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Home My WebLink AboutItem 28 - Public Hearing Accessory Dwelling Unit Planning and Building Agency Review FeesPlanning and Building Agency www.santa-ana.org/planning-and-building Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Accessory Dwelling Unit Planning and Building Agency Review Fees AGENDA TITLE Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning and Building Agency Review Fee for Accessory Dwelling Unit Applications and to Create a New Review Fee for Accessory Dwelling Unit Applications Utilizing Pre -Approved Plans Legal notice published in the Orange County Reporter on October 4 and October 11, 2023. RECOMMENDED ACTION Adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre -approved plans. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE DOLLARS($1,701) AND ESTABLISHING THE FEE FOR PRE -APPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460) GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Miscellaneous fees are intended to recover the City's costs associated with delivering the corresponding services and, in accordance with state law, cannot exceed the City's actual costs in delivering said service. The California state legislature has recently passed a number of laws limiting local land use controls and development standards that local governments can impose on accessory dwelling units (ADUs). As a result, the amount of time that Planning staff Accessory Dwelling Unit Planning and Building Agency Review Fees October 17, 2023 Page 2 spend reviewing and processing each ADU application statewide has generally reduced. To ensure the City's costs associated with delivering Planning and Building Agency ADU application review is commensurate with the corresponding service and does not exceeded actual costs, the Planning and Building Agency is proposing to reduce the ADU review fee from $2,609 to $1,701. In addition, the Planning and Building Agency utilized SB 2 (Building Homes and Jobs Act, 2017) grant funds to create pre -approved ADU plan sets that will be made available for the public's use. These plans are near permit ready, only requiring the applicants to work with a design professional to create a site -specific site plan and a drainage plan. Since this is a new program and review of these types of plans was not contemplated in the Fiscal Year 2023-2024 Miscellaneous Fees Schedule, the Planning and Building Agency is proposing to establish a new pre -approved accessory dwelling unit review fee of $460. With the modified fee and new fee for pre -approved ADU plans, Planning Division staff will begin expediting ADU application reviews by being able to offer more over-the- counter review services. A reduction of the fees to match the actual time spent on these reviews will enable this new, over-the-counter service to begin after adoption of the modified and new fees and its effective date of November 1, 2023. FISCAL IMPACT There is no projected fiscal impact associated with approval of the recommended action as Planning Division fees are intended to recover the City's costs associated with delivering the corresponding service. As described in the Discussion section above, the City's costs associated with reviewing standard ADU plans and pre -approved ADU plans will be fully recovered through the proposed modified and new fees. EXHIBIT 1. Resolution Amending Miscellaneous Fees Schedule Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Steven A. Mendoza, Assistant City Manager RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE DOLLARS ($1,701) AND ESTABLISHING THE FEE FOR PRE - APPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460) 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 21, 1983, the City Council adopted Ordinance No. NS-1701 establishing a regulatory framework in Chapter 41 of the Santa Ana Municipal Code (SAMC) for the development of accessory dwelling units, commonly referred to as second dwelling units. B. On June 2, 2003, the City Council adopted Ordinance No. NS-2629 in response to changes to state accessory dwelling unit law (Assembly Bill 1866) amending certain sections of Chapter 41 of the SAMC related to the regulation of accessory dwelling units in compliance with state law. C. On April 3, 2018, the City Council adopted Ordinance No. NS-2940 amending Chapter 41 of the SAMC related to the regulation of accessory dwelling units in response to changes made to state accessory dwelling unit law (Assembly Bill 494, Assembly Bill 2299, Senate Bill 229, and Senate Bill 1069) which limited local governments' regulatory authority of accessory dwelling units. D. On April 7, 2020, the City Council adopted Ordinance No. NS-2986 amending Chapter 41 of the SAMC related to the regulation of accessory dwelling units in response to changes made to state accessory dwelling unit law (Assembly Bill 68, Assembly Bill 587, Assembly Bill 670, Assembly Bill 671, Assembly Bill 881, and Senate Bill 13) that required greater flexibility in the development of these units and further limited local regulatory authority of accessory dwelling units. E. On December 6, 2022, the City Council adopted Ordinance No. NS-3030 amending Chapter 41 of the SAMC related to the regulation of accessory dwelling units in response to changes made to state accessory dwelling unit law (Assembly Bill 2221 Resolution No. 2023-XXX Page 1 of 4 and Senate Bill 897) continuing the trend of further limiting local governments' ability to regulate the design, siting, and development standards applicable to accessory dwelling units. F. Section 8-5 of the SAMC authorizes the establishment of fees and charges for permits, plan review, inspections, re -inspections, investigations, hearings or other purposes requiring fees by resolution of the City Council. G. On June 6, 2023, the City Council approved Resolution No. 2023-031 establishing the Miscellaneous Fees Schedule for Fiscal Year 2023-2024. H. Miscellaneous Fees are intended to recover the City's costs associated with delivering the corresponding services and, in accordance with state law, cannot exceed the City's actual costs in delivering said service. I. State laws limiting local land use controls and development standards that local governments can impose on accessory dwelling units have reduced the amount of time that Planning and Building Agency staff spend reviewing and processing individual accessory dwelling unit applications. J. To ensure the City's costs associated with delivering Planning and Building Agency accessory dwelling unit application review is commensurate with the corresponding service and does not exceed actual costs, the Planning and Building Agency accessory dwelling unit review fee is reduced from $2,609 to $1,701. K. Planning and Building Agency staff utilized SB 2 (Building Homes and Jobs Act, 2017) grant funds to solicit two consultants to create pre -approved accessory dwelling unit plan sets that will be made available for the public's use. These plans are near permit ready, only requiring the applicants to work with a design professional/engineer to create a site specific site plan and a drainage plan. L. Review of these types of plans were not contemplated in the Miscellaneous Fees Schedule for Fiscal Year 2023-2024. A new Planning and Building Agency fee for pre -approved accessory dwelling unit review of $460 is needed. M. Based on analysis and evaluation of staff time, equipment, and materials, these fees are recommended as set forth below. Section 2. The City Council hereby reduces the fee for accessory dwelling unit application review from two thousand six hundred nine dollars ($2,609) to one thousand seven hundred one dollars ($1,701) and establishes the fee for pre -approved accessory dwelling unit application review at four hundred sixty dollars ($460). Section 3. Without further action of the City Council, the above -referenced fees created by this Resolution shall be incorporated into the City's Uniform Schedule of Miscellaneous Fees for Fiscal Year 2023-2024 and updated annually. Resolution No. 2023-XXX Page 2 of 4 Section 4. This Resolution, upon adoption by the City Council, shall take effect November 1, 2023, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2023. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jonathan T. Martinez Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Valerie Amezcua Mayor Resolution No. 2023-XXX Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023- to be the original Resolution adopted by the City Council of the City of Santa Ana on 2023. Date: City Clerk City of Santa Ana Resolution No. 2023-XXX Page 4 of 4