RESOLUTION NO. 2023-9150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING GPA21-0001 AND GPA21-0007, AMENDMENTS THE CITY’S GENERAL PLAN GPA 23-0001
WHEREAS, on June 27, 2023, the City Council of the City of San Marcos (“City Council”) conducted a duly noticed public hearing and approved Resolution No. 2023-9152 conditionally approving an amendment to the City’s General Plan to change the land use designation from Mixed-Use 3 to Commercial (“GPA21-0001”) for 1.76 acres located at southwest corner of North Los Posas and East Mission Roads (“Arco AM/PM”) as described in Exhibit “B” of Resolution No. 2023-9152; and WHEREAS, on June 27, 2023, prior to its conditional approval of GPA21-0001, the City Council reviewed and considered a Mitigated Negative Declaration (ND22-010 / SCH No. 2022100480) pursuant to the California Environmental Quality Act (CEQA) and determined that GPA21-0001 is within the scope of the Mitigated Negative Declaration and the mitigation monitoring and reporting program; and WHEREAS, all persons wishing to testify in connection with GPA21-0001 were heard during the public hearing on June 27, 2023 and GPA21-0001 was comprehensively reviewed; and WHEREAS, on June 27, 2023, the City Council conducted a duly noticed public hearing and approved Resolution No. 2023-9155 conditionally approving an amendment to the City’s General Plan to change the land use designation from “Commercial” to “Specific Plan Area” (“GPA21-0007”) on 7.6 acres located west of the intersection of N. Las Posas Road and Palm Road (“Meritage Gran Vista”) as described in Exhibit “A” of Resolution No. 2023-9155; and WHEREAS, on June 27, 2023, prior to its conditional approval of GPA21-0007, the City Council approved Resolution No. 2023-9158 certifying the Final EIR (FEIR22-002) (SCH No. 2022040440) for GPA21-0007, adopted findings and a statement of overriding considerations and a mitigation monitoring and reporting program, all in compliance with CEQA which included an analysis of the environmental impacts of GPA21-0007; and WHEREAS, all persons wishing to testify in connection with GPA21-0007 were heard during the public hearing on June 27, 2023 and GPA21-0007 was comprehensively reviewed; and WHEREAS, pursuant to Government Code section 65358(b), a mandatory element of the City’s General Plan may be amended no more than four times per calendar year; and WHEREAS, in compliance with Government Code section 65358(b), the City Council desires to approve GPA21-0001 and GPA21-0007.
NOW, THEREFORE, the City Council of the City of San Marcos, California, resolves as follows:
SECTION 1. Incorporation by Reference. The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
SECTION 2. CEQA Findings for GPA21-0001. As the decision-making body for GPA21-0001, the City Council has reviewed and considered the information contained in the Mitigated Negative Declaration, including all written and oral evidence provided during the public hearing for GPA21-0001. Based on the facts and information contained in the Mitigated Negative Declaration, the City Council hereby makes and adopts the following findings:
The Mitigated Negative Declaration has been completed in compliance with CEQA and all other applicable laws.
The Mitigated Negative Declaration contains a complete and accurate reporting of the environmental impacts associated with GPA21-0001 and reflects the independent judgment and analysis of the City Council.
All mitigation measures applicable to GPA21-0001 shall be a condition of approval for GPA21-0001 and are incorporated herein by this reference.
SECTION 3. CEQA Findings for GPA21-0007. As the decision-making body for GPA21-0007, the City Council has reviewed and considered the information contained in the Final EIR, including all written and oral evidence provided during the public hearing for GPA21-0007. Based upon the facts and information contained in the Final EIR, the City Council hereby makes and adopts the following findings:
The Final EIR has been completed in compliance with CEQA and all other applicable laws.
The Final EIR contains a complete and accurate reporting of the environmental impacts associated with the GPA21-0007 and reflects the independent judgment and analysis of the City Council.
All mitigation measures applicable to GPA21-0007 shall be a condition of approval for GPA21-0007 and are incorporated herein by this reference.
SECTION 4. General Plan Amendment Findings for GPA21-0001. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby reaffirms and incorporated herein by reference the General Plan Amendment Findings for GPA21-0001 as set forth in Resolution No. 2023-9152.
SECTION 5. General Plan Amendment Findings for GPA21-0007. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby reaffirms and incorporated herein by reference the General Plan Amendment Findings for GPA21-0007 as set forth in Resolution No. 2023-9155.
SECTION 6. Approval of GPA21-0001. GPA21-0001 is hereby approved. The City Council hereby adopts the amendments to the City’s General Plan Land Use Map as set forth on the map attached as Exhibit “B” of Resolution No. 2023-9152 and incorporated herein by reference.
SECTION 7. Approval of GPA21-0007. GPA21-0007 is hereby approved. The City Council hereby adopts the amendment to the City’s General Plan Land Use Map as set forth on the map attached as Exhibit “A” of Resolution No. 2023-9155 and incorporated herein by reference.
SECTION 8. Severability. In the event any portion of this Resolution and the approvals referenced herein is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Resolution. The City Council declares that it would have passed and adopted the Resolution, and each portion, section, sentence, clause or phrase hereof, regardless of the fact that any one or more portions, sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 27th day of June, 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
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Phillip Scollick, City Clerk
City of San Marcos