HomeMy WebLinkAboutResolution - Reso 2023-43 - 12/13/2023 RESOLUTION NO. 2 0 2 3-4 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, 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 sectons
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 Cathedral City ("City") is subject to the January 1, 2024
deadline because the county has a population greater than 1.1 million; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, 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. The City is already in the process of implementing
Tyler Technologies Tyler EPL, a software system compliant with AB 2234. The
implementation of the new permitting software will not occur by January 1, 2024,
therefore, an extension is requested to allow staff to implement the new software system
by January 1, 2026.
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.
THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED on this 13th day
of December 2023, by the following vote:
AYES: Councilmember Lamb, Gutierrez, Gregory; Mayor Pro Tem Ross
NOES: Mayor Carnevale
None
ABSTAIN: None
ABSENT: None
1161 (g_
Mark evale
Mayor
ATTEST AND APPROVED AS TO CONTENT:
Tracy Her osillo
City Clerk
APPROVED AS TO LEGAL FORM:
City Attorney