Ordinance No. MC-1674
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ORDINANCE NO. MC-1674
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 26-14,
ADDING A NEW CHAPTER 19.21 TO THE SAN
BERNARDINO DEVELOPMENT CODE ESTABLISHING
PROCEDURES FOR EXPEDITING PERMITTING
PROCESSING FOR ELECTRIC VEHICLE CHARGING
SYSTEMS AND HYDROGEN FUEL-CELL FUELING
STATIONS IN COMPLIANCE WITH STATE LAW; AND
FINDING THAT DEVELOPMENT CODE AMENDMENT 26-
14 IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Bernardino, California (“City”) is a charter city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, California Government Code Section 65850.7 requires cities and counties to regulate and permit electrical vehicle (“EV”) charging stations and hydrogen fuel-cell fueling stations through a streamlined building permit process; and WHEREAS, the City’s Municipal Code (SBMC) does not currently address electric vehicle (“EV”) charging stations and hydrogen fuel-cell fueling stations through a streamlined building permit process; and
WHEREAS, the State of California adopted Assembly Bill (“AB”) 1236 and its companion AB 970, which mandate “by-right” administrative approval and strict timelines for local review to reduce barriers to EV charging infrastructure installations; and WHEREAS, AB 1236 requires every city and county in California to adopt an expedited and streamlined permitting process for EV charging stations and hydrogen fuel-cell fueling stations to support broader EV deployment goals; and
WHEREAS, AB 970 builds on California’s earlier EV charging permit streamlining law (AB 1236) by establishing specific deadlines for local jurisdictions to process electric vehicle charging station permit applications and tying automatic application approval to jurisdiction inaction; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s / County’s reliance on environmentally damaging fossil fuels; and WHEREAS, the City of San Bernardino has a checklist of all requirements needed for expedited review posted on the city’s website; and
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WHEREAS, adoption of this ordinance will bring the City of San Bernardino in compliance with State regulations;
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that recommending approval of Development Code Amendment 26-14 and this Ordinance No. MC-1662 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15308.
SECTION 3. Finding of Facts – Chapter 19.21
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment DCA 26-14 is consistent with the General Plan in that permitting electric vehicle charging stations and hydrogen vehicle fueling stations in the City with specific objective development standards, is consistent with the goals and polices of the City of San Bernardino Circulation and Natural Resources and Conservation Elements, specifically:
Policy 12.6 – Reduce the amount of vehicular emissions in San Bernardino.
The City Council acknowledges and finds the proposed Development Code Amendment to permit electric vehicle charging stations and hydrogen fueling stations by-right is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the proposed Development Code Amendment includes appropriate development standards to ensure that the permitted stations meet all City public health and safety standards including Building and Safety Codes.
Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact: The adoption and implementation of a Development Code Amendment that establishes procedures for expediting permitting processing for electrical vehicle charging systems and hydrogen fuel-celling stations promotes the development of these facilities within the City and the region as a whole and has a cumulative impact of reducing emissions in a county known for warehouses and trucking activities.
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SECTION 3. Adoption of Ordinance. Development Code Amendment 26-14 adding Chapter 19.21 to the City of San Bernardino Municipal Code (Title 19) in compliance with state law is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 4. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 26-14.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 6. Effective Date. This Ordinance takes effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of October, 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Albert Maldonado, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1674, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held at the 7
th
day of October, 2026. Ordinance No. MC-1674 was approved, passed and adopted at a regular meeting held the 21st day of October, 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 22nd day of October 2026.
Telicia Lopez, CMC, City Clerk