RESOLUTION NO. 2022-9013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR 151 RESIDENTIAL CONDOMINIUMS IN THE HALLMARK-BARHAM SPECIFIC PLAN AREA (SPA) ZONE EIR21-001
Hall Land Company, Inc.
WHEREAS, on July 13, 2020, the City received an application from Hall Land Company, Inc. requesting a Specific Plan (SP20-0002) to establish rules and regulations for the development of the project site; a General Plan Amendment (GPA20-0002) to change the land use from “Mixed Use 3” to “Specific Plan Area”; a Rezone (R20-0001) to change the zone from Mixed Use 3 (MU-3) to Specific Plan Area (SPA); a Multi-Family Site Development Plan (MFSDP20-0001) for design review of a residential condominium complex; a Tentative Subdivision Map (TSM20-0001) for an 151-unit condominium map; a Conditional Use Permit (CUP20-0007) to allow for a temporary rock crusher during grading operations; and a Grading Variance (GV20-0002) to allow for manufactured slopes to exceed 20 feet in height (Project); and WHEREAS, the Project requires approval of a discretionary action by the City, which is subject to compliance with the California Environmental Quality Act (Public Resources Code Sections 21000 et. seq) (CEQA), the California Guidelines for the Implementation of CEQA (14 Cal. Code of Regs. Sections 15000-15387) (State CEQA Guidelines), and the City’s environmental review ordinance (San Marcos Municipal Code Chapter 18.04) (City CEQA Guidelines); and WHEREAS, the City is the lead agency, as defined by CEQA and the State CEQA Guidelines, responsible for the preparation, consideration and approval of environmental documents for the Project; and WHEREAS, a Notice of Preparation Scoping Meeting with the general public was held on April 15, 2021; and WHEREAS, the City prepared, or caused to be prepared, an Environmental Impact Report (EIR) to assess the Project in conformance with CEQA; and WHEREAS, the Draft EIR was available to the general public and other public agencies for a 45-day review and comment period from December 6, 2021 to January 20, 2022; and WHEREAS, the City received 5 comment letters on the Draft EIR from private individuals, private entities, or public agencies; and WHEREAS, the City issued a Final Environmental Impact Report (EIR21-001, State Clearinghouse No. 2021040009) (Final EIR) on May 10, 2022, incorporating the November 2021 Draft EIR; comments and recommendations received by the City on the Draft EIR, either verbatim or in summary, and a list of private individuals or entities and public agencies that submitted comments; City responses to significant environmental points raised in the review and consultation process; modifications made to the text of the Draft EIR that are also included in the Final EIR; and appendices to the Draft and Final EIRs; and WHEREAS, the Final EIR evaluates the possible environmental impacts of the proposed Specific Plan (SP20-0002), General Plan Amendment (GPA20-0002), Rezone (R20-0001), Multi-Family Site Development Plan (MFSDP20-0001), Tentative Subdivision Map (TSM20-0001), Conditional Use Permit (CUP20-0007), and Grading Variance (20-0002); and WHEREAS, to the extent authorized by law, the City desires and intends to use the Final EIR and the documents incorporated by reference therein, to comply with the environmental documentation requirements pursuant to CEQA, the State CEQA Guidelines and the City CEQA Guidelines for each of the above-referenced discretionary actions for the Project; and WHEREAS, the City prepared the Findings of Fact as specified in Exhibit A in accordance with CEQA and the State CEQA Guidelines and San Marcos Municipal Code Chapter 18.04 (City CEQA Guidelines); and WHEREAS, the Planning Commission is responsible pursuant to San Marcos Municipal Code Chapter 18.04 for reviewing the Final EIR and making a recommendation to the City Council as to whether the Final EIR should be certified if prepared in compliance with all applicable requirements; and WHEREAS, the Planning Commission recommended certification of the Final EIR to the City Council on April 4, 2022 by a 7-0 vote, in favor; and WHEREAS, the required public hearing held on May 10, 2022 was duly noticed and held in the manner prescribed by law.
NOW, THEREFORE, the City Council resolves as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
The Final EIR indicates that the Project would have direct and/or cumulative impacts in the following areas which can be reduced to less than significant levels with implementation of the mitigation measures in the Final EIR:
Biological Resources (impacts to sensitive species/habitats) Cultural Resources (unknown cultural resources during project excavation) Geology and Soils (paleontological resources)
Land Use and Planning (inconsistency with Mobility Element policies related to Levels of Service (LOS) for the project driveway exiting left-turn movements) Noise (onsite noise levels at select locations and rock crusher noise) Tribal Cultural Resources (unknown tribal cultural resources during excavation) The Final EIR indicates that the Project would have no impact or less than significant impacts in the following areas without the implementation of mitigation measures:
Aesthetics
Agricultural and Forestry Resources
Air Quality
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Population and Housing
Public Services
Recreation
Utilities and Service Systems
Wildfire
The Final EIR indicates the Project will have significant and unavoidable impacts on the environment after all feasible mitigation measures recommended in the Final EIR are implemented:
Land Use and Planning/Transportation due to improvements being located outside of the control of the City of San Marcos (improvements to intersections, street segments, and ramp meter locations within the jurisdiction of the California Department of Transportation (CalTrans)) Transportation (Vehicle Miles Travelled (VMT)), due to impacts remaining following exhaustion of feasible mitigation measures.
The Final EIR reflects the independent judgment of the City, as required by Section 21082.1(c)(3) of CEQA; and The Final EIR was prepared and completed in compliance with CEQA and all applicable requirements, as required by Section 15090 of the State CEQA Guidelines, including the Findings of Facts to be considered.
Upon consideration of the Finding of Facts, together with the staff report (copies of which are on file in the Planning Division), public testimony presented at the hearing, and all other oral and written evidence received by the City on this Project, the City Council hereby certifies the Final EIR.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 10th day of May, 2022, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
ATTEST:
Phillip Scollick, City Clerk
Attachment(s):
Exhibit A –Findings of Fact and Statement of Overriding Considerations
EXHIBIT A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS Resolution No. 2022-9013
EIR21-001
May 10, 2022