HomeMy WebLinkAbout2023-071 - Redicong the fee for Accessory Dwellign Uite Application ReviewRESOLUTION NO.2023-071
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
Resolution No. 2023-071
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dwelling units in response to changes made to state accessory dwelling unit
law (Assembly Bill 2221 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.
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).
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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.
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 I I day of October, ^^^'
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:c tau 1
p� Jonathan T. Martinez
U Assistant City Attorney
AYES: Councilmembers
NOES
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Amezcua, Bacerra, Hernandez, Lopez,
Penaloza, Phan, Vazquez (7)
None (0)
None (0)
None (0)
Resolution No. 2023-071
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2023-069 to be the original resolution adopted by the City Council of the City of Santa
Ana on October 17, 2023.
Resolution No. 2023-071
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