ORDINANCE NO. 2023-1540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A SPECIFIC PLAN FOR THE RESTAURANT ROW SPECIFIC PLAN AREA CONSISTING OF 202 MULTI-FAMILY RESIDENTIAL UNITS, 10,400 SQUARE FEET OF COMMERCIAL SPACE, AND A 1.1-ACRE PUBLIC PARK SP22-0004
Lennar Homes of California, Inc.
WHEREAS, on July 14, 2022, the City received an application from Lennar Homes of California Inc., requesting a Specific Plan for a mixed use development consisting of 202 multi- family residential units and 10,400 square feet of commercial space along with a 1.12 acre neighborhood public park for 10.5 acres located at 1020 West San Marcos Boulevard (Northwest corner of West San Marcos Boulevard and Via Vera Cruz) in the Business/Industrial District, more particularly described as:
Brief Legal Description: PARCEL A1: PARCEL 1 OF PARCEL MAP NO. 17325, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1994 AS FILE NO. 1994- 0133864 OF OFFICIAL RECORDS. PARCEL A2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 20 FEET OF PARCELS A AND B, AND THE EASTERLY 28 FEET OF PARCEL C OF PARCEL MAP NO, 10751, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 02, 1980 AS FILE NO. 80-0405416 OF OFFICIAL RECORDS. PARCEL A3: AN EASEMENT FOR INGRESS AND EGRESS AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 20 FEET WIDE BEING DESCRIBED AS FOLLOWS: THE NORTHERLY 20 FEET OF LOT 1 IN BLOCK 77 OF 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. PARCEL B1: PARCELS 2 and 3 OF PARCEL MAP NO. 17325, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1994 AS FILE NO. 1994-0133864 OF OFFICIAL RECORDS. PARCEL B2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 20.00 FEET AND THE WESTERLY 16.00 FEET OF THAT PORTION OF LOT 1, BLOCK 77 OF 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 1 WITH THE WESTERLY LINE OF VIA VERA CRUZ (84.00 FEET WIDE) AS SHOWN ON PARCEL MAP NO. 10751 AS RECORDED IN THE OFFICE OF SAID COUNTY RECORDER, DECEMBER 02, 1980; THENCE ALONG SAID NORTHERLY LINE, SOUTH 71° 32' WEST, 302.00 FEET (SOUTH 71° 33' 48" WEST, PER PARCEL MAP NO. 10751); THENCE SOUTH 18° 28' EAST, 173.50 FEET; THENCE NORTH 71° 32' EAST, 302.00 FEET TO SAID WESTERLY LINE OF VIA VERA CRUZ; THENCE ALONG SAID WESTERLY LINE, NORTH H 18° 28' WEST (NORTH 18° 26' 49" WEST, PER PARCEL MAP NO. 10751) 173.50 FEET TO THE POINT OF BEGINNING.
Assessor’s Parcel Number(s): 219-200-30-00, 219-200-31-00, and 219-200-45-00; and
WHEREAS, the General Plan Amendment is requested in conjunction with a General Plan Amendment (GPA22-0002) to change the General Plan land use designation of the project site from Mixed-Use 1 (MU 1) and Light Industrial (LI) to Specific Plan Area (SPA); a Rezone (R22- 0002) to rezone the project site from Mixed-Use 1 (MU-1) and Light Industrial (L-I) to Specific Plan Area (SPA); a Vesting Tentative Subdivision Map (TSM22-0003) to create three lots with up to 202 residential and 30 commercial condominium units; and two Site Development Plans (SDP22-0006) for the private mixed-use development consisting of 202 multi-family residential units and 10,400 square-feet of commercial space and Site Development Plan (SDP23-0004) for the development of a 1.1-acre neighborhood public park; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on December 1, 2022, a public workshop was conducted to provide an informational overview of the proposed project and collected feedback from the general public on the demand for specific recreation amenities in the park; and WHEREAS, on January 25, 2023, the City held a second public workshop to provide an informational overview of the proposed public park design and allow the general public to engage the design process through a design charette with the applicant and City staff; and WHEREAS, on June 29, 2023, the City held a third public workshop to provide an updated informational overview of the proposed project to the general public; and WHEREAS, on November 6, 2023, the San Marcos Planning Commission held a duly-noticed public hearing, and a motion to recommend to City Council approval of said request together with the associated environmental document failed by a 1-6 vote, against; and WHEREAS, the applicant has made material modifications to the project design to address the Planning Commission’s concerns related to parking by adding 17 new onsite parking spaces, additional on-street parking spaces, and the applicant has actively engaged in advanced discussions with the owners of adjacent properties and businesses to further address these concerns; and WHEREAS, on December 12, 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 (ND23-011) (SCH No. 2023080476) 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 (GPA22-0002), Rezone (R22-0002), Vesting Tentative Subdivision Map (TSM22-0003), Site Development Plan (SDP22-0006), and Site Development Plan (SDP23-0004) and all conditions of approval specified in Resolution and Ordinance No.’s 2023-9244, 2023-1541, 2023-9245, 2023-9246, and 2023-9247, respectively, which documents are incorporated herein by this reference; and the mitigation measures in the Mitigated Negative Declaration (ND23-011) (SCH No. 2023080476) 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 Restaurant Row Specific Plan will provide rules and regulations for redevelopment of the project site consistent with the General Plans vision for the “Urban Core Focus Area”. The proposed Mixed-Use development is located in an area of the City designated as “San Marcos Focus Area 3” of the Land Use Plan and is compatible with the objectives, policies, general land uses, and programs specified in the General Plan that focuses Mixed Use (MU) west of Via Vera Cruz by providing a (MU) development consisting of 202 multi-family residential units and 10,400 square feet of commercial space along with a 1.12 acre neighborhood public park in an area that currently is underutilized.
The proposed Specific Plan complies with the objectives of the adopted City-wide Land Use Policy Plan, in that the mixed-use project will integrate residential, commercial, and a public park into a single 10.5 acre site and ultimately providing a balanced distribution of land uses that creates a desirable place for people to live, work, shop, and play in accordance with Land Use Goal LU-5, Furthermore the Specific Plan Design Guidelines will ensure that the community’s character evolves through the redevelopment of the site and the creation of a unique mixed-use development consisting of public spaces and vertical massing that creates a sense of place in accordance with Land Use Policy LU-5.1.
The proposed Specific Plan will not be detrimental to the public health, safety, morals, and welfare, in that the project will be conditioned through a Vesting Tentative Subdivision Map and two Site Development Plans, as required by the Restaurant Row Specific Plan and will ensure that adequate public services, utilities, and infrastructure, including fire and police along with water, wastewater, utilities such as electricity, natural gas, and telecommunications are adequately developed to serve the site. The overall project will also be developed in accordance with the California Building Code and all landscaping installed in compliance with the City’s Water Efficient Landscape Ordinance. In addition, the proposed project would bring forth form-based codes within the Restaurant Row Specific Plan that all work together in creating mixed use type developments, that incorporate “Complete Streets” concepts and that ultimately create “Healthy Communities” as envisioned in the City’s General Plan Land Use and Community Design Element.
All requirements of CEQA have been met, in that Mitigated Negative Declaration (ND23-011) (SCH No. 2023080476) has been prepared for the proposed project and all potential impacts related to biological resources, cultural resources, public services, and cultural tribal resources will be mitigated to a level less than significant.
This Specific Plan is within the scope of the Mitigated Negative Declaration (ND23-011) (SCH No. 2023080476) 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 media acceptable to the City 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 12th day of December, 2023.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this [00] day of [month], [year], by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
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. 2023-1540
SP22-0004
December 12, 2023