RESOLUTION NO. 2023-9155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS CONDITIONALLY APPROVING A GENERAL PLAN AMENDMENT FOR A 7.6 ACRE VACANT PARCEL FROM “COMMERCIAL” TO “SPECIFIC PLAN” GPA21-0007
Meritage Homes
WHEREAS, Government Code section 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 October 19, 2021, the City received an application from Meritage Homes (Meritage Gran Vista) requesting a General Plan Amendment for a change of land use designation from “Commercial” to “Specific Plan Area” for a 7.6-acre property located west of the intersection of N. Las Posas Road and Palm Road in the College Area Neighborhood, more particularly described as:
Parcels 2 and 3 of Parcel Map No. 20629, in the City of San Marcos, County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County on February 19, 2009 as File No. 2009-0071729 of Official Records; Assessor’s Parcel Number(s): 219-121-15-00 and 219-121-16-00; and WHEREAS, the General Plan Amendment (GPA21-0007) is being requested in conjunction with a Specific Plan (SP21-0003) to establish rules and regulations for the development of the project site; a Rezone (R21-0003) to change the zone from Commercial (C) to Specific Plan Area (SPA); a Multi-Family Site Development Plan (MFSDP21-0001) for design review of a residential condominium complex; and a Tentative Subdivision Map (TSM21-0003) for an 120-unit condominium map; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on May 12, 2022, the City held an Environmental Impact Report (EIR) Scoping Meeting to provide an overview of the project Notice of Preparation, in accordance with CEQA Guideline Section 15083, and Public Workshop with the general public; and WHEREAS, on June 5, 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 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/an Environmental Impact Report (FEIR22-002) (SCH No. 2022040440) 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, conditioned upon the approval of the overarching General Plan Amendment Resolution 2023-9150, as shown on the attached Exhibit A, incorporated by reference and made a part of this Resolution as though fully set forth herein. This Resolution and its approvals are severable from Resolution 2023-9150, which also approved General Plan Amendment GPA21-0001, in the event of any challenge to GPA21-0001.
This General Plan Amendment is approved in conjunction with the submitted Specific Plan (SP21-0003), Rezone (R21-0003), Multi-Family Site Development Plan (MFSDP21-0001), and Tentative Subdivision Map (TSM21-0003), and all conditions of approval specified in Ordinance Nos. 2023-1533 and 2023-1534 and Resolution Nos. 2023-9156 and 2023-9157, respectively, which documents are incorporated herein by this reference; and the mitigation measures in Environmental Impact Report (FEIR22-002) (Resolution No. 2023-9158) 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 (LU-1) and the proposed multi-family residential development constitutes an appropriate transition from the single-family residential land uses to the north and west, and a commercial building to the south. The project provides additional for-sale housing opportunities within proximity to transit and employment. The General Plan Amendment 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 (HE-1.1). Additionally, the density of the proposed project (15.8 du/ac) is consistent with the densities found in the Gran Vista Specific Plan.
The proposed General Plan Amendment will change the land use designation of the property from “Commercial” to “Gran Vista Specific Plan Area”. The Specific Plan designation would implement the overarching goals of the City’s General Plan through various proposed features and components such as providing housing near transit and existing commercial and industrial uses; providing a range of multi-family housing; designating opportunities for recreational and open space areas; and supporting vehicular, bicycle, and pedestrian modes of travel. Additional objectives of the project include creating a quality development design using architectural and landscape design that provide a distinct built environment which is pleasing to residents and neighbors alike; using building materials that complement and enhance the surrounding environment and neighborhoods; and providing recreational amenities and open space throughout the development.
The proposed General Plan Amendment will not be detrimental to the public health, safety, and welfare, in that the zoning designation of the property is Specific Plan Area (SPA) which provides for housing designed in a compatible manner to the adjacent residential uses and commercial building. The Gran Vista Specific Plan establishes development standards for the property and Multifamily Site Development Plan (MFSDP 21-0001) will ensure the orderly development of the site in conformance with the Gran Vista Specific Plan and while providing 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 Environmental Impact Report (FEIR22-002) (SCH No. 2022040440) has been prepared for the proposed project, and all potential impacts related to biological resources, cultural resources, and tribal cultural resources, will be mitigated to a level less than significant, or in the case of transportation, will be significant and unavoidable, requiring approval of a Statement of Overriding Considerations in order to certify the EIR and have been incorporated into the Conditions of Approval for the project.
This General Plan Amendment is within the scope of the Environmental Impact Report (FEIR22-002) (SCH No. 2022040440) and the mitigation monitoring and reporting program, and both are hereby recommended to the City Council for certification 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 as authorized by the Gran Vista Specific Plan, 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 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
City of San Marcos
ATTEST:
Phillip Scollick, City Clerk
City of San Marcos
Attachment(s):
Exhibit A – Land Use Change Exhibit
EXHIBIT A
Land Use Change Exhibit
Land Use change from “Commercial” to “Specific Plan Area” APN: 219-121-15-00 and 219-121-16-00
Resolution No. 2023-9155
GPA21-0007
June 27, 2023