RESOLUTION NO. 2022-9052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APROVING A GENERAL PLAN AMENDMENT FOR MAP CHANGES IN THE LAND USE AND MOBILITY ELEMENTS OF THE GENERAL PLAN GPA21-0005
Urban Villages San Marcos, LLC
WHEREAS, Government Code sections 65350 et seq. require each planning agency and legislative body of each city to adopt a comprehensive, long-term general plan for the physical development of the city; and WHEREAS, Section 65358 of the Government Code specifies the requirements for the amendment of all or part of a General Plan; and WHEREAS, on September 10, 2021, the City received an application from Urban Villages San Marcos, LLC requesting a General Plan Amendment to the Land Use and Mobility Elements of the General Plan for the purpose of amending the land use maps related to Specific Plan boundary changes, removing the State Route 78 fly-over bridge, and removing the pedestrian bridge at Discovery Street, respectively; and WHEREAS, the General Plan Amendment is requested in conjunction with a Specific Plan Amendment (SP21-0002) for various changes to the University District Specific Plan (UDSP), a Specific Plan Amendment to the Heart of the City Specific Plan (SP22-0002),a Tentative Subdivision Map (TSM21-0002) to subdivide a portion of the UDSP area into five (5) lots and 26 condominium units (23 commercial units and three (3) residential units) and a Site Development Plan (SDP21-0003) for three mixed-use buildings; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on November 8, 2021, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on June 6, 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 July 12, 2022 the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and WHEREAS, the project is within the scope of the programmatic Final Environmental Impact Report for the University District Specific Plan (FEIR) and said FEIR adequately describes the proposed project addressed in the 2022 Addendum to the FEIR (State Clearinghouse No. 2008101083) prepared for the project pursuant to the California Environmental Quality Act (CEQA); and NOW, THEREFORE, the Planning Commission 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 General Plan Amendment, as shown on the attached Exhibit A incorporated by reference and made a part of this Resolution as though fully set forth herein.
This General Plan Amendment is approved in conjunction with the submitted Specific Plan Amendments (SP21-0002 & SP22-0002), Tentative Subdivision Map (TSM21-0002), and Site Development Plan (SDP21-0003) and all conditions of approval specified in Ordinance 2022-1519 (SP21-0002), Ordinance 2022-1520 (SP22-0002), Resolution 2022-9053 (TSM21-002) and Resolution 2022-9054 (SDP21-0003), respectively, which documents are incorporated herein by this reference; and the mitigation measures set forth in the FEIR for the University District Specific Plan and the 2022 Addendum to the FEIR (State Clearinghouse No. 2008101083) 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 proposed General Plan Amendment is consistent with the Goals and Objectives in the General Plan in that removing two properties from Heart of the City Specific Plan and expanding the University District Specific Plan will increase the size of an anticipated high quality built environment with forms and character that create memorable places (GP Land Use Goal LU-5), develop land use patterns that are compatible with and support a variety of mobility opportunities and choices (GP Land Use Goal LU-3), maintain a supportive business climate and a healthy, sustainable economy to retain and attract high quality businesses and create additional employment opportunities (GP land Use Goal LU-6), and helps to direct and sustain growth and expansion in areas of San Marcos that can support a concentration of a variety of uses and are particularly suitable for multi-model transportation and infrastructure expansion and improvements (GP land Use Goal LU-7). Removal of the Johnston Lane State Route 78 Flyover Bridge is supported by a Local Transportation Analysis (LTA) that demonstrates that the amended development scenario results in reduced trip generation and removes the need for the bridge connection. Further, a dedicated right-turn lane project feature is proposed at Discovery Street and Craven Road. Together, the street network, removal of the Flyover bridge, and the dedicated right turn lane provide safe and effective movement of people and goods (GP Goal M-1). Removal of the pedestrian bridge at Discovery Street will not degrade the pedestrian friendly element of the area; development south of the University District does not provide an adequate landing for a pedestrian bridge, and the crossing can be replaced with an enhanced at-grade pedestrian crossing (GP Policy M-3.5).
The proposed General Plan Amendment is deemed to be in the public interest in that a Local Transportation Analysis based upon the reduced trip generation from the proposed amendments demonstrated that construction of the Johnston Lane SR-78 Flyover bridge to no longer needed. Removal of the Flyover bridge eliminates impacts to properties located north of State Route 78 and San Marcos Creek. Further, the pedestrian bridge over Discovery Street has been deemed to be unwarranted. Existing development south of Discovery Street does not provide a landing for the bridge, and construction of a bridge would therefore impact existing development. And, inclusion of APN’s 220-202-18-00 and 220-201-90-00 will expand the geographic boundaries of the University District Specific Plan, which will in turn increase the types of land uses permitted within the expansion area, including residential development, a more compatible use with nearby mass transit and existing development within the University District Specific Plan Area.
The proposed General Plan Amendment will not be detrimental to the public health, safety, and welfare, in that the proposed removal of two properties from HOC-SP and addition of those properties to the UDSP will expand the types of land uses permitted on the subject properties and will result in development more compatible with the mixed use and urban character of the University District. Additionally, future development will be conditioned through a Site Development Plan for architectural treatment, building setbacks, landscaping, parking, stormwater treatment, floodway/floodplain design compliance, and adequate public facilities and infrastructure, including fire, police, water, sewer, and street improvements. Removal of the Johnston Lane State Route 78 Flyover bridge and Discovery Street Pedestrian bridge, both identified in the Mobility Element, will not impact circulation. This is because of the reduction in commercial square footage and corresponding reduction in the number of daily trips within the UDSP area as demonstrated by the Local Transportation Analysis prepared by Urban Systems Inc. dated May 2022.
All requirements of CEQA have been met, in that an Addendum to the 2009 FEIR was prepared and adequately demonstrated that none of the conditions described in Section 15162 of the California Environmental Quality Act (CEQA) statute and guidelines calling for preparation of a subsequent EIR have occurred.
This General Plan Amendment is within the scope of the FEIR for the University District Specific Plan and the 2022 Addendum to the FEIR (State Clearinghouse No. 2008101083) prepared for the project pursuant to the California Environmental Quality Act (CEQA) and the mitigation monitoring and reporting program pursuant to CEQA.
F. 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, the University District 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.
G. 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.
H. 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 12th day of July, 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 – Proposed General Plan Changes Table
Exhibit B – GPA Exhibit (Strikeout/Underline)
EXHIBIT A
Section
Page(s)
Revision
Land Use and Community Design Element
2-11
Modify Figure 2-3 to remove APNs 220-201-90 and 220-202-18 from the Heart of the City SP and add to the University District.
Land Use and Community Design Element
2-21
Modify Figure 2-5 to remove APNs 220-201-90 and 220-202-18 from the Heart of the City SP and add to the University District.
Chapter 3 – Mobility Element
3-33
Modify Figure 3-7 to eliminate the proposed Bridge/Overcrossing or Undercrossing at 78-Freeway and to eliminate the proposed Pedestrian Bridge at Discovery Street.
General Plan Appendix D – Focus Area and Specific Plan Summary AD-10
Modify Table D-3 acreages, square footages, room count and build out percentage associated with the University District.
EXHIBIT B
GPA Pages Exhibit (Strikeout/Underline)
Resolution No. 2022-9052
GPA21-0005
July 12, 2022