Resolution Number 23-12-05-031 12/5/2023
RESOLUTION NO. 23-12-05-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, 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 San Juan Capistrano (“City”) is subject to the
January 1, 2024 deadline because the City of San Juan Capistrano is located in
Orange County which 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
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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 San Juan Capistrano
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 because rushing to
implement a system by this deadline without evaluating or considering multiple
available systems would result in a more expensive solution whose cost would be
borne by permit applicants in the form substantial increases to permit fees.
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. 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.
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APPROVED AND ADOPTED THIS 5th day of December 2023.
_______________________________
SERGIO FARIAS, MAYOR
ATTEST:
________________________________
MARIA MORRIS, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 23-12-05-03 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 5th day of December 2023, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell, Bourne and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
MARIA MORRIS, CITY CLERK