RESOLUTION NO. 2022-9017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A TENTATIVE SUBDIVISION MAP FOR UP TO 151 RESIDENTIAL CONDOMINIUMS IN THE HALLMARK-BARHAM SPECIFIC PLAN AREA (SPA) ZONE TSM20-0001
Hall Land Company, Inc.
WHEREAS, on July 13, 2020, the City received an application from Hall Land Company, Inc. requesting a Tentative Subdivision Map for up to 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 Tentative Subdivision Map 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 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; 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 WHEREAS, the City Council did consider said Tentative Subdivision Map and the recommendation by City staff, including but not limited to the City Engineer, the Director of Public Health, the Director of the Department of Sanitation and Flood Control, and the Chief of the San Marcos Fire Department and Fire Protection District with respect thereto; and WHEREAS, the applicant/developer proposes to file a Final Map of said subdivision.
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 Tentative Subdivision Map pursuant to the City Subdivision Ordinance (SMMC Title 19), and no waiver of any requirement of said Ordinance is intended or implied except as specifically set forth in this resolution, and subject to compliance with the conditions of approval in Exhibit A attached hereto and incorporated by reference and made a part of this Resolution as though fully set forth herein.
This Tentative Subdivision Map 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), Conditional Use Permit (CUP20-0007), and Grading Variance (GV20-0002) 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:
The conditions of approval in the attached Exhibit A, and the findings below are necessary to insure that the subdivision and the improvements thereof will conform with all ordinances, plans, rules, standards, and improvements and design requirements of the City.
The Tentative Subdivision Map is consistent with the City’s adopted General Plan, designation of Specific Plan Area (SPA) in that it creates a 1-lot condominium map for 151 units to allow the development of residential townhomes in an area of the City designated for Specific Plan Area, and is compatible with the objectives, policies, general land uses, and programs specified in the Sunrise Specific Plan, in that the proposed residential project will provide residential units with required parking, private and public open space/recreational amenities, serving to provide a balanced distribution and compatibility of land uses. In addition, General Plan Consistency Findings are provided within the Hallmark-Barham Specific Plan.
The design or improvement of the proposed subdivision is consistent with the City’s adopted General Plan designation for the Hallmark-Barham Specific Plan (SPA), in that proposed residential project will be consistent with its adopted polices and standards, as well as would be compatible with the existing residential development to the east. This multi-family residential project is strategically located near transit (e.g.: midway between the CSUSM and Escondido Sprinter Stations and Park & Ride at adjacent property), and retail areas to facilitate smart growth programs.
The site is physically suitable for the proposed density of development, in that the 151 residential units would provide a residential density of 14 dwelling units per acre.
The design of this subdivision and improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the EIR has identified, analyzed and provide mitigation measures to reduce project impacts to less than significant.
The design of this subdivision and type of improvements is not likely to cause serious public health problems, in that the EIR reviewed, analyzed and did not identify any health or safety issue areas on site.
The design of this subdivision or the type of improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
The Tentative Subdivision Map, as conditioned, will not be detrimental to the public health, morals, safety, and welfare in that adequate public facilities and infrastructure including fire, water, sewer, and drainage will be provided.
The property is not subject to a Williamson Act contract, an open space easement, a conservation easement, or an agricultural conservation easement.
The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling in the subdivision.
The City Council considered the effect of the development on the housing needs of the region and the balancing of those needs against the public service needs of residents and available fiscal and environmental resources.
As a common interest development, prospective buyers will be provided the required notices and reports pursuant to applicable law All requirements of CEQA and the environmental protection provision of the City’s Subdivision Ordinance (SMMC Title 19) in that Environmental Impact Report (FEIR21-001) (SCH No. 2021040009) has been prepared for this Tentative Subdivision Map, and all potential impacts related to biological resources, cultural resources, noise, and tribal cultural resources, will be mitigated to a level less than significant, or in the case of transportation, will be significant, and unmitigable, requiring approval of a Statement of Overriding Considerations in order to certify the EIR and have been incorporated into the Conditions of Approval for the project.
This Tentative Subdivision Map 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 Tentative Subdivision Map complies with the requirements of the City’s Subdivision Ordinance and the State’s Subdivision Map Act.
The approval of this Tentative Subdivision Map shall expire within twenty-four (24) months from date of City Council approval. The Final Map, conforming to this conditionally approved Tentative Subdivision Map, shall be filed with the City Council in time so that the Council may approve said map before its expiration, unless prior to that date, the Planning Commission or City Council subsequently grants a time extension for the filing of the Final Map, as provided for in the City’s Subdivision Ordinance and the State’s Subdivision Map Act. It is the applicant/developer’s responsibility to track the expiration date. Failure to request an extension will result in a re-filing of the Tentative Subdivision Map and new processing of the map.
Within thirty (30) days of the approval of the Tentative Subdivision Map (TSM20-0001) the approved plans (i.e.: tentative subdivision map, landscape plans, etc.) shall be submitted as a digital file on a CD including this Resolution as the title page. This title page shall include the statement "I (we), ______ , the applicant/owner(s) or the applicant/owner's representative, have read, understand and agree to the conditions of Resolution No. 2022-9017.” Immediately following this statement shall appear a signature block for the owner or the owner's representative which shall be signed. Signature blocks for the Project Planner and the Project Civil Engineer shall also appear on this title page. The digital copy shall be approved by the City prior to any Final Map, grading plan, improvement plan, or building permit.
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.
The applicant/developer shall comply with all rules, regulations and design requirements of the respective sewer, water, utility, regional, federal or other approving agency regarding the installation, modification, development, improvement or protection of facilities within the boundaries. It shall be the applicant/developer’s responsibility to determine all agencies with rights of approval for the proposed development.
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 – Conditions of Approval
EXHIBIT A
RESOLUTION NO. 2022-9017
TSM20-0001
Conditions of Approval
General Provisions
All of the terms, covenants and conditions contained herein shall run with the land and be binding on and inure to the benefit of the heirs, successors, assigns, and representatives of the applicant/developer as to any and all of the property.
If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City of San Marcos (City) shall have the right to revoke or modify all approvals herein granted including issuance of building permits; deny or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel compliance with said conditions or see damages for their violation. The applicant/developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.
The applicant/developer shall be responsible for bearing the costs of all grading activities, on-site and off-site improvements, labor, design, mitigation, and other costs associated with, but not limited to, the project’s planning, engineering, construction and/or architecture for the project.
The proposed new development may be subject to the payment of development fees and in-lieu fees as required by the City’s Fee Ordinance at the time an application is submitted or prior to the issuance of permits as determined by the City.
The development must comply with the storm water regulations applicable at the time of approval of the corresponding grading permit application.
All design requirements and mitigation measures of Environmental Impact Report (FEIR21-001) (SCH No. 2021040009) shall be implemented.
Prior to submittal of any Final Map, the applicant/developer shall comply with the following conditions:
Land Development Division
The Final Map shall show the gross and net acreage of all lots created.
The Final Map shall use the California Coordinate System for its “Basis of Bearing” and express all measured and calculated bearing values in terms of said system. The angle of grid divergence from a true median (theta or mapping angle) and the north point of said map shall appear on each sheet thereof. Establishment of said Basis of Bearings may be by use of existing Horizontal Control stations or astronomic observations. “Basis of Bearings” means the source of uniform orientation of all measured bearings shown on the map. Unless otherwise approved, this source will be the California Coordinate System, Zone 6, North American Datum of 1983 (NAD 83).
A condominium note shall be included on the Final Map which denotes a maximum number of 151 residential condominiums, pursuant to the Subdivision Map Act.
Prior to or concurrent with the recordation of a Final Map, the applicant/developer shall comply with the following conditions:
Land Development Division
As required, the applicant/developer shall apply for a public improvement permit compliant with SMMC Chapter 14.16. All plans submitted for public improvements shall conform to applicable codes and engineering handouts, unless explicitly superseded by the conditions contained herein. All appropriate fees shall be paid for the processing of the permit.
The applicant/developer shall dedicate to the City easements or rights-of-way for all public streets, utilities, drainage facilities, trails, emergency access, access and appurtenances thereto, and all other interests in real property required by these conditions and as shown on the tentative map. All property or property interests shall be granted to the City free and clear of all liens and encumbrances and without cost to the City and free of environmental hazards, hazardous materials or hazardous wastes.
Prior to the recordation of a Final Map (except maps for financing and conveyance purposes only), the applicant/developer shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City, unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the applicant/developer shall furnish a copy of the proposed easement to the Land Development Engineer for review and approval.
Where proposed off-site improvements, including but not limited to streets, slopes, public utility facilities and drainage facilities, are to be constructed, the applicant/developer shall obtain all necessary easements or other interests in real property and shall dedicate the same to the City as required by the City. The applicant/developer shall provide recorded documents satisfactory to the City that such easements or other interest in real property have been obtained prior to the approval of the Final Map.
If said dedication and easements are not acquired after negotiations between the private parties, the applicant/developer shall submit a written request and provide sufficient information not later than sixty (60) days prior to the filing of any Final Map for approval, in accordance with SMMC Section 19.16.110, in order for the City to initiate condemnation proceedings as necessary for offsite acquisition of property. In all cases, the applicant/developer shall be responsible for all costs incurred in acquiring offsite property.
The Final Map shall include a statement to indicate that all streets, drainage, street lights, street signage and striping improvements within the interior of this subdivision designated as private shall remain private and be maintained by a homeowners association (HOA).
The applicant/developer shall develop Covenants, Conditions and Restrictions (CC&Rs) for the proposed project to assure the continued maintenance and operation of all open space and common areas, recreational facilities, and private improvements.
At a minimum, the CC&Rs shall describe the property manager and/or HOA maintenance responsibilities, parking restrictions, fuel modification maintenance, water quality Best Management Practices (BMPs), City reporting responsibilities, and any regulatory agency permit responsibilities. The CC&Rs shall include an exhibit and/or written description depicting the HOA responsibilities.
The applicant/developer shall submit a draft copy of the CC&Rs for review and comment by the City. Final form of the CC&Rs shall be to the satisfaction of the City Attorney. A fully executed copy of the CC&Rs shall be provided to the City for recordation with the Final Map.
The CC&Rs shall include the provision that garages shall be utilized for the parking of vehicles, to be enforced by the HOA.
Maintenance of private open space areas and slopes shall be the responsibility of the HOA. All remaining open space lots, improvements and slopes that the City agrees to maintain must comply with City's criteria for maintenance for the Community Facility District No. 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance).
If the project is to be phased, a phasing plan shall be submitted and approved by the City Engineer and Planning Division Director prior to approval of the Final Map. The phasing plan may be subject to further conditions. Should the applicant/developer decide to develop phases out of numerical sequence with the approved phasing as shown on the plan, all conditions required of the proceeding phases shall be completed unless otherwise approved by the City Engineer and the Planning Division Director. Other conditions may be imposed by the City Engineer and Planning Division Director to allow out-of-phase construction.
For commercial or multifamily areas that share access and/or parking, an unsubordinated reciprocal access, maintenance and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the San Diego County Recorder. A copy of the recorded agreement shall be submitted to the City's Planning Division.
The applicant/developer shall submit plans and appropriate construction notes for improvement of all streets, right of way and drainage facilities to the City Engineer for approval. Plans shall include all off-site improvements as specified by the City Engineer. In addition, a signage and striping plan shall be included with the improvement plans utilizing Caltrans’ standards and shall be acceptable to the City Engineer.
The design of all private streets and/or drainage systems for this project shall be approved by the City Engineer. The structural section of all private streets shall conform to City standards based on R-value tests. All private streets and/or drainage systems shall be inspected by the City, and the standard plan check fees and inspection fees shall be paid and appropriate bonds shall be posted with the City prior to approval of the Final Map for each Map Unit.
The exact depth of any new or improved street structural section and subgrade requirement shall be determined based on subgrade “R” value tests and the appropriate Traffic Index for the type of street as described in the City's “Urban Street Design Criteria” and “Street Excavation Ordinance”. Tests shall be taken by a qualified engineer at locations approved by the Director of Public Works.
The applicant/developer shall mitigate for impacts on City services related to emergency response, traffic congestion, landscaping, and infrastructure maintenance. The mitigation shall be met through the execution of applications to annex the real property of the project into the following Community Facilities Districts (CFD):
CFD 98-01: Improvement Area No. 1 (Police Only)
CFD 98-02: Lighting, Landscaping, Open Space and Preserve Maintenance CFD 2001-01: Fire and Paramedic
CFD 2011-01: Congestion Management
No building permit will be issued without receipt of a petition for annexation and consent and waiver executed by the property owners for each of the above-referenced CFDs for the establishment of the special taxes. In lieu of annexation, the applicant/developer may pay a fee for each CFD consentient with the pre-payment option laid out in each CFD formation document. The applicant/developer shall be responsible for compliance with all rules, regulations, policies and practices established by State Law and/or the City with respect to the CFD including, without limitation, requirements for notice and disclosure to future owners and/or residents.
The applicant/developer shall post securities to the City, in amounts approved by the City Attorney and the City Engineer or their designees, for the construction of all public and private improvements including but not limited to the following: grading and erosion control, street improvements, traffic signals, storm drain facilities, water quality BMPs, landscaping, and off-site street repair. Said security shall be in a form acceptable to the City and shall remain in force until completion of the project and final approval by the City. Said security shall insure the construction of the “approved” public improvements within a period to be specified in the Subdivision Improvement Agreement. For grading securities, the City may require 10% of said securities to be in the form of cash.
Prior to issuance of any building permit, the applicant/developer shall comply with the following conditions:
Land Development Division
The Final Map shall be recorded prior to building permit issuance.
Prior to the occupancy of any structure, the applicant/developer shall comply with the following conditions:
Land Development Division
All applicable easements and agreements shall be recorded prior to occupancy, unless earlier recording is required by these Conditions.
Prior to the issuance of any certificates of use and occupancy, the applicant/developer shall provide evidence to the Building Official, that the Department of Real Estate has been notified that the project area is within the boundaries of a Community Facilities District (CFD), and will be subject to special taxes for public facilities and/or services.
Prior to the issuance of any certificates of use and occupancy, the applicant/developer shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City, unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the applicant/developer shall furnish a copy of the proposed easement to the Land Development Engineer for review and approval. Further, a copy of the approved easement shall be furnished to the Land Development Engineer prior to issuance of any certificate of use and occupancy.
Resolution No. 2022-9017
TSM20-0001
May 10, 2022