Resolution No. 2023-9245 - TSM22-0003 — San Marcos City Council, December 12, 2023

RESOLUTION NO. 2023-9245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A VESTING TENTATIVE SUBDIVISION MAP FOR THE CREATION OF THREE LOTS AND A MIXED-USE DEVELOPMENT CONDO MAP CONSISTING OF UP TO 202 MULTI-FAMILY RESIDENTIAL UNITS AND 10,400 SQUARE FEET OF COMMERCIAL SPACE WITHIN 30 COMMERCIAL UNITS ALONG WITH A 1.1 ACRE NEIGHBORHOOD PUBLIC PARK IN THE RESTAURANT ROW SPECIFIC PLAN AREA DESIGNATED SITE TSM22-0003
Lennar Homes of California, Inc.

WHEREAS, on July 14, 2022, the City received an application from Lennar Homes of California Inc., requesting a Vesting Tentative Subdivision Map to create three lots and a Mixed Use Development Condo Map for up to 202 Multi-Family Residential Units and 10,400 square feet of Commercial Space within 30 commercial units (for commercial tenant spaces and/or future commercial appurtenances that may need separate ownership) and a 1.1 Acre Neighborhood Public Park on a 10.5-acre site 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 Vesting Tentative Subdivision Map is requested in conjunction with a Specific Plan (SP22-0004) to establish rules and regulations for the development of the project site; 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); 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 WHEREAS, the City Council did consider said Tentative Subdivision Map and the recommendation by City staff, including but not limited to the City Engineer, the Director of Public Health, the Director of the Department of Sanitation and Flood Control, and the Chief of the San Marcos Fire Department and Fire Protection District with respect thereto; and WHEREAS, the applicant/developer proposes to file a Final Map of said subdivision.

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 Tentative Subdivision Map pursuant to the City Subdivision Ordinance (SMMC Title 19), and no waiver of any requirement of said Ordinance is intended or implied except as specifically set forth in this resolution, and subject to compliance with the conditions of approval in Exhibit A attached hereto and incorporated by reference and made a part of this Resolution as though fully set forth herein.

This Tentative Subdivision Map is recommended to the City Council for approval in conjunction with the submitted Specific Plan (SP22-0004); General Plan Amendment (GPA22-0002), Rezone (R22-0002), and two Site Development Plans (SDP22-0006) and (SDP23-00004) and all conditions of approval specified in Resolution and Ordinance No.’s PC 2023-1540, 2023-9244, 2023-1541, 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 conditions of approval in the attached Exhibit A, and the findings below are necessary to ensure that the subdivision and the improvements thereof will conform with all ordinances, plans, rules, standards, and improvements and design requirements of the City.

The Tentative Subdivision Map 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 (L-I) to Specific Plan Area (SPA) through Specific Plan (SP22-0004) 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 subdivision map and overall development of the 10.5-acre site would bring forth form-based codes within the Restaurant Row Specific Plan that all work toward creating 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. 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 creating the Restaurant Row Specific Plan and providing a (MU) development consisting of 202 multi-family residential units with required parking, private and public open space/recreation facilities such as tot lots, a dog parks, barbeque areas, and 10,400 square feet of commercial space situated along the southern and eastern project boundaries, along with a 1.1 acre neighborhood public park in an area that currently is underutilized.

The design or improvement of the proposed subdivision is consistent with the City’s adopted General Plan and the proposed Restaurant Row Specific Plan polices and standards, in that the proposed project 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 link 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 1.1-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 businesses in the area.

The site is physically suitable for this type of development, including the proposed density of development, in that the Restaurant Row Mixed Use project will provide 202 residential units along with 10,400 square feet of commercial space, and a 1.1-acre neighborhood public park would establish a residential density of 21.7 du/ac, consistent with the Mixed Use 1 (MU1) General Plan land use classification of 20.0-30.0 du/ac, a maximum floor area ratio (FAR) of 0.60 for the commercial spaces where a maximum (FAR) of 1.75 is allowed in the (MU1) land use classification, and creation of a neighborhood public park within the larger Focus Area 3 consistent with the General Plan Land Use and Community Design Elements vision.

The design of this subdivision and improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the Mitigated Negative Declaration (ND23-011) (SCH No. 2023080476) has identified, analyzed, and provides mitigation measures that when implemented will reduce project related impacts to less than significant.

The design of this subdivision and type of improvements is not likely to cause serious public health problems, in that Mitigated Negative Declaration (ND23-011) (SCH No. 2023080476) has reviewed, analyzed, and concluded that areas such air quality, noise, hazards and hazardous materials, hydrology and water quality, transportation, wildfire of CEQA Appendix “G” are less than significant or have no impacts. 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.

The design of this subdivision or the type of improvements proposed will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. There will be three (3) HOA owned and maintained parks that are publicly accessible on the project site, subject to the terms of public access easements. The parks are proposed throughout the Project site and are intended to serve the needs of both future residents and the public. In addition, an open alleyway provides vehicular access to the Restaurant Row Specific Plan as well as other commercial parcels to the north, east, and west from Via Vera Cruz to Las Posas. Public pedestrian and vehicular access are per the existing easements granted through the alley way (proposed Private Drive “G”). The alley is controlled and maintained by reciprocal access easement agreements amongst the neighboring properties, which grant the rights to travel to and through the project site. Permission is also granted to the abutting landowners and properties further to the west. Lastly, there are two parking and access easements between the RESTAURANT ROW site and the Fish House Vera Cruz, the two agreements only permit each party to use the allocated number of parking spaces on either property (Fish House Vera Cruz can use up to 36 spaces within the Restaurant Row site and Restaurant Row can use up to 54 spaces on the Fish House Vera Cruz site). However; neither agreement requires either party to reserve any number of spaces for the use of the other party nor does it guarantee that the spaces will be unoccupied at any time thereby eliminating any conflicts.

The Tentative Subdivision Map, as conditioned, will not be detrimental to the public health, morals, safety, and welfare in that adequate public facilities and infrastructure including fire, water, sewer, and drainage will be provided.

The property is not subject to a Williamson Act contract, an open space easement, a conservation easement, or an agricultural conservation easement.

The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling in the subdivision.

The City Council considered the effect of the development on the housing needs of the region and the balancing of those needs against the public service needs of residents and available fiscal and environmental resources As a common interest development, prospective buyers will be provided the required notices and reports pursuant to applicable law.

The City Council’s approval of the dedication of the 1.1-acre neighborhood public park, having received and considered the proposal to do so and based on the following findings:

That the preservation of the land as open space is consistent with the City’s adopted General Plan; and That the preservation of the land as open space is in the best interest of the city and is important to the public for the enjoyment for recreation of the State of California.

This Tentative Subdivision Map, as conditioned, is consistent with the Conservation Open Space Element of the City’s adopted General Plan.

All requirements of CEQA and the environmental protection provision of the City’s Subdivision Ordinance (SMMC Title 19) have been met in that this Tentative Subdivision Map, as conditioned, will not have a significant effect on the environment, as reviewed and analyzed in the Mitigated Negative Declaration (ND23-011) (SCH No. 2023080476) and the mitigation monitoring and reporting program, in that the (MND) 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 Tentative Subdivision Map 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.

The Tentative Subdivision Map complies with the requirements of the City’s Subdivision Ordinance and the State’s Subdivision Map Act.

The approval of this Tentative Subdivision Map shall expire within twenty-four (24) months from date of City Council approval. The Final Map, conforming to this conditionally approved Tentative Subdivision Map, shall be filed with the City Council in time so that the Council may approve said map before its expiration, unless prior to that date, the Planning Commission or City Council subsequently grants a time extension for the filing of the Final Map, as provided for in the City’s Subdivision Ordinance and the State’s Subdivision Map Act. It is the applicant/developer’s responsibility to track the expiration date. Failure to request an extension will result in a re-filing of the Tentative Subdivision Map and new processing of the map.

Within thirty (30) days of the approval of the Tentative Subdivision Map (TSM22-0003) the approved plans (i.e.: tentative subdivision map, landscape plans, etc.) shall be submitted as a digital file on a CD including this Resolution as the title page. This title page shall include the statement "I (we), ______ , the applicant/owner(s) or the applicant/owner's representative, have read, understand and agree to the conditions of Resolution No. 2023-9245.” Immediately following this statement shall appear a signature block for the owner or the owner's representative which shall be signed. Signature blocks for the Project Planner and the Project Civil Engineer shall also appear on this title page. The digital copy shall be approved by the City prior to any Final Map, grading plan, improvement plan, or building permit.

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.

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.

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 – Conditions of Approval

EXHIBIT A
RESOLUTION NO. 2023-9245
TSM22-0003
Conditions of Approval
General Provisions
All of the terms, covenants and conditions contained herein shall run with the land and be binding on and inure to the benefit of the heirs, successors, assigns, and representatives of the applicant/developer as to any and all of the property.

If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City of San Marcos (City) shall have the right to revoke or modify all approvals herein granted including issuance of building permits; deny or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel compliance with said conditions or see damages for their violation. The applicant/developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.

The applicant/developer shall be responsible for bearing the costs of all grading activities, on-site and off-site improvements, labor, design, mitigation, and other costs associated with, but not limited to, the project’s planning, engineering, construction and/or architecture for the project.

The proposed new development may be subject to the payment of development fees and in-lieu fees as required by the City’s Fee Ordinance at the time an application is submitted or prior to the issuance of permits as determined by the City.

The development must comply with the storm water regulations applicable at the time of approval of the corresponding grading permit application.

All design requirements and mitigation measures of Mitigated Negative Declaration (ND23-011 / SCH No. 2023080476) shall be implemented.

Prior to submittal of any Final Map, the applicant/developer shall comply with the following conditions:

Land Development Division
The Final Map shall show the gross and net acreage of all lots created.

The Final Map shall use the California Coordinate System for its “Basis of Bearing” and express all measured and calculated bearing values in terms of said system. The angle of grid divergence from a true meridian (theta or mapping angle) and the north point of said map shall appear on each sheet thereof. Establishment of said Basis of Bearings may be by use of existing Horizontal Control stations or astronomic observations. “Basis of Bearings” means the source of uniform orientation of all measured bearings shown on the map. Unless otherwise approved, this source will be the California Coordinate System, Zone 6, North American Datum of 1983 (NAD 83).

Planning Division
All lot sizes shall meet the minimum development standards of the Restaurant Row Specific Plan (SP22-0004).

Side yards shall have a minimum of three (3) feet of level open space between the building footprint and any slope or retaining wall in conjunction with the required building setback of the applicable Zone.

The applicant/developer shall complete annexation of the project site within the County, or portion thereof, into the City and all applicable utility, water/sewer, etc. boundary adjustments through the Local Agency Formation Commission (LAFCO), requiring recordation by the County Recorder and State Board of Equalization approval.

Prior to or concurrent with the recordation of a Final Map, the applicant/developer shall comply with the following conditions:

Land Development Division
The applicant/developer shall apply for a public improvement permit compliant with SMMC Chapter 14.16. All plans submitted for public improvements shall conform to applicable codes and engineering handouts, unless explicitly superseded by the conditions contained herein. All appropriate fees shall be paid for the processing of the permit.

The applicant/developer shall dedicate to the City easements for:

Public street, utility, and drainage for San Marcos Blvd General utility and pedestrian access easement along San Marcos Blvd Emergency access over portions of Lots 2 and 3
Public pedestrian access over portions of Lots 2 and 3
Public drainage over portions of Lots 2 and 3
Public utility over portion of Lot 3
Public vehicular access over Private Drive ‘A’
Irrevocable offer of dedication for public street and utility over Private Drive ‘G’ General Municipal Easement for public park monument sign over portion of Lot 3 if required by the City Engineer.

All other interests in real property required by these conditions and as shown on the tentative map. All property or property interests shall be granted to the City free and clear of all liens and encumbrances and without cost to the City and free of environmental hazards, hazardous materials or hazardous wastes.

Prior to the recordation of a Final Map (except maps for financing and conveyance purposes only), the applicant/developer shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City, unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the applicant/developer shall furnish a copy of the proposed easement to the Land Development Engineer for review and approval.

The existing irrevocable offer of dedication for public street, utility, and drainage purposes granted per recorded document 2015-0517766 on October 1, 2015, shall be considered for acceptance by the City Council.

Prior to Final Map approval, the developer/applicant shall include the following non-mapping notes on the Final Map:

The HOA shall maintain a minimum of ten parking spaces for visitors to the public park. A minimum of one park parking space shall include access to an Electric Vehicle (EV) Charger. Additionally, park users may occupy onsite parking spaces beyond the minimum ten spaces reserved solely for park use.

The HOA shall maintain all public access easement areas including the pedestrian walkways through Lot 3, Private drive ‘A’, the small and large dog parks, and the community gathering area.

Amenities to be accessible by the public and maintained and owned by the HOA shall be maintained at the sole cost of the HOA in perpetuity.

The HOA shall maintain the public park monument sign if required by the Public Works Director and Development Services Director.

The recorded Covenants, Conditions, and Restrictions (CC&Rs) will include terms and conditions on the above non-mapping notes.

The applicant/developer shall submit a “Primary” street name and two (2) alternate names for each Private Drive shown on the Tentative Map. The names provided shall be subject to review and approval by the City’s Street Naming Committee.

Where proposed off-site improvements, including but not limited to streets, slopes, public utility facilities and drainage facilities, are to be constructed, the applicant/developer shall obtain all necessary easements or other interests in real property and shall dedicate the same to the City as required by the City. The applicant/developer shall provide recorded documents satisfactory to the City that such easements or other interest in real property have been obtained prior to the approval of the Final Map.

If said dedication and easements are not acquired after negotiations between the private parties, the applicant/developer shall submit a written request and provide sufficient information not later than sixty (60) days prior to the filing of any Final Map for approval, in accordance with SMMC Section 19.16.110, in order for the City to initiate condemnation proceedings as necessary for offsite acquisition of property. In all cases, the applicant/developer shall be responsible for all costs incurred in acquiring offsite property.

The public park Lot 1 of the tentative map shall be granted to the City in fee title concurrent with Final Map recordation. The public park area and lot shall be provided with adequate access for maintenance from San Marcos Boulevard as shown on the tentative map.

The relinquished access rights abutting San Marcos Boulevard shall be modified on the Final Map for the relocated driveway approaches.

The Final Map shall include a statement to indicate that all streets, drainage, streetlights, street signage and striping improvements within the interior of this subdivision designated as private shall remain private and be maintained by a property-owner and/or homeowners association (HOA).

The applicant/developer shall develop Covenants, Conditions and Restrictions (CC&Rs) for the proposed project to assure the continued maintenance and operation of all open space and common areas, recreational facilities, and private improvements.

At a minimum, the CC&Rs shall describe the property manager and/or HOA maintenance responsibilities, parking restrictions, landscaping, walls, private utilities, water quality Best Management Practices (BMPs), City reporting responsibilities, and any regulatory agency permit responsibilities. The CC&Rs shall include an exhibit and/or written description depicting the HOA maintenance responsibilities.

The CC&Rs shall include terms and conditions on HOA maintenance responsibilities for the following:

The HOA shall maintain a minimum of ten parking spaces for visitors to the public park. Additionally, park –users may occupy onsite parking spaces beyond the minimum ten spaces reserved solely for park use.

The HOA shall maintain all public access easement areas including the pedestrian walkways through Lot 3, Private drive ‘A’, the small and large dog parks, and the community gathering area. Amenities to be accessible by the public and maintained and owned by the HOA shall be maintained at the sole cost of the HOA into perpetuity.

The HOA shall maintain the public park monument sign if required by the Public Works Director and Development Services Director.

The applicant/developer shall submit a draft copy of the CC&Rs for review and comment by the City. The final form of the CC&Rs shall be to the satisfaction of the City Attorney. A fully executed copy of the CC&Rs shall be provided to the City for recordation with the Final Map.

The CC&Rs shall include the provision that garages shall be utilized for the parking of vehicles, to be enforced by the HOA.

A separate property owners association or division of the HOA shall be established for the commercial condominium units. The POA/HOA division shall be responsible for the management of the commercial CC&Rs and maintenance of all common commercial property and facilities. This association or division of the HOA shall be responsible for the commercial condominium units and the maintenance. The form and structure of the commercial POA/HOA Division shall be to the satisfaction of the City Attorney.

Maintenance of private open space areas and slopes shall be the responsibility of the HOA. All remaining open space lots, improvements and slopes that the City agrees to maintain must comply with City's criteria for maintenance for the Community Facility District No. 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance).

If the project is to be phased, a phasing plan shall be submitted and approved by the City Engineer and Planning Division Director prior to approval of the Final Map. The phasing plan may be subject to further conditions. Should the applicant/developer decide to develop phases out of numerical sequence with the approved phasing as shown on the plan, all conditions required of the proceeding phases shall be completed unless otherwise approved by the City Engineer and the Planning Division Director. Other conditions may be imposed by the City Engineer and Planning Division Director to allow out-of-phase construction.

For commercial or multifamily areas that share access and/or parking within the subdivision boundary, an unsubordinated reciprocal access, maintenance and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the San Diego County Recorder. A copy of the recorded agreement shall be submitted to the City's Planning Division.

Line of sight easements, if necessary, shall be dedicated on the Final Map and delineated on all improvement and grading plans as approved by the City Engineer. Adequate sight distance for all intersections, driveways and access points shall be provided per latest edition of the California Department of Transportation (Caltrans) Highway Design manual and the American Association of State Highways and Transportation Officials (AASHTO) Geometric Design of Highways and Streets.

The applicant/developer shall enter into a Subdivision Improvement Agreement with the City to complete all required public improvements prior to permit issuance, or Final Map approval, whichever occurs first. Securities and applicable fees for the construction of the public improvements shall be submitted to and approved by the City in accordance with SMMC Sections 19.16.070 and 19.16.080.

The project boundaries have been reviewed and deemed by the City’s Floodplain administrator as falling within the FEMA special flood hazard area. No encroachment of the development shall be allowed within this area unless approved by the City’s Floodplain Administrator. The applicant/developer shall design the site to be compliant with the provisions outlined in SMMC Chapter 20.255. For designs not specified by the San Marcos Municipal Code (SMMC), applicant/developer shall seek guidance from the Department of Homeland Security Federal Emergency Management Agency's (DHS-FEMA) technical memoranda on design. The applicant/developer shall bear the full responsibility of complying with floodplain management requirements as well as the processing of any floodplain/floodway re-mapping. When the scope of grading and/or improvements extends into the special flood hazard area, the applicant/developer shall obtain approval of a Conditional Letter of Map Revision (CLOMR) from FEMA prior to issuance of a grading permit. The approximate limits of the Special Flood Hazard Area shall be shown on the final map.

The applicant/developer shall submit plans and appropriate construction notes for improvement of all streets, right of way, and drainage facilities to the City Engineer for approval. Plans shall include all off-site improvements as specified by the City Engineer including but not limited to:

A signage and striping plan shall be included with the improvement plans utilizing Caltrans’ standards and shall be acceptable to the City Engineer; San Marcos Blvd local access lane improvements along the project frontage including road widening, local access lane median, biofiltration BMPs and appurtenant storm drain system, landscaping, sidewalk, utility and storm drain structures relocation, two driveway approaches, Class II buffered bicycle facility or on-street parking, and local access lane with transition for ingress and egress as shown on the site plan. The Class II buffered bicycle facility or on-street parking alternative shall be selected at the discretion of the City Engineer.

San Marcos Boulevard center median improvements and modifications for landscaping and closure of east-bound left-turn into the westerly site driveway; Public storm drain system such as storm drain pipes, reinforced concrete box, cleanouts, inlets, and headwall; Reconfiguration of existing driveway approach and new private pedestrian walkway from Via Vera Cruz to the Public Park lot; and Public park structures, amenities, hardscape, landscape, lighting, and wet and dry utility services.

The design of all private streets and/or drainage systems for this project shall be approved by the City Engineer. The structural section of all private streets shall conform to City standards based on R-value tests. All private streets and/or drainage systems shall be inspected by the City, and the standard plan check fees and inspection fees shall be paid and appropriate bonds shall be posted with the City prior to approval of the Final Map for each Map Unit.

The exact depth of any new or improved street structural section and subgrade requirement shall be determined based on subgrade “R” value tests and the appropriate Traffic Index for the type of street as described in the City's “Urban Street Design Criteria” and “Street Excavation Ordinance”. Tests shall be taken by a qualified engineer at locations approved by the Director of Public Works.

Improvement plans shall delineate street alignments and grades including the change of any existing or proposed street alignments and grades required by the City Engineer and the City’s “Urban Street Design Criteria” in effect at the time of project approval.

The applicant/developer shall be responsible for the payment of one traffic signal license for the signal at the intersection of Via Vera Cruz and San Marcos Blvd.

For traffic signal timing modification(s), the applicant/developer shall provide a traffic signal timing plan and a review fee for said plan. Said fee shall cover 100% of the review of the design and implementation of the plan including a 25% administration fee. The applicant/developer shall provide up to date traffic counts for those intersections included within the timing plans.

A light emitting diode street lighting system shall be shown on the street improvement plans and shall be installed at locations specified by the City Engineer at no cost to the public. All installations shall be compliant with the City’s Street Lighting Standards.

The applicant/developer shall pay all applicable fees and deposit with the City a sum of money sufficient to energize, operate and maintain the public street landscaping (medians) and lighting system for a period of eighteen (18) months.

The applicant/developer shall be responsible for acquiring all associated easements required by the utility companies for such work. The permanent placement of large meter services, detector checks, fire hydrants, etc., along circulation element streets shall be placed outside of the ultimate right-of-way and if applicable, trail easement, to avoid reconstruction or modification of same.

The applicant/developer shall comply with all rules, regulations and design requirements of the respective sewer, water, utility, regional, federal or other approving agency regarding the installation, modification, development, improvement or protection of facilities within the project boundaries. It shall be the applicant/developer’s responsibility to determine all agencies with rights of approval for the proposed development. Improvement plans shall be submitted to the respective water and sewer agency for the required improvements per the project specific water and sewer study provided by said agency.

A North County Transit District (NCTD) bus shelter or bus bench shall be designed on W. San Marcos Blvd as shown on the tentative map. The improvement plans shall depict details such as the bench, bus shelter, solar lighting, and trash can. The design shall be approved by NCTD, the City Engineer, and the Planning Division Director.

The applicant/developer shall mitigate for impacts on City services related to emergency response, traffic congestion, landscaping, and infrastructure maintenance. The mitigation shall be met through the execution of applications to annex the real property of the project into the following Community Facilities Districts (CFD):

CFD 98-01: Improvement Area No. 1 (Police Only)
CFD 98-02: Lighting, Landscaping, Open Space and Preserve Maintenance including a Special Improvement Area (F-zone) CFD 2001-01: Fire and Paramedic
CFD 2011-01: Congestion Management
A Special Improvement Area shall be formed with respect to CFD 98-02 or shall annex into an existing Special Improvement Area for the ongoing maintenance services provided by the City for improvements being installed above and beyond the City standards, installed by the applicant/developer as depicted on a Special Improvement Area exhibit, to be submitted by the applicant/developer after project approval. Such improvements include, but are not limited to, storm water treatment devices, enhanced landscaping features, San Marcos Blvd multi-way median, and public park structures and amenities.

No building permit will be issued without receipt of a petition for annexation and consent and waiver executed by the property owners for each of the above-referenced CFDs for the establishment of the special taxes. In lieu of annexation, the applicant/developer may pay a fee for each CFD consentient with the pre-payment option laid out in each CFD formation document. The applicant/developer shall be responsible for compliance with all rules, regulations, policies and practices established by State Law and/or the City with respect to the CFD including, without limitation, requirements for notice and disclosure to future owners and/or residents.

The applicant/developer shall post securities to the City, in amounts approved by the City Attorney and the City Engineer or their designees, for the construction of all public and private improvements including but not limited to the following: grading and erosion control, street improvements, traffic signals, storm drain facilities, water quality BMPs, landscaping, public park improvements, and off-site street repair. Said security shall be in a form acceptable to the City and shall remain in force until completion of the project and final approval by the City. Said security shall insure the construction of the “approved” public improvements within a period to be specified in the Subdivision Improvement Agreement. For grading securities, the City may require up to 10% of said securities to be in the form of cash.

Planning Division
A Transportation Demand Management (TDM) Plan shall be submitted for review and approval by the City Engineer and Planning Division Director. Said TDM plan shall address coordination with local transit districts regarding existing and future bus routes and stops, shuttle service to rail stations and incentives for bus & rail passes. The TDM plan shall also include investigations into staggered work hours, carpools, education and financial incentives. The TDM plan shall be implemented at occupancy. The applicant/developer shall be responsible for the submission of an annual report consistent with the TDM goals and general strategies for review by the City Engineer and Planning Division Director.

Prior to issuance of any grading permit, the applicant/developer shall comply with the following conditions.

Land Development Division
The applicant/developer shall submit an application for a grading permit in accordance with SMMC Chapter 17.32 and all related Engineering Division handouts. All applicable fees and securities shall be paid prior to grading permit issuance.

Grading plans and activities shall be based on a comprehensive investigation of surface and subsurface conditions. Results of this investigation and recommendations arising therefrom shall be submitted in the form of a report written by a registered geotechnical engineer or registered engineering geologist.

The applicant/developer shall secure letters of permission from adjacent property owners for all grading and off-site work crossing property lines. In lieu of such permission, grading plans shall conform to the required grading setbacks as provided in the City’s Grading Ordinance.

Erosion control and/or sediment control details shall be submitted with/on the grading plans to the Land Development Division for review and approval. The details shall conform to City standards, codes and ordinances, and San Diego Regional Water Quality Control Board (SDRWQCB) Municipal Storm Water Permit requirements. The details shall include landscaping and temporary irrigation systems on exposed slopes to be approved by the City Engineer and Planning Division Director.

A hydrology and hydraulic report, including calculations, shall be prepared for the project to determine the existing and post-development runoff for the 100-year storm conditions. Storm drains and drainage structures shall be sized for build-out according to the approved hydrology report. All surface runoff originating within the project and all surface waters that may flow onto the project from adjacent properties shall be accommodated by the drainage system. The report shall also determine the project’s build-out runoff into existing off-site natural drainage swales and storm drain systems, and shall address any need for off-site improvements, including upsizing of existing facilities. Blocking, concentrating, lowering or diverting of natural drainage from or onto adjacent property shall not be allowed without written approval of the affected property owner(s).

The applicant/developer shall be responsible for mitigating impacts created by changes in drainage runoff course, concentration, or quantity to the satisfaction of the City Engineer for both on-site and off-site drainage. This may require the applicant/developer to provide all necessary easements and improvements to accommodate drainage and flood control structures extending beyond the boundaries of the project.

The applicant/developer shall execute a “Hold Harmless” Agreement with the City regarding drainage across adjacent property.

A Storm Water Quality Management Plan (SWQMP) shall be submitted in accordance with the most current version of the City adopted BMP design manual and meet the most current requirements of SDRWQCB.

The applicant/developer shall enter into a Storm Water Management and Discharge Control Maintenance Agreement and Easement for the maintenance of all structural post-construction storm water management improvements. The agreement and easement shall be in a form acceptable to the City Attorney.

Proof of coverage under the State of California’s General Construction Permit shall be provided to the Land Development Division. A copy of the Storm Water Pollution Prevention Plan (SWPPP) submitted with the State’s permit shall be submitted.

All construction and grading related Best Management Practices (BMPs) shall be shown in detail on the construction plans submitted to the City for review and approval.

The applicant/developer shall submit “will-serve” letters from all affected public service and utilities agencies prior to issuance of grading permit.

Planning Division
Under separate landscape permit application, the applicant/developer shall submit construction landscape plans to the Planning Division for review and approval per the following requirements:

Final landscape and irrigation plans shall be prepared by a licensed landscape architect.

Separate landscape plans shall be submitted for the on-site (private) landscape areas and the off-site (CFD) landscape areas. CFD landscape plans shall be submitted to the Land Development Division as part of the street improvement plan set. Private landscape plans shall be submitted separately to the Planning Division.

This project is subject to the payment of a landscape permit and inspection fee. The landscape permit and inspection fee shall be four and one-half percent (4.5%) of the landscape architect’s estimate for the completion of all landscaping shown on approved mylars. All submitted estimates shall be stamped and signed by the landscape architect, and estimate the cost of plant and irrigation materials only.

Landscape plans shall contain a mixture of trees, shrubs, and ground cover, and be provided with an irrigation system. The irrigation system shall include an automatic rain sensor switch, master valve, stainless steel enclosure for the backflow device, and stainless-steel controller cabinet if in public view. The irrigation system shall be designed to prevent water run-off onto the sidewalk or street. The landscape plan shall list the quantities of each plant type, including a legend indicating what each symbol represents; height and spread of trees (in accordance with City Minimum Tree Standards handout, City Council Resolution 2001-5747); and method of installation and irrigation.

The landscape plans, including plant material and irrigation design, shall comply with the City’s landscape water efficiency ordinance, SMMC Chapter 20.330, in addition to State of California water efficiency requirements.

All permanent Best Management Practices (BMPs) per the approved grading plan shall be shown on the landscape plans. Landscape plans shall be reviewed and signed by the engineer-of-work that the proposed landscape design complies with the requirements of the Storm Water Quality Management Plans (SWQMP).

The applicant/developer shall submit a fencing plan, in conjunction with the landscape plan, which proposes a consistent type and style of fences and/or walls. The fencing plan shall include decorative fencing with a detail of each proposed fence/wall type and shall not include chain link fencing. The north and west project site boundaries on the northern parcel, adjacent to the Light Industrial Zone (specifically APNs: 219-490-20-00 and 219-200-23-00) shall include a 6-foot-tall block wall with pilasters spaced no more than fifty (50) feet apart. The boundary wall can incorporate decorative elements, like metal, but all materials must offer the solidity, security, and view-obscuring qualities of a block wall.

Landscaping for the proposed project shall avoid the use of invasive plant species. Invasive plants shall be those identified on Lists A and B of the California Exotic Plant Council’s List of Exotic Plants of Greatest Ecological Concern in California, as of October 1999, and updated if applicable.

Plant material shall be fire and drought tolerant and acceptable for defensible space in fire prone areas.

The landscape permit shall require that prior to installation, the proposed plants shall be inspected and approved by the Planning Division for plant quality and compliance with minimum size requirements. The placement of plants shall be installed in accordance with the approved landscape plans. Upon completion of installation, all landscaping/irrigation shall be inspected and approved by the Planning Division. The applicant/developer shall be responsible for contacting the Planning Division for landscaping inspections.

Development of the site shall be in conformance with the Restaurant Row Specific Plan and Site Development Plans (SDP) 22-0004 and 23-0006.

All exposed retaining walls shall be constructed of earth tone colored keystone, split face, or similar textured block. The applicant/developer shall submit a material sample to the Planning Division for review and approval prior to issuance of grading permit.

If proposed for grading operations, the use of a rock crusher(s) on site shall require approval of a Conditional Use Permit (CUP) prior to issuance of grading permit.

The applicant/developer shall comply with the following conditions regarding cultural resources:

Pre-Excavation Agreement: Prior to the issuance of a Grading Permit, or ground disturbing activities, the Applicant/Owner shall enter into a Tribal Cultural Resources Treatment and Repatriation Agreement (Pre-Excavation Agreement) with a Traditionally and Culturally Affiliated Native American Tribe (TCA Tribe), identified in consultation with the City. The purpose of the Pre-Excavation Agreement shall be to formalize protocols and procedures between the Applicant/Owner and the TCA Tribe for the protection, treatment, and repatriation of Native American human remains, funerary objects, cultural and/or religious landscapes, ceremonial items, traditional gathering areas, and other tribal cultural resources. Such resources may be located within and/or discovered during ground disturbing and/or construction activities for the proposed project, including any additional culturally appropriate archaeological studies, excavations, geotechnical investigations, grading, preparation for wet and dry infrastructure, and other ground disturbing activities. Any project-specific Monitoring Plans and/or excavation plans prepared by the project archaeologist shall include the TCA Tribe requirements for protocols and protection of tribal cultural resources that were agreed to during the tribal consultation.

The landowner shall relinquish ownership of all non-burial related tribal cultural resources collected during construction monitoring and from any previous archaeological studies or excavations on the project site to the TCA Tribe for proper treatment and disposition per the Pre-Excavation Agreement, unless ordered to do otherwise by responsible agency or court of competent jurisdiction. The requirement and timing of such release of ownership, and the recipient thereof, shall be reflected in the Pre-Excavation Agreement. If the TCA Tribe does not accept the return of the cultural resources, then the cultural resources will be subject to curation. (MM-CUL-1) Construction Monitoring: Prior to the issuance of a Grading Permit or ground disturbing activities, the Applicant/Owner or Grading Contractor shall provide written documentation (either as signed letters, contracts, or emails) to the City’s Planning Division stating that a Qualified Archaeologist and Traditionally and Culturally Affiliated Native American monitor (TCA Native American monitor) have been retained at the Applicant/Owner or Grading Contractor’s expense to implement the construction monitoring program, as described in the Pre-Excavation Agreement.

The Qualified Archaeologist and TCA Native American monitor shall be invited to attend all applicable pre-construction meetings with the General Contractor and/or associated subcontractors to present the construction monitoring program. The Qualified Archaeologist and TCA Native American monitor shall be present on-site during grubbing, grading, trenching, and/or other ground disturbing activities that occur in areas of native soil or other permeable natural surfaces that have the potential to unearth any evidence of potential archaeological resources or tribal cultural resources. In areas of artificial paving, the Qualified Archaeologist and TCA Native American monitor shall be present on-site during grubbing, grading, trenching, and/or other ground disturbing activities that have the potential to disturb more than six inches below the original pre-project ground surface to identify any evidence of potential archaeological or tribal cultural resources. No monitoring of fill material, existing or imported, will be required if the General Contractor or developer can provide documentation to the satisfaction of the City that all fill materials being utilized at the site are either: 1) from existing commercial (previously permitted) sources of materials; or 2) are from private or other non-commercial sources that have been determined to be absent of tribal cultural resources by the Qualified Archaeologist and TCA Native American monitor.

The Qualified Archaeologist and TCA Native American monitor shall maintain ongoing collaborative coordination with one another during all ground disturbing activities. The requirement for the construction monitoring program shall be noted on all applicable construction documents, including demolition plans, grading plans, etc. The Applicant/Owner or Grading Contractor shall provide written notice to the Planning Division and the TCA Tribe, preferably through e-mail, of the start and end of all ground disturbing activities.

Prior to the release of any grading bonds, or prior to the issuance of any project Certificate of Occupancy, an archaeological monitoring report, which describes the results, analysis, and conclusions of the construction monitoring shall be submitted by the Qualified Archaeologist, along with any TCA Native American monitor’s notes and comments received by the Qualified Archaeologist, to the Planning Division Director for approval. Once approved, a final copy of the archaeological monitoring report shall be retained in a confidential City project file and may be released, as a formal condition of Assembly Bill (AB) 52 consultation, to San Luis Rey Band of Mission Indians, Rincon, San Pasqual or any parties involved in the project specific monitoring or consultation process. A final copy of the report, with all confidential site records and appendices, will also be submitted to the South Coastal Information Center after approval by the City. (MM-CUL-2) Unanticipated Discovery Procedures: Both the Qualified Archaeologist and the TCA Native American monitor may temporarily halt or divert ground disturbing activities if potential archaeological resources or tribal cultural resources are discovered during construction activities. Ground disturbing activities shall be temporarily directed away from the area of discovery for a reasonable amount of time to allow a determination of the resource’s potential significance. Isolates and clearly non-significant archaeological resources (as determined by the Qualified Archaeologist, in consultation with the TCA Native American monitor) will be minimally documented in the field. All unearthed archaeological resources or tribal cultural resources will be collected, temporarily stored in a secure location (or as otherwise agreed upon by the Qualified Archaeologist and the TCA Tribe) and repatriated according to the terms of the Pre-Excavation Agreement, unless ordered to do otherwise by responsible agency or court of competent jurisdiction.

If a determination is made that the archaeological resources or tribal cultural resources are considered potentially significant by the Qualified Archaeologist, the TCA Tribe, and the TCA Native American monitor, then the City and the TCA Tribe shall determine, in consultation with the Applicant/Owner and the Qualified Archaeologist, the culturally appropriate treatment of those resources.

If the Qualified Archaeologist, the TCA Tribe, and the TCA Native American monitor cannot agree on the significance or mitigation for such resources, these issues will be presented to the Planning Division Director for decision. The Planning Division Director shall make a determination based upon the provisions of CEQA and California Public Resources Code Section 21083.2(b) with respect to archaeological resources and California Public Resources Section 21704 and 21084.3 with respect to tribal cultural resources, and shall take into account the religious beliefs, cultural beliefs, customs, and practices of the TCA Tribe.

All sacred sites, significant tribal cultural resources, and/or unique archaeological resources encountered within the project area shall be avoided and preserved as the preferred mitigation. If avoidance of the resource is determined to be infeasible by the City as the Lead Agency, then the City shall require additional culturally appropriate mitigation to address the negative impact to the resource, such as, but not limited to, the funding of an ethnographic study and/or a data recovery plan, as determined by the City in consultation with the Qualified Archaeologist and the TCA Tribe. The TCA Tribe shall be notified and consulted regarding the determination and implementation of culturally appropriate mitigation and the drafting and finalization of any ethnographic study and/or data recovery plan, and/or other culturally appropriate mitigation. Any archaeological isolates or other cultural materials that cannot be avoided or preserved in place as the preferred mitigation shall be temporarily stored in a secure location on site (or as otherwise agreed upon by the Qualified Archaeologist and TCA Tribe), and repatriated according to the terms of the Pre-Excavation Agreement, unless ordered to do otherwise by responsible agency or court of competent jurisdiction. The removal of any artifacts from the project site will be inventoried with oversight by the TCA Native American monitor.

If a data recovery plan is authorized as indicated above and the TCA Tribe does not object, then an adequate artifact sample to address research avenues previously identified for sites in the area will be collected using professional archaeological collection methods. If the Qualified Archaeologist collects such resources, the TCA Native American monitor must be present during any testing or cataloging of those resources. Moreover, if the Qualified Archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the TCA Native American monitor may, at their discretion, collect said resources for later reburial or storage at a local curation facility, as described in the Pre-Excavation Agreement.

In the event that curation of archaeological resources or tribal cultural resources is required by a superseding regulatory agency, curation shall be conducted by an approved local facility within San Diego County and the curation shall be guided by California State Historical Resources Commission’s Guidelines for the Curation of Archaeological Collections. The City shall provide the Applicant/Owner final curation language and guidance on the project grading plans prior to issuance of the grading permit, if applicable, during project construction. The Applicant/Owner shall be responsible for all repatriation and curation costs and provide to the City written documentation from the TCA Tribe or the curation facility, whichever is most applicable, that the repatriation and/or curation have been completed. (MM-CUL-3) Human Remains: As specified by California Health and Safety Code Section 7050.5, if human remains, or remains that are potentially human, are found on the project site during ground disturbing activities or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Medical Examiner’s Office by telephone. No further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains (as determined by the Qualified Archaeologist and/or the TCA Native American monitor) shall occur until the Medical Examiner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98.

If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected (as determined by the Qualified Archaeologist and/or the TCA Native American monitor), and consultation and treatment could occur as prescribed by law. As further defined by State law, the Medical Examiner will determine within two working days of being notified if the remains are subject to his or her authority. If the Medical Examiner recognizes the remains to be Native American, and not under his or her jurisdiction, then he or she shall contact the Native American Heritage Commission by telephone within 24 hours. The Native American Heritage Commission will make a determination as to the Most Likely Descendent, who shall be afforded 48 hours from the time access is granted to the discovery site to make recommendations regarding culturally appropriate treatment.

If suspected Native American remains are discovered, the remains shall be kept in situ (in place) until after the Medical Examiner makes its determination and notifications, and until after the Most Likely Descendent is identified, at which time the archaeological examination of the remains shall only occur on site in the presence of the Most Likely Descendent. The specific locations of Native American burials and reburials will be proprietary and not disclosed to the general public. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). In the event that the Applicant/Owner and the Most Likely Descendant are in disagreement regarding the disposition of the remains, State law will apply, and the mediation process will occur with the NAHC. In the event that mediation is not successful, the landowner shall rebury the remains at a location free from future disturbance (see Public Resources Code Section 5097.98(e) and 5097.94(k)). (MM-CUL-4) Prior to grading the site or causing any impact to the site, grading and/or construction activities on site must be avoided during the nesting season which extends from January 15th to September 15th to prevent potential impacts to nesting of any migratory, songbirds, or raptors. In order to begin grading or construction activities within the nesting season, a nesting survey from a qualified biologist or other expert in the field must be submitted to the Planning Division to verify there are no active nests on the subject site. This survey must be submitted prior to any disturbance or impact of the site. If any active nests are detected, the area shall be flagged and mapped on the construction plans along with a minimum of a twenty-five (25) foot buffer and up to a maximum buffer of 300 feet for raptors, or as determined by the project biologist, and shall be avoided until the nesting cycle is complete. (MM-BIO-1) The applicant/developer shall enter into a regulatory agreement and Owner Participation Agreement (OPA), approved by the City Manager, for the affordable housing units. The agreement shall include, but is not limited to, term of restriction, monitoring requirements, occupancy and income restrictions, management control, and Conditions, Covenants, and Restrictions considered by the City to ensure compliance with the City’s Housing Element of the General Plan.

Building Division
If the project is to be phased, the applicant/developer shall submit a phasing plan to the Building Division for review and approval. Said phasing plan shall graphically depict the order in which the buildings (including models) will be occupied and depict which public and private infrastructure and amenities will be completed prior to each building occupancy. Once approved, any deviations from the phasing plan must be reviewed and approved by the Building Division, Planning Division, Land Development Division, Fire Department and the Public Works Construction Inspection Division.

The project is subject to the approval of the applicable water/sewer district(s) for water and sewer services and all applicable fees and charges shall be paid to the satisfaction of the water/sewer district(s) prior to issuance of grading or building permit.

The applicant/developer shall obtain a demolition permit from the Building Division prior to demolition of the existing structures on site.

Fire Department
Fire apparatus access roads shall have an unobstructed improved width of not less than 24 feet (curb line to curb line), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Access roads shall be all weather surface and designed to support imposed loads of not less than 75,000 pounds in accordance with California Fire Code (CFC) Section 503.2.1, SMMC Section 17.64.120. For single-family residential driveways serving no more than one single-family dwelling, access roads shall have minimum width of 16 feet (curb line to curb line).

All roads in the project shall have adequate turn radius to accommodate all Fire Department apparatus including frontline and reserve fire engines and frontline and reserve trucks (engine and tiller ladder trucks). The required inside turn radius shall be 28 feet for engine and tiller ladder truck unless as shown on the tentative map for a 15 feet turn radius. No curb deflection or other features shall interfere with fire apparatus ability to navigate any street. The Land Development Division shall maintain the proper templates for turn radius of all Fire Department apparatus.

All dead-end fire apparatus access roadways in excess of 150 feet in length shall be provided with an approved area for turning around of all San Marcos Fire apparatus. A hammerhead turn-around or cul-de-sac will be required by the Fire Department.

Prior to issuance of any building permit, the applicant/developer shall comply with the following conditions:

Land Development Division
The Final Map shall be recorded prior to building permit issuance.

The approved precise grading plans shall be attached to the building plans.

Prior to submittal of any building plans, the grading and public improvement plan sets shall be submitted for the second plan check and deemed substantially complete by the Land Development Engineer. Prior to issuance of any building permits, the public improvement plans shall be approved by the City Engineer and appropriate securities accepted.

Construction of public improvements including the public park site and San Marcos Blvd multi-way improvements required at the time of subdivision and/or development shall commence prior to the issuance of the first production building permit to the satisfaction of the City Engineer, excluding retaining wall permits and model units.

All grading shall be observed by a licensed geotechnical engineer, who shall prepare a written report to the satisfaction of the City Engineer certifying that the work has been performed in compliance with the recommendations contained within the geotechnical report and on the approved project plans. If not so done, the report shall describe the actual work performed and any deficiencies observed. The final report shall specifically detail conditions and remedial work performed that was not specifically identified in the initial report of subsurface conditions.

A certification of line and grade for the building pad, signed and stamped by the engineer of work, shall be provided to the Public Works Inspector. The certification shall be in a form acceptable to the City Engineer.

The base lift of asphalt on all roads serving the area under construction shall be completed. All proposed fire hydrants shall be operational prior to the delivery of combustible materials to the project site.

The applicant/developer shall file and obtain FEMA approval of the Letter of Map Revision (LOMR), unless the City’s Floodplain Administrator deems it consistent with City Code and FEMA requirements to issue one or more building permits after City concurrence, but before FEMA approval of the required LOMR. Provide all supporting documentation provided to Department of Homeland Security (DHS)-FEMA to the City's Floodplain Administrator.

Planning Division
All exterior lighting shall comply with City standards for high energy-efficient fixtures, except for low-wattage architectural lighting. All exterior fixtures shall be approved by the City.

All exterior lighting shall use cut-off fixtures and shielded in order to direct the illumination downward and reduce the visibility of any glare.

Architectural lighting plan shall be included with the building plans that show the type, style, and location of all exterior building and parking lot lights. Plans shall include photo of fixture and manufacturer specifications indicating dimensions, materials, colors, bulb type, etc.

Residential structures shall comply with the California Building Code regarding interior noise levels for residential dwelling units.

All tot lot recreational amenities and playground equipment shall comply with all C.P.S.C. and A.D.A. accessibility standards. Plans shall include a detail of each play area with the proposed equipment and specifications of said equipment. Final design shall be approved by the Parks and Recreation Director and Planning Division Director.

The applicant/developer shall submit a comprehensive sign program to the Planning Division for review and approval. Following review and approval of the comprehensive sign program, all proposed signage requires approval of a separate sign permit.

All rooftop mechanical units, vents, ducts, etc. shall be screened by parapet walls or other architectural features from street grade view and adjacent properties as approved by the Planning Division Director. A roof plan and cross sections showing lines of sight shall be submitted with construction drawings illustrating that roof equipment will be screened. The screening plan shall be approved by the Planning Division prior to issuance of a building permit.

Rain gutter downspouts shall be internal or architecturally screened from view where feasible as determined by the Planning Division.

Gas meters shall be architecturally screened from view by low screening walls. Wall materials shall be architecturally compatible with the building(s). Screening plan shall be approved by the Planning Division prior to issuance of building permit.

The trash enclosure (minimum dimensions of fourteen (14) feet wide by ten (10) feet deep by six (6) feet high) for trash and recycling containers shall be constructed to match the main buildings in color and texture. In addition, the enclosure shall have solid view-obscuring, double swinging gates; must have a flat impervious, concrete slab designed not to allow run-on from adjoining areas; contain attached lids on all trash and recycling containers; and a roof to minimize direct precipitation. Trash enclosures shall be architecturally compatible with the proposed buildings.

A Transportation Demand Management (TDM) Plan shall be submitted for review and approval by the City Engineer and Planning Division Director. Said TDM plan shall address coordination with local transit districts regarding existing and future bus routes and stops, shuttle service to rail stations and incentives for bus & rail passes. The TDM plan shall also include investigations into staggered work hours, carpools, education and financial incentives. The TDM plan shall be implemented at occupancy. The applicant/developer will be responsible for the submission of an annual report consistent with the TDM goals and general strategies for review by the City Engineer and Planning Division Director.

The applicant/developer shall submit a parking management plan to the Planning Division for review and approval.

The applicant/developer shall submit an outdoor furniture manual with photographs and specifications of benches, picnic tables, barbeques, trash receptacles, etc. The manual shall include a site plan showing the locations of the outdoor furniture. The applicant/developer shall be responsible for the installation of outdoor furniture.

Style of chairs, tables, umbrellas, trash receptacles, and space heaters shall compliment the architectural style of the building and shall be reviewed and approved by the Planning Division Director. The applicant shall submit specification sheets and photos for review and approval.

Building Division
New buildings and remodeled structures shall be designed to conform to the latest design standards adopted by the State of California in the California Building Code (CBC), Part 2, Title 24, California Code of Regulations.

Building plans and instruments of service submitted with a building permit application shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.

The City is located in Seismic Design Category “D”. Buildings and structures shall be designed to adequately transmit the dynamic lateral forces in accordance with the requirements of the latest adopted California Building Code.

The proposed development shall comply with the latest adopted California Green Building Code Standards. The City has adopted the mandatory standards and does not enforce the voluntary standards.

Residential structures shall be designed to comply with the crime prevention measures approved by the City, including such items as: reinforced door jambs; one-piece door stops; 16-gauge strike plate for deadbolts; locking hardware for garage doors; two locking devices for wide garage doors; 1-3/4 inch solid exterior doors; laminated safety glass; wide-angle peep hole for exterior doors; no louvered windows; and address numbers easily visible from the street.

The handling, storage, use and disposal of hazardous, toxic or flammable materials shall be clearly indicated on all floor plans submitted for a building permit and shall be in compliance with any and all Federal, State, County and City rules, regulations, and requirements for hazardous waste control, including but not limited to the Hazardous Waste Control Act of 1973 (HWCA) (Health & S C §25100 et seq.), 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 hereof with the same force and effect as though fully set forth herein.

The project shall comply with the latest Federal Law, Americans with Disabilities Act, and State Law, California Code of Regulations, Title 24, for accessibility standards.

Health and Safety Code Section 17959.6 requires developers of new residential housing developments to provide buyers with a list of specified universal accessibility features that would make specific areas of the home accessible to persons with disabilities. The applicant/developer shall indicate which features are standard, limited, optional, or not available, and the point of construction by which they must be requested.

The applicant/developer shall comply with the City’s Inclusionary Housing Ordinance that is in effect at the time of building permit issuance.

The applicant/developer shall pay Public Facilities Fees as established by the latest adopted Public Facilities Fee, based on the proposed land use, and shall be paid prior to the issuance of the first permit for the development.

The project is subject to the payment of school fees as required by law. The applicant/developer shall submit a Certificate of Compliance from the school district prior to the issuance of the first building permit from the City.

Roof drain systems shall be designed for 3-inches of rainwater per hour. Rain gutters, down drains and other devices shall be installed to prevent erosion at the point of discharge and shall discharge to landscaped areas when feasible. Interceptor drains, yard drains and drainage devices shall be installed to mitigate erosion and create positive drainage away from foundations. Roof drainage shall comply with the City’s storm water management measures.

The applicant/developer shall contact the Delivery Retail Analyst for the branch of the U.S. Postal Service to determine the type and location of centralized delivery equipment required.

A phasing plan shall be submitted to the Development Services Department for review and approval prior to the issuance of any building permits for projects with phased construction. The phasing plan shall identify the extent of on-site and off-site improvements and the location of all buildings in each phase. Occupancies shall not be approved until the City and other agencies have accepted the improvements in compliance with these conditions of approval.

Sewer and water utilities shall be located wholly on the lot that serves the building in accordance with the latest adopted edition of the California Plumbing Code.

The outer boundary of schools (grades K through 12) as listed in the current California Private School Directory shall comply with Education Code Section 33190 relating to the location of a school facility within 1,000 feet of businesses that are regulated for the storage, use and handling of hazardous materials as defined by the California Health and Safety Code.

Fire Department
Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates. The applicant/developer shall provide a copy of building plans in Geo-Referenced format to be used by the Fire Department for pre-fire planning purposes. Developer shall contact San Marcos GIS ([email protected]) to begin the process of creating a Fire Preplan. At 50% of the construction completion process and/or the Fire Sprinkler Hydro Test, the developer shall submit a preliminary GIS preplan to show progress. Note: Minor changes to plans made during construction can be corrected at the time of Fire inspection.

The project shall include an automatic fire extinguishing system in accordance with the latest adopted California Building Code, California Residential Code and/or San Marcos Fire Code Ordinance. Fire suppression systems shall conform to the standards adopted by the National Fire Protection Association and the San Marcos Fire Marshal.

The applicant/developer shall provide a Construction Staging/Site Phasing Plan for approval prior to permit issuance.

Access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building unless as noted on the tentative map.

A lighted directory map, meeting current Fire Department standards, shall be installed at each driveway entrance to new multiple unit residential projects.

Any future access gate(s) shall be equipped with a Knox Key switch with cover and all drive gates shall be equipped with approved emergency traffic strobe sensor(s), which opens the gate on approach of emergency vehicles. Access gate shall be a minimum of twenty-four (24) feet wide as determined by the City Fire Marshal.

During the grading and construction phase, the applicant/developer shall comply with the following conditions:

Engineering Inspection Division
Prior to any construction activities, a pre-construction meeting shall be held with the Engineering Inspection Division. The applicant/developer shall provide the inspector with a detailed construction schedule which depicts when building occupancy or occupancies will occur and when key public and private infrastructure improvements will be completed. Schedule updates shall be provided to the Building and Engineering Inspectors at a minimum monthly basis throughout the life of the project.

Grading, excavation or other related earth moving operations, including warm-up and maintenance activities, shall be limited to the hours of 7:00 a.m. to 4:30 p.m., Monday through Friday per SMMC Chapter 17.32.180. No work shall be allowed on Saturdays, Sundays and holidays.

During construction activities, the applicant/developer shall maintain public and private driveway and/or road access to neighboring properties at all times unless previous arrangements have been made with the private parties affected. Copies of said agreements shall be provided to the City Engineer.

The applicant/developer shall submit a traffic control plan to the Engineering Inspector for all phases of construction for approval by the City Engineer. Said plan shall include all traffic control devices including traffic signals as required.

Construction haul routes must be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible.

At the discretion of the Engineering Inspector, the applicant/developer shall document the pre-construction condition of existing roads or offsite properties which may be impacted by construction activities. The applicant/developer shall be responsible in repairing any construction related damages prior to occupancy.

A Right-of-Way permit shall be required prior to commencement of any work within the City right-of-way.

The applicant/developer shall implement and maintain storm water pollution prevention measures as required on the approved plans. Violations of the City’s Storm Water Management Ordinance (SMMC Chapter 14.15) will result in Stop Work Orders, Notices of Violations and/or citations with fines. Work on the project may be delayed until the City determines that compliance with storm water requirements has been achieved.

For San Marcos Blvd, any right-of-way work that impacts the existing travel lanes must be conducted at night between 8PM to 4:30AM per City Council Resolution 2002-5865.

Planning Division
To comply with the terms of existing parking agreements and easements, a minimum of 36 parking spaces (or an alternative quantity of parking as demonstrated to be in compliance with the private parking agreements and easements) shall be maintained on the project site for public use. The location of these parking spaces may change during construction but the spaces shall meet City standards for minimum space size and driveway width (SMMC Chp. 20.340). The phasing plan shall depict the location and quantity of the required parking spaces throughout the various construction phases of the project.

All construction parking shall be on the project site unless agreements with other property owners in the vicinity of the site allow offsite construction parking. Copies of said agreements for the use of offsite construction vehicle parking shall be submitted to the City. Applicant/Developer shall take corrective action if constriction parking occurs offsite, including addressing any complaints received by the City related to offsite construction parking.

At least one copy of the approved plans, approval letters and conditions of approval shall be available for review at the job site at all times.

Landscaping of slopes, in accordance with the approved landscape plans, shall commence at time of completion of grading activities.

The project shall comply with Regional Air Quality Standards.

A test sample of the proposed exterior colors shall be applied to a mock-up with an area large enough to be representative of the finished color scheme and exposed to direct sunlight. This sample shall be inspected and approved by the Planning Division prior to painting the buildings. If determined necessary upon inspection, the color scheme may be required to be modified at the discretion of the Planning Division Director. The applicant/developer shall be responsible for contacting the Planning Division for inspection.

Building Division
The applicant/developer shall obtain the required OSHA permits for blasting, construction, demolition, excavation, grading operations, rock drilling and the construction of buildings over 3 stories in height in accordance with the California Code of Regulations, Title 8, Section 1503.

Water wells shall be reconstructed or abated in strict compliance with SMMC Sections 8.44.130 through 8.44.170 and the latest adopted State Water Code and Health and Safety Code Section 24400. Water well permits are issued by County of San Diego Environment Health Department.

Dust and dust producing materials shall be controlled within the maximum acceptable concentrations for silica and silicates in accordance with the California Code of Regulations, Title 8, Section 5155. Water and dust palliative shall be used to prevent excessive dust during blasting, construction and grading operations. The project is required to comply with the Air Pollution Control District’s standards for mitigating fugitive dust during all phases of construction.

The demolition of buildings shall not commence until the proper testing of asbestos, lead paint and hazardous materials has been performed and the abatement of the hazardous materials has been completed. The recycling of materials shall comply with state law and all utilities shall be disconnected and safely abandoned.

All construction operations authorized by building permits, including the delivery, setup and use of equipment must be conducted on premises during the hours of 7:00 AM and 6:00 PM on Monday through Friday, and on Saturday between 8:00 AM and 5:00 PM. No work shall be conducted on Sundays or Holidays observed by the City. Failure to comply will result in the issuance of STOP WORK NOTICES, REVOCATION OF PERMITS and the issuance of citations and fines as appropriate. Citation for hours of work violations requires a mandatory court appearance in North County Superior Court.

During construction the applicant/developer shall implement and maintain the storm water pollution prevention measures as required on the approved plans. Violations of the City’s Storm Water Management Ordinance will result in Stop Work Orders, Notices of Violation and citations with fines. Work on the project may be delayed until the City determines that the project is in compliance with the storm water requirements.

Fire Department
A legible site address shall be posted at the entrance to the project site. The address shall be visible from the right-of-way in any approach to the project.

Prior to the delivery of combustible building construction materials to the project site, the following conditions shall be completed to satisfaction of the Fire Department: 1) fire hydrants(s) shall be installed, approved, and usable, and 2) fire lane or access roads shall be in place and provide a permanent all-weather surface for emergency vehicles that support weight of fire apparatus (75,000 lbs.).

Prior to the occupancy of any structure, the applicant/developer shall comply with the following conditions:

Land Development Division
Prior to the issuance of the 43rd occupancy (units in Buildings G, I, K, L, M and N as shown on the site plan), or 1st issuance of occupancy in Building C, whichever occurs first, all public improvements (including the installation of landscaping) related to the local access lane improvements in San Marcos Blvd shall be completed to the satisfaction of the City Engineer. Units with temporary certificates of occupancy being used as “sales models” are not included in the 43rd occupancy count.

Prior to the issuance of the 110th occupancy, the public park improvements, including landscaping, shall be substantially complete to the satisfaction of the City Engineer, Public Works Director, and Parks and Recreation Director. Units with temporary certificates of occupancy being used as “sales models” are not included in the 110th occupancy count. The following park improvements may be deferred beyond the 110th occupancy:

Pickleball net and fencing;
Trellis; and
Turf, landscaping, and mulch.

An elevation certificate shall be provided to the City which certifies that the low water entry to the building/s is above the 100-year floodplain elevation and that the building has been built in compliance with the City’s Flood Management Overlay Zone requirements as defined in SMMC Chapter 20.255.

All applicable easements and agreements shall be recorded prior to occupancy if not required sooner by these conditions.

The City shall have on file a copy of the FEMA-approved LOMR.

Prior to the issuance of any certificates of use and occupancy, the applicant/developer shall provide evidence to the Building Official, that the Department of Real Estate has been notified that the project area is within the boundaries of a Community Facilities District (CFD) and will be subject to special taxes for public facilities and/or services.

Redline As-Built drawings shall be submitted to the Engineering Division for review and approved prior to occupancy. Record drawing mylar plans shall be submitted and approved prior to the release of any project securities.

Any existing broken pavement, concrete curb, gutter or sidewalk or any other facilities damaged during construction of the project, shall be repaired or replaced as directed by the Engineering Inspector.

Water and sewer improvements in accordance with the project water/sewer study shall be constructed for the project as determined necessary by the applicable water/sewer district(s).

The applicant/developer shall maintain and secure (for security purposes during the night) the public park site until such time the City accepts the construction of the park improvements.

Planning Division
Landscape maintenance for publicly granted park shall be accomplished by the applicant/developer or HOA for a minimum period of two (2) years, which may be extended by the Public Works Inspector, subject to the specific criteria established upon approval of construction documents, and upon a final inspection confirming all criteria have been met. Prior to acceptance by the City, the applicant/developer shall be required to submit a detailed irrigation and maintenance schedule and a detailed estimate of the anticipated annual costs for maintenance and utilities. The purpose of this provision is to ensure that landscaping is well established and thriving prior to the City accepting maintenance responsibilities. As a condition to begin this period, the applicant/developer shall provide the City with a signed copy of the maintenance contract to cover the two-year requirement and also provide the City with a Maintenance Bond to cover 150% of the maintenance contract amount.

The applicant/developer shall submit a Certificate of Completion by the landscape architect and engineer-of-work to the Planning Division certifying that the plant materials and irrigation system have been installed in accordance with the approved landscape plans and the Water Quality Technical Report, respectively. All w Prior to the issuance of the 41st occupancy (units in Building G, I, K, L, M, and N as shown on the site plan), or 1st issuance of occupancy in Building C, whichever occurs first, private HOA Parks identified in the Restaurant Row Specific Plan as Site Gathering Area and Park Connector shall be complete and have passed inspection by the City. Units with temporary certificates of occupancy being used as “sales models” are not included in the 41st occupancy count.

Prior to the issuance of the 179th occupancy, all private HOA parks including the large and small dog parks, Community Gathering Area, central east-west and north-south paseos and associates paseo nodes, including landscaping, shall be complete and have passed inspection by the City.

The applicant/developer acknowledges that the maintenance of the public open space, parks, trails and etc. may expose the City to liability and agrees to hold the City harmless from any actions in the maintenance of such areas or shall establish a HOA which will hold the City harmless from any actions in the maintenance of such areas.

The applicant/developer shall have completed the installation of the playground equipment and outdoor furniture in accordance with the manufacturer’s standards. The applicant/developer shall submit for each phase a letter by the installation contractor indicating that the playground equipment has been installed per the manufacturer’s specifications.

The applicant/developer shall disclose to future owners/tenants of the project that the property is located within the Airport Influence Area of McClellen-Palomar Airport and may be subject to some of the annoyances or inconveniences, if any, associated with proximity to airport operations (i.e.: noise, vibration, or odors). Disclosure shall be recorded with the County Recorder’s Office prior to building occupancy.

The applicant/Developer shall provide disclose to future owners/tenants that units are adjacent to industrial and commercial properties and may be subject to some of the annoyances or inconveniences, if any, associated with those nonresidential uses (i.e.: noise, vibration, odors, nighttime or early morning activity such as deliveries, trash removal, outdoor storage, etc.). Disclosure shall be recorded with the County Recorder’s Office prior to building occupancy.

The applicant/developer shall disclose to future owners/tenants of the project that the property is located adjacent to a public park and may be subject to some of the annoyances or inconveniences, if any, associated with proximity to a public park (i.e.: noise specifically related to amplified sound, skatepark, pickleball courts, playground, dogs barking, etc.; odors; park maintenance activity; nighttime use; lights; application of pesticides or herbicides; traffic; etc.). Disclosure shall be recorded with the County Recorder’s Office prior to building occupancy.

Electrical Vehicle (EV) charging equipment, a minimum of Level 2, shall be installed and operational in residential garages and in open parking spaces in the quantities specified by the California Building Code for the quantity of parking available for use.

Prior to the release of the first occupancy for any commercial shell or tenant space, a photovoltaic (PV) system shall be installed and operational, sized to provide a minimum of 620 kW of electricity to the commercial space.

Building Division
The applicant/developer shall obtain approval from all City departments and other agencies before requesting a Certificate of Occupancy from the Building Official. For phased developments, the conditions of approval shall be satisfied prior to requesting the first occupancy in the phase.

Fire Department
Building addresses shall be clearly labeled for day and night-time emergency responses. In addition, adequate lighting shall be provided to deter potential criminal activities (i.e.: vehicle burglaries, prowlers, loitering, etc.).

The applicant/developer shall comply with the Fire Department for hydrants and on-site access for emergency vehicles.

The project shall include “NO PARKING FIRE LANE” signs. The number of placement and wording for all fire lane signs and/or red curbs shall be as required by California Vehicle Code Sections 22500.l and 22658(a) and San Marcos Fire Department Standards.

Rooms containing controls for HVAC systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for Fire Department use. Signs shall be constructed of durable materials, permanently installed and readily visible. For additional specifications on this requirement, reference San Marcos Fire Department Standard No. 1403, available on the City’s website (http://www.san-marcos.net).

Resolution No. 2023-9245
TSM22-0003
December 12, 2023

Page 6 of 37 ends

San Marcos City CouncilDecember 12, 2023

San Marcos City Council
December 12, 2023