ORDINANCE NO. 2023-1531
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A REZONE OF 1.47 ACRES OF LIGHT INDUSTRIAL (L-I) ZONE AND 0.80 ACRES OF COMMERCIAL (C) ZONE TO MULTI-FAMILY RESIDENTIAL (R-3-10) ZONE R21-0004
Santa Fe Flores LP
WHEREAS, on November 19, 2021, the City received an application from Santa Fe Flores LP requesting a zone reclassification of 1.47 acres of Light Industrial (L-I) Zone and 0.80 acres of Commercial (C) Zone to Multi-Family Residential (R-3-10) Zone 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 Rezone is being requested in conjunction with a General Plan Amendment (GPA21-0008) to change the land use from “Light Industrial” and “Commercial” to “Medium Density Residential 2”; 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 Ordinance.
The City Council hereby approves this Rezone, as shown on the attached Exhibit A, incorporated by reference and made a part of this Ordinance as though fully set forth herein.
This Rezone is approved in conjunction with the submitted General Plan Amendment (GPA21-0008) and Multi-Family Site Development Plan (MFSDP21-0002) and all conditions of approval specified in Resolution Nos. 2023-9116 and 2023-9117, 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 Ordinance 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 Rezone is consistent with the City’s General Plan and the land uses authorized by the Rezone are compatible with the objectives, policies, general land uses, and programs specified 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 Rezone complies with the objectives of the adopted City-wide Land Use Policy Plan, in that the proposed fifty (50) residential units (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 Rezone implements the land use designations of the City's General Plan for the public health, safety, comfort, convenience, and general welfare of the San Marcos Community in that proposed multi-family residential development would direct growth into an area of San Marcos that can support a variety of uses, and the proposed multi-family residential development constitutes an appropriate transition from the commercial and light industrial development to the north and west, and is consistent in land use with the multi-family residential complex to the east.
The proposed Rezone enables flexibility in development type and scale by location to provide for emerging economic and social trends, in that there has been no pursuit to develop the property under the current Light Industrial (L-I) and Commercial (C) Zones due to topography and access constraints; and development of the vacant property with the proposed residential project would be a lesser intense development and more suitable for the property and more compatible with the surrounding area.
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 Rezone 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.
This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall publish this Ordinance or the title hereof as a summary in a newspaper of general circulation in the City as required by law.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 28th day of February, 2023.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 14th day of March, 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 – Rezone Exhibit
EXHIBIT A
Rezone Exhibit
APN: 217-161-18-00
Zone change from Light Industrial (L-I) to Multi-Family Residential (R-3-10) APN: 217-161-19-00
Zone change from Commercial (C) to Multi-Family Residential (R-3-10) Ordinance No. 2023-1531
R21-0004
February 28, 2023