ORDINANCE NO. 2024-1547
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A REZONE OF A 33.2-ACRE PROJECT SITE FROM INDUSTRIAL (I) TO SPECIFIC PLAN AREA (SPA) R21-0002
The Las Posas Owner LPV, LLC
WHEREAS, on March 22, 2021, the City received an application from The Las Posas Owner LPV, LLC requesting zone reclassification of a 33.2-acre project site from Industrial (I) to Specific Plan Area (SPA) located on a 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 Rezone 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); a Specific Plan (SP22-0001) to establish rules and regulations for the development of up to 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 as well as 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 orders as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Ordinance.
This Rezone 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 City Council hereby approves this Rezone, as shown on the attached Exhibit A, incorporated by reference and made a part of this Ordinance as though fully set forth herein.
This Rezone is recommended to the City Council for approval in conjunction with the submitted General Plan Amendment (GPA21-0002), 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 2024-9324, 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 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 Rezone is consistent with the City’s General Plan and the land uses authorized by the Rezone are compatible with the objectives, policies, general land uses, and programs specified 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 Rezone 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 with 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 Rezone 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.
The Rezone implements the land use designations of the City's General Plan for the public health, safety, comfort, convenience, and general welfare of the San Marcos Community in that the proposed multi-family residential development would direct growth in an area of San Marcos that can support a variety of uses, and the proposed multi-family development locates uses near transit and employment opportunities.
The Rezone enables flexibility in development type and scale by location to provide for emerging economic and social trends, in that the site has remained undeveloped under the current Industrial (I) zoning. The proposed Rezone to Specific Plan Area (SPA) allows for flexibility in development by implementing the Pacific Specific Plan which allows for multi-family residential units on the site in close proximity to State Route 78, transit options, and employment opportunities. The Specific Plan allows additional flexibility in land uses and development standards compared to other zoning designations which aligns with current economic and social trends.
The Rezone will not be detrimental to the public health, safety, and welfare, in that the General Plan Land Use 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.
F. 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, 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 10th day of September 2024, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
________________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney City of San Marcos City of San Marcos
Attachment(s):
Exhibit A – Rezone Exhibit
EXHIBIT A
Rezone Exhibit
Rezone from “Industrial” (I) to “Specific Plan Area, Pacific Specific Plan” (SPA, Pacific Specific Plan) APN’s: 219-222-01-00, 219-222-02-00, 219-222-03-00, 219-222-04-00 Ordinance No. 2024-1547
R21-0002
July 23, 2024