HomeMy WebLinkAbout7535RESOLUTION NO. 7535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY ARCADIA,
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 Arcadia ("City") is subject to the January 1, 2024 deadline
because it would present several financial and logistical burdens for the City that, in turn,
would require a substantial increase in permitting fees; 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
WHEREAS, the City desires to extend its deadline to comply with AB 2234's
online permitting system requirement to January 1, 2026; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND 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,
E
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 expediting the procurement
and implementation of the required software and hardware to comply with AB 2234 would
lead to additional unbudgeted consultant costs to the City, which in turn would necessitate
increases in the costs of fees to the permitees.
2. Initiation of Procurement Process. The City Council hereby directs staff
to initiate 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. Home Rule. The City reserves all rights to home rule of it's municipal
affairs in accordance with the City Charter and Article XI, Section 5(a) of the California
Constitution.
SECTION 6. Effective Date. This resolution shall become effective immediately
upon its adoption.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption
of this resolution and enter it into the book of original resolutions.
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Passed, approved and adopted this 19th day of December, 2023.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
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Mayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7535 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 19th day of December, 2023 and that said Resolution was adopted by
the following vote, to wit:
AYES: Cheng, Kwan, Wang, Cao, and Verlato
NOES: None
ABSENT: None
City Clerk of the City of Arcadia