomy and plant community ecology and classification as well as having familiarity with the plants of the area, including special status and locally important plants.

(3) Have familiarity with State and Federal laws and agency policies and regulation, which pertain to environmental quality, i.e., having familiarity with the appropriate State and Federal statutes related to plants and plant collecting.

(4) Have a demonstrated ability to prepare detailed technical reports, i.e., experience with analyzing impacts of a project on native plants and communities.

(5) Have familiarity with the endemic flora and fauna of Southern California.

(c) Permits. Individuals with relevant State or Federal wildlife agency permits issued by the California Department of Fish and Game and the U.S. Fish and Wildlife Service have demonstrated expertise in the identification and handling of specific species and their habitats. Current permits shall be included with the application to be considered a qualifying biologist within a permitted biological or natural resource discipline.

(Ord. 4011, passed - -2007)

§ 82.12.010 Purpose.

The Cultural Resources Preservation (CP) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is intended to provide for the identification and preservation of important archaeological and historical resources. This is necessary because:

(a) Many of the resources are unique and non-renewable; and

(b) The preservation of cultural resources provides a greater knowledge of County history, thus promoting County identity and conserving historic and scientific amenities for the benefit of future generations.

(Ord. 4011, passed - -2007)

§ 82.12.020 Location Requirements.

The CP Overlay may be applied to areas where archaeological and historic sites that warrant preservation are known or are likely to be present. Specific identification of known cultural resources is indicated by listing in one or more of the following inventories:

(a) California Archaeological Inventory;

(b) California Historic Resources Inventory;

(d) California Points of Historic Interest; and/or

(e) National Register of Historic Places.

(Ord. 4011, passed - -2007)

§ 82.12.030 Application Requirements.

The application for a project proposed within the CP Overlay shall include a report prepared by a qualified professional that determines through appropriate investigation the presence or absence of archaeological and/or historical resources on the project site and within the project area, and recommends appropriate data recovery or protection measures. The measures may include:

(a) Site recordation;

(b) Mapping and surface collection of artifacts, with appropriate analysis and curation;

(d) Preservation in an open space easement and/or dedication to an appropriate institution with provision for any necessary maintenance and protection; and/or

(e) Proper curation of archeological and historical resource data and artifacts collected within a project area pursuant to federal repository standards. Such data and artifacts shall be curated at San Bernardino County Museum. Pursuant to State Historical Resources Commission motion dated February 2, 1992, the repository selected should consider 36 C.F.R. 79, Curation of Federally-owned and Administered Archaeological Collection, Final Rule, as published Federal Register, September 12, 1990, or a later amended for archival collection standards.

(Ord. 4011, passed - -2007)

§ 82.12.040 Development Standards.

(a) The proposed project shall incorporate all measures recommended in the report required by § 82.12.030 (Application Requirements).

(b) Archaeological and historical resources determined by qualified professionals to be extremely important should be preserved as open space or dedicated to a public institution when possible.

(Ord. 4011, passed - -2007)

§ 82.12.050 Native American Monitor.

If Native American cultural resources are discovered during grading or excavation of a development site of the site is within a high sensitivity Cultural Resources Preservation Overlay District, the local tribe will be notified. If requested by the tribe, a Native American Monitor shall be required during such grading or excavation to ensure all artifacts are properly protected and/or recovered.

(Ord. 4011, passed - -2007)

§ 82.13.010 Purpose.

The Fire Safety (FS) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created to provide greater public safety in areas prone to wildland brush fires, by establishing additional development standards for these areas.

(Ord. 4011, passed - -2007; Am. Ord. 4334, passed - -2017)

§ 82.13.020 Location Requirements.

The FS Overlay shall be mapped on the General Plan Hazards Maps with the boundaries derived from these Fire Authorities: California Department of Fire and Rescue (Cal Fire), U.S. Forest Service, and the San Bernardino County Fire Protection District (County Fire).

(Ord. 4011, passed - -2007; Am. Ord. 4334, passed - -2017)

§ 82.13.030 Fire Safety Overlay Area.

The FS Overlay corresponds to distinct geographic areas and the associated wildland fire hazard. The requirements applicable to the fire safety area are found in § 82.13.050 (General Development Standards).

The FS Overlay includes areas within the mountains, valley foothills, and desert region designated by the applicable Fire Authority as wildfire risk areas. It includes all the land generally characterized by areas varying from relatively flat to steep sloping terrain and with moderate to heavy fuel loading contributing to high fire hazard conditions. Present and future development within the FS Overlay is exposed to the impacts of wildland fires and other natural hazards primarily due to native fuel types, topography, and prevailing weather conditions such as Santa Ana winds. These factors contribute to the potential of extreme wildland fire behavior conditions.

(Ord. 4011, passed - -2007; Am. Ord. 4334, passed - -2017)

§ 82.13.040 Application Requirements.

(a) Notice of Planning Application or Building Permit. A notice of each planning application and/or building and safety building permit, that would lead to the construction of one or more structures or the subdivision of land within the FS Overlay shall be sent to the responsible Fire Authority for comment.

(b) Review Authorities. Each proposed land use application that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible Fire Authority and the appropriate Natural Resources Conservation Service Office of the United States Department of Agriculture for review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into project conditions of approval where possible.

(c) Fuel Modification Plan. Each project application shall include a fuel modification plan describing the fuel modification area required in § 82.13.050(l) below. The plan may be submitted as a preliminary and final plan. A preliminary and/or final plan shall be submitted concurrently with the development application to the Department of Land Use Services for review in conjunction with the project design review. Final plans shall be reviewed and approved by the responsible Fire Authority. The fuel modification plan shall address the standards in § 82.13.050(l) below, and the following factors:

(1) The natural ungraded slope of the land within the project and in the areas adjacent to the project;

(2) Fuel loading;

(3) Access to the project and access directly to the fuel-modified area;

(4) The on-site availability of water that can be used for fire-fighting purposes;

(5) The continual maintenance of the fuel-modified areas;

(6) The soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion; and

(7) A list of recommended landscape plant materials that are fire resistant.

(d) Subdivisions. When 25 percent or more of a subdivision project site involving five or more lots is located on natural slopes greater than 30 percent, the subdivision application shall be submitted concurrently with a planned development application to evaluate appropriate project design in consideration of topographic limitations of the site. This provision shall not apply if all of the areas on the site with natural ungraded slopes over 30 percent are permanently restricted from structural development. Each subdivision application shall include the following slope analysis information:

(1) A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than one-inch to 200 feet. The contour interval shall not be more than two feet except that the contour interval may be five feet if the general natural ungraded slope is more than 10 percent. Contour lines shall be obtained by aerial or field survey, done under the supervision of a licensed land surveyor or registered engineer.

(2) The natural, ungraded, slope categories to be computed are: zero percent to less than 15 percent; 15 percent to less than 30 percent; 30 percent to less than 40 percent; and 40 percent and greater. The minimum area (polygon) used for slope calculation shall be 5,000 square feet.

(3) The area, in acres, shall be tabulated for each category.

(Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4334, passed - -2017)

§ 82.13.050 General Development Standards.

Each proposed development shall comply with all applicable requirements of this Chapter, as follows.

(a) All Phases. The requirements of this Chapter shall apply to all phases of a development project.

(b) Fire Authority Standards. All proposed development shall comply with applicable standards required by the responsible Fire Authority. This shall include the standards and provisions of the California Building Code (CBC) Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) and California Residential Code (CRC) Chapter 327, which are included in this Code by reference.

(c) Applicability of Land Use Zoning District Standards and Overlay Standards. The development standards established by a land use zoning district and any applicable overlay shall apply, except as modified by this chapter.

(d) Additions, Alterations, Enlargements, or Reconstructions. Any addition, alteration, enlargement or reconstruction of a structure shall comply with the provisions of this Chapter. When an addition, alteration, enlargement, or reconstruction of a structure equals or exceeds 50 percent of the existing structure, or 25 percent of the roof for roofing requirements only, the provisions of § 82.13.050(h) (Perimeter access to fuel-modified and fire hazard areas), and § 82.13.050(p) (Building construction requirements), shall apply to the entire structure and/or the whole roof as applicable. The structures and/or roofs shall be entirely retrofitted to comply with the requirements of this Chapter.

(e) Residential Slope Density. In order to reduce fire hazards, prevent erosion, and to preserve the existing vegetation and visual quality, the density of development for any tentative parcel map or tentative tract map in hillside areas shall be in compliance with the following criteria:

(1) One to four dwelling units per gross acre on slopes of zero to less than 15 percent;

(2) Two dwelling units per gross acre on slopes of 15 to less than 30 percent;

(3) One dwelling unit per three gross acres on slopes of greater than 30 to less than 40 percent gradient;

(4) One dwelling unit per ten gross acres on slopes of 40 percent or greater gradient;

(5) In the Rancho Cucamonga Sphere of Influence, zero density is allowed for any portion of a proposed tentative parcel map or tentative tract map on slopes of greater than 30 percent gradient.

(f) Site and Emergency Access. Each development project and each development project phase, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to County road standards, with a minimum width of 26 feet of all-weather surface as defined in the California Fire Code, from existing and surrounding streets. The Land Use Services Department may authorize one point of vehicular access to be an emergency access route with an all-weather surface if the Land Use Services Department first makes each of the following findings:

(1) Two points of nonemergency access are physically infeasible;

(2) Provisions have been made to reasonably ensure that the emergency access will be maintained; and

(3) Based on the review and consideration of the responsible Fire Authority’s recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.

(g) Private Driveways or Access Roadways. Private driveways or access roadways for residential units shall not exceed 150 feet in length, unless approved by the responsible Fire Authority in compliance with the California Fire Code.

(h) Perimeter Access to Fuel-modified and Fire Hazard Areas. Fire fighting vehicles shall have adequate access into areas between fire hazardous areas or fuel-modified areas and the development perimeter, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. Each development project shall provide adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel-modified area, or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of approval for the development project for the continual maintenance of the areas intended to provide the access. Perimeter access shall be provided, through either of the following measures or through alternate measures in compliance with § 82.13.090 (Alternate Hazard Protection Measures).

(1) The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel-modified area, and which is accessible to fire-fighting equipment. The road shall be capable of supporting fire-fighting equipment, shall be at least 20 feet in width, and shall not exceed a grade of 14 percent. The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained, if it is not within the publicly maintained road system.

(2) Development projects shall provide access ways, at least 12 feet in width, with a grade not to exceed 14 percent, and capable of supporting fire fighting vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of 350 feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.

(i) Length of Cul-de-sacs. Cul-de-sacs shall not exceed 350 feet in length, except that they may be extended as allowed by this Subdivision.

(1) Exception for Parcels of Less than Five Acres. A cul-de-sac may exceed 350 feet in length but shall not exceed 600 feet in length, if parcels that take access from the cul-de-sac are less than five acres, and:

(A) Alternate measures are utilized in compliance with § 82.13.090 (Alternate Hazard Protection Measures); or

(B) Based upon consideration of the recommendation of the responsible Fire Authority, the Land Use Services Department determines that the cul-de-sac is situated and designed so that each parcel taking access from it is not contiguous to or exposed to either undeveloped fuel modified areas along the development perimeter of the project or to fire hazard areas, and that the extension of the cul-de-sac will not increase the exposure of buildings to wildland fires.

(2) Exception for Parcels Larger than Five Acres. A cul-de-sac may exceed 600 feet in length if all parcels that take access from the cul-de-sac are five acres or greater in area and:

(A) The proposed cul-de-sac is not within or adjacent to areas that are zoned for or subdivided to parcels of five acres or less.

(B) Alternate measures are utilized in compliance with § 82.13.090 (Alternate Hazard Protection Measures).

(3) Alternate Measures. In compliance with § 82.13.090 (Alternate Hazard Protection Measures) and dependent upon site-specific conditions, one of the following measures or combination of measures may be used to mitigate the effect of creating cul-de-sacs up to 600 feet in length with parcels less than five acres in area:

(A) Limitation of the total number of dwelling units with access to the cul-de-sac to no more than 15, and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. These restrictions shall be imposed through conditions of approval of the development project.

(B) A continuous perimeter access road at least 20 feet in width is provided along the portion of the cul-de-sac exposed to fire hazard or fuel-modified areas such that it is drivable under normal conditions by fire fighting vehicles, provides adequate maneuvering space for the vehicles, and is designed so that at least one point of access to the perimeter access road is taken from roads other than the subject cul-de-sac.

(C) The cul-de-sac road will have a paved width of at least 40 feet with posted no parking for its entire length, and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on-site or off-site.

(D) Other alternate measures approved by the department in compliance with § 82.13.090 (Alternate Hazard Protection Measures).

(j) Fences.

(1) Where wood or vinyl fencing is used, there shall be a minimum five-foot separation between the wood or vinyl fencing and the wall of the nearest structure except on those properties where previous construction occurred in compliance with a previous Code. Fencing within the five-foot separation area shall be of noncombustible material or modified one-hour fire-resistance-rated construction.

(2) Fences or walls required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the California Building Code. All other fences, including those on the interior of a development project, are not subject to this requirement, except as required in § 82.13.040(j)(1), above.

(3) Where side and rear yards are enclosed by fencing, gates shall be provided on both side yards for emergency access to the rear yard.

(k) Access to Water Supplies. There shall be vehicular access, at least 12 feet in width, to within at least ten feet of each static water source, including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two-and-one-half-inch National Hose Thread Fitting, or directly to the source. This requirement shall be waived if the responsible Fire Authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.

(l) Fuel Modification Areas.

(1) A permanent fuel modification area shall be required around a development project or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. In no case shall this area be less than 100 feet in width as measured from the development perimeter. Where feasible, the area shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be determined based on a fuel modification plan filed in compliance with § 82.13.040(c) (Application Requirements—Fuel Modification Plans), above.

(2) When a development project is phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible Fire Authority in conjunction with the County Fire Marshal and shall be based upon the same considerations described in Subdivision (l)(1), for permanent fuel modification areas and the factors addressed in the required fuel modification plan.

(m) Separation/Setback Requirements. Each proposed structure shall comply with the following separation/setback requirements as applicable, in addition to the setbacks required by the applicable primary land use zoning district, and the building separation requirements in Subdivision (o) (Building Separation Standards) below.

(1) Fuel Tanks. Fuel tanks (e.g., liquefied petroleum gas tanks) shall be located at least ten feet away from any structure and shall be in compliance with the standards in the California Fire Code, § 83.02.080 (Allowed Projections Structures within Setbacks), and § 83.01.060 (Fire Hazards). The tanks shall be secured to the ground.

(2) National Forest Boundary. Each structure on a lot one acre or greater in size, that abuts a boundary of the San Bernardino National Forest, shall be set back at least 30 feet from the property line or boundary of the National Forest per the requirements of Title 14 of the California Code of Regulations, § 1276.01, and Public Resources Code § 4290. Each structure on a lot which is less than one acre in size, that abuts a boundary of the San Bernardino National Forest, shall adhere to the setback requirements established by the land use zoning district.

(3) Sloping Site Setbacks or Fuel Modification. Each structure proposed upslope, in an area with slopes exceeding 30 percent before grading and greater than 30 feet in height, shall comply with the following requirements:

(A) For existing parcels, the vegetation on the slopes shall be treated in a manner so that it becomes a fuel-modified area. The fuel-modified area shall be maintained for either the entire slope, or 100 feet from the structure, or to the property line, whichever distance is less. For newly created parcels, the vegetation shall be maintained as outlined above, or prescribed by a fuel modification plan.

(B) Where grading is utilized or proposed, that does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes that are greater than 30 percent in gradient and greater than 30 feet in height, each structure proposed upslope from the toe of the slope, shall be set back at least 30 feet from the edge of the slope.

(n) Decks. Cantilevered or standard type decks shall be composed of noncombustible or ignition-resistant materials, as defined and in accordance with the California Building Code Chapter 7A or the California Residential Code § 327, as approved by the responsible Fire Authority.

(o) Building Separation Standards. The intent of the following exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.

(1) Residential structures shall have interior side yard setbacks of 20 percent of the lot width, provided that these interior side yards shall not be less than five feet and need not exceed 15 feet. In no case shall exterior wall separations be less than ten feet for all buildings, including those on adjoining parcels. Eaves shall be permitted to project into the required setback no more than two feet. No other projections shall be allowed less than five feet to side or rear property lines.

(2) In compliance with § 82.13.090 (Alternate Hazard Protection Measures), and dependent upon site-specific conditions, the following measures or combinations of measures may be substituted for the exterior wall separation requirements for all structures in the FS Overlay area:

(A) The expansion of fuel-modified areas around the perimeter of the development project beyond that required by this Section or other requirement of the County Code.

(B) A substantial transfer of density from steeper slopes, including areas with slopes less than 30 percent if they exist on-site, to less steep areas within the development project.

(D) Other alternate measures if approved by the fire authority in compliance with § 82.13.090 (Alternate Hazard Protection Measures).

(p) Building Construction Requirements.

(1) Fascia. Fascia shall be two inches nominal solid wood or stucco or equivalent protection.

(2) Exterior Glazing. Exterior glazing shall comply with the provisions of the California Building Code and with the following additional requirements:

(A) Vinyl window frame assemblies shall be prohibited, except when they have all of the following characteristics:

(I) Frame and sash are comprised of vinyl material with welded corners;

(II) Metal reinforcement in the interlock area;

(III) Glazed with insulated glass or tempered;

(IV) Frame and sash profiles are certified in American Architectural Manufacturing Association (AAMA) Lineal Certification Program (verified with either an AAMA product label or Certified Products Directory); and

(V) Certified and labeled in compliance with American National Standards Institute (ANSI)/AAMA/National Wood Window and Door Association (NWWDA) structural requirements.

(3) Insulation. Paper-faced insulation shall be allowed in attics or ventilated spaces only if the paper is not exposed to the attic open space. Cellulose insulation is required to be fire retardant.

(4) Roof Coverings. Roof coverings shall be either noncombustible or shall be fire retardant material not composed of organic fiber with a minimum Class A rating, as defined in the California Building Code. The tile shall be tight-fitting and the open ends of high-profile tile shall be capped with non-ignitable material to prevent birds’ nests or other combustible material from accumulating. Gutters and downspouts shall be constructed of noncombustible material.

(q) Additional Requirements. Dependent upon specific site conditions (e.g., building separation, fire flow, road conditions, slope, vegetation, etc.) or a combination of conditions, the responsible Fire Authority may require structures to meet more stringent construction standards (e.g., full perimeter exterior walls to be constructed to the modified or full one-hour construction standards, soffitted eaves, etc.) as additional mitigation to the fire threat.

(r) Unoccupied Structures. At the discretion of the responsible Fire Authority, the fire-safety development standards for projects located within a FS Overlay that only propose to construct unoccupied structures may be altered on a case-by-case basis without an approved variance.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008; Am. Ord. 4334, passed - -2017)

§ 82.13.060 (Reserved).

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4085, passed - -2009; Am. Ord. 4245, passed - -2014)

§ 82.13.070 (Reserved).

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

§ 82.13.080 (Reserved).

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4085, passed - -2009)

§ 82.13.090 Alternate Hazard Protection Measures.

(a) Purpose. This Section allows greater design flexibility than would otherwise be permitted to more efficiently and effectively achieve the purposes of the FS Overlay. Design flexibility is provided by allowing the substitution of alternate measures for otherwise applicable requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirement.

(b) Applicability.

(1) The provisions of this Section shall apply only to the standards and requirements of:

(A) Subdivision 82.13.050(h) (Perimeter Access to Fuel-modified and Fire Hazard Areas); and

(B) Subdivision 82.13.050(i)(Length of Cul-de-sacs); and

(2) Since these alternate measures apply to the standards and requirements that pertain to these three specific design elements, they are intended to be applied to development projects only and not to individual parcel conditions. Therefore, they do not apply to the determination of setbacks for residential construction on individual lots.

(1) If alternate measures are proposed, the responsible Fire Authority shall determine, with specific consideration of the effect of the proposed alternate measures, whether the proposed development project has adequate provisions for fuel modification and management, including the ongoing maintenance of fuel-modified areas.

(2) If the responsible Fire Authority makes a positive determination in compliance with Subdivision (c)(1), above, alternate measures may be substituted for the established standards and requirements if the department, with consideration of the recommendation of the responsible Fire Authority, finds and justifies all of the following:

(A) The approved alternate measures meet the intent of, and serve the same purpose as, the established standard or requirement.

(B) The approved alternate measures provide the same or a greater level of protection or are as effective as the established standard or requirement.

(C) There are clear and substantial reasons for utilizing the alternate measures because they provide for a more efficient and economic use of the site, or provide for a superior physical design, and are consistent with the intent of the FS Overlay.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008; Am. Ord. 4334, passed - -2017)

§ 82.14.010 Authority and Purpose.

(a) The Legislature of the State of California has, in Government Code §§ 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

(b) The purposes and objectives of these regulations are to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

(1) Minimize unnecessary disruption of commerce, access, and public service during times of flooding.

(2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage.

(3) Manage the alteration of natural floodplains, stream channels, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain.

(4) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.

(5) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

(6) Contribute to improved construction techniques in the floodplain.

(7) Minimize damage to public and private facilities and utilities.

(8) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

(9) Minimize the need for rescue and relief efforts associated with flooding.

(10) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

(11) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

(12) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4469, passed - -2024)

§ 82.14.020 Location Requirements.

(a) Establishment of Flood Hazard Areas. The FP Overlay Areas described in § 82.14.040 (Floodplain Safety Review Areas) are applied to areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "Flood Insurance Study for San Bernardino County, California, and Incorporated Areas," dated May 8, 2024, and all subsequent amendments and revisions thereto, and the accompanying Flood Insurance Rate Maps (FIRMs), and all subsequent amendments and revisions to such maps; which documents are hereby adopted by reference as a part of these regulations and serve as the basis for establishing flood hazard areas. The most current copies of the Flood Insurance Study (FIS) and the FIRMs are on file at the Department of Public Works.

(b) FIS establishes the minimum areas to which the FP Overlays may be applied. Subsequent reports and maps may identify additional flood hazard areas, with the possibility of adding, removing, or updating areas as directed by the San Bernardino County Flood Control District or other governmental agencies, such as the Corps of Engineers.

(Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4163, passed - -2012; Am. Ord. 4333, passed - -2017; Am. Ord. 4469, passed - -2024)

§ 82.14.030 Applicability.

No structure or land use shall hereafter be constructed, located, extended, converted, or altered without full compliance with the provisions of this Chapter and other applicable regulations. Violations of the provisions of this Chapter by failure to comply with any of its requirements (including violation of conditions and safeguards required by conditions of approval) shall be subject to the penalties established by this County Code. Nothing in this Chapter shall prevent the County from taking lawful action as is necessary to prevent or remedy any violation.

(a) Abrogation and Greater Restrictions. The provisions of this Chapter are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions or any map changes made by FEMA. However, where this Chapter or other section, easement, covenant, or deed restriction or map revision as may be made by FEMA conflict or overlap, the more stringent regulations or standards shall govern.

(b) Interpretation. In the interpretation and application of this Chapter all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body and deemed neither to limit nor repeal any other powers granted under State statutes.

(c) Implementation. The requirements of this Chapter shall be integrated into the processing and review of all land use applications and development permits where specific flood hazard review and flood protection requirements are made by the County.

(d) Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. These provisions shall not create liability on the part of the County, any officer or employee thereof, the State of California, or FEMA, for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder.

(e) Severability. If any section, sentence, clause, or phrase of this Chapter is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -4163; Am. Ord. 4254, passed - -2014; Am. Ord. 4469, passed - -2024)

§ 82.14.040 Floodplain Safety Review Areas.

The FP Overlay shall be subdivided into flood hazard zone areas. Proposed development shall comply with the following requirements.

(a) 100-year Floodplain. The 100-year floodplain includes areas subject to a base flood (also called "100-year flood") as defined by the Federal Flood Insurance Regulations. The following are the FEMA-designated flood hazard zones for this area: A, AE, AH, A1-30, and AO. (Note: FEMA-designated regulatory floodway is included within the AE zone.) The following standards shall apply to property within these zones:

(1) Review Procedures. A project proposed in this area shall be subject to a Floodplain Development Standards Review. These reviews shall ensure that the proposed project complies with this County Code regarding flood protection measures and shall require the submittal of an elevation certificate completed by a licensed land surveyor, registered civil engineer, or architect who is authorized by State or local law to certify elevation information.

(2) Development Restriction. In Zone AE areas where a base flood elevation has been determined but no regulatory floodway has been designated by FEMA, new construction, substantial improvement or other development (including fill) shall not be permitted, unless it is demonstrated through hydrologic and hydraulic analyses that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(3) FEMA-designated Floodways. Floodways, as defined by FEMA, are different from the Floodway Land Use Zoning District established in Chapter 82.01 (Land Use Plan, Land Use Zoning Districts, and Overlays) and regulated by Chapter 82.03 (Agricultural and Resource Management Land Use Zoning Districts) of this Title. They are defined as the channels of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. They are also referred to as "regulatory floodways" (see § 810.01.080(gg)(43)). They are generally coterminous with the County's Floodway Land Use Zoning Districts. They are considered FEMA-designated flood hazard zones in that they are included within the AE zone.

(b) 100 to 500-year Floodplain. This area includes areas between limits of the base flood (100-year flood) and a 500-year flood; and certain areas subject to 100-year flooding with an average depth of less than one foot or where the contributing drainage areas are less than one square mile; or areas protected by levees from the base flood. The following are the FEMA-designated flood hazard zones for this area: A-99 and the shaded Zone X. The following standards shall apply to property within these zones:

(1) Elevation of First Floor. New construction and substantial improvement of any structure shall be so constructed that the first floor (including basement) shall be one foot above the natural pre-development highest adjacent grade.

(2) Review Procedures. A project proposed in this area shall be subject to a Floodplain Development Standards Review conducted by the Building and Safety Division based upon the determination by the Land Development Division of the Land Use Services Department. This review shall ensure that the proposed project complies with this County Code regarding flood protection measures.

(c) Undetermined Flood Hazards. This area includes areas of undetermined, but possible, flooding as FEMA-designated Zone D areas, or as determined by the County, the Flood Control District, or other governmental agency. The following standards shall apply to property within this area:

(1) Final Building Plan Content. The final building plans that are submitted for approval shall show the approved location and mitigating measures.

(2) Development Standards. Development standards for the undetermined flood hazard area shall be determined case-by-case and shall be dependent upon the specifications of the project. The California Department of Water Resources Best Available Map may be used to determine standards in the undetermined area. A Floodplain Development Standards Review may be required.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4333, passed - -2017; Am. Ord. 4393, passed - -2020; Am. Ord. 4469, passed - -2024)

§ 82.14.050 Development Standards for Floodplain Safety Review Areas.

(a) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be anchored to the foundation to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b) Construction Materials and Methods. All new construction and improvements of structures whether substantial or not, including manufactured homes, shall be constructed:

(1) With materials and utility equipment resistant to flood damage when installed in areas below the base floor elevation or the highest adjacent grade. This would include but not be limited to water-resistant lumber, floor coverings, adhesives, paints, masonry construction and finishes, waterproof electrical systems, and mechanical footings, or other acceptable materials measures. (See FEMA Technical Bulletin TB 2.)

(2) Using methods and practices that minimize flood damage.

(3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4) So that within Zones AH or AO, adequate drainage paths are provided around structures on slopes to guide flood waters around and away from proposed structures.

(c) Grading. If fill is placed to elevate pads above base elevation, it must be demonstrated that fill will not settle and is protected from erosion, scour, or differential settlement, as follows.

(1) The pad elevation shall be certified to meet or exceed the elevation required by the applicable Floodplain Safety Review Area, and it must be demonstrated that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood at any point within the community.

(2) Fill shall be compacted to 95 percent per ASTM (American Society of Testing Materials) Standard D-698.

(3) Fill slopes shall be no steeper than two feet horizontal to one foot vertical ratio unless substantiating data for steeper slopes is provided, and the slopes are approved by the County.

(4) Fill slopes adjacent to a water course may be required to be armored with stone, rock or approved equal protection.

(d) Elevation and Flood-proofing.

(1) Residential Structures. New construction and substantial improvement of any residential structure shall include having the lowest floor (including basement):

(A) In AE, A1-30, AH Zones, elevated one foot above the base flood elevation.

(B) In an AO zone, elevated above the highest adjacent grade to a height one foot above the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

(C) In an A Zone, without BFE's specified on the FIRM, elevated two feet or more above the natural pre-development highest adjacent grade.

(D) In a Shaded X Zone (the 100- to 500-year floodplain), elevated one foot above the natural pre-development highest adjacent grade.

Upon completion of the structure, the elevation of the lowest floor (including basement) shall be certified by a registered civil engineer or licensed land surveyor to be properly elevated above the floodplain elevation at the time of certification. The certification shall be provided on the current FEMA Elevation Certificate form to the Building Official.

(2) Nonresidential Construction. New and substantial improvement of nonresidential construction shall be either elevated in compliance with § 82.14.050(d)(1) or be dry flood-proofed. Dry flood-proofing shall consist of all of the following:

(A) The area below the base flood level, together with attendant utility and sanitary facilities, shall be constructed so that the structure is watertight with walls substantially impermeable to the passage of water;

(B) The structural components shall be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(C) The structure shall be certified by a registered civil engineer or architect that the standards of this Subdivision are satisfied. Such certifications shall be provided to the Floodplain Administrator.

(3) Flood Openings. In addition to the provisions of § 82.14.050(d)(1) and (2) above, all new construction and improvements to existing structures with fully enclosed areas below the lowest floor shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the following minimum criteria:

(A) For non-engineered openings, have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Also, buildings with more than one such enclosed area must have openings on exterior walls for each area to allow flood water to directly enter and exit; or

(B) For engineered openings, be designed and certified by a registered civil engineer or an architect. This certification must be verified by the Floodplain Administrator.

(C) Enclosed areas below the lowest floor shall be unfinished and used solely for parking of vehicles, building access or limited storage.

(4) Garages and Low Cost Accessory Structures.

(A) Attached Garages.

(I) A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation, must be designed to allow for the automatic entry of flood waters. Areas of the garage below the base flood elevation must be constructed with flood-resistant materials.

(II) A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. (For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.)

(B) Detached Garages and Accessory Structures.

(I) Detached garages and accessory storage structures used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), may be constructed such that its floor is below the base flood elevation, provided the structure is designed and constructed in accordance with the following requirements:

(i) Are one story and not larger than 600 square feet in area when located in special flood hazard areas;

(ii) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads;

(iii) Have flood damage-resistant materials used below the base flood elevation;

(iv) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation;

(v) Use must be limited to parking or limited storage;

(vi) Must comply with floodplain encroachment provisions in § 82.14.050(g)(1) below; and

(vii) Must be designed to allow for the automatic entry of flood waters in accordance with § 82.14.050(d)(3) above.

(II) Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this Section and to the elevations required by the Floodplain Safety Area in which it is located.

(5) Crawl Space Construction. This Subdivision applies to buildings with crawl spaces up to two feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.

(A) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or civil engineer.

(B) The crawl space is an enclosed area below the base flood elevation and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. (For guidance on flood openings, see FEMA Technical Bulletins 11 and 1).

(C) Portions of the building below the base flood elevation must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the base flood elevation.

(D) Any building utility systems within the crawl space must be elevated above base flood elevation or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.

(E) Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:

(I) The interior grade of a crawl space below the base flood elevation must not be more than two feet below the lowest adjacent exterior grade;

(II) The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four feet at any point;

(III) There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and

(IV) The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.

(e) Utility Standards.

(1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

(2) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(3) All public utilities and facilities such as electrical, telephone, cable TV, gas, etc., shall utilize flood-proofing measures in their location and construction to minimize flood damage. They shall be adequately anchored to prevent flotation, collapse or lateral movement of the facility resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(f) Design Requirements. All development proposals, including subdivisions, shall comply with the following requirements:

(1) All preliminary proposals shall identify the special flood hazard area and the elevation of the base flood, including floodways, as appropriate, and the elevation of the base flood. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined by the applicant.

(2) All final plans shall provide the elevation of proposed structures and pads above the floodplain elevation as derived from the FEMA map adopted at the time of certification. When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require that the final pad elevations be certified by a registered civil engineer or licensed land surveyor and submitted to the Floodplain Administrator.

(3) All proposals shall be consistent with the need to minimize flood damage.

(4) All proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(5) All proposals shall provide adequate drainage to reduce exposure to flood hazards and not deflect flood flows onto other properties; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

(g) Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall comply with all applicable provisions in this Section in addition to the following:

(1) Elevations.

(A) Within Zones A1-30, AO, AH, and AE of the 100-year Floodplain Safety Review Area, all manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot or more above the base flood elevation or flood depth.

(B) Within Zone A, all manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to two feet or more above the highest adjacent grade.

(C) Within the 100 to 500-year Floodplain Safety Review Area, all manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot or more above the highest adjacent grade.

(2) All manufactured homes shall be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. Methods of anchoring shall include, but not be limited to, the use of over-the-top or frame ties to ground anchors.

(3) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor and verified by the Floodplain Administrator.

(h) Floodway Standards. FEMA-designated floodways are extremely hazardous areas due to the velocity of flood waters that carry debris, potential projectiles, and erosion potential, therefore, the following provisions apply:

(1) Encroachments, including fill, new construction, substantial improvements, stockpiling, and other development are prohibited unless certification by a registered civil engineer or architect is provided, demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) If § 82.14.050(h)(1) above is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this Chapter.

(i) Recreational Vehicles. All recreational vehicles placed in the 100-year floodplain area will:

(1) Be on the site for fewer than 180 consecutive days; or

(2) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices, and has no permanently attached additions; or

(3) Meets the permit requirements of § 82.14.030 and the elevation and anchoring requirements for manufactured homes in § 82.14.050(g) above.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4254, passed - -2014; Am. Ord. 4304, passed - -2016; Am. Ord. 4333, passed - -2017; Am. Ord. 4360, passed - -2019; Am. Ord. 4393, passed - -2020; Am. Ord. 4469, passed - -2024)

§ 82.14.060 Variances.

(a) Exceptions. Exceptions to the provisions of this Chapter may be made if a variance is obtained, as provided in this section, based on special or unique circumstances associated with the property. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

(b) Review Authority. The Commission shall hear and decide requests for variances from the strict application of these regulations, based on technical justifications submitted by applicants, the considerations and conditions set forth in this section, and the comments of the Floodplain Administrator and Building Official, as applicable. The Commission has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.

(1) Restrictions in Floodways. A variance shall not be issued for any proposed development in a floodway when any increase in base flood levels would result.

(2) Historic Structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places upon a determination by the Director that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the exemption is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure's continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code.

(3) Functionally Dependent Uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, provided the requirements of § 82.14.050 are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.

(c) Procedure. Written application shall be submitted to the Department upon the forms provided by the Department for this purpose.

(1) Required Findings and Conditions. Variances shall only be issued upon:

(A) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.

(B) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

(C) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing laws or ordinances.

(D) The variance is the minimum necessary, considering the flood hazard, to afford relief and is consistent with the objectives of sound floodplain management.

(d) Records. The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance.

(e) Written Notification. Any applicant to whom a variance is granted shall be given written notice. Such notice shall include notice that:

(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

(2) Such construction below the base flood level increases risks to life and property. A Notice of Condition shall be recorded by the Floodplain Administrator in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4469, passed - -2024)

§ 82.14.070 Boundary Changes.

An applicant may apply to FEMA for an adjustment to the designated base flood elevation and/or other designations on the FIRM. Prior to submitting such application to FEMA, all required documents required by FEMA must be submitted to the Flood Control District for review and acknowledgment. Depending on the size, scope and specific design of a land use proposal within the County, an applicant for such proposal may be required to submit an application to FEMA for an adjustment to the base flood elevation. The Department of Public Works will determine whether this FEMA application is actually required.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4469, passed - -2024)

§ 82.15.010 Purpose.

The Geologic Hazard (GH) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created to provide greater public safety by establishing investigation requirements for areas that are subject to potential geologic problems, including active faulting, landsliding, debris flow/mud flow, rockfall, liquefaction, seiche, and adverse soil conditions.

(Ord. 4011, passed - -2007)

§ 82.15.020 Location Requirements.

The GH Overlay shall be designated:

(a) In areas that are adjacent to active earthquake fault traces as depicted on the Alquist-Priolo Earthquake Fault Zone Maps;

(b) In areas that are adjacent to potentially active earthquake fault traces as designated by the County Geologist.

(d) In areas where liquefaction of the soil or seiche is associated with earthquake activity; and

(e) In areas of adverse soil conditions, such as those underlain by hydrocollapsible, expansive, corrosive soils.

(Ord. 4011, passed - -2007)

§ 82.15.030 Professional Reports.

Except as provided for areas of adverse soil conditions, a detailed geologic study prepared by a California Registered Professional Geologist shall be submitted with all land use applications and development permits proposed within the GH Overlay, that would lead to the construction of roads or structures or the subdivision of land.

(a) Report Contents.

(1) Areas of Faulting. In areas of the GH Overlay where faulting is a concern, the geologic report shall confirm the presence or absence of active faults and, if applicable, shall establish appropriate construction setbacks from active faulting.

(2) Areas of Slope Stability. In areas of the GH Overlay where slope stability is a concern, the geologic report shall evaluate landslides and other slope instabilities that could affect the project and, if applicable, shall include recommendations for mitigation.

(3) Areas of Liquefaction Susceptibility. In areas of the GH Overlay where liquefaction is a concern, the geologic report shall evaluate the potential for liquefaction based upon anticipated ground shaking, historic groundwater levels and character of the alluvial materials. If the investigation determines that a potential for liquefaction exists, a geotechnical investigation may be required.

(4) Areas of Potential Seiche. In areas of the GH Overlay where seiching is a concern, the geologic report shall evaluate the potential for seiching based upon anticipated ground shaking, the character of the water body and the elevation of the proposed development with respect to the high water line. The investigation shall determine if the freeboard requirements will be met.

(5) Areas of Adverse Soil Conditions. In areas of the GH Overlay where adverse soil conditions are known to exist, a geotechnical investigation report shall be prepared by a California Registered Professional Engineer. The investigation shall sample and conduct laboratory analysis of subsurface soils and, if applicable, shall include recommendations for mitigation.

(b) Exemptions from Report Requirements. Exemptions to the requirement for a geologic study include:

(1) A single-family residential wood or steel frame dwelling not exceeding two stories in height provided the proposed structure is not located within the boundaries of a mapped landslide or within that portion of the GH Overlay designated as having adverse soil conditions.

(2) Single-family residential wood frame or steel dwellings located within a subdivision of land for which a geologic report was prepared and approved;

(3) A non-habitable structure that is accessory to a residential use that is not physically connected to the principal structure; and

(4) Alterations or additions to any structure where the value or area does not exceed 50 percent of the structure.

(Ord. 4011, passed - -2007)

§ 82.15.040 Development Standards.

Development and land uses proposed within the GH Overlay shall comply with the following standards.

(a) A structure used for human occupancy shall be located 50 feet or farther from any active earthquake fault traces. Lesser setbacks may be applicable in certain situations as determined by an appropriate geologic investigation and approved by the County Geologist or other engineering geologist designated by the Building Official.

(b) A structure used for critical facilities shall be located 150 feet or farther from any active earthquake fault trace as indicated by General Plan. Critical facilities shall include dams, reservoirs, fuel storage facilities, power plants, nuclear reactors, police and fire stations, schools, hospitals, rest homes, nursing homes and emergency communication facilities.

(c) Utility lines and streets shall not be placed within the construction setback area of a hazardous fault except for crossing which can be made perpendicular to the fault trace or as recommended by the project geologist and approved by the County Geologist or individual designated by the Building Official.

(d) The use of development restricted areas as recreation and common open spaces is encouraged.

(Ord. 4011, passed - -2007)

§ 82.16.010 Purpose.

The Hazardous Waste (HW) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created to:

(a) Ensure that hazardous waste facilities are sited in areas that protect public health, safety, welfare, and the environment;

(b) Buffer hazardous waste facilities so that incompatible uses cannot be permitted in the future;

(d) Outline applicable permit review procedures.

(Ord. 4011, passed - -2007)

§ 82.16.020 Location Requirements.

(a) The Hazardous Waste Overlay shall be applied to areas where a Hazardous Waste Facility is being approved. This will require the concurrent filing of a General Plan Amendment and a Conditional Use Permit.

(b) The Hazardous Waste Overlay may most appropriately be located in the following land use zoning districts:

(1) Resource Conservation (RC) for Land Disposal and Incineration Facilities. Incineration facilities shall not, however, be located in areas where emissions from the facility could directly impact food crops or livestock.

(2) Regional Industrial (IR) for Treatment, Incineration, Recycling, Storage and Transfer Facilities. Incineration facilities shall not, however, be located in areas where emissions from the facility could directly impact food crops or livestock.

(c) Siting Criteria for Hazardous Waste Facilities: Refer to policies in the Safety Element of the General Plan or to Table 5-2 of Chapter 5 of the San Bernardino County Hazardous Waste Management Plan.

(d) A Risk Assessment evaluating a proposal for a Hazardous Waste Facility shall determine the appropriate location for the overlay for the facility.

(Ord. 4011, passed - -2007)

§ 82.16.030 Development Standards.

(a) Review Procedures Include State and County Processes. The types of applications required for local evaluation of a specified hazardous waste facility proposal include both discretionary and ministerial permits. The required permits or processes include:

(1) A General Plan Amendment to apply the HW Overlay to the proposed site and respective buffer.

(2) A Conditional Use Permit in compliance with Chapter 85.06 (Conditional Use Permit and Minor Use Permit).

(3) A Special Use Permit issued by the San Bernardino County Fire Department, which shall be required as a condition of approval of the Conditional Use Permit.

(4) Ministerial Permits from the Building and Safety Division for building, grading, flood control, etc..

For a complete discussion of the local application review process, refer to § 5.3.3 and Table 5-4 of Chapter 5 of the San Bernardino County Hazardous Waste Management Plan.

(b) Compatible land uses. The following list of use classifications may be compatible with a hazardous waste facility depending on the risk assessment and are allowed within a HW Overlay.

(1) Contract/Construction Services.

(2) Manufacturing Operations I & II.

(3) Open Lot Services I & II.

(4) Repair Services I, II & III.

(5) Salvage Services I and II.

(6) Transportation Services I & II.

(7) Wholesale/Warehouse Services I & II.

(1) Agricultural uses of any type.

(2) Residential uses of any type.

(3) Facilities with a high concentration of people/immobile population, including schools, hospitals, auditoriums, amphitheaters, jails, etc.

(Ord. 4011, passed - -2007)

§ 82.17.010 Purpose.

The Mineral Resources (MR) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created with the following intent and objectives.

(a) Intent.

(1) The extraction of mineral resources is essential to the economic well being of the County and the needs of the society.

(2) Certain privately owned land areas of the County contain significant amounts of mineral resources. Mineral Resources Overlays are created to protect these resources for present and future extractions. Since mineral extraction must take place on the physical site where the minerals naturally occur, special controls are needed to minimize conflicts with other land uses. The Mineral Resources Overlay functions as a “holding district” since the land will be redesignated and reclaimed for other land uses when mining operations cease. Also, the district will insure that land disturbances are minimized through regulations and through the prohibition of any other land uses in these districts that are incompatible with mining.

(3) Once the mining activity ceases, the mined lands shall be reclaimed for new uses in order to prevent or minimize adverse effects on the environment and to protect the public health, safety and welfare.

(b) Objectives. The MR Overlay shall have the following objectives:

(1) Prevent or minimize all adverse environmental effects.

(2) Reclaim mined lands to a usable condition that is readily adaptable for alternative land uses.

(3) Encourage the production and conservation of minerals while preserving areas relating to environmental and recreational amenities if such amenities are located within the mining locale.

(4) Eliminate residual hazards to the public health and safety.

(Ord. 4011, passed - -2007)

§ 82.17.020 Location Requirements.

The MR Overlay shall be applied on the following areas:

(a) Areas with existing major surface mining activities;

(b) Areas where mining activity is expected to take place in the future; and

(Ord. 4011, passed - -2007)

§ 82.17.030 Application Requirements.

A Mining/Reclamation Plan describing the phasing of reclamation, in relation to the phases of the mining operation, shall be submitted for land areas which are to be included within a MR Overlay, subject to the requirements of this Development Code regarding surface mining and land reclamation and the California Surface Mining and Reclamation Act (SMARA).

(Ord. 4011, passed - -2007)

§ 82.17.040 Development Standards.

(a) MR Overlays shall be free from any land use that is incompatible with mining activity.

(b) When mining activity ceases, the landowner and/or mining company shall be responsible for the reclamation of the site.

(d) Incompatible land uses shall be suitably buffered from mining activity. Appropriate transition measures shall be taken in order to insure compatibility between mining activity and surrounding land uses.

(e) Non-mining projects located within the MR Overlay may be approved only if the following finding is made in the affirmative: Even though the project may otherwise be determined to be incompatible with mineral resource protection policies, conditions of approval shall be applied to minimize potential conflicts with these policies.

(Ord. 4011, passed - -2007)

§ 82.18.010 Purpose.

The Noise Hazard (NH) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created to provide greater public safety by establishing land use review procedures and requirements for land uses in areas with identified high noise levels.

(Ord. 4011, passed - -2007)

§ 82.18.020 Location Requirements.

The NH Overlay may be applied to those areas where the Average Day-Night Sound Level (Ldn) is 65 decibels, 65 dBA or greater.

(Ord. 4011, passed - -2007)

§ 82.18.030 Development Standards.

When a land use application or development permit is proposed within the NH Overlay, the following standards shall apply with respect to residential uses:

(a) Acoustical Report Required. Noise levels shall be identified. An acoustical report shall be performed to identify noise impact. Any recommendation for noise attenuation or other mitigation measures shall be incorporated into the design standards or conditions of approval as applicable.

(b) Interior Noise Levels. Interior noise levels in all single-family and multi-family residences and educational institutions shall not exceed 45 dBA Ldn emanating from sources outside of the residential building.

(c) Exterior Noise Levels. Exterior noise levels in all single-family residential land use areas and multi-family residential land use areas should not exceed 65 dBA Ldn. Exterior noise levels shall not exceed 70 dBA Ldn for any residential use areas. Ability to mitigate exterior noises to the levels of 65 dBA Ldn and 70 dBA Ldn shall be considered by the review authority when determining the actual Ldn level with which the land uses must comply.

(d) Noise Mitigation Measures. In areas where noise exceeds the noise standard, measures shall be taken to mitigate noise levels. An acoustical report identifying these mitigation measures shall be required and reviewed by the Environmental Health Services Division before issuance of any required development permits or approval of land use applications.

(Ord. 4011, passed - -2007)

§ 82.19.010 Purpose.

The Open Space (OS) Overlay established by 82.01.030 (Overlays) is created to address the issue of open space from many perspectives. It does not simply protect natural open space areas for wildlife; the Open Space Overlay strikes a balance between the needs of an urbanizing County and the many uses, which require open lands. The following are descriptions of the many types of open space considered in the overlay:

(a) Natural Resources. Open space for the protection of natural resources encompasses a variety of areas, which are required to maintain biological diversity, to protect significant natural features, and to ensure that future generations will have access to a quality “natural” experience. The County recognizes that natural areas in and adjacent to the urbanizing portions of the County are under substantial pressure. As urbanization of the Valley, Mountain and Desert Regions of the County continues, the loss of areas, which are capable of supporting both common and endangered plant and animal species, is accelerating. For this reason, protection of natural resources, or the proper management of natural lands for multiple users, is an important focus of the Open Space Overlay.

(b) Scenic Resources. Scenic areas in the County contain vistas that rival many found elsewhere in the State and the nation. These scenic resources can be deteriorated by increased urbanization along scenic corridors. The Open Space Overlay seeks to preserve these resources and to provide additional opportunities for the public to enjoy these pleasing features.

(c) Trails. Because they provide public access to open space lands and serve as an active recreational amenity, trails form an important part of the overlay. Trails will be used to provide entry and to direct public access to those areas which can safely withstand human activity, to provide alternative transportation opportunities, and to provide a sense of County history.

(Ord. 4011, passed - -2007)

§ 82.19.020 Location Requirements.

The Open Space Overlay shall be applied to the areas described above.

(Ord. 4011, passed - -2007)

§ 82.19.030 Special Requirements for Natural Resources.

Areas designated for Wildlife Corridors, Special Policy Areas or Buffer Zones: When a land use is proposed, or an existing land use is increased by more than 25 percent of disturbed area within a OS Overlay designated as a wildlife corridor, special policy area or buffer zone, the land use application shall include a biotic resources report or other special report as appropriate for the subject area prepared as follows, except where the Director finds that prior environmental studies approved by the County have determined that the site does not contain viable habitat.

(a) Report Content. If a biotic resources report is required, it shall identify all biotic resources located on the site and those on adjacent parcels that could be impacted by the proposed development and the impacts on the area as a wildlife corridor. If another special report is required, it shall identify all resources that are sensitive and need protection. The report shall also identify mitigation measures designed to reduce or eliminate impacts to the identified resources, and shall be submitted along with the application for the proposed development

(b) Report Preparation. The biotic resources report shall be prepared by an appropriate expert (e.g., a qualified biologist, botanist, herpetologist, or other professional “life scientist.” The professional qualifications of the person preparing a biotic resources report shall be in compliance with § 82.11.050 (Professional Qualifications). The professional qualifications of the person preparing a paleontologic resources report shall be in compliance with § 82.19.040 (Paleontologist Qualifications). The professional qualifications of the person preparing another special report may also require special qualifications in compliance the Department’s procedures.

(Ord. 4011, passed - -2007)

§ 82.19.040 Development Criteria within Scenic Areas.

(a) Applicability. The criteria below shall be used to evaluate a land use proposed within a scenic area in an Open Space Overlay and shall apply to:

(1) Areas with unique views of the County’s desert, mountain and valley areas or any other aesthetic natural land formations.

(2) An area extending 200 feet on both sides of the ultimate road right-of-way of State and County designated Scenic Highways as identified in the General Plan. The area covered may vary to reflect the changing topography and vegetation along the right-of-way.

(b) Report. A special viewshed analysis shall be required if it is determined through the preparation of an Initial Study pursuant to the California Environmental Quality Act (CEQA) that the proposed project may have a significant negative impact on the scenic values of the subject parcel. This analysis shall identify mitigation measures designed to reduce or eliminate potentially significant impacts to the viewshed.

(c) Building and Structure Placement. Structure placement and style shall be compatible with and shall not detract from the visual setting or obstruct significant views.

(d) Review Area. Land development proposals, including but not limited to residential facilities, commercial activities and mobile home parks/manufactured home land-lease communities, shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of development proposals shall also provide for maintenance of a natural open space parallel to and visible from the right-of-way.

(e) Access Drives. Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-of-way access drives.

(f) Landscaping. The removal of native vegetation, especially timber, shall be minimized and replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

(g) Roads, Pedestrian Walkways, Parking and Storage Areas. A large-scale development should restrict the number of access points by providing common access roads. Parking and outside storage areas shall be screened from view, to the maximum extent feasible, from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, by the placement of structures, or by landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water.

(h) Above Ground Utilities. Utilities shall be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate above ground construction and routing. Above ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, above ground utilities shall be screened from view from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, or by placement of structures.

(i) Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography shall be screened from view from either the Scenic Highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.

(j) Timber Harvesting. Timber harvesting within or adjacent to the right-of-way shall be limited to that which is necessary to maintain and enhance the quality of the forest.

(k) Storage Areas. Outside storage areas associated with commercial activities shall be completely screened from view of the right-of-way with landscaping and plantings that are compatible with the local environment and are capable of surviving with a minimum of maintenance and supplemental water.

(l) Signs. Off-site freestanding signs greater than 18 square feet are prohibited in the OS Overlay. On-site signs within this overlay shall be designed to reflect and preserve the unique scenic values of the scenic area. They shall not exceed 100 square feet in area. This on-site sign size requirement only applies to new on-site signs approved after January 15, 2014. No on-site signs existing prior to January 15, 2014 will be considered illegal or abandoned based upon the requirements of this subsection. The provisions of Chapter 83.13. (Sign Regulations) are applicable to the signs regulated by this subsection. The provisions of Chapter 83.13 and the environmental review required for all discretionary projects will ensure that the scenic quality of properties located within the overlay will be addressed.

(m) Wireless Telecommunication Facilities. Wireless telecommunication facilities shall be allowed within a scenic area pursuant to Chapter 84.27 (Wireless Telecommunication Facilities) of this Code.

(Ord. 4011, passed - -2007; Am. Ord. 4245, passed - -2014; Am. Ord. 4268, passed - -2015)

§ 82.19.050 Development Standards for Trails.

The following standards shall be used to evaluate proposed trails:

Table 82-23
Urban Standards (Maximum Accessibility)
Item	Bicycle+ Pedestrian (1)	Bicycle- only (1)	Hiking- only	Equestrian- only (4)
Minimum width (one way)	10 ft.	5 ft.	5 ft.	8 ft.
Minimum width (two way)	12 ft.	8 - 10 ft.	8 - 10 ft.	10 ft.
Surface	Hardened, e.g. asphalt(2)	Hardened, e.g. asphalt	Hardened	Hard-packed, No paving
Shoulder	2 ft. minimum	2 ft. minimum	2 ft. minimum	2 ft. minimum
Vertical Clearance	12 ft.	10 ft.	10 ft.	12 ft.
Cross Slope	2 percent maximum	2 percent maximum	2 percent maximum	2 percent maximum
Maximum Grade	5 percent	5 percent	5 percent	Maximum limit is erosion control

Table 82-24
Low Use and Natural Area Standards
Item	Bicycle+ Pedestrian (1)	Bicycle- only (1)	Hiking- only	Equestrian- only (4)
Minimum width (one way)	6 - 8 ft.	2 ft.	2 ft.	6 ft.
Minimum width (two way)	8 - 10 ft.	2 ft.	4 ft.	8 ft.
Surface	Firm all weather and unobstructed	Minimize erosion	Minimize erosion	Minimize erosion
Shoulder	2 ft. minimum	2 ft. minimum	2 ft. minimum	2 ft. minimum
Vertical Clearance	10 ft.	8 ft.	8 ft.	12 ft.
Cross Slope	3 percent maximum	3 percent maximum	3 percent maximum	3 percent maximum
Maximum Grade	5 percent; rest and turning areas every 200 ft. minimum	Maximum limit is erosion control	Maximum limit is erosion control	Maximum limit is erosion control
Notes:
(1) Standards meet Caltrans Class I Bikeway standards.
(2) Where equestrian uses occur, an appropriate trail material (e.g., decomposed granite) shall be provided on the equestrian portion of the trail only; the remainder of the trail shall use materials appropriate to its intended use.
(3) Multiple use trails with both bicyclists and equestrians shall be no narrower than six feet. A combined use trail with hiking and bicycling only should be no narrower than four feet.
(4) A maximum of 20 percent vertical grade or as needed for erosion control, whichever is less. This can be exceeded for short distances (no more than 200 feet).

Figure 82-1 Trails - Low Use and Natural Areas/Urban #1

Figure 82-2 Trails - Low Use and Natural Areas

Figure 82-3 Trails - Urban

Figure 82-4 Trails - Low Use and Natural Areas/Urban #2

(Ord. 4011, passed - -2007)

§ 82.20.010 Purpose.

The Paleontologic Resources (PR) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created in recognition of the following:

(a) The identification and preservation of significant paleontologic (fossil) resources is necessary as many such resources are unique and non-renewable.

(b) Preservation of such paleontologic resources provides a greater knowledge of County natural history, thus promoting County identity and conserving scientific amenities for the benefit of future generations.

(Ord. 4011, passed - -2007)

§ 82.20.020 Location Requirements.

The Paleontologic Resources (PR) Overlay may be applied to those areas where paleontologic resources are known to occur or are likely to be present. Specific identification of known fossil occurrences or potential paleontologic sensitivity is indicated by listing in the locality files of one or more of the following institutions:

(a) San Bernardino County Museum;

(b) University of California; and

(Ord. 4011, passed - -2007)

§ 82.20.030 Criteria for Site Evaluation for Paleontologic Resources.

When a land use is proposed within a PR Overlay, the following criteria shall be used to evaluate the project’s compliance with the intent of the overlay.

(a) Field Survey Before Grading. In areas of potential but unknown sensitivity, field surveys before grading shall be required to establish the need for paleontologic monitoring.

(b) Monitoring During Grading. A project that requires grading plans and is located in an area of known fossil occurrence within the overlay, or that has been demonstrated to have fossils present in a field survey, shall have all grading monitored by trained paleontologic crews working under the direction of a qualified professional, so that fossils exposed during grading can be recovered and preserved. Paleontologic monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring is not necessary if the potentially-fossiliferous units described for the property in question are not present, or if present are determined upon exposure and examination by qualified paleontologic personnel to have low potential to contain fossil resources.

(c) Recovered Specimens. Qualified paleontologic personnel shall prepare recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Preparation and stabilization of all recovered fossils is essential in order to fully mitigate adverse impacts to the resources.

(d) Identification and Curation of Specimens. Qualified paleontologic personnel shall identify and curate specimens into the collections of the Division of Geological Sciences, San Bernardino County Museum, an established, accredited museum repository with permanent retrievable paleontologic storage. These procedures are also essential steps in effective paleontologic mitigation and CEQA compliance. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. Mitigation of adverse impacts to significant paleontologic resources is not considered complete until curation into an established museum repository has been fully completed and documented.

(e) Report of Findings. Qualified paleontologic personnel shall prepare a report of findings with an appended itemized of specimens A preliminary report shall be submitted and approved before granting of building permits, and a final report shall be submitted and approved before granting of occupancy permits. The report and inventory, when submitted to the appropriate Lead Agency along with confirmation of the curation of recovered specimens into the collections of the San Bernardino County Museum, will signify completion of the program to mitigate impacts to paleontologic resources.

(f) Mitigation Financial Limits. In no event shall the County require the applicant to pay more for mitigation as required by Subdivisions (b), (c), and (d), above within the site of the project than the following amounts:

(1) One-half of one percent of the projected cost of the project, if the project is a commercial or industrial project;

(2) Three-fourths of one percent of the projected cost of the project for a housing project consisting of one unit; and

(3) If a housing project consists of more than one unit, three-fourths of one percent of the projected cost of the first unit plus the sum of the following:

(A) $200.00 per unit for any of the next 99 units;

(B) $150.00 per unit for any of the next 400 units; and

(Ord. 4011, passed - -2007)

§ 82.20.040 Paleontologist Qualifications.

Qualified professional paleontologists that are employed to conduct field surveys or monitor grading shall meet the following criteria to qualify to perform work within the County jurisdiction:

(a) Education. An advanced degree (Masters or higher) in geology, paleontology, biology or related disciplines (exclusive of archaeology).

(b) Professional Experience. At least five years professional experience with paleontologic (not including cultural) resources, including the collection, identification and curation of the resources.

(Ord. 4011, passed - -2007)

§ 82.21.010 Purpose.

The Sign Control (SC) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created to regulate freestanding signs ensure compatibility with the character of the neighborhood.

(Ord. 4011, passed - -2007)

§ 82.21.020 Location Requirements.

The SC Overlay shall be applied where it is determined that the location of large freestanding signs may be detrimental to the character of the neighborhood.

(Ord. 4011, passed - -2007)

§ 82.21.030 Development Standards.

No freestanding sign shall exceed 25 feet in height, and the sign face shall not exceed the sign area indicated in the bracketed suffix to the overlay map symbol (e.g. CG-SC[150], shall mean a maximum sign area of 150 square feet.) Where the bracketed suffix includes the letter “p” (e.g. CG-SC [p]), an off-site freestanding sign greater than 18 square feet shall be prohibited.

(Ord. 4011, passed - -2007; Am. Ord. 4245, passed - -2014)

§ 82.22.010 Purpose.

(a) Purpose. The Sphere Standards (SS) Overlay established by § 82.01.030 (Overlays) is created to allow the implementation of County development standards or standards that more closely conform to city development standards within specified spheres of influence areas identified in this Chapter.

(b) Intent. The intent is to ensure that the County's approval of a proposed development in a sphere of influence is consistent with the shared objectives of the County and the applicable city where the County has determined it is appropriate to adopt similar standards.
(Ord. 4011, passed - -2007; Am. Ord. 4189, passed - -2012)

§ 82.22.020 Location Requirements.

The Sphere Standards Overlay shall only be applied to the city/town spheres of influence indicated in Table 82-23 (Sphere Standards Overlay) and shall be created upon adoption of an amendment to this Development Code in compliance with Chapter 86.12 (Amendments). These standards apply only to the unincorporated portions of a city’s/town’s sphere of influence.

Table 82-23
Sphere Standards Overlays
Name of City/Town with Sphere of Influence over County lands	Zoning Prefix	Adoption Date of City/Town Sphere Standards	Section Reference (Where sphere standards located in Development Code)
Adelanto	AD	Not adopted	82.22.030
Apple Valley	AV	November 27, 2012	88.22.040
Barstow	BW	Not adopted	88.22.050
Big Bear Lake	BB	Not adopted	88.22.060
Chino	CC	Not adopted	88.22.070
Colton	CL	Not adopted	88.22.080
Fontana	FT	May 8, 2007	88.22.090
Hesperia	HP	Not adopted	88.22.100
Highland	HD	Not adopted	88.22.110
Loma Linda	LL	Not adopted	88.22.120
Montclair	MC	Not adopted	88.22.130
Needles	ND	Not adopted	88.22.140
Rancho Cucamonga	RC	Not adopted	88.22.150
Redlands	RD	Not adopted	88.22.160
Rialto	RT	Not adopted	88.22.170
San Bernardino	SB	Not adopted	88.22.180
Twentynine Palms	TP	Not adopted	88.22.190
Upland	UP	Not adopted	88.22.200
Victorville	VV	Not adopted	88.22.210
Yucaipa	YU	Not adopted	88.22.220

(Ord. 4011, passed - -2007; Am. Ord. 4020, passed - -2007; Am. Ord. 4189, passed - -2012)

§ 82.22.030 Development Standards within the Sphere of the City of Adelanto.

(Reserved)

§ 82.22.040 Development Standards within the Sphere of the Town of Apple Valley.

(a) General Provisions. The provisions contained in this section are only those provisions that are different from countywide provisions and unique to the Apple Valley Sphere of Influence.

(b) Agricultural and Resource Management Land Use Zoning Districts—Allowed Uses and Permit Requirements. As outlined in Table 82-4 of Chapter 82.03, except for the unique uses noted below:

Table 82-24
Allowed Land Uses and Permit Requirements for Agricultural and Resource Management Land Use Zoning Districts within the Apple Valley Sphere of Influence
LAND USE See Division 10 (Definitions) for land use definitions	PERMIT REQUIRED BY DISTRICT			Specific Use Regulations
	AV/RC	AV/AG	AV/FW
Agricultural, Resource & Open Space Uses
Community garden	A	A	A
Nursery (Wholesale)	M/C	M/C	M/C
Recreation, Education & Public Assembly
Desert botanical garden	MUP	MUP	—
Historical landmarks and structures	A	A	A
Zoos	CUP	CUP	—
Services—General
Licensed Residential Care Facility with 7 or more persons	CUP	CUP	—	84.23
Unlicensed Residential Care Facility with 7 or more persons	CUP	CUP	—	84.32

Key
A	Allowed use (no planning permit required)	PD	Planned Development Permit required (Chapter 85.10)
P	Permitted Use; Site Plan Permit required (Chapter 85.08)	SUP	Special Use Permit required (Chapter 85.14)
M/C	Minor Use Permit required; unless a Conditional Use Permit required in compliance with Section 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit)	S	Permit requirement set by Specific Use Regulations (Division 4)
		TSP	Temporary Special Events Permit required (Chapter 85.16)
CUP	Conditional Use Permit required (Chapter 85.06)	TUP	Temporary Use Permit required (Chapter 85.15)
MUP	Minor Use Permit required (Chapter 85.06)	–	Use not allowed

(c) Residential Land Use Zoning Districts—Allowed Uses and Permit Requirements. As outlined in Table 82-7 of Chapter 82.04, except for the unique uses noted below:

Table 82-25
Allowed Land Uses and Permit Requirements for Residential Land Use Zoning Districts within the Apple Valley Sphere of Influence
LAND USE See Division 10 (Definitions) for land use definitions	PERMIT REQUIRED BY DISTRICT		Specific Use Regulations
	AV/RL	AV/RS	Specific Use Regulations
Agricultural, Resource & Open Space Uses
Agricultural accessory structure (non-habitable)—1,000 sf. max.	A	A
Agricultural accessory structure (non-habitable)—up to 10,000 sf max. on 5 ac. or less	A	—
Agricultural accessory structure (non-habitable)—greater than 10,000 sf on 5 ac. or less	M/C	—
Community garden	A	A
Nursery (Wholesale)	M/C	—
Recreation, Education & Public Assembly
Historical landmarks and structures	A	A
Residential Uses
Fitness/health facility	CUP	—

Key
A	Allowed use (no planning permit required)	PD	Planned Development Permit required (Chapter 85.10)
P	Permitted Use; Site Plan Permit required (Chapter 85.08)	SUP	Special Use Permit required (Chapter 85.14)
M/C	Minor Use Permit required; unless a Conditional Use Permit required in compliance with Section 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit)	S TSP	Permit requirement set by Specific Use Regulations (Division 4) Temporary Special Events Permit required (Chapter 85.16)
CUP	Conditional Use Permit required (Chapter 85.06)	TUP	Temporary Use Permit required (Chapter 85.15)
MUP	Minor Use Permit required (Chapter 85.06)	-	Use not allowed

(d) Commercial Land Use Zoning Districts—Allowed Uses and Permit Requirements. As outlined in Table 82-11 of Chapter 82.05, except for the unique uses noted below:

Table 82-26
Allowed Land Uses and Permit Requirements for Commercial Land Use Zoning Districts within the Apple Valley Sphere of Influence
LAND USE See Division 10 (Definitions) for land use definitions	PERMIT REQUIRED BY DISTRICT			Specific Use Regulations
	AV/CR	AV/CN	AV/CG
Industry, Manufacturing & Processing, Wholesaling
Storage—Personal storage (mini-storage)	M/C	—	CUP
Storage—Recreational vehicles	CUP	—	CUP
Recreation, Education & Public Assembly
Historical landmarks and structures	A	A	A
School—Specialized education/training	M/C	M/C	M/C
Retail
Construction and heavy equipment sales and rental	M/C	—	CUP
Nurseries (Retail)	M/C	—	CUP
Services—General
Crematorium	CUP	—	CUP
Mortuary services	CUP	—	CUP
Repair Services—non-automotive	MUP	MUP	MUP
Licensed Residential Care Facility with 6 or fewer persons	—	—	—
Licensed Residential Care Facility with 7 or more persons	—	—	—
Unlicensed Residential Care Facility with 7 or more persons	—	—	—

Key
A	Allowed use (no planning permit required)	PD	Planned Development Permit required (Chapter 85.10)
P	Permitted Use; Site Plan Permit required (Chapter 85.08)	SUP	Special Use Permit required (Chapter 85.14)
M/C	Minor Use Permit required; unless a Conditional Use Permit required in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit)	S	Permit requirement set by Specific Use Regulations (Division 4)
		TSP	Temporary Special Events Permit required (Chapter 85.16)
CUP	Conditional Use Permit required (Chapter 85.06)	TUP	Temporary Use Permit required (Chapter 85.15)
MUP	Minor Use Permit required (Chapter 85.06)	–	Use not allowed

(e) Industrial and Special Use Land Use Zoning Districts—Allowed Uses and Permit Requirements. As outlined in Table 82-17 of Chapter 82.06, except for the unique uses noted below:

Table 82-27
Allowed Land Uses and Permit Requirements for Industrial and Special Purpose Land Use Zoning Districts within the Apple Valley Sphere of Influence
LAND USE See Division 10 (Definitions) for land use definitions	PERMIT REQUIRED BY DISTRICT			Specific Use Regulations
	AV/IC	AV/IR	AV/SD-PD
Recreation, Education & Public Assembly
Historical landmarks and structures	A	A	A
Retail
Building and landscape materials sales—Indoor	M/C	M/C	—
Building and landscape materials sales—Outdoor	M/C	M/C	—
Services—Business, Financial, Professional
Office—Government	M/C	M/C	M/C
Services—General
Lodging—Hotel or motel—20 or fewer guest rooms	CUP	CUP	M/C
Lodging—Hotel or motel—More than 20 guest rooms	CUP	CUP	M/C
Licensed Residential Care Facility with 6 or fewer persons	—	—	—
Licensed Residential Care Facility with 7 or more persons	—	—	—
Unlicensed Residential Care Facility with 2 or more person	—	—	—

Key
A	Allowed use (no planning permit required)	PD	Planned Development Permit required (Chapter 85.10)
P	Permitted Use; Site Plan Permit required (Chapter 85.08)	SUP	Special Use Permit required (Chapter 85.14)
M/C	Minor Use Permit required; unless a Conditional Use Permit required in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit)	S	Permit requirement set by Specific Use Regulations (Division 4)
		TSP	Temporary Special Events Permit required (Chapter 85.16)
CUP	Conditional Use Permit required (Chapter 85.06)	TUP	Temporary Use Permit required (Chapter 85.15)
MUP	Minor Use Permit required (Chapter 85.06)	–	Use not allowed

(f) Single-Family Residential Dwellings. The exception to the ten-year standard outlined in § 84.21.030(i) (Certification tag or label required) shall not be allowed. Therefore, in the Apple Valley Sphere of Influence, a permit from the Building and Safety Division for the installation of a manufactured home not within an approved and properly licensed mobile home park shall not be issued, if more than ten years have elapsed between the date of manufacture and the date of the application for the issuance of the permit to install such manufactured home.

(Ord. 4189, passed - -2012)

§ 82.22.050 Development Standards within the Sphere of the City of Barstow.

(Reserved)

§ 82.22.060 Development Standards within the Sphere of the City of Big Bear Lake.

(Reserved)

§ 82.22.070 Development Standards within the Sphere of the City of Chino.

(Reserved)

§ 82.22.080 Development Standards within the Sphere of the City of Colton.

(Reserved)

§ 82.22.090 Development Standards within the Sphere of the City of Fontana.

Fontana Sphere of Influence: The density within the FT/RM (Fontana/Multiple Residential) Land Use Zoning District shall be up to 24 units per acre depending on the design of the project and the amenities provided. The density of 24 units per acre shall be allowed if the Total Amenity Points as outlined in § 84.16.070 (Common Amenities and Facilities) is 12 points or greater and all other required design standards of Chapter 84.16 (Multi-Family Residential Development Standards) are met.

(Ord. 4011, passed - -2007; Am. Ord. 4020, passed - -2007; Am. Ord. 4189, passed - -2012)

§ 82.22.100 Development Standards within the Sphere of the City of Hesperia.

(Reserved)

§ 82.22.110 Development Standards within the Sphere of the City of Highland.

(Reserved)

§ 82.22.120 Development Standards within the Sphere of the City of Loma Linda.

(Reserved)

§ 82.22.130 Development Standards within the Sphere of the City of Montclair.

(Reserved)

§ 82.22.140 Development Standards within the Sphere of the City of Needles.

(Reserved)

§ 82.22.150 Development Standards within the Sphere of the City of Rancho Cucamonga.

(Reserved)

§ 82.22.160 Development Standards within the Sphere of the City of Redlands.

(Reserved)

§ 82.22.170 Development Standards within the Sphere of the City of Rialto.

(Reserved)

§ 82.22.180 Development Standards within the Sphere of the City of San Bernardino.

(Reserved)

§ 82.22.190 Development Standards within the Sphere of the City of Twentynine Palms.

(Reserved)

§ 82.22.200 Development Standards within the Sphere of the City of Upland.

(Reserved)

§ 82.22.210 Development Standards within the Sphere of the City of Victorville.

(Reserved)

§ 82.22.220 Development Standards within the Sphere of the City of Yucaipa.

(Reserved)

§ 82.23.010 Purpose.

(a) Purpose. Specific Plans, Community Plans and Area Plans may be established to allow the implementation of special development standards for specified areas.

(b) Intent. The intent is to ensure that the County’s approval of a proposed development in these specified areas is consistent with the standards as adopted for specific areas.

(Ord. 4011, passed - -2007)

§ 82.23.020 Adopted Community Plans.

(a) Available for Review. All adopted Community Plans are available for review at the Department and are posted on the Department web page (www.sbcounty.gov/landuseservices).

(b) Adopted Plans. The following symbols appear as a prefix on the land use zoning district maps to identify the various community plan areas that have been adopted by the Board:

(1) Valley Community Plans:

(A) Bloomington - BL

(B) Muscoy - MS

(2) Mountain Community Plans:

(A) Bear Valley - BV

(B) Crest Forest - CF

(D) Lake Arrowhead - LA

(E) Lytle Creek - LC

(F) Oak Glen - OG

(3) Desert Community Plans:

(A) Homestead Valley - HV

(B) Joshua Tree - JT

(D) Morongo Valley - MV

(E) Oak Hills - OH

(F) Phelan/Pinon Hills - PH

(Ord. 4011, passed - -2007)

§ 82.23.030 Adopted Specific Plans.

(a) Available for Review. Specific plans are adopted by the Board and shall be shown on the appropriate land use zoning district map with a Specific Plan (SP) Land Use Zoning District designation. All adopted Specific Plans are available for review at the Department and are posted on the Department web page (www.sbcounty.gov/landuseservices).

(b) Adopted Plans. The following symbols appear as a prefix on the land use zoning district maps to identify the various specific plan areas that have been adopted by the Board:

(1) Agua Mansa Industrial Corridor Specific Plan - AM

(2) Bloomington Business Park Specific Plan - BP

(3) Glen Helen Specific Plan - GH

(4) Kaiser Commerce Center Specific Plan - KC

(5) Hacienda at Fairview Valley Specific Plan - HF

(6) Speedway Commerce Center II Specific Plan - SC

(7) Valley Corridor Specific Plan - VC.

(Ord. 4011, passed - -2007; Am. Ord. 4245, passed - -2014; Am. Ord. 4319, passed - -2017; Am. Ord. 4448, passed - -2022; Am. Ord. 4450, passed - -2022)

§ 82.23.040 Adopted Area Plans.

(a) Available for Review. All adopted Areas Plans are available for review at the Department and are posted on the Department web page (www.sbcounty.gov/landuseservices).

(b) Adopted Plans. The following symbols appear as a prefix on the land use zoning district maps to identify the area plan that has been adopted by the Board: East Valley Area Plan (EV).

(Ord. 4011, passed - -2007)

§ 82.36.010 General Provisions.

Development standards, procedural regulations and other provisions of Title 8 shall apply to all projects within the Oak Hills Community Plan area except as noted in this Chapter.

(Ord. 4204, passed - -2013)

§ 82.36.020 Agricultural and Resource Management Land Use Zoning Districts.

(a) Minimum Area Designation. As outlined in Table 82-3 of Chapter 82.03.

(b) Allowed Uses and Permit Requirements. As outlined in Table 82-4 of Chapter 82.03.

(1) Oak Hills/Resource Conservation (OH/RC) Land Use Zoning District.

(A) Minimum Width: 150 feet.

(B) Minimum Depth: 150 feet.

(2) Oak Hills/Floodway (OH/FW) Land Use Zoning District. The provisions of § 82.03.070 plus the following additional provisions shall apply to all development within the OH/FW Land Use Zoning District:

(A) Site Design. The natural drainage courses should not be occupied or obstructed and should be left in their natural state as much as possible. Hard lined concrete facilities are discouraged; however rock slope protection may be used for erosion control.

(B) Road Crossings. Road crossings shall be designed to have minimal impact on the natural drainage courses.

(C) Boundaries. Where it has been demonstrated in a detailed drainage report that land within the Floodway Land Use District should not be restricted by the limitations of the Floodway designation, the boundary between the Floodway and the adjacent land use district shall be interpreted to be consistent with such report.

(d) Development Standards. As outlined in Table 82-5C of Chapter 82.03.

(Ord. 4204, passed - -2013)

§ 82.36.030 Residential Land Use Zoning Districts.

(a) Minimum Area Designation. As outlined in Table 82-6 of Chapter 82.04.

(b) Allowed Uses and Permit Requirements. As outlined in Table 82-7 of Chapter 82.04.

(c) Subdivision Standards. As outlined in Table 82-8C of Chapter 82.04, except as noted below for Oak Hills/Single Residential (OH/RS) Land Use Zoning District:

(1) Minimum Lot Size: The minimum lot size shall be 7,200 square feet. Within areas that contain significant environmental or topographic constraints, clustering of residential uses may be encouraged to preserve natural resources and mitigate environmental impacts. Maximum permitted density will be determined through the development review process, based upon environmental and infrastructure conditions.

(2) Minimum Width: 100 feet for subdivisions with parcels greater than or equal to one acre and 60 feet for subdivisions with parcels less than one acre.

(3) Minimum Depth: 100 feet for subdivisions with parcels of any size.

(d) Development Standards. As outlined in Table 82-9C of Chapter 82.04, except as noted below:

(1) Oak Hills/Rural Living (OH/RL) Land Use Zoning District. Side—Interior Setbacks: 15 feet.

(2) Oak Hills/Single Residential (OH/RS) Land Use Zoning District. Maximum coverage: 40 percent.

(Ord. 4204, passed - -2013)

§ 82.36.040 Commercial Land Use Zoning Districts.

(a) Minimum Area Designation. As outlined in Table 82-10 of Chapter 82.05, except the minimum area for the Oak Hills/Neighborhood Commercial (OH/CN) Land Use Zoning District designation shall be 2.5 acres.

(b) Allowed Uses and Permit Requirements. As outlined in Table 82-11 of Chapter 82.05.

(1) Oak Hills/Neighborhood Commercial (OH/CN) Land Use Zoning District.

(A) Minimum Lot Size: 2.5 acres. Minimum lot size can be less than two and one-half (2.5) acres if the subdivision application is filed concurrently with a Planned Development, Conditional Use Permit, or Department Review application.

(B) Minimum Width: 300 feet.

(D) Site Design. Site design should incorporate effective internal circulation for both vehicular and pedestrian traffic, as well as buffering if adjacent to residential uses.

(2) Oak Hills/General Commercial (OH/CG) Land Use Zoning District.

(A) Minimum Width: 300 feet.

(B) Minimum Depth: 300 feet.

(C) Site Design. Site design within general commercial use areas should include effective internal circulation, designed to minimize traffic impacts on adjacent arterial streets.

(D) Regional Commercial Uses. Regional commercial uses should have access from major highways or arterials, and be of a size and configuration to facilitate development of businesses attracting consumers from a regional market area. Minimum site area for a development project within a regional commercial area should be ten acres.

(d) Development Standards. As outlined in Tables 82-15A and 82-15B of Chapter 82.05, except as noted below:

(1) Oak Hills/Neighborhood Commercial (OH/CN) Land Use Zoning District.

(A) Maximum Lot Coverage: 40 percent.

(B) Side—Street Side Setback: 15 feet.

(2) Oak Hills/General Commercial (OH/CG) Land Use Zoning District.

(A) Maximum Lot Coverage: 60 percent.

(B) Floor Area Ratio (FAR): Maximum FAR (floor area/lot area): 1.20.

(Ord. 4204, passed - -2013)

§ 82.36.050 Industrial and Special Use Land Use Zoning Districts.

(a) Minimum Area Designation. As outlined in Table 82-16 of Chapter 82.06, except the minimum area for the Oak Hills/Special Development (OH/SD) Land Use Zoning District designation shall be ten acres.

(b) Allowed Uses and Permit Requirements. As outlined in Table 82-17 of Chapter 82.06. The allowed uses for the Special Development (SD) Land Use Zoning District shall be as outlined under Special Development-Residential (SD-RES).

(1) Oak Hills/Community Industrial (OH/IC) Land Use Zoning District.

(A) Minimum Width: 150 feet.

(B) Minimum Depth: 200 feet.

(C) Site Design. Where possible, industrial areas should be separated from residential areas by natural or artificial barriers, such as drainage courses, utility easements, railroad tracks, or major arterials. Adequate land use and design buffers to mitigate impacts of truck traffic, noise, emissions, and other potential land use conflicts, must be addressed through the design review process.

(2) Oak Hills/Institutional (OH/IN) Land Use Zoning District.

(A) Minimum Lot Dimensions Width to Depth Ratio: 1:4.

(B) Site Design. The boundaries of the Institutional Land Use District are intended to match the rights-of-way or easements for public utilities and interstate transportation corridors within the community plan area.

(3) Oak Hills/Special Development (OH/SD) Land Use Zoning District.

(A) Minimum Lot Area: 10 acres.

(B) Minimum Width: 400 feet.

(d) Development Standards. As outlined in Tables 82-21A and 82-21B of Chapter 82.06, except as noted below:

(1) Oak Hills/Community Industrial (OH/IC) Land Use Zoning District.

(A) Side—Street Side Setback: 15 feet.

(B) Floor Area Ratio (FAR): Maximum FAR (floor area/lot area): 0.97.

(2) Oak Hills/Institutional (OH/IN) Land Use Zoning District.

(A) Front Setback: 15 feet.

(B) Side—Street Side Setback: 15 feet.

(D) Maximum Lot Coverage: 70 percent.

(3) Oak Hills/Special Development (OH/SD) Land Use Zoning District.

(A) Front Setback: 15 feet.

(B) Side—Street Side Setback: 15 feet.

(C) Side—Interior Yard Setback. Only one side yard is required to provide for emergency access. If the adjacent property is not designated commercial or industrial, a side yard shall be required along that side of the property.

(D) Rear Yard Setback. A rear yard is required only when the adjacent property is not designated commercial or industrial.

(E) Floor Area Ratio (FAR): Maximum FAR (floor area/lot area): 1.20.

(F) Maximum Structure Height: 50 feet.

(Ord. 4204, passed - -2013)

San Bernardino County Unincorporated
City Zoning Code

DIVISION 2

LAND USE ZONING DISTRICTS AND ALLOWED LAND USES

CHAPTER 82.24: BEAR VALLEY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.25: BLOOMINGTON COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.26: CREST FOREST COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.27: HILLTOP COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.28: HOMESTEAD VALLEY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.29: JOSHUA TREE COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.30: LAKE ARROWHEAD COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.31: LUCERNE VALLEY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.32: LYTLE CREEK COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.33: MORONGO VALLEY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.34: MUSCOY COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.35: OAK GLEN COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

CHAPTER 82.37: PHELAN/PINON HILLS COMMUNITY PLAN

(Reserved)

(Ord. 4204, passed - -2013)

§ 82.01.010 Purpose.

This Chapter establishes the primary and overlay land use zoning districts applied to property within the County.

(Ord. 4011, passed - -2007)

§ 82.01.020 Land Use Plan and Land Use Zoning Districts.

(1) Agricultural and Resource Management Land Use Zoning Districts.

(C) FW (Floodway). The FW (Floodway) land use zoning district provides sites for animal keeping, grazing, crop production, and similar and compatible uses.

(D) OS (Open Space). The OS (Open Space) land use zoning district provides sites for open space and recreational uses, and similar and compatible uses.

(2) Residential Land Use Zoning Districts.

(A) RL (Rural Living). The RL (Rural Living) land use zoning district provides sites for rural residential uses, incidental agricultural uses, and similar and compatible uses.

(3) Commercial Land Use Zoning Districts.

(C) CO (Office Commercial). The CO (Office Commercial) land use zoning district provides sites for professional services, and similar and compatible uses.

(4) Industrial Land Use Zoning Districts.

(5) Special Purpose Land Use Zoning Districts.

(A) IN (Institutional). The IN (Institutional) land use zoning district provides sites for public and quasi-public uses facilities, and similar and compatible uses.

Table 82-1
Land Use Zoning Districts
Land Use Zoning District Symbol	Land Use Zoning District Name	Applicable Development Code Chapter/Section
Agricultural and Resource Management Land Use Zoning Districts
AG	Agriculture	82.03
RC	Resource Conservation	82.03
FW	Floodway	82.03
OS	Open Space	82.03
Residential Land Use Zoning Districts
RL	Rural Living	82.04
RS	Single Residential	82.04
RM	Multiple Residential	82.04
Commercial Land Use Zoning Districts
CR	Rural Commercial	82.05
CN	Neighborhood Commercial	82.05
CO	Office Commercial	82.05
CG	General Commercial	82.05
CS	Service Commercial	82.05
CH	Highway Commercial	82.05
Industrial Land Use Zoning Districts
IC	Community Industrial	82.06
IR	Regional Industrial	82.06
Special Purpose Land Use Zoning Districts
IN	Institutional	82.06
SD	Special Development	82.06
SP	Specific Plan	82.06

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009)

§ 82.01.030 Overlays.

(b) Purpose of Individual Overlays. The purpose of each overlay is described in Chapters 82.07 through 82.22.

(d) Allowed Land Uses, Permit Requirements, Development Standards. Except as may be otherwise provided by this Division for a specific overlay:

(1) Any land use normally allowed in the primary land use zoning district by this Division may be allowed within a overlay, subject to any additional requirements of the overlay;

(2) Development and new land uses within a overlay shall obtain the planning approvals required by this Division for the primary land use zoning district; and

Table 82-2
Overlays
Overlay Symbol	Overlay Name	Applicable Development Code Chapter/Section
Overlays
AA(1)	Additional Agriculture	82.07
AP(1)	Agricultural Preserve	82.08
AR(2)	Airport Safety	82.09
AH(2)	Alternate Housing	82.10
BR(2)	Biotic Resources	82.11
CP(2)	Cultural Resources Preservation	82.12
FS(2)	Fire Safety	82.13
FP(2)	Flood Plain Safety	82.14
GH(2)	Geologic Hazard	82.15
HW(2)	Hazardous Waste	82.16
MR(2)	Mineral Resources	82.17
NH(2)	Noise Hazard	82.18
OS(2)	Open Space	82.19
PR(2)	Paleontologic Resources	82.20
SC(1)	Sign Control	82.21
SS(3)	Sphere Standards	82.22
Notes:
(1) Included as a suffix to the land use designation on the Land Use Zoning District Maps.
(2) Not included on the Land Use Zoning District Map, but a separate map.
(3) Only applied to the city sphere of influence area designated in Chapter 82.22.