ORDINANCE NO. 2022-1521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, REPEALING AND REPLACING EXISTING MUNICIPAL CODE TITLE 14 TITLED STREETS, SIDEWALKS, AND UNDERGROUND UTILITY FACILITIES WITH TITLE 14 TITLED CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES AS PROVIDED IN EXHIBIT A WHEREAS, San Marcos Municipal Code (SMMC) Title 14 is a cityw ide regulating document that protects the public interest and safety by establishing standards to provide for the orderly administration of private contract work within the public Right-of-way, for the development of private property, and for private encroachments and construction-related activity on public rights-of-way or public places; and WHEREAS, certain provisions contained in SMMC Title 14 regulate City’s practices and procedures related to processing of permits for work within public places and related activities; and WHEREAS, the City has found that by amending certain provisions in SMMC Title 14 requirements can be clarified, ongoing compliance with City technical standards can be ensured , and processing of minor and routine encroachments can be streamlined; and WHEREAS, the outcome of these amendments will enhance predictability in permit processing; streamline the permitting process for certain uses; and promote regulation compliance; and WHEREAS, the proposed amendments will result in a repeal of the current Title 14 titled Streets, Sidewalks, and Underground Utility Facilities and replacement with the new text provided in Exhibit A, titled Construction Within Streets, Sidewalks, and Public Places; Underground Utility Facilities, which is incorporated herein by reference; and
WHEREAS, the proposed amendments were available to the public for a review period of one month; and
WHEREAS, this action is not a “Project” as defined under Section 15378 of the California Environmental Quality Act, State Guidelines , and is therefore not subject to environmental review pursuant to State Guidelines Section 15060(c)(3); and
WHEREAS, the Development Services De partment did study and recommends approval of Ordinance 2022-XXXX repealing and replacing SMMC Title 14.
NOW, THEREFORE, the City Council of the City of San Marcos, California, in accordance with the freedom afforded to charter cities generally, and by the Charter of the City of San Marcos specifically, does ordain as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated herein as though fully set forth at this point.
Section 2. Existing SMMC Title 14 titled Streets, Sidewalks, and Underground Utility Facilities is hereby repealed and replaced in its entirety with Title 14 as provided in Exhibit A, titled Construction Within Streets, Sidewalks, and Public Places; Underground Utility Facilities.
Section 3. All requirements of CEQA have been met, in that this action is not a “Project” as defined under Section 15378 of the California Environmental Quality Act, State Guidelines , and is therefore not subject to environmental review pursuant to State Guidelines Section 15060(c)(3).
Section 4. If any section, sentence, clause, or phrase of this Ordinance is determined to be invalid, illegal, or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would h ave passed and adopted the Ordinance, and each section, sentence, clause , or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 5. This Ordinance shall be effective thirty (30) days following its adoption. Within fifteen (15) days following its adoption, the City Clerk shall certify to the passage of this Ordinance No. 2022-XXXX and cause the same or the title thereof as a summary, to be published, in accordance with the provisions of State law, in a newspaper of general circulation designated for legal notices publication in the City of San Marcos.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 26th day of July, 2022.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this ___________ day of ____________2022, by the following roll call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS:
________________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney City of San Marcos City of San Marcos
EXHIBIT A:
SAN MARCOS MUNICIPAL CODE
TITLE 14
CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC
PLACES; UNDERGROUND UTILITY FACILITIES