ORDINANCE NO. 2024-1549
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 14 (CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES) SECTIONS 14.04.010, 14.12.160, 14.12.240, AND 14.21.080 WHEREAS, San Marcos Municipal Code (SMMC) Title 14 is a citywide regulating document that protects the public interest and safety by establishing standards to provide for the orderly administration of private contract work within the public right-of-way, for the development of private property, and for private encroachments and construction-related activity on public rights-of-way or public places; and WHEREAS, certain provisions contained in SMMC Title 14 regulate City’s practices and procedures related to processing of permits for work within public places and related activities; and WHEREAS, the City has found that by amending certain provisions in SMMC Title 14, requirements can be clarified and ongoing compliance with City technical standards can be ensured; and WHEREAS, the outcome of these amendments will enhance predictability in permit processing, clarify encroachment permit and pavement restoration requirements, and promote regulation compliance; and WHEREAS, the proposed amendments will modify Sections 14.04.010, 14.12.160, 14.12.240, and 14.21.080 of Title 14, titled Construction Within Streets, Sidewalks, and Public Places; Underground Utility Facilities, which is incorporated herein by reference; 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 subject to environmental review pursuant to State Guidelines Section 15060(c)(3); and WHEREAS, even if the proposed Ordinance were to be considered a project subject to CEQA, it would be exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed Ordinance would have a significant effect on the environment; and WHEREAS, the Development Services Department did study and recommends approval of this ordinance.
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. Title 14 Sections 14.04.010, 14.12.160, 14.12.240, and 14.21.080 are hereby amended as provided in Exhibit A.
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 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 No. 2024-1549 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 23rd day of July 2024.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 10th day of September 2024, 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
EXHIBIT A:
AMENDMENTS TO SAN MARCOS MUNICIPAL CODE
TITLE 14
CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES Sections 14.04.010, 14.12.160, 14.12.240, and 14.21.080 Section 14.04.010 Definitions
Section 14.04.010(g) is amended to read as follows:
(g) Driveway means a surface intended for exclusive vehicular ingress and egress from a public or private street or drive-aisle.
14.12.160 General Requirements.
Section 14.12.160(c) is amended to read as follows:
(c) Maintain Access to and Through Public Places. The working areas shall be confined so as not to obstruct roadways, Driveways, Sidewalks, Trails, or other Public Places. (1) Not more than one lane of traffic shall be closed at any time, unless specific permission is granted otherwise. Upon approval of a written application to the Director, Streets, Driveways, Public Places, or other areas may be closed for specified periods. (2) Temporary roadways, Driveways, and walks shall be constructed where required. (3) Free and unobstructed access shall be provided to all Driveways, private property accesses, mailboxes, fire hydrants, water gates, valves, manholes, drainage Structures, communication facilities, and other public service Structures and property.
14.12.240 Restoration of Surfaces.
Section 14.12.240 is amended to read as follows:
Applicant shall comply with the requirements of the most current Standards. Acceptance or approval of any Excavation work by the Director shall not prevent the City from asserting a claim against the Applicant and their surety for any incomplete or defective work discovered. The presence of the Director or their representatives during the performance of the work shall not relieve the Permittee of their responsibilities hereunder.
For restoration of perpendicular street excavations and cuts, see Figure 14.12-1. Appropriate restoration of the surface for cuts perpendicular to the traffic flow includes resurfacing of the entire street section with necessary grinding and an asphalt concrete cap of a minimum thickness of one inch for a distance of 50 feet on either side of the excavation on a longitudinal basis from curb to curb or the full width of the street.
Figure 14.12-1: Perpendicular Excavation Street Repair
For restoration of longitudinal street excavations and cuts, see Figure 14.12-2. Appropriate restoration of the surface for cuts parallel to the traffic flow includes resurfacing of the entire street section with necessary grinding and an asphalt concrete cap of a minimum thickness of one inch from the curb to the center of the street or nearest lane divider for the entire length of the cut plus ten feet on each end.
Figure 14.12-2: Longitudinal Excavation Street Repair
14.21.080 Obligation to Maintain.
Permittee shall, at its sole cost and expense and without any cost or expense to the City, maintain the Encroachment in a good order and in a clean, secure, safe, and sanitary condition satisfactory to the Director and in compliance with all applicable local, state, and federal laws, rules, ordinances, and regulations. Vegetation, irrigation, Driveways, and other such encroachments are the obligation of the adjacent property owner that installed the Encroachment and/or desires to retain the Encroachment, unless the City has assumed in writing the obligation to maintain said Encroachment. If the adjacent property owner does not assume the obligation in writing, the Encroachment may be deemed abandoned by the Director at their discretion. In no event shall the City be obligated for the costs and expense necessary to maintain such Encroachment; nor does the City assume any obligations or risks associated with the same.
Ordinance No. 2024-1549