RESOLUTION NO. 2023-9224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A CONDITIONAL USE PERMIT TO ALLOW AND REGULATE A VARIETY OF LAND USES ALLOWED BY THE MARCOS SPECIFIC PLAN IN THE SPECIFIC PLAN (SPA) ZONE CUP22-0002
Lab Holding, LLC
WHEREAS, on March 28, 2022, the City received an application from Lab Holding, LLC requesting a Conditional Use Permit to allow and regulate a variety of land uses allowed by the Marcos Specific Plan, on a 6.05-acre site located at the southwest corner of Grand Avenue and Linda Vista Drive in the Business/Industrial District, more particularly described as:
Brief Legal Description: A portion of Lot 1 and Lot 2, Block 80, Rancho Los Vallecitos de San Marcos, in the City of San Marcos, County of San Diego, State of California, according to the map thereof no. 806, filed in the Office of the County Recorder of San Diego County, December 21, 1895.
Assessor’s Parcel Number(s): 219-152-42-00, 219-152-44-00, 219-152-45-00, 219-152-51-00, 219-152-61-00, 219-152-75-00, and 219-152-78-00; and WHEREAS, the Conditional Use Permit is being requested in conjunction with a Specific Plan (SP22-0003) to establish development guidelines and serve as the primary land use, policy, and regulatory document for the project site; a General Plan Amendment (GPA22-0001) to change the land use from “Commercial” to “Specific Plan Area”; a Rezone (R22-0001) to change the zone from Commercial (C) to Specific Plan Area (SPA); a Tentative Parcel Map (TPM22-0001) to create one development parcel and two open-space parcels by merging eight existing parcels; and a Site Development Plan (SDP22-0003) to allow the construction of 56,924 square feet of commercial space and seven live-work units; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on March 23, 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 a Mitigated Negative Declaration (ND23-012 / SCH No. 2023070239) for said request pursuant to the California Environmental Quality Act (CEQA).
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 Conditional Use Permit per the submitted plans and the Marcos Specific Plan allowing a variety of uses in approximately 57,000 square feet of space, including seven live-work units, on the 6.05-acre site except as modified herein, and subject to compliance with the conditions of approval in Exhibit A attached hereto and incorporated by reference and made a part of this Resolution as though fully set forth herein.
This Conditional Use Permit is approved in conjunction with the submitted Specific Plan (SP22-0003); General Plan Amendment (GPA22-0001); Rezone (R22-0001); Tentative Parcel Map (TPM22-0001); and Site Development Plan (SDP22-0003); and all conditions of approval specified in Resolutions/Ordinances 2023-1537, 2023-9221, 2023-1538, 2023-9225, 2023-9226, respectively, which documents are incorporated herein by this reference; and the mitigation measures in Mitigated Negative Declaration (ND23-012/SCH No. 2023070239) 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:
Approval of the Conditional Use Permit would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood, in that the proposed project complies with all development provisions of the Marcos Specific Plan including parking standards. Potential impacts, including but not limited to, traffic, noise, and air quality have been analyzed and demonstrated to not have negative impacts to surrounding land uses with implementation of the mitigation measures listed in the Mitigated Negative Declaration (ND23-012). The project site is buffered from adjacent uses by La Mirada Drive, Grand Avenue, Las Posas Creek, and parking and a drive-aisle. Furthermore, the existing and proposed landscaping will help screen and aesthetically compliment the project site.
The design, development, and conditions associated with the Conditional Use Permit are consistent with the goals, policies, and intent of the General Plan, the purpose and intent of the applicable Zone and the character of any applicable Specific Plan, in that the proposed project will provide approximately 57,000 square feet of commercial development, seven live-work units, required parking, and open space/gathering areas, which provides a balanced distribution and compatibility of land uses. The project also complements the proposed residential project to the west by providing employment and/or goods and services within walking distance from the commercial project. In addition, General Plan Consistency Findings are provided within the Marcos Specific Plan.
The land use allowed in conjunction with the Conditional Use Permit is compatible with the existing and future land uses of the applicable Zone, and the general area in which the proposed use is to be located, in that the proposed project allows for commercial, mixed use and personal service uses which are compatible with the existing and future uses in the surrounding commercially zoned properties. The Conditional Use Permit conditions of approval, along with the Marcos Specific Plan, dictate development and operational standards to ensure compatibility with adjacent land uses such as hours of operation, parking and noise standards.
All requirements of CEQA have been met, in that a Mitigated Negative Declaration (ND23-012 / SCH No. 2023070239) has been prepared for the proposed project, and all potential impacts related to biological resources, tribal cultural resources, geology and soils, hazards and hazardous materials, and transportation will be mitigated to a level less than significant.
This Conditional Use Permit is within the scope of the Mitigated Negative Declaration (ND23-012 / SCH No. 2023070239) and the mitigation monitoring and reporting program, and both are hereby recommended to the City Council for adoption pursuant to CEQA.
Within thirty (30) days of the approval of the Conditional Use Permit (CUP22-0002) the approved site plan, architectural elevations, floor plans, and conceptual landscape plan shall be submitted as a digital file on a CD including this Resolution number on the title page. The title page shall include the statement “I (we), ______________, the applicant/owner(s) or the applicant/owner’s representative, have read, understand and agree to the conditions of Resolution No. 23-9224.” Immediately following this statement shall appear a signature block for the owner or the owner’s representative which shall be signed. Signature blocks for the Project Planner and the Project Civil Engineer shall also appear on this title page. The digital copy shall be approved by the City prior to submittal of any grading plan, improvement plan, or building permit.
This Conditional Use Permit approval shall lapse and be null and void two (2) years following the date upon which the plans and drawings were approved by the review authority unless prior to the expiration of two (2) years, a grading and/or building permit is issued and construction is commenced and diligently pursued toward completion.
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 Marcos 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.
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 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 – Conditions of Approval
EXHIBIT A
RESOLUTION 23-XXXX
CUP22-0002
Conditions of Approval
General Provisions
All of the terms, covenants and conditions contained herein shall run with the land and be binding on and inure to the benefit of the heirs, successors, assigns, and representatives of the applicant/developer as to any and all of the property.
If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City of San Marcos (City) shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or see damages for their violation. The applicant/developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.
The applicant/developer shall be responsible for bearing the costs of all grading activities, on-site and off-site improvements, labor, design, mitigation, and other costs associated with, but not limited to, the project’s planning, engineering, construction and/or architecture for the project.
The proposed new development may be subject to the payment of development fees and in-lieu fees as required by the City’s Fee Ordinance at the time an application is submitted or prior to the issuance of permits as determined by the City.
The development must comply with the storm water regulations applicable at the time of approval of the corresponding grading permit application.
All design requirements and mitigation measures of Mitigated Negative Declaration (ND23-012/SCH No. 2023070239) shall be implemented.
Initial and future tenant improvements for each building shall require issuance of a building permit(s). Tenant improvement plans for each building shall include a parking calculation to substantiate that the subject parcel contains the required amount of parking spaces for the proposed use in accordance with the project’s Shared Parking Analysis (CR & Associates dated 12/4/2022 or as revised and approved by the Planning Division Director).
Reliance on this Conditional Use Permit shall comply with the following operational standards:
The applicant/developer/tenants shall maintain a City Business License for the duration of the business operations.
Special events shall be held in compliance with the applicable requirements of the Marcos Specific Plan, which may include a Special Event Permit issued by the City for certain events. Any proposed traffic control in the public right-of-way for a Special Event Permit is required to be reviewed and approved by the Land Development division and a right-of-way permit issued by the City Engineer.
Outdoor PA (public address) system/loudspeakers shall be prohibited on site unless part of a permitted Special Event.
Passenger loading/unloading shall occur only within parking spaces or designated loading/unloading locations. No drop-off or pick-up of shall occur within the driveway aisle.
Designated rideshare/valet areas shall remain available and operational unless otherwise approved by a Special Event Permit consistent with the requirements of the Marcos Specific Plan.
At least 278 parking spaces shall remain striped and available for the project at all times unless otherwise approved by a Special Event Permit consistent with the requirements of the Marcos Specific Plan.
Outdoor storage shall be prohibited on site.
Use of the site must be conducted so as not to become obnoxious by reason of noise, odor, refuse, parking impacts, or maintenance of grounds and in such a manner as will not detrimentally affect adjoining properties and uses. If complaints are received, the applicant/developer shall be required to take corrective action to respond to such complaints, including but not limited to the installation of sound proofing materials for walls, additional operational requirements etc., as determined by the Planning Division Director.
The applicant/tenants shall be responsible for compliance with all applicable State of California Department of Alcoholic Beverage Control (ABC) rules and regulations which are incorporated by reference:
The entire East-End Planning Area shall be treated as a shared ABC premise allowing spill out dining and tasting from restaurants, microbreweries, and tasting rooms into community gathering spaces. Control points will occur at entries to each community gathering area meeting ABC fencing and signage requirements.
Bars having allocated patio space shall be allowed to seat patrons on the patio.
Any use serving alcohol, and which is allowed within the East-End Specific Plan Area will not require a 500-foot separation from any other use allowed within the Specific Plan Area including residential uses, schools, or other youth-oriented institutional activities.
Uses eligible for ABC licenses within the East-End Planning Area include:
Bars
Beer Gardens
Breweries
Distilleries
Restaurants
Retail Sales
Wine Bars
Typical ABC License Types allowed within the East-End Planning Area:
Type 04, Distilled Spirits Manufacturing
Type 20, Off Sale Beer & Wine
Type 23, Small Beer Manufacturing
Type 41, On Sale Beer & Wine – Eating Place
Type 47, On Sale General – Eating Place
Type 48, On Sale General – Public Premise
ABC Control Points
Community gathering areas shall use walls, landscaping, landscape planters, benched seating, or similar landscape design features to funnel people through control points.
Signage consistent with ABC guidelines shall be posted at entry and exits from control points.
The existing billboards on the north property line within the East-End Planning Area may remain per the Marcos Specific Plan and be repurposed as East-End Planning Area art and event information billboards. The following standards apply to the billboard displays:
Art installations are allowed for billboard use.
Event advertising for East-End Planning Area events shall be allowed to use the billboards.
Billboards should avoid potentially offensive art installations.
No digital signage or performance art shall be allowed on the billboards.
No advertisements for offsite uses shall be displayed on billboards after occupancy of the East-End Planning Area.
The facility must comply with all applicable provisions of San Marcos Municipal Code (SMMC) Chapter 14.15 (Storm Water Management and Discharge Control) and other State and regional permits/standards for the protection of storm water quality.
Non-storm water discharge into the City’s storm drain conveyance system is considered an illicit discharge and is prohibited during construction, operation and maintenance of the business in accordance with SMMC Chapter 14.15.
All trees and landscaping shall be maintained in a healthy, thriving manner. If any trees/landscaping shall die or become diseased, the trees/landscaping shall be replaced in numbers and quantity to provide the same landscaping and screening value.
Trash dumpsters shall be kept within the existing enclosure(s) on site, and gates shall be closed to screen the dumpsters from view. When not in use, dumpster lids shall remain closed in order to prevent rainfall from entering the dumpsters in compliance with the City’s Storm Water Management requirements.
Trash dumpsters shall be picked up in locations approved by the waste disposal service and approved by the City’s Planning Division Director. No trash pick-up shall be permitted along the Grand Avenue right-of-way or project frontage.
Trash receptacles shall be located within the outdoor dining areas for customer disposal of trash. Said area shall be maintained free of litter and cleaned up by the applicant/operator on a routine basis during business hours.
The applicant/tenants shall comply with all County of San Diego Health Department rules, regulations, and requirements and obtain all necessary permits.
Resolution No.2023-9224
CUP22-0002
October 24, 2023