(a) Application. An application for a STR permit shall be submitted to the responsible department on a pre-approved form. The required content of the form may be revised from time to time, but at a minimum shall require the following:
(1) Property owner name and contact information.
(2) Applicant name and contact information, if different from the property owner.
(3) Address and Assessor's parcel number for the dwelling unit, to be used as a STR.
(4) Total square footage of the dwelling unit to be used as a STR.
(5) Total number of bedrooms to be used for overnight sleeping purposes.
(6) The name of the managing agency, agent, or property manager, if different from the property owner, and a telephone number at which that party may be immediately reached on a 24-hour basis.
(7) Acknowledgment that the permittee understands and agrees to operate the STR in compliance with the regulations and requirements set forth in this Chapter.
(8) A fee amount to cover the application and permit fee, as set forth in the San Bernardino County schedule of fees. If additional inspections or enforcement actions are required, then the owner or applicant may be required to pay for the additional services.
(b) Notification Requirements.
(1) The responsible department shall provide notice of the application to all surrounding property owners. The notice shall provide that comments may be submitted to the responsible department up to 20 calendar days after the date of said notice.
(2) The responsible department shall notify the applicant if the application is approved or denied including the applicable appeal provision. Notwithstanding § 86.06.020 (Effective Date of Permits), the effective date of the STR permit will be the first business day following a 30-day appeal period identified in Subsection (e). The responsible department shall also send notice to all surrounding property owners informing them that a permit was issued including the applicable appeal provision. This notice to surrounding property owners shall contain, at a minimum, the following information:
(A) The name of the managing agency, agent, property manager, or owner of the dwelling unit, and a telephone number at which that party may be immediately reached on a 24-hour basis;
(B) The phone number of the County's 24/7 short-term rental complaint line;
(C) The maximum number of occupants allowed in the dwelling unit;
(D) The maximum number of vehicles allowed to be parked on the property; and
(E) A web link to on-line information regarding STR permits.
(3) A STR owner shall be required to update the responsible department of any changes to the name of the managing agency, agent, or property manager of the dwelling unit, and a telephone number at which that party may be immediately reached on a 24-hour basis. An updated notice shall be required, at the cost of the STR owner, when necessary to update surrounding property owners of changes to the content required by Subsection (b).
(c) Operation During Application Process. Notwithstanding § 84.28.040 (Permit Required), while a new application for a STR permit is pending, a dwelling unit may be used as a STR provided that the dwelling unit has been permitted by a previous owner, there are no outstanding violations, and the new owner has applied for a permit within 30 days of taking title to the property pursuant to § 84.28.040(c).
(d) Application Denial. An application for a STR permit or renewal of a permit under this Chapter shall be denied by the responsible department upon one or more of the following grounds:
(1) The application is incomplete or the applicant has otherwise failed to comply with the requirements of this Chapter.
(2) The applicant or permittee provided material information that is false, which the applicant reasonably should have known to be incorrect, in the application for a permit under this Chapter.
(3) The STR or property is not in compliance with the standards of this Chapter or other applicable County Code provisions and has failed to pass the initial or renewal inspection.
(e) Applicant Appeals. An applicant may appeal the denial or conditional acceptance of an application for a STR permit. Such appeal must be in writing and submitted to the responsible department within 30 calendar days following the date of the notice provided pursuant to § 84.28.050(b)(2). When the thirtieth day is not a County business day, the time frame is extended to the next County business day following the thirtieth day. The appeal shall follow the procedure set forth in § 84.28.090
(c)(2).
(f) Non-Applicant Appeals. Non-applicants may appeal the granting of a new STR permit. All such appeals must be submitted to the responsible department within 30 calendar days following the date of the notice provided pursuant to § 84.28.050(b)(2). When the 30th day is not a County business day, the time frame is extended to the next County business day following the 30th day. The grounds for such appeal are limited to the claim that past use of the property as a STR has not complied with one or more requirements of §§ 84.28.060(b) through (c), or § 84.28.070, or that, based on competent evidence, any prospective use for such purpose will likely not comply with one or more of such requirements. Such appeal shall be heard in the same manner as specified in § 84.28.090(c)(2). The applicant shall be provided notice of the hearing. If the appellant prevails in the appeal, then the applicant's application shall be deemed to be denied and such decision shall be the final decision of the County. No further appeal shall be available at the administrative level.
(g) Permit Renewal. A STR permit shall be renewed annually. Permit renewal shall be approved if the current conditions of operation and other standards in this Chapter have been met, the subject property passes the renewal inspection, and the applicable renewal and permit fees as set forth in the San Bernardino County Code schedule of fees are paid. Renewal payments submitted after permit expiration are subject to a delinquent fee pursuant to the schedule of fees. Continued use of a STR is prohibited following permit expiration until renewal payment, including any delinquent fee, has been received by the County. Failure to submit renewal payment within 45 calendar days of permit expiration, including any delinquent fee, shall result in expiration of the STR permit. The STR owner shall be required to submit a new application, pay the applicable new permit application fee, and be subject to the application process as set forth beginning in Subsection (a) above.
(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019; Am. Ord. 4400, passed - -2021; Am. Ord. 4439, passed - -2022)