Item 16: Development code - Occupancy Restriction Limit

[COSM_Admin]

Consider approval of Ordinance 2023‑72, on the second of two readings, amending the San Marcos Development Code to, among other things, address changes made in the 2023 Legislative Session, improve development processes related to development agreements, certificates of appropriateness, demolition by neglect, and parks and open space dedication, add clarity, correct discrepancies within the Code, and incorporate City Council direction for Code amendments including improved Historic District and Landmark Designation Criteria, increasing the Occupancy Restriction limit from two to three unrelated persons, creating a new business park zoning district, and making Waste Related Services a conditional use in all instances, providing a savings clause; and providing for the repeal of any conflicting provisions; and providing an effective date.​

 

[JHughson]

Exactly what are we voting on for this second and final reading?
There are 3 topics sent to committee.
#5.2 Occupancy restrictions, which so far have been changed from 2 to 3. Safe to assume that passage of this item will keep the number at 3? Or is this item NOT included in this vote because it's been sent to committee?

#3.5 Section 2.8.3.7 Alcohol CUP administrative approval (two amendments passed on first reading). I find the result of those amendments have been made on page 1272. Are we voting on these and waiting for a committee report on possible changes to this section, including those amendments? Or is Section 2.8.3.7 not included in our vote because it's been sent to committee?

#2.1 #1.1 Notification expansion yet to be defined (other than what staff already proposed for development agreements and a couple of other items). There is no language yet so clearly there is nothing to vote on for this one for the new concepts.

I understand there is a distinct possibility of 1, 2, or 3 of these items to come back on an agenda, hopefully soon, IF a committee recommends something different from what has been voted on already. Since the entire action was postponed to Dec 5 OR SOONER, will these items still be under that restriction?

 

[COSM_Admin]

Responses provided by Amanda Hernandez, Director of Planning & Development Services:
Exactly what are we voting on for this second and final reading?
There are 3 topics sent to committee.
#5.2 Occupancy restrictions, which so far have been changed from 2 to 3. Safe to assume that passage of this item will keep the number at 3? Or is this item NOT included in this vote because it's been sent to committee?
The change from 2 to 3 is included in the vote. The Committee will look at what other communities do and what other standards could be included in code.

#3.5 Section 2.8.3.7 Alcohol CUP administrative approval (two amendments passed on first reading). I find the result of those amendments have been made on page 1272. Are we voting on these and waiting for a committee report on possible changes to this section, including those amendments? Or is Section 2.8.3.7 not included in our vote because it's been sent to committee?
The change to remove administrative approval of CUP, when something is changing, is included in the vote. The Committee will still meet and any amendments they propose will come at a later date.

#2.1 #1.1 Notification expansion yet to be defined (other than what staff already proposed for development agreements and a couple of other items). There is no language yet so clearly there is nothing to vote on for this one for the new concepts.
Correct, the only notification change, which is part of the vote, is to send notification letters for development agreements. The Committee will still meet and any amendments they propose will come at a later date.

I understand there is a distinct possibility of 1, 2, or 3 of these items to come back on an agenda, hopefully soon, IF a committee recommends something different from what has been voted on already. Since the entire action was postponed to Dec 5 OR SOONER, will these items still be under that restriction?
The agenda item is to vote on the entire Code as presented (the “or sooner” option). City Council may choose not to include any proposed change in the vote with an amendment to the main motion to leave the sections as they exist today. However, staff recommends moving forward with the amendments as presented to reflect legislative changes, address process improvements, and so staff can continue to work with applicants who have been waiting on these changes. If and when the committees have recommendations to further amend the Code, staff will bring those amendments forward separate from the current agenda item.