MEETING DATE:
July 23, 2024
SUBJECT:
Title
ORDINANCE NO. 2024-1549 - ORDINANCE AMENDING MUNICIPAL CODE TITLE 14 (CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES) SECTIONS 14.04.010, 14.12.060, 14.12.240, AND 14.21.080
Body
Recommendation
Recommendation
INTRODUCE (first reading) Ordinance 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.
Body
Board or Commission Action
Not applicable.
Relevant Council Strategic Theme
Good Governance
Relevant Department Goal
Not Applicable
Executive Summary
Title 14 of the San Marcos Municipal Code (SMMC) establishes requirements for private contract work within the public right-of-way, easements, and other public places. Such work may pertain to underground utility construction, construction of public street improvements, or encroachment into City property for the installation of private facilities. Staff recommends modifying Title 14 for several housekeeping items and to re-introduce pavement restoration language to reflect current City practice, as provided in Attachment 1.
Discussion
On September 13, 2022, Title 14 was repealed and replaced with significant updates to the text. As shown in Attachment 1, Sections 14.04.010, 14.12.160, 14.12.240, and 14.21.080 are proposed to be modified to reflect the following changes:
• Section 14.04.010: the definition of a “Driveway” is updated for clarity.
• Section 14.12.160 is updated to remove a reference to “Residential Driveway”, which is not a term defined in Title 14.
• Section 14.12.240 includes a re-introduction of pavement restoration language that was included prior to the 2022 update of Title 14. The pavement restoration requirements reflect past and current City practice and are critical for maintaining pavement condition citywide.
• Section 14.21.080 is updated to clarify the requirement for private property owners to maintain private features permitted to encroach into City right-of-way and other Public Places.
Proposed modifications are included in Ordinance 2024-XXXX in Attachment 1. The revisions are provided in strikeout and underline format in Attachment 2.
Environmental Review
The proposed Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA). It is recommended that the Council determine that this is not a project as defined in 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. 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.
Fiscal Impact
No direct fiscal impact occurs as a result of the adoption of this ordinance.
Attachment(s)
Attachment 1: Ordinance
Attachment 2: Revisions to Title 14 in Strikeout/Underline Format
Prepared by: Stephanie Kellar, Deputy City Engineer
Approved by: Michelle Bender, City Manager