HomeMy WebLinkAbout2022-104 - Reducing the Fee for Home Occupation PermitsRESOLUTION NO.2022-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REDUCING THE FEE FOR HOME
OCCUPATION PERMITS AUTHORIZED IN ACCORDANCE
WITH CHAPTER 41, ARTICLE II, SECTION 41-192.3 OF THE
SANTA ANA MUNICIPAL CODE FROM THREE HUNDRED
TWENTY ($320.00) DOLLARS TO FIFTY DOLLARS AND
THIRTY-TWO CENTS ($50.32)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. On November 1, 1982, the City Council adopted Ordinance No. NS-1654
establishing a Regulation of Home Occupations scheme setting forth the
conditions for conducting home occupation activities from a residentially zoned
premises, codified as Section 41-192.2 of the Santa Ana Municipal Code
(SAMC). Contemporaneously, the City adopted a requirement for a Home
Occupation Permit as may be set by resolution of the City Council, codified as
SAMC Section 41-192.3.
B. On July 20, 1987, the City Council adopted Ordinance No. NS-1922, which
comprehensively revised SAMC Chapter 21 (Business License Tax Code)
pertaining to business license taxation of all business conducted within the City,
including home based occupations.
C. On February 4, 2013, the City Council adopted Ordinance No. NS-2841,
modifying the Business License Tax Code, and in part specifically addressing
home based business and home based occupations, allowing home based
businesses/home occupations to elect alternative methods of business license
tax assessment.
D. On November 8, 2022, the voters of the City of Santa Ana approved a Voter Ballot
Measure (Measure W) restructuring business license tax rates for all businesses
conducted within the City, including home based businesses / home based
occupations.
E. On November 8, 2022, along with the passage of comprehensive business
license tax rate restructuring under Measure W, a Tax Holiday was also adopted
as part of Measure W. The primary purpose of the Tax Holiday is to afford
unlicensed businesses doing business in the City to obtain a current business
license without penalty and without regard to any prior arrearage. A substantial
Resolution No, 2022-104
Page 1 of 3
number of the unlicensed businesses subject to the Tax Holiday provision of
Measure W are home based businesses / home occupations. To legally operate,
such home based business are required to obtain a Home Occupation Permit.
The fee for the Home Occupation Permit, which was $25.00 in 1982, increased
over the intervening years to $320.00. At the same time, the comparable
Certificate of Occupancy fee (SAMC Section 8-95) applicable to commercially
based businesses, which was $50.00 in 1982, increased over the intervening
years to $499.36.
F. On June 7, 2022, the City Council approved the miscellaneous fee schedule for
fiscal year 2022-23, where the Certificate of Occupancy inspection fee was
reduced to $134.24 for business/mercantile occupancies less than 5,000 square
feet in area.
G. An analogous reduction in the Home Occupation Permit fee, adjusted for (1)
home business occupancies not to exceed 400 square feet and (2) not requiring
physical inspection of the home residence, would equal $50.32.
Section 2. The City Council hereby establishes the Home Occupation Permit fee
at fifty dollars and thirty-two cents ($50.32), lowering it from three hundred twenty ($320.00)
dollars. The $50.32 fee shall become effective January 1, 2023.
Section 3. This Resolution, upon its adoption by the City Council, shall take effect
January 1, 2023, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 20th day of December, 2022.
40e�Annezcu
r
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jo M. Funk
Chief Assistant City Attorney
Resolution No. 2022-104
Page 2 of 3
AYES: Councilmembers Amezcua, Bacerra Hernandez Lopez
Penaloza, Phan, Vazquez (7)
NOES:
Councilmembers
None
(0)
ABSTAIN:
Councilmembers
None
(0)
NOT PRESENT:
Councilmembers
None
(0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-
104 to be the original Resolution adopted by the City Council of the City of Santa Ana on
December 20, 2022.
Date: II -1-9 2'y
Clerk of the Cou it
City of Santa Ana
Resolution No. 2022-104
Page 3of3