§ 20.315

The purpose of this chapter is to ensure that adequate public facilities and services are available to meet the needs created by and to mitigate the impacts of new development prior to or as it occurs.

A.

The City has, during the last decade, experienced a high rate of new commercial, industrial, and residential development, causing rapid population growth within the City.

B.

As a result of the high development rate and rapid growth, several of the City's general plan neighborhoods do not have adequate public facilities and services. These facilities and services include streets, parks and

recreation facilities, drainage facilities, water storage and distribution facilities, sewer facilities, fire, paramedic, and police services and facilities, schools, libraries, and gas, electricity, telephone, and cable television. A lack of public facilities and services in those neighborhoods creates a severe negative impact on the various facility networks and systems within the City, resulting in conditions which are hazardous and/or detrimental to the public health, safety and welfare of the people of the City of San Marcos. Because the various public facilities and the services networks within the City and systems are integrated, a failure or shortfall in necessary facilities or services in one portion of the City creates burdens and adverse impacts on other portions of that network or system elsewhere in the City.

C.

In the past, developers of new commercial, industrial, or residential projects have not always provided the facilities or services necessary to meet the demands created by the new development or to mitigate the environmental and public facilities and services impacts or burdens created by the new development.

D.

To effectively implement the City's general plan and to manage the projected growth of residential, industrial, and commercial development, and to mitigate the impacts of new development on the City, it is necessary to require that all new development bear the cost of providing the public facilities and services needed to manage the new development and, to mitigate the impacts on the City created by that new development.

E.

Establishment of a growth management program which ensures that all public facilities and services are, or will be, provided to serve future development will allow the City to continue to provide needed jobs and housing without adversely impacting existing facilities and services or current residents within the City.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

The City Council shall ensure that the following objectives are accomplished in a timely manner:

1.

Adoption of the public facilities and services element required by Section 20.315.030 of this Chapter.

2.

Adoption of neighborhood public facilities and services plans for each of the City's eight general plan neighborhoods. The neighborhood public facilities and services plans shall be integrated with each other and shall together be a complete and consistent City-wide public facilities and services plan.

3.

That appropriate standards, thresholds, triggering mechanisms or other requirements, shall be established to implement the public facilities and services element and the neighborhood public facilities and services

plans for each of the neighborhoods.

4.

That no approval or conditional approval shall be granted for any development, other than the issuance of a building permit for a single family residential building on a lot legally existing on June 7, 1988 requiring no discretionary approval, unless the decision making authority finds:

A.

That the development complies with the provisions of this ordinance;

B.

That the applicant has provided, or has agreed to provide, all public facilities reasonably necessary to serve the development or to mitigate the impacts caused by the development; and

C.

Has paid, or agreed to pay, all fees required by this Chapter.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Editor's note— Ord. No. 2025-1568 added new provisions designated as § 20.315.030, and further amended the Code by renumbering existing §§ 20.315.030 and 20.315.040 as §§ 20.315.040 and 20.315.050 as herein set out.

A.

The City Council of the City of San Marcos shall require any individual, partnership, joint venture, corporation, or other person receiving approval or conditional approval of any tentative subdivision map, tentative parcel map, site development plan, site plan review, special use permit, zoning, rezoning, or any other discretionary permit or approval required by the City's subdivision or zoning ordinance for development projects, to assure funding and timely construction of all threshold public facilities or services necessary to manage the development as identified in the neighborhood public facilities and services plan for the neighborhood in which the development is located.

B.

Assurance of construction and financing is defined as actual construction of the improvements or the establishment of any financing method acceptable to the City Council (including, but not limited to, secured agreements for the construction of the improvements, reimbursement agreements, assessment districts, or community facilities districts) that provide a guarantee to the City that the improvements will be constructed in a timely fashion or that funds will be available for the timely construction, renovation, or expansion of the facilities or provision of the services identified as necessary to manage development in the applicable neighborhood's public facilities and services plan. The construction, or assurance of

construction, and financing shall be in place or otherwise established to the satisfaction of the City Council before issuance of building permits for the development.

C.

As a condition of any discretionary approval for a development, a project applicant shall pay or agree to pay the public facilities and services fee that was previously established by the City Council of the City of San Marcos. The City Council of the City of San Marcos may modify that fee by resolution as necessary to ensure adequate financing of the public facilities and services identified in the public facilities and services element of the general plan and in the neighborhood public facilities and services plans.

D.

The City Council shall establish a separate account or accounts for the funds received pursuant to this Chapter, and shall ensure that the funds are used for the purposes for which they were received. The City Council shall ensure timely expenditure of the funds for the construction of required public facilities identified by the Council to be financed from the funds when the appropriate thresholds are reached.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

The City Council may, by resolution, adopt guidelines and take any action that the City Council finds appropriate or necessary to implement the provisions of this chapter in a timely and efficient manner.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

CHAPTER 20.320 - SIGNS ON PRIVATE PROPERTY