§ 84.28.050  Application Process.
   (a)   Application.  An application for a short-term residential rental unit 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 property containing the single-family dwelling unit, accessory dwelling unit or other permitted structure to be used as a short-term residential rental unit.
      (4)   Total square footage of the single-family dwelling unit, accessory dwelling unit or other permitted structure to be used as a short-term residential rental unit.
      (5)   Total square footage of habitable space 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 property owner and applicant have read and understand this Chapter.
      (8)   A fee amount to cover an initial inspection and one additional inspection, as set forth in the schedule of fees in Division 6 of Title 1 of the County Code. If further additional inspections are required, then the owner or applicant shall be required to pay additional inspection fees.
   (b)   Notification Requirements.
      (1)   The responsible department shall provide notice of the application to all potentially affected property owners in the following circumstances:
         (A)   The application is submitted as a result of the issuance of a notice of violation due to the advertising of a dwelling unit for short-term residential rental use or use of a property as a short-term residential rental unit without a short-term residential rental unit permit.
         (B)   During the processing of the application, the responsible department is made aware of circumstances that would lead it to reasonably believe that the property has been used in violation of this Chapter, including but not limited to that the property was used as a short-term residential rental unit without a short-term residential rental unit permit.
      (2)   If there are additional costs to the County in providing notice to all potentially affected property owners, the cost of the permit application shall be changed to allow the County to recover those costs.  The notice shall provide that comments may be submitted to the responsible department up to 20 calendar days after the date of said notice.
      (3)   The responsible department shall notify the applicant if the application is approved or denied at the applicant’s mailing address as shown on the most recent application or otherwise filed with the responsible department.  Within 7 calendar days of the issuance or renewal of a short-term residential rental permit, the responsible department shall send notice to all potentially affected property owners that a permit was issued.  This notice shall contain, at a minimum, the following information:
         (A)   The name of the managing agency, agent, property manager, or owner of the 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 unit;
         (D)   The maximum number of vehicles allowed to be parked on the property.
   (c)   Operation During Application Process.  Notwithstanding § 84.28.040, while a new application for a short-term residential rental unit permit is pending, a dwelling may be used as a short-term residential rental unit provided that the unit has passed a physical inspection by the County and otherwise complies with the requirements of §§ 84.28.060 and 84.28.070 and any applicable requirements set forth in Chapter 1 of Division 3 of Title 6 and Chapter 19 of Division 3 of Title 6 of the County Code and other law.
   (d)   Application Denial.  An application for a short-term residential rental unit 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 was knowingly incorrect, or provided material information that the applicant should have reasonably known was incorrect, in the application for a permit under this Chapter.
      (3)   The short-term residential rental unit 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 short-term residential rental permit.  Such appeal must be in writing and submitted to the responsible department within ten days of the date of the notice provided pursuant to § 84.28.050(b)(3).  When the tenth day is not a County business day, the time frame is extended to the second consecutive County business day following the tenth day.  The appeal shall follow the procedure set forth in § 84.28.090(c).
   (f)   Affected Property Owners’ Appeals.  Potentially affected property owners may appeal the granting of a new short-term residential rental unit permit.  All such appeals must be submitted to the responsible department within ten days of the date of the notice provided pursuant to § 84.28.050(b)(3).  When the tenth day is not a County business day, the time frame is extended to the second consecutive County business day following the tenth day.  The ground for such appeal is limited to the claim that past use of the property as a short-term residential rental unit has not complied with one or more requirements of §§ 84.28.060(b) through (d), 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).  The applicant shall be provided notice of the hearing.  If the potentially affected property owner 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.  The short-term residential rental unit permit shall be renewed biennially.  Permit renewal shall be approved if the current conditions of operation and other standards in this Chapter have been met, the subject property, residential dwelling unit, and other structures or improvements on the property pass the renewal inspection, and the applicable renewal fee as set forth in the San Bernardino County Code schedule of fees is paid.  Renewal payments submitted after permit expiration are subject to a delinquent fee pursuant to the schedule of fees.  Continued use of a short-term residential rental unit 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 days of permit expiration, including any delinquent fee, shall result in closure of the short-term residential rental unit permit.  The short-term residential rental unit owner shall be required to submit a new application, pay the applicable new permit application fee, and be subject to the application process in Subdivision (a) above.
(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4371, passed - -2019)