Escalon City Council
May 5, 2025

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ITEM NO. 6

COUNCIL AGENDA ITEM
FOR MAY 5, 2025
Prepared By: Jaylen French, City Manager
Date: April 11, 2025
Subject: Introduce and Waive the First Reading, and Conduct a Public Hearing to consider Ordinance No. XXX, establishing a Planned Development zone district (PD-4) for the development of a two-story, 17-unit apartment building including 1,800 square feet of service commercial space located at 2304 Jackson Avenue (APN 227-270-017). CEQA Class 3 Categorical Exemption under Section 15332, Infill Development
RECOMMENDATION:

Conduct a public hearing; and if approving, introduce and waive the first reading of Ordinance No.

XXX, adopting an amended City of Escalon zoning map and establishing a Planned Development zone district for the development of a two-story, 17-unit apartment building including 1,800 square feet of service commercial space; and accept the project as exempt from the California Environmental Quality Act (CEQA) under Section 15332, Infill Development.

BACKGROUND AND DISCUSSION:

The project applicant, Gurmat Lions, Inc., a general developer, has developed and owns various commercial properties throughout San Joaquin County. The project applicantseeks to develop a mixed use development including a two-story, 17-unit apartment complex and 1,800 square feet of service commercial space, comprised of two (2) 900 square foot commercial pads. The 0.89 acre property located on the northeast corner of Jackson Avenue, State Route 120 and Elisabeth Avenue, will consist of:
(2) - 900 square foot commercial pads
(4) - one bedroom, two bath units of 856 square feet
(2) - two bedroom, two bath units of 1,034 square feet
(10) - two bedroom, two bath units of 937 square feet
(1) - three bedroom, two bath unit of 1,116 square feet The project applicant seeks approval of a Planned Development, which would rezone the subject property from C-2, Community Commercial to PD, Planned Development.

The Planned Development Zoning District is proposed for the subject property to accommodate the

development of multi-family dwellings per Section 17.11.040, permitted uses in the EMC. Multi-family dwellings are permitted in a C-2 zone with a preliminary development plan. A preliminary development plan is a requirement of a Planned Development.

ZONING: The subject area is currently zoned C-2, Community Commercial.

The purpose of the Planned Development (PD) zone is to:

1. Promote diversity in the design of and diversification in the relationship between various buildings, structures, uses, and open space by permitting variations from the density, height, and other standards in the various zones.

2. Simplify and streamline the processing of development proposals by concurrently reviewing land use, subdivision, public improvements and design considerations

3. Encourage a higher standard of performance and design than would otherwise be allowed

4. Design flexibility by using performance standards

5. Promote mixed use development as a means of optimizing land utilization

6. Encourage diversity in housing types, styles and prices

7. Ensure the provision of adequate public facilities, services and amenities in the design of development projects.

Affordable Housing
This project is subject to the City’s affordable (inclusionary) housing ordinance (EMC 17.50). The affordable housing ordinance requires that between 10 and 15 percent of all housing units in any new development be available for persons and households of low or moderate income. Based on the proposed 17 residential units for this project, two (2) units need to be deed restricted for a moderate or low income individual, or an in-lieu fee be paid. The developer will enter into an inclusionary housing agreement that shall be executed and recorded pursuant to this chapter as a condition of approval. If the developer opts to deed restrict the units affordable, the administration of the Jackson Avenue Apartments affordable housing program shall be conducted by a third party professional approved by the City. Any fees paid to the third party professional for this program shall be paid by the development. City Staff will work with the developer to ensure a program is in place so that the fees are covered by the development for the life of the deed restriction.

Planning Commission Deliberation:

The Escalon Planning Commission, at their March 11, 2025 regular meeting, held a Public Hearing and considered the proposed project. At that meeting, the Commission voted 2-1 to recommend denial to the Escalon City Council. Public comments and Planning Commission discussion are documented in the attached meeting Minutes.

Project Facts Presented to the Planning Commission:

The site and architecture approval process is intended to protect the integrity and character of the residential, commercial, and industrial areas of the city and to provide the city with the opportunity to review detailed plans and establish alternative site development standards. Achievement of the following goals is important in order to maintain the economic welfare and stability of the city and to preserve the health, safety and welfare of its citizens:

1. Quality design and proper siting of structures, complementing the city environment; and

2. Preservation of open spaces in the form of landscaped building setbacks, recreational areas, malls, plazas and pedestrian areas.

City staff has reviewed the proposed site layout and architectural detailing of the project and find it in conformance with Section 17.54 of the EMC.

SITE AND ARCHITECTURE
Site
The 0.89-acre project site is located on the northeast corner of Jackson Avenue, State Route 120 and Elisabeth Avenue. The proposed site improvements include one (1) mixed use building including 11 apartment units and two (2) commercial pads, and one multi-family residential building with six (6) apartment units, associated landscaping, a 2,608 square foot common area for residents including a seating area and pergola and tot lot play structure, on-site storm drain system improvements, connections to City water and sewer systems, a trash enclosure, 42 total parking spaces, including eight (8) for the commercial area, 15 covered spaces and 19 open parking spaces, paved driveway area and lighting, 15 storage rooms for bikes as well as 4 short term bike locker spaces, six (6) electric vehicle charging connections, parking stall striping and security fencing.

Residential Buildings
The applicant is proposing construction of one (1) mixed-use building including 11 apartment units and two (2) 900 square foot commercial pads, and one multi-family residential building with six (6) apartment units with both buildings totaling 13,711 square feet. The one-bedroom units (860 square feet) include a full kitchen, walk-in closet, full bathroom and washer and dryer. The two-bedroom units (937 and 1040 square feet) include a full kitchen, two full bathrooms and washer and dryer. Exterior finishes include asphalt shingles, wood siding, 3 coat stucco, and overhangs.

Density
The applicant is proposing 17 residential units, and two (2) 900 square foot commercial pads on a lot of

0.89 acres in size. As a Planned Development, the developer is not strictly constrained to a density range allowed in the City’s various residential zones. However, for comparison, Jackson Avenue Apartments would fit most closely with the R-3 zone at approximately 19 units per acre.

Parking
# of
Residential
Units
Parking Requirements (EMC 17.43.020)
Parking
Spaces
Required
Bicycle
Parking
Required
17 Multiple-unit dwellings: One and one-half times the
number of living units in such dwellings, plus onehalf visitor parking space per unit. Bicycle racks or storage lockers to accommodate one bicycle per three
34 (+ spaces for
commercial
property)
6

units.
1,800 sq.ft.

Retail and commercial stores and shops: One parking
space for each 250 square feet of gross floor area, plus bicycle racks or storage lockers to accommodate one
bicycle per 500 square feet up to 5,000 and one per
1,000 square feet above 5,000
8 4
The required parking for the project is 42 vehicle spaces and 10 bicycle spaces. The project meets this requirement by providing 42 vehicle spaces and exceeding the bicycle requirement with 19 spaces.

GROWTH MANAGEMENT RESTRICTION
The developer is required to apply for building permit allocations for this project’s residential units under EMC 15.04.

Project Conditions
To address Escalon Municipal Code Section 17.12.040 and 050, regarding two story developments adjacent to existing residential properties, the applicant has provided the following response: the residential building has been located along Elisabeth Avenue, which is furthest from the adjacent residential areas, approximately 40 feet away. Additionally, a 10-foot tall wall screens views to the existing residential area. Only one window and no decks have been proposed facing the existing residential, and trees have been added to screen the homes.

The City has requested, and the applicant has agreed, to maintain a property management company to manage the lease agreements and ensure ongoing property maintenance. The applicant has retained Coldwell Banker Valley Center Property Management.

Community Workshop
On November 9, 2023, the project applicant held a community workshop at the Escalon Library to inform the public of the project and all questions.

The project meets all the design standards of the Escalon Multi-Family & Senior Residential Design Guidelines, adopted October 2022.

ENVIRONMENTAL ANALYSIS:

The City Council finds that this project is exempt from CEQA pursuant to the Class 32 categorical exemption for infill development (Section 15332 of the CEQA Guidelines). This exemption is applicable for the following reasons:

1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, for the reasons detailed in this report.

2. The proposed development is located wholly within city limits, the project is less than five

acres, and the project is fully surrounded by urban uses.

3. The project site has no value as habitat for endangered, rare or threatened species.

4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

5. The site can be adequately served by all required utilities and public services.

PUBLIC OUTREACH:

Notice of Public Hearing
• Sign Board: Posted on property January 15, 2025
• Mailed: April 1, 2025 to every property owner, as noted on the latest assessor's records, within 1,200 feet of the subject site. • Website: Posted on March 26, 2025 to the Public Notices page. • Facebook: Posted on April 4, 2025.
• Newspaper: Appeared in the Escalon Times newspaper on March 26, 2025.

Project Comments Received
The Minutes from the March 11, 2025 Escalon Planning Commission meeting are provided as an attachment to this staff report. The Minutes include comments received during the Public Hearing before the Planning Commission.

On April 7, 2025, the Escalon City Council held a Special Meeting/Community Workshop to collect resident input on the proposed project. The Minutes from that meeting are attached to this staff report as well.

There was one question posed at the Workshop that was not directly addressed at the Workshop, and therefore is being added to the Staff Report for reference by the City Council and public.

1. Does the Escalon Unified School District have sufficient capacity to accommodate this development?
According to the EUSD Superintendent, the District has capacity to accommodate this project.

At the publication of the agenda, Staff received one public comment via email which is attached as an exhibit.

Project comments received by other agencies and departments are attached to the staff report or their comments are incorporated into the Conditions of Approval.

FISCAL IMPACT:

If approved, the project proponent will fund all infrastructure and pay all development impact fees

required to connect the development to the City’s infrastructure systems; therefore, the City will not be responsible for this fiscal impact. Further, the project will improve a vacant property which will increase property tax revenue, and will include the development of commercial businesses, which will increase sales tax revenue. Conversely, subsequent to development, the City becomes responsible for providing all ongoing city services to serve the project and the residents within the development, which will impact the City’s general fund.

RECOMMENDATION:

1. Open the public hearing and take any public testimony on the item;

2. Close the public hearing and make any closing comments;

3. Make a motion to place Ordinance XXX, establishing a Planned Development zone district for the development of a 17-unit mixed-use multi-family/commercial community on the May 5, 2025 Council meeting for consideration of the Second Reading and adoption. a. Find the project CEQA Categorically Exempt under Section 15332 In-Fill Development and authorize staff to file the Notice of Exemption (NOE).

Exhibits:

A. March 11, 2025 Planning Commission Staff Report and Exhibits B. Approved Planning Commission Minutes of March 11, 2025 C. Draft Escalon City Council Special Meeting Minutes of April 7, 2025 D. Public Comment Letters Received
E. Fire Apparatus Turning Radius Site Plan
F. Ordinance XXX establishing Planned Development zone district (PD-4) G. Draft CEQA Notice of Exemption (NOE)

CITY OF ESCALON

PLANNING COMMISSION
MEETING OF MARCH 11, 2025

EXECUTIVE SUMMARY
DATE: February 21, 2025
FROM: Jaylen French, City Manager
LOCATION: 2304 Jackson Avenue, Escalon, CA 95320 (APN 227-270-017) APPLICANT: Gurmat Lions, Inc.
27000 South Leeward Way, Tracy, CA 95304

PROPERTY
OWNERS: Gurmat Lions, Inc.

SUBJECT: Application 23-788
Recommendation to City Council regarding a Rezone to Planned Development & Site and Architecture Review & Environmental Analysis
Rezone property from C-2, Commercial to PD, Planned Development for the proposed construction of a two-story, 17-unit apartment development, including 1,800 square feet of service commercial space.

CURRENT GENERAL
ZONING: C2 – Community Commercial PLAN: Commercial
Use & Zoning: North: Residential, (R-1)
Surrounding Land East: Commercial, (C-2) and Residential, (R-1) South: Commercial, (C-2)
West: Commercial (C-2) and Residential, (R
FINDINGS REQUIRED: As required by EMC Sections 17.54.040 Findings for Site and Architecture:

A. The use or activity is an allowed use within the zoning district of the proposed project site.

B. The site plan is consistent with provisions set forth in this chapter, the Escalon general plan, and other plans and policies adopted by the Escalon city council.

AGENDA
ITEM
2 EXHIBIT A

COUNCIL

C. Building Architecture.

1. Building architecture promotes variety through the use of scale, bulk, and building height, and features such as facades, projections, offsets, roofs, and overhangs, are an integral part of the design;

2. Building architecture makes generous use of a variety of building materials, color and texture;

3. Building architecture follows a design theme which unifies a group of related buildings while allowing for distinctive features which make similar uses recognizable from each other; and

4. Building architecture is consistent with plans and policies adopted by the Escalon city council.

D. Site Design.

1. Site plan elements, e.g., buildings, circulation and open spaces, are arranged on the site so that activities are integrated and harmonious with the neighborhood and surrounding area and are arranged to produce an attractive, efficient and cohesive development of sustained desirability;

2. Consider existing natural topography, natural watercourses and exposure to wind;

3. The site’s design and building arrangement provides for the greatest opportunity for solar access;

4. The project is designed to maximize the opportunity for privacy by the residents of the project and adjacent residential development;

5. The design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the project and surrounding area;

6. Driveway and parking systems provide smooth, safe, and convenient movement of vehicles, both on and off the site;

7. Contribute to the overall aesthetic quality of the site;

8. Adequate and conveniently located parking is provided and designed in a manner that discourages on-street parking;

9. Transit turnouts, shelters, landscape features, bicycle racks, shopping cart storage areas, newspaper racks, recycling facilities, and trash areas are

conveniently located and designed so as not to interfere with the flow of traffic and safety of vehicles and pedestrians;

10. There is adequate space for loading and unloading of persons, materials and goods;

11. The pedestrian circulation system is designed to assure that pedestrians can move safely and easily both on the site and between properties and activities within the neighborhood;

12. Incorporates design features to enhance convenience and safety across parking lots and driveways;

13. Outdoor lighting is provided which promotes pedestrian and vehicle safety and crime prevention and is confined to the site;

14. Recreational areas are accessible to the residential units they are intended to serve;

15. Signs complement the architectural theme of buildings, are an integral part of a site design, and are consistent with provisions set forth in this title;

16. The site design contributes to speedy access to all buildings for fire, medical and police response; and

17. The site design incorporates provisions for barrier-free access for the handicapped.

As required by Gov. Code Section 65860(a) for adoption of regulations.

ENVIRONMENTAL: CEQA Memorandum. The project proponent’s expert consultant, after a review of the materials and based on understanding of CEQA law, is of the opinion that the
appropriate level of environmental review is a Categorical Exemption in accordance with Section 15332 (Infill
Development Projects) of the CEQA Guidelines.

BACKGROUND AND OVERVIEW:

The project applicant, Gurmat Lions, Inc., a general developer, has developed and owns various commercial properties throughout San Joaquin County. The project proponent seeks to develop a mixed use developing including two-story, 17-unit apartment complex and 1,800 square feet of service commercial space (two, 900 square foot commercial pads). The 0.89 acre property located on the northeast corner of Jackson Avenue, State Route 120 and Elisabeth Avenue, will consist of:

2, 900 square foot commercial pads
4, one bedroom, two bath units of 856 square feet
2, two bedroom, two bath units of 1,034 square feet
10, two bedroom, two bath units of 937 square feet
1, three bedroom, two bath unit of 1,116 square feet
The project application seeks approval of a Planned Development, from C-2, Community Commercial to PD, Planned Development, as well as Site and Architecture per Section

17.54 of the Escalon Municipal Code (EMC).

The site and architecture approval process is intended to protect the integrity and character of the residential, commercial, and industrial areas of the city and to provide the city with the opportunity to review detailed plans and establish alternative site development standards. Achievement of the following goals is important in order to maintain the economic welfare and stability of the city and to preserve the health, safety and welfare of its citizens:

1. Quality design and proper siting of structures, complementing the city environment; and

2. Preservation of open spaces in the form of landscaped building setbacks, recreational areas, malls, plazas and pedestrian areas.

City staff has reviewed the proposed site layout and architectural detailing of the project and find it in conformance with Section 17.54 of the EMC.

The Planned Development Zoning District is proposed for the subject property to accommodate the development of multi-family dwellings per Section 17.11.040, permitted uses in the EMC. Multi-family dwellings are permitted in a C-2 zone with a preliminary development plan. A preliminary development plan is a requirement of a Planned Development.

ZONING: The subject area is currently zoned C-2, Community Commercial.

The purpose of the Planned Development (PD) zone is to:

1. Promote diversity in the design of and diversification in the relationship between various buildings, structures, uses, and open space by permitting variations from the density, height, and other standards in the various zones.

2. Simplify and streamline the processing of development proposals by concurrently reviewing land use, subdivision, public improvements and design considerations

3. Encourage a higher standard of performance and design than would otherwise be allowed

4. Design flexibility by using performance standards

5. Promote mixed use development as a means of optimizing land utilization

6. Encourage diversity in housing types, styles and prices

7. Ensure the provision of adequate public facilities, services and amenities in the design of development projects.

SITE AND ARCHITECTURE
Site
The 0.89-acre project site is located on the northeast corner of Jackson Avenue, State Route 120 and Elisabeth Avenue. The proposed site improvements include one (1) mixed use building including 11 apartment units and two (2) commercial pads, and one multi-family residential building with six (6) apartment units, associated landscaping, a 2,608 square foot common area for residents including a seating area and pergola and tot lot play structure, on-site storm drain system improvements, connections to City water and sewer systems, a trash enclosure, 42 total parking spaces, including eight (8) for the commercial area, 15 covered spaces and 19 open parking spaces, paved driveway area and lighting, 15 storage rooms for bikes as well as 4 short term bike locker spaces, six (6) electric vehicle charging connections, parking stall striping and security fencing.

Residential Buildings
The applicant is proposing construction of one (1) mixed-use building including 11 apartment units and two (2) commercial pads, and one multi-family residential building with six (6) apartment units with both buildings totaling 13,711 square feet. The onebedroom units (860 square feet) include a full kitchen, walk-in closet, full bathroom and washer and dryer. The two-bedroom units (937 and 1040 square feet) include a full kitchen, two full bathrooms and washer and dryer. Exterior finishes include asphalt shingles, wood siding, 3 coat stucco, and overhangs.

Density
The applicant is proposing 17 residential units, and two (2) 900 square foot commercial pads on a lot of 0.89 acres in size. As a Planned Development, the developer is not strictly constrained to a density range allowed in the City’s various residential zones.

However, for comparison, Jackson Avenue Apartments would fit most closely with the R-3 zone at approximately 19 units per acre.

Parking
# of
Residential
Units
Parking Requirements (EMC 17.43.020)
Parking
Spaces
Required
Bicycle
Parking
Required
17 Multiple-unit dwellings: One and one-half times the
number of living units in such dwellings, plus onehalf visitor parking space per unit. Bicycle racks or storage lockers to accommodate one bicycle per
three units.
34 (+ spaces for
commercial
property)
6 Retail and commercial stores and shops: One
parking space for each 250 square feet of gross
floor area, plus bicycle racks or storage lockers to
accommodate one bicycle per 500 square feet up to
5,000 and one per 1,000 square feet above 5,000
8 4

AFFORDABLE HOUSING
This project is subject to the City’s affordable (inclusionary) housing ordinance (EMC

17.50). The affordable housing ordinance requires that between 10 and 15 percent of all proposed housing units in any new development be available for persons or households of low or moderate income. Based on the proposed 17 residential units, two (2) units shall be deed restricted for a moderate or low income individual or an in-lieu fee be paid.

The developer is required to enter into an inclusionary housing agreement that shall be executed and recorded pursuant to this chapter as a condition of approval. If the developer opts to deed restrict the units affordable, the administration of the Jackson Avenue Apartments affordable housing program shall be conducted by a third party professional approved by the City. Any fees paid to the third party professional for this program shall be paid by the development. City staff will work with the developer to ensure a program is in place so that the fees are covered by the development for the term of the deed restriction.

GROWTH MANAGEMENT RESTRICTION
The developer is required to apply for building permit allocations for this project’s residential units under EMC 15.04.

Project Conditions
To address Escalon Municipal Code Section 17.12.040 and 050, regarding two story developments adjacent to existing residential properties, the applicant has provided the following response: the residential building has been located along Elisabeth Avenue, which is furthest from the adjacent residential areas, approximately 40 feet away.

Additionally, a 10-foot tall wall screens views to the existing residential area. Only one window and no decks have been proposed facing the existing residential, and trees have been added to screen the homes.

The City has requested and the applicant has agreed to maintain a property management company manage the lease agreements and ensure ongoing property maintenance. The applicant has retained Coldwell Banker Valley Center Property Management.

Community Workshop
On November 9, 2023, the project applicant held a community workshop at the Escalon Library to inform the public of the project and all questions.

The project before the Escalon Planning Commission meets all the design standards of the Escalon Multi-Family & Senior Residential Design Guidelines, adopted October 2022.

PUBLIC OUTREACH:

Notice of Public Hearing
• Sign Board: Posted on property January 15, 2025
• Mailed: February 19, 2025 to every property owner, as noted on the latest assessor's records, within 1,200 feet of the subject site. • Website: Posted on February 14, 2025 to the Public Notices page. • Facebook: Posted on February 19, 2025.
• Newspaper: Appeared in the Escalon Times newspaper on February 19, 2025.

Project Comments Received
Project comments received by other agencies and departments are attached to the staff report or their comments are incorporated into the Conditions of Approval.

SCHEDULE:

A 10-business day appeal period will begin upon the Planning Commission decision of the Site and Architecture Application, during which the Commission’s action may be appealed to the City Council (or called up to Council by a Councilmember), which would expire at 5:00 pm March 27, 2025. Dependent on Council’s decision of the Planned Development application, if approved and there is no appeal filed within that time perido, the applicant may proceed with the project. If denied and no appeal is filed, the decision of the Planning Commission is final.

Comments from the Public Hearing and Planning Commission’s recommendation will be presented at an upcoming City Council meeting for a final decision on the application.

Staff has reviewed the comments received from all agencies and has put together the proposed Conditions of Approval (Exhibit E). Per EMC 17.51.130, the Planning Commission may impose such reasonable conditions as it deems appropriate.

RECOMMENDATION:

1. Open the public hearing and take any public testimony on this project;

2. Close the public hearing and make any closing comments;

3. If the Planning Commission determines approval is warranted for this application:
a. Consider Resolution PC #2025-xx recommending that the Escalon City Council consider adoption of an Ordinance establishing Planned Development 4 (PD-4).
b. Recommend that the Escalon City Council consider adoption of an Ordinance establishing Planned Development 4 (PD-4).
c. Consider the approval of the Site and Architecture Review. d. Find the project CEQA Categorically Exempt under Section 15332 In-Fill Development and authorize staff to file the Notice of Exemption (NOE).

Exhibits:

A. Project Application and Environmental Forms
B. Project Narrative
C. Vicinity Map
D. Conceptual Plans
E. Proposed Conditions of Approval
F. Agency and Department Comment Letters
G. CEQA Memorandum
H. Senior Design Guidelines Self-Certification Check List I. Planning Commission Resolution PC #2025-xx
J. Draft PD-4 Ordinance
K. Draft CEQA Notice of Exemption

Gurmat Lions, Inc.
27000 S. Leeward Way
Tracy California 95304
209-914-4259
x
Design Review
P J Khinda
Same as Property Owner

EXHIBIT A

Two Story, 17 Units

See Cover Sheet for project description

See Sheet SP2 for photos of site and surrounding Neighborhood

CEQA APPENDIX G:

ENVIRONMENTAL CHECKLIST FORM
NOTE: The following is a sample form and may be tailored to satisfy individual agencies’ needs and project circumstances. It may be used to meet the requirements for an initial study when the criteria set forth in CEQA Guidelines have been met. Substantial evidence of potential impacts that are not listed on this form must also be considered. The sample questions in this form are intended to encourage thoughtful assessment of impacts, and do not necessarily represent thresholds of significance.

1. Project title: Jackson Avenue Apartments

2. Lead agency name and address:

City of Escalon
2060 McHenry Avenue
Escalon, California 95320

3. Contact person and phone number: Diana Trejo

4. Project location: 2304 Jackson Avenue, Escalon

5. Project sponsor's name and address:

Gurmat Lions, Inc. 27000 S. Leeward Ct., Tracy, Calif. 95304

6. General plan designation: Commercial 7. Zoning: C-2

8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) Construction of a two story 17 unit Aparment project and 1800 sf commercial/retail space.
_____________________________________________________________________ _____________________________________________________________________

9. Surrounding land uses and setting: Briefly describe the project's surroundings: Site is surrounded by two streets-south and west sides, vacant land to the east zoned commercial and residential to the north.
_____________________________________________________________________

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.)
City of Escalon_________________________________________________ _____________________________________________________________________ _____________________________________________________________________

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun? No________________________________ Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics
Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Geology /Soils
Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology / Water
Quality
Land Use / Planning Mineral Resources Noise
Population / Housing Public Services Recreation
Transportation/Traffic Tribal Cultural Resources
Utilities / Service
Systems
Mandatory Findings of
Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date
Signature Date

EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances).

Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.

9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance

SAMPLE QUESTION
Issues:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light
or glare which would adversely affect day
or nighttime views in the area?
II. AGRICULTURE AND FORESTRY
RESOURCES. In determining whether
impacts to agricultural resources are
significant environmental effects, lead
agencies may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the
California Dept. of Conservation as an
optional model to use in assessing impacts
on agriculture and farmland. In determining
whether impacts to forest resources,
including timberland, are significant
environmental effects, lead agencies may
refer to information compiled by the
California Department of Forestry and Fire
Protection regarding the state’s inventory of
forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment project; and forest carbon
measurement methodology provided in
Forest Protocols adopted by the California
Air Resources Board. Would the project:
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
III. AIR QUALITY. Where available, the
significance criteria established by the
applicable air quality management or air
pollution control district may be relied upon
to make the following determinations.

Would the project:
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an existing or
projected air quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
x
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
IV. BIOLOGICAL RESOURCES:

Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations, or
by the California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
x
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
V. CULTURAL RESOURCES. Would the
project:
a) Cause a substantial adverse change in
the significance of a historical resource as
defined in § 15064.5?
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to § 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including
those interred outside of dedicated
cemeteries?
VI. GEOLOGY AND SOILS. Would the
project:
a) Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the
loss of topsoil?
c) Be located on a geologic unit or soil that
is unstable, or that would become unstable
as a result of the project, and potentially
result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
x
x
x
x
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial risks to
life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
VII. GREENHOUSE GAS EMISSIONS.

Would the project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
VIII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on
a list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
x
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) For a project located within an airport
land use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a
private airstrip, would the project result in a
safety hazard for people residing or working
in the project area?
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
IX. HYDROLOGY AND WATER QUALITY.

Would the project:
a) Violate any water quality standards or
waste discharge requirements?
b) Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume or a
lowering of the local groundwater table
level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses
or planned uses for which permits have
been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or offsite?
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off-site?
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water
quality?
g) Place housing within a 100-year flood
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard
area structures which would impede or
redirect flood flows?
i) Expose people or structures to a
significant risk of loss, injury or death
involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or
mudflow?
X. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established
community?
b) Conflict with any applicable land use
plan, policy, or regulation of an agency
with jurisdiction over the project (including,
but not limited to the general plan, specific
plan, local coastal program, or zoning
ordinance) adopted for the purpose of
avoiding or mitigating an environmental
effect?
x
x
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
XI. MINERAL RESOURCES. Would the
project:
a) Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of the
state?
b) Result in the loss of availability of a
locally-important mineral resource recovery
site delineated on a local general plan,
specific plan or other land use plan?
XII. NOISE. Would the project result in:
a) Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
groundborne noise levels?
c) A substantial permanent increase in
ambient noise levels in the project vicinity
above levels existing without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in the
project vicinity above levels existing without
the project?
e) For a project located within an airport
land use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?
f) For a project within the vicinity of a
private airstrip, would the project expose
people residing or working in the project
area to excessive noise levels?
x
x
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIII. POPULATION AND HOUSING. Would
the project:
a) Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of
replacement housing elsewhere?
XIV. PUBLIC SERVICES.
a) Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
XV. RECREATION.
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
x
x
x
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
XVI. TRANSPORTATION/TRAFFIC. Would
the project:
a) Conflict with an applicable plan,
ordinance or policy establishing measures
of effectiveness for the performance of the
circulation system, taking into account all
modes of transportation including mass
transit and non-motorized travel and
relevant components of the circulation
system, including but not limited to
intersections, streets, highways and
freeways, pedestrian and bicycle paths,
and mass transit?
b) Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and
travel demand measures, or other
standards established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels
or a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency
access?
f) Conflict with adopted policies, plans, or
programs regarding public transit, bicycle,
or pedestrian facilities, or otherwise
decrease the performance or safety of such
facilities?
x
x
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVII. TRIBAL CULTURAL RESOURCES.

Would the project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in Public
Resources Code section 21074 as either a
site, feature, place, cultural landscape that
is geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and that
is:
a) Listed or eligible for listing in the
California Register of Historical Resources,
or in a local register of historical resources
as defined in Public Resources Code
section 5020.1(k), or
b) A resource determined by the lead
agency, in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1, the lead agency shall
consider the significance of the resource to
a California Native American tribe.

XVIII. UTILITIES AND SERVICE
SYSTEMS.

Would the project:
a) Exceed wastewater treatment
requirements of the applicable Regional
Water Quality Control Board?
b) Require or result in the construction of
new water or wastewater treatment facilities
or expansion of existing facilities, the
construction of which could cause
significant environmental effects?
c) Require or result in the construction of
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
x
x
x
x
x

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Have sufficient water supplies available
to serve the project from existing
entitlements and resources, or are new or
expanded entitlements needed?
e) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project’s solid waste disposal needs?
g) Comply with federal, state, and local
statutes and regulations related to solid
waste?
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE.
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or
animal or eliminate important examples of
the major periods of California history or
prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects)?
c) Does the project have environmental
effects which will cause substantial adverse
effects on human beings, either directly or
indirectly?
x
x
x
x
x
x
x

Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference:

Section 65088.4, Gov. Code; Sections 21080(c), 21080.1, 21080.3, 21083, 21083.05, 21083.3, 21093, 21094, 21095, and 21151, Public Resources Code; Sundstrom v. County of Mendocino,(1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of Supervisors, (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656.

Revised 2016
Authority: Public Resources Code sections 21083 and 21083.09 Reference: Public Resources Code sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3/ 21084.2 and 21084.3

August 04, 2023
City of Escalon
Planning Department
2060 McHenry Avenue
Escalon, California 95320
Re: Project Description
Escalon, California
Dear Ms. Trejo:

Attached is the planning submission for an apartment project plus commercial space project located at the northeast corner of Elizabeth Avenue and Jackson Avenue Apartments. The current site is an .89- acre vacant property. The application is for 17-unit two story-two buildings of apartments located over covered garages. There are a total 17 units and 1800 sf of commercial space. The units will consist of one-, two- and three-bedroom units. There are 17 covered parking spaces and 26 open parking spaces of which 8 are designated for commercial use. The parking ratio averages 2.00 spaces per unit and one space per 225 sf commercial space. Signage will be provided on site for commercial space designation and private parking designation. The proposed commercial use is unknown. The building coverages are noted on the coversheet along with 2,608 sf of usable open space and 1218 sf private open space which do not include setbacks footages. Exterior design is residential in character with a modern flair, incorporating typical exterior materials commonly associated with single family homes in order to blend in with the existing neighborhood. The site design has incorporated the least impact to the adjacent residential area by turning the parking and buildings perpendicular to the rear property line away from the adjacent homes. The open space has been located in the center of the project for easy residential access and set away from adjacent homes. The project intends to conform to all city standards and fire department requirements. Colored elevations are included for review.

Best Regards,
Mark B. Lee
Mark B. Lee
President/Architect
C012684

EXHIBIT B

EXHIBIT C

EXHIBIT D

PED

XING STOP
STOP
=

PRELIMINARY

UTILITY &

GRADING PLAN
FOR

JACKSON AVENUE

APARTMENTS

ESCALON, CALIFORNIA

STOP
STOP
=

CONDITIONS OF APPROVAL
2304 JACKSON AVENUE, ESCALON CA 95320
APN: 227-270-170-000

SPECIFIC CONDITIONS

1. APPROVAL. This Site and Architecture approval shall run with the land, and its benefits and limitations are binding on subsequent owners. Dependent on the City Council’s approval of the Planned Development rezone, the Site and Architecture Application as approved by the Planning Commission on March 11, 2025 allows:
• The applicant to develop an 17 unit, two-story, residential apartment building and two commercial suites including associated underground utilities, paved parking lot, landscaping, and common area.

2. SITE AND ARCHITECTURE VALIDITY. The Site and Architecture approval is specific to the project and runs with the land. If the Project is modified, an Amendment is required. Substantial construction work must commence within two (2) years to prevent a lapse of the Site and Architecture approval. If the approval will lapse, the applicant can apply for an extension in accordance with EMC 17.51.

3. SECOND STORY STANDARDS: Buildings shall comply with EMC Chapter 17.12.040 Second Story Standards in which any openings in the second story walls facing or viewing a neighbor’s rear yard shall have to mitigate the view by options provided in the code section.

4. MECHANICAL EQUIPMENT: All rooftop mechanical equipment that may be visible from off the site shall be screened as to minimize the visual impact from off the site, and in a manner that is architecturally compatible with the building on which it serves. Location of all mechanical equipment and screening subject to review and approval by the Planning Department.

5. INCLUSIONARY HOUSING AGREEMENT: The developer shall enter into an inclusionary housing agreement and provide affordable housing units pursuant to EMC Chapter 17.50. The inclusionary housing agreement shall be executed and recorded pursuant to this chapter as a condition of approval. If the developer opts to deed restrict the units affordable, the administration of the affordable housing program for this property shall be conducted by third party professional approved by the City. Any fees paid to the third party professional for this program shall be paid by the development. City Staff will work with the developer to ensure a program is in place so that the fees are covered by the development for the life of the deed restriction.

6. COMMUNITY FACILITIES DISTRICT: The City of Escalon is evaluating the use of Community Facilities Districts (CFDs). Should the City Council adopt a policy or Ordinance which authorizes to proceed with the formation of CFDs, this will become a requirement of the project.

EXHIBIT E

7. GROWTH MANAGEMENT PROCEDURES: Project shall apply for building permit allocations after project approval.

8. This list of Conditions of Approval shall be printed in every plan set submittal for building permit approval.

ENGINEERING COMMENTS

SITE PLAN/GRADING/DRAINAGE

9. The trash enclosure shall be enclosed and covered with a water supply and sewer connection per City Standards.

10. ADA access to the trash enclosure from the commercial and residential areas shall be provided.

11. Provide curb stops at all parking areas.

12. The ADA ramp at the intersection of Elisabeth and SR 120 shall be directional and only cross Elisabeth.

13. Improve Elisabeth Avenue to City Standards including sidewalk, landscaping.

14. Install crosswalk at the intersection of Elisabeth and SR 120.

15. Replace all broken and damaged existing concrete curb in Elisabeth Avenue.

16. Provide truncated domes at the sidewalk driveway transitions.

17. Extend the CMU wall along the easterly property line from the existing location to SR 120 matching the style and color.

18. Provide bike lockers and/or racks for the residential and commercial users.

19. If a restaurant is proposed in the commercial suites, a grease interceptor is required.

20. A Caltrans encroachment permit will be required for all work located within the SR 120 right of way.

21. The applicant will need to coordinate with SSJID for the abandonment and removal of the existing pipeline and stand pipe located along the easterly boundary.

22. A complete site grading and drainage plans shall be prepared by a licensed civil engineer and submitted, reviewed and approved by the City Engineer.

23. The grading and drainage plan shall show that all storm water shall be detained on site and

treated prior to discharge in accordance with City policy on low impact development and MS4 year 2 requirements.

24. A geotechnical report including percolation rates for the storm drain system is required.

25. Provide storm drainage calculations for the French drain system including storage volumes and showing that the system will empty within 48 hours.

26. Prior to the issuance of grading permits the plans and specifications shall include reference and conformance to the SJVUAPCD dust control measures and shall be subject to District Regulation VIII, Rule 8010, 8020, 8030, 8060 and 8070 of Regulation VII.

27. If during the course of project related activities, cultural resources are encountered, work will halt in the immediate vicinity of the resource while a qualified archaeologist or historian evaluates the resource and makes recommendations.

28. If the finish grade of any lot is more than one (1) foot lower or higher than any adjoining lot, a masonry block wall or grade transition shall be constructed in accordance with the approved grading plan.

29. A SWPPP erosion control plan is required.

30. All storm inlets shall be fitted with filters designed to capture any pollutants of concern and execute storm water maintenance agreement with City.

31. Install storm drainage system to conform to the City of Escalon storm drainage standards and permits. All storm drainage shall be managed on-site.

32. An Engineer’s Estimate shall be provided for all on and off site improvements.

33. Provide a e-copy of the preliminary title report for the subject site with links to the exceptions.

34. Electronic and paper As-Built plans shall be submitted for the site and structures.

WATER

35. Install water system per the requirements of the City of Escalon including backflow preventer, blanket, cage, fire department connection, post indicator valve, water meters and valves.

36. Utilize existing stubs for water where possible to minimize curb cuts.

37. The water system shall be installed, tested, approved and operational prior to any building final approval.

38. The site shall have a separate meter for landscaping and domestic use.

SANITARY SEWER

39. The sanitary sewer system shall be designed and constructed in conformance with the City Standards (latest edition) and the City’s Sewer System Master Plan and any approved alterations thereto.

40. Utilize existing stubs for sewer where possible to minimize curb cuts.

41. A sewer clean out is required at the property line and point of connection.

42. SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION & OPEN SPACE PLAN. The City of Escalon is a signatory to San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). This Project is subject to the SJMSCP.

This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org. All SJMSCP requirements shall be met. See attached comment letter dated September 13, 2023.

43. BUILDING & FIRE DEPARTMENT: All Building and Fire Department requirements shall be met. See attached Building and Fire Department comment letter dated September 13, 2023.

44. MODESTO IRRIGATION DISTRICT: All Modesto Irrigation District requirements shall be met. See attached comment letter dated September 18, 2023.

45. SOUTH SAN JOAQUIN IRRIGATION DISTRICT: All South San Joaquin Irrigation District requirements shall be met. See attached comment letter dated September 25, 2024.

46. CALTRANS: All Modesto Irrigation District requirements shall be met. See attached comment letter dated February 1, 2024.

47. SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT: All San Joaquin County Environmental Health Department requirements shall be met. See attached comment letter dated September 12, 2023.

48. GILTON SOLID WASTE: Trash enclosures must be approved by Gilton Solid Waste.

See attached comment letter dated January 16, 2024.

STANDARD CONDITIONS

49. USE LIMITATION: The use shall be limited to the type of operation described in the Planning Commission staff report, conditions of approval, plans, and as approved by the Planning Commission on March 12, 2024.

50. USE OF PROPERTY. Use of the property shall be conducted in such a way that it does not constitute a nuisance to the surrounding neighborhood. If the City Planner/Planning Commission/City Council finds at any time that any use of the property constitutes such a nuisance or is otherwise detrimental to the neighborhood or to the community, such use shall be discontinued or modified as may be required. Failure to fully comply with all conditions of this approval may result in revocation of this permit. Owner retains the right to challenge any such determination pursuant to the procedures set forth in the Escalon Municipal Code and at law.

51. CHANGE IN OCCUPANCY OR USE: Any changes in the use, operational and/or physical characteristics of the site other than that approved herein shall be approved in advance of the change by the City Planner, who may impose such requirements in addition to those set forth herein as may be necessary for the protection of adjacent properties and the public interest. If the City Planner finds that any proposed change in occupancy or use would represent a substantial deviation from the purpose for which this Planned Development and Site and Architecture was granted, then such change shall be considered at a public hearing before the Planning Commission as an amendment to this permit.

52. BUILDING PERMITS: All applicable building permits must be obtained and approved by the Building Permits Division. All building permits must comply with the current California Code of Regulations, Title 24.

53. CONTAMINATION: No fats, oil, grease, organic waste, medications, antifreeze or other hazardous materials shall enter the City sewer or storm drain systems or contaminate adjacent parcels.

54. CODE COMPLIANCE: Notwithstanding any other conditions of this approval, all construction and improvements shall be in strict accordance with zoning, building, fire, and all other codes and ordinances of the City of Escalon or agencies that have regulatory jurisdiction over the City of Escalon, which shall be met prior to issuance of a certificate of occupancy or final building inspection.

55. CEQA: City Staff will file the Notice of Exemption with the County Recorder’s Office.

Pursuant to Section 711.4 (e) (3) of the California Fish and Game Code, no project shall be operative, vested, or final, nor shall local government permits for the project be valid, until the filing fees required pursuant to this section are paid.

56. HOLD HARMLESS AND INDEMNIFICATION: The applicant shall defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this approval. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate in the defense. The applicant shall defend, indemnify, protect and hold harmless the City or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek

monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate in the defense.

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth. The City and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

57. COMPLIANCE WITH CONDITIONS: All of these conditions and any and all requirements of California State Law or Regulations and conditions/comments from outside agencies (Habitat, Fire, SSJID, Utility companies, Mosquito Vector Control District, etc.) shall be completed or obligated to the satisfaction of the City, Building Inspector, Fire Chief, and Police Chief, prior to the issuance of permits, unless otherwise stated in the specific conditions.

58. CONSTRUCTION HOURS: Construction hours shall adhere to the noise ordinance set forth in Chapter 8.16 of the Escalon Municipal Code.

1. MAINTENANCE. All common areas, parking areas, driveways, and other paved surfaces, access ways and grounds shall be regularly maintained by the Homeowners Association and kept free of weeds, litter, and debris, and all pavement markings shall be clear and legible at all times. All exterior building and wall surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired in conformance with approved designs, materials, and finishes.

59. HAZARDOUS MATERIALS: All hazardous materials (i.e. oil, grease, antifreeze, gasoline, agricultural chemicals, etc.) storage and disposal shall be accomplished in accordance with the San Joaquin County Health Department and all other applicable local, State and federal agency guidelines, requirements and laws and shall be checked and approved by the City Engineer.

60. FEES: All applicable fees, including building, site improvement, school, outside agency, and mitigation fees shall be paid prior to any permits being issued.

61. BUSINESS LICENSE: All contractors and subcontractors working on the project are required to obtain a business license prior to starting work.

62. LIGHTING: All exterior lighting shall be confined to the site and designed to reflect light away from the surrounding premises and all public rights-of-way. No light source shall be visible from off the site.

S J C O G, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0574 ● Email: [email protected] San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)

SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.

To: Planning Department, City of Escalon
From: Laurel Boyd, SJCOG, Inc. Phone: (209) 235-0574 Email: [email protected] Date: September 13, 2023
-Local Jurisdiction Project Title: Project Application 23-788 – Planned Development Assessor Parcel Number(s): 227-270-17
Local Jurisdiction Project Number: 23-788
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Urban Habitat Land
Species Impact Findings: Findings to be determined by SJMSCP biologist.

Dear City of Escalon Planning Department:

SJCOG, Inc. has reviewed the project referral for Project Application 23-788 – Planned Development. This project consists of the development of a 0.89 acre lot with 1,800 square feet of commercial suites and 17 two-story residential apartments. Proposed development also includes underground utilities, paved parking lot, landscaping, and common area. The project site is located at 2304 Jackson Avenue, Escalon (APN: 227-270-17).

The City of Escalon is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.

This Project is subject to the SJMSCP. This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org
Please contact SJMSCP staff regarding completing the following steps to satisfy SJMSCP requirements:
 Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance  SJMSCP Incidental take Minimization Measures and mitigation requirement:

1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.

4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.

EXHIBIT F

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.  Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.

If you have any questions, please call (209) 235-0574.

S J C O G, Inc.

San Joaquin County Multi-Species Habitat Conservation & Open Space Plan 555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438

SJMSCP HOLD
TO: Local Jurisdiction: Community Development Department, Planning Department, Building Department, Engineering Department, Survey Department, Transportation Department, Other: ___________
FROM: Laurel Boyd, SJCOG, Inc.

DO NOT AUTHORIZE SITE DISTURBANCE

DO NOT ISSUE A BUILDING PERMIT
DO NOT ISSUE __________ FOR THIS PROJECT
The landowner/developer for this site has requested coverage pursuant to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). In accordance with that agreement, the Applicant has agreed to:
1) SJMSCP Incidental Take Minimization Measures and mitigation requirement:

1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs.

If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.

4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.

Project Title: Project Application 23-78 – Planned Development Landowner: Gurmat Lions, Inc. Applicant: Lee Jagoe Architecture, Inc.

Assessor Parcel #s: 227-270-17
T _______, R______, Section(s): _____
Local Jurisdiction Contact: Planning Department, City of Escalon The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP.

Building & Fire Department Requirements
Site Plan Review
Date: _______9/13/2023 ______
Project: Jackson Ave. Apartments_____________________
Location: 2304 Jackson Ave.

Building: 20 Min.

No construction shall begin at site prior to issuance of a building permit.

Each building shall be required to have its own building permit.

Prior to the issuance of any building permits, lot grades shall conform to the approved grading plan and soil geotechnical report.

Prior to issuance of building permits, written clearance from the School District shall be submitted indicating receipt of adequate school facility mitigations.

All Public Facility Impact Fees and other applicable City, County fees shall be payable at the time of issuance of a building permit for any construction in the development of the project and shall be based on the rates as identified in the indexes in effect at the time of building permit issuance.

Fire: 30 mins.

New and existing buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. Individual unit addresses shall conform to a standard practice and method utilized and recognized by 911 services and the Fire Code Official. (1st floor and 2nd floor designations)
Fire extinguishers are required; location, type and size shall meet California Fire Code requirements.

The main electrical service disconnect must be accessible from the exterior of the building.

A fire protection sprinkler system is required. Design must meet NFPA 13_r_ standards. Submit detailed plans and calculations for review (three sets).

On site fire hydrant/s may be required. Please contact the Fire Code Official for location(s) of hydrant/s.

A plan must be submitted, reviewed and approved prior to the installation of the underground fire protection sprinkler system and/or on site hydrants and piping. Submit detailed plans for review (three sets).

A fire alarm monitoring system is required. Design must meet the California Fire Code requirements. Submit detailed plans and calculations for review (three sets).

All driveways and building corners will be accessible to Fire Apparatus. Fire lanes and no parking areas will be provided and identified as required by the Fire Code Official. Prior to issuance of a building permit, a site plan scaled to 1:30 must be submitted, reviewed, and approved to ensure turning radius, no parking areas, and vehicle circulation meet minimum criteria and requirements.

A facility entry/master key will be provided in a “Knox Box” key safe for rapid entry. Locations are to be determined.

Locking “Knox” FDC caps shall be provided at all FDC connections on site.

Fire lanes, no parking, red curbs, and signage will be required. A site plan scaled to 1:30 must be submitted, reviewed, and approved prior to final inspection and certificate of occupancy.

A Fire Flow of 4,000 GPM with a 20-psi residual is required.

Prior to final, a pre-fire plan shall be provided to the Fire Code Official. Contact the Fire Code Official for specific requirements and legend.

New construction projects shall be required to submit an 8 ½” x 11” document and an electronically submitted “detail” page for emergency responder data files for approval by the fire code official before final inspection. Detail page shall include a site plan showing:
a. Property, site layout
b. Roads, fire access lanes, and building access points c. Premises identification (Address, building identification, suites, room numbers, etc.) d. Fire Hydrant and Fire Department Connection (FDC) locations e. Knox product locations
f. Fire alarm control locations
g. Fire riser locations
h. Hose valve locations
i. “Main Electrical” and “Main Gas Disconnect” locations j. Hazardous materials storage

1231 Eleventh St.

P.O. Box 4060
Modesto, CA 95352
(209) 526-7373
September 18, 2023
City of Escalon – Department Services Planning Division Attn.: Jenny Thomposon
2060 McHenry Avenue
Escalon, CA 95320
RE: Utility Verification – 2304 Jackson Project Referral Location: 2304 Jackson Ave.

Thank you for allowing the District to comment on this referral. Following are the recommendations from our Electrical, Irrigation and Domestic Water Divisions:

Irrigation
• MID’s Water Operations Department has no concerns as the project site lies outside of our service boundary.

Domestic Water
• No comments at this time.

Electrical
• The electric division does not have any electric facilities within or adjacent to the project area.

This area falls within the PG&E and MID competitive zone. If electric service is desired, please contact the District’s Electric Engineering department to determine the availability of electric service and coordinate service requirements to the proposed project. Please contact Modesto Irrigation District at (209) 526-7337 or (888) 335-1643 and ask for the Electrical Engineering Design Group if you have any questions or concerns.

The Modesto Irrigation District reserves its future rights to utilize its property, including its canal and electrical easements and rights-of-way, in a manner it deems necessary for the installation and maintenance of electric, irrigation, agricultural and urban drainage, domestic water and telecommunication facilities. These needs, which have not yet been determined, may consist of poles, crossarms, wires, cables, braces, insulators, transformers, service lines, open channels, pipelines, control structures and any necessary appurtenances, as may, in District’s opinion, be necessary or desirable.

If you have any questions, please contact me at (209) 526-7447.

Sincerely,
Lien Campbell
Risk & Property Analyst
Copy: File

September 25, 2024
Diana Trejo
City of Escalon
Development Services Planning Division
2060 McHenry Avenue
Escalon, CA 95320

Subject: 2304 Jackson Avenue
APN: 227-270-17
Dear Ms. Trejo:

1. The South San Joaquin Irrigation District has reviewed the submitted Site Plan for the above for the above referenced development. The District requests that the following be made conditions of approval for the development:

2. Any proposed disposal of storm water that will ultimately discharge into District facilities shall conform to the District's current policy relative to storm drainage. Hydraulic calculations and plans for proposed storm system shall be provided to the District for review and approval and shall conform to the approved Storm Drainage Master Plan and Storm Drainage Agreement between the District and the City.

3. All District irrigation and drainage facilities which are determined by the District to be affected by the proposed development, shall be replaced with rubber gasket reinforced concrete pipe or box culverts and shall be relocated, if necessary, to District approved locations. Facilities assumed to be affected by this development include the Campbell Drain. The developer shall coordinate with SSJID staff to identify solutions to replace and realign the District facilities with pipe/culverts. The ultimate solution shall consider public safety, shall minimize public access to District facilities, and shall not impede or restrict District access or maintenance/operational requirements.

Additionally, the following specific design criteria should be incorporated as part of the Campbell Drain pipeline replacement:
a. At minimum, pipeline replacement will be required within the boundary of the subject property and shall extend as far as any proposed surface level improvements. Based on the site plan provided, it appears that the southern connection will extend into Caltrans Right-of-way. The applicant shall be responsible for obtaining all permits required by Caltrans. b. The developer will be required to grant the District an easement (consistent with the District’s standard form) of appropriate width to accommodate District access, maintenance, and replacement needs. The total easement width shall include consideration for pipeline burial depth, trench sloping/shoring requirements (per OSHA requirements), and surface access. Based on the site plan provided, the minimum easement width, assuming 36” of cover over the District pipeline (or less), shall be no less than thirty-two (32) feet wide. Final easement width shall be determined through the design and plan review process. c. Structures within the District’s easement are not permissible encroachments. The trash enclosures shown on the provided site plan are considered structures and will need to be relocated out of the District’s easement. d. The proposed block wall along the northern boundary of the project shall not extend across the District’s easement. The developer will be required to coordinate with the District to identify a non-structural fence design within the easement. A lockable gate shall be included with a minimum opening of sixteen (16) feet.
e. The block wall proposed on the east side of the subject property will be a considered a permissible encroachment subject to the wall being installed along the property line and the alignment of the District’s pipeline being offset appropriately to allow for open trench excavation without the use of shoring. The developer shall coordinate with the District during the design process to identify an acceptable pipeline alignment.
f. The District reserves the right to apply additional design requirements as the project design and review process is conducted and additional information becomes available.

4. Improvement plans requiring approval include plans sets that are specific to irrigation improvements and plan sets that are specific to subdivision improvements that propose encroachments within District easements or connections to District facilities.

5. Continuous vehicular access shall be provided within the District’s easement, or immediately adjacent to the District’s easement when adjoining or overlapping a public right of way. Said condition shall be incorporated into the design of the improvements.

No fences, barriers, or masonry walls shall be installed across District

easements/facilities that would prevent through passage. Access gates may be permitted with District approval.

6. Hydraulic calculations to determine pipe or culvert size will be required for any design changes or relocations that are proposed on District facilities. In accordance with District standards, construction on District facilities is not allowed between February 15th and October 15th of any given year. As such, plans for pipeline improvements need to be received no later than mid-July (3 months before the end of water season), so that all construction work can be completed during the provided window period.

7. All improvements to the District facilities shall comply with the District's current standards, drawings, and policies. The developer shall enter into the necessary agreements, permits, etc., required by the District for construction of District facilities.

8. District facilities within the development, or impacted by the development, which provide storm water drainage or irrigation spill functions, shall not be abandoned, relocated, or replaced, unless alternate provisions are made to handle such drainage in accordance with District approval.

9. The property owner and/or developer shall execute Irrigation Service Abandonment Agreements and provide for the removal of irrigation and drainage facilities and structures on property no longer requiring irrigation service. The method of abandonment and extent of such removal shall be determined by District. Private irrigation facilities and easements shall be provided for private use to accommodate property that will still be using District water to irrigate adjacent to the development. The proposed connection of any such private facility to District facilities shall be approved in advance by the District.

10. Proposed improvements within the District’s easement are subject to approval by the District. In no case shall a building, building canopy, structure, explosive, well, guy wire, or any tree, vine, or other dep-rooted crop or shrub be allowed within the easement. Utilities constructed parallel to a District facility must be located a minimum of 15’ from the edge of the District’s facility. Vehicular access must be maintained throughout the District’s easement as noted in item 5 above.

11. Easements for all District facilities shall be dedicated on current District forms.

Additional easements shall be dedicated for access to all manholes and control structures.

All District easements shall be shown on the final map together with the District's standard acknowledgment. Easement widths for pipelines or culverts shall be determined by District based upon size of facility, but in no case less than 30 ft. in width. A title report shall be provided to District for its use in preparation of all required documents and to ascertain if the District has a fee interest in the proposed development. Fee interest issues shall be dealt with in accordance with the District’s standard policy.

12. Improvement plans for both off-site and on-site improvements shall be submitted for review and approval by the District's Board of Directors. Prior to plan submittal, the developer shall submit a retainer for plan check and inspections required for the project in accordance with the current established fee schedule.

13. Upon completion of the project, the developer shall provide one complete set of "AsBuilt" drawings to the District for its future use.

14. The following statement shall be affixed or otherwise included within the approved development plans: "SSJID has adopted time limits limiting the period of its approval should the landowner/developer fail to substantially complete his development project in a timely manner and as per approved development plans.

These time limits adopted by SSJID are in most cases equal to those utilized by the governmental agency or institution responsible for development approvals. Should the time limit be exceeded, SSJID reserves the right to then apply any of its current development standards and requirements."
Additionally, the District requests that it be notified by the Planning Department when approval has been given with the above stated conditions.

If you have any questions, please contact me in the Engineering Department at (209) 249-4620.

Sincerely,
Forrest Killingsworth
Engineering Department Manager

OFFICE OF THE DISTRICT 10 DIRECTOR
P.O. BOX 2048 | STOCKTON, CA 95201
(209) 948-7943 | FAX (209) 948-7179 TTY 711
www.dot.ca.gov
February 1, 2024
10-SJ-120-PM 17.85
Gurmet Lions and Lee Jagoe
2304 Jackson Avenue
Diana Trejo
City of Escalon
2060 McHenry Avenue
Escalon, CA 95320
Dear Ms. Trejo:

The California Department of Transportation appreciates the opportunity to review the revised site plan for the proposed apartment and commercial development at 2304 Jackson Avenue, Escalon provided on January 12, 2024. The project will include 17 two-story buildings and 1800 square feet of commercial and is located at. The Department has the following comments:

1. Please submit a site plan with the following revisions to Caltrans for review and comment prior to project approval.

2. Please include the stop bar for traffic exiting the proposed driveway onto SR 120 on the new site plan.

3. The pavement-marking arrow adjacent to the pork chop island for traffic exiting the proposed driveway onto SR 120 should be a right-turn arrow to let drivers know that it a right-out only.

4. Please include a “Do Not Enter” (R5-1) sign facing eastbound SR 120 traffic on the pork chop island to prevent eastbound SR 120 traffic from making a left-turn into the proposed driveway in the site plan.

5. The proposed right-in right-out driveway on SR 120 will need to be designed up to current Caltrans standard.

6. An Encroachment Permit will be required for work (if any) done within the Department’s right of way. This work is subject to the California Environmental Quality Act. Therefore, environmental studies may be required as part of the encroachment permits application. A qualified professional must conduct any such studies undertaken to satisfy the Department’s environmental review responsibilities. Ground disturbing activities to the site prior to completion and/or approval of required environmental documents may affect the Department’s ability to issue a permit for the project. Furthermore, if engineering plans or drawings will be part of your permit application, they should be prepared in standard units.

If you have any questions, please contact me at (209) 483-2582 or Nicholas Fung at (209) 986-1552.

Sincerely,
Tom Dumas
Chief, Office of Metropolitan Planning

7)°---- °° SAN JOAQUIN
COUNTY
LlFO- Greatness grows here.

September 12, 2023
Environmental Health Department
Jasjit Kang, REHS, Director
Muniappa Naidu, REHS, Assistant Director

PROGRAM COORDINATORS
Jeff Carruesco, REHS, RDI
Willy Ng, REHS
Steven Shih, REHS
Elena Manzo, REHS
Natalia Subbotnikova, REHS
To: City of Escalon Development Services Planning Division From: Aldara Salinas; 209-616-3019 /
Environmental Health Specialist
RE: Planning Application 23-788, Planned Development Referral, SU0015810 2304 Jackson Ave., Escalon; APN: 227-270-17
The following requirements have been identified as pertinent to this project. Other requirements may also apply. These requirements cannot be modified.

This project shall be provided with public water service at the time of development. A letter shall be submitted from the purveyor stating that these services either are bonded for or are in place, prior to final approval (San Joaquin County Development Title, Section 9-600.020 (d)(1).

Prior to the issuance of any building permits, sewer facilities shall either be bonded for or be in place, as evidenced by a letter from the serving entity (San Joaquin County Development Title, Section 9- 600.020(d)).

Submit two (2) hardcopy sets, or one (1) electronic version, of food facility plans to the Environmental Health Department for review and approval prior to issuance of building permit(s) (California Retail Food Code, Article 1, 114380). The fee will be based on the current schedule at the time of payment.

A valid permit from END is required prior to operating food facility (California Retail Food Code, Chapter 13, Article 1, Section 14381).

If any abandoned well(s) and/or septic tank(s) exist, they shall be destroyed under permit and inspection by the EHD (San Joaquin County Development Title, Section 9-605.010 & 9-601.020) Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department (San Joaquin County Development Title, Section 9-1115.3 and 9-1115.6). 1868 E. Hazelton Avenue I Stockton, California 95205 I T 209 468-3420 I F 209 464-0138 I www.sjcehd.com

From: Syvanna Gilton
To: Diana Trejo
Subject: FW: escalon project referral
Date: Tuesday, January 16, 2024 11:06:57 AM
Attachments: image001.png
Proj. 23-788 2304 Jackson Ave.pdf
image003.png
image004.png
Diana,
The only issue was we didn’t see the dimensions on any of the enclosures, we would like to see that so we can see how big they are and if they have the curb on the inside and other things we like to see on there.  Also to make sure the driver has enough room to access the enclosure safely.

Thank you
Syvanna Gilton
Environmental Affairs Specialist
Gilton Solid Waste Management, Inc.

Gilton Resource Recovery/ Transfer Facility, Inc.

O: 209-840-5662 C: 209-675-2399
[email protected]
“Our Business is Just Picking Up”
From: Denise London <[email protected]>
Sent: Wednesday, January 3, 2024 11:18 AM
To: Syvanna Gilton <[email protected]>
Cc: Ted Gilton <[email protected]>
Subject: FW: escalon project referral
From: Diana Trejo <[email protected]>
Sent: Friday, December 29, 2023 3:40 PM
To: Denise London <[email protected]>; Ted Gilton <[email protected]> Subject: FW: escalon project referral
Diana Trejo
Assistant Planner
City of Escalon

M E M O R A N D U M
TO: PRABHJOT KHINDA, GURMAT LIONS, INC.

FROM: MARK NISKANEN
SUBJECT: PD AND SITE AND ARCHITECTURE REVIEW #23-788, JACKSON AVENUE APARTMENTS – CEQA DISCUSSION
DATE: DECEMBER 13, 2024
The purpose of this memorandum is to define the proposed Jackson Avenue Apartments (PD and Site and Architecture Review #23-788) Project Description and the suggested approach as it relates to compliance with the California Environmental Quality Act (CEQA).

Project Description:

The proposed Jackson Avenue Apartments (hereinafter referred to as the “Proposed Project”) is located on approximately 0.89-acres within the city limits of the City of Escalon. Specifically, the Proposed Project is located immediately east of Orlando’s Market and Chevron Gas Station, north of the existing Escalon Shopping Center, south of the existing Yosemite Manor residential subdivision, and west of existing residential properties. The subject property has a General Plan Land Use designation of Commercial (C), and sits within the C-2, Community Commercial District. The exhibit below illustrates the Proposed Project’s location. As shown in the exhibit provided below, the Proposed Project is essentially surrounded by urban development.

EXHIBIT G

The Proposed Project allows for the development of a seventeen (17) unit multifamily residential project and approximately 1,800 sq. ft. of commercial space intended for service retail or food service. The Proposed Project’s 17 units are made up of a combination of one (1) bedroom and two (2) baths, two (2) bedrooms and two (2) baths, and three (3) bedrooms and two (2) baths. On-site parking is provided via the development of forty-two (42) parking spaces; eight (8) of the forty-two (42) parking spaces are reserved for commercial uses.

Access to the Proposed Project will be provided via Elizabeth Avenue and Jackson Avenue. A right-in/right-out (RIRO) porkchop will be installed on the southern boundary of the Project site allowing right turns only to and from the Project site to Jackson Avenue. Other site improvements including landscaping, trash facilities, etc. will be provided. Additionally, the Proposed Project will include the construction and extension of new sidewalks along its Jackson Avenue and Elizabeth Avenue frontage, providing further pedestrian connectivity for the surrounding area. Domestic utility services such as water, sewer, and storm drainage will be provided by the City of Escalon via connection to existing utility lines.

As part of the Proposed Project’s entitlements, a request to establish a Planned Development (PD) has been filed for review and consideration. Furthermore, Chapter

17.11 of the City’s Zoning Ordinance states that multi-family residential development is considered a permitted use within the C-2 zone district subject to the approval of a

preliminary development plan. We understand that approval of a preliminary development plan triggers the requirement for establishing a PD zone on the Project site, similar to what was recently required for the Countrywood Cottages Senior Living Facility Project, approved by the City Council on April 15, 2024.

CEQA Approach:

The Proposed Project is defined as a “Project” in accordance with Section 15378 of the CEQA Guidelines, and as such, is subject to review under CEQA Statutes and Guidelines.

J.B. Anderson Land Use Planning has evaluated the Proposed Project against the City’s General Plan, General Plan EIR, and Zoning Ordinance, and believes the appropriate level of environmental review is a Categorical Exemption in accordance with Section 15332 (Infill Development Projects) of the CEQA Guidelines. A discussion of how the Proposed Project qualifies for this Categorical Exemption is provided below.

To qualify for Section 15332, a Project must meet five (5) thresholds. These thresholds are as follows:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare, or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

Based on our evaluation, the Proposed Project meets the above thresholds in the following manner:
(a) Consistency with General Plan and Zoning: As noted previously, the Project site is designated for Commercial (C) land uses by the City’s General Plan, and it is located within the Community Commercial, C-2 zone district. City staff has confirmed that a General Plan Amendment is not required therefore it is assumed that the Proposed Project is consistent with the noted General Plan Land Use designation. In addition, the City’s General Plan encourages Mixed Use and Residential development in Commercial areas by continuing to allow multiPage 145 of 392 family residential development as a permitted use with a preliminary development plan in the Community Commercial (C-2) zone. Approval of a preliminary development plan occurs through the establishment of a Planned Development (PD) zone on the Project site. This process is defined in Chapter

17.24 of the City’s Zoning Ordinance.
(b) The Proposed Project is less than 5-acres in size and is surrounded by urban uses on all four (4) sides, meeting the threshold that the project is substantially bounded by urban uses.
(c) All properties within the City of Escalon are located within the San Joaquin Council of Governments (SJCOG) Multi-Species Habitat Conservation and Open Space Plan. Based on our review of the City’s Conservation and Open Space Plan Map, the Project site is located within Category A (Exempt No Pay Zone) and is not considered to contain habitat for endangered, rare, or threatened species.

We understand that the Proposed Project will be required to comply with SJCOG’s Habitat Conservation and Open Space Plan, and pay the applicable fees associated with converting land considered to be agricultural to urban uses. (d) Development of the Proposed Project will generate new vehicle trips that may affect traffic operations at Elizabeth Avenue and Jackson Avenue/SR 120. A review of Caltrans’ VMT Focused Transportation Impact Study Guide (TISG) in conjunction with the Governor’s Office of Land Use and Climate Innovation’s (formerly Office of Planning and Research) Technical Advisory on Evaluating Transportation Impacts in CEQA highlights Land Use Projects presumed to have a less than significant transportation impact. Residential projects located within a half mile of an existing transit stop are presumed to have a less than significant transportation impact; an existing transit stop is located on Elizabeth Avenue, just west of and adjacent to the project site. Further, the Proposed Project will include construction of new sidewalks along Jackson Avenue and Elizabeth Avenue which will aid in the connectivity of the existing network in the vicinity of the Proposed Project encouraging walkability and multimodal travel.

Furthermore, the Proposed Project includes 1,800 sq. ft. of retail development.

Incorporating locally serving retail opportunities on site typically reduces vehicle travel by providing more proximate shopping and better accessibility; such development creates a less than significant transportation impact.

The Proposed Project is located along SR 120 and adjacent to existing commercial uses, both of which are considered to be sources of noise. The City’s General Plan sets forth noise level standards for noise sensitive land uses. It is anticipated that the Proposed Project will comply with site design requirements defined in the Noise Element of the City’s General Plan, including, but not limited

to, the construction of a new concrete block wall to match the existing block wall and extending south along the eastern property line. Consequently, noise impacts created as a result of the Proposed Project are considered to be less than significant.

The Proposed Project was reviewed in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) policies and regulations. Specifically, the SJVAPCD Guide to Assessing and Mitigating Air Quality Impacts, dated November 13, 2020, was reviewed. The Proposed Project meets the threshold to be defined as a “Small Project Analysis Levels (SPAL).” Projects that meet this threshold are considered to have a less than significant impact on air quality.

Reference: https://ww2.valleyair.org/media/5jppiwed/cms-format-spal.pdf Finally, the Proposed Project will comply with all Federal, State, and local policies and regulations related to water quality. Therefore, potential impacts to water quality are considered to be less than significant.
(e) We understand that the Proposed Project can be served all required utilities and public services by the City of Escalon, and others (i.e. PG&E, etc.).

Conclusion:

Based on the above analysis, we are of the opinion that the Proposed Project meets the criteria set forth in Section 15332 of the CEQA Guidelines and as such, should be exempt from further environmental review in accordance with CEQA Statute and Guidelines.

EXHIBIT H

PLANNING COMMISSION
RESOLUTION NO. 2025-xx

A RESOLUTION OF THE CITY OF ESCALON PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO THE ZONING MAP TO REZONE APPROXIMATELY 0.89 ACRES FROM COMMUNITY
COMMERCIAL (C-2) ZONE, TO PLANNED DEVELOPMENT ZONE P-D(4) FOR PROPERTY LOCATED AT 2304 JACKSON AVENUE, ESCALON, CA 95320 (APN 227- 270-017)
The Planning Commission of the City of Escalon does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. A verified application for an amendment to the City of Escalon Zoning Map was filed by Gurmat Lions, Inc., PJ Khinda, on July 19, 2023, to rezone from Community Commercial (C-2), to Planned Development, P-D(4), to allow the construction of a two-story, 17 unit apartment development, including 1,800 square feet of service commercial space located at 2304 Jackson Avenue.

B. On February 19, 2025, a Public Hearing Notice appeared in the Escalon Times newspaper;
C. On March 11, 2025, the Planning Commission held a duly noticed public hearing on the application, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record.

D. Escalon City staff previously reviewed and deemed the application complete; SECTION 2. Environmental Review.

The project proponent’s expert consultant, after a review of the materials and based on understanding of CEQA law, is of the opinion that the appropriate level of environmental review is a Categorical Exemption in accordance with Section 15332 (Infill Development Projects) of the CEQA Guidelines.

SECTION 3. Findings for Site and Architecture Approval
The Planning Commission hereby finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the proposal is consistent with the existing uses in the area.

2. The requested change will result in an orderly planned use of land.

EXHIBIT I

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan because it fulfills the stated objectives of the general plan to:
a. Building architecture promotes variety through the use of scale, bulk, and building height, and features such as facades, projections, offsets, roofs, and overhangs, are an integral part of the design;
b. Building architecture makes generous use of a variety of building materials, color and texture;
c. Building architecture follows a design theme which unifies a group of related buildings while allowing for distinctive features which make similar uses recognizable from each other; and
d. Building architecture is consistent with plans and policies adopted by the Escalon city council.
e. Site plan elements, e.g., buildings, circulation and open spaces, are arranged on the site so that activities are integrated and harmonious with the neighborhood and surrounding area and are arranged to produce an attractive, efficient and cohesive development of sustained desirability;
f. Consider existing natural topography, natural watercourses and exposure to wind;
g. The site’s design and building arrangement provides for the greatest opportunity for solar access;
h. The project is designed to maximize the opportunity for privacy by the residents of the project and adjacent residential development;
i. The design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the project and surrounding area; j. Driveway and parking systems provide smooth, safe, and convenient movement of vehicles, both on and off the site;
k. Contribute to the overall aesthetic quality of the site; l. Adequate and conveniently located parking is provided and designed in a manner that discourages on-street parking;
m. Transit turnouts, shelters, landscape features, bicycle racks, shopping cart storage areas, newspaper racks, recycling facilities, and trash areas are conveniently located and designed so as not to interfere with the flow of traffic and safety of vehicles and pedestrians;

n. There is adequate space for loading and unloading of persons, materials and goods;
o. The pedestrian circulation system is designed to assure that pedestrians can move safely and easily both on the site and between properties and activities within the neighborhood;
p. Incorporates design features to enhance convenience and safety across parking lots and driveways;
q. Outdoor lighting is provided which promotes pedestrian and vehicle safety and crime prevention and is confined to the site;
r. Recreational areas are accessible to the residential units they are intended to serve;
s. Signs complement the architectural theme of buildings, are an integral part of a site design, and are consistent with provisions set forth in this title; t. The site design contributes to speedy access to all buildings for fire, medical and police response; and
u. The site design incorporates provisions for barrier-free access for the handicapped.

SECTION 4. Planning Commission Recommendation
Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves the requested Site and Architecture Design.

The Planning Commission further recommends that the Escalon City Council consider approval and adoption of the rezone to P-D(4).

The Planning Commission further recommends that the Escalon City Council amend the City of Escalon Zoning Map to rezone the site from C-2 to P-D(4), in accordance with the following conditions:

CONDITIONS OF APPROVAL
2304 JACKSON AVENUE, ESCALON CA 95320
APN: 227-270-170-000

SPECIFIC CONDITIONS

1. APPROVAL. This Site and Architecture approval shall run with the land, and its benefits and limitations are binding on subsequent owners. Dependent on the City Council’s approval of the Planned Development rezone, the Site and Architecture Application as approved by the Planning Commission on March 11, 2025 allows:
• The applicant to develop an 17 unit, two-story, residential apartment building and two commercial suites including associated underground utilities, paved parking lot, landscaping, and common area.

2. SITE AND ARCHITECTURE VALIDITY. The Site and Architecture approval is specific to the project and runs with the land. If the Project is modified, an Amendment is required. Substantial construction work must commence within two (2) years to prevent a lapse of the Site and Architecture approval. If the approval will lapse, the applicant can apply for an extension in accordance with EMC 17.51.

3. SECOND STORY STANDARDS: Buildings shall comply with EMC Chapter 17.12.040 Second Story Standards in which any openings in the second story walls facing or viewing a neighbor’s rear yard shall have to mitigate the view by options provided in the code section.

4. MECHANICAL EQUIPMENT: All rooftop mechanical equipment that may be visible from off the site shall be screened as to minimize the visual impact from off the site, and in a manner that is architecturally compatible with the building on which it serves. Location of all mechanical equipment and screening subject to review and approval by the Planning Department.

5. INCLUSIONARY HOUSING AGREEMENT: The developer shall enter into an inclusionary housing agreement and provide affordable housing units pursuant to EMC Chapter 17.50. The inclusionary housing agreement shall be executed and recorded pursuant to this chapter as a condition of approval. If the developer opts to deed restrict the units affordable, the administration of the affordable housing program for this property shall be conducted by third party professional approved by the City. Any fees paid to the third party professional for this program shall be paid by the development. City Staff will work with the developer to ensure a program is in place so that the fees are covered by the development for the life of the deed restriction.

6. COMMUNITY FACILITIES DISTRICT: The City of Escalon is evaluating the use of Community Facilities Districts (CFDs). Should the City Council adopt a policy or Ordinance which authorizes to proceed with the formation of CFDs, this will become a requirement of the project.

7. GROWTH MANAGEMENT PROCEDURES: Project shall apply for building permit allocations after project approval.

8. This list of Conditions of Approval shall be printed in every plan set submittal for building permit approval.

ENGINEERING COMMENTS

SITE PLAN/GRADING/DRAINAGE

9. The trash enclosure shall be enclosed and covered with a water supply and sewer connection per City Standards.

10. ADA access to the trash enclosure from the commercial and residential areas shall be provided.

11. Provide curb stops at all parking areas.

12. The ADA ramp at the intersection of Elisabeth and SR 120 shall be directional and only cross Elisabeth.

13. Improve Elisabeth Avenue to City Standards including sidewalk, landscaping.

14. Install crosswalk at the intersection of Elisabeth and SR 120.

15. Replace all broken and damaged existing concrete curb in Elisabeth Avenue.

16. Provide truncated domes at the sidewalk driveway transitions.

17. Extend the CMU wall along the easterly property line from the existing location to SR 120 matching the style and color.

18. Provide bike lockers and/or racks for the residential and commercial users.

19. If a restaurant is proposed in the commercial suites, a grease interceptor is required.

20. A Caltrans encroachment permit will be required for all work located within the SR 120 right of way.

21. The applicant will need to coordinate with SSJID for the abandonment and removal of the existing pipeline and stand pipe located along the easterly boundary.

22. A complete site grading and drainage plans shall be prepared by a licensed civil engineer and submitted, reviewed and approved by the City Engineer.

23. The grading and drainage plan shall show that all storm water shall be detained on site and treated prior to discharge in accordance with City policy on low impact development and MS4 year 2 requirements.

24. A geotechnical report including percolation rates for the storm drain system is required.

25. Provide storm drainage calculations for the French drain system including storage volumes and showing that the system will empty within 48 hours.

26. Prior to the issuance of grading permits the plans and specifications shall include reference and conformance to the SJVUAPCD dust control measures and shall be subject to District Regulation VIII, Rule 8010, 8020, 8030, 8060 and 8070 of Regulation VII.

27. If during the course of project related activities, cultural resources are encountered, work will halt in the immediate vicinity of the resource while a qualified archaeologist or historian evaluates the resource and makes recommendations.

28. If the finish grade of any lot is more than one (1) foot lower or higher than any adjoining lot, a masonry block wall or grade transition shall be constructed in accordance with the approved grading plan.

29. A SWPPP erosion control plan is required.

30. All storm inlets shall be fitted with filters designed to capture any pollutants of concern and execute storm water maintenance agreement with City.

31. Install storm drainage system to conform to the City of Escalon storm drainage standards and permits. All storm drainage shall be managed on-site.

32. An Engineer’s Estimate shall be provided for all on and off site improvements.

33. Provide a e-copy of the preliminary title report for the subject site with links to the exceptions.

34. Electronic and paper As-Built plans shall be submitted for the site and structures.

WATER

35. Install water system per the requirements of the City of Escalon including backflow preventer, blanket, cage, fire department connection, post indicator valve, water meters and valves.

36. Utilize existing stubs for water where possible to minimize curb cuts.

37. The water system shall be installed, tested, approved and operational prior to any building final approval.

38. The site shall have a separate meter for landscaping and domestic use.

SANITARY SEWER

39. The sanitary sewer system shall be designed and constructed in conformance with the City Standards (latest edition) and the City’s Sewer System Master Plan and any approved alterations thereto.

40. Utilize existing stubs for sewer where possible to minimize curb cuts.

41. A sewer clean out is required at the property line and point of connection.

42. SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION & OPEN SPACE PLAN. The City of Escalon is a signatory to San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). This Project is subject to the SJMSCP.

This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org. All SJMSCP requirements shall be met. See attached comment letter dated September 13, 2023.

43. BUILDING & FIRE DEPARTMENT: All Building and Fire Department requirements shall be met. See attached Building and Fire Department comment letter dated September 13, 2023.

44. MODESTO IRRIGATION DISTRICT: All Modesto Irrigation District requirements shall be met. See attached comment letter dated September 18, 2023.

45. SOUTH SAN JOAQUIN IRRIGATION DISTRICT: All South San Joaquin Irrigation District requirements shall be met. See attached comment letter dated September 25, 2024.

46. CALTRANS: All Modesto Irrigation District requirements shall be met. See attached comment letter dated February 1, 2024.

47. SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT: All San Joaquin County Environmental Health Department requirements shall be met. See attached comment letter dated September 12, 2023.

48. GILTON SOLID WASTE: Trash enclosures must be approved by Gilton Solid Waste.

See attached comment letter dated January 16, 2024.

STANDARD CONDITIONS

49. USE LIMITATION: The use shall be limited to the type of operation described in the Planning Commission staff report, conditions of approval, plans, and as approved by the Planning Commission on March 12, 2024.

50. USE OF PROPERTY. Use of the property shall be conducted in such a way that it does not constitute a nuisance to the surrounding neighborhood. If the City Planner/Planning Commission/City Council finds at any time that any use of the property constitutes such a nuisance or is otherwise detrimental to the neighborhood or to the community, such use shall be discontinued or modified as may be required. Failure to fully comply with all

conditions of this approval may result in revocation of this permit. Owner retains the right to challenge any such determination pursuant to the procedures set forth in the Escalon Municipal Code and at law.

51. CHANGE IN OCCUPANCY OR USE: Any changes in the use, operational and/or physical characteristics of the site other than that approved herein shall be approved in advance of the change by the City Planner, who may impose such requirements in addition to those set forth herein as may be necessary for the protection of adjacent properties and the public interest. If the City Planner finds that any proposed change in occupancy or use would represent a substantial deviation from the purpose for which this Planned Development and Site and Architecture was granted, then such change shall be considered at a public hearing before the Planning Commission as an amendment to this permit.

52. BUILDING PERMITS: All applicable building permits must be obtained and approved by the Building Permits Division. All building permits must comply with the current California Code of Regulations, Title 24.

53. CONTAMINATION: No fats, oil, grease, organic waste, medications, antifreeze or other hazardous materials shall enter the City sewer or storm drain systems or contaminate adjacent parcels.

54. CODE COMPLIANCE: Notwithstanding any other conditions of this approval, all construction and improvements shall be in strict accordance with zoning, building, fire, and all other codes and ordinances of the City of Escalon or agencies that have regulatory jurisdiction over the City of Escalon, which shall be met prior to issuance of a certificate of occupancy or final building inspection.

55. CEQA: City Staff will file the Notice of Exemption with the County Recorder’s Office.

Pursuant to Section 711.4 (e) (3) of the California Fish and Game Code, no project shall be operative, vested, or final, nor shall local government permits for the project be valid, until the filing fees required pursuant to this section are paid.

56. HOLD HARMLESS AND INDEMNIFICATION: The applicant shall defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this approval. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate in the defense. The applicant shall defend, indemnify, protect and hold harmless the City or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate in the defense.

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth. The City and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

57. COMPLIANCE WITH CONDITIONS: All of these conditions and any and all requirements of California State Law or Regulations and conditions/comments from outside agencies (Habitat, Fire, SSJID, Utility companies, Mosquito Vector Control District, etc.) shall be completed or obligated to the satisfaction of the City, Building Inspector, Fire Chief, and Police Chief, prior to the issuance of permits, unless otherwise stated in the specific conditions.

58. CONSTRUCTION HOURS: Construction hours shall adhere to the noise ordinance set forth in Chapter 8.16 of the Escalon Municipal Code.

59. MAINTENANCE. All common areas, parking areas, driveways, and other paved surfaces, access ways and grounds shall be regularly maintained by the Homeowners Association and kept free of weeds, litter, and debris, and all pavement markings shall be clear and legible at all times. All exterior building and wall surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired in conformance with approved designs, materials, and finishes.

60. HAZARDOUS MATERIALS: All hazardous materials (i.e. oil, grease, antifreeze, gasoline, agricultural chemicals, etc.) storage and disposal shall be accomplished in accordance with the San Joaquin County Health Department and all other applicable local, State and federal agency guidelines, requirements and laws and shall be checked and approved by the City Engineer.

61. FEES: All applicable fees, including building, site improvement, school, outside agency, and mitigation fees shall be paid prior to any permits being issued.

62. BUSINESS LICENSE: All contractors and subcontractors working on the project are required to obtain a business license prior to starting work.

63. LIGHTING: All exterior lighting shall be confined to the site and designed to reflect light away from the surrounding premises and all public rights-of-way. No light source shall be

visible from off the site.

PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Escalon at a regular meeting on the 11th day of March 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
STEVE CASTELLANOS, Chair
ATTEST:
______________________________________
MICHELE BATES, Commission Secretary

ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCALON ADOPTING

AN AMENDED ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONE FOR PARCEL NUMBER: 227-270-017,
Applicant: Gurmat Lions. Inc., PJ Khinda
Location: 2304 Jackson Avenue, Escalon, CA 95320

THE CITY COUNCIL OF THE CITY OF ESCALON DOES ORDAIN AS
FOLLOWS:

SECTION 1. Purpose. The purpose of this Ordinance is to adopt an amended zoning map and approve a planned development zone.

SECTION 2. Authority. The City Council enacts this Ordinance under the authority granted to cities by Article XI, section 7 of the California Constitution.

SECTION 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.

SECTION 5. Publication. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary thereof in a newspaper of general circulation in the City of Escalon and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption of the proposed ordinance; and within fifteen days after adoption, the City Clerk shall publish a summary of the ordinance with the names of the members of the City of Escalon City Council voting for and against the same.

SECTION 6. Background. This ordinance was adopted after the following proceedings had occurred:
a. The City received an application from Gurmat Lions, Inc., PJ Khinda, for the property listed above for approval of a Planned Development to allow the construction of a two-story 17- unit apartment development, including 1,800 square feet of service commercial space. b. On March 11, 2025, the Planning Commission held a public hearing on this matter; received public comment; and made a written recommendation to the City Council.

EXHIBIT J

c. On XXXX xx, 2025, the City Council held a public hearing and received public comment on the application.
d. The City Council has duly considered the application, the staff report, the Planning Commission’s recommendation, and comments from the public.

SECTION 7. Findings. The City Council makes the following findings:
a. The proposed planned development use is consistent with the General Plan and Zoning Ordinance of the City of Escalon.
b. The proposed planned development will not be detrimental to present and potential surrounding uses, but will have a beneficial effect, which could not be achieved under other zoning districts. Adoption of the PD zoning will allow the expansion of an existing business while limiting the permissible uses in this unique area surrounded by residential uses. c. The intensity of development will not generate traffic in such amounts as to overload the street network outside of the PD District. No degrading of existing Level of Service will occur.
d. The proposed planned development is economically justified at the chosen location.
e. The impact created by the proposed planned development can be absorbed and serviced by the City. Existing Water, Sewer, and Storm lines are available to the site. No unusual demands for these utilities is proposed.
f. The project is exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines.

SECTION 8. Adoption. The City Council hereby approves and applies the Planned Development (PD) zone to APNs 227-270-017, AS SHOWN ON THE Amended Zoning Map attached hereto and incorporated as Exhibit A.

SECTION 9. Standards. Development of the site will be subject to the following PD4 – Jackson Avenue Apartments. Standards:

1. LAND USE: The site may be developed and used for no more than 17 multi-family dwelling units and 1,800 square feet of service commercial space, and associated parking.

2. DESIGN REVIEW: The design of the Site Plan and all structures on the site are subject to review and prior approval by the Planning Commission/City Council in accordance with the City’s Site and Architecture application requirements.

3. CONDITIONS OF APPROVAL: Project must adhere and conform to all Conditions of Approval approved by City Council.

4. RELATIONSHIP OF PD PROCEDURES TO OTHER ORDINANCES: Compliance with the provisions of the Planned Development chapter of the Escalon Municipal Code does not relieve the applicant from having to comply with any other applicable ordinance of the city.

WATER

5. The water system shall be designed and constructed in conformance with the City Standards, the City’s Water System Master Plan and the approved Conditions of Approval.

SANITARY SEWER

6. The sanitary sewer system shall be designed and constructed in conformance with the City Standard, the City’s Sewer System Master Plan and the approved Conditions of Approval.

PUBLIC UTILITIES

7. All utilities on the project site and associated with the proposed subdivision, including gas, electrical, telephone, cable Television and electrical transformers, shall be placed underground. Only existing overhead utilities in the public right-of-way may remain overhead.

INTRODUCED at a regular meeting of the City Council held on XXXX xx, 2025 and PASSED AND ADOPTED by the City Council of the City of Escalon, State of California, on XXXX xx, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
ANDREW T. HAGAN, Mayor
ATTEST:
____________________________
MICHELE BATES, Deputy City Clerk

EXHIBIT A
Amended Zoning Map

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MINUTES

ESCALON PLANNING COMMISSION
MEETING OF MARCH 11, 2025
City Council Chambers, 2060 McHenry Avenue -6:30 P.M.

Beginning Resolution No. 2025-01
Beginning Minute Order No. 2025-01
CALL TO ORDER Vice Chair Dunbar

A. Flag Salute
B. Roll Call
PRESENT: Vice Chair Dunbar, Commissioners Willis and Van Dyk EXCUSED: Chair, Steve Castellanos
STAFF PRESENT: Jaylen French - City Manager (CM), Andreas Booher - City Attorney, Diana Trejo – Assistant Planner

CONSENT CALENDAR
These items are considered routine in nature and are acted upon by a single action unless requested by an individual Commissioner or member of the public for special consideration.

1. Approve the Minutes from the Special Meeting of December 17, 2024.

MOTION – it was m/s by WILLIS/VAN DYK to Approve the Minutes from the Special Meeting of December 17, 2024. MOTION 3-0. MINUTE ORDER 2025-01

PUBLIC HEARINGS

2. Project 23-788: Planned Development and Site & Architecture 2304 Jackson Avenue, Escalon CA 95320 | APN 227-270-170-000 Applicant requesting approval to rezone a 0.89-acre lot from C-2 to Planned Development and develop a 17-unit, two-story, residential apartment building and two commercial suites. Proposed development also includes underground utilities, paved parking lot, landscaping, and common area. CEQA Class 32 Categorical Exemption under Section 15332 In-Fill Development Projects.

CM French noted the absence of two commissioners: Mr. Sarkozy, who resigned due to relocating outside the area, and Mr. Castellanos, who had provided prior notice of his unavailability due to travel. Despite these absences, a quorum was established with the presence of three commissioners, allowing the Commission to proceed with official business.

CM French delivered a staff report accompanied by a PowerPoint presentation on Project 23-788, a Planned Development proposed for the northeast corner of State Route 120 and Jackson Avenue.

MINUTES
Planning Commission Meeting
March 11, 2025

The final decision on the project rests with the City Council and the Planning Commission will provide a formal recommendation.

Commission Vice Chair Dunbar opened the Public Hearing at 6:43 P.M.

Resident Renee Snow expressed concerns regarding the proposed apartment complex, focusing on its potential traffic impact on surrounding neighborhoods. She questioned the adequacy of the proposed two parking spaces per unit, suggesting it may result in increased street parking. Ms.

Snow also inquired about the approval process, specifically why the property was acquired prior to the complex receiving formal approval. Additionally, she requested a list of similar properties to evaluate their maintenance standards, as well as information on the percentage of low-income residents and crime statistics associated with those developments.

Resident Cheryl Shultz echoed concerns related to traffic flow in the vicinity of the proposed development. She agreed that the proposed parking arrangements may be insufficient and could contribute to on-street parking issues. Ms. Shultz noted that a number of local residents oppose the project and asked whether a petition could be submitted to the City Council should sufficient community opposition arise. CM French clarified that all community input is welcome.

Resident Chris Beale shared similar concerns, particularly regarding traffic congestion, with an emphasis on access to State Route 120 from Elisabeth Avenue. He also expressed apprehension about the inclusion of low-income housing within the development.

Resident Breanne Cerasi inquired about the project’s approval process. CM French explained that the applicant is required to submit the appropriate documentation, after which City staff will review the application for compliance with applicable codes, zoning regulations, and planning guidelines. The project is then brought before the Planning Commission for a recommendation, with the final decision to be made by the City Council. In response to Ms. Cerasi’s question about future opportunities for public input, CM French confirmed that a public hearing would also be held at the City Council level. She further asked about potential zone changes adjacent to the project site, and CM French provided clarification.

Resident Martha Martinez voiced concerns regarding the adequacy of parking, suggesting that there may not be enough spaces to accommodate both residents and visitors, potentially resulting in overflow parking on nearby streets. She also expressed concerns about increased traffic and the potential safety risks to children in the area. Ms. Martinez stated her preference for the property to remain designated for commercial use, as it would offer additional amenities and options for residents.

CM French responded by noting that the proposed project meets all parking requirements. He also explained that, in general, residential developments generate less traffic than commercial uses.

Property owner PJ Khinda acknowledged residents’ concerns regarding traffic and the desire to preserve the close-knit nature of the community. He noted that, as a small-scale developer, he is aware of the limited housing options in the area. Mr. Khinda emphasized that some level of development is necessary to support improved infrastructure and generate additional tax revenue

MINUTES
Planning Commission Meeting
March 11, 2025

for the city. To address questions regarding property upkeep, he offered to provide a list of existing properties under his management to demonstrate their maintenance standards.

Resident Rosemary Shultz reiterated concerns about traffic and recommended that Caltrans be consulted about the potential installation of a traffic signal at the intersection of Highway 120 and Elisabeth Avenue. CM French responded that, as of now, there have been no discussions with Caltrans regarding the installation of a signal at that location.

Resident Chris Beale expressed appreciation for Mr. Khinda’s comments but shared that his family chose to move to Escalon with the expectation of a different type of development and did not anticipate affordable housing being built in close proximity.

Architect Mark Lee addressed the concerns raised by residents and explained that the project team has been actively collaborating over the past two years with Caltrans, the city’s planning department, and the local irrigation district to ensure the project meets all regulatory requirements.

He stated that the proposed development includes more parking than is typically required and clarified that most apartment units generally house one to two occupants rather than large families.

Mr. Lee also explained that the inclusion of low-income housing units is a requirement mandated by the City. He noted that the project has undergone four to five revisions during the planning process to ensure full compliance with applicable codes and standards.

CM French further clarified Caltrans’ role in the project review, stating that the agency has identified concerns regarding site access, specifically ingress, egress, and exit points onto Highway 120. These concerns remain under review as part of the project’s evaluation.

Commission Vice Chair Dunbar closed the Public Hearing at 7:21 P.M.

Commissioner Willis raised multiple concerns regarding the proposed project. She questioned the "pork chop" design at the Highway 120 entrance and whether it would allow sufficient turning radius for emergency vehicles, particularly fire department apparatus. She also expressed concerns about second-story windows potentially affecting the privacy of an adjacent residential property.

Additional safety concerns were noted regarding pedestrian behavior, specifically the likelihood of individuals bypassing the designated crosswalk, and she inquired about the minimum spacing requirements for lighted crosswalks. Commissioner Willis also expressed concern that the recessed location of Orlando’s might result in reduced visibility from the street.

Commissioner Van Dyk questioned whether a zoning change was required for the project. CM French clarified that residential use is conditionally permitted within the existing C2 (General Commercial) zoning district with a rezone to Planned Development (PD).

Vice Chair Dunbar asked for clarification on the number of covered parking spaces, noting a discrepancy between 15 and 17. Property owner PJ Khinda responded that this detail is still being finalized and has not yet been confirmed. He also shared that the development team is coordinating with the landscape engineer to determine appropriate tree placement and sizing to ensure adequate privacy for neighboring properties. Vice Chair Dunbar also inquired about potential food service on-site and the associated requirement for grease interceptors. Mr. Khinda indicated there may be

MINUTES
Planning Commission Meeting
March 11, 2025

a quick-service food option where customers can pick up meals. CM French added that any proposed food service use would require formal review and approval, and would be subject to specific conditions before being allowed to proceed.

Vice Chair Dunbar inquired about the landscaping plans for the area between the project site and Elisabeth Avenue. Property owner PJ Khinda responded that they are considering a combination of sod, bark, and grass for that portion of the site. He also noted that drainage for the entire property has been accounted for in the planning process, and that they are coordinating with the architect to ensure full asphalt paving throughout the development. Regarding affordability, Mr. Khinda explained that rental rates for the affordable housing units would be based on a percentage of tenant income.

Commissioner Van Dyk expressed reservations about transitioning the site from commercial to residential use, citing concerns about the overall appearance and character of the proposed development.

Vice Chair Dunbar also expressed concerns regarding state housing mandates and the required variety of housing types. However, he indicated that he remains open to alternative uses for the property, particularly given its proximity to existing residential areas.

Commissioner Willis identified specific concerns with Items #9, #11, and #16 in the project plans, noting that they could interfere with emergency access for the Fire Department.

MOTION - m/s WILLIS/VAN DYK based on safety for any future residents, access by fire, medical and police response, and based on safety of the neighborhoods for both vehicular and pedestrian traffic, to deny the application. MOTION carried 2-1 (Dunbar - Nay). MINUTE ORDER 2025-02

ADMINISTRATIVE MATTERS
None

MATTERS PRESENTED FROM THE AUDIENCE
None

STAFF COMMUNICATIONS
None

COMMISSIONER COMMUNICATIONS
None

ADJOURNMENT

MINUTES
Planning Commission Meeting
March 11, 2025

There being no further business, Vice Chair Dunbar adjourned the meeting at 7:54 p.m.

Respectfully Submitted,
______________________________________
Michele Bates, Deputy City Clerk

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MINUTES

CITY COUNCIL SPECIAL MEETING
APRIL 7, 2025 – 6:00 PM
Escalon City Hall, Council Chambers, 2060 McHenry
A. CALL TO ORDER - Mayor Andrew Hagan
Mayor Hagan called the meeting to order and explained that comments should be provided on the agenda item only. He emphasized that any questions raised would be addressed prior to or at Council’s consideration of the project.

CM French addressed the audience and Council, explaining that the purpose of the meeting is to provide residents with an opportunity to provide their input prior to the item being placed on an agenda for action.

B. PUBLIC COMMENT – Jackson Avenue Apartment Project
Resident Dixie Woodward expressed concerns about the potential increase in traffic due to the project being on Elizabeth and Highway 120. She asked if a stoplight has been considered for the intersection.CM French clarified that a stoplight was not proposed or warranted based on this project. Ms. Woodward emphasized that safety should be prioritized, especially with families moving in, and the increased traffic to and from local schools. While she is not opposed to the project itself, she believes it should be located in a different area of Escalon to ensure better traffic control.

Resident Sherry Hill sees the project as a positive step for the City, emphasizing the need for affordable housing. She noted that with the State overseeing the City’s development, it is important to move forward with the project to avoid state intervention in local housing issues. Ms. Hill believes that the absence of a stoplight should not be a deal breaker. She also inquired about the potential for businesses below the apartments, to which CM French confirmed that there are two designated areas for businesses.

Resident Gabriella Vargas expressed concern about the traffic at Elizabeth and Highway 120, agreeing a stoplight should be considered. She also raised questions about parking availability for renters, whether Escalon residents would have priority for rental units, and if the housing would be for seniors or low-income individuals. Ms. Vargas inquired about the specific businesses planned for the apartment complex.CM French responded that the proposed businesses had not been identified yet. Additionally, she asked if a playground would be provided for children living in the units, and if it would be accessible only to residents in the apartments or open to all Escalon residents. CM French confirmed that an outdoor playground is proposed in the project and by nature is open to everyone.

CM French clarified that the proposed project includes 15 market-rate units and two affordable units consistent with the City’s Inclusionary Housing Ordinance . City Attorney Splendorio further explained that enforcing priority for Escalon residents would be challenging due to Fair Housing Laws, which mandate fair and equitable housing for all.

Both the developer and state law will ultimately determine how this aspect of the project unfolds.

Developer PJ Khinda addressed the resident’s concerns. He shared that a gas station or car wash would create more traffic than the proposed apartments, with people coming and going throughout the day. He suggested that there were multiple other gas stations and other such commercial uses nearby. Mr. Khinda then highlighted the lack of available rental properties in Escalon, emphasizing that the goal is to provide affordable rental units.

He reassured residents that adequate parking has been planned for renters, and a play area for children will be included. Of the 17 units, only two are designated affordable. All units will be one or two bedrooms, with one three-bedroom unit. Additionally, there is a possibility of offering pre-leasing opportunities to Escalon residents before opening up leasing to others.

Resident Renee Snow shared that after attending the first meeting, she had a better understanding of the project but still had concerns. First, she raised the change in plans from a car wash to apartments. Ms. Snow also expressed concerns about the amount of parking available per unit, and worried that cars mightpark on the street or in Orlando's parking lot. She shared further concern about school availability. Ms. Snow mentioned she had started a petition against the project and was curious if the Council would consider.

She also raised that removing the C2 zoning could leave the area open to other different developments, and could limit the Council’s control over future projects. She compared this situation to a similar issue that occurred in Riverbank.

Resident Linda Gentry expressed that she is not in favor of the apartment development in that particular location. She believes the project might be better suited for a different area of Escalon. She supports the idea of commercial development, and does not agree with the apartments being proposed for this space.

Developer PJ Khinda responded that he had considered a car wash but ultimately felt that the housing project was a better fit for the location. He mentioned that he is working with the landscaping engineer to ensure privacy and improve the aesthetics of the development.

Regarding the two commercial pads, Khinda expressed his desire to get input from residents on what types of businesses would be most suitable for those spaces. He noted that he held a meeting last summer to gather feedback, but the turnout was lower than he had hoped.

Councilmember Kay asked the developer whether he planned to use the two commercial pads himself or rent them out. PJ Khinda responded that the intention is to rent out the commercial pads.

Resident Cheryl Shultz asked if the petition would have any impact on the Council’s decision. Mayor Hagan responded that all comments and concerns would be taken into consideration during the decision-making process.

ADJOURNMENT
Mayor Hagan thanked everyone for attending and sharing their input. The meeting was adjourned at 6:49 p.m.

Respectfully Submitted,
_____________________________
Michele Bates, Deputy City Clerk

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From: [email protected]
To: [email protected]
Subject: Project 23-788 planned dev and site and architecture Date: Saturday, April 12, 2025 1:00:31 PM
Why oversize a small quiet town, the town of Escalon is perfect the way it is, Please do not add a 17-unit two story building or anything else like it.

Thank you and Sincerely, John and Tami Shepherd
Sent from AOL Mobile Mail

EXHIBIT D

COUNCIL

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EXHIBIT E

COUNCIL

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Ord.XXX PD Zone – Gurmat Lions, Inc. (Adopted xx/xx/2025) Page 1 ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCALON ADOPTING

AN AMENDED ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONE FOR PARCEL NUMBER: 227-270-017,
Applicant: Gurmat Lions. Inc., PJ Khinda
Location: 2304 Jackson Avenue, Escalon, CA 95320

THE CITY COUNCIL OF THE CITY OF ESCALON DOES ORDAIN AS
FOLLOWS:

SECTION 1. Purpose. The purpose of this Ordinance is to adopt an amended zoning map and approve a planned development zone.

SECTION 2. Authority. The City Council enacts this Ordinance under the authority granted to cities by Article XI, section 7 of the California Constitution.

SECTION 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.

SECTION 5. Publication. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary thereof in a newspaper of general circulation in the City of Escalon and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption of the proposed ordinance; and within fifteen days after adoption, the City Clerk shall publish a summary of the ordinance with the names of the members of the City of Escalon City Council voting for and against the same.

SECTION 6. Background. This ordinance was adopted after the following proceedings had occurred:
a. The City received an application from Gurmat Lions, Inc., PJ Khinda, for the property listed above for approval of a Planned Development to allow the construction of a two-story 17- unit apartment development, including 1,800 square feet of service commercial space. b. On March 11, 2025, the Planning Commission held a public hearing on this matter; received public comment; and made a written recommendation to the City Council.

Ord.XXX PD Zone – Gurmat Lions, Inc. (Adopted xx/xx/2025) Page 2 c. On April 21, 2025, the City Council held a public hearing and received public comment on the application.
d. The City Council has duly considered the application, the staff report, the Planning Commission’s recommendation, and comments from the public.

SECTION 7. Findings. The City Council makes the following findings:
a. The proposed planned development use is consistent with the General Plan and Zoning Ordinance of the City of Escalon.
b. The proposed planned development will not be detrimental to present and potential surrounding uses, but will have a beneficial effect, which could not be achieved under other zoning districts. Adoption of the PD zoning will allow the expansion of an existing business while limiting the permissible uses in this unique area surrounded by residential uses. c. The intensity of development will not generate traffic in such amounts as to overload the street network outside of the PD District. No degrading of existing Level of Service will occur.
d. The proposed planned development is economically justified at the chosen location.
e. The impact created by the proposed planned development can be absorbed and serviced by the City. Existing Water, Sewer, and Storm lines are available to the site. No unusual demands for these utilities is proposed.
f. The project is exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines.

SECTION 8. Adoption. The City Council hereby approves and applies the Planned Development (PD) zone to APNs 227-270-017, AS SHOWN ON THE Amended Zoning Map attached hereto and incorporated as Exhibit A.

SECTION 9. Standards. Development of the site will be subject to the following PD4 – Jackson Avenue Apartments. Standards:

1. LAND USE: The site may be developed and used for no more than 17 multi-family dwelling units and 1,800 square feet of service commercial space, and associated parking.

2. DESIGN REVIEW: The design of the Site Plan and all structures on the site are subject to review and prior approval by the Planning Commission/City Council in accordance with the City’s Site and Architecture application requirements.

Ord.XXX PD Zone – Gurmat Lions, Inc. (Adopted xx/xx/2025) Page 3

3. CONDITIONS OF APPROVAL: Project must adhere and conform to all Conditions of Approval approved by City Council.

4. RELATIONSHIP OF PD PROCEDURES TO OTHER ORDINANCES: Compliance with the provisions of the Planned Development chapter of the Escalon Municipal Code does not relieve the applicant from having to comply with any other applicable ordinance of the city.

WATER

5. The water system shall be designed and constructed in conformance with the City Standards, the City’s Water System Master Plan and the approved Conditions of Approval.

SANITARY SEWER

6. The sanitary sewer system shall be designed and constructed in conformance with the City Standard, the City’s Sewer System Master Plan and the approved Conditions of Approval.

PUBLIC UTILITIES

7. All utilities on the project site and associated with the proposed subdivision, including gas, electrical, telephone, cable Television and electrical transformers, shall be placed underground. Only existing overhead utilities in the public right-of-way may remain overhead.

INTRODUCED at a regular meeting of the City Council held on XXXX xx, 2025 and PASSED AND ADOPTED by the City Council of the City of Escalon, State of California, on XXXX xx, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
ANDREW T. HAGAN, Mayor
ATTEST:
____________________________
MICHELE BATES, Deputy City Clerk

Ord.XXX PD Zone – Gurmat Lions, Inc. (Adopted xx/xx/2025) Page 4

EXHIBIT A
Amended Zoning Map

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