ORDINANCE NO. 2024-1548
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A SPECIFIC PLAN ALLOWING 228 RESIDENTIAL UNITS ON A VACANT 33.2-ACRE PARCEL SP22-0001
The Las Posas Owner LPV, LLC
WHEREAS, on January 11, 2022, the City received an application from The Las Posas Owner LPV, LLC requesting a Specific Plan to allow for residential development on a 33.2-acre vacant site bounded by Pacific Street, La Mirada Drive, Las Posas Road, and Linda Vista Drive in the Business/Industrial District, more particularly described as:
Brief Legal Description: Lots 1, 2, 3 and 4 in Block 113 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.
Assessor’s Parcel Number(s): 219-222-01-00, 219-222-02-00, 219-222-03-00, 219-222-04-00; and WHEREAS, the Pacific Specific Plan is being requested in conjunction with a General Plan Amendment (GPA21-0002) to allow for a change of land use designation from Industrial (I) to Specific Plan Area (SPA), Rezone (R21-0002) to change the zone from Industrial (I) to Specific Plan Area (SPA); a Multi-Family Site Development Plan (MFSDP24-0001) to allow the construction of 228 residential condominiums; and a Tentative Subdivision Map (TSM24-0001) to create one open space lot and a two-lot condominium map for 228-units; and WHEREAS, the Development Services Department did study said request, and recommends approval of said request; and WHEREAS, on July 23, 2024, the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and WHEREAS, on June 17, 2024, the Planning Commission held a duly noticed public hearing in the manner prescribed by law and recommended approval of said request as well as the appropriate environmental document for said request to the City Council by a 6-0 vote, in favor; and WHEREAS, on June 21, 2022, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, the City Council did review and consider an Environmental Impact Report (FEIR24-002/SCH No. 2022050650) for said request pursuant to the California Environmental Quality Act (CEQA).
NOW, THEREFORE, the City Council orders as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Ordinance.
This Specific Plan is within the scope of the Environmental Impact Report (FEIR24-002 / SCH No. 2022050650) and the mitigation monitoring and reporting program, and both are hereby recommended to the City Council for adoption pursuant to CEQA.
The Council approves this Specific Plan, as shown on the attached Exhibit A, incorporated by reference and made a part of this Ordinance as though fully set forth herein.
This Specific Plan is recommended to the City Council for approval in conjunction with the submitted General Plan Amendment (GPA21-0002), Rezone (R21-0002), Multi-Family Site Development Plan (MFSDP24-0001), and Tentative Subdivision Map (TSM24-0001); and all conditions of approval specified in Resolutions/Ordinances 2024-9324, 2024-1547, 2024-9325, and 2024-9326, respectively, which documents are incorporated herein by this reference; and the mitigation measures in Environmental Impact Report (FEIR24-002/SCH No. 2022050650) are hereby incorporated by reference and made a part of this Ordinance 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 Specific Plan is consistent with the City's General Plan, in that the Specific Plan will provide rules and regulations for development of the project site while addressing the unique physical characteristics, constraints, and resources of the Specific Plan Area. In addition, General Plan Consistency Findings are provided within the Pacific Specific Plan.
The Specific Plan complies with the objectives of the adopted City-wide Land Use Policy Plan, in that the project requires approval of a Specific Plan which requires high quality design, orientation and development due to their location or visibility within the community (San Marcos General Plan Policy LU5.6) which in turn helps to promote community design that produces a distinctive, high quality built environment with forms and character that create memorable places and enrich community life. Furthermore, the proposed Specific Plan’s objective of preserving at least 60% of the site as open space is consistent with San Marcos General Plan Policies COS-2.1 and COS-2.2 which encourage the protection of open space areas for their environmental value and place a high priority on preserving open space land for habitat protection and enhancement.
The Specific Plan will not be detrimental to the public health, safety, morals, and welfare, in that the zoning designation of the property is Specific Plan Area (SPA), which provides for residential development designed in a compatible manner to the nearby commercial and industrial uses. The Pacific Specific Plan establishes development standards for the property and the Multi-family Site Development Plan will ensure the orderly development of the site in conformance with the Pacific Specific Plan and ensure adequate public facilities and infrastructure, including fire, police, water, and sewer are available to the property for the project. The project will also be developed in accordance with the California Building Code and all landscaping will be installed in conformance with the City’s Water Efficient Landscape Ordinance.
All requirements of CEQA have been met, in that an Environmental Impact Report (FEIR24-002 / SCH No. 2022050650) has been prepared for the proposed project, and all potential impacts related to air quality, biological resources, cultural resources, geology and soils, and tribal cultural resources, will be mitigated to a level less than significant.
Prior to submittal of grading, final maps, and/or building permit application, whichever comes first, the applicant/developer shall submit the specific plan (in color) as an editable digital file on a CD and two (2) hard copies to the Planning Division for review and final approval.
To the extent permitted by law, the applicant/developer shall defend and hold the City of San Marcos, its agents and employees harmless from liability from: (i) any and all actions, claims, damages, injuries, challenges and/or costs of liabilities arising from the City's approval of any and all entitlements or permits arising from the project as defined in the conditions of approval, or issuance of grading or building permits; (ii) any damages, liability and/or claim of any kind for any injury to or death of any person, or damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of the applicant/developer or its contractors, subcontractors, agents, employees or other persons acting on applicant/developer's behalf which relate to the project; and (iii) any and all damages, liability and/or claims of any kind arising from operation of the project. The applicant/developer further agrees that such indemnification and hold harmless shall include all defense related fees and costs associated with the defense of City by counsel selected by the City. This indemnification shall not terminate upon expiration of the conditions of approval or completion of the project, but shall survive in perpetuity.
This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall publish this Ordinance or the title hereof as a summary in a newspaper of general circulation in the City as required by law.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 23rd day of July, 2024.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 23rd day of July, 2024, 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 – Specific Plan text
EXHIBIT A
Specific Plan
[SPECIFIC PLAN TEXT AS SEPARATE PDF]
Ordinance No. 2024-1548
SP22-0001
June 17, 2024