ORDINANCE NO. 2023-1538
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A REZONE OF 12.06 ACRES FROM COMMERCIAL (C) TO SPECIFIC PLAN AREA (SPA) R22-0001
Lab Holding, LLC
WHEREAS, on March 28, 2022, the City received an application from Lab Holding, LLC requesting a zone reclassification of 12.06 acres from Commercial (C) to Specific Plan Area (SPA) 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 zone reclassification is being 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 General Plan Amendment (GPA22-0001) to change the land use from “Commercial” to “Specific Plan Area”; 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; 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 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 Specific Plan (SP22-0003); General Plan Amendment (GPA22-0001); 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 2023-1537, 2023-9221, 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 Rezone is consistent with the City’s General Plan and the land uses authorized by the Rezone through implementation of the Marcos Specific Plan (SP22-0003) are compatible with the objectives, policies, general land uses, and programs specified 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 Rezone 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 Rezone complies with the objectives of the adopted City-wide Land Use Policy Plan, in that the project requires approval of a Specific Plan which requires high quality design, orientation and development due to their location or visibility within the community (San Marcos General Plan Policy LU5.6) which in turn helps to promote community design that produces a distinctive, high quality built environment with forms and character that create memorable places and enrich community life.
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 proposed commercial and multi-family residential development would direct growth in an area of San Marcos that can support a variety of uses, and the proposed multi-family and commercial development locates uses near transit and employment opportunities.
The proposed Rezone enables flexibility in development type and scale by location to provide for emerging economic and social trends, in that the site has been vacant for ten years under the current Commercial (C) zoning. The proposed Rezone to Specific Plan Area (SPA) allows for flexibility in development by implementing the Marcos Specific Plan which allows for multi-family residential units and commercial development on the site in close proximity to State Route 78, transit options, and existing and new employment opportunities. The Specific Plan allows additional flexibility in land uses and development standards compared to other zoning designations which aligns with current economic and social trends.
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 Rezone 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.
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
Rezone from “Commercial” (C) to “Specific Plan Area, Marcos Specific Plan” (SPA, Marcos) 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 Ordinance No. 2023-1538
R22-0001
October 24, 2023