ORDINANCE NO. O-23-1401

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA AMENDING MUNICIPAL CODE SECTION 23.03.10 REQUIRING ANY RESIDENTIAL DEVELOPMENT IN THE C-1 ZONE TO COMPLY WITH CITY ADOPTED OBJECTIVE STANDARDS

THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS

WHEREAS, Senate Bill 35 (“SB 35”) (Local Planning: Housing: Commercial Zones) was approved by the Governor and chaptered by the Senate (Chapter 659, Statutes of 2022) on September 28, 2022 which, among other things, provides that multifamily developments are permissible uses in commercial/retail zones and are subject only to objective design standards under certain circumstances; and

WHEREAS, the City Council of the City of San Marino previously adopted Urgency Ordinance O-21-1385-U on December 15, 2021, and adopted Ordinance O-21-1386 on January 12, 2022, relating to, in relevant part, the adoption of objective design standards in the C-1 zone for projects that comply with the requirements of Senate Bill 35 (Government Code Section 65913.4); and

WHEREAS, this Ordinance would extend the existing objective design standards to all multifamily residential projects to permit the City time to review and update these standards as necessary to best meet the City’s needs and standards; and

WHEREAS, this Ordinance, which makes objective design review standards applicable to all multifamily residential development in the C-1 zone, is not subject to CEQA review because the activity is not a project as defined in Section 15378 of the CEQA Guidelines.

SECTION 2.   Section 23.03.10 (Objective Design Standards) of the San Marino Municipal Code is amended as follows:

23.03.10 Objective design standards.

Any new construction involving residential uses in the C-1 Commercial Zone that is subject to streamlined approval under pursuant to Government Code § 65913.4 shall comply with the Objective Design Standards For Residential Uses In The C-1 Zone, as adopted by City Council resolution and as same may be amended from time to time by further City Council resolution.

SECTION 3.   CEQA. The City Council finds, in accordance with Section 15060(c)(3) of the California Environmental Quality Act (CEQA) Guidelines, that this Ordinance, which revises the municipal code to make objective design review standards applicable to all multifamily residential development in the C-1 zone, is not subject to CEQA review because the activity is not a project as defined in Section 15378 of the CEQA Guidelines. CEQA Guidelines Section 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. All future residential development in the C-1 zone is subject to independent CEQA review and determination.

SECTION 4.   SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 5. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. This Ordinance takes effect 30 days from the date of its adoption.

PASSED, APPROVED, AND ADOPTED this 24th day of March, 2023.

________________________

STEVE TALT, MAYOR

ATTEST:

__________________________________

CHRISTINA BAKER, CITY CLERK

APPROVED AS TO FORM:

____________________________

JOSEPH MONTES

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) ss

CITY OF SAN MARINO )

I HEREBY CERTIFY that the foregoing City of San Marino Ordinance No. O-23-1401 was

introduced and read by title at a Regular Meeting of the San Marino City Council held on the

8th day of March, 2023, and was adopted on second reading at a meeting of the City Council

held on the 24th day of March, 2023 by the following vote:

AYES:   Council Member Chou, Council Member Lo, Council Member Shepherd Romey, Vice Mayor Huang, and Mayor Talt

NOES:    None

ABSTAIN:    None

ABSENT:   None

____________________________

CHRISTINA BAKER

CITY CLERK