ORDINANCE NO. 2022-1522
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, REPEALING AND REPLACING THE EXISTING MUNICIPAL CODE CHAPTER 17.32 TITLED BUILDING, CONSTRUCTION, AND RELATED ACTIVITIES WITH CHAPTER 17.32 TITLED GRADING AND RELATED ACTIVITIES AS PROVIDED IN
EXHIBIT A
WHEREAS, the Grading and Related Activities Ordinance (Grading Ordinance) is a cityw ide regulating document that regulates the alteration of the ground surface; protects adjacent properties from damage caused by blockage or diversion of waters; requires engineering analysis of soil conditions, slope stability, and drainage; provides for prompt development, restoration, replanting, and permanent landscaping after clearing or grading procedures to effectively contro l erosion and/or sedimentation; establishes an administrative procedure for issuance of grading permits; and provides for approval of grading plans and inspection of grading construction in order to protect the health, safety , and general welfare of the residents of the City; and
WHEREAS, certain provisions contained in the Grading Ordinance found in Chapter 17.32 of the San Marcos Municipal Code (S MMC) regulate City’s practices and procedures related to process ing of permits for grading and related activities; and
WHEREAS, the City has found that by amending certain provisions in the Grading Ordinance , requirements can be clarified, the permitting process for certain uses can be streamlined, and compliance with current storm water quality pollution control and treatment regulations can be ensured; 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 ame ndments will result in a repeal of the current Chapter 17.32 titled Building, Construction, and Related Activities and replacement with the new text provided in Exhibit A, titled Grading and Related Activities and 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 subj ect 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 Chapter 17.32 of the San Marcos Municipal Code regarding grading and related activities.
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 San Marcos Municipal Code Chapter 17.32 titled Building, Construction, and Related Activities is hereby repealed and replaced in its entirety with Chapter 17.32 as provided in Exhibit A, titled Grading and Related Activities.
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 por tions of this Ordinance. The City Council declares that it would have 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
CHAPTER 17.32, GRADING AND RELATED ACTIVITIES