ORDINANCE NO. 2023-1529
AN ORDINANCE OF THE CITY OF SAN MARCOS, CALIFORNIA ADDING CHAPTER 17.10 AND AMENDING CHAPTERS 20.340, 20.340.060, 20.500 AND 20.600 OF THE SAN MARCOS MUNICIPAL CODE IMPLEMENTING THE REQUIREMENTS OF AB 1236 TO STREAMLINE PROCESSING OF PERMIT APPLICATIONS FOR ELECTRICAL VEHICLE CHARGING STATIONS WHEREAS, the California State Legislature approved, and the Governor signed into law, Assembly Bill 1236, which creates a streamlined permitting process for electric vehicle charging systems; and WHEREAS, AB 1236 requires a local agency to adopt an ordinance to implement the streamlined permitting process for electric vehicle charging systems; and WHEREAS, certain chapters of the San Marcos Municipal Code require amendments to facilitate compliance with AB 1236; and WHEREAS, the City of San Marcos supports and encourages the use of fuel-efficient vehicles; and WHEREAS, creation of a streamlined electrical vehicle charging station permitting process would facilitate use of electric vehicles, promote alternative fuel sources, and reduce consumption of environmentally damaging fossil fuels; and WHEREAS, the Planning Commission considered this matter on January 17, 2023 and voted 7-0 to recommend that the City Council adopt this ordinance; and WHEREAS, the City Council determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations because it will not itself result in a direct or reasonably foreseeable indirect physical change in the environment and does not constitute a project.
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:
The foregoing recitals are found to be true and correct and are incorporated herein as though set forth in full at this point.
Title 17 of the San Marcos Municipal Code is hereby amended to add Chapter 17.10, as set forth in Attachments A and B to this Ordinance, which Attachments are incorporated herein as though set forth at this point.
Title 20 of the San Marcos Municipal Code is hereby amended to update Chapters 20.340, 20.340.060, 20.500 and 20.600, as set forth in Attachments A and B to this Ordinance, which Attachments are incorporated herein as though set forth at this point.
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.
Within fifteen (15) days following adoption of this Ordinance, the City Clerk shall certify to the passage of the 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 14th day of February, 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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. 2023-1529
February 14, 2023