ORDINANCE NO. 2024-1551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, REPEALING AND REPLACING CHAPTER 20.410 OF TITLE 20 OF THE SAN MARCOS MUNICIPAL CODE RELATIVE TO ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES AND FINDING THAT SAID REPEAL AND REPLACEMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TA 24-0003
City of San Marcos
WHEREAS, Chapter 20.410 of the San Marcos Municipal Code (SMMC), as well as certain provisions contained in Title 20 of the SMMC (Zoning Ordinance), regulate Accessory Dwelling Units in the City of San Marcos (collectively, City ADU Regulations), and the City ADU Regulations were last updated in 2020; and WHEREAS, since 2020, the California State Legislature has approved, and the Governor has signed into law, AB 916, SB 897, AB 2221, AB 1033, AB 1332, and AB 976 which amended former Government Code sections 65852.2 and 65852.2 to modify the development standards and approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (Junior ADUs); and WHEREAS, former Government Code sections 65852.2 and 65852.22 were renumbered to Government Code sections 66314 and 66333 in March of 2024; and WHEREAS, several of the existing City ADU Regulations conflict with the provisions of Government Code sections 66314 and 66333, which create confusion and enforceability issues relating to the City’s existing ADU Regulations; and WHEREAS, Development Services staff has recommended repeal and replacement of the City ADU Regulations to comply with the provisions of Government Code sections 66314 and 66333; and WHEREAS, on August 5, 2024, the San Marcos Planning Commission held a duly noticed public hearing and recommended approval of the repeal and replacement of Chapter 20.410 of Title 20 of the San Marcos Municipal Code and the Categorical Exemption pursuant to the California Environmental Quality Act (“CEQA") Section 15378 and 15061(b)(3) to the City Council, by a 7-0 vote, in favor; and WHEREAS, on September 10, 2024, 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 24-013) pursuant to CEQA because said amendments do not constitute a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for the changes themselves to result in a physical change in the environment, either directly or indirectly; and/or it is exempt from CEQA pursuant to the exemption contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
NOW, THEREFORE, the City Council of the City of San Marcos, in accordance with the freedom accorded to charter cities generally, and by the Charter of the City of San Marcos, does ordain as follows:
The foregoing recitals are true and correct and are incorporated herein as though fully set forth at this point.
Existing San Marcos Municipal Code Chapter 20.410 is hereby repealed and replaced as reflected in the clean and redlined versions attached hereto as Exhibit “A” and Exhibit “B,” respectively, and incorporated herein by this reference.
The City Council’s decision is based on the following findings and determinations:
The proposed Text Amendments to Title 20 (Zoning Ordinance) of the San Marcos Municipal Code will not adversely affect the implementation of the General Plan in that it does not conflict with any goal, objective, or policy of the General Plan.
The proposed Text Amendments to Title 20 (Zoning Ordinance) of the San Marcos Municipal Code will not be detrimental to the public health, safety, morals, and welfare because the Text Amendments will address inclusionary housing requirements for residential rental projects, in compliance with new State laws.
These Text Amendments to Title 20 (Zoning Ordinance) of the San Marcos Municipal Code are exempt from the California Environmental Quality Act (CEQA) because said amendments do not constitute a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for the changes themselves to result in a physical change in the environment, either directly or indirectly. In the event this Text Amendment is found to be subject to CEQA, it is exempt from CEQA pursuant to the exemption contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
The City Council hereby adopts Notice of Exemption (EX 24-013) stating that these Text Amendments are exempt from CEQA pursuant to Section 15378 of the CEQA Guidelines and/or Section 15061(b)(3).
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 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 10th day of September, 2024.
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: 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
ATTACHMENTS:
Exhibit A: Chapter 20.410 Clean
Exhibit B: Chapter 20.410 Strikeout
Ordinance No. 2024-1551
TA 24-0003
September 10, 2024
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