RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A GENERAL PLAN AMENDMENT FOR A LAND USE CHANGE OF 1.47 ACRES OF “LIGHT INDUSTRIAL” AND 0.80 ACRES OF “COMMERCIAL” TO “MEDIUM DENSITY RESIDENTIAL 2” GPA21-0008
Santa Fe Flores LP
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 November 19, 2021, the City received an application from Santa Fe Flores LP requesting a General Plan Amendment for a change of land use of 1.47 acres of “Light Industrial” and 0.80 acres of “Commercial” to “Medium Density Residential 2” located at the northwest corner of S. Santa Fe Avenue and N. Las Flores Drive in the College Area Neighborhood more particularly described as:
Portion of Lot 4 in Block 95 of Rancho Los Vallecitos de San Marcos, in the City of San Marcos, County of San Diego, State of California, according to Map No. 806, filed in the Office of the County Recorder of San Diego County on December 21, 1895.
Assessor’s Parcel Number(s): 217-161-18-00 and 217-161-19-00; and WHEREAS, the General Plan Amendment is requested in conjunction with a Rezone (R21-0004) to change the zone from Light Industrial (L-I) and Commercial (C) to Multi-Family Residential (R-3-10); and a Multi-Family Site Development Plan (MFSDP21-0002) for design review of a residential apartment building; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on July 14, 2022, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on February 6, 2023, 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 6-1 vote, in favor; and WHEREAS, on February 28, 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 (ND22-008) (SCH No. 2022090486) 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 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 Rezone (R21-0004) and Multi-Family Site Development Plan (MFSDP21-0002) and all conditions of approval specified in Ordinance No. 2023-XXXX and Resolution No. 2023-XXXX, respectively, which documents are incorporated herein by this reference; and the mitigation measures in Mitigated Negative Declaration (ND22-008) 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 the proposed 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 (General Plan Goal LU-1) and provides further opportunities for affordable housing with 5 dedicated units for low income housing within the project (Housing Element Goal 2). In addition, the project will designate land for a variety of residential densities sufficient to meet the housing needs for a variety of household sizes and income levels, with higher densities being focused in the vicinity of transit stops in proximity to significant concentrations of employment opportunities (Housing Element Policy 1.1). The proposed 50-unit apartment project (in conjunction with a 12% Density Bonus) is consistent with the 15 to 20 dwelling units per acre density range of the “Medium Density Residential 2”.
The proposed General Plan Amendment is deemed to be in the public interest in that the project will construct a valuable and attractive development on a property in the College area which has remained vacant and undeveloped under the current land use designations of “Light Industrial” and “Commercial”. Development of the property with a quality architectural and landscape design will increase property tax revenue; the property will annex into the Community Facility District: CFD 2001-01 (Fire and Paramedic) and CFD 98-01, Improvement Area No. 1 (Police) to compensate for the incremental City-wide increase in demand for fire and police protection services, respectively; and the proposed land use change to “Medium Density Residential 2” of the property is consistent with the adjacent property to the east across Las Flores Drive.
The proposed General Plan Amendment will not be detrimental to the public health, safety, and welfare, in that the proposed project will be conditioned through a Multi-Family Site Development Plan for architectural treatment, building setbacks, amenities, parking, stormwater treatment, and adequate public facilities and infrastructure, including fire, police, water, and sewer are available to the property for the project. The project will also be developed in accordance with the California Building Code and all landscaping will be installed in conformance with the City’s Water Efficient Landscape Ordinance.
All requirements of CEQA have been met, in that Mitigated Negative Declaration (ND 22-008) 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 General Plan Amendment is within the scope of the Mitigated Negative Declaration (ND22-008) (SCH No. 2022090486) and the mitigation monitoring and reporting program, and both are hereby adopted 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, 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 28th day of February, 2023, 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 – Land Use Change Exhibit
EXHIBIT A
Land Use Change Exhibit
APN: 217-161-18-00
Land Use change from “Light Industrial” to “Medium Density Residential 2” APN: 217-161-19-00
Land Use change from “Commercial” to “Medium Density Residential 2” Resolution No. 2023-XXXX
GPA21-0008
February 28, 2023