RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN MARCOS GRANTING A LITIGATION STAY TO
EXTEND THE VALIDITY OF PARCEL MAP TPM20-0001
WHEREAS, on April 13, 2020, the City o f San Marcos (“City”) received an application from Dia mond S treet Industrial, LL C/ MDLV Investments, LLC /Diamond Rose, LLC (“Applicant”) requesting a Tentative Parcel Map to consolidate 13 industrial lots into 2 parce ls (16-acre Parcel A & 7-acre Open Space parcel B), and gradin g and related impr ovements to c onstruct a buildable pad on Parcel A, on a 23 -acre site located on the north side of the intersection of Melrose Drive and Diamond Street in the Light Industrial (L-1) zone in the Questhaven/La Costa Meadows Neighborhood; and
WHEREAS, the Te ntative Parce l Map ( “TPM20-0001”) was approved via administrative resolution ADM 21 -4929 on September 27, 20 21 by the City Engineer ; and
WHEREAS, an appeal was filed against the decision of the City Engineer (AA21- 0001) by Loz eau D rury, LLP on beha lf of Supporters Al liance for Environmental Responsibility (“Appellant”), on October 5, 2021; and
WHEREAS, an additional appeal (AA 21-0002) opposing the decision of the City Engineer was filed by Mark Sand son, Denise Bernard, and Yi W ang, also known as Diamond Street Neighbors (“Appellant”) on October 6, 2021; and
WHEREAS, on October 26, 2021, the City Council held an appeal hea ring which was duly advertised and held in the manner prescribed by law; and
WHEREAS, on October 26, 2021, the City Co uncil, after having independently heard, considered, and weighed all the evidence in the re cord, denied the appeals and approved the Ten tative Parcel Map TPM20 -0001 and Mitigated Negative Declaration (ND21-002) by way of Resolution 2021-8941; and
WHEREAS, on November 23, 2021 , each Appellant filed a petition for writ of mandate in the San Diego Superior Co urt allegi ng violations of the California Environmental Quality Act ( “CEQA”) and challenging the City ’s denial of the appeals and adoption of Resolution No. 2021-8941 on October 26, 2021; and
Resolution No. 2023-XXXX
WHEREAS, on December 1, 2021, the Applicant timely submitted an Application for a Litigation Stay of Tent ative Parc el Map TPM20 -0001 pur suant to California Government Code Sections 66 452.6 and 66463.5 together with the Tent ative Map Litigation Stay Fee as required by San Marcos Municipal Code section 19.08.020; and
WHEREAS, the San D iego Superior Court heard both petitions and found in favor of the City on September 30, 2022; and
WHEREAS, both Appellants filed Notices of Appeal in the Fourth District Court of Appeal on November 30, 2022 and December 1, 2022, respectively; and
WHEREAS, all parties entered into a settlement agreement, both Appellants filed Abandonment of Appeals, and the disposition of the cases were finalized on March 15, 2023; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Marcos does hereby a pprove a litigation stay with respec t to Tentative Parcel Map TPM20-0001 pursuant to SMMC section 19.12.100(c) for the pendency of the litigation discussed above , which w ere resolved on March 1 5, 2023 , and deems the new expiration date of Tentative Parcel Map TPM20-0001 to be February 13, 2025 pursuant to Government Code Section 66452.6(a).
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE C ITY OF SAN MARCOS at a regular meeting held on the 27th day of June, 20 23, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
City of San Marcos