MEETING DATE:
SEPTEMBER 10, 2024
SUBJECT:
Title
ORDINANCE NO. 2024-1551, AN ORDINANCE OF THE CITY COUNCIL REPEALING AND REPLACING CHAPTER 20.410 OF THE SAN MARCOS MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES AND FINDING THAT SAID REPEAL AND REPLACEMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Body
Recommendation
Recommendation
INTRODUCE (First Reading) of an Ordinance repealing and replacing Chapter 20.410 of the San Marcos Municipal Code and finding that said repeal and replacement is categorically exempt from CEQA review, in the following order:
1. Notice of Exemption (EX24-013); and
2. Ordinance No. 2024-1551 (Text Amendment TA24-0003) for repeal and replacement of Chapter 20.410 of the San Marcos Municipal Code.
Body
Board or Commission Action
On August 5, 2024, the Planning Commission voted 7-0, recommending approval of the proposed project to the City Council. The Draft Planning Commission Minutes are provided as Attachment B.
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Executive Summary
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 bills relating to ADUs and Junior ADUs. These bills made updates to ADU law, prompting an update to bring SMMC sections into congruence with state law.
The proposed repeal and replacement of Chapter 20.410 will bring it into compliance with current state law regarding ADUs, found in Government Code Sections 66310-66342.
Discussion
The California legislature has 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)
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