Loading...
HomeMy WebLinkAboutItem 10c - Online Permitting System for Post-Entitlement Phase Permits DATE: December 19, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Ken Fields, Building Official SUBJECT: RESOLUTION NO. 7535 EXTENDING THE CITY’S DEADLINE TO ESTABLISH AN ONLINE PERMITTING SYSTEM FOR POST- ENTITLEMENT PHASE PERMITS UNDER CALIFORNIA GOVERNMENT CODE SECTION 65913.3.5 (AB 2234). CEQA: Not a Project Recommendation: Adopt SUMMARY 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. One element of the new law is to require the implementation of an online permitting system for certain projects. Resolution No. 7535 extends the City’s deadline to establish this system, which is allowed under AB 2234. It is recommended that the City Council adopt Resolution No. 7535 to give the City the greatest opportunity to appropriately implement the new online permitting regulations. BACKGROUND Under AB 2234, post-entitlement phase permits are defined as 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: building permits, permits of minor or standard off-site improvements, permits for demolition, permits for minor or standard excavation and grading, and related permits. These permits are typically issued by City staff in the normal course of their work. 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. Resolution No. 7535 - Online permitting system for post-entitlement phase permits. December 19, 2023 Page 2 of 3 DISCUSSION 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, 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 affected jurisdictions, the deadline to comply with AB 2234’s online permitting system requirement is 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 January 1, 2028, for all local agencies that do not meet these thresholds. The City of Arcadia is subject to the January 1, 2024, deadline because the population of Los Angeles County exceeds the threshold. 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. 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. The City is currently in the process of procuring all of the necessary software and hardware to expand its permitting software to comply with AB 2234. The time extension is being requested because implementation is not feasible by January 1, 2024, without adding significantly more project costs, which will far exceed what has already been budgeted for this permit software expansion. The additional, unbudgeted cost for the consultant to expedite the implementation would require an update to the fee schedule, greatly increasing fees to permittees. The attached resolution 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 a directive to initiate 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, it is recommended that the City Council adopt the attached resolution. ENVIRONMENTAL ANALYSIS 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) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential for resulting in a physical change to the environment, directly or indirectly. Resolution No. 7535 - Online permitting system for post-entitlement phase permits. December 19, 2023 Page 3 of 3 FISCAL IMPACT The adoption of Resolution No. 7535 will have no fiscal impact on the City except to avoid additional expenses. The cost to expand the City’s permitting software to comply with AB 2234 is $82,330, and this expense has already been budgeted in the Development Services Department Fiscal Year 2023-24 Operating Budget. RECOMMENDATION It is recommended that the City Council find the proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7535 extending the City’s deadline to establish an online permitting system for post- entitlement phase permits under California Government Code Section 65913.3.5 (AB 2234). Attachment: Resolution No. 7535