RESOLUTION NO. 2022-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS
DELEGATING TO AND AUTHORIZING THE CITY MANAGER AND/OR
PLANNING DIVISION DIRECTOR TO MAKE DETERMINATIONS AND
FINDINGS RELATING TO APPLICATIONS AFFECTED BY CALIFORNIA HOUSING LAW MANDATES AS PROVIDED IN AB 2097, AB 2011, and SB 6
WHEREAS, in 2022 the California State Legislature approved, and the Governor signed into law, Assembly Bill 2097 (“AB 2097’), effective as of January 1, 2023, and which prohibits the imposition of automobile parking requirements on residential, commercial, or other development projects if the project will be located within one half mile of public transit; and
WHEREAS, in 2022 the California State Legislature approved, and the Governor signed into law, Assembly Bill 2011 (“AB 2011”), effective as of July 1, 2023, which mandates a streamlined, ministerial review process that is exempt from review under the California Environmental Quality Act for qualifying multifamily housing development projects on commercially zoned sites that include varied numbers of low income, very low income, and extremely low income affordable housing units and meet certain wage and labor requirements; and
WHEREAS, in 2022 the California State Legislature approved, and the Governor signed into law, Senate Bill (“SB 6”), effective as of July 1, 2023, which authorizes housing developments to be located on parcels within commercial zones where office, retail, or parking are a principally permitted use; and WHEREAS, AB 2097, AB 2011, and SB 6 contain provisions for exceptions to their implementation, conditioned on the issuance of written findings supporting any such exception(s); and
WHEREAS, AB 2011 allows the City to exempt a parcel from its applicability before a development application is submitted, if the City issues written findings to the effect that another parcel could be developed instead, or that another parcel could be developed with increased residential density, to support the application of the exemption; and
WHEREAS, SB 6 allows the City to exempt a parcel from its terms before a development application is submitted, if the City issues written findings when supported by substantial evidence showing the lost residential density has been reallocated supporting the exemption; and
WHEREAS, AB 2097 allows the City to make an exception to its prohibition of automobile parking requirements on development projects located within one-half mile of public transit, if the City issues written findings to the effect that imposing minimum parking requirements would have a negative impact on housing needs for low income, elderly, and disabled to support said exception during the thirty-day time period after the receipt of a completed development application; and
Resolution No. 2022-XXXX
December 13, 2022
WHEREAS, the purpose of this resolution is to delegate the authority to make written findings to support exemptions or exceptions to state law mandates when and where applicable, as the City’s zoning ordinance does not contain specific provisions authorizing residential development in commercial zones, or provisions relating to parking requirements within a half-mile of transit.
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, hereby finds and resolves that:
1. The foregoing recitals are true and correct; and
2. The City Council hereby delegates to and authorizes the City Manager and/or the Planning Division Director in their capacity as the Zoning Administrator, to make the findings contemplated by AB 2097, AB 2011, and SB 6, as and when appropriate, that any particular parcel that is the subject of an application is eligible for an exemption from, or that an application for development entitlement(s) relating to a particular project qualifies for an exception to, the applicable state law mandates contained in the above- referenced legislation.
ADOPTED at a regular meeting of the City Council of the City of San Marcos, California held on this 13th day of December, 2022 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
__________________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
Phillip Scollick, City Clerk