RESOLUTION NO. 2023-9154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A VARIANCE TO ALLOW A REDUCTION OF THE MINIMUM SEPARATION OF AUTOMOTIVE FUELING STATIONS IN THE COMMERCIAL (C) ZONE V 22-0001
Lonnie Tabbaa
WHEREAS, on January 6, 2021, the City received an application from Lonnie Tabbaa requesting a Variance to allow a reduction of the required minimum separation of an automotive fueling station from 500 feet. The project also includes a 3,800 square foot convenience store, automotive fueling (gas) station, 3,000 square foot carwash, and 1,200 square foot drive-through restaurant tenant space on a 1.76-acre site located at 200 Las Posas Road in the Commercial (C) Zone in the Business/Industrial District more particularly described as:
Brief Legal Description: The southeasterly 250 feet of lot 2 in block 102 of the 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): 219-122-03-00; and
WHEREAS, the Variance is being requested in conjunction with a General Plan Amendment (GPA21-0001) to change the land use designation from “Mixed Use 3” to “Commercial”; a Rezone (R21-0001) to change the zone from Mixed Use 3 (MU-3) to Commercial (C); and a Conditional Use Permit (CUP21-0001) to allow the operation of an automotive refueling station, carwash, and drive-through restaurant within the Commercial zone; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on September 1, 2022, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on March 20, 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 7-0 vote, in favor; and WHEREAS, on June 27, 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 (ND22-010 / SCH No. 2022100480) 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 Variance, as shown on Exhibit A attached hereto and incorporated by reference and made a part of this Resolution as though fully set forth herein.
This Variance is Variance approved in conjunction with the submitted General Plan Amendment (GPA21-0001); Rezone (R21-0001); and Conditional Use Permit (CUP21-0001) and all conditions of approval specified in Resolution No. 2023-9152 (GPA21-0001), Ordinance No. 2023-1532 (R21-0001), and Resolution No. 2023-9153 (CUP21-0001), respectively, which documents are incorporated herein by this reference; and the mitigation measures in Mitigated Negative Declaration (ND22-010 / SCH No. 2022100480) 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:
There are exceptional and extraordinary circumstances or conditions applicable to the property or the intended use of the property that do not apply generally to the property or class of use in the same vicinity and Zone, in that the proposed project site is located on the opposite side of an existing automotive fueling station at the intersection to two (2) divided arterial roads that restrict access to the traveling public to efficiently access automotive fueling stations in the opposite direction of travel. Additionally, a railroad crossing bisects the intersection along the north side of the subject site and further restricts access of the subject property to only southbound Las Posas Road. As a result of these obstructions, an exceptional and extraordinary circumstance exists that a reduction in the 500 foot separation can solve.
The granting of the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and Zone, and denied to the property for which the Variance is sought, in that an automotive fueling station, convenience store, carwash, and drive-through restaurant are all allowed uses in the Commercial (C) zone but the required 500 foot separation of automotive fueling stations and carwashes, when applied to this situation with the exceptional and extraordinary circumstances related to access, deny the project property the ability to enjoy the same uses of other properties in the same zone.
The granting of the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and Zone in which the property is located, in that the proposed project is required to comply with all other the requirements of the Commercial (C) Zone, the California Building and Fire Codes, all state and federal requirements for ADA access will be implemented, and the project will comply with the City’s noise ordinance.
The granting of the Variance will not adversely affect the implementation of the General Plan for the Business/Industrial District, in that the variance is requested in conjunction with a General Plan Amendment (GPA 21-0001) to change the land use designation of the subject property from Mixed Use 3 to Commercial. The proposed project, implements the objectives of the Business and Industrial District in that it is compatible with General Plan Goal LU-1: “Achieve a balanced distribution and compatible mix of land uses to meet the present and future needs of all residents and the business community” in that the project is a complimentary land use to those in the vicinity; promotes commercial use of the property; and provides a strategically located piece of infrastructure (an automotive fueling station) in the vicinity of aerial routes of the city and State Route 78.
Compliance with the conditions of approval specified in Resolution No. 2023-9152 (GPA21-0001), Ordinance No. 2023-1532 (R21-0001), and Resolution No. 2023-9153 (CUP21-0001) assures that the granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and Zone in which the property is located, in that commercially zoned properties in the vicinity of the project are either developed or do not currently have entitlements to develop additional automotive fueling and/or carwashes within 500 feet of the subject property.
All requirements of CEQA have been met, in that the project will not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory with the incorporated Biological, Cultural and Public Safety mitigation measures identified in Mitigated Negative Declaration (ND22-010 / SCH No. 2022100480) and incorporated herein; the project will not have impacts that are individually limited, but cumulatively considerable in that most direct project impacts are less than significant and impacts to biological and cultural resources are less than significant with the incorporation of mitigation measures identified in Mitigated Negative Declaration (ND22-010 / SCH No. 2022100480) and incorporated herein; and the project will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly in that impacts to human beings are associated with air quality, hazards and hazardous materials, and noise impacts. As detailed in analyses for air quality, hazards and hazardous materials, and noise that are a part of Mitigated Negative Declaration (ND22-010 / SCH No. 2022100480), the proposed project would not result, either directly or indirectly, in adverse hazards related to air quality, hazardous materials, or noise. Compliance with applicable rules, regulations, and recommended mitigation measures would reduce potential impacts on human beings to a less than significant level. Effects on human beings are generally associated with impacts related to issue areas such as air quality, geology and soils, hazards and hazardous materials, noise, and transportation. As discussed in this Initial Study, the project would have a less than significant impact or a less than significant impact with mitigation in each of these resource areas. Therefore, the project would not cause substantial adverse effects on human beings, either directly or indirectly, and impacts associated with the project would be less than significant with mitigation incorporated.
This Variance is within the scope of the Mitigated Negative Declaration (ND22-010 / SCH No. 2022100480) and the mitigation monitoring and reporting program, and both are hereby recommended to the City Council for adoption pursuant to CEQA.
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.
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.
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 27th day of June, 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 - Variance Exhibit
EXHIBIT A
Variance Exhibit
Resolution No. 2023-9154
V22-0001
June 27, 2023