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HomeMy WebLinkAboutRES 23-7404 (CEQA) Page 1 of 3 RES NO. 23-7404 CITY OF HERMOSA BEACH RESOLUTION NO. 23-7404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, 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) AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 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 1.1 million 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; and WHEREAS, for local agencies in counties with a population or 1.1 million 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 Hermosa Beach (“City”) is subject to the January 1, 2024 deadline because Los Angeles County has a population of 1.1 million or greater; and DocuSign Envelope ID: 32D293E0-89FC-4F8F-81D8-346989681F05 Page 2 of 3 RES NO. 23-7404 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 HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. 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. In accordance with Government Code section 65913.3.5(a)(2)(A)-(B) the City Council here finds: a. Implementing an online permitting system by January 1, 2024 would require substantial increases in the City’s permitting fees because the procurement of services from a private vendor to upgrade the City’s existing permitting system would lead to additional costs to the City and necessitate an increase in the cost to users to cover these additional costs. Similarly, if the City were to implement this in-house, additional staff would be required which would lead to an increase in staff costs for the City and additional increases in the fees charged to users. The City Council further directs staff to initiate any budgeting or procurement process necessary to comply with AB 2234. Such process shall be in accordance with state law and the City’s applicable procurement policies. SECTION 3. The City Council hereby elects to extend its deadline to implement an online permitting system to January 1, 2026. DocuSign Envelope ID: 32D293E0-89FC-4F8F-81D8-346989681F05 Page 3 of 3 RES NO. 23-7404 SECTION 4. 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 5. This resolution shall become effective immediately upon its adoption. SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED on this 28th day of November, 2023. Mayor Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla, Patrick Donegan, City Clerk City Attorney DocuSign Envelope ID: 32D293E0-89FC-4F8F-81D8-346989681F05 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) December 12, 2023 Certification of Council Action RESOLUTION NO. 23-7404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, 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) AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution No. 23-7404 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 28th day of November 2023 and passed by the following vote: AYES: MAYOR MASSEY, MAYOR PRO TEMPORE FRANCOIS, COUNCILMEMBERS SAEMANN, DETOY and JACKSON NOES: NONE ABSTAIN: NONE ABSENT: NONE ________________________________ Myra Maravilla, City Clerk DocuSign Envelope ID: 32D293E0-89FC-4F8F-81D8-346989681F05