ORDINANCE NO. 2023-1539
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS AMENDING TITLE 20, CHAPTER 20.340 OF THE SAN MARCOS MUNICIPAL CODE, ADDING CHAPTER 20.350 TO TITLE 20, AND REMOVING CHAPTER 12.36 FROM TITLE 12, CODIFYING THE TRANSPORTATION DEMAND MANAGEMENT ORDINANCE, AND FINDING THAT SAID AMENDMENTS ARE EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TA 22-0002
City of San Marcos
WHEREAS, as the City of San Marcos (“City”) experiences growth, it becomes necessary to balance the demand on transportation infrastructure by facilitating other modes of mobility; and WHEREAS, adoption and implementation of the Transportation Demand Management (“TDM”) Ordinance will result in improvements throughout the City that will facilitate multi-modal travel options for the City’s residents and employees; and WHEREAS, the City’s adopted Climate Action Plan requires that the City adopt a Citywide TDM Ordinance to reduce vehicular trips in the City and to achieve the City’s Greenhouse Gas reduction goals per State law; and WHEREAS, the Mobility Element of the City’s General Plan includes Goals and Policies for new development to prepare and implement TDM Plans; and WHEREAS, the proposed TDM Ordinance and the TDM Policy were circulated and posted on the City’s website for a 30-day comment period from July 19, 2023 to August 16, 2023; and WHEREAS, on August 9, 2023 the City held a virtual public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, the Development Services Department reviewed the proposed TDM Ordinance and recommends approval of the same; and WHEREAS, on October 2, 2023, the San Marcos Planning Commission held a duly noticed public hearing and recommended approval of the TDM Ordinance and the Categorical Exemption pursuant to the California Environmental Quality Act (“CEQA") Section 15061(b)(3) to the City Council, by a 6-1 vote, in favor; and WHEREAS, on November 14, 2023, the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and WHEREAS, the City Council did review and consider a Categorical Exemption (EX 23-053) pursuant to CEQA Section 15061 (b)(3); Review of Exemptions – Common Sense Rule, in that the adoption of this Ordinance would enact changes in land use regulations that will result in the reduction of vehicle trips in the City that would reduce GHG emissions and traffic congestion, and it can be seen with certainty that its adoption will not have a significant effect on the environment because it does not propose any new development. Individual development applications will continue to be reviewed under CEQA.
NOW, THEREFORE, the City Council does ordain as follows:
The foregoing recitals are true and correct and are hereby incorporated by reference into this Ordinance.
Title 20, Chapter 20.340 of the San Marcos Municipal Code is hereby amended as reflected in Exhibits A and B to this Ordinance.
Title 20 of the San Marcos Municipal Code is hereby amended to add Chapter 20.350, as set forth in Exhibits A and B to this Ordinance.
Title 12, Chapter 12.36 of the San Marcos Municipal Code is hereby removed, as set forth in Exhibits A and B to this Ordinance.
The City Council’s decision is based on the following findings and determinations:
The proposed Text Amendment to the Municipal Code is consistent with the City's General Plan, in that the Text Amendment does not conflict with any goal, policy or objective of the General Plan. It is consistent with and implements the adopted Climate Action plan in that it will facilitate and encourage the shift away from single occupancy vehicles to alternative travel modes such as walking, biking, carpooling or taking transit.
The proposed Text Amendment to the Municipal Code will not be detrimental to public health, safety, morals and welfare as the Text Amendment will result in reducing vehicular trips and traffic congestion due to new development in the City.
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.
This Text Amendment is Categorically Exempt (EX23-053) from environmental review pursuant to CEQA 15061(b)(3), Review for Exemptions, as it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall publish this Ordinance or the title hereof as a summary in a newspaper of general circulation in the City as required by law.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 11th day of November 2023.
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 ___________, 2023, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
ATTEST: APPROVED AS TO FORM:
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney ATTACHMENTS:
Exhibit A - Chapter 20.340 clean
Chapter 20.350 clean
Exhibit B - Chapter 20.340 strikeout
Chapter 20.350 strikeout
Chapter 12.36 strikeout
Ordinance No. 2023-1539
TA22-0002
November 14, 2023