RESOLUTION NO. 2023-9225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A TENTATIVE PARCEL MAP TO CREATE ONE DEVELOPMENT PARCEL AND TWO OPEN-SPACE PARCELS FROM MERGING EIGHT EXISTING PARCELS IN THE SPECIFIC PLAN AREA (SPA) ZONE TPM22-0001
Lab Holding, LLC
WHEREAS, on March 28, 2022, the City received an application from Lab Holding, LLC requesting a Tentative Parcel Map to create one development parcel and two open-space parcels from merging eight existing parcels on a 6.05-acre site located west of the intersection 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 Tentative Parcel Map is being requested in conjunction with 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 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 recommend 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).
WHEREAS, the City Council did consider said Tentative Parcel Map and the recommendation by City staff, including but not limited to the City Engineer, the Director of Public Health, the Director of the Department of Sanitation and Flood Control, and the Chief of the San Marcos Fire Department and Fire Protection District with respect thereto; and WHEREAS, the applicant/developer proposes to file a Parcel Map of said subdivision.
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 Tentative Parcel Map pursuant to the City Subdivision Ordinance (SMMC Title 19), and no waiver of any requirement of said Ordinance is intended or implied except as specifically set forth in this resolution, 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 Tentative Parcel Map is approved in conjunction with the submitted Specific Plan (SP22-0003); General Plan Amendment (GPA22-0001); Rezone (R22-0001); Conditional Use Permit (CUP22-0002); and Site Development Plan (SDP22-0003); and all conditions of approval specified in Resolutions/Ordinances 2023-1537, 2023-9221, 2023-1538, 2023-9224, 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 conditions of approval in the attached Exhibit A, and the findings below are necessary to insure that the subdivision and the improvements thereof will conform with all ordinances, plans, rules, standards, and improvements and design requirements of the City.
The Tentative Parcel Map is consistent with the City’s adopted General Plan and the Marcos Specific Plan in that it creates one development lot to allow for commercial development and up to seven live-work units and creates two open space lots to continue preserving a portion of Las Posas Creek in an area of the City designated for Specific Plan Area. The project is compatible with the objectives, policies, general land uses, and programs specified in the Marcos Specific Plan, in that the proposed project will provide commercial development and live-work units, required parking, and open space/gathering areas, which provides a balanced distribution and compatibility of land uses. In addition, General Plan Consistency Findings are provided within the Marcos Specific Plan.
The design or improvement of the proposed subdivision is consistent with the City’s adopted General Plan and Marcos Specific Plan in that in that the proposed commercial and live-work project will be consistent with its adopted polices and standards, as well as with the existing commercial and industrial development to the west and east, and to the proposed residential development within the Marcos Specific Plan to the west. This mainly commercial project is strategically located near State Route 78 and provides employment opportunities and/or commercial services to support current and future residents of the City. Furthermore, transit options such as bus routes are located within one-half mile of the project site and the Palomar College Sprinter Station is located approximately one-mile from the project site.
The site is physically suitable for this type of development, in that the site is currently vacant, generally flat, and can accommodate the proposed 57,000 square feet of commercial in one- and two-story structures, as well as accommodate all required parking and proposed open gathering areas.
The design of this subdivision and improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the project Mitigated Negative Declaration (ND23-012) has identified, analyzed and provide mitigation measures to reduce project impacts to less than significant.
The design of this subdivision and type of improvements is not likely to cause serious public health problems, in that the project Mitigated Negative Declaration (ND23-012) has identified, analyzed and provide mitigation measures to reduce project impacts to less than significant.
The design of this subdivision or the type of improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
The Tentative Parcel Map, as conditioned, will not be detrimental to the public health, morals, safety, and welfare in that adequate public facilities and infrastructure including fire, water, sewer, and drainage will be provided.
The property is not subject to a Williamson Act contract, an open space easement, a conservation easement, or an agricultural conservation easement.
The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling in the subdivision.
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 Tentative Parcel Map 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.
The Tentative Parcel Map complies with the requirements of the City’s Subdivision Ordinance and the State’s Subdivision Map Act.
The approval of this Tentative Parcel Map shall expire within twenty-four (24) months from the date of City Council approval. The Parcel Map, conforming to this conditionally approved Tentative Parcel Map, shall be filed with the City in time so that the City Engineer may approve said map before its expiration, unless prior to that date, the City Engineer subsequently grants a time extension for the filing of the Parcel Map, not to exceed an additional twelve (12) months, as provided for in the City’s Subdivision Ordinance and the State’s Subdivision Map Act. It is the applicant/developer’s responsibility to track the expiration date. Failure to request an extension will result in a re-filing of the Tentative Parcel Map and new processing of the map.
Within thirty (30) days of the approval of the Tentative Parcel Map (TPM22-0001) the approved plans (i.e.: tentative parcel map, landscape plans, etc.) shall be submitted as a digital file on a CD including this Resolution as the title page. This 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. 2023-9225.” 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 any Parcel Map, grading plan, improvement plan, or building permit.
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.
The applicant/developer shall comply with all rules, regulations and design requirements of the respective sewer, water, utility, regional, federal or other approving agency regarding the installation, modification, development, improvement or protection of facilities within the boundaries. It shall be the applicant/developer’s responsibility to determine all agencies with rights of approval for the proposed development.
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 PC 23-5066
TPM22-0003
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 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.
Prior to submittal of any Parcel Map, unless otherwise noted, the applicant/developer shall comply with the following conditions:
Land Development Division
The Parcel Map shall show the gross and net acreage of all parcels created.
The Parcel Map shall use the California Coordinate System for its “Basis of Bearing” and express all measured and calculated bearing values in terms of said system. The angle of grid divergence from a true meridian (theta or mapping angle) and the north point of said map shall appear on each sheet thereof. Establishment of said Basis of Bearings may be by use of existing Horizontal Control stations or astronomic observations. “Basis of Bearings” means the source of uniform orientation of all measured bearings shown on the map. Unless otherwise approved, this source will be the California Coordinate System, Zone 6, North American Datum of 1983 (NAD 83).
Lot lines shall be as near radial as possible to street right-of-way at cul-de-sacs and knuckles, and shall not exceed more than ten (10) degrees from radial except as approved by the City Engineer.
All Final Engineering plans including the Parcel Map shall use benchmarks from the City of San Marcos Survey Network per Record of Survey 23731. Elevations shall be based on North American Vertical Datum 1988 (NAVD88).
In the event that Tentative Subdivision Map, TSM 22-0002 does not proceed with its Final Map and final engineering plans, Prior to parcel map application submittal or grading permit issuance, whichever occurs first, the developer shall accomplish the following, in the order below:
A Certificate of Compliance for lot line adjustment shall be recorded for the properties identified as APNs: 219-152-79-00, 219-152-77-00, 219-152-76-00, and 219-152-74-00.
Within 90 days after the date of recordation of the Certificate of Compliance, the owner shall record an effectuating deed(s) for the lot line adjustment with the San Diego County Recorder’s Office.
In order to establish the project boundary, a grant deed shall be recorded to transfer a portion of the City-owned property to the property owner of the TSM22-0002 development project as shown on the tentative map.
Prior to or concurrent with the recordation of a Parcel Map, unless otherwise noted, the applicant/developer shall comply with the following conditions:
Land Development Division
The applicant/developer shall apply for a public improvement permit compliant with SMMC Chapter 14.16. All plans submitted for public improvements shall conform to applicable codes and engineering handouts, unless explicitly superseded by the conditions contained herein. All appropriate fees shall be paid for the processing of the permit.
The applicant/developer shall dedicate to the City easements for Grand Avenue and Linda Vista Drive curb return as an easement for public street, utility, and drainage purposes; creek maintenance access; emergency access; and all other interests in real property required by these conditions and as shown on the tentative map. All property or property interests shall be granted to the City free and clear of all liens and encumbrances and without cost to the City and free of environmental hazards, hazardous materials or hazardous wastes.
Prior to the recordation of a Parcel Map (except maps for financing and conveyance purposes only), the applicant/developer shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City, unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the applicant/developer shall furnish a copy of the proposed easement to the Land Development Engineer for review and approval.
Where proposed off-site improvements, including but not limited to streets, slopes, public utility facilities and drainage facilities, are to be constructed, the applicant/developer shall obtain all necessary easements or other interests in real property and shall dedicate the same to the City as required by the City. The applicant/developer shall provide recorded documents satisfactory to the City that such easements or other interest in real property have been obtained prior to the approval of the Parcel Map.
If said dedication and easements are not acquired after negotiations between the private parties, the applicant/developer shall submit a written request and provide sufficient information not later than sixty (60) days prior to the filing of any Final Map for approval, in accordance with SMMC Section 19.16.110, in order for the City to initiate condemnation proceedings as necessary for offsite acquisition of property. In all cases, the applicant/developer shall be responsible for all costs incurred in acquiring offsite property.
Direct access rights to all parcels abutting Grand Avenue and Linda Vista Drive shall be relinquished to the City on the Parcel Map except in the location of the proposed driveways.
The Parcel Map shall include a statement to indicate that all streets, drainage, street lights, street signage and striping improvements within the interior of this subdivision designated as private shall remain private and be maintained by the property owner.
If the project is to be phased, a phasing plan shall be submitted and approved by the City Engineer and Planning Division Director prior to approval of the Parcel Map. The phasing plan may be subject to further conditions. Should the applicant/developer decide to develop phases out of numerical sequence with the approved phasing as shown on the plan, all conditions required of the proceeding phases shall be completed unless otherwise approved by the City Engineer and the Planning Division Director. Other conditions may be imposed by the City Engineer and Planning Division Director to allow out-of-phase construction.
Line of sight easements, if necessary, shall be dedicated on the Final Map and delineated on all improvement and grading plans as approved by the City Engineer. Adequate sight distance for all intersections, driveways and access points shall be provided per latest edition of the California Department of Transportation (Caltrans) Highway Design manual and the American Association of State Highways and Transportation Officials (AASHTO) Geometric Design of Highways and Streets.
The applicant/developer shall enter into a Subdivision Improvement Agreement with the City to complete all required public improvements on Grand Avenue and Linda Vista Drive as shown on the tentative map prior to permit issuance or Parcel Map approval, whichever occurs first. Securities and applicable fees for the construction of the public improvements shall be submitted to and approved by the City in accordance with SMMC Sections 19.16.070 and 19.16.080.
The applicant/developer shall submit plans and appropriate construction notes for improvement of all streets, right of way and drainage facilities to the City Engineer for approval. Plans shall include all off-site improvements as specified by the City Engineer and as shown on the tentative map including but not limited to:
Class IV bicycle facility, sidewalk, landscaping, street lights, curb, gutter, and green street storm water quality BMPs on Grand Avenue and Linda Vista Drive; Centerline landscaped median on Grand Avenue;
Signage and striping plan for Grand Avenue and Linda Vista Drive utilizing Caltrans’ standards and acceptable to the City Engineer; Potable, irrigation, and fire service connections and appurtenances including fire hydrants; Bike ramps and Americans with Disabilities Act (ADA) compliant pedestrian ramps on Grand Avenue and Linda Vista Drive, including the intersection of Grand Avenue and Linda Vista Drive; City standard radius type driveways on Grand Avenue and Linda Vista Drive including removal of existing driveways; Loading zone on Linda Vista Drive;
Grind and overlay for Linda Vista Drive and Grand Avenue per City’s Backfill Requirements; and Relocation and/or removal of existing above and below ground utility boxes and vaults, including electrical transformers and undergrounding.
The design of all private streets and/or drainage systems for this project shall be approved by the City Engineer. The structural section of all private streets shall conform to City standards based on R-value tests. All private streets and/or drainage systems shall be inspected by the City, and the standard plan check fees and inspection fees shall be paid and appropriate bonds shall be posted with the City prior to approval of the Parcel Map.
The exact depth of any new or improved street structural section and subgrade requirement shall be determined based on subgrade “R” value tests and the appropriate Traffic Index for the type of street as described in the City's “Urban Street Design Criteria” and “Street Excavation Ordinance”. Tests shall be taken by a qualified engineer at locations approved by the Director of Public Works.
Improvement plans shall delineate street alignments and grades including the change of any existing or proposed street alignments and grades required by the City Engineer and the City’s “Urban Street Design Criteria” in effect at the time of project approval.
The applicant/developer shall be responsible for fair-share contribution for the design of a fiber optic traffic signal interconnect system linking all traffic signals on Grand Avenue between Las Posas Road and San Marcos Boulevard. Pull boxes shall be designed and spaced per the City standards. Fair-share contribution shall include two traffic signal licensure fees.
Prior to permit issuance or Parcel Map approval, whichever occurs first, the applicant/developer shall make payment of an in-lieu fee for the development of traffic signal timing plan for traffic signal modification(s) at the intersection of Grand Avenue and Bent Avenue. Said in-lieu fee shall cover 100% of the cost to design and implementation of the plan including a 25% administration fee. The applicant/developer shall provide up to date traffic counts for development of the timing plan to the satisfaction to the City Engineer.
Prior to permit issuance or Parcel Map approval, whichever occurs first, the applicant/developer shall make payment of a fair-share contribution for the installation of new traffic signals at the intersection of Grand Avenue and Linda Vista Drive. The applicant/developer shall provide up-to-date traffic counts and a cost estimate for development of the fair share contribution amount to the satisfaction of the City Engineer.
A light emitting diode street lighting system shall be shown on the street improvement plans and shall be installed at locations specified by the City Engineer at no cost to the public. All installations shall be compliant with the City’s Street Lighting Standards.
The applicant/developer shall pay all applicable fees and deposit with the City a sum of money sufficient to energize, operate and maintain the public lighting system for a period of eighteen (18) months.
All utilities fronting, abutting or within the project shall be undergrounded with the exception of sixty-nine (69) KVA or greater power lines. All utility undergrounding must be completed prior to the surfacing of the streets. Undergrounding must accommodate all pad mounted and pedestal equipment consistent with General Plan Goal LU 17.3. Where the underground of such equipment is not possible due to safety or lack of standards for such undergrounding, the applicant/developer shall provide an underground vault, in-building vault room, architecturally integrated screen wall around equipment, or other option approved by the Planning Division Director.
Prior to Parcel Map approval or grading permit issuance, whichever occurs first, the applicant/developer shall be responsible for acquiring all associated easements required by the utility companies for such work. The permanent placement of large meter services, detector checks, fire hydrants, etc., along circulation element streets shall be outside of the ultimate right-of-way and if applicable, trail easement, to avoid reconstruction or modification of same.
The applicant/developer shall comply with all rules, regulations and design requirements of the respective sewer, water, utility, regional, federal or other approving agency regarding the installation, modification, development, improvement or protection of facilities within the project boundaries. It shall be the applicant/developer’s responsibility to determine all agencies with rights of approval for the proposed development.
The applicant/developer shall mitigate for impacts on City services related to emergency response, traffic congestion, landscaping, and infrastructure maintenance. The mitigation shall be met through the execution of applications to annex the real property of the project into the following Community Facilities Districts (CFD):
CFD 98-01: Improvement Area No. 1 (Police Only).
CFD 98-02: Lighting, Landscaping, Open Space and Preserve Maintenance including Special Improvement Area F-Zone.
CFD 2001-01: Fire and Paramedic.
CFD 2011-01: Congestion Management.
With respect to CFD 98-02, the project shall either annex into an existing Special Improvement Area F-Zone, or a Special Improvement Area F-Zone shall be formed for the ongoing maintenance services provided by the City for improvements being installed above and beyond the City standards, installed by the applicant/developer as depicted on a Special Improvement Area exhibit, to be submitted by the applicant/developer after project approval. Such improvements include, but are not limited to, storm water treatment devices, enhanced pedestrian and bicycle facilities, street improvements such as on-street loading zone and centerline medians, and enhanced landscaping features. No building permit will be issued without receipt of a petition for annexation and consent and waiver executed by the property owners for each of the above-referenced CFDs for the establishment of the special taxes. In lieu of annexation, the applicant/developer may pay a fee for each CFD consentient with the pre-payment option laid out in each CFD formation document. The applicant/developer shall be responsible for compliance with all rules, regulations, policies and practices established by State Law and/or the City with respect to the CFD including, without limitation, requirements for notice and disclosure to future owners and/or residents.
The applicant/developer shall post securities to the City, in amounts approved by the City Attorney and the City Engineer or their designees, for the construction of all public and private improvements including but not limited to the following: grading and erosion control, street improvements, traffic signals, storm drain facilities, water quality BMPs, landscaping, and off-site street repair. Said security shall be in a form acceptable to the City and shall remain in force until completion of the project and final approval by the City. Said security shall insure the construction of the “approved” public improvements within a period to be specified in the Subdivision Improvement Agreement. For grading securities, the City may require 10% of said securities to be in the form of cash.
Planning Division
A Transportation Demand Management (TDM) Plan shall be submitted for review and approval by the City Engineer and Planning Division Director. Said TDM plan shall address coordination with local transit districts regarding existing and future bus routes and stops, shuttle service to rail stations and incentives for bus & rail passes. The TDM plan shall also include investigations into staggered work hours, carpools, education and financial incentives. The TDM plan shall be implemented at occupancy. A bi-annual report started at year-2 following occupancy, consistent with the TDM goals and general strategies shall be submitted for review by the City Engineer and Planning Division Director.
Prior to issuance of any grading permit, unless otherwise noted, the applicant/developer shall comply with the following conditions.
Land Development Division
The applicant/developer shall submit an application for a grading permit in accordance with SMMC Chapter 17.32 and all related Engineering Division handouts. All applicable fees and securities shall be paid prior to grading permit issuance.
Grading plans and activities shall be based on a comprehensive investigation of surface and subsurface conditions. Results of this investigation and recommendations arising therefrom shall be submitted in the form of a report written by a registered geotechnical engineer or registered engineering geologist.
The applicant/developer shall secure letters of permission from adjacent property owners for all graded slopes crossing property lines. In lieu of such permission, grading plans shall conform to the required grading setbacks as provided in the City’s Grading Ordinance.
Erosion control and/or sediment control details shall be submitted with/on the grading plans to the Land Development Division for review and approval. The details shall conform to City standards, codes and ordinances, and San Diego Regional Water Quality Control Board (SDRWQCB) Municipal Storm Water Permit requirements. The details shall include landscaping and temporary irrigation systems on exposed slopes to be approved by the City Engineer and Planning Division Director.
A hydrology and hydraulic report, including calculations, shall be prepared for the project to determine the existing and post-development runoff for the 100-year storm conditions. Storm drains and drainage structures shall be sized for build-out according to the approved hydrology report. All surface runoff originating within the project and all surface waters that may flow onto the project from adjacent properties shall be accommodated by the drainage system. The report shall also determine the project’s build-out runoff into existing off-site natural drainage swales and storm drain systems, and shall address any need for off-site improvements, including upsizing of existing facilities. Blocking, concentrating, lowering or diverting of natural drainage from or onto adjacent property shall not be allowed without written approval of the affected property owner(s).
The applicant/developer shall be responsible for mitigating impacts created by changes in drainage runoff course, concentration, or quantity to the satisfaction of the City Engineer for both on-site and off-site drainage. This may require the applicant/developer to provide all necessary easements and improvements to accommodate drainage and flood control structures extending beyond the boundaries of the project.
The applicant/developer shall execute a “Hold Harmless” Agreement with the City regarding drainage across adjacent property.
A Storm Water Quality Management Plan (SWQMP) shall be submitted in accordance with the most current version of the City adopted BMP design manual and meet the most current requirements of SDRWQCB.
The applicant/developer shall enter into a Storm Water Management and Discharge Control Maintenance Agreement and Easement for the maintenance of all structural post-construction storm water management improvements. The agreement and easement shall be in a form acceptable to the City Attorney.
Proof of coverage under the State of California’s General Construction Permit shall be provided to the Land Development Division. A copy of the Storm Water Pollution Prevention Plan (SWPPP) submitted with the State’s permit shall be submitted.
All construction and grading related Best Management Practices (BMPs) shall be shown in detail on the construction plans submitted to the City for review and approval.
An Encroachment Removal and Maintenance Agreement shall be executed and recorded for the private landscaping at the back of sidewalk in Linda Vista Drive and Grand Avenue right-of-way.
The applicant/developer shall submit “will-serve” letters from all affected public service and utilities agencies prior to issuance of grading permit.
Planning Division
The applicant/developer shall comply with the following conditions regarding cultural resources:
Pre-Excavation Agreement: Prior to the issuance of a Grading Permit, or ground disturbing activities, the Applicant/Owner shall enter into a Tribal Cultural Resources Treatment and Repatriation Agreement (Pre-Excavation Agreement) with a Traditionally and Culturally Affiliated Native American Tribe (TCA Tribe), identified in consultation with the City. The purpose of the Pre-Excavation Agreement shall be to formalize protocols and procedures between the Applicant/Owner and the TCA Tribe for the protection, treatment, and repatriation of Native American human remains, funerary objects, cultural and/or religious landscapes, ceremonial items, traditional gathering areas, and other tribal cultural resources. Such resources may be located within and/or discovered during ground disturbing and/or construction activities for the proposed project, including any additional culturally appropriate archaeological studies, excavations, geotechnical investigations, grading, preparation for wet and dry infrastructure, and other ground disturbing activities. Any project-specific Monitoring Plans and/or excavation plans prepared by the project archaeologist shall include the TCA Tribe requirements for protocols and protection of tribal cultural resources that were agreed to during the tribal consultation.
The landowner shall relinquish ownership of all non-burial related tribal cultural resources collected during construction monitoring and from any previous archaeological studies or excavations on the project site to the TCA Tribe for proper treatment and disposition per the Pre-Excavation Agreement, unless ordered to do otherwise by responsible agency or court of competent jurisdiction. The requirement and timing of such release of ownership, and the recipient thereof, shall be reflected in the Pre-Excavation Agreement. If the TCA Tribe does not accept the return of the cultural resources, then the cultural resources will be subject to curation.
Construction Monitoring: Prior to the issuance of a Grading Permit or ground disturbing activities, the Applicant/Owner or Grading Contractor shall provide written documentation (either as signed letters, contracts, or emails) to the City’s Planning Division stating that a Qualified Archaeologist and Traditionally and Culturally Affiliated Native American monitor (TCA Native American monitor) have been retained at the Applicant/Owner or Grading Contractor’s expense to implement the construction monitoring program, as described in the Pre-Excavation Agreement.
In the event that one or more TCA Tribe chooses not to enter into an agreement, or fails to respond to the offer, the City shall extend the opportunity for another tribe to provide a monitor. In the event that more than one TCA Tribe requests to provide a TCA Native American monitor for activities subject to these measures, the City will allow for either: 1) up to one monitor from each consulting tribe to be present simultaneously; or 2) for the tribes to develop a rotating schedule that alternates monitoring between the tribes on a daily or weekly basis. The monitors shall be provided at least 72 hours’ notice of the initiation of construction and be kept reasonably apprised of changes to the construction schedule. In the event that a monitor is not present at the scheduled time, work can continue without the monitor present, as long as the notice was given and documented.
The Qualified Archaeologist and TCA Native American monitor shall be invited to attend all applicable pre-construction meetings with the General Contractor and/or associated subcontractors to present the construction monitoring program. The Qualified Archaeologist and TCA Native American monitor shall be present on site during grubbing, grading, trenching, and/or other ground disturbing activities that occur in areas of native soil or other permeable natural surfaces that have the potential to unearth any evidence of potential archaeological resources or tribal cultural resources. In areas of artificial paving, the Qualified Archaeologist and TCA Native American monitor shall be present on site during grubbing, grading, trenching, and/or other ground disturbing activities that have the potential to disturb more than six inches below the original pre-project ground surface to identify any evidence of potential archaeological or tribal cultural resources. No monitoring of fill material, existing or imported, will be required if the General Contractor or developer can provide documentation to the satisfaction of the City that all fill materials being utilized at the site are either: 1) from existing commercial (previously permitted) sources of materials; or 2) are from private or other non-commercial sources that have been determined to be absent of tribal cultural resources by the Qualified Archaeologist and TCA Native American monitor.
The Qualified Archaeologist and TCA Native American monitor shall maintain ongoing collaborative coordination with one another during all ground disturbing activities. The requirement for the construction monitoring program shall be noted on all applicable construction documents, including demolition plans, grading plans, etc. The Applicant/Owner or Grading Contractor shall provide written notice to the Planning Division and the TCA Tribe, preferably through e-mail, of the start and end of all ground disturbing activities.
Prior to the release of any grading bonds, or prior to the issuance of any project Certificate of Occupancy, an archaeological monitoring report, which describes the results, analysis, and conclusions of the construction monitoring shall be submitted by the Qualified Archaeologist, along with any TCA Native American monitor’s notes and comments received by the Qualified Archaeologist, to the Planning Division Director for approval. Once approved, a final copy of the archaeological monitoring report shall be retained in a confidential City project file and may be released, as a formal condition of Assembly Bill (AB) 52 consultation, to San Luis Rey Band of Mission Indians, Rincon Band of Luiseño Indians, San Pasqual Band of Mission Indians or any parties involved in the project specific monitoring or consultation process. A final copy of the report, with all confidential site records and appendices, will also be submitted to the South Coastal Information Center after approval by the City.
Unanticipated Discovery Procedures: Both the Qualified Archaeologist and the TCA Native American monitor may temporarily halt or divert ground disturbing activities if potential archaeological resources or tribal cultural resources are discovered during construction activities. Ground disturbing activities shall be temporarily directed away from the area of discovery for a reasonable amount of time to allow a determination of the resource’s potential significance. Isolates and clearly non-significant archaeological resources (as determined by the Qualified Archaeologist, in consultation with the TCA Native American monitor) will be minimally documented in the field. All unearthed archaeological resources or tribal cultural resources will be collected, temporarily stored in a secure location (or as otherwise agreed upon by the Qualified Archaeologist and the TCA Tribe), and repatriated according to the terms of the Pre-Excavation Agreement, unless ordered to do otherwise by responsible agency or court of competent jurisdiction.
If a determination is made that the archaeological resources or tribal cultural resources are considered potentially significant by the Qualified Archaeologist, the TCA Tribe, and the TCA Native American monitor, then the City and the TCA Tribe shall determine, in consultation with the Applicant/Owner and the Qualified Archaeologist, the culturally appropriate treatment of those resources.
If the Qualified Archaeologist, the TCA Tribe, and the TCA Native American monitor cannot agree on the significance or mitigation for such resources, these issues will be presented to the Planning Division Director for decision. The Planning Division Director shall make a determination based upon the provisions of CEQA and California Public Resources Code Section 21083.2(b) with respect to archaeological resources and California Public Resources Section 21704 and 21084.3 with respect to tribal cultural resources, and shall take into account the religious beliefs, cultural beliefs, customs, and practices of the TCA Tribe.
All sacred sites, significant tribal cultural resources, and/or unique archaeological resources encountered within the project area shall be avoided and preserved as the preferred mitigation. If avoidance of the resource is determined to be infeasible by the City as the Lead Agency, then the City shall require additional culturally appropriate mitigation to address the negative impact to the resource, such as, but not limited to, the funding of an ethnographic study and/or a data recovery plan, as determined by the City in consultation with the Qualified Archaeologist and the TCA Tribe. The TCA Tribe shall be notified and consulted regarding the determination and implementation of culturally appropriate mitigation and the drafting and finalization of any ethnographic study and/or data recovery plan, and/or other culturally appropriate mitigation. Any archaeological isolates or other cultural materials that cannot be avoided or preserved in place as the preferred mitigation shall be temporarily stored in a secure location on site (or as otherwise agreed upon by the Qualified Archaeologist and TCA Tribe), and repatriated according to the terms of the Pre-Excavation Agreement, unless ordered to do otherwise by responsible agency or court of competent jurisdiction. The removal of any artifacts from the project site will be inventoried with oversight by the TCA Native American monitor.
If a data recovery plan is authorized as indicated above and the TCA Tribe does not object, then an adequate artifact sample to address research avenues previously identified for sites in the area will be collected using professional archaeological collection methods. If the Qualified Archaeologist collects such resources, the TCA Native American monitor must be present during any testing or cataloging of those resources. Moreover, if the Qualified Archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the TCA Native American monitor may, at their discretion, collect said resources for later reburial or storage at a local curation facility, as described in the Pre-Excavation Agreement.
In the event that curation of archaeological resources or tribal cultural resources is required by a superseding regulatory agency, curation shall be conducted by an approved local facility within San Diego County and the curation shall be guided by California State Historical Resources Commission’s Guidelines for the Curation of Archaeological Collections. The City shall provide the Applicant/Owner final curation language and guidance on the project grading plans prior to issuance of the grading permit, if applicable, during project construction. The Applicant/Owner shall be responsible for all repatriation and curation costs and provide to the City written documentation from the TCA Tribe or the curation facility, whichever is most applicable, that the repatriation and/or curation have been completed.
Human Remains: As specified by California Health and Safety Code Section 7050.5, if human remains, or remains that are potentially human, are found on the project site during ground disturbing activities or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Medical Examiner’s Office by telephone. No further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains (as determined by the Qualified Archaeologist and/or the TCA Native American monitor) shall occur until the Medical Examiner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98.
If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected (as determined by the Qualified Archaeologist and/or the TCA Native American monitor), and consultation and treatment could occur as prescribed by law. As further defined by State law, the Medical Examiner will determine within two working days of being notified if the remains are subject to his or her authority. If the Medical Examiner recognizes the remains to be Native American, and not under his or her jurisdiction, then he or she shall contact the Native American Heritage Commission by telephone within 24 hours. The Native American Heritage Commission will make a determination as to the Most Likely Descendent, who shall be afforded 48 hours from the time access is granted to the discovery site to make recommendations regarding culturally appropriate treatment.
If suspected Native American remains are discovered, the remains shall be kept in situ (in place) until after the Medical Examiner makes its determination and notifications, and until after the Most Likely Descendent is identified, at which time the archaeological examination of the remains shall only occur on site in the presence of the Most Likely Descendent. The specific locations of Native American burials and reburials will be proprietary and not disclosed to the general public. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). In the event that the Applicant/Owner and the Most Likely Descendant are in disagreement regarding the disposition of the remains, State law will apply, and the mediation process will occur with the NAHC. In the event that mediation is not successful, the landowner shall rebury the remains at a location free from future disturbance (see Public Resources Code Section 5097.98(e) and 5097.94(k)).
Construction-related ground- activities (e.g., clearing/grubbing, grading, and other intensive activities) that occur during the breeding season (February 15 through August 31 for most species, and from January 15 through August 31 for raptors,) shall require a one-time biological survey for nesting bird species to be conducted by a qualified biologist within the limits of work within 72 hours prior to construction. This survey is necessary to ensure avoidance of impacts to nesting raptors and/or birds protected by the federal Migratory Bird Treaty Act and California Fish and Game Code, Sections 3503 and 3513. If any active nests are detected, the area shall be flagged and mapped on the construction plans or a biological resources figure, and the information provided to the construction supervisor and any personnel working near the nest buffer. Active nests shall have “no work zone” buffers established around them (e.g., 250 feet for passerines to 500 feet for raptors) by the project biologist in the field with brightly colored flagging tape, conspicuous fencing, or other appropriate barriers or signage. The project biologist shall serve as a construction monitor during those periods when construction activities occur near active nest areas to avoid inadvertent impacts to these nests. The project biologist may adjust the 250-foot or 500-foot setback at his or her discretion depending on the species and the location of the nest (e.g., if the nest is well protected in an area buffered by dense vegetation). However, if needed, additional qualified monitor(s) shall be provided in order to monitor active nest(s) or other project activities in order to ensure all of the project biologist’s duties are completed. Once the nest is no longer occupied for the season as determined by the project biologist, construction may proceed in the setback areas. If construction activities, particularly clearing/grubbing, grading, and other intensive activities, stop for more than 3 days, an additional nesting bird survey shall be conducted within the proposed impact area.
Prior to commencement of construction or excavation activities, a Soil Management Plan (SMP) shall be prepared for use during earthmoving activities to address potential residual impacts in soil from prior releases on the project site, as well as potential unknown impacts that could be encountered (e.g., USTs). Known areas of concern include very limited areas of diesel in soil at 1010 Linda Vista Drive and 1023/1031 Grand Avenue. There was also a former tank at 961 Grand Avenue; soil beneath the tank was reportedly clean, however, the location could be noted in the SMP in an abundance of caution. Details regarding the former impacts are discussed in the December 2022 Phase I ESA prepared by Dudek and other pertinent publicly available cleanup reports. The SMP shall identify these known areas of concern and include training procedures for identification of contamination, if present. The SMP shall describe procedures for assessment, characterization, management, and disposal of hazardous constituents, materials, and wastes, in accordance with all applicable state and local regulations. Contaminated soils shall be managed and disposed of in accordance with local and state regulations. The SMP shall include health and safety measures, which may include but are not limited to periodic work breathing zone monitoring and monitoring for volatile organic compounds using a handheld organic vapor analyzer in the event impacted soils are encountered during excavation activities.
Prior to issuance of any building permit, unless otherwise noted, the applicant/developer shall comply with the following conditions:
Land Development Division
The Parcel Map shall be recorded prior to building permit issuance.
The approved precise grading plans shall be attached to the building plans.
Prior to submittal of any building plans, the grading and public improvement plan sets shall be submitted for the second plan check and deemed substantially complete by the Land Development Engineer. Prior to issuance of any building permits, the public improvement plans shall be approved by the City Engineer and appropriate securities accepted. If the applicant/developer submits any building plans, prior to the grading and public improvement plan second plan check, an at-risk letter will be required by the applicant/developer acknowledging additional reviews or comments may be required on the building plans review.
All public improvements required at the time of subdivision and/or development shall be under construction to the satisfaction of the City Engineer prior to the issuance of the first production building permit, excluding retaining wall permits and model units.
All grading shall be observed by a licensed geotechnical engineer, who shall prepare a written report to the satisfaction of the City Engineer certifying that the work has been performed in compliance with the recommendations contained within the geotechnical report and on the approved project plans. If not so done, the report shall describe the actual work performed and any deficiencies observed. The final report shall specifically detail conditions and remedial work performed that was not specifically identified in the initial report of subsurface conditions.
A certification of line and grade for the building pad, signed and stamped by the engineer of work, shall be provided to the Engineering Inspector. The certification shall be in a form acceptable to the City Engineer.
The base lift of asphalt on all roads serving the area under construction shall be completed as shown on the tentative map including the project’s proposed off-site improvements. All proposed fire hydrants shall be operational prior to the delivery of combustible materials to the project site.
During the grading and construction phase, the applicant/developer shall comply with the following conditions:
Construction Engineering Inspection Division
Prior to any construction activities, a pre-construction meeting shall be held with the Construction Engineering Inspection Division. The applicant/developer shall provide the inspector with a detailed construction schedule which depicts when building occupancy or occupancies will occur and when key public and private infrastructure improvements will be completed. Schedule updates shall be provided to the Building and Engineering Inspectors at a minimum monthly basis throughout the life of the project.
Grading, excavation or other related earth moving operations, including warm-up and maintenance activities, shall be limited to the hours of 7:00 a.m. to 4:30 p.m., Monday through Friday, in accordance with SMMC Section 17.32.080. No work shall be allowed on Saturdays, Sundays and holidays.
During construction activities, the applicant/developer shall maintain public and private driveway and/or road access to neighboring properties at all times unless previous arrangements have been made with the private parties affected. Copies of said agreements shall be provided to the City Engineer.
The applicant/developer shall submit a traffic control plan to the Public Works Inspector for all phases of construction for approval by the City Engineer. Said plan shall include all traffic control devices including traffic signals as required.
Construction haul routes must be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible.
At the discretion of the Engineering Inspector, the applicant/developer shall document the pre-construction condition of existing roads or offsite properties which may be impacted by construction activities. The applicant/developer shall be responsible in repairing any construction related damages prior to occupancy.
A Right-of-Way permit shall be required prior to commencement of any work within the City right-of-way.
The applicant/developer shall implement and maintain storm water pollution prevention measures as required on the approved plans. Violations of the City’s Storm Water Management Ordinance (SMMC Chapter 14.15) will result in Stop Work Orders, Notices of Violations and/or citations with fines. Work on the project may be delayed until the City determines that compliance with storm water requirements has been achieved.
Planning Division
Indirect impacts to sensitive riparian and wetland vegetation communities, sensitive habitat, and jurisdictional aquatic resources located within the existing Conservation Area, which will remain under the City’s jurisdiction, shall be avoided through implementation of the following measures:
All proposed lighting systems associated with proposed future development shall comply with City standards for shielded low sodium, low wattage lighting designed to cut glare and light scatter and to direct light away from the Conservation Area.
Signage shall be installed by the project applicant or its designee along the development/open space interface and/or should be provided at existing buildings where determined appropriate by the City for the purpose of identifying sensitive habitats and educating visitors and residents of sensitive habitats and/or restoration efforts. Signage shall include information regarding the importance of not allowing pets to roam outdoors and off-leash, both for the safety of pets and to protect native wildlife.
The Conservation Area shall be strategically fenced to ensure habitat protection and to minimize conflicts with adjacent neighborhoods. All necessary fencing shall be designed to allow for wildlife passage but deter human use of the Conservation Area. The Conservation Area shall be fenced using permanent fencing consisting of split-rail wood fence with 2” x 2” wire mesh, or a combination thereof consistent with Negative Declaration 09-789. Prior approval of the fencing location and final fence type and design must be secured by the City of San Marcos and the responsible wildlife jurisdictional agencies.
The limits of work shall be clearly defined and marked in the field and reviewed by a qualified biologist for consistency against the approved grading plan prior to initiation of project construction.
All site preparation and construction activities shall incorporate standard erosional best management practices (BMPs) including, but not limited to, straw bales, gravel bags, sand bags, the periodic watering of bare areas, and the direction of construction area drainage to existing storm drain facilities.
All equipment maintenance, staging areas, and dispensing of fuel, oil, or other toxicants shall occur in designated upland areas at least 50 feet from the Conservation Area.
Install silt fencing and other silt containment devices where necessary to prevent off-site transport of sediment and pollutants. Install oil and grease traps at any storm drain inlets which are adjacent to or within work areas.
Any post-construction BMPs shall be described in a Stormwater Management Plan to illustrate how runoff from proposed developments will be treated prior to its discharge into the drainage.
In the event that paleontological resources (fossil remains) are exposed during construction activities for the proposed project, all construction work occurring within 50 feet of the find shall immediately stop until a qualified paleontologist, as defined by the Society of Vertebrate Paleontology’s 2010 guidelines, can assess the nature and importance of the find. Depending on the significance of the find, the paleontologist may record the find and allow work to continue or recommend salvage and recovery of the resource. All recommendations will be made in accordance with the Society of Vertebrate Paleontology’s 2010 guidelines and shall be subject to review and approval by the City of San Marcos. Work in the area of the find may only resume upon approval of a qualified paleontologist.
Prior to the occupancy of any structure, the applicant/developer shall comply with the following conditions:
Land Development Division
All improvements including underground conversion of overhead utilities shall be completed in accordance with the approved project plans prior to issuance of the first Certificate of Occupancy.
All applicable easements and agreements shall be recorded prior to occupancy if not required sooner by these conditions.
Prior to the issuance of any certificates of use and occupancy, the applicant/developer shall provide evidence to the Building Official, that the Department of Real Estate has been notified that the project area is within the boundaries of a Community Facilities District (CFD), and will be subject to special taxes for public facilities and/or services.
Redline As-Built drawings shall be submitted to the Engineering Division for review and approval. Record drawing mylar plans shall be submitted and approved prior to the release of any project securities.
Any existing broken pavement, concrete curb, gutter or sidewalk or any other facilities damaged during construction of the project, shall be repaired or replaced as directed by the Public Works Inspector.
Water and sewer improvements in accordance with the project water/sewer study shall be constructed for the project as determined necessary by the applicable water/sewer district(s).
Resolution No. 2023-9225
TPM22-0001
October 24, 2023