PLANNING COMMISSION MEETING DATE:
OCTOBER 5, 2026
SUBJECT:
Title
SAN ELIJO HILLS TOWN CENTER MULTIFAMILY - REQUEST ENTITLEMENTS FOR A 31-UNIT RESIDENTIAL CONDOMINIUM DENSITY BONUS PROJECT
LOCATION/APN:
SOUTHWEST OF THE SAN ELIJO ROAD SPLIT INTO SAN ELIJO ROAD SOUTH AND NORTH BETWEEN SCHOOLHOUSE WAY AND ELFIN FOREST ROAD / APN: 223-630-30-00
CASE NUMBER:
SITE DEVELOPMENT PLAN (SDP24-0009), TENTATIVE SUBDIVISION MAP (TSM26-0001)
Body
Recommendation
Recommendation
ADOPT AND APPROVE the following in the order set forth below:
1. ADOPT Notice of Exemption (EX25-034); and
2. APPROVE Resolution PC 26-5234 (Site Development Plan SDP24-0009) to allow the construction of a 31-unit residential condominium project and find the Site Development Plan is exempt from CEQA (EX25-034).
3. APPROVE Resolution PC 26-5235 (Tentative Subdivision Map TSM26-0001) to allow up to 31 residential condominium units, including six density bonus units, on one lot and find the Site Development Plan is exempt from CEQA (EX25-034).
Body
The applicant is requesting approval of a Site Development Plan, including a Density Bonus, and a Tentative Subdivision Map to construct a 31-unit residential condominium project on a 0.58-acre vacant site located southwest of the San Elijo Road split into San Elijo Road South and North between Schoolhouse Way and Elfin Forest Road. Six of the units will be dedicated as affordable housing units with three (3) units available for sale to very low-income households and three (3) units available for sale to moderate-income households. The proposed project includes one five-story building, consisting of three to four stories of single-level residential units above a parking garage. The applicant is requesting a Density Bonus per state law which would result in a project density of 53.8 dwelling units per acre. Waivers of development standards to increase building height and story count and reduce development setbacks identified in the San Elijo Specific Plan are requested and permitted by State Government Code Section 65915.
Discussion
The project applicant is requesting approval of a Site Development Plan (SDP) and Tentative Subdivision Map (TSM) as required by the San Elijo Hills Specific Plan and is also utilizing the State of California’s Density Bonus provisions. If approved, these entitlements would allow the development of the vacant project site with a 31-unit residential condominium project with six of those units available for sale to lower income households. The project site is currently made up of one parcel totaling approximately 0.58 acres and is mainly undeveloped but contains an existing driveway that currently serves adjacent residential townhomes. The site does not contain any significant vegetation or sensitive habitat. A sewer and drainage easement crosses the southerly portion of the property. An existing San Diego County Water Authority easement is located on the project site and the adjacent property to the southwest. A 12-unit residential townhome project and two commercial buildings are located southwest of the project site. Across San Elijo Road to the southeast is San Elijo Middle School, and San Elijo Park is located across San Elijo Road to the north.
In 2018, a Site Development Plan (SDP17-0007) was approved (Resolution ADM 18-4731) for a portion of Planning Area C-2 which included an approximately 8,000-square-foot commercial building (Building ‘E’), an approximately 3,745-square-foot commercial building (Building ‘F’) and 12 residential townhomes. Commercial Building ‘E’ and the 12 residential townhomes have been constructed. The area identified for the development of commercial Building ‘F’ is the location of this proposed 31-unit residential condominium project.
The Planning Commission is the final decision-maker on this project unless the Commission’s decision is appealed to the City Council.
Density Bonus
The proposed project is located within Planning Area C-2 of the San Elijo Hills Specific Plan area. Planning area C-2 allows for mixed-use projects, commercial, and multi-family residential development at a density up to 25.0 dwelling units per acre (du/ac), resulting in the allowance of up to 15 units for the property. The applicant is requesting stacked density bonuses for an increase in density to 53.8 du/ac as allowed under San Marcos Municipal Code (SMMC) Chapter 20.305 of the Zoning Ordinance and State Government Code Section 65915. Granting the density bonus allows for 16 additional units resulting in a total of 31 units for the project. A density bonus may be granted for residential projects providing housing through the establishment of a Density Bonus Housing Agreement with the City.
In accordance with State requirements, residential projects are eligible for a 50 percent density increase if at least 15 percent of the proposed units are dedicated to very low-income households. The project will provide three (3) units available for sale to very low-income households, which equals 20 percent of the base unit allowance or 10 percent of the total units. California State Assembly Bill AB1247 (effective January 1, 2024) amended density bonus law to allow an additional density bonus on top of the initial density bonus. Residential projects are eligible for an additional 50 percent density increase if at least 15 percent of the proposed units are dedicated to moderate-income households. In addition to the three (3) very low-income units, the project will provide three (3) units available for sale to moderate-income households, which equals 20 percent of the base unit allowance or 10 percent of the total units. Therefore, the applicant’s request for a 100 percent (50%+50%) density increase to 53.8 du/ac complies with the density bonus requirements of the City and State.
The affordable units will be subject to a restrictive covenant ensuring that the units will remain affordable for at least 55 years as stipulated by an Affordable Housing Agreement with the City. The proposed project will provide further opportunities for affordable housing by providing six (6) affordable units within the City. As a result, the project implements Goal 2 (Protect, encourage, and provide housing opportunities for persons of lower and moderate incomes) of the General Plan Housing Element and Implementing Program 2 (Facilitate affordable housing construction).
In accordance with California Government Code Section 65915, residential projects that are granted a density bonus may also request specific incentives, concessions, or waivers from city standards for development of the project. Per Section 65915, when at least 15 percent of the units (excluding density bonus units) are dedicated to very low-income households, a project may request three (3) incentives or concessions in addition to the unlimited qualifying waivers from development standards. Incentives or concessions are deviations from development standards or code requirements that result in project cost reductions.
The applicant is not requesting any incentives or concessions but is requesting three waivers from development standards which includes reducing building setbacks from all property lines, increasing the number of stories allowed from three stories to five stories, and increasing the building height allowed from 45 feet to 64 feet. A waiver of certain development standards is one that would physically preclude the construction of the project. A waiver or reduction of a development standard does not count as an incentive or concession and there is no limit on the number of development standard waivers that may be requested or granted.
The San Elijo Specific Plan requires a building setback of at least 10 feet measured from the property line along both frontages of San Elijo Road. The north building setback is proposed to be reduced from 10 feet to 4.4 feet, and the south building setback is proposed to be reduced to as low as 1.5 feet from the property line. The property line is located approximately 10 feet behind the face of the curb along both road frontages. Many of the existing trees within the right-of-way will remain and additional trees and shrubs will be located on the project site between the right-of-way and the building as shown on the project’s conceptual landscape plan. Applying the 10-foot setback development standard of the San Elijo Specific Plan would physically preclude construction of the project, which incorporates efficient functional and efficient design to achieve the proposed number of units on the 0.576-acre triangular-shaped site.
The applicant has also requested waivers to increase the story maximum from three stories to five stories and maximum building height from 45 feet to 64 feet. The proposed project consists of three to four stories of residential building above a partially subgrade parking garage. The northeast end of the building is three stories in height, whereas the southwest end of the building is five stories in height (including the parking garage). Building height ranges from 44 feet on the northeast end to 58 feet on the southwest end. A height of 64 feet is proposed to the top of the elevator and stair tower which is set back from the building edge. Similar to the setback reduction waiver, the story and height maximum of the San Elijo Hills Specific Plan would physically preclude construction of the project, which incorporates efficient functional and efficient design to achieve the proposed number of units on the 0.576-acre triangular-shaped site.
The City is not permitted to apply any development standard or code requirement that physically precludes the construction of the project at its permitted density (including density bonus units) and with any granted concessions/incentives. However, the City is not required to waive or reduce development standards or code requirements that would cause a specific public health or safety problem, cause a specific environmental problem, harm historical property, or would be contrary to State or Federal law. As the reduced setbacks and increased stories and height do not result in any of the impacts described above, the City must grant these waivers.
The Specific Plan includes a cap of 3,466 total units across all planning areas. City records indicate that approximately five units remain available under this cap. However, State Density Bonus Law expressly provides that the granting of a density bonus does not require a general plan amendment, specific plan amendment, zoning change, or any other discretionary approval. The law is to be interpreted liberally in favor of producing the maximum number of housing units. Consequently, the project may exceed the remaining unit allocation under the Specific Plan because State law supersedes the local density cap and requires the use of the highest applicable base density for purposes of bonus calculation.
According to State Government Code Section 65915 related to Density Bonus projects and Section 65589.5 related to the Housing Accountability Act (HAA), the City cannot deny a qualifying housing development project or apply any development standard that physically precludes the construction of the project as proposed at its permitted density and with the granted concession and incentives unless specific findings can be made.
The City shall not be required to approve a qualifying housing development project or waive or reduce development standards if the housing development project as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households. A “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
City staff concurs with the applicant’s Density Bonus Justification Letter (Attachment G) and staff has determined that the project, as proposed, does not create any specific, significant adverse impacts that violate objective written public health or safety standards or policies in place as of the date the application was deemed complete.
Site Development Plan (SDP)
The proposed residential condominium project consisting of 31 multi-family dwelling units would result in a residential density of 53.8 dwelling units per acre (du/ac). Under the Site Development Plan (SDP24-0009), the project design has been reviewed for compliance with the development standards of the Zoning Ordinance, the San Elijo Hills Specific Plan, and other regulatory provisions. The SDP addresses the design of the condominium building, associated common open space and residential amenities, and the floor plans and elevations of the project. Site and architectural plans for the proposed project are included in Attachment D.
Architecture/Floor Plans
The proposed site plan consists of one, three- to five-story building consisting of 31 condominiums and a common roof deck area. The northeast end of the building is three stories in height, whereas the southwest end of the building is five stories in height (including the parking garage). Building height ranges from 44 feet on the northeast end to 58 feet on the southwest end. A height of 64 feet is proposed to the top of the elevator and stair tower which is set back from the building edge. The condominiums will have 20 one-bedroom units and 11 two-bedroom units ranging in size from 665 to 930 square feet. Access to all units will be provided by common interior-facing corridors. The building is designed with a contemporary architectural style with flat and pitched roof elements, stucco and brick veneer exterior materials, wall articulations, and exterior facing balconies with metal railings. Solar panels and mechanical equipment will be located on the roof and will be screened by parapet walls. A passive recreation area is located at-grade, and a common roof deck amenity area is located on the southwestern end of the building.
Affordable Housing
The proposed project will include three (3) units available for sale to very low-income households and three (3) units available for sale to moderate-income households. It is anticipated that three (3) of the affordable units will be one-bedroom units and the remaining three (3) affordable units will be two-bedroom units. However, as stated in the conditions of approval, the unit mix will be finalized through an affordable housing agreement with the City. The agreement will restrict three (3) of the units for sale to very low-income households earning less than 50% of area median income (AMI) and three (3) of the units for sale to moderate-income households earning less than 120% AMI for a period of 55 years.
Open Space/Landscaping
Each residential unit for the project is designed with a 60 to 125-square-foot balcony for private open space which exceeds the 50 square-foot requirement for multi-family projects per the San Elijo Hills Specific Plan. In addition to private balconies, the project includes a passive recreation area at ground level and a roof deck area available to residents. The landscaping for the project will include a mixture of trees, shrubs, and ground cover to enhance the proposed building. Seven (7) trees will be planted with the project and only one (1) existing tree is anticipated to be removed. Approximately 25 existing street trees will remain in the public right-of-way along the project’s frontage. All on-site landscaping will be maintained privately and will be required to comply with the City’s Landscape Water Efficiency Ordinance (SMMC Chapter 20.330). All proposed landscaping within the right-of-way for San Elijo Road be publicly maintained. A conceptual landscape plan has been provided in the project plans Attachment D.
Grading/Utilities
A grading permit will be required to be issued prior to on-site grading. Grading will include approximately 805 cubic yards (CY) of cut material and 860 CY of fill, requiring a net import of approximately 55 CY of material. Due to the topography of the project site, stem walls extending down below the first level of residential units to the ground are provided at varying heights around the perimeter of the building. Landscaping is proposed in front of these walls to minimize their appearance along all frontages of San Elijo Road. Water and sewer service for the proposed project will be provided by the Vallecitos Water District by connecting to existing service lines on-site and within San Elijo Road.
Parking and Circulation
The project is subject to the maximum parking ratios established by density bonus law which require no more than one parking space per 1-bedroom unit and 1.5 parking spaces per 2-bedroom unit. No on-site guest parking is required. Using these parking ratios, the proposed project requires a total of 37 parking spaces. The project will provide 21 parking spaces on-site which includes 11 open parking spaces and 10 spaces within a parking garage. Two of the 21 on-site parking spaces are accessible, and the project includes one (1) parking space with Level 2 electric vehicle (EV) chargers and 20 EV-ready parking spaces. The remaining 16 spaces are counted within existing parking areas mainly located along San Elijo Road. San Elijo Specific Plan Section IV.G. - Collective Parking Standards, allows development within Planning Area C-2 to use on-street parking to satisfy up to 50% of required parking. Although the Specific Plan does not require specific on-street parking spaces to be identified for projects utilizing up to 50% street parking, a parking analysis has been provided in Attachment H.
The project will be accessed from two driveways: an existing driveway on San Elijo Road South that is shared with the adjacent residential development and a new driveway along San Elijo Road North. Each driveway only permits right or left turning movements to/from each one-way street. The project design provides adequate on-site circulation for emergency vehicles as shown on Sheets C1.2a - C1.2d of the project plans (Attachment D). Sidewalk connections for pedestrians to the existing sidewalks on San Elijo Road have been incorporated in the project site design.
Tentative Subdivision Map (TSM)
The Tentative Subdivision Map (TSM26-0001) would allow for the creation of up to 31 residential condominium units on the existing 0.58-acre lot. No additional right-of-way or other boundary adjustments are required or proposed with the Tentative Subdivision Map.
Environmental Review
In accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared for the San Elijo Hills Specific Plan (formerly known as the San Elijo Ranch Specific Plan) in 1990. Since 1990, a subsequent EIR was adopted in 1997, and addenda to the EIR were adopted in 2003 and 2005.
In 2018, a Site Development Plan (SDP17-0007) was approved (Resolution ADM 18-4731) for a portion of Planning Area C-2 which included an approximately 8,000-square-foot commercial building (Building E), an approximately 3,745-square-foot commercial building (Building F) and 12 residential townhomes. Commercial Building E and the 12 residential townhomes have been constructed. The area identified as Commercial Building F is the location of this proposed 31-unit residential condominium project. On September 18. 2018, Administrative Resolution ADM 18-4731 was signed finding that the development proposed by SDP17-0007 was within the scope of the San Elijo Hills Specific Plan EIR and subsequent addenda and also concluded that SDP17-0007 was categorically exempt from CEQA (EX18-029) pursuant to Section 15332 of the State CEQA Guidelines (Class 32 - In-Fill Developments).
Similar to SDP17-0007 described above, the proposed project (SDP24-0009) qualifies for a Categorical Exemption (EX25-034) pursuant to Section 15332 of the State CEQA Guidelines (Class 32 - In-Fill Developments). In general, for projects to qualify under Section 15332, projects must be consistent with the General Plan designation and applicable policies, located on a site no greater than five acres and surrounded by urban uses, have no value as habitat for endangered, rare, or threatened species, not result in significant effects related to traffic, noise, air quality or water quality, and the site can be served by all required utilities and public services. Several exceptions to this exemption apply which generally include significant cumulative impacts, significant effects on the environment due to unusual circumstances, impacts to scenic resources, hazardous waste sites, and significant impacts to historical resources. The sections below briefly summarize how the project complies with the applicable CEQA Class 32 exemption provisions.
Class 32 Exemption Qualifications
15332(a): General Plan & Zoning Consistency
“The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations”.
The project has a General Plan Land Use and zoning designation of Specific Plan Area (SPA) and is located within Planning Area C-2 of the San Elijo Hills Specific Plan (SEHSP). Planning Area C-2 allows for a mix of uses including multi-family residential development at a maximum density of 25 dwelling units per acre (du/ac). Although the proposed multi-family project exceeds the 25 du/ac maximum, the project qualifies for additional density through State Density Bonus Law which is discussed in the Density Bonus section above. With approval of the requested density bonus waivers, the project is consistent with the General Plan and zoning designation, including the provisions within the SEHSP.
15332(b): Project Location, Size & Context
“The proposed development occurs within city limits on a project site of no more than 5 acres substantially surrounded by urban uses”.
The project site is less than five (5) acres (0.576-acre) and is surrounded by urban uses such as residential townhomes adjacent to the southwest, San Elijo Middle School to the southeast, San Elijo Park to the northwest, and located within the developed San Elijo Hills Specific Plan “Town Center” area. Therefore, the project complies with this qualification.
15332(c): Endangered, Rare of Threatened Species
“The project site has no value as habitat for endangered, rare or threatened species”.
Development of the project site has been contemplated since adoption of the SEHSP in 1990 and analyzed in numerous CEQA documents. The project site has been mass graded and the vegetation on the project site is maintained through periodic mowing. The project has no significant value for habitat for endangered, rare or threatened species and complies with this criterion.
15332(d): Traffic
“Approval of the project would not result in any significant effects related to traffic”.
The SEHSP EIR and addenda analyzed traffic impacts for the buildout of the SEHSP area. The project site is located within the Town Center Planning Area of the SEHSP. The Town Center Planning Area was planned for 13.2 acres of Commercial Community/Shopping Center use in the SEHSP EIR, which translates to an anticipated trip generation of 9,240 average daily trips (ADT) with 277 AM peak hour trips and 924 PM peak hour trips. To date, approximately 10.7 acres of commercial community/shopping center have been developed in the Town Center Planning Area, which corresponds to 7,498 ADT. This means there is still capacity of 1,742 ADT within the Town Center Planning Area, with the project site being the only undeveloped parcel. As shown in the project’s traffic analysis (Appendix B of Attachment F), the addition of the proposed 31 condominiums would generate less ADT (186) and AM (15) and PM (17) peak-hour trips than previously analyzed in the SEHSP EIR. When the proposed project 186 ADT is added to the 7,498 ADT from the already developed areas of the Town Center Planning area, the combined ADT would still be 1,556 ADT less than what was assumed in the EIR, which is a 17% reduction. As the project will result in less traffic than analyzed in the prior CEQA analysis, the proposed project satisfies this criterion.
15332(d): Noise
“Approval of the project would not result in any significant effects related to noise”.
A noise assessment was prepared by LDN Consulting (Appendix C of Attachment F) that analyzed construction noise, exterior noise, and interior noise, for compliance with City regulations. The analysis concluded that the project would meet City standards with the identified project features and therefore complies with this qualification.
15332(d): Air Quality
“Approval of the project would not result in any significant effects related to air quality”.
An air quality analysis was prepared for the project by LDN Consulting (Appendix D of Attachment F) that analyzed construction emissions, operational emissions, and air toxics analysis. The analysis concluded that construction and operations air emissions for the proposed project would be below screening level thresholds and impacts would be less than significant and that construction health-risks would also be less than significant. Therefore, the project complies with this qualification.
15332(d): Water Quality
“Approval of the project would not result in any significant effects related to water quality”.
A drainage study and Storm Water Quality Management Plan were previously prepared for San Elijo Town Center - Phase 2, which covered the project site (Hunsaker 2019). Since the studies assumed development of the project site with a preschool, an update memorandum to the Hunsaker reports was prepared by Fusion Engineering and Technology. The reports and memo are included as Appendix E of Attachment F. The studies and memo concluded that with the project design features and implementation of a Stormwater Pollution Prevention Plan (SWPPP), the project would not result in significant impacts to water quality and therefore complies with this qualification.
15332(e): Utilities & Public Services
“The site can be adequately served by all required utilities and public services”.
The project site is within the Vallecitos Water District (VWD) service area for water and sewer. A VWD technical memorandum was prepared (Appendix F of Attachment F) analyzing and demonstrating that VWD has water and sewer capacity to service the project.
The project site will be served by the San Marcos Fire Department and is located approximately 2 miles from Fire Station 4. The project is required to comply with all applicable fire codes and is conditioned to utilize Type II.A. construction which will reduce that chances of combustion during a fire. Since the project would increase demand for fire services, the project will be required to participate in applicable Community Facilities Districts (CFDs) which contribute funds toward enhancement of fire facilities and fire protection services.
The project site will be served by the San Diego County Sheriff’s San Marcos Station and by the San Elijo Storefront Substation. Similar to fire services, the project will participate in applicable CFDs that fund police communication systems, police equipment and police services.
The San Marcos Unified School District (SMUSD) serves the project site, and the project is expected to generate nine students based upon the SMUSD generation rate. The project would be required to pay school mitigation fees at time of building permit issuance.
The project is located across the street from San Elijo Park with amenities such as lighted fields, dog park, play equipment, community building, and restrooms. Additionally, private on-site amenities include a ground-level passive recreation area and a community roof deck. Both existing off-site facilities and proposed on-site facilities will serve future residents.
With incorporation of project design measures and participation in applicable Community Facilities Districts (CFDs) and payment of applicable fees, the project site can be adequately served by water and wastewater provider (VWD), solid waste hauler (EDCO), school district (SMUSD), fire protection provider (SMFD), and police protection provider (San Diego County Sheriff’s Department). The project site is adjacent to an existing park and will provide both private and common open space within the project design. Therefore, the proposed project satisfies this criterion.
Exceptions to Exemption
15300.2(a): Location
“Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant….” This exception does not apply to projects found to be exempt under Class 32 (In-Fill Development).
15300.2(b): Cumulative Impact
“All categorical exemptions (such as Class 32 - In-Fill Development) are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.”
The project vicinity has been fully developed consistent with the San Elijo Hills Specific Plan. Approximately 0.5 miles southwest of the project site is the proposed Questhaven project (PDS202/TM5643) within the County of San Diego jurisdiction. The Questhaven project was approved and the EIR certified in 2024. The Questhaven project proposes 76 single family homes and 53 acres of preserved biological open space on an approximate 89-acre project site. When the project is considered in conjunction with the Questhaven project, no cumulative impact is anticipated. The project would not result in any impacts related to biological resources, greenhouse gas emissions, land use/planning, noise, transportation, vehicle miles traveled, or tribal cultural resource impacts. Therefore, it does not have the potential to contribute to cumulative impacts. The exception under CEQA Guidelines Section 15300.2(b) does not apply to the project.
15300.2(c): Significant Effect
“A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.”
Examples of "unusual circumstances" could include a project's unique location, size, or surrounding conditions, which create the reasonable possibility of a significant environmental impact. There are no known unusual circumstances applicable to the project or its site that may result in a significant effect on the environment. Therefore, the exception under CEQA Guidelines Section 15300.2(c) does not apply to the project.
15300.2(d): Scenic Highway
“A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.”
The project site is not located within the vicinity of a designated scenic highway segment. The site is vacant and has been mass graded. The project site does not support any historic buildings, nor does it have any trees or significant rock outcroppings. In summary, the project would not damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a highway officially designated as a state scenic highway. Therefore, the exception under CEQA Guidelines Section 15300.2(d) does not apply to the project.
15300.2(e): Hazardous Waste Sites
“A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.”
The project site is not located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code. Furthermore, a Phase 1 Environmental Site Assessment (ESA) was prepared for the larger San Elijo Town Center which included the project site. The Phase 1 ESA concluded that there was no evidence of recognized environmental conditions in connection with the project site and no additional environmental investigation at the project site was warranted. Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the project.
15300.2(f): Historical Resources
“A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.”
The project site does not support any known historical resources, and the site was mass graded in 2017 and regraded again under previous entitlements. The project site is within the larger SEHSP area. The 1990 EIR and 1997 FSEIR identified significant impacts related to cultural resources for the overall SEHSP area, including identified sites and potentially unknown archaeological resources (FSEIR, Section 3.4 Cultural Resources). Mitigation measures, including archaeological monitoring, testing, and implementing a data recovery program, were identified to reduce impacts to below a level of significance and were implemented during previous site grading.
Conclusion
In summary, the proposed project meets all qualifications for a Class 32 categorical exemption (In-Fill Development) and no exceptions to the exemption are applicable to the proposed project/project site. A detailed CEQA analysis was prepared by a consultant listed on the City’s pre-screened qualified environmental consultant list (Sophia Mitchell & Associates, LLC) and is included in this report as Attachment E, with supporting reports and studies included as Attachment F.
Public Comment
The City conducted a public workshop that was noticed and held on January 23, 2025. Approximately 60 members of the public attended the workshop. A brief presentation was made by City staff and the applicant’s representatives. Questions and comments were received from the public following the presentations. A summary of the public workshop prepared by the applicant team is attached as Attachment I. Written public comments received throughout the entitlement process have been included as Attachment J. Many public comments received are associated with traffic, parking, building mass, and public safety (emergency access/fire protection, evacuations, vehicle sight distance, roof deck, and construction impacts). A response to notable comments is included below.
Emergency Access / Fire Protection
Comments have been received stating that the project does not provide for adequate on-site emergency vehicle circulation and contributes to potential fire impacts within the San Elijo Hills Specific Plan area. Fire department access, emergency egress, and water supply were reviewed and approved by City Fire Department staff (with applicable conditions of approval) and Sheets C1.2a - C1.2d of the Development Plans (Attachment D), show on-site emergency vehicle turning movements. As part of the City’s ongoing commitment to community safety and resilience, the City is requiring the project to use modern construction techniques that significantly enhance fire protection. The development is conditioned to incorporate fire-resistant construction materials and design elements that reduce ignition risk, in line with updated state fire maps that reflect increased wildfire hazards. Fire-resistant construction materials, in conjunction with modern construction techniques, should reduce the need to stage emergency response vehicles within the San Elijo Road rights-of-way. These measures help safeguard this project and reduce potential impacts on emergency evacuations.
Evacuations
Many residents have expressed concerns that adding any new residential units will contribute to impacted evacuation times based on previous fire events where San Elijo Hills residents have evacuated. Some residents have requested that an evacuation plan/study be completed prior to a decision on the project. No separate evacuation plan has been prepared specifically for this development. Evacuation is coordinated across San Elijo Hills, and the project’s access and emergency egress were reviewed during entitlement. Two Community Wildfire Protection Plans support the broader community effort. The City’s 2024 CWPP identifies San Elijo Hills among its highest fire-risk priority communities and lists San Elijo Elementary as a Temporary Refuge Area. The San Elijo Hills Fire Safe Council also completed a community-specific CWPP, approved in December 2025, that includes evacuation mapping and is publicly available on its website. The Council has made substantial progress, including helping achieve Firewise USA recognition across all three community zones.
These plans support preparedness and evacuation coordination. They do not establish how long it would take the community to evacuate or quantify the additional evacuation demand from this development. During an emergency, the routes and refuge areas used depend on incident conditions and direction from public safety officials. Additionally, the City of San Marcos contracts with the San Diego County Sheriff’s Department for police services and the Sheriff is responsible for coordinating evacuations. The Sheriff’s Department does not foresee a significant hazard by these additional residences being added to the community. New residents should be encouraged to sign up for Alert San Diego and Genasys Protect which has been used to facilitate early and orderly evacuations when needed.
Traffic
Comments have been received regarding potential impacts from increased traffic due to the 31-unit condominium project. The San Elijo Hills Specific Plan and the Specific Plan EIR, and subsequent addenda, analyzed and approved construction of a mixture of uses within the Town Center Planning Area totaling 9,240 average daily trips (ADT). As demonstrated in the project’s Traffic Analysis Form TIA-1 prepared by CR Associates, and as described in the CEQA analysis prepared by Sophia Mitchell & Associates (Attachments E & F), the ADT within the Town Center Planning Area, with the proposed project would be 7,684 ADT. This is 1,556 ADT below what was approved with the San Elijo Hills Specific Plan and associated environmental analysis. Furthermore, the project site is already approved for a 3,745-square-foot commercial building (SDP17-0007) which could result in approximately 562 ADT if developed as a retail market or 599 ADT if developed as a restaurant. The proposed 31-unit condominium project generates 186 ADT which is significantly less than most commercial uses. Therefore, the proposed project is consistent with the EIR traffic analysis for the San Elijo Hills Town Center and less ADT than a commercial use on the site.
Parking
Lack of on-site parking has been a common public concern. Since the project qualifies as a State Density Bonus project, the City is prohibited from requiring parking that exceeds the maximum parking ratios listed in California Government Code Section 65915 and San Marcos Municipal Code Section 20.305.060.C. As described in the Parking and Circulation subsection of the Site Development Plan section above, the project meets applicable parking requirements including the number of parking spaces and location of parking spaces which includes a Specific Plan allowance for up to 50% of required parking to be located on the street for projects within the town center area (Planning Areas C-2 and H-2).
Building Mass
The project is designed as a three- to five-story building on the sloped site. Concerns have been raised regarding the building’s larger mass compared to other buildings in the area. The building has been designed so that the building mass is reduced at the higher point of the site instead of stepping up the building as the grade increases. The northeasterly elevation appears as a three-story building, and the elevations along San Elijo Road generally appear as a four-story building. The building appears as a five-story building at the southwesterly elevation which includes the parking garage. Residential units are provided on floors two through five. As described in the Density Bonus section above, the applicant has requested waivers to increase the story maximum from three stories to five stories and maximum building height from 45 feet to 64 feet. The City is not permitted to apply any development standard or code requirement that physically precludes the construction of the project at its permitted density (including density bonus units) and with any granted concessions/incentives. However, the City is not required to waive or reduce development standards or code requirements that would cause a specific public health or safety problem, cause a specific environmental problem, harm historical property, or would be contrary to State or Federal law. A building height exhibit which shows the proposed building in relation to other surrounding buildings has been included on Sheet A-10 of the Development Plan package (Attachment D).
Vehicle Sight Distance
The proposed project will take access from an existing driveway on San Elijo Road South and a new driveway on San Elijo Road North. Concerns have been expressed that the project has not evaluated sight-distance from these driveways or that sight-distance is inadequate and a safety hazard. The existing driveway on San Elijo Road South currently serves 12 residential townhomes and was also approved to serve a 3,745-square-foot commercial building (SDP17-0007). The proposed driveway from San Elijo Road North was also shown in the proposed location on the previously approved SDP. Both driveway locations were evaluated for sight-distance and approved on the previously approved SDP. City Traffic staff have reviewed sight-distance requirements for the proposed driveway concurrently with this entitlement and have found that the driveway meets applicable public safety standards for sight-distance.
Roof Deck
A community roof deck is proposed for residents of the project at the southwestern portion of the building. There have been concerns that the roof deck overlooks San Elijo Middle School and could be a safety threat to the school. In response, the applicant has redesigned the roof deck to have an eight-foot wall placed along the elevation facing the middle school, blocking the view from the roof deck. The applicant has also stated that access to the roof deck would not be open to the general public. The project is also conditioned to install a camera system and controlled building access to assist with on-site security.
Construction Impacts
Temporary construction impacts could be a concern if building materials and/or equipment locate within the travel lanes of San Elijo Road, potentially restricting traffic flow in the event of an emergency. The developer will be required to obtain approval from City Land Development Engineering Division staff and City Traffic Division staff regarding any haul routes and construction staging areas proposed within City rights-of-way to ensure public impacts are minimized to the extent feasible.
Attachment(s)
Resolutions:
1. Resolution PC 26-5234 (Site Development Plan SDP24-0009) to allow the construction of a 31-unit residential condominium building utilizing the State of California’s Density Bonus provisions.
2. Resolution PC 26-5235 (Tentative Subdivision Map TSM26-0001) to allow up to 31 residential condominium units on one lot.
A. Vicinity Map
B. Requested Entitlements
C. Site & Project Characteristics
D. Project Plans
E. CEQA Infill Exemption
F. CEQA Infill Exemption Appendices
G. Density Bonus Justification Letter
H. Parking Analysis
I. Community Engagement Report
J. Public Comments
Prepared by: Chris Garcia, Principal Planner
Reviewed by: Kyrenne Chua, Principal Civil Engineer
Submitted by: Joseph Farace, Planning Division Director