§ 85.03.020  Applications for Land Use Decisions.
   Applications for all land use decisions shall be made at the offices of the applicable review authority on forms supplied by the Department. Each application for a land use decision shall be accompanied by the information and materials deemed necessary to render the requested land use decision before the application is deemed complete and accepted for filing. Any application made under the provisions of this Development Code may be initiated by the Board or by any interested party unless otherwise indicated in this Development Code.
   The submission of a complete application for land use approval and the participation in and cooperation with the applicable application review process shall not nullify, excuse, or exonerate any violation of the San Bernardino County Code existing on the property or arising from the use of the property for which such application was made. Further, the submission of a complete application for land use approval and the participation in and cooperation with the applicable application review process shall not toll or bar any enforcement action taken by or on behalf of the County to correct or abate any violation of the San Bernardino County Code existing on the property or arising from the use of the property for which such application was made.
   (a)   Application Submittal.  Applications for all land use decisions shall be made at the offices of the applicable review authority on forms supplied by the Department.  Each application for a land use decision shall be accompanied by the information and materials deemed necessary to render the requested land use decision before the application is deemed complete and accepted for filing.  Any application made under the provisions of this Development Code may be initiated by the Board or by any interested party unless otherwise indicated in this Development Code.
   (b)   Submittal Shall Not Constitute a Waiver. The submission of a complete application for land use approval and the participation in and cooperation with the applicable application review process shall not nullify, excuse, or exonerate any violation of the County Code existing on the property or arising from the use of the property for which such application was made. Further, the submission of a complete application for land use approval and the participation in and cooperation with the applicable application review process shall not toll or bar any enforcement action taken by or on behalf of the County to  abate, remove, correct, or enjoin any violation of the County Code existing on the property or arising from the use of the property for which such application was made, whether said enforcement action is taken prior to, during, or after the application review process or prior to the granting of the appropriate land-use approval.
   (c)   Application Submittal Subsequent to an Enforcement Action.  Notwithstanding the authority to abate, remove, correct, or enjoin any violation of the County Code that is the subject matter of an application submitted subsequent to the initiation of any enforcement action, the Director may enter into an agreement with an applicant agreeing to stay the commencement or prosecution of an enforcement action.  Such agreement may allow an unpermitted use to temporarily continue while a decision on an application and/or appropriate land use approval is pending. Any agreement entered into under this Subdivision shall require the approval of the Director. The Director may grant the approval of an agreement under this Subdivision if the Director, in the exercise of his or her discretion, makes all of the following findings:
      (1)   The nature, type, and extent of the violation is not adversely affecting the environment, public health, safety, or welfare, and does not constitute a public nuisance for reasons independent of the applicant’s failure to first obtain the appropriate permit, license, and/or approval.
      (2)   The subject matter of the application is a permitted use within the land use zoning district, subject to approval of the pending application, and would not require an amendment to the General Plan.
      (3)   The applicant has demonstrated a willingness and ability to obtain the appropriate permit, license, and/or approval in a timely manner.
      (4)   Any structure(s) and/or the use or occupancy of any structure(s) that is the subject matter of the application meets applicable building regulations, as required for continued occupancy by Title 6 of this Code, and has not been declared unsafe or unfit for occupancy.
      (5)   There are no unpaid monetary fines, penalties, or liens issued or placed against the property, or any responsible party associated with the property, resulting from any past or current enforcement action by the County.
   (d)   Agreement Staying Enforcement. A decision on whether the Director should enter into an agreement pursuant to Subdivision (c) may require an investigation by appropriate County staff or agents working on behalf of the County to determine if an agreement is appropriate, and the County may establish and require payment of a fee for said investigation. Any decision made by the Director to approve or disapprove an agreement is final and a nonappealable administrative decision. All agreements approved by the Director shall be revocable in the event an applicant fails to abide by the terms of the agreement, fails to obtain approval to occupy the structure(s) and/or commence the proposed land use within 180 days after the final decision on the application, or to the extent the violation that is the subject of the enforcement action begins to adversely affect the environment, public health, safety or welfare, or constitute a public nuisance for reasons independent of the applicant’s failure to first obtain the appropriate permit, license, and/or approval. The Director may grant an extension of time if a written request for extension is submitted at least 30 days prior to the expiration date and the applicant demonstrates that circumstances beyond the control of the applicant prevent timely approval given the type of land-use approval required and the nature of the violation to be corrected.
(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4360, passed - -2019)