PLANNING COMMISSION MEETING DATE:
AUGUST 5, 2024
SUBJECT:
Title
ADOPTION OF NOTICE OF EXEMPTION AND APPROVAL OF THE REPEAL AND REPLACEMENT OF CHAPTER 20.410 OF THE SAN MARCOS MUNICIPAL CODE.
LOCATION/APN:
CITYWIDE
CASE NUMBER:
TEXT AMENDMENT (TA24-0003)
Body
Recommendation
Recommend to the City Council APPROVAL of:
1. ADOPT Notice of Exemption (EX24-013); and
2. APPROVE Resolution PC 24-5115 (Text Amendment TA24-0003) for repeal and replacement of Chapter 20.410 of the San Marcos Municipal Code.
Body
Introduction
San Marcos adopted an Accessory Dwelling Unit (ADU) ordinance in 2020 as Chapter 20.410 of the San Marcos Municipal Code (SMMC). That ordinance adopted state law and retained minor limits available to local jurisdictions, such as unit totals and height and size maximums. Since 2020, the state legislature has passed several new bills relating to ADUs and Junior ADUs. These bills made updates to ADU law which deemed some SMMC sections out of congruence with state law.
The proposed repeal and replacement of Chapter 20.410 will bring it into full compliance with current state law regarding ADUs, found in Government Code Sections 66310-66342.
Discussion
California legislatures have passed several bills relating to ADUs since the adoption of Chapter 20.410 in 2020. Below is a summary of the legislation relevant to changes made in this ordinance.
AB 1033 (2024)
* Permits the City to adopt an ordinance allowing separate conveyance of the ADU and primary dwelling. San Marcos will not adopt such an ordinance and separate conveyances of ADUs will not be permitted.
AB 976 (2024)
* Prohibits owner-occupancy requirements on ADUs (but not Junior ADUs).
SB 897 & AB 2221 (2023)
* Updates definition for "objective standard" as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable.
* Requires the City to review and issue a demolition permit for a detached garage that is to be repl...
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