Hydrogen Vehicle Fueling Stations
San Diego Municipal Code § 141.0804
in effect§141.0804 Hydrogen Vehicle Fueling Stations
Hydrogen vehicle fueling stations are facilities that contain equipment and structural design components necessary to ensure the safety of hydrogen vehicle fueling stations, including hydrogen-refueling canopies, that are used to store and dispense hydrogen fuel to vehicles, according to industry codes and standards, that are open to the public.
Hydrogen vehicle fueling stations are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the following regulations. The regulations are intended to facilitate the use of hydrogen vehicle fueling stations, to comply with state requirements for timely administrative approvals, and allow an applicant to appeal a denial of an application of a construction permit for a hydrogen vehicle fueling station.
(a) A construction permit decided in accordance with Process One shall be required for the installation of a hydrogen vehicle fueling station with a deemed complete application submitted prior to January 1, 2030.
(1) The construction permit application shall be submitted in accordance with Sections 112.0102 and 129.0105.
(2) Within a planned district, subject to Chapter 15 of the Land Development Code, a separate Planned District Ordinance Permit shall not be required in addition to the construction permit required under Section 141.0804.
(b) In reviewing the construction permit, the Building Official shall evaluate whether the hydrogen vehicle fueling station meets all applicable health and safety requirements of local, state, and federal law and shall apply the following regulations:
(1) A hydrogen vehicle fueling station shall meet all the following, as applicable:
(A) Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories; and
(B) Any rules established by the California Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.
(2) Existing landscaping shall not be removed if it is required under the Landscape Regulations (Chapter 14, Article 2 Division 4), unless it is replaced with equivalent or greater landscape elsewhere on the premises.
(3) The applicant shall demonstrate that a hydrogen vehicle fueling station on private property will accommodate a vehicle to be fueled while parked without protruding into the public right-of-way.
(4) Street frontage, setback, and driveway requirements shall be consistent with Sections 141.0801(c) through 141.0801(e).
(5) The premises of a hydrogen vehicle fueling station shall not contain any residential uses.
(6) Notwithstanding the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), a hydrogen vehicle fueling station may be permitted on a premises that was previously developed with an automobile service station.
(7) A hydrogen vehicle fueling station may be an accessory use for an automobile service station in accordance with Section 141.1801.
(c) The Building Official shall approve, in accordance with Process One, the hydrogen vehicle fueling station unless the Building Official determines there is substantial evidence of a specific, adverse impact upon the public health or safety, which for the purpose of Section 141.0408(c) means a significant quantifiable, direct, and unavoidable impact based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and there is no feasible method or alternative to satisfactorily mitigate or avoid the specific, adverse impact.
(d) If the Building Official determines that the proposed hydrogen fueling station could have a specific, adverse impact upon the public health or safety, then the Building Official shall make written findings notifying the applicant that the construction permit for the hydrogen vehicle fueling station is denied, the basis for that denial, and the appeal rights set forth in Section 141.0408(e).
(e) Notwithstanding Section 112.0502, an applicant may appeal the denial of an application for a construction permit for a hydrogen vehicle fueling station to the Planning Commission by filing an application for an appeal hearing with the City Manager no later than 10 business days after the decision date. The applicant shall be responsible for all administrative costs associated with processing the appeal.
(f) The application shall include the contents for appeal identified in Section 112.0510(a).
(1) Grounds for Appeal. A denial may only be appealed on the grounds that the stated findings to deny the construction permit are not supported by substantial evidence.
(2) Scheduling an Appeal Hearing. The City Manager shall assign a date for an appeal hearing before the Planning Commission no later than 30 calendar days after the date on which an application for the appeal hearing is filed with the City Manager.
(3) Power to Act on the Decision at Appeal Hearing. The Planning Commission may affirm, reverse, or modify the decision to deny a construction permit for a hydrogen vehicle fueling station in accordance with the following:
(A) A decision to affirm the Building Official decision requires a finding based on substantial evidence in the record that the proposed hydrogen vehicle fueling station would have a specific, adverse impact upon the public health or safety and there is no feasible or alternative method to satisfactorily mitigate or avoid the specific, adverse impact. In addition, the finding shall include the basis for rejection of potential alternatives to prevent the adverse impact.
(B) If the Planning Commission determines that there is no substantial evidence in the record that the proposed hydrogen vehicle charging station would have a specific, adverse impact upon the public health or safety, then the decision by the Building Official shall be reversed and the construction permit shall be approved.
(C) If the Planning Commission determines that conditions of approval would mitigate the specific, adverse impact upon the public health or safety, then the decision by the Building Official shall be reversed, and the construction permit shall be conditionally approved. Any conditions imposed shall be mitigated by the applicant at the lowest cost possible.
(“Hydrogen Vehicle Fueling Stations” added 6-15-2026 by O-22109 N.S.; effective 7-15-2026.)
[Editors Note: Amendments as adopted by O-22109 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22109-SO.pdf ]
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art01Division08.pdf#page=6Fetched: 10/28/2026