Title 8 of the San Bernardino County Code shall be known as the San Bernardino Development Code, hereafter referred to as “this Development Code.”

(Ord. 4011, passed - -2007)

   The purpose of this Development Code is to implement the San Bernardino General Plan by classifying and regulating the uses of land and structures within unincorporated San Bernardino County; by preserving and protecting the County’s important agricultural, cultural, natural, open space and scenic resources; and by protecting and promoting the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the County. More specifically, the purposes of this Development Code are to:

   (a)   Provide standards and guidelines for the continuing orderly growth and development of the County that will assist in protecting the character and identity of San Bernardino County and its distinct communities;

   (b)   Conserve and protect the County’s important agriculture, cultural, natural, open space and scenic resources;

   (c)   Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, drainage/flood control and other public facilities and utilities;

   (d)   Encourage the most appropriate uses of land in order to prevent overcrowding of land and avoid undue concentration of population, and maintain and protect the value of property; and

   (e)   Ensure compatibility between different types of development and land use.

(Ord. 4011, passed - -2007)

   The Development Code is enacted based on the authority vested in the County of San Bernardino by the State of California, including but not limited to:

   (a)   Local Ordinances and Regulations (California Constitution, Article XI, § 7)

   (b)   Planning and Zoning Law (Government Code §§ 65000 et seq.)

   (c)   Airport Approaches Zoning Law (Government Code §§ 50485 et seq.)

   (d)   Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code §§ 2621 et seq.)

   (e)   California Environmental Quality Act (Public Resources Code §§ 21000 et seq.)

   (f)   Desert Native Plants Act (Food and Agricultural Code §§ 80001 et seq.)

   (g)   Land Conservation Act of 1965 (Williamson Act) (Government Code §§ 51200 et seq.)

   (h)   Mobilehome Parks Act (Health and Safety Code §§ 18200 et seq.)

   (i)   Subdivision Map Act (Government Code §§ 66410 et seq.)

   (j)   Surface Mining and Reclamation Act of 1975 (Public Resources Code §§ 2710 et seq.)

   (k)   Z’berg-Nejedly Forest Practice Act of 1973 (Public Resources Code §§ 4526 et seq.)

(Ord. 4011, passed - -2007)

   This Development Code shall be administered by the County Board of Supervisors, the Planning Commission, the Director of Land Use Services, the Land Use Services Department, and any other departments, groups, or individuals identified in this Development Code in compliance with Title 1 (Government and Administration) of the County Code and in this Development Code, particularly Division 6 (Development Code Administration).

(Ord. 4011, passed - -2007)

   This Development Code applies to all land, land uses, activities, structures, subdivisions, and development within the unincorporated areas of the County of San Bernardino, as provided by this Section.

   (a)   New Land Uses or Structures, Changes to Land Uses or Structures. Compliance with the requirements of this Development Code is necessary in order for a person to lawfully establish, occupy, maintain, construct, reconstruct, alter, expand or replace any pertinent use of land or structure.

   (b)   Issuance of Building or Grading Permits. The Building Official may only issue building, grading, or other construction permits after all applicable requirements of this Development Code, and all other applicable statutes, ordinances and regulations have been met.

   (c)   Subdivision of Land. Any subdivision of land proposed within the County shall be consistent with:

      (1)   The minimum lot size requirements of Tables 82-4A, B, and C (Agricultural and Resource Management Land Use Zoning District Minimum Lot Size), Tables 82-8A, B, and C (Residential Land Use Zoning District Minimum Lot Size), Tables 82-12A, B, and C (Commercial Land Use Zoning District Minimum Lot Size), and Tables 82-18A, B, and C (Industrial and Special Purpose Land Use Zoning District Minimum Lot Size);

      (2)   Division 9 (Subdivisions); and

      (3)   All other applicable requirements of this Development Code.

   (d)   California Environmental Quality Act (CEQA). All development projects subject to discretionary review shall also be subject to environmental review in compliance with the California Environmental Quality Act (CEQA).

   (e)   Effect of Development Code. An existing land use is lawful only when it was legally established in compliance with all regulations applicable at the time the use was established and when it is operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 84.17 (Nonconforming Uses and Structures).

   (f)   Relationship to General Plan. All of the provisions of this Development Code, as well as any land use authorized by this Development Code, shall be consistent with the San Bernardino County General Plan, which is the overall policy document of the County, hereafter referred to as the “General Plan.” This Development Code and the Land Use Map portion of the General Plan are the primary tools used by the County to implement the goals, objectives, policies, and strategies established in the General Plan.

   (g)   Relationship to Other Regulations, Easements, Etc. Where this Development Code imposes a greater restriction upon the uses or design of structures or land, or upon the height of structures, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this Development Code shall control.

   (h)   Minimum Requirements. The provisions of this Development Code constitute minimum requirements for the promotion of public health, safety, and welfare, unless stated otherwise (for example, height limits and parcel coverage requirements for structures, and the numbers and sizes of signs allowed are maximums, not minimums). When this Development Code provides for discretion on the part of a County official or body, that discretion may be exercised to impose more stringent requirements where they are deemed necessary to promote public health and safety, orderly land development and all other purposes of this Development Code.

   (i)   Conflicts with Development Code or General Plan. County-issued licenses or permits for uses or structures that conflict with the provisions of this Development Code or the General Plan shall be null and void and shall not support any claim to a vested right to develop. See also § 81.02.020 (Rules of Interpretation).

   (j)   Uses or Activities Exempt under State or Federal Law. The provisions of this Development Code shall not apply to any uses or activities that are exempt from local regulation under or preempted by State or Federal law.

   (k)   Other Requirements May Apply. Nothing in this Development Code eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the County Code or complying with the regulations of any County department, or any regional, Special Districts, State, or Federal agency.

(Ord. 4011, passed - -2007)

   If any division, chapter, section, subdivision, sentence, clause, phrase or portion of this Development Code is for any reason held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this Development Code. The Board of Supervisors hereby declares that it would have adopted this Development Code and each division, chapter, section, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more portions of this Development Code may be declared invalid, unconstitutional, or unenforceable.

(Ord. 4011, passed - -2007)

   (a)   Applicant’s Agreement to Indemnify and Hold Harmless. As a condition of approval of a land use application, the applicant shall agree to defend, indemnify, and hold harmless the County or its agents, officers, and employees from any claim, action, or proceeding against the County or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County, an advisory agency, appeal board or legislative body concerning the map or permit or any other action relating to or arising out of County approval.

   (b)   County’s Duty to Notify Applicant and Cooperate in Defense. Any condition of approval imposed in compliance with this Development Code shall include a requirement that the County act reasonably to promptly notify the applicant of any claim, action, or proceeding and that the County cooperate fully in the defense.

(Ord. 4011, passed - -2007)

   The headings of the divisions, chapters, sections, subdivisions, and clauses of this Development Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of this Development Code or any of its provisions.

(Ord. 4011, passed - -2007)

   The adoption of a General Plan or the enactment of this Development Code, or any amendment to either, may have the effect of imposing different standards on a new land use than those that applied to existing development. (For example, this Development Code or a future amendment could require more off-street parking spaces for a particular land use than former regulations.) The following provisions determine how the General Plan with an effective date of April 12, 2007, and the requirements of this Development Code will apply to a development project that is in progress at the time the General Plan or the Development Code goes into effect.

   (a)   Projects with Pending Applications. Applications that have been accepted as complete, in compliance with State law (Government Code § 65943), by the Department before April 12, 2007, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Also, applications that have been submitted to the Land Use Services Department that could be accepted as compete but for additional reports required to make an environmental determination for the project, shall be processed in compliance with the regulations and requirements in effect at the time the application was filed if all required reports are submitted by July 11, 2007. However, applications for extensions of time shall be governed by this Development Code.

   (b)   Land Use Permits Approved on or Before April 12, 2007. If a land use permit, not including a land use zoning district change or General Plan amendment, is approved on or before April 12, 2007, in the case of the General Plan or on or before April 12, 2007, in the case of this Development Code, the following shall apply:

      (1)   The establishment of structures and land uses shall be allowed in compliance with the requirements of the land use permit provided that:

         (A)   The structures and uses are consistent with the General Plan and Development Code in existence at the time of the land use permit approval; and

         (B)   The land use permit has not expired.

      (2)   A Building Permit, Grading Permit, or other development permit may be granted, provided that:

         (A)   The structures and uses are consistent with the General Plan and Development Code in existence at the time of the land use permit approval; and

         (B)   The land use permit has not expired.

      (3)   The establishment of structures and land uses shall be exempt from the two following requirements, provided that the structures and land uses comply with the provisions of the approved land use permit:

         (A)   The structures or land uses must be allowed in the currently applicable land use zoning district; and

         (B)   The structures or land uses must meet the currently applicable development standards contained in this Development Code;

   (c)   Building Permits Approved on or Before April 12, 2007.

      (1)   Building permits for structures or land uses (other than single-family residential uses), for which land construction plans have been submitted and fees paid on or before April 12, 2007, shall be exempt from the two following requirements; provided, however, that the proposed land use must be of the same fundamental land use category (i.e., multi-family residential, commercial, industrial, agricultural) as that designated in the General Plan:

         (A)   The structures or land uses must be allowed in the currently applicable land use zoning district; and

         (B)   The structures or land uses must meet the currently applicable development standards contained in this Development Code.

      (2)   Building permits issued under this Subdivision (b) shall be issued on or before April 12, 2007.

   (d)   Modifications. Significant modifications to the land uses and structures permitted in compliance with Subdivisions (a) and (b), above, shall not be permitted without full compliance with the currently applicable General Plan and this Development Code:

   (e)   Extension of Permit Expiration Dates. The expiration date of land use permits, other than land use zoning district changes or General Plan amendments, which were approved on or before April 12, 2007, may be extended under § 86.06.060 (Time Limits and Extensions) for the period which would otherwise be allowed under that Section, but in no event beyond April 12, 2007, without satisfying the requirement that extensions be found consistent with the General Plan as is required under § 86.06.060 (Time Limits and Extensions). This Subdivision shall apply only to those approvals that expire between March 13, 2007 and April 12, 2007. Applications that are found to be consistent with the then applicable General Plan may be granted the maximum extension allowed under this Development Code without regard to the above limitations.

   (f)   Subdivision Maps. Subdivision maps shall be processed in compliance with the Subdivision Map Act.

(Ord. 4011, passed - -2007)

   This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the General Plan.

(Ord. 4011, passed - -2007)

   (a)   Authority. The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Development Code, subject to appeal to the Commission in compliance with Chapter 86.08 (Appeals).

   (b)   Permissive Code. In the interpretation and application of the provisions of this Development Code, it shall be declared to be a permissive code. Any use not specifically allowed shall be prohibited, except as otherwise provided in § 82.02.030 (Allowed Land Uses and Planning Permit Requirements) or in § 82.02.040 (Exemptions from Planning Permit Requirements).

   (c)   Language.

      (1)   Abbreviated Titles and Phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel and decision-making bodies are shortened in this Development Code. The County of San Bernardino is referred to hereafter as the “County.” The Land Use Services Department is referred to as the “Department.” The County Director of Land Use Services is referred to as the “Director.” The Board of Supervisors is referred to as the “Board.” The Planning Commission is referred to as the “Commission.” The State of California is referred to as the “State.” The County of San Bernardino Code is referred to as “the County Code.” The California Subdivision Map Act is referred to as the “Map Act.”

      (2)   Terminology. When used in this Development Code, the words “shall,” “will,” “is to,” and “are to” are always mandatory. “Should” and “encourage” are not mandatory but are strongly recommended; “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “include,” “includes,” and “including” mean “including but not limited to . . ..” The terms “amend,” “modify,” and “revise,” all mean “to change.” The term “waive” means “to eliminate a requirement.” The use of the word “approval” includes approval with conditions. The use of the words “appropriate” or “applicable” means “as determined by the applicable Review Authority, or if not identified, by the Director.” The word “structure” includes “buildings and/or structures.”

      (3)   Number of Days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the County is not open for business, except as otherwise provided for by the Map Act.

      (4)   State Law Requirements. Where this Development Code references applicable provisions of State law (for example, the California Government Code, Map Act, Public Resources Code, etc.), the reference shall be interpreted to be the applicable State law provisions as they may be amended from time to time.

   (d)   Calculations - Rounding. Where provisions of this Development Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subdivision.

      (1)   Number of Lots. The fractional/decimal results of calculations of the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number.

      (2)   Residential Density. The fractional/decimal results of calculations of the number of housing units allowed within a land use zoning district shall be rounded down to the next lowest whole number.

      (3)   All Other Calculations. Unless otherwise specifically addressed in this Development Code, for all calculations required by this Development Code other than those described in Subdivisions (1) and (2), the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

   (e)   Conflicting Requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved as follows.

      (1)   Development Code Provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, except in case of any conflict between the land use zoning district regulations of Division 2 (Land Use Districts and Allowable Land Uses) and the provisions of Division 3 (Countywide Development Standards), the provisions of Division 3 shall control.

      (2)   Development Agreements or Specific Plans. In the event of any conflict between the requirements of this Development Code and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall control.

      (3)   County Code Provisions. In the event of any conflict between requirements of this Development Code and other regulations of the County, the most restrictive requirement shall control.

      (4)   Mitigation Measures. In the event of any conflict between the requirements of this Development Code and mitigation measures adopted as part of a certified environmental impact report or approved negative declaration, the most restrictive shall control.

   (f)   Interpretation of Land Use District Boundaries.

      (1)   If there is uncertainty about the location of any primary or overlay land use district boundary shown on the Land Use Plan or sectional Land Use District Maps, the location of the boundary shall be determined by the Director as follows:

         (A)   Where a district boundary approximately follows a lot, alley, or street line, the lot line and street and alley centerlines shall be construed as the district boundary.

         (B)   In unsubdivided property, and where a district boundary divides a parcel and the boundary line location is not specified by dimensions printed on the land use district map, the location of the boundary will be determined by using the scale appearing on the map.

         (C)   Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to the vacated or abandoned street or alley.

      (2)   If the Director determines that the above rules do not resolve uncertainty about a boundary location, the Commission shall determine the location of the boundary.

   (g)   Illustrations. The figures, diagrams and other graphics used throughout this Development Code are for illustration purposes only and to the extent any are in conflict with the written provisions, the written provisions shall govern.

(Ord. 4011, passed - -2007)