Resolution No. 2023-190
Resolution No. 2023-190
December 6, 2023
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RESOLUTION NO. 2023-190
A RESOLUTION OF THE 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 (AB 2234)
WHEREAS, California Assembly Bill 2234 (“AB 2234”) added sections 65913.3 and 65913.3.5 to the Government Code and took effect on January 1, 2023; and WHEREAS, AB 2234 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; and
WHEREAS, under AB 2234, a “post-entitlement phase permit” includes all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential. Examples include, among other things, building permits, demolition permits, and permits for minor or standard excavation and grading; and
WHEREAS, in addition to above, 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); and WHEREAS, for local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (1) 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 (2) January 1, 2028 for all local agencies not covered by (1); and
WHEREAS, the City of San Bernardino (“City”) is subject to the January 1, 2024 deadline because it has a population greater than 75,000 and it is located in San Bernardino County which has a population greater than 1.1 million people; and WHEREAS, any local agency subject to the January 1, 2024 deadline may 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; and
Resolution No. 2023-190
Resolution No. 2023-190
December 6, 2023
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WHEREAS, the City desires to extend its deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026; and WHEREAS, the City already executed a contract with Client First on May 4, 2022, to evaluate the department's permitting needs and to assist with soliciting software firms to create an online permitting system, which was completed through an open procurement process.
NOW, THEREFORE, the City Council of the City of San Bernardino does hereby resolve as follows:
SECTION 1.Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. The City Council hereby finds that the adoption of this 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.
SECTION 3. AB 2234 Findings; Direction to Staff. In accordance with Government Code section 65913.3.5(a)(2)(A)-(B):
1.Substantial Increase in Permitting Fees. The City Council hereby finds that implementing an online permitting system by January 1, 2024 would require substantial increases in the City’s permitting fees because the City has limited staff resources and will need to contract for implementing an online permitting system.
2.Initiation/Continuation of Procurement Process. The City Council hereby directs staff to initiate and/or continue with the procurement process necessary to comply with AB 2234’s online permitting system requirements. Such process shall be in accordance with state law and the City’s applicable procurement policies.
SECTION 4. Extension. The City Council hereby elects to extend its deadline to implement an online permitting system to January 1, 2026.
SECTION 5. Effective Date. This resolution shall become effective immediately upon its adoption.
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Resolution No. 2023-190
Resolution No. 2023-190
December 6, 2023
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SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
APPROVED AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December, 2023.
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Helen Tran, Mayor
City of San Bernardino
ATTEST
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Genoveva Rocha, CMC, City Clerk
APPROVED AS TO FORM
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Sonia Carvalho, City Attorney
Resolution No. 2023-190
Resolution No. 2023-190
December 6, 2023
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-190, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of December 2023.
Genoveva Rocha, CMC, City Clerk