RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE
SUBMISSION OF A BALLOT MEASURE TO THE
QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA
SHOULD PERMIT NONCITIZEN VOTING IN CITY
MUNICIPAL ELECTIONS AT WHICH MUNICIPAL
OFFICERS ARE ELECTED AND REQUEST ING THE
ORANGE COUNTY BOARD OF SUPERVISORS TO
CONSOLIDATE THIS ELECTION WITH THE STATEWIDE
GENERAL ELECTION
WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vasquez brought forth a councilmember request for consideration of proposing a ballot measure to the voters regarding noncitizen voting in municipal elections;
WHEREAS, on September 19, 2023, the City Council voted to direc t staff to prepare the ballot measure items to place the ballot measure before the voters at the November 5, 2024 election;
WHEREAS, pursuant to California Elections Code section 9222, the City Council is authorized to submit this question to the voters a t the November 5, 2024 General Municipal Election; and;
WHEREAS, the City Council desires to consolidate the General Municipal Election for the measure described herein with the Statewide General Election to be held on November 5, 2024; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and ar e hereby incorporated by reference.
Section 2 Pursuant to the California Elections Code Section 9222 , and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on Tuesday, November 5, 2024, a General Municipal Elections for the purpose of submitting the ballot measure question to the qualified voters of the City of Santa Ana.
Section 3. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City of Santa Ana desires,
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Resolution No. 2023-XXX
on its own motion, to submit to t he voters a question of whether to permit noncitizens to vote in municipal elections at which municipal officers are elected at the General Municipal Election to be held on Tuesday, November 5, 2024.
Section 4. The ballot question for the proposed ballot measure shall be as follows, with identification as determined in accordance with the California Elections Code:
MEASURE __
Do the People of the City of Santa Ana approve noncitizens voting in City of Santa Ana municipal elections at which municipal officers are elected?
Yes
No
Section 6. The question to be submitted to the voters is set forth above and other implementing actions may need to be taken by the voters and the City Council should the voters approve the measure.
Section 7. If the ballot measure receives a majority of the votes cast on it at the election, the question shall be approved.
Section 8. The City Clerk, in coordination with the Orange County Registrar of Voters, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The ballots to be used at the election shall be in form and content as required by law.
Section 9. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, 2024, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 5, 2024, and to having the Registrar of Voters render such election services to the City of Santa Ana as may be requested by the City Clerk of said City, the County of Orange to be reimbursed in full for such services as are performed.
Section 10. The election services requested by the City of the County Registrar of Voters, or such other official as may be appropriate and which officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing, and mailing of sample ba llots and voter information guides; the
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Resolution No. 2023-XXX
establishment or appointment of precincts, voting centers, and election officers; opening and closing of voting centers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk; and the performance of such other election services as may be requested by the City Clerk.
Section 11. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange.
Section 12. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.
Section 13. The City Clerk is hereby directed to transmit a copy of the Measure set forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500 words in length. The impartial analysis shall show the effect of the Measure on existing law and the operation of the Measure. It shall also include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, or in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following:
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (714) 647-6520 and a copy will be mailed at no cost to you.” The impartial analysis shall be filed no later than the deadline for direct arguments.
Section 14. All persons qualified to vote at municipal elections in the City on the day of election herein provided shall be qualified to vote on the Measure hereby submitted at the General Municipal Election.
Section 15. In all particulars not recited in the Resolution, the election shall be held and conducted as provided by law for holding general municipal elections in the City.
Section 16. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law.
Section 17. The City Clerk shall receive the canvass as it pertains to the election and shall certify the results to the City Council, as required by law.
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Resolution No. 2023-XXX
Section 18. Pursuant to California Elections Code Section 9295, this Resolution and the attached Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
Section 19. The City Council finds an d determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelin es. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Section 20. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity o r unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional.
Section 21. This Resolution shall take effect immediately upon its adoption by a majority of the City Council.
Section 22. The City Clerk is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Orange C ounty Board of Supervisors and the Registrar of Voters of Orange County at least eighty -eight (88) days before the date of the election.
ADOPTED this ____ day of _____, 2023.
Valerie Amezcua
Mayor
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Resolution No. 2023-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023 -XXX 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
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Planning 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
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Accessory Dwelling Unit Planning and Building Agency Review Fees October 17, 2023
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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
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Resolution No. 2023-XXX
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 THOUSAN D 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, t he 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 st ate 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
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Resolution No. 2023-XXX
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 f ees 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 Pla nning 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 per mit 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 w ere 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 thousan d 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.
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Resolution No. 2023-XXX
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.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
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Resolution No. 2023-XXX
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 R esolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
City Clerk
City of Santa Ana
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