RESOLUTION NO. 2023-9218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A GENERAL PLAN AMENDMENT FOR A LAND USE CHANGE OF 0.33 ACRES FROM COMMERCIAL TO MEDIUM HIGH DENSITY RESIDENTIAL (20-30 DU/AC) GPA22-0005
Pico Investments 7, LLC.
WHEREAS, Government Code sections 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 December 1, 2022, the City received an application from Pico Investments 7, LLC. requesting a General Plan Amendment for a change of land use designation from Commercial to Medium High Density Residential (MHDR) for a 0.33-acre portion of the project site that is 0.68-acres, located at 236 Pico Avenue, in the Richmar Neighborhood, more particularly described as:
Brief Legal Description:
Parcel 2:
That portion of Lot 2 in Block 61 of 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 said San Diego County, December 21, 1895, described as follows:
Beginning at a point on the Easterly line of said Lot 2, distant thereon 362.9 feet Southerly from the most Northerly corner of said Lot 2; thence continuing Southerly along said Easterly line 120 feet; thence Westerly parallel with the Northerly line of said Lot, 120 feet; thence Northerly parallel with the Easterly line of said Lot, 120 feet; thence Easterly parallel with the Northerly line, 120 feet to the point of beginning.
Assessor’s Parcel Number(s): 220-140-06-00; and
WHEREAS, the General Plan Amendment is being requested in conjunction with a Rezone (R22-0004) to also change the zone of the subject parcel from Commercial (C) to Multifamily Residential (R-3-6); a Tentative Subdivision Map (TSM22-0005) to consolidate 2 parcels into 1 lot and create up to 16 residential condominium units and a Multifamily Site Development Plan (MFS22-0006) which will guide the orderly development of 16 residential condominium units on the project site; and WHEREAS, the Development Services Department did study said request and recommends approval of said request; and WHEREAS, on August 31, 2023, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on September 18, 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 October 24, 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 an Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) 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 2023-9227, 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 2023-9227, which also approved General Plan Amendment GPA22-0001, in the event of any challenge to GPA22-0001.
This General Plan Amendment is recommended to the City Council for approval in conjunction with the submitted R22-0004, TSM22-0005, MFS22-0006 and all conditions of approval specified in PC 23-5056, PC 23-5057, PC 23-5058, respectively, which documents are incorporated herein by this reference; and the mitigation measures in Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) 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 changing the designation of the subject parcel to MHDR would expand an adjacent land use, facilitate the reuse of underutilized infill lands, and would implement the following General Plan policies:
Compliments adjacent land uses by considering compatibility of activities, development patterns and architectural character elements and access to various mobility choices. (LU-1.1) Provides a diversity of mixed land uses in strategic locations within the City that place housing adjacent to employment. (LU-1.3) Promotes compact development patterns that reduce air pollution and automobile dependence and facilitate walking, bicycling, and transit use. (LU-2.1) Supports walkable development along main transit and transportation corridors. (LU-7.1) The proposed General Plan Amendment is deemed to be in the public interest, in that it will facilitate the redevelopment of a blighted parcel with the development of 16 residential condominium units in a location with access to public transit, commercial services, and public transit.
The proposed General Plan Amendment will not be detrimental to the public health, safety, and welfare, in that in that the zoning designation of the property is being changed (22-0004) to Multifamily Residential (R-3-6) to match the adjacent parcel and implement the land use change of the subject site to MHDR. The R-3-6 zone will also establish development standards for the property and Multifamily Site Development Plan (MFS22-0006) will ensure the orderly development of the site in conformance with the new General Plan and Zoning designations, and ensure 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 the project, as conditioned, will not have a significant effect on the environment, as reviewed and analyzed in the Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) and the implementation of the mitigation monitoring and reporting program (MMRP), will ensure the mitigation measures related to biological resources, tribal/cultural resources, noise, hazards and hazardous materials, public services have been incorporated into the conditions of approval of TSM 22-0005 (Resolution No. PC 23-5057) and MFS 22-0006 (Resolution No. PC 23-5058).
This General Plan Amendment is within the scope of the Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) and the mitigation monitoring and reporting program, and both are hereby recommended to the City Council for adoption 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 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 24th day of October, 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 – Land Use Change Exhibit
EXHIBIT A
Land Use Change Exhibit
Proposed General Plan Land Use Exhibit
APN 220-140-06-00
(Subject Site)Medium High Density Residential (MHDR)
20.1 – 30.0 du/acAPN’s 220-140-16-00 and
220-140-05-00
(Not a part of GPA)
APN 220-140-06-00
(Subject Site)
Medium High Density Residential (MHDR)
20.1 – 30.0 du/ac
APN’s 220-140-16-00 and
220-140-05-00
(Not a part of GPA)
Resolution No. 2023-9218
GPA22-0005
October 24, 2023