ORDINANCE NO. 2023-1528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A SPECIFIC PLAN TITLED “MONTIEL ROAD COMMERCIAL OFFICE BUILDING SPECIFIC PLAN” TO ALLOW THE SITE’S DEVELOPMENT WITH COMMERCIAL/OFFICE USES IN THE SPECIFIC PLAN AREA (SPA) ZONE.
SP19-0001
North Coast Church
WHEREAS, on March 26, 2019, the City received an application from RJ Realty Investors, LLC/North Coast Church requesting approval of a Specific Plan to allow the development of the site with commercial/office uses on a 2.59-acre site located at 2355 and 2375 Montiel Road in the Specific Plan Area (SPA) Zone, in the Richland Neighborhood more particularly described as:
A portion of Lot 16 of Block 7 of Rancho Los Vallecitos de San Marcos, in the City of San Marcos, County of San Diego, State of California, according to Map thereof No. 806, filed in the Office of the County Recorder of San Diego County, December 21, 1895.
Assessor’s Parcel Number(s): 228-370-20-00 & 228-370-39-00; and WHEREAS, the Specific Plan is being requested in conjunction with a Site Development Plan (SDP19-0003) for design review of a 32,969 square-foot office/commercial building and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on November 18, 2021, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on November 7, 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 January 24, 2023, 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 Mitigated Negative Declaration (ND21-005 & SCH No. 2021120298) 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 Ordinance.
The City Council hereby approves and adopts this Specific Plan, as shown on the attached Exhibit A, incorporated by reference and made a part of this Ordinance as though fully set forth herein.
This Specific Plan is approved in conjunction with the submitted Site Development Plan (SDP19-0003) and all conditions of approval specified in Resolution No. 2023-xxxx, which documents are incorporated herein by this reference; and the mitigation measures in Mitigated Negative Declaration (ND21-005) 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 Specific Plan is consistent with the City's General Plan, in that the subject property has a designation of Specific Plan Area (SPA) which requires the property to be developed under a Specific Plan. The Specific Plan will allow for commercial/office uses with approval of a Site Development Plan.
The proposed Specific Plan complies with the objectives of the adopted City-wide Land Use Policy Plan, in that the project achieves a balanced distribution and compatible mix of land uses to meet the present and future needs of all residents and the business community in accordance with Land Use Goal LU-1.
The proposed Specific Plan will not be detrimental to the public health, safety, morals, and welfare, in that the proposed commercial/office building will be conditioned through a Site Development Plan (SDP19-0003) as required by the Specific Plan, for architectural treatment, building setbacks, landscaping, parking, and adequate public facilities and infrastructure.
All requirements of CEQA have been met, in that Mitigated Negative Declaration (ND21-005) has been prepared for the proposed project and all potential impacts related to biological resources, cultural resources, public services, and tribal cultural resources will be mitigated to a level less than significant.
This Specific Plan is within the scope of the Final Mitigated Negative Declaration (ND21-005 & SCH No. 2021120298) and the mitigation monitoring and reporting program, and both are hereby recommended to the City Council for adoption pursuant to CEQA.
Prior to submittal of grading, final maps, and/or building permit application, whichever comes first, the applicant/developer shall submit the specific plan (in color) as an editable digital file on a CD and two (2) hard copies to the Planning Division for review and final approval.
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.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 24th day of January, 2023.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this [00] day of [month], 2023, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
ATTEST: APPROVED AS TO FORM:
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney Attachment(s):
Exhibit A – Specific Plan text
EXHIBIT A
Specific Plan
SPECIFIC PLAN TEXT AS SEPARATE PDF
Ordinance No. 2023-xx
SP19-0001
January 24, 2023