1 7
6 4
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Mary Lanier, Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Extending the City’s Deadline to Establish an Online Permitting System for Post-entitlement Phase Permits
in Accordance with State Law (All Wards)
Recommendation:
Adopt Resolution No. 2023-190 of the Mayor and City Council of the City of San Bernardino, California, extending the deadline to establish an online permitting system for post-entitlement phase permits under California Government Code Section 65913.3.5 (Assembly Bill 2234).
Executive Summary
Recent legislation through Assembly Bill 2234 includes provisions for cities to provide an online permitting system for post-entitlement permits, including building permits, demolition, and grading permits by January 1, 2024. The City’s permitting software does provide for online permits and therefore the City cannot implement online services by the January 1 st deadline. Therefore, the City is proposing to extend the establishment of the online system to January 1, 2026.
To qualify for this extension, the City must either have financial constraints or have engaged a consultant to implement an online system.
The City has engaged a consultant, Client First, to study the City’s departments and permitting needs with the next step to solicit proposals for permitting software firms to implement a full services system that will include an online permitting component. This effort qualifies the City for the extension.
1 7
6 4
Background
California Assembly Bill 2234 (“AB 2234”) took effect on January 1, 2023. AB 2234 added sections 65913.3 and 65913.3.5 to the Government Code and, most notably, extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post-entitlement phase permit” applications for housing development projects.
Under AB 2234, post-entitlement phase permits are all nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a development that will be at least two-thirds residential. Examples of post-entitlement phase permits include but are not limited to: (i) building permits; (ii) permits of minor or standard off-site improvements; (iii) permits for demolition; or (iv) permits for minor or standard excavation and grading.
AB 2234 imposes numerous requirements on a local agency’s review and processing of a post-entitlement phase permit application, including: (1) posting application checklists and examples online; (2) time limits to determine whether an application is complete; (3) time limits to approve or deny an application; (4) providing an applicant with the right to appeal the local agency’s decision; and (5) implementing an online permitting system.
This item before the City Council this evening concerns item (5) above, AB 2234’s online permitting system requirement.
Discussion
Among other things, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete, and retrieve post-entitlement phase permits. Local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement.
For local agencies in counties with a population of 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (i) January 1, 2024, if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (ii) January 1, 2028, for all local agencies not covered by (1). The City of San Bernardino is subject to the January 1, 2024, deadline because its population is greater than 75,000, and it is located in San Bernardino County with a population exceeding 1.1 million people.
AB 2234 authorizes any local agency subject to the January 1, 2024 deadline to give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement. 1 7
6 4
Implementing an online permitting system by the January 1, 2024, deadline would present several financial and logistical burdens for the City that, in turn, would require a substantial increase in permitting fees. These include the fact that the City has limited staff resources and will need to contract to implement an online permitting system. On May 4, 2022, the City engaged Client First, through its procurement process to evaluate its permitting systems and department needs, including creating an online permitting system. The next step is to solicit proposals from software firms to implement a permitting system. The timeframe is approximately twenty-four months.
The resolution attached as Attachment 1 makes the requisite findings and, if adopted by the City Council, will extend the City’s deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026. As required by AB 2234, the resolution also includes direction to staff to continue the procurement process necessary to comply with this requirement. This process will be conducted in accordance with state law and the City’s applicable procurement policies.
For the reasons provided above, the staff recommends that the City Council adopt the attached resolution.
Environmental Impact
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines, adopting the resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
2021-2025 Strategic Targets and Goals
Adopting Resolution No. 2023-190 to extend the City’s deadline aligns with Mayor and City Council Strategic Target No. 1: Economic Growth & Development. The City having more time to properly implement an online permitting process will facilitate economic growth and development as permit reviews will become more streamlined and efficient.
Fiscal Impact
There is no fiscal impact to the General Fund with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-190 of the Mayor and City Council of the City of San Bernardino, California, extending the deadline to establish an online permitting system for post-entitlement phase permits under California Government Code Section 65913.3.5 (Assembly Bill 2234).
Attachments
Attachment 1 Resolution No. 2023-190
1 7
6 4
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A