RESOLUTION NO. 2024-9324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APROVING A GENERAL PLAN AMENDMENT FOR A LAND USE CHANGE OF A 33.2-ACRE PROJECT SITE FROM INDUSTRIAL (I) TO SPECIFIC PLAN AREA (SPA) GPA21-0002
The Las Posas Owner LPV, LLC
WHEREAS, Government Code sections 65350 et seq. require each planning agency and legislative body of each city to adopt a comprehensive, long-term general plan for the physical development of the city; and WHEREAS, Section 65358 of the Government Code specifies the requirements for the amendment of all or part of a General Plan; and WHEREAS, on March 22, 2021, the City received an application from The Las Posas Owner LPV, LLC requesting a General Plan Amendment for a change of land use designation from Industrial to Specific Plan Area 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 General Plan Amendment is requested in conjunction with a Rezone (R21-0002) to change the zone from Industrial (I) to Specific Plan Area (SPA); a Specific Plan (SP22-0001) to establish rules and regulations for the development of 228 residential units on the project site; 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 June 21, 2022, the City held a public workshop to provide an informational overview of the proposed project to the general public; 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 and the appropriate environmental document for said request to the City Council by a 6-0 vote, in favor; 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, 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 resolves as follows:
The foregoing recitals are true and correct and are hereby incorporated by reference into this Resolution.
This General Plan Amendment 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 approved pursuant to CEQA.
The City Council hereby approves General Plan Amendment GPA21-0002, as shown on the attached Exhibit A, incorporated by reference and made a part of this Resolution as though fully set forth herein.
General Plan Amendment GPA21-0002 is approved in conjunction with the submitted Rezone (R21-0002), Specific Plan (SP22-0001), Multi-Family Site Development Plan (MFSDP24-0001), and Tentative Subdivision Map (TSM24-0001); and all conditions of approval specified in Resolutions/Ordinances 2024-1547, 2024-1548, 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 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 General Plan Amendment is consistent with the Goals and Objectives in the General Plan, in that the proposed project achieves a balanced distribution and compatible mix of land uses to meet the present and future needs of all residents and the business community (Goal LU-1) as the proposed development per the Pacific Specific Plan would add residential units to an underutilized (vacant) property surrounded by a variety of uses including commercial and industrial uses, and Bradley Park to the southwest. The project provides housing opportunities within proximity to transit and employment. The General Plan Amendment will designate the project site as a Specific Plan Area and the proposed Pacific Specific Plan allows for up to 228 residential units consisting of condominiums, apartments, and/or affordable apartments at densities consistent with other multi-family residential developments in the city which helps to provide a broad range of housing opportunities with emphasis on providing housing which meets the special needs of the community (Goal HE-1).
The General Plan Amendment is deemed to be in the public interest, in that the project will develop a vacant infill site, with housing in proximity to State Route 78, other goods and services, and employment and transit opportunities, while preserving over 60 percent of the site as natural open space.
The General Plan Amendment will not be detrimental to the public health, safety, 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.
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 Pacific Specific Plan, and with all applicable state and federal regulations, as may be amended from time to time, whether or not such provisions or requirements have been specifically set forth in these conditions, all of which are now incorporated by reference and made a part of this Resolution with the same force and effect as though fully set forth herein.
G. To the extent feasible and as permitted by law, developers and contractors are requested to first consider the use of San Marcos businesses for any supplies, materials, services, equipment needed, and the hiring of local residents to stimulate the San Marcos economy to the greatest extent possible.
H. To the extent permitted by law, the applicant/developer shall defend and hold the City of San Marcos, its agents and employees harmless from liability from: (i) any and all actions, claims, damages, injuries, challenges and/or costs of liabilities arising from the City's approval of any and all entitlements or permits arising from the project as defined in the conditions of approval, or issuance of grading or building permits; (ii) any damages, liability and/or claim of any kind for any injury to or death of any person, or damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of the applicant/developer or its contractors, subcontractors, agents, employees or other persons acting on applicant/developer's behalf which relate to the project; and (iii) any and all damages, liability and/or claims of any kind arising from operation of the project. The applicant/developer further agrees that such indemnification and hold harmless shall include all defense related fees and costs associated with the defense of City by counsel selected by the City. This indemnification shall not terminate upon expiration of the conditions of approval or completion of the project but shall survive in perpetuity.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 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 – Land Use Change Exhibit
EXHIBIT A
Land Use Change Exhibit
Land Use Change from “Industrial” (I) to “Specific Plan Area” (SPA) APN’s: 219-222-01-00, 219-222-02-00, 219-222-03-00, 219-222-04-00 Resolution No. 2024-9324
GPA21-0002
July 23, 2024