ORDINANCE NO. 2024-1553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA AMENDING CHAPTER 17.44 OF TITLE 17 OF THE SAN MARCOS MUNICIPAL CODE RELATIVE TO DEVELOPMENT SERVICES AND PUBLIC FACILITIES EXACTIONS, FEES, AND/OR COSTS WHEREAS, Chapter 17.44 of the San Marcos Municipal Code (SMMC), addresses Development Services and Public Facilities Exactions, Fees, and/or Costs; and WHEREAS, the City adopted Ordinance 2003-1203 establishing the Public Facilities Financing Plan and adopting Public Facilities Fees; WHEREAS, updates to the Mitigation Fee Act require specific procedures for the establishment and assessment of Development Impact Fees, also known as Public Facilities Fees; and WHEREAS, Ordinance 2003-1203 will be repealed as part of a comprehensive update to Citywide User Fees and Public Facilities Fees; and WHEREAS, amendments to Chapter 17.44 are needed to be consistent with updates to state law and updates to Citywide Fees; and WHEREAS, as a result of the above-described changes to state law, the City desires to amend SMMC Section 17.44.010 to clarify the distinction between Public Facilities Fees and Development Services User Fees; and WHEREAS, the City further desires to amend SMMC Section 17.44.020 to update the language for the definitions within the chapter; and WHEREAS, the City further desires to amend SMMC Section 17.44.030, to update Government Code sections and City resolution numbers; and WHEREAS, the City desires to make minor edits to SMMC Sections 17.44.040 and 17.44.050 to make consistent with other provisions in SMMC Chapter 17.44; and WHEREAS, the City further desires to amend SMMC Section 17.44.060 to update the scope of the public improvements that are funded by the Public Facilities Fees and to make minor corrections to the language in this Section; and WHEREAS, the City further desires to amend SMMC Section 17.44.070 relating to the timing of payment of Public Facilities Fees to update language to be consistent with state law and the City’s updated policies; and WHEREAS, the City further desires to amend SMMC Section 17.44.080 relating to the Fee Deferral Program for Public Facilities Fees to make minor corrections and edit language to be consistent with City processes; and WHEREAS, the City further desires to amend SMMC Sections 17.44.090, 17.44.100, 17.44.110, 17.44.120 and 17.44.130, to edit language to make consistent City processes and policies and other sections of Chapter 17.44 and to update the scope of the public improvements that are funded by the Public Facilities Fees; and 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 incorporated herein as though fully set forth at this point.
Section 2. Existing San Marcos Municipal Code Chapter 17.44 is hereby amended to read as shown in the clean and redlined versions attached hereto as Exhibit “A” and Exhibit “B,” respectively, and incorporated herein by this reference.
Section 3. The proposed Text Amendments to Title 17 of the San Marcos Municipal Code are exempt from the California Environmental Quality Act (CEQA) because this is not a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. In the event this Resolution 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.
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 on March 3, 2025. Within fifteen (15) days following its adoption, the City Clerk shall certify to the passage of this 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 26th day of November, 2024.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a special meeting thereof, held on this 2nd day of December, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
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
ATTACHMENT(S):
Exhibit A – CHAPTER 17.44 Text Amendments – CLEAN
EXHIBIT B – CHAPTER 17.44 TEXT AMENDMENTS – REDLINED
Ordinance 2024-1553
November 26, 2024