RESOLUTION NO. 2022-9018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A GRADING VARIANCE TO ALLOW MANUFACTURED SLOPES TO EXCEED TWENTY (20) FEET IN HEIGHT FOR 151 RESIDENTIAL CONDOMINIUMS IN THE HALLMARK-BARHAM SPECIFIC PLAN AREA (SPA) ZONE GV20-0002
Hall Land Company, Inc.
WHEREAS, on July 13, 2020, the City received an application from Hall Land Company, Inc. requesting a Grading Variance to allow manufactured slopes to exceed twenty (20) feet in height for 151 residential condominiums on a 10.6-acre site located at 943 E. Barham Drive (south side of Barham Drive, approx. 475 feet east of Woodland Parkway) in the Hallmark-Barham Specific Plan Area (SPA) Zone in the Barham/Discovery Community more particularly described as:
Portions of Lots 1 and 3 of Section 18, Township 12 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved December 14, 1885.
Assessor’s Parcel Number(s): 228-310-01-00; and
WHEREAS, the Grading Variance is being requested in conjunction with 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; and a Conditional Use Permit (CUP20-0007) to allow for a temporary rock crusher during grading operations; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on April 15, 2021, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on April 4, 2022, the San Marcos Planning Commission held a duly noticed public hearing and recommended approval of said request and the appropriate environmental document for said request to the City Council by a 7-0 vote, in favor; and WHEREAS, on May 10, 2022, the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and WHEREAS, the City Council did review and consider a/an Environmental Impact Report (FEIR21-001) (SCH No. 2021040009) for said request pursuant to the California Environmental Quality Act (CEQA); and NOW, THEREFORE, the City Council does hereby resolve as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
The City Council hereby approves this Grading Variance, as shown on Exhibit A attached hereto and incorporated by reference and made a part of this Resolution as though fully set forth herein.
This Grading Variance is approved in conjunction with the submitted Specific Plan (SP20-0002), Rezone (R20-0001), General Plan Amendment (GPA20-0002), Multi-Family Site Development Plan (MFSDP20-0001), Tentative Subdivision Map (TSM20-0001), and Conditional Use Permit (CUP20-0007) and all conditions of approval specified in Ordinance Nos. 2022-1517 and 2022-1518 and Resolution Nos. 2022-9014, 2022-9015, 2022-9016, and 2022-9017, respectively, which documents are incorporated herein by this reference; and the mitigation measures in Environmental Impact Report (FEIR21-001) (Resolution No. 2022-9013) are hereby incorporated by reference and made a part of this Resolution with the same force and effect as though fully set forth herein.
The City Council’s decision is based on the following findings and determinations:
There are exceptional and extraordinary circumstances or conditions applicable to the property or the intended use of the property that do not apply generally to the property or class of use in the same vicinity and Zone, in that the existing site condition consists of a site that contains a hillside that slopes up from the north to the south, resulting in the need for slopes that exceeding 20 feet in height. Furthermore, additional grading is required to properly site a bio-retention basin on the northwest corner of the project site. Due to the existing condition of the site, it would require substantial grading to reduce the proposed slopes to less than 20 feet to accommodate the development of the residential area intended for multifamily condominiums per the standards within the Hallmark-Barham Specific Plan.
The granting of the Grading Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and Zone, and denied to the property for which the Grading Variance is sought, in that the proposed grading resulting in the need for slopes greater than 20 feet in height is similar in size and appearance to the property located directly east of the project site. The grading on the subject site will appear consistent with the adjacent development which obtained approval of a Grading Variance (GV 03-72) in 2003. Due to existing site conditions, the variance is necessary to develop the property.
The granting of the Grading Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and Zone in which the property is located, in that guidelines in that all manufactured slopes shall be safely engineered per the recommendations of the Soil and Geological Investigation and therefore will not be materially detrimental to the public health, safety, or welfare, or be injurious to the properties or improvements in the vicinity.
The granting of the Grading Variance will not adversely affect the implementation of the General Plan for the Richland Neighborhood in that all slopes will be landscaped to beautify the neighborhood; the proposed retaining walls will be constructed of earth-tone, textured block to blend with the surrounding terrain; and the residential development will be architecturally compatible with the surrounding neighborhood.
All requirements of CEQA have been met, in that the Environmental Impact Report prepared for the project analyzed the proposed landform modification resulting from the project for Aesthetic and Geology/Soils and determined that no impact will occur. The Grading Variance will allow for more efficient grading by requiring less landform modification, reducing the project footprint, to provide more development cohesion. The manufactured slope will also be safely engineered per the recommendations of the Soil and Geological Investigation.
This Grading Variance is within the scope of the Environmental Impact Report (FEIR21-001) (SCH No. 2021040009) and the mitigation monitoring and reporting program, and both are hereby certified pursuant to CEQA.
The applicant/developer shall comply with all provisions and requirements set forth in the San Marcos Municipal Code, and all City ordinances, resolutions, policies and procedures, and as authorized by the Hallmark-Barham Specific Plan, and with all applicable state and federal regulations, as may be amended from time to time, whether or not such provisions or requirements have been specifically set forth in these conditions, all of which are now incorporated by reference and made a part of this Resolution with the same force and effect as though fully set forth herein.
To the extent feasible and as permitted by law, developers and contractors are requested to first consider the use of San Marcos businesses for any supplies, materials, services, equipment needed, and the hiring of local residents to stimulate the San Marcos economy to the greatest extent possible.
To the extent permitted by law, the applicant/developer shall defend and hold the City of San Marcos, its agents and employees harmless from liability from: (i) any and all actions, claims, damages, injuries, challenges and/or costs of liabilities arising from the City's approval of any and all entitlements or permits arising from the project as defined in the conditions of approval, or issuance of grading or building permits; (ii) any damages, liability and/or claim of any kind for any injury to or death of any person, or damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of the applicant/developer or its contractors, subcontractors, agents, employees or other persons acting on applicant/developer's behalf which relate to the project; and (iii) any and all damages, liability and/or claims of any kind arising from operation of the project. The applicant/developer further agrees that such indemnification and hold harmless shall include all defense related fees and costs associated with the defense of City by counsel selected by the City. This indemnification shall not terminate upon expiration of the conditions of approval or completion of the project, but shall survive in perpetuity.
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 - Grading Variance Exhibit
EXHIBIT A
Grading Variance Exhibit
Resolution No. 2022-9018
GV20-0002
May 10, 2022