ORDINANCE NO CASE NO.: R DR Horton (Mulberry Specific Plan)

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF SAN MARCOS CITY COUNCIL APPROVING A REZONE FROM R-3-10 TO SPA IN THE RICHLAND NEIGHBORHOOD CASE NO.: R DR Horton (Mulberry Specific Plan) WHEREAS, on October 13, 2012 an application was received from DR Horton requesting a Rezone from R-3-10 to Specific Plan Area (SPA) to develop 126 dwelling units consisting of 55 detached and 71 attached residential units on acres located on the west side of Mulberry Drive and south of Borden Road, more particularly described as: THOSE PORTIONS OF LOTS 8 AND 9 IN BLOCK 53 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APN: WHEREAS, there were Public Workshops conducted on February 26, 2014 and March 26, 2014 and subsequent meetings between residents, the applicant, and staff on May 12, 2014 and May 27, 2014; and WHEREAS, the Development Services Department did study and recommend approval of said request; and WHEREAS, the Planning Commission recommended approval to the City Council on June 2, 2014; and WHEREAS, the required public hearing held on July 8, 2014 was duly advertised and held in the manner prescribed by law; and WHEREAS, the City Council recommends certification of Mitigated Negative Declaration (ND ) with a Mitigation Monitoring and Reporting Program pursuant to CEQA; and WHEREAS, prior to the adoption of the proposed rezone from R-3-10 to SPA the City Council shall approve the adoption of a General Plan Amendment changing the land use from Medium-High Density Residential to SPA; and WHEREAS, the City Council's decision is based upon the following findings and determinations: 1. The San Marcos Zoning Map shall be amended to change the affected property # 8.1

2 Ordinance No Page 2 from a Residential Zone of R-3-10 to SPA as depicted on attached Exhibit A (Zoning Map). 2. The proposed Rezone (R ) that will implement site specific standards for design, development & approval procedures that would encourage the orderly development of the infill site, in that the project is proposing a Specific Plan for a lower density residential project (12.6 dwelling units per acre) compared to the currently allowed density (15-20 dwelling units per acre) with a diverse attached and detached product type mix. 3. The proposed Rezone (R ) complies with the goals and objectives of the adopted Specific Plan District General Plan, in that the project has been designed with appropriate standards and requirements to develop a mixed residential product type that will be compatible with the industrial/business uses to the south of the site, as well as the residential areas to the north and west of the site. 4. The proposed Rezone will not be detrimental to the public health, safety, morals, and welfare in that the Mulberry project will be conditioned pending approval of a Specific Plan for architectural treatment, setbacks, landscaping/buffering, parking, signage, and adequate public facilities and infrastructure, including fire, police, emergency vehicle access, water, sewer, and road improvements. 5. The proposed Rezone (R ) complies with the objectives of the Specific Plan District in that the existing R-3-10 zoning designation for this property allows for a higher density than proposed by the Mulberry Specific Plan which will allow for an appropriate scale and mix of attached and detached residential product types on the acre infill site given the existing, surrounding land uses. NOW, THEREFORE, the City Council resolves as follows: 1. The foregoing recitals are true and correct. 2. Mitigated Negative Declaration (ND ) with a Mitigation Monitoring and Reporting Program is hereby approved. 3. The Rezone, as described above, is approved. EFFECTIVE DATE: 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, California, on the 8th day of July # 8.2

3 Ordinance No Page 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Marcos, California on the 22nd day July 2014 by the following roll call vote: AYES: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO, DESMOND NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE James M. Desmond, Mayor ATTEST: APPROVED AS TO FORM: Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney Attachment: A Zoning Map # 8.3

4 Ordinance No Page 4 ATTACHMENT A ' Site & C&<ht~ ~ #fld tuivtld.t ~ ~ved ~ &.t MXU,-.,..t., t,.-_.,.... ~o/ 1.J not g-- ~11end. This;, 110t., ~.C Mid ~ltl not.h Al~tH' for title ~.,.,,,_,.,_...,,,urw,...,. lw z,o"~.,..,t;c ~ Map scare llnch = 496 reet 5/29/2014 # 8.4

5 ORDINANCE NO AN ORDINANCE OF THE CITY OF SAN MARCOS CITY COUNCIL APPROVING A SPECIFIC PLAN FOR MULBERRY LOCATED IN THE RICHLAND NEIGHBORHOOD CASE NO.: SP DR Horton (Mulberry Specific Plan) WHEREAS, on October 13, 2013 an application was received from DR Horton requesting a Specific Plan, to allow for the development of 126 dwelling units consisting of 55 detached and 71 attached residential units on acres located on the west side of Mulberry Drive and south of Borden Road, more particularly described as: THOSE PORTIONS OF LOTS 8 AND 9 IN BLOCK 53 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APN: WHEREAS, a Specific Plan is needed to establish a land use plan and development regulations that guide the development of Specific Plan Areas per chapter of the San Marcos Zoning Ordinance; and WHEREAS, there were Public Workshops conducted on February 26, 2014 and March 26, 2014 and subsequent meetings between residents, the applicant, and staff on May 12, 2014 and May 27, 2014; and WHEREAS, the Development Services department did study and recommend approval of said request; and WHEREAS, the Planning Commission recommended approval to the City Council on June 2, 2014; and WHEREAS, the required public hearing held on July 8, 2014 was duly advertised and held in the manner prescribed by law; and WHEREAS, the City Council did review and recommend certification of Mitigated Negative Declaration (ND ) with a Mitigation Monitoring and Reporting Program pursuant to CEQA; WHEREAS, The City Council's decision is based upon the following findings and determinations: 1. The proposed Specific Plan would encourage the orderly development of the infill # 8.5

6 Page 2 site area, in that the residential project proposed a mix of 55 detached and 71 attached dwelling units with a scale and range of architectural styles that will be compatible with the land uses surrounding the site. 2. The proposed Specific Plan would comply with the goals and objectives of the Specific Plan District, in that the project has been designed and conditioned to implement a cohesive internal private street system with corresponding parking and private recreational areas, as well as landscaping and perimeter buffering treatment, the provision of all necessary water, sewer and power infrastructure as well as emergency vehicle access, and pedestrian circulation with internal trail/paseo networks that will link with external access points to the public street system of Mulberry Drive. NOW, THEREFORE, the City Council resolves as follows: 1. The foregoing recitals are true and correct. 2. Mitigated Negative Declaration (ND ) with a Mitigation Monitoring and Reporting program is hereby certified. 3. The Specific Plan is approved with the following conditions: A. Site development shall occur pursuant to the approved Specific Plan and map attachments, except as modified by the errata sheet (Attachment A ) and the conditions contained in all project resolutions/ordinances, prior to the issuance of permits. The Mulberry Specific Plan shall be modified per the errata sheet prior to issuance of any permits. B. The developer shall submit prior to any grading or building permits) original mylars reflecting the required modifications to the Specific Plan mentioned above for the Muiberry Specific Plan. Any additional modifications required to the site plan, landscape plan, and elevations shall be submitted on original mylar along with a copy of the project's conditions of approval (resolutions) on the title page prior to any permit. The mylar shall indicate that the developer/applicant has read, understands and agrees to the conditions approving this project by signing the mylar. C. To the extent permitted by law, Applicant/developer shall defend and hold the ("City"), 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 permit arising from the project; (ii) any damages, liability and/or claims 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 # 8.6

7 Page 3 indirect operation of 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. Applicant/developer further agrees that such Indemnification and hold harmless shall include all defenserelated fees and costs associated with the defense of City by counsel selected by City. This indemnification shall not terminate upon expiration of the Tentative Subdivision Map but shall survive in perpetuity. D. All conditions as stated in the final Resolutions approving the Multi- Family Site Development Plan MFSDP (PC Resolution ) and Tentative Subdivision Map TSM (PC Resolution ) are hereby incorporated by reference and shall be complied with. EFFECTIVE DATE: 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, California, on the 8th day of July PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Marcos, California on the 22 nd day July 2014 by the following roll call vote: AYES: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO, DESMOND NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE James M. Desmond, Mayor ATTEST: APPROVED AS TO FORM: Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney ATTACHMENT: A Errata Sheet # 8.7

8 Page 4 Attachment A ERRATA SHEET FOR MULBERRY SPECIFIC PLAN All Figures, Exhibits and Tables shall have a corresponding text reference, introduction and explanation. Any pages intended to be Blank shall be noted as Blank with corresponding page sequencing and numbering within the Specific Plan text. All references to the Mulberry community shall include the phrase Mulberry Specific Plan. All references to the project site acreage shall be acres. Replace all text using capital letters for directions (North, South, East, West) with small letters (north, south, east, west) Replace any reference to the Richland neighborhood with Richland Neighborhood Any references to the R-3-6 zoning shall be replaced with R-3-10 All references to proposed and Specific Plan density shall be 12.6 du/acre Replace any references to surrounding industrial land uses with the phrase light industrial ; remove Office Professional (OP) zoning designation text with non-residential zoning text, for example on page 10. All text within any Table shall minimize unnecessary spacing; for example the spacing at the end of the text for items S-2 and S-4 on page 21 of Table 2-1. All exhibits and Figures shall provide graphics, text, numbers and dimensions that can be clearly legible within the size, scale and font of the Specific Plan document. All Tables and other graphic information shall be presented in their complete entirety within the space and pages of the Specific Plan document. Replace any text or exhibit references to the Spanish architectural style with Ranch Hacienda. Remove any text or exhibit references to the Regency or Traditional architectural styles Revise the Table of Contents to reflect the architectural styles covered in the Specific Plan text; remove the double-hyphen between the words Site and Development associated with the title of Figure 3-2; provide the correct Figure reference for the Entry Monument Detail; and provide file number ND to Appendix item Mitigated Negative Declaration. Remove any text, table or exhibit references to Building Type C for the Attached Townhouse product type. Provide an exhibit/figure depicting the areas of landscape maintenance including Private, HOA, and CFD areas of maintenance responsibility. Landscape plan Tables and information shall include both at-planting and maturity tree heights and canopy spread, also in Table 3-10 and Figure Monument signage and adjacent landscaping shall comply with all relevant city requirements including line-of-sight criteria. Replace any reference to Palomar College with Palomar Community Collage # 8.8

9 Page 5 Page 7 Page 9 Page 15 Page 7 Page 22 Page 27 Pages Pages Page 81 Page 83 Provide information regarding the function and holder of the third easement. (Delete) The opportunities and constraints described below are key factors influencing the design and implementation of the Mulberry Specific Plan. In addition the Specific Plan incorporates input from the Staff and neighbors to the Specific Plan Area (Delete) Mulberry contributed funds to the s Affordable Housing Program. The is currently revising their estimate of the rate at which developers pay toward the Affordable Housing Program. Once the rate is determined Mulberry will pay the aforementioned rate to the. (Delete) In addition to the Specific Plan, an accompanying Environmental Impact Report (EIR) Mitigated Negative Declaration (MND ) has been prepared in accordance with the California Environmental Quality Act (CEQA) and is on file with the Planning Division. The reader is referred to that document for a discussion of project-wide environmental effects of the project. (Delete) for item S-6: The Mulberry Specific Plan is consistent with Goal S-6. The Mulberry Specific Plan has been reviewed and approved by the San Diego County Sheriff s Department. Furthermore, the project applicant is required to pay fees to a preexisting Community Facilities District for police protection (Add) A Mitigated Negative Declaration (ND ) for the Mulberry Specific Plan shall be prepared by the Setbacks and Table 3-4: Provide round numbers for required minimum setback distances (vs. partial decimal point numbers) and specify a Minimum Setback between Buildings for the Attached Condo Unit product type. Also provide Table and text information for all perimeter setback distances Parking: Provide text and Table information regarding the provision of motorcycle and bicycle parking areas and quantities, including Figure Table 3-8 Open Space: Add a column providing the percentage breakdown of each type of Open Space area being provided. (Add) Building materials in Mulberry will set the tone and vision of the built environment. These materials will be used to create visually pleasing residential condominium dwelling units that help blend the structures with the surrounding neighborhoods and set the visual tone for the existing development of nearby neighborhood commercial and light industrial uses. Both the detached condominium units and the attached multi-family condominium units shall be constructed using standard wood framed construction. Roofing materials will consist of low profile concrete tiles, concrete shake tiles, or concrete slate tiles depending on the style of units. Other building materials will include stucco lightlace finish on the exterior of all buildings, wood trim, brick and mortar, decorative metal, wood shutters, and metal bird stop S tiles. Materials and colors will vary from structure to structure to prevent a repetitive look throughout the Specific Plan Area and will be selected from the approved Materials and Color Board to the satisfaction of the Planning Director. # 8.9

10 Page 6 Page 84 Page Page 93 Page 95 Page 96 Page 98 Page 100 Page 102 Page 103 Page 108 Page 114 (Delete) No non-native invasive plant species shall be used, per appendix N of the of the MSCP Subarea Plan, California Exotic Pest Plant Council List A-1 and California Invasive Plant Council (Cal-IPC). Figures 3-47 and 3-48 for the 6 Masonry Perimeter Wall detail: add text and graphics to depict stone veneer and with pilaster cap at 50 off- (establishing an on center spacing) to the satisfaction of the Planning Director. (Re-write for clarity): On the West side of Mulberry one 26 foot wide main road branches off from the East-West traversing road and offers access to the detached condominiums through 4 branches that dissecting the main road running North-South. Figure 4-1: Add the word Gated to the text describing the Emergency Access Only and provide a new graphic and corresponding Legend symbol for the emergency access area; add a graphic and corresponding Legend symbol to depict Guest Parking areas. 4.3 Public Transportation: Add text outlining the function and purpose of the Mulberry Specific Plan Parking Management Plan. Figure 4.3: Depict the Trail Connections to the Mulberry Specific Plan area. Figure 4.4: Depict the location of the Mulberry Specific Plan area. (Re-write for local/project-specific context): Existing Public Park and recreation facilities owned and maintained in by the in the vicinity of the Plan area include the Mission Sports Complex, located at 931 Bailey Court. Additionally, the Plan area is located near the Palomar College Fitness Center, a joint venture between the, Palomar-Pomerado Health System and Palomar College. (delete) (Delete) Roadways serving the Specific Plan will have a minimum improved paved width of 24 feet with an additional 8 feet to each side for parking. Any other roadway features such as cul-de-sacs and gates will meet the design criteria of the San Marcos Fire Department. Figure 6.2: Provide a graphic and corresponding Legend symbol depicting Fire Hydrant locations to the satisfaction of the Fire Marshall. (Add) The project processing requirements described within this Plan apply to all development proposed within the Plan area. The following items will need to be processed with the to complete the development of the Mulberry Specific Plan area. This description addresses only entitlements that the has authority to grant, such as: Tentative Subdivision Maps, TSM &Final Map Grading Permits Building Permits Multi-Family Site Development Plans, MFSDP General Plan Amendments, GPA Rezones, R Specific Plans, SP # 8.10

11 Page 7 New Specific Plan area shall be revised from two (2) new legal lots to one (1) legal lot. Provide an enhanced pavement design at the front entrance off of Mulberry Drive pending final review & approval by the Planning Director. # 8.11