RESOLUTION NO. 2023-9221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A GENERAL PLAN AMENDMENT FOR A LAND USE CHANGE OF 12.06 ACRES FROM “COMMERCIAL” TO “SPECIFIC PLAN AREA” GPA22-0001
Lab Holding, 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 March 28, 2022, the City received an application from Lab Holding, LLC requesting a General Plan Amendment to allow for a change of land use designation from “Commercial” to “Specific Plan Area” on a 12.06-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, Lot 2, and Lot 3, 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, 219-152-70-00, 219-152-74-00, 219-152-75-00, 219-152-76-00, 219-152-77-00, 219-152-78-00, and 219-152-79-00; and WHEREAS, the General Plan Amendment is 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 Rezone (R22-0001) to change the zone from Commercial (C) to Specific Plan Area (SPA); a Multi-Family Site Development Plan (MFSDP22-0002) for design review of the multi-family residential condominium project; a Tentative Subdivision Map (TSM22-0002) to create one development parcel from merging four existing parcels and establish 102 residential condominiums; a Conditional Use Permit (CUP22-0002) to allow and regulate proposed uses associated with the commercial development; 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 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 GPA22-0005, in the event of any challenge to GPA22-0005.
This General Plan Amendment is approved in conjunction with the submitted Specific Plan (SP22-0003); Rezone (R22-0001); Multi-Family Site Development Plan (MFSDP22-0002) Tentative Subdivision Map (TSM22-0002); Conditional Use Permit (CUP22-0002); Tentative Parcel Map (TPM22-0001); and Site Development Plan (SDP22-0003); and all conditions of approval specified in Resolutions/Ordinances 2023-1537, 2023-1538, 2023-9222, 2023-9223, 2023-9224, 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:
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 (Goal LU-1) as development per the Specific Plan would add residential units and commercial development to an underutilized (vacant) property surrounded by a variety of uses including existing and proposed commercial and industrial uses. The project provides additional for-sale housing opportunities within proximity to transit and employment. The General Plan Amendment will designate a portion of commercially designated land with multi-family residential units at a density of 20.1-30.0 dwelling units per acre. The proposed medium high-density housing type will provide needed housing that will contribute to meeting the housing demand of the community and provide housing in proximity to SR-78, bus/light rail stations, and employment opportunities. Additionally, the density of the proposed residential portion of the project (20.3 du/ac) is consistent with the densities found in the Marcos Specific Plan.
The proposed General Plan Amendment is deemed to be in the public interest, in that the project will develop a vacant infill site, with commercial uses in the vicinity of State Route 78 as well as develop medium high-density housing in proximity to other goods and services, and employment and transit opportunities.
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 and commercial development designed in a compatible manner to the adjacent commercial uses. The Marcos Specific Plan establishes development standards for the property and the Multi-family Site Development Plan (residential) and Site Development Plan (commercial) will ensure the orderly development of the site in conformance with the Marcos Specific Plan 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 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 General Plan Amendment 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.
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 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.
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
Land Use Change from “Commercial” (C) to “Specific Plan Area” (SPA) APN’s: 219-152-42-00, 219-152-44-00, 219-152-45-00, 219-152-51-00, 219-152-61-00, 219-152-70-00, 219-152-74-00, 219-152-75-00, 219-152-76-00, 219-152-77-00, 219-152-78-00, 219-152-79-00 Resolution No. 2023-9221
GPA22-0001
October 24, 2023