RESOLUTION NO. 2023-9247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A SITE DEVELOPMENT PLAN FOR A 1.1-ACRE NEIGHBORHOOD PUBLIC PARK AS PART OF A PRIVATE MIXED-USE DEVELOPMENT CONSISTING OF 202 MULTI-FAMILY RESIDENTIAL UNITS AND 10,400 SQUARE FEET OF COMMERCIAL SPACE WITHIN THE RESTAURANT ROW SPECIFIC PLAN AREA (SPA) ZONE SDP23-0004
Lennar Homes of California, Inc. / City of San Marcos
WHEREAS, on July 14, 2022, the City received an application from Lennar Homes of California Inc., requesting a Site Development Plan for a 1.1-acre neighborhood public park as part of a larger private mixed-use development consisting of 202 Multi-Family Residential Units and 10,400 square feet of Commercial Space 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 Site Development Plan 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); a Vesting Tentative Subdivision Map (TSM22-0003) to create three lots with up to 202 residential and 30 commercial condominium units; Site Development Plan (SDP22-0006) for the private mixed-use development consisting of 202 multi-family residential units and 10,400 square-feet of commercial space; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on December 1, 2022, a public workshop was conducted to provide an informational overview of the proposed project and collected feedback from the general public on the demand for specific recreation amenities in the park; and WHEREAS, on January 25, 2023, the City held a second public workshop to provide an informational overview of the proposed public park design and allow the general public to engage the design process through a design charette with the applicant and City staff; and WHEREAS, on June 29, 2023, the City held a third public workshop to provide an updated informational overview of the proposed project to the general public; and WHEREAS, on November 6, 2023, the San Marcos Planning Commission held a duly-noticed public hearing, and a motion to recommend to City Council approval of said request together with the associated environmental document failed by a 1-6 vote, against; and WHEREAS, the applicant has made material modifications to the project design to address the Planning Commission’s concerns related to parking by adding 17 new onsite parking spaces, additional on-street parking spaces, and the applicant has actively engaged in advanced discussions with the owners of adjacent properties and businesses to further address these concerns; and WHEREAS, on December 12, 2023, the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and WHEREAS, the City Council did review and consider a Mitigated Negative Declaration (ND23-011) (SCH No. 2023080476) for said request pursuant to the California Environmental Quality Act (CEQA); and NOW, THEREFORE, the City Council does hereby resolve as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
The City Council hereby approves this Site Development Plan per the submitted plans date stamped November 30, 2023, for a 1.1-acre Neighborhood Public Park as part of the Restaurant Row Mixed-Use Plan for 202 Multi-Family Residential Units and 10,400 square feet of Commercial Space over the 10.5 acre project site except as modified herein, 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 Site Development Plan 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), (TSM22-0003), and Site Development Plan (SDP22-00006) and all conditions of approval specified in Resolution and Ordinance No.’s 2023-1540, 2023-9244, 2023-1541, 2023-9245, and 2023-9246, 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 Site Development Plan conforms with the General Plan, the Restaurant Row Specific Plan, and all provisions of the San Marcos Municipal Code (SMMC) in that the project the to change the land use designation and zoning designations of the property from Mixed-Use 1 (MU-1) and Light Industrial (L-I) to Specific Plan Area (SPA) and creation of the Restaurant Row Specific Plan within “San Marcos Focus Area 3” of the Land Use Plan focuses Mixed Use (MU) west of Via Vera Cruz. The 1.1-acre Neighborhood Public Park will be established in a strategic manner within the Urban Core Focus Area which forms a triangle in a central portion of the City and will provide a public park within the project and larger Focus Area 3 consistent with the General Plan Land Use and Community Design Element and that will complement and enhance the customer base opportunities for the commercial uses in the area.
As feasible, the Site Development Plan preserves mature trees and will not unnecessarily remove trees and natural vegetation, in that the 1.1-acre neighborhood public park portion of the larger 10.5-acre project site is the re-development of fully developed and underutilized commercial center that is mainly encumbered with surface parking and drive aisles along the perimeter of the site. Consistent with Restaurant Row Specific Plan Policy 1.1 to construct a neighborhood public park on-site that will offer recreation options to serve the needs of the larger community beyond the project site. A public park along the northern side of the Specific Plan area will anchor the site and provide respite for both residents and visitors alike. Its amenities will include 4 pickleball courts, a large tot-lot playground intended for children ages 2-12, a central open space lawn, a multipurpose platform, a restroom, and an all-wheel flow course plaza. The overall 10.5-acre site contains minimal landscaping throughout the site and consists primarily of palm’s and planter areas within the surface parking lots. As noted in the Specific Plan some of the existing specimen vegetation may be repurposed from the original site reminiscent of the Old California Restaurant Row.
The Site Development Plan will preserve natural landforms and ridgelines, does not include excessive or unsightly grading of hillsides, and otherwise will not adversely affect the natural setting, in that the project exists in a heavenly urbanized area not containing any natural landforms, ridgelines, or hillsides, and otherwise will not adversely affect any natural setting and will actually bring forth a new 1.1-acre neighborhood public park to the area and creating an open green space with recreational amenities.
The Site Development Plan provides adequate buffering between residential and non-residential uses, and otherwise is in the best interests of the public health, safety, and general welfare, in that the project will create a walkable neighborhood and a new attractive community space that establishes a strong sense of place and that provides additional recreational facilities to the residents and visitors to the City of San Marcos. Further, development of the park consistent with the project noise study dated July 2023 demonstrates compliance with the City’s Noise Ordinance.
The recreational structures, Site Development Plan, and landscaping are in scale and harmonious with existing and future development and with the landforms and vegetation adjacent to and in the vicinity of the site in that the overall park design and amenities have been developed from input derived from public workshops and surveys of what the public desires to see within the park. Overall site design incorporates landscaped paseos that lead to the park at the northeast corner of the development and that create easily accessible walkable spaces intended to preserve and enhance pedestrian connectivity to adjacent properties and commercial nodes. In addition, landscaped areas include open areas adjacent to roads and, where space is available, street trees offering additional shade and buffer will be implemented and in a manner that transitions appropriately to the public park.
The recreations structures, Site Development Plan, and landscaping create an internal sense of order, provide a visually pleasing setting for occupants, visitors and the general community, are appropriate to the function of the site, and provide safe and convenient access to the property for pedestrians, cyclists, and vehicles in that the south to north paseo will provide a link from San Marcos Boulevard to the public park. The east to west paseo will provide a pedestrian connection from the commercial/restaurants on the east, through the future residential neighborhood, and onto the movie theater on the west. The San Marcos Boulevard multi-way street along the frontage of the Specific Plan area will accommodate a variety of mobility features. The multi-way follows the guides set forth by the adopted San Marcos Boulevard Complete Street Project. As for providing a visually pleasing setting, landscaping of the project will introduce a plant palette which will be carried throughout the common area landscaping, public and private parks, and pedestrian pathways to create a unified sense of place.
To the maximum extent feasible, the Site Development Plan includes the maintenance, rehabilitation, and improvement of existing sites, structures, and landscaping; provides adequate and effectively concealed trash, storage, and utility/mechanical equipment; and will correct any violations of the California Building Code, Zoning Ordinance or other sections of the SMMC that exist on the site in that the project will remove a section of parking lot and associated improvements constructed in the 1970’s. The development park will conform to the Restaurant Row Specific Plan and current Building Code, correcting any violations of the Building Code or Zoning Ordinance. Improvements on and offsite will enhance vehicle and pedestrian circulation, rehabilitate and provide new landscaping and trash facilities to serve the needs of the park.
The design and location of signs are visually harmonious with surrounding development in that the Restaurant Row Specific Plan establishes signage regulations for the public park area. Signage will be modern and compatible with adjacent uses, and include pedestrian oriented signage as required for the public park and consistent with the Public Institutional (P-I) Zone (SMMC Chapter 20.240). A contemporary motif in likeness to the history of the Old California Restaurant Row will honor the project’s history. Carefully designed signage that alludes to the nostalgia of Old California Row will enhance the aesthetic character and identity of the neighborhood.
The Site Development Plan provides all required on-site and off-site public improvements, in compliance with City adopted Design Manuals and guidelines, as deemed necessary by the review authority in that public improvements and other activities will be reviewed by the Development Services Department using established procedures to determine consistency with the Restaurant Row Specific Plan and the Public Institutional (P-I) Zone (SMMC Chapter 20.240) and all pertinent development standards and design standards for public parks along with any applicable mitigation measures identified during the environmental review process, as well as other applicable conditions of approval adopted as part of this Specific Plan. Lastly, the park will have features that will not impede a 100-year storm event. As the amenities of the park evolve, the hydrology report (“Hydraulic Analyses for Restaurant Row”, dated July 27, 2023, by Chang Consultants) will document assurance that flooding does not occur beyond the limits of the existing FEMA zone.
The Site Development Plan provides 1.1 acres of open space, where 10 spaces are required for the public park, and landscaping consistent with the Zoning Ordinance and Restaurant Row Specific Plan and in a manner that visually enhances the physical use of the property in that approval of the Restaurant Row Specific Plan will establish requirement standards for open space, parking, and landscaping that are equal to or greater than that required by the Zoning Ordinance and specific to the overall neighborhood public park designed project that enhances the area and redevelops the underutilized commercial center consisting predominately of surface parking.
All requirements of CEQA have been met, in that this Site Development Plan, 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 Site Development Plan is within the scope of the Mitigated Negative Declaration (ND23-011) (SCH No. 2023080476) and the mitigation monitoring and reporting program, and both are hereby recommended to the City Council for adoption pursuant to CEQA.
Within thirty (30) days of the approval of the Site Development Plan (SDP23-0004) the approved site plan, architectural elevations, floor plans, and conceptual landscape plan shall be submitted as a digital file on a CD including this Resolution number on the title page. The 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. 2023-9247.” 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 submittal of any grading plan, improvement plan, or building permit.
This Site Development Plan approval shall lapse and be null and void one (1) year following the date upon which the plans and drawings were approved by the review authority unless prior to the expiration of one (1) year, a grading and/or building permit is issued and construction is commenced and diligently pursued toward completion.
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. 2023-9247
SDP23-0004
Conditions of Approval
General Provisions
All 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 their 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 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.
Development of the 1.1-acre public park shall be in conformance with the Restaurant Row Specific Plan and the approved Landscape Plan of SDP22-0004. Unless otherwise specified by the City with agreement from the applicant/developer, the public park shall be constructed with the following minimum amenities:
Restroom Building w/ Drinking Fountain
All-Wheel Flow Course (Rolling) Plaza
Four (4) Pickleball Courts
Covered Picnic Area
A Tot-Lot Playground Intended for Children Ages 2-12 with Shade Structure(s) and Clustered Adult Seating Areas A Central Open Space Lawn
A multipurpose elevated platform with integrated step seating near the restroom (without amplified sound equipment).
Prior to issuance of any grading permit, unless otherwise noted, the applicant/developer shall comply with the following conditions.
Land Development Division
Prior to City Engineer approval of the Public Improvement plans for the Public Park, Lot 1 of Tentative Subdivision Map TSM 22-0003 Public Park lot shall be granted to the City in fee title concurrent with the recordation of TSM 22-0003 Final Map.
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.
Concurrent with TSM22-0003 Final Map recordation, the applicant/developer shall dedicate to the City easements for:
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 1
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 These easements are specific to the Public Park lot and not an all-inclusive list of other easements required to be dedicated to the City per Site Development Plan SDP22-0004 and TSM22-0003 conditions of approval. All other interests in real property are 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 waste.
Prior to TSM22-0003 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 easements areas including the pedestrian walkways through Lot 3, Private drive ‘A’, small and large dog parks and 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.
Line of sight easements, if necessary, shall be delineated on all 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 the 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 issuance of a grading permit. The approximate limits of the Special Flood Hazard Area shall be shown on the grading plan.
The applicant/developer shall submit plans and appropriate construction notes for improvement of the public park 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; 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 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. Appropriate bonds shall be posted with the City prior to approval of the Final Map or Grading Permit issuance, whichever occurs first.
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 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.
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, public park improvements, storm drain facilities, water quality BMPs, landscaping, 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 10% of said securities to be in the form of cash.
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 the 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 Engineering 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 Plans (BMPs) shall be shown in detail on the construction plans submitted to the City for review and approval.
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 submit “will-serve” letters from all affected public service and utilities agencies prior to issuance of grading permit.
Planning Division
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 addition of noise attenuating equipment and/or other measures for the pickleball courts may be required for installation, as determined necessary by the City to ensure compliance with the Noise Ordinance, conclusions of the noise study dated July 2023, and/or to reasonably reduce noise levels further, consistent with equipment installed or proposed for installation at other pickleball courts within the city.
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. 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 the building permit issuance.
The rough grading of the public park site shall be completed including appurtenant retaining walls.
Prior to submittal of any residential building plans per SDP22-0006, the public improvement plan sets for the public park site 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.
All public improvements for the public park site required at the time of subdivision and/or development shall be under construction to the satisfaction of the City Engineer prior to the issuance of the first production building permit, 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 park’s restroom building pad, signed and stamped by the engineer of work, shall be provided to the Engineering 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). Provide all supporting documentation provided to Department of Homeland Security (DHS)-FEMA to the City's Floodplain Administrator.
Planning Division
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 of the play areas with the proposed play equipment and specifications of said equipment. Final design shall be approved by the Parks and Recreation, and Public Works Directors and City Engineer.
As determined necessary by Public Works, a 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.
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.
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.
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.
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.
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.
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 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.
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 Section 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 (Ch. 14.15 S.M.M.C.) 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.
Planning Division
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.
The project shall comply with Regional Air Quality Standards.
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.
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. Projects are 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
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 City’s acceptance of park improvements, or as otherwise noted, the applicant/developer shall comply with the following conditions:
Land Development Division
Prior to the issuance of the 110th occupancy of SDP22-0006, 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 of SDP22-0006.
An elevation and floodproofing 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.
The City shall have on file a copy of the FEMA-approved LOMR.
All applicable easements and agreements shall be recorded prior to occupancy if not required sooner by these conditions, SDP22-0004, or TSM22-0003 conditions.
Redline As-Built drawings shall be submitted to the Engineering Division for review and approved prior to occupancy. All improvements identified on the plans and all undergrounding of utilities shall be completed in accordance with the project plans and these conditions of approval. 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 public park improvements. Ongoing maintenance for the first two years after park acceptance shall be provided as required by these conditions.
Planning Division
All landscaping shall be installed, inspected, and approved by the Public Works Department. Landscaping shall be established and flourishing in a healthy manner.
An acoustical letter report shall be submitted to the City demonstrating compliance with the City’s Noise Ordinance and/or the project noise study dated July 2023. This report should be based on measured samples of active pickleball court usage taken from the residences nearest to the pickleball court. Any recommendations of the report to further attenuate noise to attain compliance with City’s Noise Ordinance and/or the project noise study dated July 2023 shall be coordinated and approved by the City prior to installation.
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 of construction documents, and upon a final inspection confirming all criteria has 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.
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.
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.
Ongoing Advisory Conditions
Operation and future development/redevelopment of the public park shall be consistent with the development standards and uses identified in the Public Institutional (P-I) Zone and subject to change by the City of San Marcos.
Resolution No. 2023-9247
SDP23-0004
December 12, 2023