ORDINANCE NO. 2022-1527
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARCOS, CALIFORNIA AMENDING TITLE 20 OF THE SAN MARCOS
MUNICIPAL CODE RELATING TO STATE HOUSING LAW ZONING
ORDINANCE AMENDMENTS
TA 22-0001
City of San Marcos
WHEREAS, the Housing Element is a required element of the General Plan and must address the existing and projected housing needed of all economic segments of the City; and
WHEREAS, the City Council of the City of San Marcos adopted the 2021 –2029 Housing Element Update (GPA21-0003) on July 13, 2021 and Addendum to the adopted General Plan ; and
WHEREAS, the 2021 -2029 Housing Element Update serves as the City’s “Housing Plan” which includes goals, policies , and programs the City will implement to address constraints and needs; and
WHEREAS, Program 10, Program 11, and Program 21 of the 2021 -2029 Housing Element Update requires the City update the Zoning Ordinance to : ensure the City Density Bonus Ordinance is in compliance with State law (Program 10), reasonably accommoda te housing for persons with disabilities (Program 11), and remove constraints to a variety of housing types and ensure the City’s standards and permitting requirements are consistent with State law (Program 21); and
WHEREAS, the Zoning Ordinance of the Sa n Marcos Municipal Code (SMMC), regulate various provisions related to the siting and development of a variety housing types in the City of San Marcos; and
WHEREAS, the Text Amendment will result in updates to Chapter 20.210, Agricultural Zones; Chapter 20.215, Residential Zones; Chapter 20.220, Commercial Zones; Chapter 20.225, Mixed Use Zones; Chapter 20.305, Density Bonus; Chapter 20.340, Parking; Chapter 20.400, Specific Use Standards ; Chapter 20.440 Reasonable Accommodations; Chapter 20.600, Definitions; and addition of Chapter 20.350 Special Housing Applications, and;
WHEREAS, the Development Services Department did study said request and recommends approval of said request; and
Ordinance No. 2022-1527
TA22-0001
October 11, 2022
WHEREAS, on July 5, 2022, the San Marcos Planning Commission held a d uly noticed public hearing to consider and adopt a resolution recommending that the City Council amend certain provisions of the Zoning Ordinance to implement the Housing Element for consistency with State law; and
WHEREAS, the Development Services Depart ment did advertise the Text Amendments to various Chapters of the Zoning Ordinance from May 19, 2022 to June 17, 2022; and
WHEREAS, on February 14, 2012, the City Council adopted the San Marcos General Plan, including the Housing Element, and certified th e San Marcos General Plan Final Environmental Impact Report (General Plan FEIR) (State Clearinghouse #2011071028). On July 13, 2021 the City Council adopted the City of San Marcos 2021 -2029 Housing Element and certified the July 2021 Addendum to the General Plan FEIR, finding that the 2021-2029 Housing Element would result in no new significant impacts that were not analyzed in the General Plan FEIR, nor would the 2021 -2029 Housing Element cause a substantial increase in the severity of any previously ident ified environmental impacts. The proposed project implements programs from the 2021 -2029 Housing Element. Therefore, no additional e nvironmental review is required; and
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 Chapter 20.210, Agricultural Zones; Chapter 20.215, Residential Zones; Chapter 20.220, Commercial Zones; Chapter 20.225, Mixed Use Zones; Chapter 20.305, Density Bonus; Chapter 20.340, Parking; Chap ter
20.400, Specific Use Standards; Chapter 20.440 Reasonable Accommodations; Chapter
20.600, Definitions; and addition of Chapter 20.350 Special Housing Applications are hereby amended to read as shown in the clean and redlined versions attached hereto a s Exhibit A and Exhibit B respectively, and incorporated herein by this reference.
Section 3. All requirements of CEQA have been met in that t he project will rely on the July 2021 Addendum to the General Plan FEIR (State Clearinghouse #2011071028), prepared for the 2021 -2029 Housing Element, finding that it would result in no new significant impacts that were not analyzed in the General Plan FEIR.
Ordinance No. 2022-1527
TA22-0001
October 11, 2022
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 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 and cause the same to be published, or the title thereof as a summary, 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 11th day of October, 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 _______________, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
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
Ordinance No. 2022-1527
TA22-0001
October 11, 2022
ATTACHMENT(S):
EXHIBIT A – ZONING ORDINANCE TEXT AMENDMENTS – CLEAN
EXHIBIT B – ZONING ORDINANCE TEXT AMENDMENTS – REDLINED