ORDINANCE NO. 2023-1537
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A SPECIFIC PLAN FOR MIXED USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT SP22-0003
Lab Holding, LLC
WHEREAS, on March 28, 2022, the City received an application from Lab Holding, LLC requesting a Specific Plan to allow for commercial and residential development 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 Specific Plan is being requested in conjunction with 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 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); 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 and adopts this Specific Plan, as shown on the attached Exhibit A, incorporated by reference and made a part of this Ordinance as though fully set forth herein.
This Specific Plan is approved in conjunction with the submitted General Plan Amendment (GPA22-0001); Rezone (R22-0001); a Multi-Family Site Development Plan (MFSDP22-0002) a Tentative Subdivision Map (TSM22-0002); a Conditional Use Permit (CUP22-0002); a Tentative Parcel Map (TPM22-0001); and a Site Development Plan (SDP22-0003); and all conditions of approval specified in Resolutions/Ordinances 2023-9221, 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 Specific Plan is consistent with the City's General Plan, in that the Specific Plan will provide rules and regulations for development of the project site while addressing the unique physical characteristics, constraints, and resources of the Specific Plan Area. In addition, General Plan Consistency Findings are provided within the Marcos Specific Plan.
The proposed Specific Plan complies with the objectives of the adopted City-wide Land Use Policy Plan, in that the 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 in accordance with Land Use Goal LU-1. Furthermore, the project promotes compact development patterns that reduce air pollution and automobile dependence and facilitates walking, bicycling, and transit use in accordance with Land Use Policy LU-2.1.
The proposed Specific Plan will not be detrimental to the public health, safety, morals, and welfare, in that the proposed commercial and residential project will be conditioned through a Multi-Family Site Development Plan, Tentative Subdivision Map, Conditional Use Permit, Tentative Parcel Map, and Site Development Plan and as required by the Marcos Specific Plan, for architectural treatment, building setbacks, landscaping, parking, and adequate public facilities and infrastructure.
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 Specific Plan 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.
Prior to submittal of grading, final maps, and/or building permit application, whichever comes first, the applicant/developer shall submit the specific plan (in color) as an editable digital file on a CD and two (2) hard copies to the Planning Division for review and final approval.
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.
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 – Specific Plan text
EXHIBIT A
Specific Plan
[SPECIFIC PLAN TEXT AS SEPARATE PDF]
Ordinance No. 2023-1537
SP22-0003
October 24, 2023