PLANNING COMMISSION MEETING DATE:
MARCH 17, 2025
SUBJECT:
Title
WATER MILL HOMES REQUESTS ENTITLEMENT FOR NINE (9) SINGLE-FAMILY LOTS ON A 10-ACRE SITE LOCATED IN THE AGRICULTURAL (A-1) ZONE
LOCATION/APN:
SOUTHWEST CORNER OF COX ROAD AND MULBERRY DRIVE. APN: 182-131-14-00
CASE NUMBER:
MITIGATED NEGATIVE DECLARATION (ND22-007) AND TENTATIVE SUBDIVISION MAP (TSM21-0004)
Body
Recommendation
Recommendation
ADOPT AND APPROVE the following in the order set forth below:
1. ADOPT Mitigated Negative Declaration (ND22-007);
2. APPROVE Resolution No. PC 24-5124 for Tentative Subdivision Map (TSM21-0004) to allow for up to nine (9) single-family lots on a 10-acre site located in the Agricultural (A-1) Zone.
Body
Introduction
The applicant is requesting approval of a Tentative Subdivision Map to subdivide an existing 10-acre property into nine (9) single-family lots and build a residence on each lot. The vacant site is located at the southwest corner of Cox Road and Mulberry Drive.
Discussion
The existing site is an approximately ten (10) acre vacant property located at the southwest corner of Cox Road and Mulberry Drive. The site has been used for agricultural purposes for growing of row crops. The terrain moderately slopes down from Cox Road and Mulberry Drive to the south/southeast with an elevation change of approximately 25 feet. The property is surrounded by single-family residential development consistent with the proposed development.
The subject site is zoned Agricultural (A-1) and designated as an Agricultural/Residential land use with a density range of (0.125 to 1.0 dwelling units per acre) per the General Plan. The yield for the proposed project is 0.9 dwelling units per acre, which complies with the General Plan density. The site consists of an average slope of approximately 4 percent; therefore, Section 20.210.050 of the Zoning Ordinance (SMMC Title 20) requires a minimum lot size of one (1) acre (net) for each lot. The project proposes lot sizes ranging from 1.00 acre (net) to 1.06 acre (net) with access to the lots from a proposed private street off Cox Road. The subdivision layout is similar to the adjacent subdivisions to the west on Camden Place and Savannah Way.
Construction of the single-family residences is subject to the Zoning Ordinance (SMMC Title 20) development standards for the Agricultural (A-1) Zone including building setbacks, height limit, parking, etc. The proposed Tentative Subdivision Map includes a building setback exhibit showing conceptual building footprints within the pad area for each lot. Per Section 20.340.040 of the Zoning Ordinance (SMMC Title 20), each future residence will require a minimum 2-car garage for a residence up to 3,000 square feet in size, and a 3-car garage for a residence above 3,000 square feet. The project is conditioned for the applicant to submit architectural elevations and floor plans to the Planning Division for architectural review and approval prior to issuance of grading permit. The resolution is conditioned for a minimum of three (3) distinct architectural styles for each floor plan. Spanish, Craftsman, Italianate, and Tuscan are typical architectural styles for single-family homes. In addition, each architectural style shall have additional enhancements on the front building elevation and shall be architecturally compatible with the surrounding neighborhood.
Access to the subdivision will be provided by a 40-foot wide gated private street (Lot “A”) off Cox Road ending in a cul-de-sac. A 5-foot wide sidewalk along the east side of the street will connect to the existing public trail along Cox Road. The project is conditioned to process a street vacation for a five-foot portion of Cox Road for the proposed right-of-way and coordinate on the acquisition of the vacated right-of-way. There is also an existing public trail on Mulberry Drive which currently ends at the southeast corner of the site. The project will be required to construct trail improvements along its eastern frontage by continuing the trail up to the intersection of Cox Road and Mulberry Drive. The new segment of public trail consists of a 7.5 foot wide paved section for pedestrians and a 10 foot wide DG section for horses which are separated by fencing.
In order to comply with the City’s Storm Water Management Regulations, the project proposes storm water quality Best Management Practices (BMPs), which includes natural infiltration into landscape areas and a bio-retention basin located in the southern portion of the subdivision on Lots 4 & 5. The basin will be landscaped in accordance with the storm water quality management plan and will be maintained by the Homeowners Association (HOA) facilitated by a HOA water quality easement. Construction BMPs will be required as well. Sewer and water services for the proposed project will be provided by the Vallecitos Water District (VWD). Annexation of the property into their Sewer Improvement District will be required by VWD. This annexation does not require Local Area Formation Commission (LAFCO) approval. A water and sewer study was prepared by VWD which determined that adequate water storage exists at this time; however, there are deficiencies in the existing sewer facilities in Twin Oaks Valley Road under existing conditions and peak wet weather flows during ultimate build-out condition with the project. VWD does not have capacity to serve new connections in the Twin Oaks Valley sewer basin unless project-specific conditions are implemented. Therefore, the subdivision will include a sewer pump/detention tank at the southeast corner of the subdivision on Lots 5 & 6 to fulfill the subdivision sewer needs. The underground pump/tank system will collect and temporarily store peak wet weather sewage effluent from the project and will pump the sewage to the VWD sewer system during off-peak hours. A Homeowners Association (HOA) will be required to maintain the sewer pump/tank system. Maintenance access to these facilities will be provided from Mulberry Drive.
All manufactured slopes of the subdivision are required to be landscaped with a mixture of trees, shrubs, and ground cover to beautify the neighborhood, and the proposed retaining walls will be constructed of split-face, keystone, or similar textured block, and earth-tone colored to provide a more natural appearance. The project proposes approximately 160 trees to be planted throughout the development. The existing trees adjacent to the public trail along Cox Road will remain. Landscaping will be required to comply with the City’s Water Efficient Landscape Standards (SMMC Chapter 20.330). A final fencing plan, in conjunction with landscape plans, will be required to be submitted for review and approval with a consistent type and style of fencing for the development.
The project is conditioned to pay affordable housing in-lieu fees prior to issuance of building permits, and annexation of the property into the City’s Community Facilities Districts (CFDs) for police and fire services (CFD 98-01, CFD 2001-01) and city-wide street lighting, landscaping, open space and preserve maintenance (CFD 98-02).
Environmental Review
In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (ND22-007) (SCH No. 2025010341) (Attachment D) was prepared for the proposed project and circulated for 30-day public review from January 13, 2025, to February, 12, 2025. A comment letter was received late from San Diego County Archaeological Society regarding cultural resources. Since the letter was received after the public review period had ended, the comments are not included in the Final MND. Therefore, the comment letter and response are included in Attachment F (Public Comments).
Biological Resources
A biology survey was prepared for the subject site to assess potential biological impacts by the proposed 9-lot subdivision. The entire site was previously used for agricultural purposes, and overall, the project site is disturbed by human activity. The biology survey identifies the project site as Disturbed Habitat dominated by non-native grasses and forbs. In addition, native and ornamental trees and palms are scattered along the property boundaries. No sensitive plant communities were identified on site.
The terrain of the site drains to an existing storm drain inlet located on the property directly to the south. An underground culvert from the existing subdivision to the west and a concrete V-ditch along the southern property line also drain to this same inlet. A small concrete channel, lined with rip-rap, extends from the project site to the off-site inlet. This inlet entry area is not considered a wetland due to the lack of hydric soil, hydrophytic vegetation, permanent water, connection to a navigable waterway, or defined high water mark.
The aforementioned vegetation categories are not considered sensitive habitat. In accordance with the Migratory Bird Treaty Act, there is the potential for nesting birds to occur within the existing vegetation of the vacant portion of the property. Therefore, a nesting survey will be required prior to any disturbance of the site if proposed during the nesting season. In addition, the existing palm trees on site provide potential roosting habitat for the western yellow bat. Therefore, a bat roost survey will be required if site disturbance occurs during bat roosting season.
Cultural/Tribal Cultural Resources
In accordance with State law (AB-52), local Native American tribes were notified and consulted regarding the proposed project. A cultural resources study was prepared by ASM Affiliates (2023) which analyzed potential prehistoric resources on the subject property. The report indicates no sites have been previously recorded on the property; however, there are 21 recorded cultural resources within a one-mile radius of the project site. A field survey was also conducted by the consultant that identified no evidence for prehistoric resources on the project site. However, there may be the potential for subsurface resources to exist if undisturbed soil is encountered during excavation; therefore, ground-disturbing work for the project, as determined by an archaeologist and Native American Monitor, will be required to be monitored per a pre-excavation agreement.
In addition, the cultural resources study evaluated the property for potential historical resources. The project site was historically part of the Cox House property which was previously located on the adjacent property to the west. The Cox House was built in 1888 and was moved to Heritage Park in 2002 when the adjacent property was developed with a single-family subdivision. Research of records do not identify any historical resources on the project site and therefore is not considered a historical site. During the aforementioned field survey, no historical resources were found on site. Cultural monitoring during ground-disturbing work for the project will occur to identify any potential subsurface historical artifacts.
Transportation
Based upon the trip generation rate established by San Diego Association of Governments (SANDAG), this project will generate 90 Average Daily Trips as a result of building nine (9) new residences on the subject property. Due to the size of the development, the increase in ADT is negligible and no greater than anticipated by the General Plan for the area.
Per the criteria of the City’s Transportation Impact Analysis Guidelines, the proposed subdivision is not subject to a Vehicle Miles Traveled (VMT) analysis since the proposal is considered a small project which generates less than 110 average daily trips.
Public Comment
As previously mentioned, late MND comments were received from San Diego County Archaeological Society. No other public comments were received.
Attachment(s)
Resolutions:
1. RESOLUTION PC 24-5124 (TSM21-0004): A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN MARCOS APPROVING OF A TENTATIVE SUBDIVISION MAP FOR UP TO NINE (9) LOTS IN THE AGRICULTURAL (A-1) ZONE
A. Vicinity Map
B. Requested Entitlements
C. Site & Project Characteristics
D. Mitigated Negative Declaration (ND22-007)
E. Project Plans
F. Public Comments
Prepared by: Norm Pedersen, Associate Planner
Reviewed by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Scott Nightingale, Principal Planner
Submitted by: Joseph Farace, Planning Division Director