ORDINANCE NO. 2023-1536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A REZONE OF 0.33 ACRES FROM COMMERCIAL (C) TO MULTIFAMILY RESIDENTIAL (R-3-6) R22-0004
Pico Investments 7, LLC.
WHEREAS, on December 1, 2022, the City received an application from Pico Investments 7, LLC. requesting a zone reclassification of 0.33 acres from Commercial (C) to Multi-Family (R-3-6) located at 236 Pico Avenue in the Richmar Neighborhood more particularly described as:
That portion of Lot 2 in Block 61 of Rancho Los Vallecitos De San Marcos, in the City of San Marcos, County of San Diego, State of California, according to Map thereof No. 806, filed in the office of the County Recorder of said San Diego County, December 21, 1895, described as follows:
Beginning at a point on the Easterly line of said Lot 2, distant thereon 362.9 feet Southerly from the most Northerly corner of said Lot 2; thence continuing Southerly along said Easterly line 120 feet; thence Westerly parallel with the Northerly line of said Lot, 120 feet; thence Northerly parallel with the Easterly line of said Lot, 120 feet; thence Easterly parallel with the Northerly line, 120 feet to the point of beginning.
Assessor’s Parcel Number: 220-140-06-00; and
WHEREAS, the Specific Plan is being requested in conjunction with a General Plan Amendment (GPA22-0005) to change the land use from “Commercial” to “Medium High Density Residential (20.1 to-30.0) du/ac”; a Tentative Subdivision Map (TSM22-0005) to consolidate 2 parcels into 1 lot and create up to 16 residential condominium units; and a Multi-Family Site Development Plan (MFS22-0006) which will guide the orderly development of 16 residential condominium units on the project site; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on August 31, 2023, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on September 18, 2023, the San Marcos Planning Commission held a duly noticed public hearing and recommended approval of said request and the appropriate environmental document for said request to the City Council, by a 7-0 vote, in favor; and WHEREAS, on October 24, 2023, the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and WHEREAS, the City Council did review and consider an Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) for said request pursuant to the California Environmental Quality Act (CEQA); and NOW, THEREFORE, the City Council does hereby order as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Ordinance.
The City Council hereby approves this Rezone, as shown on the attached Exhibit A, incorporated by reference and made a part of this Ordinance as though fully set forth herein.
This Rezone is approved in conjunction with the submitted GPA22-0005, TSM22-0005, and MFS22-0006 and all conditions of approval specified in Resolutions 2023-9218, 2023-9219, and 2023-9220, respectively, which documents are incorporated herein by this reference; and the mitigation measures in Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) are hereby incorporated by reference and made a part of this Resolution with the same force and effect as though fully set forth herein.
The City Council’s decision is based on the following findings and determinations:
The proposed Rezone is consistent with the City’s General Plan and the land uses authorized by the Rezone are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, in that the project implements to following policies:
Compliments adjacent land uses by considering compatibility of activities, development patterns and architectural character elements and access to various mobility choices. (LU-1.1) Provides a diversity of mixed land uses in strategic locations within the City that place housing adjacent to employment. (LU-1.3) Promotes compact development patterns that reduce air pollution and automobile dependence and facilitate walking, bicycling, and transit use. (LU-2.1) Supports walkable, development along main transit and transportation corridors. (LU-7.1) The proposed Rezone complies with the objectives of the adopted City-wide Land Use Policy Plan, in that the project proposes 16 residential units, at a density of 24 dwelling units per acre (du/ac), in conformance with the allowed density of the Medium High Density Residential (MHDR) land use designation that provides for density of 20.1 to 30.0 du/ac.
The proposed Rezone implements the land use designations of the City's General Plan for the public health, safety, comfort, convenience, and general welfare of the San Marcos Community in that the redevelopment of the site will conform to the provisions of the R-3-6 zone, which is consistent with and implements the MHDR General Plan land use designation. The rezone of the property to R-3-6 is an expansion of an adjacent R-3-6 zoning district to the north of the project site and will facilitate the development of a vacant parcel and blighted parcel by creating a zoning district of an appropriate size to accommodate a high quality residential development. Additionally, a Multifamily Site Development Plan (MFS22-0006) will ensure the orderly development of the site in conformance with the new General Plan and Zoning designations, and ensure adequate public facilities and infrastructure, including but not limited to fire, police, water, sewer are available to the property for the project. The project will also be developed in accordance with the California Building Code and all landscaping will be installed in conformance with the City’s Water Efficient Landscape Ordinance.
All requirements of CEQA have been met, in that the project, as conditioned, will not have a significant effect on the environment, as reviewed and analyzed in the Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) and the implementation of the mitigation monitoring and reporting program (MMRP), will ensure the mitigation measures related to biological resources, tribal/cultural resources, noise, hazards and hazardous materials, public services have been incorporated into the conditions of approval of TSM 22-0005 (Resolution No. 2023-9219) and MFS 22-0006 (Resolution No. 2023-9220).
This Rezone is within the scope of the Mitigated Negative Declaration (ND23-013 / SCH No. 2023070468) and the mitigation monitoring and reporting program, and both are hereby recommended to the City Council for adoption pursuant to CEQA.
This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall publish this Ordinance or the title hereof as a summary in a newspaper of general circulation in the City as required by law.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 24th day of October, 2023.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this __________ day of ____________, by the following roll call vote:
AYES: COUNCIL MEMBERS: JENKINS, MUSGROVE, NUÑEZ, SANNELLA, JONES NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Rebecca D. Jones, Mayor
ATTEST: APPROVED AS TO FORM:
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney Attachment(s):
Exhibit A – Rezone Exhibit
EXHIBIT A
Rezone Exhibit
Multifamily Residential(R-3-6)Multifamily Residential(R-3-6)APN 220-140-06-00 (Subject Site)APN 220-140-06-00
(Subject Site)APN’s 220-140-16-00 and
220-140-05-00
(Not a part of Rezone)APN’s 220-140-16-00 and
220-140-05-00
(Not a part of Rezone)
Multifamily Residential
(R-3-6)
Multifamily Residential
(R-3-6)
APN 220-140-06-00
(Subject Site)
APN 220-140-06-00
(Subject Site)
APN’s 220-140-16-00 and
220-140-05-00
(Not a part of Rezone)
APN’s 220-140-16-00 and
220-140-05-00
(Not a part of Rezone)
Ordinance No. 2023-1536
R22-0004
October 24, 2023