HomeMy WebLinkAboutRes 2023-063RESOLUTION NO. 2023-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY PALM DESERT,
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 stand ard 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) J anuary 1, 2028 for all local
agencies not covered by (1); and
WHEREAS, the City of Palm Desert (“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; and
DocuSign Envelope ID: 8C39035E-2942-4BEC-B541-7C7606CFBFB2
Resolution No. 2023-063 Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, 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 transitioning from TRAKit, a
Central Square permitting software to a new software system compliant with AB 2234.
On November 16, 2023, the City Council awarded a contract to purchase and implement
Clariti Permitting and Land Management System. 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.
2. Initiation of Procurement Process. The City Council hereby directs staff to
initiate the procurement and implementation 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.
DocuSign Envelope ID: 8C39035E-2942-4BEC-B541-7C7606CFBFB2
Resolution No. 2023-063 Page 3
ADOPTED ON DECEMBER 14, 2023.
_______________________________
KARINA QUINTANILLA
MAYOR
ATTEST:
_________________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution
No. 2023- 063 is a full, true, and correct copy, and was duly adopted at a regular meeting
of City Council of the City of Palm Desert on December 14, 2023, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my and affixed the official seal of the City of
Palm Desert, California, on ________________.
_________________________________
ANTHONY J. MEJIA
CITY CLERK
DocuSign Envelope ID: 8C39035E-2942-4BEC-B541-7C7606CFBFB2
12/19/2023