RESOLUTION NO. 2023-9227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING GPA22-0001 AND GPA22-0005, AMENDMENTS TO THE CITY’S GENERAL PLAN GPA 23-0004
WHEREAS, on October 24, 2023, the City Council conducted a duly noticed public hearing and approved Resolution No. 2023-9221 conditionally approving an amendment to the City’s General Plan to change the land use designation from “Commercial” to “Specific Plan Area” (“GPA22-0001”) on 12.06 acres located west of the intersection of Grand Avenue and Linda Vista Drive (“Marcos Specific Plan”) as described in Exhibit “A” of Resolution No. 2023-9221; and WHEREAS, on October 24, 2023, prior to its conditional approval of GPA22-0001, the City Council reviewed and considered a Mitigated Negative Declaration (ND23-012 / SCH No. 2023070239) pursuant to the California Environmental Quality Act (CEQA) and determined that GPA22-0001 is within the scope of the Mitigated Negative Declaration and the mitigation monitoring and reporting program; and WHEREAS, all persons wishing to testify in connection with GPA22-0001 were heard during the public hearing on October 24, 2023 and GPA22-0001 was comprehensively reviewed; and WHEREAS, on October 24, 2023, the City Council of the City of San Marcos (“City Council”) conducted a duly noticed public hearing and approved Resolution No. 2023-9218 conditionally approving an amendment to the City’s General Plan to change the land use designation from Commercial to Medium High Density Residential (“GPA22-0005”) for 0.33 acres located at 236 and 244 Pico Avenue north of San Marcos Boulevard as described in Exhibit “A” of Resolution No. 2023-9218; and WHEREAS, on October 24, 2023, prior to its conditional approval of GPA22-0005, the City Council reviewed and considered a Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) pursuant to the California Environmental Quality Act (CEQA) and determined that GPA22-0005 is within the scope of the Mitigated Negative Declaration and the mitigation monitoring and reporting program; and WHEREAS, all persons wishing to testify in connection with GPA22-0005 were heard during the public hearing on October 24, 2023 and GPA22-0005 was comprehensively reviewed; and WHEREAS, pursuant to Government Code section 65358(b), a mandatory element of the City’s General Plan may be amended no more than four times per calendar year; and WHEREAS, in compliance with Government Code section 65358(b), the City Council desires to approve GPA22-0001 and GPA22-0005.
NOW, THEREFORE, the City Council of the City of San Marcos, California, resolves as follows:
SECTION 1. Incorporation by Reference. The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
SECTION 2. CEQA Findings for GPA22-0001. As the decision-making body for GPA22-0001, the City Council has reviewed and considered the information contained in the Mitigated Negative Declaration, including all written and oral evidence provided during the public hearing for GPA22-0001. Based on the facts and information contained in the Mitigated Negative Declaration, the City Council hereby makes and adopts the following findings:
The Mitigated Negative Declaration has been completed in compliance with CEQA and all other applicable laws.
The Mitigated Negative Declaration contains a complete and accurate reporting of the environmental impacts associated with GPA22-0001 and reflects the independent judgment and analysis of the City Council.
All mitigation measures applicable to GPA22-0001 shall be a condition of approval for GPA21-0001 and are incorporated herein by this reference.
SECTION 3. CEQA Findings for GPA22-0005. As the decision-making body for GPA22-0005, the City Council has reviewed and considered the information contained in the Mitigated Negative Declaration, including all written and oral evidence provided during the public hearing for GPA22-0005. Based on the facts and information contained in the Mitigated Negative Declaration, the City Council hereby makes and adopts the following findings:
The Mitigated Negative Declaration has been completed in compliance with CEQA and all other applicable laws.
The Mitigated Negative Declaration contains a complete and accurate reporting of the environmental impacts associated with GPA22-0005 and reflects the independent judgment and analysis of the City Council.
All mitigation measures applicable to GPA22-0005 shall be a condition of approval for GPA21-0005 and are incorporated herein by this reference.
SECTION 4. General Plan Amendment Findings for GPA22-0001. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby reaffirms and incorporated herein by reference the General Plan Amendment Findings for GPA22-0001 as set forth in Resolution No. 2023-9221.
SECTION 5. General Plan Amendment Findings for GPA22-0005. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby reaffirms and incorporated herein by reference the General Plan Amendment Findings for GPA22-0005 as set forth in Resolution No. 2023-9218.
SECTION 6. Approval of GPA22-0001. GPA22-0001 is hereby approved. The City Council hereby adopts the amendments to the City’s General Plan Land Use Map as set forth on the map attached as Exhibit “A” of Resolution No. 2023-9221 and incorporated herein by reference.
SECTION 7. Approval of GPA22-0005. GPA22-0005 is hereby approved. The City Council hereby adopts the amendment to the City’s General Plan Land Use Map as set forth on the map attached as Exhibit “A” of Resolution No. 2023-9218 and incorporated herein by reference.
SECTION 8. Severability. In the event any portion of this Resolution and the approvals referenced herein is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Resolution. The City Council declares that it would have passed and adopted the Resolution, and each portion, section, sentence, clause or phrase hereof, regardless of the fact that any one or more portions, sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
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: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
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Phillip Scollick, City Clerk
City of San Marcos