RESOLUTION NO. 2023-9244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A GENERAL PLAN AMENDMENT FOR A LAND USE DESIGNATION CHANGE OF 10.5 ACRES FROM MIXED-USE 1 (MU 1) AND LIGHT INDUSTRIAL (LI) TO SPECIFIC PLAN AREA (SPA) GPA22-0002
Lennar Homes of California, Inc.
WHEREAS, Government Code sections 65350 et seq. require each planning agency and legislative body of each city to adopt a comprehensive, long-term general plan for the physical development of the city; and WHEREAS, Section 65358 of the Government Code specifies the requirements for the amendment of all or part of a General Plan; and WHEREAS, on July 14, 2022, the City received an application from Lennar Homes of California Inc., requesting a General Plan Amendment for a change of land use designation from Mixed-Use-1 (MU 1) and Light Industrial (LI) to Specific Plan Area (SPA) 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 Specific Plan (SP22-0004) to establish rules and regulations for the development of the project site; 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 resolve as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
The City Council hereby approves this General Plan Amendment, as shown on the attached Exhibit A, incorporated by reference and made a part of this Resolution as though fully set forth herein.
This General Plan Amendment is recommended to the City Council for approval in conjunction with the, Specific Plan (SP22-0004), 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 2023-1540, 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 General Plan Amendment is consistent with the Goals and Objectives in the General Plan, in that it is consistent with the City’s adopted General Plan and more specifically the Land Use and Community Design Element as General Plan Amendment (GPA22-0002) and Rezone (R22-0002) to change the respective land use and zoning designations of the site from Mixed-Use 1 (MU 1) and Light Industrial (LI) to Specific Plan Area (SPA) is in keeping with the City’s vision to implement Smart Growth Principles as in-fill re-development projects come forward. In addition, the proposed mixed-use development including a public park and the overall site layout of the 10.5-acre site is consistent with General Plan LU-1 goal to achieve a balanced distribution and compatible mix of land uses that will meet the present and future needs of all residents and the business community. The proposed project would bring forth form-based codes within the Restaurant Row Specific Plan to create mixed use type developments, that incorporate “Complete Streets” concepts and that ultimately create “Healthy Communities” as defined by the American Planning Association and envisioned in the City’s General Plan Land Use and Community Design Element. Lastly, the proposed 10.5 acre project site is situated in the General Plan “Urban Core Focus Area” and 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 General Plan Amendment is deemed to be in the public interest, in that General Plan Amendment (GPA22-0002) and Rezone (R22-0002) to change the respective land use and zoning designations of the site from Mixed-Use-1 (MU-1) and Light Industrial (L-I) to Restaurant Row Specific Plan Area (SPA) would bring forth the City’s Vision to allow redevelopment of infill areas with Mixed Use type projects that introduce a combination of residential uses along with supportive commercial uses and site designs that links allowable land uses with community design elements such as the paseos meandering throughout the project site and connecting to the multi-way improvements along the southern portion of the project site within the San Marcos Boulevard right-of-way. Implementation of these elements will further promote a more walkable and bike-friendly type neighborhood rather than the previous automobile centric type land uses in the area. In addition, the overall site design incorporates a 1.12-acre Neighborhood Public Park within the project and larger Focus Area 3 consistent with the General Plan Land Use and Community Design Element and that will complement and enhance the customer base opportunities for the commercial uses in the area.
The proposed General Plan Amendment will not be detrimental to the public health, safety, and welfare, in that the change Land Use and Zoning Designations to the Restaurant Row Specific Plan Area will align with General Plan Land Use Policy LU-1.3 in diversifying land uses by providing mixed use land uses in a strategic manner within the Urban Core Focus Area which forms a triangle in a central portion of the City and that will provide housing adjacent to employment. In addition, the Restaurant Row Specific Plan establishes development and design standards for the 10.5 acre site and through Site Development Plan (SDP22-0006) for the Mixed Use Component and Site Development Plan (SDP23-0004) for the Neighborhood Public Park 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.
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 General Plan Amendment 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.
F. The applicant/developer shall comply with all provisions and requirements set forth in the San Marcos Municipal Code, and all City ordinances, resolutions, policies and procedures, and as authorized by the Restaurant Row Specific Plan, and with all applicable state and federal regulations, as may be amended from time to time, whether or not such provisions or requirements have been specifically set forth in these conditions, all of which are now incorporated by reference and made a part of this Resolution with the same force and effect as though fully set forth herein.
G. To the extent feasible and as permitted by law, developers and contractors are requested to first consider the use of San Marcos businesses for any supplies, materials, services, equipment needed, and the hiring of local residents to stimulate the San Marcos economy to the greatest extent possible.
H. 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 12th day of December, 2023, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
ATTEST:
Phillip Scollick, City Clerk
Attachment(s):
Exhibit A – Land Use Change Exhibit
EXHIBIT A
Land Use Change Exhibit
Resolution No. 2023-9244
GPA22-0002
December 12, 2023