Escondido City Council
March 2, 2022

Legal Description

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Environmental Determinations:

1. Pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et. seq.) (“CEQA”), and its implementing regulations (14 C.C.R. § 15000 et seq.) (“CEQA Guidelines”), the City of Escondido (“City”) is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the Project.

2. The Project qualifies for an exemption from further environmental review pursuant to CEQA Guidelines section 15332 (In -Fill Development P rojects) because the Project is consistent with applicable provisions of the Escondido General Plan and South Centre City Specific Plan; is on a site within city limits that is of no more than five acres and is substantially surrounded by urban uses; is on a site that has no habitat value for special status species; can be adequately served by all required utilities and public services; and would not result in any significant effects relating to traffic, noise, air quality, or water quality. The Project also does not trigger any exceptions to the categorical exemption as listed in CEQA Guidelines section 15300.2 . Technical studies were requested by the Planning Division to substantiate the categorical exemption as applied to the Project.

3. The City Council has independently considered the full administrative record before it, which includes but is not limited to the January 25, 2022, Planning Commission staff report; the March 2, 2022, City Council staff report; testimony by staff and the public; and other materials and evidence submitted or provided to it. The administrative record demonstrates that each of the above requirements have been satisfied. No substantial evidence has been submitted that would support a finding that any of the above -described exemption requirements has not been satisfied. The Project will not have a significant effect on the environment, and all of the requirements of CEQA have been met.

No Net Loss:

1. The purpose of Government Code section 65863 (“No Net Loss Law”), is to ensure development opportunities remain available throughout the planning period to accommodate a jurisdiction’s regional housing need allocation (“RHNA”), especially for lower- and moderate- income households.

Jurisdictions also cannot approve new housing at significantly lower densities or at different income categories than was projected in the Housing Element without making specific findings and identifying other sites that could accommodate these units and affordability levels “lost” as a result of the approval.

2. The Project complies with the Housing Element portion of the General Plan and California State No Net Loss Zoning Law, in that:

a. The City’s Fifth RHNA Cycle consists of 4,175 total units, including 733 moderate-income units and 1,873 lower -income units. T he Housing Element Residential Site Inventory identified a total capacity for 4,561 units to accommodate extremely/very low, low, moderate, and above moderate-income affordability levels.

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b. Since 2012, the City has produced 1,866 total housin g units during the course of the Fifth RHNA Cycle. As of January 1, 2021, the total remaining RHNA obligation is 2,309 total units, including 655 moderate-income units and 1,634 lower-income units.

c. Government Code section 65583(a)(3) requires local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. The City performed this analysis in March, 2021, and identified suitable sites that can be developed for housing. O verall, vacant and underutilized properties in the South Centre City Specific Plan area are projected to accommodate 1,038 new moderate-income and lower-income units. The Project would result in no net loss because it will be developed at the maximum density permitted for the property as identified in the South Centre City Specific Plan, and total housing yield capacity exceeds the remaining RHNA obligations in the lower-income category.

d. The inventory of suitable land within the Downtown Specific Plan and South Centre City Specific Plan may be used to identify sites that can be developed for housing within the Fifth RHNA Cycle planning period. W ith the entitlement of the Project, there are available sites in the Housing Element Residential Site Inventory adequate to meet the City’s RHNA for very low and low-income categories.

Plot Plan Findings

1. The Project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, South Centre City Specific Plan provisions, Specific Planning Area provisions, and Improvement Standards adopted by the City.

2. The Project site is zoned SP and is within the Southern Entry District of the South Centre City Specific Plan. One goal of the Southern Entry District is to encourage the orderly development and to ensure the presence of new development is part of the neighborhood balance. The proposed architecture, site design, and landscaping, are suitable for the purposes of the Project, and the site and will enhance the character of the surrounding area. The architecture, including the scale and quality of the design, relationship of the site to other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signage, and similar elements, establishes a clear design concept and is compatible with nearby properties. In addition, the Project's design utilizes a variation of structural and non -structural elements to reduce the facility's overall scale and ensure that the development respects the architectural character established in adjacent residential and commercial development, and adds value with significa nt reinvestment on the subject property. Overall, the Project enhances the site's character and complements surrounding development.

3. As proposed, the Project utilizes a functional layout that adequately achieves the City's required parking, pedestrian ac cess, landscaping, and lighting development provisions. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking, landscaping, and other development features, prescribed by Code or as is otherwise required in order to integrate said use with the uses in the surrounding area.
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4. The proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms o f transit adequate to carry the kind and quantity of individuals such use would generate.

5. The proposed use at the location requested will not adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding a rea; and will not have a substantial adverse effect on abutting property or the allowed use of the abutting property because it will not generate excessive noise, traffic, vibration, or other disturbance. Furthermore, the Project is subject to conditions of approval that will ensure consistency with all standard requirements.

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CONDITIONS OF APPROVAL

This Project is conditionally approv ed by the City Council as set forth on the application received by the City of Escondido on November 28, 2018, and the Project drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as approved on March 2, 2022, and shall not be altered without express authorization by the Community Development Department.

For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, and the Applicant’s successors in interest, as may be applicable.

A. General:

1. Acceptance of Permit. If the Applicant fails to challenge this action in court within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant:

a. Acceptance of the Permit by the Applicant; and

b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.

2. Permit Expiration. If the Permit was filed as or concurrent with a Tentative Map or Planned Development application, the Permit shall expire 36 months from the effective date of approval, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code. If not filed as concurrent with a Tentative Map or Planned Development application, the Permit shall automatically expire after one year from the date of this approval, or the expiration date of any extension granted in accordance with the Escondido Municipal Code and Zoning Code, unless a different date is specified in any Development Agreement approved for the Project.

The Permit shall be deemed expired if a building permit has not been obtained or work has been discontinued in the reliance of that building permit. If no building permits are required, the City may require a noticed hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed, pursuan t to and in accordance with the provision of this Permit.

3. Certification. The Director of Community Development, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its enti rety, as 216
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necessary to make them internally consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. Three copies of final Approved Plan set, shall be submitted to the Planning Division for certification. Said plans must be certified by the Planning Division prior to submittal of any post- entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.

a. The operation and use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.

b. Nothing in this Permit shall authorize the Applicant to intensify the authorized activity beyond that which is specifically described in this Permit.

c. Once a permit has been issued, the Applicant may request Permit modifications. “Minor" modifications may be granted if found by the Director of Community Development to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.

5. Limitations on Use. Prior to any use of the Project site pursuant to this Permit, all Conditions of Approval contained herein shall be completed or secured to the satisfaction of the Community Development Department.

6. Certificate of Occupancy.

a. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required, and any such change in occupancy must comply with all other applicable local and state laws.

b. Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Community Development.

7. Availability of Permit Conditions.

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a. Prior to building permit issuance, the Applicant shall cause a covenant regarding real property to be recorded that sets forth the terms and conditions of this Permit approval and shall be of a form and content satisfactory to the Director of Community Development.

b. The Applicant shall make a copy of the terms conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall be printed on any construction plans that are submitted to the Building Division for plan check processing.

8. Right to Entry. The holder of this Permit shall make the premises available for inspection by City staff during construction or operating hours and allow the investigations of property necessary to ensure that minimum codes, regulations, local ordinances and safety requirements are properly followed. The Applicant shal l provide such business records, licenses, and other materials necessary upon request to provide evidence of compliance with the conditions of approval, as well as federal, state, or laws.

9. Compliance with Federal, State, and Local Laws. Nothing in this Permit shall relieve the Applicant from complying with conditions, performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. (Permits from other agencies may be required as specified in the Permit’s Details of Request.) This Permit does not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building perm its are issued unless specifically waived herein.

No part of this Permit’s approval shall be construed to permit a violation of any part of the Escondido Municipal or Zoning Code. During Project construction and after Project completion, the Applicant shall ensure the subject land use activities covered by this Permit are conducted in full compliance with all local and state laws.

10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee s chedule in effect at the time of building permit issuance, to the satisfaction of the Director of Community Development. Through plan check processing, the Applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development Department.

11. Funding Mechanism for Public Services. The Applicant shall establish a lawful, proportional funding mechanism to offset the impacts to additional ongoing public services required for the 218
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Project. To fund such public services, the Applicant may voluntarily initiate and consummate proceedings to participate in a community facilities, assessment, or service district organized and adopted by the City in accordance with local, state, or federal law, or alternatively, the Applicant may establish another lawful funding mechanism reasonably acceptable to the City.

12. Public Art Partnership Program. All requirements of the Public Art Partnership Program, Ordinance No. 86 -70 shall be satisfied prior to any building permit issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program.

13. Clerk Recording.

a. Exemption. If the environmental determination prepared for the Project is a categorical exemption, the City of Escondido hereby notifies the App licant that the County Clerk’s Office requires a documentary handling fee of $50 in order to file a Notice of Exemption.

In order to file the Notice of Exemption with the County Clerk, in conformance with California Environmental Quality Act (CEQA) Guidel ines section 15062, the Applicant should remit to the City of Escondido Planning Division, within two working days of the final approval of the Project (the final approval being the date of this letter) a certified check payable to the “County Clerk” in th e amount of $50. The filing of a Notice of Exemption and the posting with the County Clerk starts a 35 -day statute of limitations period on legal challenges to the agency’s decision that the Project is exempt from CEQA.

Failure to submit the required fee within the specified time noted above will result in the Notice of Exemption not being filed with the County Clerk, and a 180 -day statute of limitations period will apply.

b. For more information on filing fees, please refer to the County Clerk’s Office and /or the California Code of Regulations, Title 14, Section 753.5.

14. Legal Description Adequacy. The legal description attached to the application has been provided by the Applicant and neither the City of Escondido nor any of its employees assume responsibility for the accuracy of said legal description.

15. Application Accuracy. The information contained in the application and all attached materials are assumed to be correct, true, a nd complete. The City of Escondido is relying on the accuracy of this information and Project-related representations in order to process this application. Any permits issued by the City may be rescinded if it is determined that the information and materials submitted are not true and correct. The Applicant may be liable for any costs associated with rescission of such permits.

16. Enforcement. If any of the terms, covenants, or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, the City of Escondido 219
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shall have the right to deny or withhold subsequent permit approvals or permit inspections that are derived from the application entitlements herein granted; issue stop work orders; pursue abatement orders, penalties, or other administrative remedies as set forth in state and local laws; or institute and prosecute litigation to compel compliance with such terms, covenants, or conditions or seek damages for their violation. The Applicant shall be notified in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.

17. Indemnification, Hold Harmless, Duty to Defend.

a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunteers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sublessees, invitees, agents, consulta nts, employees, or volunteers), or such activity of any other person that is permitted by the Applicant or owner of the Property, occurring in, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).

b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any 220
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third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinat ions or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).

c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the A pplicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations.

Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

B. Construction, Maintenance, and Operation Obligations:

1. Code Requirements. All construction shall comply with the applicable requirements of the Escondido Municipal Code, Escondido Zoning Code, California Building Code; and the requirements of the Planning Division, Engineering Services Department, Director of Community Development, Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes. Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit issuance unless specifically waived herein.

As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on 221
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the property advertising such property for sale or rent shall be in accordance with applicable laws, and be kept clean, in like -new condition, and free from fading an d graffiti at all times. This condition shall be applicable from the date the land use is approved. The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.

2. Agency License and Permitting. In order to make certain on- or off-site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies. Nothing in these Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on- or off-site improvements prior to Final Map recordation, grading permit issuance, building permit issuance, or certificate of occupancy as required. This rev iew may result in conditions determined by the reviewing agency.

At all times during the effective period of this Permit, the Applicant and any affiliated responsible party shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the construction, maintenance, and operation of the authorized activity.

3. Utilities. All new utilities and utility runs shall be underground, or fee payment in-liue subject to the satisfaction of the City Engineer.

4. Signage. All proposed signage associated with the Project must comply with Article 66 (Sign Ordinance) of the Escondido Zoning Code. Separate sign permits will be required for Project signage. All no n-conforming signs shall be removed. The Applicant shall submit with any sign permit graphic/list of all signs to be removed and retained, along with any new signage proposed.

5. Noise. All Project generated noise shall conform to the City’s Noise Ordinance (Ordinance 90-08).

6. Lighting. All exterior lighting shall conform to the requirements of Article 35 (Outdoor Lighting Ordinance) of the Escondido Zoning Code.

7. General Property Maintenance. The property owner or management company shall maintain the property in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. The Applicant shall paint and re -paint all building exteriors, accessory equipment, and utility boxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.

8. Anti-Graffiti. The Applicant shall remove all graffiti from buildings and wall surfaces within 48 hours of defacement, including all areas of the job site for when the Project is under construction.

9. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris.

Cleaning shall include keeping all publicly used areas free of litter, trash, and garbage. 222
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10. Roof, Wall, and Ground Level Equipment. All mechanical equipment shall be screened and concealed from view in accordance with Section 33-1085 of the Escondido Zoning Code.

11. Trash Enclosures. All appropriate trash enclosures or other approved trash systems shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensur ing that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner. Trash enclosure covers shall be closed when not in use. Trash enclosures shall be regularly emptied.

There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

12. Staging Construction Areas. All staging areas shall be conducted on the subject property, subject to approval of the Engineering Department. Off -site staging areas, if any, shall be approved through the issuance of an off-site staging area permit/agreement.

13. Disturbance Coordinator. The Applicant shall designate and provide a point -of-contact whose responsibilities shall include overseeing the implementation of Project, compliance with Permit terms and conditions, and responding to neighborhood concerns.

14. Construction Waste Reduction, Disposal, and Recycling. Applicant shall recycle or salvage for reuse a minimum of 65% of the non-hazardous construction and demolition waste for residential projects or portions thereof in accordance with either Section 4.408.2, 4.408.3, or 4.408.4 of the California Green Building Standards Code; and/or for non-residential projects or portions thereof in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non -residential construction proj ects, the Applicant must submit appropriate documentation as described in Section 4.408.5 of the California Green Building Standards Code for residential projects or portions thereof, or Section 5.408.1.4 for non -residential projects or portions thereof, d emonstrating compliance with the California Green Building Standards Code sections cited above.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50-horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB -verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be gran ted, the Applicant’s 223
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construction contractor shall demonstrate to the satisfaction of the Director of Community Development that (i) at least two construction fleet owners/operators in San Diego County were contacted and those owners/operators confirmed Tier 4 Interim equipment could not be located within San Diego County during the desired construction schedule, and (ii) the proposed replacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry stand ard emission estimation method, and documentation provided to the Planning Division confirms that necessary Project -generated functional equivalencies in the diesel PM emissions level are achieved.

C. Parking and Loading/Unloading:

1. A minimum of 29 parking spaces shall be provided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided above the required, minimum amount, shall be dimensioned per City standards and be maintained in a clean, well-marked condition. The stripping shall be drawn on the plans or a note shall be included indicating double -stripping per City standards.

2. Parking for disabled persons shall be provided (including “Van Accessible” spaces) in full compliance with the State Building Code.

3. In accordance with the California Green Building Standard Code, at least eight (8%) percent of the total number of required spaces shall be designated for clean air vehicles (CAV), and shall be shown on the revised site plan to the satisfaction of the Planning and Building divisions.

4. No contractor or employee may store, or permit to be stored, a commercial or construction vehicle/truck; or personal vehicle, truck, or other personal property on public -right-of-way or other public property without permission of the City Engineer.

D. Landscaping: The property owner or management company assumes all responsibility for maintaining all on -site landscaping; any landscaping in the public right -of-way adjacent to the property, including potted plants; and any retaining and freestanding walls in a manner that satisfies the conditions contained herein.

1. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation shall be provided for all landscape areas and be maintained in a fully operational condition.

2. All existing p lanting and planter areas, including areas within the public right -of-way, shall be repaired and landscaping brought into compliance with current standards. All dead plant material shall be removed and replaced by the property owner or management company.

3. If at the time of planning final inspection that it is determined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.

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4. The landscaped areas shall be free of all foreign matter, weeds and plant material not approved as part of the landscape plan.

5. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the Permit approval.

6. Landscaping Plans. Applicant shall install all required improvements including screening walls, retaining walls, storm improvements, and landscaping in substantial conformance to the planting and irrigation schedule as shown on the final Approved Plan set.

a. A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval, if meeting any of the criteria listed under Section 33 -1323 of the Zoning Code. Five copies of detailed landscape and irrigation plans shall be submitted to the Engineering Services Department with the second submittal lf the grading plan. The initial submittal of the landscape plans shall include the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also be required.) The landscape and irrigation plans shall be reviewed and approved by the Planning Division and Engineering Services Department prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the satisfaction of the Planning Division. The r equired landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. planting and irrigation) is to be provided prior to final occupancy.

c. The installation of the landscaping and irrigation shall be inspected by the Project landscape architect upo n completion. He/she shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection.

d. Any new freestanding walls and/or retaining walls shall incorporate decorative materials or finishes, and shall be indicated on the landscaping plans. (Building permits may also be required.) All freestanding walls visible from points beyond the Project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be a type satisfactory to the Director of Community Development.

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e. New or retrofitted trash enclosures shall accommodate vertical climbing plants, vines with support trellis panels, clinging non -deciduous or fast growing shrubbery that will screen the enclosures wall surface. T he Director of Community Development shall find that the propo sed landscaping design, material, or method provides approximate equivalence to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions.

E. Specific Planning Division Conditions:

1. The Project has been processed in conformance with all applicable regulations contained in the Escondido Zoning Code.

2. No utilities shall be released for any purpose or Certificate of Occupancy issued until all requirements of the Planning, Engineering, and Building Divisions have been completed.

3. Building plans, prepared by a licensed design professional, must be submitted for the Project and must comply with the building and fire codes in effect at the time of building plan submittal.

4. The plans submitted for building permit shall include notes or details containing the necessary work involved in complying with these Project conditions.

5. The retaining wall along Cranston Street shall extend an additional five feet in height to prevent car headlight beams from shining into to neighboring residences and shall be shown on the revised plans to the satisfaction of the Planning Division. The materials and color of the wall shall be compatible with the building and shall be identified on the grading and landscape plan(s) to the satisfaction of the Planning Division. An E ncroachment Permit shall be obtained from the Engineering Division for all work within the public right-of-way.

6. The perimeter walls along the north and south boundaries shall be shall be of decorative material and shown on the revised plans to the satisfaction of the Planning Division.

7. A minimum of eighty (80) cubic feet of private storage area space for each unit shall be provided, with no minimum dimension less than two (2) feet. Said storage shall be required in addition to typical cabinets and closet s and not include attic space and shown on the revised plans to the satisfaction of the Planning Division.

8. Laundry facilities shall be provided to serve all residential dwelling units on site. Such laundry facilities, constituting washer and dryer appliances connected to utilities, shall be provided in the individual dwelling units.

9. Landscaping:

a. Any landscaping that is damaged or destroyed as a result of the Project shall be repaired and/or replaced, to the satisfaction of the Planning Division.

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b. Any trees removed as part of this project shall be replaced elsewhere on the Project site, and shall be shown on the revised site plan.

c. Appropriate screening landscaping shall be required around any transformers and shall be shown on the site plan and to the satisfaction of the Planning Division.

d. Vines shall be grown onto all freestanding and retaining walls and fences to soften their appearances, including trash and mechanical equipment enclosures, and shall be shown on the landscape plan to the satisfaction of the landscape plan.

e. Additional plantings consisting of trees, plants and vines shall be provide along Cranston Drive.

f. A minimum of five (5) street trees will be required along S. Escondido Blvd and a minimum of five (5) street trees will be required along Cranston Drive. The minimum tree size shall be 15-gallon in size; six -feet tall planted, and have a trunk caliper of at least two inches. The precise location and type of tree shall be consistent with the City standards and the current street tree list. Existing trees may be counted as street trees if their variety, location, and size meet minimum requirements and they are identified on the landscape plan.

g. Since a minimum five -foot (5) wide landscape area cannot be provided on -site along th e eastern property line adjacent to Cranston Drive due to the existing 20’ wide storm drain easement, irrigation and landscaping including five (5) street trees, shrubs and groundcover shall be provided within the public right -of way adjacent to Cranston D rive. Details of the landscaping and irrigation shall be shown on the final landscape plan(s) to the satisfaction of the Planning Division.

F. General Building Division Conditions: Building plans must be submitted for the Project. These comments are preli minary only. A comprehensive plan check will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required.

1. The Applicant shall submit a complete set of co nstruction plans to the Development Services Department for building permit plan check processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The International Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). Commercial and Multi -residential construction must also contain details and notes to show compliance with State disabled accessib ility mandates. These comments are preliminary only. A comprehensive plan check will be completed prior to permit issuance, additional technical code requirements may be identified, and changes to the originally submitted plans may be required.

G. General Fire Division Conditions:

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Exhibit “D”

1. Fire underground line, fire sprinkler, and fire alarm plans shall be a deferred submittal to the Escondido Fire Department.

2. An approved paved access and adequate water supply shall be provided prior to any combustible being brought to the site.

3. FDC and hydrant placement shall be approved by the Escondido Fire Department.

H. Engineering Division Conditions:

GENERAL

1. The Developer shall provide the City Engineer with a Preliminary Title Report covering subject property.

2. The location of all existing on -site and adjacent utilities and storm drain facilities shall be determined by the Developer’s engineer. If a conflict occurs with the proposed project or improvements, arrangements for relocation of the conflicting utilities/facilities shall be made with the owner of the utility/facility prior to approval of the Grading plans. This utility/facility relocation work shall be completed prior to issuance of Building Permits.

3. Improvement plans prepared by a Civil Engineer, required for all public street, utility, and storm drain improvements, and Grading/Private Improvement plans prepared by Civil Engineer, required for all grading, drainage and private onsite improvement design, shall be submitted for review through the City’s virtual plan review portal as a single package containing all items on the Engineering Initial Submittal Checklists. Landscaping Plans shall be prepared by a Landscape Architect.

4. The Developer shall post securities in accordance with the City prepar ed Bond and Fee Letter based on a final Engineer’s Estimate of Grading and Improvements Cost prepared by the project engineer. The Developer is required to provide a Cash Clean Up deposit for all grading, landscaping, private Improvements and onsite drain age improvements prior to approval of Grading Plans and issuance of Grading Permit. This Cash Clean Up Deposit amount shall be 10% of the total cost of the project private improvements, drainage and landscaping. The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10 % of total public improvement cost estimate) bonds for all public improvements prior to approval of the Improvement Plans and issuance of Building Permits. All improvements shall be completed prior to issuance of a Certificate of Occupancy.

5. As surety for the construction of required off -site and/or on -site improvements, bonds and agreements in a form acceptable to the City Attorney shall be posted by the Developer with the City of Escondido prior to the approval of any Grading Plan, Improvement Plan, or Building Permit.

6. If site conditions change adjacent to the proposed development prior to completion of t he project, the Developer will be responsible to modify his/her improvements to accommodate 228
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these changes. The determination and extent of the modification shall be to the satisfaction of the City Engineer.

7. All public improvements shall be constructed in a manner that does not damage existing public improvements. Any damage shall be determined by and corrected by the Developer to the satisfaction of the City Engineer.

8. The Developer’s engineer shall submit to the Planning Department 3 copies of the Precise Development Plan as presented to the Planning Commission and approved by the City Council together with any changes contained in the adopted final conditions of approval. The Precise Development Plan will be certified by the Planning Department verifying that they are an accurate reproduction of the approved Precise Development Plan and one of these copies must be included with the first Final Engineering submittal for plan check to the Engineering Department.

STREET IMPROVEMENTS AND TRAFFIC

1. All driveways shall be alley-type in accordance with Escondido Standard Drawing No. G-5-E, with a minimum throat width of twenty-four (24) feet.

2. All unused driveways shall be removed and replaced with full height curb and gutter and sidewalk in accordance with City standards.

3. The developer shall be required to construct a LED street light in accordance with Escondido Standard Drawing No. E-1-E at Cranston Drive.

4. The existing street light on Escondido Blvd. shall be retrofitted or replaced with an LED street light in accordance with Escondido Standard Drawing No. E-1-E.

5. The Developer shall remove and replace all damaged sidewalk, curb and gutter, along all project frontages to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy.

6. The Developer shall be responsible to repair or replace any driveway approach, curb and gutter, sidewalk, or other damages as a result of construction activities for this subject project.

7. Adequate horizontal sight distance shall be provided at all street intersecti ons and driveway entrances. Increased parkway widths, open space easements, and restrictions on landscaping may be required at the discretion of the City Engineer.

8. Pedestrian access routes conforming to the American Disabilities Act shall be provided into the project from the public sidewalk, to the satisfaction of the City Engineer.

9. The Developer shall be responsible for construction and striping of frontage improvements along Escondido Blvd to a Local Collector Street standards with a minimum thirty -eight (38) feet of paved roadway to accommodate for one lane of traffic in each direction and a left-turn pocket for the project entrance. A curb shall be installed along the westerly edge of the roadway. Pavement and striping transition along centerline an d east side of the roadway shall be designed to City Standards. The project owner is required to stabilize all disturbed areas along the westerly side of Escondido Blvd to the requirements of the City Engineer.
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10. The Developer may be responsible for an ove rlay of Escondido Blvd. and Cranston Drive due to the many utility trenches necessary to serve this project. The determination of the extent of the overlay shall be to the satisfaction of the City Engineer.

11. The Developer’s engineer shall prepare and submit for approval by the City Engineer a complete final Signing and Striping plan for all improved and modified roadways. The Developer will be responsible for removal of all existing and the construction of all new signing and striping in compliance wit h the current CA MUTCD standards and to the satisfaction of the City Engineer.

12. The Developer shall repaint all pavement striping and markings adjacent to the project that have been damaged and prematurely faded due to project construction traffic to the sa tisfaction of the City Engineer.

13. Encroachment Permit shall be obtained from the Engineering Division for all work within the public right-of-way. Contact the Engineering Field Office at (760) 839-4664 to arrange for the Encroachment Permit and inspections.

14. The Developer will be required to provide a detailed detour and traffic control plan, for all construction and staging activities, and any requested materials placement within existing rights -of-way to the satisfaction of the City Engineer. This plan sh all include any proposed sidewalk closures and provide for alternate pedestrian access around the project site. This plan shall be approved prior to the issuance of an Encroachment Permit for construction or other project activities within the public right-of-way.

An engineered improvement plan is required for all public improvements (unless only sidewalks, driveways and/or streetlights are required). The developer shall post security for these improvements and an improvement plan shall be approved by the City of Escondido prior to issuance of any building permits. All required improvements shall be constructed prior to final acceptance of subject construction by the City.

GRADING

1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be approved by the Engineering Department prior to issuance of building permits. The first submittal of the grading plan shall be accompanied by 3 copies of the prelimin ary soils and geotechnical report. The Soils Engineer will be required to indicate in the soils report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.

2. All private driveways and parking areas shall be paved with a minimum of 3” asphalt concrete (AC) over 6” of asphalt Base (AB) or 7” Portland Concrete Cement (PCC) over 6” AB. All paved areas exceeding 15% slope or less than 1.0% shall be paved with PCC.

3. All driveway grades shall conform to current Escondido Design Standards and Escondido Standard Drawings.

4. Any proposed retaining walls not a part of the building foundations or stem walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be show n on the site grading plan and the Soils Engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in the Geotechnical report.

Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered 230
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Resolution No. 2022-31
Exhibit “D”

by Regional or City Standard Drawings. Stem walls, foundation structures, or deepened footings that are to be constructed as part of a building structure will be permitted as part of the Building Dept. plan review and permit process.

5. Erosion control, including riprap, interim sloping planting, gravelbags, or other erosion control measures shall be provided to control sediment and silt from the project. The developer shall be responsible for maintaining all erosion control facilities throughout the development of the project.

6. The on-site trash enclosure shall drain toward the landscaped area and include a roof over the enclosure in accordance with the City’s Storm Water Management requirem ents and to the satisfaction of the City Engineer. Trash enclosure and any permanent structure may not be constructed over a public utility and public utility easement.

7. An approved public safety or perimeter fence shall be installed on top of the retainin g walls, to the satisfaction of the City Engineer and Planning Director.

8. All existing trees either near, within the easement and public right -of-way, and/or over the existing storm drain shall be removed. All new trees shall be located behind the sidewalk and/or away from existing public utilities and public storm drains, in accordance with approved landscape plans and the satisfaction of the City Engineer.

9. The Developer shall be r esponsible for the recycling of all excavated materials designated as Industrial Recyclables (soil, asphalt, sand, concrete, land clearing brush and rock) at a recycling center or other location(s) approved by the City Engineer.

10. All blasting operations per formed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.

11. All existing foundations, structures, trees not otherwise noted to remain or be relocated shall be removed or demolished from the site.

All site grading and erosion control plans shall be prepared by a Registered Civil Engineer. A separate submittal to the Engineering Department is required for the site grading and erosion control plans. Plans will not be forwarded from the Building Department.

DRAINAGE

1. The existing 72” x 44” CMPA storm drain pipe shall be replaced due to inadequate structural cover within the proposed project driveway grades. The remaining existing 72” x 44” CMPA storm drain pipe shall be inspected for structural integrity, replaced and/or rehabilitated where necessary due to deteriorated pipe condition, and to the satisfaction of the City Engineer.

2. Final on-site and off-site storm drain improvements shall be determined to the satisfaction of the City Engineer and shall be based on a drainage study to be prepared by the Engineer of Work. The drainage study shall be in conformance with the City of Escondido Design Standards. 231
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3. The project shall limit drainage flows to their pre-construction rates. Details and calculations for the detention basin shall be submitted with the drainage study and approved as part of the grading plan check.

4. A Storm Water Quality Management Plan (SWQMP) in compliance with the City’s latest adopted Storm Water Design Manual shall be prepared for all newly created or replaced onsite impervious areas, impervious frontage, and required offsite improvements. The SWQMP shall be submitted for approval with the final improvement and grading plans. The SWQMP shall include treatment calculations, post-construction storm water treatment measures, and maintenance requirements and responsibilities both for onsite treatment and also any “Green Street” facilities located in the public right-of-way. The SWQMP shall demonstrate how proposed proprietary best management practices meet bio-filtration treatment requirements in accordance with the City’s Storm Water Design Manual.

5. All site drainage with emphasis on the parking and drive way areas shall be treated to remove expected contaminants using a high e fficiency non-mechanical method of treatment. The City highly encourages the use of bio -retention basins within or along the perimeter of the parking and driveway area as the primary method of storm water treatment and hydo -modification compliance. The landscape plans shall reflect these areas of storm water treatment.

6. All on-site storm drains, detention basins, and all post -construction BMP’s facilities are private.

The responsibility for maintenance of these storm drains shall be that of the property o wner or property owner’s association.

7. All storm water treatment and retention facilities and their drains including the bio -retention basins and planters, any permeable paver areas shall be considered private. The responsibility for maintenance of these p ost construction storm water treatment facilities shall be that of the Property Owner.

8. The developer will be required to have the current owner of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement.

WATER SUPPLY

1. All water main locations and sizing shall be to the satisfaction of the City Engineer and Utilities Engineer. Required water main improvements shall include an 8 -inch waterline extension in Cranston Drive. Construction of the water main and related appurtenances shall be in accordance with the Standards and Specifications of the City of Escondido. A minimum 20 -foot public utility easement shall be provided for all proposed water mains. There shall be no permanent structures located within the public utility easement.

2. Fire hydrants and/or fire protection together with an adequate water supply shall be installed at locations approved by the Fire Marshal. On -site fire hydrants located by the Fire Marshal may require water main looping.

3. No deep-rooted bushes or trees shall be planted within 10 feet of any water service.

4. All existing fire hydrant laterals not currently connected to the existing 12 -inch water main in S.

Escondido Blvd. shall be disconnected at the main per the satisfaction of the Utilities Eng ineer. 232
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Exhibit “D”

New water services and connections shall be established off the existing 12-inch water main in S.

Escondido Blvd.

SEWER

1. The on-site sewer lateral to the proposed building will be considered a private sewer system. The property owner shall be respo nsible for all maintenance of this lateral to the main in Cranston Drive.

2. Sewer laterals shall be six (6) inch PVC minimum with a standard clean-out at the right-of-way per standard drawing S -2-E and at all angle points, and shall be designed and construct ed per the current Uniform Plumbing Code.

3. Trees or deep-rooted bushes shall not be planted within ten (10) feet of the sewer lateral or within fifteen (15) feet of the sewer main.

LANDSCAPE

1. A site landscaping and irrigation plan shall be submitted to the Engineering Department with the first submittal of the grading plan. The initial submittal of the landscape plans shall include the required plan check fees.

2. Permanent landscaping shall be installed along the project and all areas disturbed by the project (including offsite areas). The landscaping, including storm water treatment BMPs, shall be maintained by the property owner.

EASEMENTS AND DEDICATIONS

1. Necessary public utility easements, for the storm drain and other public utilities, shall be granted to the City. The minimum easement width is 20 feet. Easements with additional utilities shall be increased accordingly.

2. All easements, both private and public, affecting subject property shall be delineated and labeled on the grading plans.

3. The Engineer shall verify and if applicable the developer shall dedicate the required right-of-way along Escondido Boulevard and Cranston Drive to the City of Escondido to bring the roadway to a road classification as indicated on the City’s Circulation Plan and the Design Standards.

4. Material necessary for processing a dedication or easement shall include: a current grant deed or title report, a legal description and plat of the dedication or easement signed and sealed by a person authorized to practice land surveying (document size) and traverse closure tapes. The City will prepare all final documents.

REPAYMENTS AND FEES

1. A waterline repayment of $2,270.40 is due to the City of Escondido for the existing waterline improvements in S. Escondido Boulevard that will serve this development. 233
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2. A cash security shall be posted to pay any costs incurred by the City to clean-up eroded soils and debris, repair damage to public to private property and improvements, install or maintain BMP’s, and stabilize and/or close -up a non-responsive of abandoned project. Any moneys used by the City for clean-up or damage will be drawn from this security. The remaining portion of this clean- up security shall be released upon final acceptance of the grading and improvements for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading, drainage, retaining wall, landscaping, and best management practices item of work with a minimum of $5,000 up to a maximum of $50,000, unless a higher amount is deemed necessary by the Director of Engineering Services.

3. The developer will be required to pay all development and plan check fees of the City then in effect at the time, and in such amounts as may prevail when building permits are issued.

SURVEYING AND MONUMENTATION

1. All property corners shall be monumented by a person authorized to practice land surveying and a Record of Survey Map (or Corner Record if appropriate) shall be recorded.

UTILITY UNDERGROUNDING AND RELOCATION

1. All existing overhead utilities within the project boundary o r along fronting streets shall be relocated underground as required by the City’s Ordinance. The developer may request a waiver of this condition by writing a letter to the City Engineer explaining his/her reasons for requesting the waiver. The developer will be required to pay a waiver fee as adopted by City Council resolution.

2. All new dry utilities to serve the project shall be constructed underground.

3. The developer shall sign a written agreement stating that he has made all such arrangements as may be necessary to coordinate and provide utility construction, relocation and undergrounding.

All new utilities shall be constructed underground.

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ORDINANCE NO. 2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A

DEVELOPMENT AGREMENT FOR A MULTI -FAMILY

RESIDENTIAL PROJECT WITHIN THE SOUTH CENTRE CITY

SPECIFIC PLAN

The City Council of the City of Escondido, California does ordain as follows:

SECTION 1. The City Council makes the following findings:
a) Portofino Holdings I, LLC (“Applicant”), filed a land use development application (Planning Case Nos. ADM18-0225 & PL22-0021) with the City of Escondido constituting a request for a Major Plot Plan and Development Agreement for the construction of a two, two -story multi -family residential buildings, consisting of 15 apartment units in the Southern Entry District of the Southern Centre city Specific Plan (“Project”).
b) The Planning Division of the Community Development Department completed its review of the Project and scheduled a duly noticed public hearing regarding the application before the Planning Commission on January 25, 2022 . Following th e public hearing on January 25, 2022 , the Planning Commission adopted Planning Commission Resolution No. 2022 -01, which recommended that the City Council, among other things, approve the Project's proposed Development Agreement.

SECTION 2. The City Council held a duly noticed public hearing regarding the application on March 2, 2022. At said hearing, the City Council reviewed and considered all evidence submitted at said hearings, including, without limitation:
a) Written information;
b) Oral testimony from city staff, interested parties, and the public; 235
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c) The staff report, dated March 2, 2022, which along with its attachments is incorporated herein by this reference as though fully set forth herein, including the Planning Commission recommendation on the request, and
d) Additional information submitted during the Public Hearing SECTION 3. That upon consideration of the staff report; Planning Division and Planning Commission recommendation s; Findings of Fact, attached as Exhibit “A” to this Ordinance and incorporated herein by this reference as though fully set forth herein; and all public testimony presented at the hearing held on this project, the City Council does hereby adopt the Development Agreement for the project as set forth in Exhibit “B” to this Ordinance and incorporated by reference as though fully set forth herein.

SECTION 4. ENVIRONMENTAL REVIEW. This action is categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sec tion 15332, “In-Fill Development Projects.” The City has determined that all environmental issues have been addressed and finds that no significant environmental impact will result from approving the major plot plan and development agreement.

SECTION 5. SEVERABILITY. If any section, subsection sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 6. This Ordinance shall become effective on the 30th day following the date of its adoption.

SECTION 7. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
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Ordinance No. 2022-04
Exhibit “A”

FINDINGS OF FACT

Environmental Determinations:

1. Pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et. seq.) (“CEQA”), and its implementing regulations (14 C.C.R. § 15000 et seq.) (“CEQA Guidelines”), the City of Escondido (“City”) is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the Project.

2. The Project qualifies for an ex emption from further environmental review pursuant to CEQA Guidelines section 15332 (In -Fill Development Projects) because the Project is consistent with applicable provisions of the Escondido General Plan and South Centre City Specific Plan; is on a site within city limits that is of no more than five acres and is substantially surrounded by urban uses; is on a site that has no habitat value for special status species; can be adequately served by all required utilities and public services; and would not result in any significant effects relating to traffic, noise, air quality, or water quality. The Project also does not trigger any exceptions to the categorical exemption as listed in CEQA Guidelines section 15300.2 . Technical studies were requested by the Planning Division to substantiate the categorical exemption as applied to the Project.

3. The City Council has independently considered the full administrative record before it, which includes but is not limited to the January 25, 2022, Planning Commission staff report; the March 2, 2022, City Council staff report; testimony by staff and the public; and other materials and evidence submitted or provided to it. The administrative record demonstrates that each of the above requirements have been satisfied. No substantial evidence has been submitted that would support a finding that any of the above -described exemption requirements has not been satisfied. The Project will not have a significant effect on the environment, and all of the requirements of CEQA have been met.

Development Agreement Determination:

1. The proposed Development Agreement is consistent wi th the objectives, polices, general land uses, and programs specified in the General Plan since there are no changes to the General Plan land use designations or polices that effect development of the site, a Citywide Facilities Plan has been adopted to address infrastructure deficiencies on a citywide basis, and the agreement has a provision for a community benefit that could not otherwise be required of the developer.

2. The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the property is located, because the General Plan land use designation of this site is Specific Plan Area, which allows the number of dwelling units approved for the development in conformance with the South Center City Specific Plan, Southern Entry District.

3. The proposed Development Agreement conforms to the public convenience and general welfare because the proposed agreement provides a reduction in the required open space requirements and 237
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Ordinance No. 2022-04
Exhibit “A”

a payment per-square-foot in lieu fee that would contribute toward the cost of installing, improving, and/or expanding parkland or facilities in the South Centre City area.

4. The proposed Development Agreement will not adversely affect the orderly development of property or the preservation of property values because the Project will be developed with multi -family residences, in conformance with the existing General Plan designation on the property.

5. The Development Agreement is consistent with the provisions of State law (Government Code sections 65864-65869.5) to develop in accordance with project approvals and existing laws. These Government Code sections outline requiremen ts related to the contents of agreements, the applicability of an agreement and on the public hearing and approval process. The proposed Development Agreement is consistent with Government Code section 65864, which states that the lack of certainty in the approval of development projects can result in a waste of resources and escalated housing costs while discouraging comprehensive planning, because the proposed Development Agreement provides certainty to the Applicant regarding fees required and construction obligations for associated public improvements for a period of five years. In addition, the agreement complies with Article 58 of the Escondido Zoning Code, which outlines the procedures and requirements for the review, approval and amendment of development agreements.

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EXEMPT FROM FEES pursuant to
Gov’t Code §§ 6103, 27383, and 27388.1
(filing requested/executed by municipality)

RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:

CITY CLERK

CITY OF ESCONDIDO
201 N. BROADWAY
ESCONDIDO, CA 92025

THIS SPACE FOR RECORDER'S USE ONLY
APN: 238-152-16-00

DEVELOPMENT AGREEMENT
for Villa Portofino (2690 S. Escondido Blvd.)
between
City of Escondido
and
Portofino Holdings I, LLC
, 2022
Ordinance No. 2022-04
Exhibit "B"

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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the City of Escondido, a California municipal corporation (“City”), and Portofino Holdings I, LLC, a California limited liability company (“Owner”). (The City and Owner each may be referred to herein as a “Party” and collectively as the “Parties.”)

RECITALS
WHEREAS, Government Code sections 65864 through 65869.5 and Article 58 of the City's Zoning Code authorize the City to enter into binding development agreements with persons or entities having legal or equitable interests in real property for the purpose o f establishing certainty in the development process for both the City and the property owner, and to enable specific terms regarding property development, to be negotiated and agreed upon; and WHEREAS, this Agreement concerns the Villa Portofino Apartment Project, which comprises two two-story, multi-family residential apartment buildings consisting of 15 total units and on -site parking , and further related improvements and components described in the Entitlements and this Agreement (“Project”); and
WHEREAS, the Project is located on that certain real property located in the County of San Diego, State of California, having assessor’s parcel number (APN) 238-152-1600, and as more particularly described in Exhibit A , attached hereto and incorporated her ein by this reference (“Property”); and
WHEREAS, Owner is the fee simple owner of the Property; and WHEREAS, the purposes of the Agreement are to eliminate uncertainty in the planning and development for the Project by assuring Owner that it may develop the Property in accordance with existing laws, subject to the terms and conditions contained in th is Agreement; assure the Ordinance No. 2022-04
Exhibit "B"

240
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orderly installation of necessary improvements and the provision for public services appropriate for the development of the Project; a nd enable the City to obtain substantial public benefits by virtue of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants , promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties agree as follows:

ARTICLE I
Definitions

1. “Annual Review” shall mean the Owner’s demonstration of compliance with the terms of this Agreement provided to the City at least once every 12 months throughout the duration of the Term, as further described in Article V of this Agreement.

2. “Development Fees” shall mean any development-related fees as provided in the City’s Fee Guide and referred to as development fees.

3. “Effective Date” shall mean the effective date of this Agreement, which shall be the later of (i) the date that is 30 days after the City Council’s adoption of an ordinance approving this Agreement; or (ii) the date that Owner becomes the owner of the Property in fee simple.

4. “Entitlements” shall mean all approvals and permits necessary or incidental to the development of the Project or any portion thereof, whether discretionary or ministerial, including but not limited to specific plans and amendments; tentative or final tract map approvals, whether standard or vesting; project plans; grading permits; building permits; demolition permits; specific alignment plans; planned development permits; and this Agreement, and includes all conditions of approval for all Entitlements.

Ordinance No. 2022-04
Exhibit "B"

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5. “Exaction” shall mean any fee , tax, requirement, condition, dedication, restriction, or limitation imposed by the City upon the development of the Property at any time in accordance with the Existing Laws.

6. “Existing Laws” shall mean the ordinances, resolutions, codes, rules, regulations, general plan, stormwater regulations, and official policies of the City governing the develop ment of the Property in effect on the Effective Date, including but not limited to the permitted uses of t he Property; the density or intensity of use; the design, improvement, and construction standards and specifications for the Project, including the maximum height and size of proposed buildings; and the provisions for reservation and dedication of land for public purposes.

7. “Fee Guide” shall mean the Escondido Fee Guide for Developments , attached hereto as Exhibit C.

8. “Future Exaction” shall mean any Exaction imposed after the Effective Date, whether by ordinance, initiative, resolution, rule, regulation, policy, order, or otherwise.

9. “Future Laws ” shall mean all ordinances, resolutions, codes, rules, regulations, and official policies implemented by the City after the Effective Date, whether by ordinance, initiative, resolution, rule, regulatio n, policy, order , or otherwise. Future Laws includes changes to the Existing Laws.

10. “General Fees” shall mean all general development fees that the City may levy pursuant to the Mitigation Fee Act, Government Code section 66000 et seq., including but not limited to application fees, processing fees, utility connection fees, inspection fees, capital facilities fees, development impact fees, traffic impact fees, p ark fees, and such other similar fees as may be enacted from time to time and generally applied throughout the City, excluding Development Fees.

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11. “Minor Modifications” shall mean minor modifications regarding the performance of this Agreement that are consi stent with the Entitlements and have minimal impacts to the City's operations in terms of timing, performance, or value.

12. “Operating Memorand um” shall mean an addendum to this Agreement to document changes or adjustments in the performance of this Agreement , as further described in Article III, Section7.

13. “Public Benefits” shall mean the consideration given by Owner to the City in return for the City’s performance of all applicable terms and conditions of this Agreement, as further described in Exhibit B, attached hereto and incorporated herein by this reference.

14. “State or Federal Law ” shall mean any state or federal law enacted after the Effective Date of this Agreement.

ARTICLE II
General Provisions

1. Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall continue for five years (“Term”). After the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect. Owner shall have 3 0 days from the Effective Date to sign this Agreement or th is Agreement shall automatically terminate. This Agreement shall terminate with respect to any lot when a certificate of occupancy has been issued for all buildings on the lot, and such lot shall be released and no longer subject to the Agreement without requiring the execution or recordation of any further document. In the event of litigation challenging this Agreement or the Project, the Term is automatically extended for the duration of such litigation and resumes upon final disposition of such challenge and any appeal thereof upholding the validity of this Agreement or the Project. In the event that a referendum petition Ordinance No. 2022-04
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concerning this Agreement or Project is duly filed in such a manner that the ordinance approving this Agreement or the Project is suspended, then the Term is deemed to commence upon City Council’s certification of the results of the referendum election affirming this Agreement or the Project.

2. Assignment. The rights and obligations of Owner under this Agreement may be assigned by Owner, in whole or in part , to any party acquiring an interest in the Property, after receiving written approval from the City, which shall not be unreasonably withheld, conditioned, or delayed (“Assignment”). Owner shall provide 30 days’ advance written notice to the City of any requested Assignment, and the City shall respond or execute any written consent requested by Owner within said 30-day period.

Any Assignment must be in writing and expressly provide that (1) the Assignment shall be subject to this Agreement, and (2) the assignee assumes all of Owner's rights and obligations with respect to the Property, or portion thereof, assigned. The City shall have the right to ensure that the proposed assignee has the financial capabili ty to complete and fulfill any outstanding requirements relating to the Public Benefits. Owner and the assignee shall execute an Assignment and Assumption of Devel opment Agreement, which shall be in a form approved by the City Attorney and which shall be recorded against the Property in the Official Records of San Diego County.

During the Term, any a ssignee shall have all rights, benefits, and obliga tions of Owner under this Agreement with respect to the portion of the Property assigned. Following an Assignment, Owner shall be released from its obligations with respect to the assigned Property unless otherwise agreed to in writing.

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3. Amendment of Agreement. This Agreement may be amended , or canceled in whole or in part, by mutual written consent of the Parties in accordance with Article 58, Chapter 33 of the Escondido Municipal Code; Government Code sections 65867 – 65868.5, and any other applicable law. Any amendment to this Agreement must be recorded in the Official Records of San Diego County. Minor Modifications in the manner of performance, including but not limited to changes that relate to the form or timing of payment of Public Benefits or the design of the Project, shall not constitute an a mendment to this Agreement and may be accomplished through an Operating Memorandum.

4. Enforcement. Unless amended or terminated as provided herein, th is Agreement is enforceable by either Party or its successors and assigns, notwithstanding any Future Laws that alter or amend the Existing Laws.

5. Indemnification, Hold Harmless, Duty to Defend.
a. Owner (including Owner’s agents, employees, contractors, an d subcontractors, if any) shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City , its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunt eers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, liens, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “ Claims”), of every nature caused by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Owner (including the Owner’s contractors, subcontractors, licensees, sublessees, invitees, Ordinance No. 2022-04
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agents, consultants, employees, or volunteers), or such activity of any other person that is permitted by the Owner, occurring in, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Owner to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Owner shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Owner, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).
b. The Owner further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claim s brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Entitlements, including this Agreement. Such indemnification shall include the Owner’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending aga inst any such Claims, including payment for all administrative and Ordinance No. 2022-04
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litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s out side counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).
c. The City, in its sole discretion and upon providing notice to the Owner, may require the Owner to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Owner in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Owner shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, which shall be subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Owner may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Owner’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

6. Notices. All notices or communication between the Parties pursuant to this Agreement shall be in writing and shall be given by personal delivery, overnight delivery service, or certified or registered mail to the addresses set forth below. The addresses may be changed by giving 10 days’ written notice.

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If to the City
City of Escondido
Attn: Adam Finestone, Interim Director of Community Development 201 N. Broadway
Escondido, CA 92025

with a copy to:

City of Escondido
Attn: Office of the City Attorney
201 N. Broadway
Escondido, CA 92025

If to Owner
Portofino Holdings I, LLC
Attn: Frank Giordano Jr.
2510 Lund St.

El Cajon, CA 92020

with a copy to:

Lounsbery Ferguson Altona & Peak
Attn: Catherine Ferguson
960 Canterbury Place, Suite 300
Escondido, CA 92025

7. Conflict with State or Federal Laws. If any State or Federal Law prevents or precludes compliance with any provision of this Agreement or requires changes to any Entitlements, such State or Federal Law shall be controlling and the Parties shall make a good faith, reasonable attempt to modify this Agreement to comply both with the intent of the Agreement and with the State or Federal Law.

The City shall cooperate with Owner in securing any permits, including permits from other public agencies that may be required as a result of any modifications, suspensions, or alternate courses of action necessary for compliance with any State or Federal Law.

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ARTICLE III
Development of the Property

1. Applicable Rules, Regulations, and Policies . Owner shall have the vested right, to the fullest extent allowed by law, to develop the Property in accordance with the Entitlements, Existing Laws, and this Agreement. During the Term, the Entitlements, Existing Laws, and this Agreement shall control the overall design, development, and construction of the Project. Notwithstanding the foregoing, nothing in this Agreement shall preclude the City from applying changes occurring from time to time in the uniform codes published in Title 24 of the California Code of Regulations and adopted by the City, including local amendments , in effect when the building permits are issued.

2. Future Laws. Future Laws shall not apply to the Project except as expressly provided in this Agreement. Future Laws shall apply to the Project if they are not in conflict with the Existing Laws. However, Owner may give the City written notice of its election to have any conflicting Future Law applied to the Project, in which case such Future Law will be considered an Existing Law for purposes of this Agreement.

3. Future Discretionary Reviews. Except as set forth in this Agreement, the City shall retain its discretionary rights in reviewing applications for Entitlements. Owner ’s applications for Entitlements, and the City’s review thereof, must comply with Existing Laws and with the terms and conditions of this Agreement. The City shall not impose any conditions upon Entitlements that are more restrictive than or inconsistent with the terms of this Agreement or Existing Laws, except as required by state or federal law. The City may conduct an environmental review for any Entitlements in accordance wi th the California Environmental Quality Act, Californi a Public Ordinance No. 2022-04
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Resources Code section 21000 et seq. (“CEQA”) and the State CEQA Guidelines, Title 14 of the California Code of Regulations, s ection 15000 et seq. , or other Existing Laws . The City may impose, if required by CEQA, additional mitigation measures to mitigate significant adverse environmental effects that were not previously consi dered, or were found to be infeasible, to mitigate at the time of approval of this Agreement. Nothing herein is intended to require or authorize additional CEQA environmental review or mitigation measures beyond that othe rwise required by CEQA.

4. Permitted Uses and Density. This Agreement shall vest the right to develop the Property to the fullest extent allowed by law with respect to the permitted uses of land, density and intensity of uses, and timing and phasing of development as described in the Entitlements, which are hereby incorporated as if fully set forth in this Agreement . The permitted uses, density, and intensity of use of the Project, the maximum height and size of proposed buildings and provisions for reservation or dedication of land for public purposes, shall substantially conform to those specified in the Entitlements, Existing Laws, and this Agreement.

5. Time for Construction and Completion of the Project. Any phasing of development of the Property shall occur in conformance with the adopted Entitlements.

6. Moratorium. No City-imposed moratorium or other limitation (whether relating to the rate, timing, or sequencing of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order , or otherwise, and whether enacted by the City Council, an agency of the City, the electorate, or othe rwise) affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building permits, occupancy certificates, or other entitlements to use or service (including, without limitation, water and sewer) approved, issued, or granted within the City, or portions of the City, shall apply to the Property to Ordinance No. 2022-04
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the extent such moratorium or other li mitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect the City's compliance with moratori a or other limitations mandated by other governmental agencies or court-imposed moratoria.

7. Operating Memorand um. The Parties acknowl edge that the provisions of this Agreement require cooperation between the City and Owner, and that the refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details of performance of the Parties. The Parties desire, therefore, to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. If and when, from time to time during the Term, the Parties find that such changes or adjustments are necessary or appropriate, they may effectuate such changes or adjustments through an Operating Memorandum approved by the P arties, which, after execution, shall be attached hereto as an addendum and become a part hereof, and may be further changed and amended from time to time as necessary with further approval by the City and Owner. No such Operating Memorandum shall require prior notice or hearing, or constitute an amendment to this Agreement; and in the case of the City, such Operating Memorandum may be acted upon by the City Manager or the City Manager’s designee.

Failure of the Parties to enter i nto any such Operating Mem orandum shall not affect or abrogate any of the rights, duties , or obligations of the Parties or the provisions of this Agreement. An Operating Memorandum shall be recorded as an addendum to this Agreement.

8. Term of Maps and Other Project Approvals. Pursuant to California Government Code section 66452.6(a), the term of each subdivision map that is processed on all or any portion of the Property and the term of each of the Entitlements shall be extended for a period of time through the Term of this Agreement. Should this Agreement be terminated prior to the expiration of the Term, the Owner shall have 30 days to submit an application for the extension of the t erm Ordinance No. 2022-04
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applicable to any portion of an approved tentative map , pursuant to Chapter 32 of the Escon dido Municipal Code.

9. Infrastructure Capacity. Subject to Owner’s proportionate contribution to infrastructure and the Public Benefits provided by Owner, in accordance with the requirements of the Entitlements, the City hereby acknowledges it will have sufficient capacity in its infrastructure services and utility systems, including, without limitation, traffic circulation, flood control, sanitation service , and, except for reasons beyond the City’s control, sewer collection; sewer treatment; and water supply, treatment, distribution, and service, to accommodate the Project. To the extent the City renders such services or provides such utilities, the City hereby agrees it will serve the Project and there shall be no restriction on connections or service f or the Project except for reasons beyond the City’s control.

10. Easements. Easements dedicated for pedestrian use shall be permitted to include easements for underground improvements, including but not limited to drainage, water, sewer, gas, electricity, telephone, cable, and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use.

11. Public Improvements. Owner agrees to construct any public improvements as required and described in any conditions of approval for the Entitlements or in this Agreement (“ Public Improvements”). Owner shall construct the Public Improvements within any applicable timeframes set forth in the conditions of approval for the Entitlements or this Agreement.

12. Fees. Owner shall pay the Development Fees and General Fees in the amounts in effect at the time Owner submits payment of such fees unless otherwise explicitly provided in this Agreement. The payment of Development Fees and General Fees may be deferred in accordance with City requirements and memorialized in a writing separate from this Agreement.

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13. Funding Mechanism for Public Services . Owner shall establish a lawful, proportional funding mechanism to offset the impacts to additional ongoing public services required for the Project. To fu nd such public services, Owner may voluntarily initiate and consummate proceedings to participate in a community facilities, assessment, or service district organized and adopted by the City in accordance with local, state, or federal law , or alternatively , Owner may establish another lawful funding mechanism reasonably acceptable to the City.

ARTICLE IV
Provision of Public Benefits

1. Description of Public Benefits. Owner shall provide the City with the Public Benefits, as further described in Exhibit B , as consideration for the City's good faith performance of all applicable terms and conditions in this Agreement.

2. Occupancy Contingent on Public Improvements and Benefits. Owner acknowledges that the City shall not grant a certificate of occupancy for the first residential or commercial unit on the Property prior to construction of all Public Improvements and construction and provision of all Public Benefits. This conting ency for occupancy shall survive the termination of this Agreement.

3. Recordation of Final Map Contingent on Security for Public Improvements and Benefits. Prior to recordation of the Fin al Map, Owner must enter into one or more subdivision improvement agreements that will detail Owner ’s construction obligations for any Public Improvements and Public Benefits, and will require Owner to provide financial security for completion of construction, in a form or forms approved by the City Attorney.

4. Processing During Litigation. The filing of any third -party lawsuit against the City or Owner relating to this Agreement, any Entitlements, or to other development issues affecting the Ordinance No. 2022-04
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Property shall not delay or stop the development, processing , or construction of the Project or approval of Entitlements, unless the third party obtains a court order preventing the activity or as otherwise required by law. This provision shall not apply to any third-party lawsuit related to the demolition of any building on the Proper ty based on a challenge to the determination of said building’s historical significance.

ARTICLE V
Annual Review

1. Owner Responsibilities. At least once every 12 months, continuing through the duration of the Term, Owner shall demonstrate good faith substantial compliance with the major provisions of this Agreement and provide, to the best extent possible, the status and timing of developm ent of the Project, including construction of Public Improvements and provision of Public Benefits, to the City for an Annual Review. If requested by the City, Owner shall provide any additional detail or information necessary to demonstrate good faith compliance with any particular provision of this Agreement identified by the City.

2. Opportunity to B e Heard. Owner shall be permitted an opportunity to be heard orally and in writing at any noticed public hearing reg arding its performance under this Agreement.

Owner shall be heard before each appropriate board, agency, or commission, and the City Council, at any required public hearing concerning a review of performance under this Agreement.

Notwithstanding the foregoing, Owner acknowledges that the opportunity to be heard may be affected by a change in the City’s procedures as to public meetings in relation to the current ongoing COVID-19 pandemic or other future pandemic or similar event.

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3. Information to B e Provided to Owner . At least 10 days prior to the City Council’s consideration and review of Owner’s performance under this Agreement , the City shall mail to Owner a copy of any applicable staff reports and related exhibits.

4. Annual Review Letter . If in connection with the Annual Review, the City Council determines that Owner is found to be in substantial compliance with this Agreement, upon written request by Owner, the City shall issue a letter to Owner stating that, based upon information known or made known to the City Council, the City Planning Commission, and/or the City Manager, this Agreement remains in effect and Owner is in compliance (“Annual Review Letter”). Owner may record the Annual Review Letter in the Official Records of the County of San Diego.

5. Lack of Annual Review . The City’s lack of performing an Annual Review of Owner's substantial compliance with the terms and conditions of this Agreement shall not constitute or be asserted as a default by Owner so long as Owner is otherwise in compliance with this Article V, nor shall it constitute or be asserted as the City’s waiver of any failure of Owner to perform or otherwise comply with the terms of this Agreement.

ARTICLE VI
Delay, Default, Remedies, and Termination

1. Notice and Cure of Default . In the event of a material default of this Agreement , the Party alleging a default shall give the defaulting Party a notice of default (“Notice of Default”) in writing. The Notice of Default shall specify the period of time in which the default may be cured, which shall be at least 30 days (“Cure Period”). Any Notice of Default shall specify the nature of the alleged failure and, where appropriate, the manner in which such alleged failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot be reasonably cured within the Cure Period, then the commencemen t of the cure within the Cure P eriod, and the diligent Ordinance No. 2022-04
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prosecution to completion of the cure thereafter, shall be deemed to be a cu re completed within the Cure Period. During the Cure Period, the Party charged shall not be considered in breach. If the default is cured within the Cure Period, then no breach shall be deemed to exist.

2. Waiver. Except as otherwise expressly provided in th is Agreement, a failure or delay in asserting any rights or remedies as to any default, including the failure or delay in giving a Notice of Default, shall not operate as a waiver of any default or of any rights or remedies otherwise available to a Party or deprive a Party of the right to institute and maintain any action or proceeding that it may deem necessary to protect, assert, or enforce any rights or remedies it may have.

3. Default by Owner. The City’s Director of Community Development may recommend the review and termination of this Agreement to the City Council upon an occu rrence of a material default that is not cured within the Cure Period . The foregoing does not limit any of the City’s other remedies upon a material breach of this Agreement by the Owner.

4. Default by the City. Upon a material default by the City that is not cured within the Cure Period, Owner, without limiting any of its other remedies, shall not be obligated to complete any of its obligations under this Agreement, and any resulting delays in Owner's performance shall neither be construed as a material default by Owner nor constitute gro unds for termination or cancellation of this Agreement by the City.

ARTICLE VII
Encumbrances and Releases on Property

1. Discretion to Encumber . This Agreement shall not preven t or limit Owner from encumbering the Property, or any portion of or improvement on the Property, by any mortgage.

The City acknowledges that lenders providing financing may require modifications to this Agreement, and the City agrees, u pon request from Owner, to meet with Owner and/or Ordinance No. 2022-04
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representatives of lenders to negot iate in good faith any l ender request for modification to this Agreement, provided that any modification will not affect the timely completion or fulfillment of any requirements in the Entitlements or this Agreement relating to the Public Benefits.

ARTICLE VIII
Miscellaneous Provisions

1. Recitals. The Recitals set forth above are included herein by this reference as part of this Agreement and the Parties agree that said Recitals are essential facts to this Agreement.

2. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement. If any material part of the Agreement is adjudged by a court of competent jurisdiction to be invalid, void, or illegal, the Parties shall take all steps necessary to modify the Agreement to implement the original intent of the Parties in a valid and binding manner.

3. Entire Agreement. This Agreement, together with its attachments or other documents described or incorporated herein, contains the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. The Parties acknowledge that (i) no other Party, nor the age nts nor the attorneys for any Party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement , and (ii) this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein.

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4. Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate agents of the City or Owner.

5. Recording. This Agreement shall be recorded in the Official Records of the County of San Diego within 30 days following the later of (i) the Effective Date, or (ii) the Parties’ execution of the Agreement.

6. Project as a Private Undertaking . It is specifically understood by the Parties that the Project is a private development and Owner shall have the full power and exclusive control of the Property subject to the provisions of this Agreement. Any improvements completed remain the property of the Owner unless the City has explicitly accepted any improveme nt or as otherwise provided herein.

7. Headings. Section and paragraph h eadings within this Agreement are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.

8. The City’s Ongoing Statutory Authority. Except as expressly stated, nothing in this Agreement shall limit the City's authority and responsibility under the California Constitution and applicable California statutes to act in the best interests of the public health, safety, and welfar e, and nothing in this Agreement is intended to limit in any way the legislative discretion or authority otherwise afforded the City under state or federal law.

9. Covenant of Cooperation. The Parties shall cooperate with and assist each other in the performance of the provisions of this Agreement including assistance in obtaining permits for the development of the Property that may be required from public agencies other than the City. The covenant of cooperation shall include, to the maximum extent permitted by law, that the City shall use its best efforts to prevent any ordinance, measure, moratorium , or other limitation from Ordinance No. 2022-04
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invalidating, prevailing over, or making impossible any provision of this Agreement, and the City shall cooperate with Owner to keep this Agreement in full force and effect. Owner reserves the right to challenge any such ordinance, measure, moratorium, or other limitation in a court of law if it becomes necessary to protect the development rights vested in the Property pursuant to this Agreement.

10. Successors and Assigns; C ovenants Run with the Land . So long as this Agreement remains in effect, the obligations and benefits provided for in this Agreement shall run with the land obligated and benefited, respectively, and shall be binding on all parties having or acquiring any right, title, or interest in the Property or Project, or any part thereof. As such, it is the intent of the Parties that this Agreement and the promises, covenants, rights, and obligations set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Agreement and binding upon Owner’s successors in title and all subsequent owners and operators of the Property; (ii) are not merely personal covenants of the Owner; and (iii) shall bind Owner and its respective successors and assigns during the term of this Agreement. Further, Owner shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that a ny future successor in title or owner or operator of the Property or Project shall be bound by the terms herein.

11. Time of the Essence . Time is of the essence for each term and condition of this Agreement.

12. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed and enforced in accordance with the laws of the State of California. Any litigation arising out of this Agreement shall be conducted only in the state or federal courts of San Diego County, California. All statutory references are to California statutes.

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13. No Waiver of Owner’s Existing Rights Under Applicable Laws. This Agreement shall not constitute a waiver of any of Owner 's existing rights under applicable laws, nor shall it limit or expand Owner's right to challenge any General Fee , Exaction, or Future Exaction as being contrary to applicable law or in excess of the City’s legal authority.

14. Authorization. Each person executing this Agreement hereby warrants and represents that he or she has the authority to enter into this Agreement and to bind his or her respective entity to the provisions hereof.

15. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument.

16. No Third Party Beneficiaries . This Agreement and each and every provision hereof is for the exclusive benefit of the Parties hereto and not for the benefit of any third party , except as set forth herein.
(SIGNATURE PAGE FOLLOWS)

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This Agreement is executed by the Parties or their duly authorized representatives:

CITY OF ESCONDIDO,
a California municipal corporation

By: _____________________________
Paul McNamara
Its: Mayor

PORTOFINO HOLDINGS I, LLC
a California limited liability company

By: _____________________________
_____________________________
Its: _____________________________

(Above Signatures Must Be Notarized; Acknowledgment Pages Follow)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney

By: ____________________________________
Kurt Whitman, Senior Deputy City Attorney

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ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me,
_______________________________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

City

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me,
_______________________________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on t he instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

Owner

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT A

Legal Description of Property

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EXHIBIT B

Public Benefits

I. PUBLIC BENEFITS AND IMPROVEMENTS
A. PUBLIC ART. Owner reserves the right to implement, construct, or install public art in lieu of paying the fee required for the Project asso ciated with public art, defined as “art in public places” in Escondido Municipal Code section 33 -731 (“ Public Art ”). Any Public Art proposed to be implemented, constructed, or installed shall be subject to the review and approval of the Director of Community Development, which shall occur prior to the issuance of the first building permit for the Project. If any proposed Public Art is not approved by the Director of Community Development, or a request for such Public Art is not submitted by Owner, at the time the City is otherwise prepared to issue the first building permit for the Project, then the otherwise applicable public art fee shall be paid prior to the issuance of the first building permit for the Project. The cost involved with the implementation, construction, or installation of any Public Art shall be comparable to that which would otherwise have been assessed as the public art fee for the Project.

B. PARKLAND IN-LIEU FEE. Pursuant to Section 5.3.12.3(1) of the South Centre City Specific Plan, and in addition to the Parkland Impact Fee otherwise required for the Project, Owner shall contribute a payment of $12,762.50 as an in -lieu fee, for the purpose of instal ling, improving, and/or expanding parkland facilities in the South Centre City Area.

Ordinance No. 2022-04
Exhibit "B"

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Item13.

EXHIBIT C
Fee Guide for Developments

Ordinance No. 2022-04
Exhibit "B"

266
Item13.

Fee Guide
for
Development Projects

Please Note: UPDATED September 3, 2021
(Development Impact fee updates)

City of Escondido | Building Division | Community Development Department 201 North Broadway, Escondido, CA 92025 www.escondido.org/building.aspx (760) 839-4647 Ordinance No. 2022-04
Exhibit "B"

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F E E G U I D E F O R D E V E L O P M E N T P R O J E C T S I N D E X

Subject Page No.

Other City Department Fees ................................................................................................. 1 Other City Department Contacts ........................................................................................... 2 Other Agency Fees/Contacts ................................................................................................ 3 Fee Incentives ....................................................................................................................... 4-5 Fee Credits ............................................................................................................................ 6 Fees Applicable to Building Permit Issuance:
 Processing and Permit/Inspection Fees ................................................................. 7  Connection Fees .................................................................................................... 8  Miscellaneous Permit Fees..................................................................................... 8  Development Fees ................................................................................................. 9  Regional and State Fees ........................................................................................ 10  Other Fees ............................................................................................................. 11 Valuation Multipliers .............................................................................................................. 12-13 Building Permit Fees (Table No. 3-A) ................................................................................... 14 School Fees Information ....................................................................................................... 15 Art In Public Places Fee (Public Art) ..................................................................................... 16 Traffic Fees ........................................................................................................................... 17 Connection and Regional Schedule...................................................................................... 18-19 Examples:
 Example #1 - Single-Family Dwelling .................................................................... 20  Example #2 - Duplex .............................................................................................. 21  Example #3 - Apartment Building .......................................................................... 22  Example #4 - Condominium Project ...................................................................... 23  Example #5 - Industrial Building ............................................................................ 24  Example #6 - Office Building.................................................................................. 25  Example #7 - Medical/Dental Office Building ......................................................... 26  Example #8 - Industrial Building Addition .............................................................. 27  Example #9 - Tenant Improvement........................................................................ 28 Fee Worksheet ...................................................................................................................... 29 Permit Processing Fee Waivers for Targeted Commercial Area …………………………… .

San Diego County Water Authority (SDCWA) Capacity Charge……………………………… 30 31-32
Ordinance No. 2022-04
Exhibit "B"

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OTHER CITY DEPARTMENT FEES
Fees are collected at various stages of development projects. This guide provides information on those fees applicable to Building Division plan check submittal and to Building Permit issuance.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

Plan Check Fee
Building Plan Review Fee (Planning)
Building Plan Review Fee (Fire)
Building Permit Fee
State Seismic Fee (SMIP)
State Green Building Fee
Public Facility Fee
Wastewater Connection Fee
Water Connection Fee
SDCWA Capacity Charge (Currently
collected with water meter charges)

Park Fee
Traffic Fee
Regional Traffic Fee (RTCIP)
Drainage Facilities Fee
Region of Influence Infrastructure Deposit Fee
CATV Fee
School Fees
Microfilming Fee
Art Fee
Citywide Facilities Plan Reimbursement Fee

Other City departments and agencies which have fees that may impact your project are also listed.

City Departments Other Agencies
Planning San Diego County Health (Hazardous Materials)
Engineering San Diego County Health (Environmental Services) Finance Air Pollution Control District
Fire Other Sewer/Water Agencies
Business License San Diego Gas and Electric Co. (SDG&E) AT&T (formerly Pacific Bell, SBC)
Cox Communications

This guide also provides information regarding fee incentives for the following types of projects.

Qualified projects in the Escondido
Business Enhancement Zone
Restaurants
Accessory Dwelling Units
Fee Deferrals
Historical Buildings
Changes in Use in Existing Buildings

Fee estimates for proposed projects are available upon request. Please provide the following information. If you are unsure of the applicable fees for your project please contact Building Division staff for assistance.

Description of project (use, etc.)

Proposed water meters (number & sizes)
Floor plan showing uses, square footage,
seating (if applicable), etc.

Land area, plot plan
Size and use of any structures being demolished
(for fee credits)
Existing water meters (number & sizes)
High water users may have to submit water bill
records from previous locations or estimates of usage

Type of construction
Ordinance No. 2022-04
Exhibit "B"

Item13.

OTHER CITY DEPARTMENT CONTACTS

PLANNING - CITY HALL (760) 839-4671
Fees for subdivisions, CUP's, Plot Plans, P.D.'s, Design Review, Grading Plans, Development Agreements, etc.

ENGINEERING - CITY HALL (760) 839-4651
Fees for plan check and inspection, improvement plans, grading plans, subdivisions, encroachment permits, repayments, etc.

Annual Industrial Waste Discharge Permits - Contact the Industrial Waste Inspector at (760) 839-6282.

FINANCE - CITY HALL (760) 839-4682
Fees for water meters and construction meters.

FIRE – 1163 N. Centre City Parkway (760) 839-5400
Fees for Fire Code Permits, Special event permitting, blasting permits, research, hazardous material consulting and inspection.

CITY BUSINESS LICENSE - CITY HALL (760) 839-4659
Required for all businesses operating in the City. Must be renewed annually.

Ordinance No. 2022-04
Exhibit "B"

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OTHER AGENCY FEES/CONTACTS

COUNTY OF SAN DIEGO DEPARTMENT OF HEALTH SERVICES
Fees for plan check and inspection and annual permits for:
• Food and Miscellaneous Facilities ....................... (760) 471-0730 • X-Ray Installations ............................................... (619) 338-2969 • Hazardous Materials ............................................ (619) 338-2222

AIR POLLUTION CONTROL DISTRICT
Fees for plan check and inspection and annual permits for certain businesses… (858) 650 -4700

OTHER WATER/WASTEWATER DISTRICTS
Projects not served by City wastewater and water facilities will be subject to plan check, inspection, installation and connection fees from the serving agency:
• Rincon Del Diablo Municipal Water District .......... (760) 745-5522 • Vallecitos Water District ....................................... (760) 744-0460 • Vista Irrigation District .......................................... (760) 597-3100 • Valley Center Municipal Water District ................. (760) 749-1600 • Olivenhain Municipal Water District ..................... (760) 753-6466 To determine if your project is served by City sewer and water, please contact the Engineering Department (760) 839-4651.

GAS AND ELECTRIC SERVICE

SAN DIEGO GAS AND ELECTRIC CO. (SDG&E) (800) 611-7343

TELEPHONE

AT&T (800) 310-2355 (Residential)
(800) 750-2355 (Commercial)

COX COMMUNICATIONS

North County (760) 806-9809
Ordinance No. 2022-04
Exhibit "B"

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FEE INCENTIVES

THE ESCONDIDO BUSINESS ENHANCEMENT ZONE
On May 24, 2006, the City Council adopted Ordinance 2006 -12, and Resolution 2006-56 modifying the existing Business Enhancement Zone (BEZ). The ability to request incentives for development was expanded to all commercial and industrial zoned properti es in the City of Escondido. In order to be considered for incentives, the development must meet one or more of the Public Benefit Criteria in the associated Council policy. Generally, the BEZ applies to new construction projects.

Contact the Planning Division at 760-839-4671 or the Economic Development Division at 760 -839- 4563 for more information and the eligibility criteria. Requests for incentives must be made in writing to the Assistant City Manager and be accompanied by appropriate supporting materials.  Please refer to the Escondido Zoning Code Article 69, Sections 33-1450 through 33-1457, for the complete description of requirements and incentives http://www.qcode.us/codes/escondido/view.php?topic=33-69&showAll=1&frames=on

For the complete Business Enhancement Zone Policy described in Resolution 2006 -56, Exhibit “A”, please see in the following link:
http://www.escondido.org/Data/Sites/1/media/pdfs/Business/BusinessEnhancementZone.pdf

Economic Incentive Fund and Incentive Policy (brief description) Purpose: The City Council has established an Economic Incentive Fund that is utilized to offset development and connection fee reductions granted to eligible projects.

The City Council Economic Development Subcommittee and the City Council may grant fee reduction incentives as follows.

Policy:

1. Granting of fee reductions of up to 25% of the project’s connection and development fees with a $25,000 maximum cap.
 Fee reductions are backfilled from the City Council Economic Incentive Fund.  Incentive does not apply to high-demand service users.  Pass-thru fees to other agencies and costs involving processing, inspection and/ or construction costs to the City of Escondido will not be eligible for fee incentive reductions.(The Public Art Fee will not be reduced).

2. Ability to request fast-track processing.

FEE DEFERRAL

On June 13, 2012, City Council Approved Resolution 2012-103, which amends the existing fee deferral program for commercial and industrial projects, to include residential development with 5 or more units. Please contact Building Division staff for further information regarding the process.

Ordinance No. 2022-04
Exhibit "B"

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FEE INCENTIVES

NONRESIDENTIAL BUILDING ADDITIONS
Per City Council action on November 21, 2008, expansions in floor area of existing nonresidential buildings will be required to pay development fees on the expanded area:
• Wastewater Connection Fee •Traffic Fee
• SDCWA Capacity Charge •Public Facility Fee
• Drainage Facilities Fee •Art Fee
• Water Connection Fee (if increase in meter size)

HISTORICAL BUILDINGS
On June 17, 1992, in an effort to encourage historic preservation, the City Council approved Resolution No. 92-266 adopting an incentives program for qualified preservation projects.

Numerous incentives are offered, including fee reductions.

For further information, please contact the Planning Division at (760) 839-4671.

CHANGES IN USE IN EXISTING BUILDINGS (Council Agenda Item 4/22/1992) To encourage revitalization efforts for our existing building stock, tenant improvement permits, such as restaurants, will not be charged wastewater, water, and/or traffic fees, unless the project requires an increased water meter, or sewer line size, or adds significant parking. This policy does not apply to intensive uses such as Laundromats, car washes, breweries, etc., or to the first use i n new buildings. Buildings in which the previous use was abandoned for 10 years or more are subject to development fees. (See Fee Example #9, page 28)

ACCESSORY DWELLING UNITS
Fees assessed for construction of accessory dwelling units built pursuant to Article 70 of the Escondido Zoning Code shall be calculated in the same manner as fees assessed for residential room additions. Additionally, accessory dwelling units shall be exempt from payment of wastewater, water, traffic, public facility, drainage, park, and other development impact fees described in Chapter 6, Article 17 of the Escondido Municipal Code.

One limitation on these units is that the owner of the property must reside on the parcel on which the unit is located. For further information on Article 70, please contact the Planning Division at (760) 839-4671.

Ordinance No. 2022-04
Exhibit "B"

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FEE CREDITS

BUILDING DEMOLITIONS & ABANDONED USES

On October 22, 2008, the City Council modified City policy regarding fee credits for demolished buildings and buildings with abandoned uses. This action established a 10-year time limit on the use of fee credits.

The time limit shall not apply to single-family dwellings demolished due to natural disaster.

The fee credits have the following limitations:
• Satisfactory documentation must be presented on the existence of the previous building; • Credits are applied to the fees for new projects on the same property (no monetary refunds are given);
• Credit applies only to the property on which the demolitions occurred; • Credit cannot be transferred elsewhere.
• Where a property is eligible for multiple fee credits, the credit generating the greater amount shall be used.

Fee credits apply to the following fees:
• Water Connection Fee (if on City water) • Traffic Fee Local portion only (see below) • Wastewater Connection Fee (if on City sewer) • Park Fee • SDCWA Capacity Charge (if on City water) • Region of Influence Infrastructure Deposit • Public Facility Fee • Drainage Facilities Fee
 Art Fee

Credits for Traffic Fees for a demolished residential use applied to a commercial use will be 25% of the fees shown in this guide, since commercial traffic fee rates are based on 25% of the residential rates.

AGRICULTURAL WATER METERS
On October 22, 2008, the City Council modified City codes to allow fee credits for agricultural water meters taken out of service.

Fee credits apply as follows:
• Ten-year time limit, and other limitations as listed under Building Demolitions • Given to owner of the subdivision at the time of Final Map recordation • Applies to the Water Connection Fee at the time of meter removal or last service, and SDCWA Capacity Charge as allowed per the agency
• Will be divided among the new lot(s) created
Ordinance No. 2022-04
Exhibit "B"

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The fees shown below are applicable to Building Permit issuance for your project. Processing fees are payable at Plan Check submittal. School fees are payable to the school district prior to permit issuance. All remaining fees are payable at permit issuance. Final project fees are those fees in effect at the time of permit issuance.

PROCESSING FEES

PURPOSE: To cover City costs in processing your project and reviewing your plans for compliance with model codes, local ordinances and state and federal regulations.

APPLICABLE TO: All projects, except as noted below.

FEE AMOUNT
 PLAN CHECK FEE* ................................................................... 65% of Building Permit Fee PLAN CHECK SURCHARGES (for State regulations)
 Nonresidential State Disabled Access Reg. Plan Check ...... 10% of Plan Check Fee  Residential State Disabled Access Reg. Plan Check ............ 10% of Plan Check Fee  All buildings - State Energy Regulations ............................... 20% of Plan Check Fee  PLANNING DIVISION - BUILDING PLAN REVIEW FEE ....... $35 (MIN) room additions; patio covers, decks, retaining walls; pools, spas and misc. projects
requiring zoning review.
$555.66 (RES) - single family dwelling; up to
four residential units.
$412 (MINOR) -T.I.’s; commercial/industrial
additions 1 or 2 story, up to 10,000 sf.
$1,366 (MAJOR) -Tracts; Parcel Maps (5 or
more dwellings); Multi-family residential;
new commercial / industrial buildings; non-
residential additions over 2 stories or 10,000 sf.

 FIRE DEPARTMENT - BUILDING PLAN REVIEW FEE
(Projects regulated by the Fire Code, includes inspection @ a rate of $150.00 each)

Tracts/Phase/production 1-10 units same application $284; each 5 additional units $132 same application (SFD R-3 occupancy)

AUTHORITY: Local Ordinances.

$113 0-500 sq. ft.
$132 500-2,000 sq. ft.
$150 2,001-5,000 sq. ft.
$170 >5,000 sq. ft.
$246 / bldg Multi Family, Commercial, Industrial
$113 / each Access Roadway Gate

(Typical Building; Additions; Single Family Dwellings;
Tract Models, Tenant Improvements)

PERMIT/INSPECTION FEES

PURPOSE: To cover City costs in inspecting your project for compliance with model codes, local ordinances and state and federal regulations.

APPLICABLE TO: All projects, except as noted below.

FEE AMOUNT
 BUILDING PERMIT FEE* ................................................................. Based on building valuation table on pages 14. BUILDING PERMIT SURCHARGES (for State regulations) Valuation based on multipliers on pages 12-13.  Nonresidential Disabled Access Inspection ................................. 10% of Building Permit Fee  Residential Disabled Access Inspection ....................................... 10% of Building Permit Fee  All buildings - State Energy Regulation Inspection ...................... 20% of Building Permit Fee

AUTHORITY: Escondido Municipal Code & Local Ordinances. *For subdivisions with 10 or more single-family dwellings which have building permit issuances in groups of 10 or more, the production unit building permit fees will be decreased by 10% (Resolution #99-199, August 26, 1999). Plan check fees for all subdivision production, repeat units (with a bona fide model home permit) shall be $70/unit (Resolution #2002- 100, May 1, 2002). Building Plan Review Fee's are subject to additional fees for third party review (cost recovery).

Ordinance No. 2022-04
Exhibit "B"

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Item13.

CONNECTION FEES

PURPOSE: These fees represent a new connection's proportional share of existing capital facilities which will be used to provide service to the new connection.

APPLICABLE TO: All new projects, served by City water and wastewater.

FEE AMOUNT
 WATER CONNECTION FEE ................................ see pages 18-19

 WASTEWATER CONNECTION FEE ...................

FEE AMOUNT
see pages 18-19

NOTE: Water Connection Fee does not include water meter fees.

AUTHORITY: Local Ordinance

MISCELLANEOUS PERMIT FEES

SEPTIC TANK AND WELLS – Contact the County Health Department

DEMOLITION PERMITS - may be issued to the owner, licensed demolition contractor, or general contractor

who has contract to replace the building on the property. Permit fee is $194.00 per permit (No plumbing permit required). Must have San Diego Gas & Electric service removal information slip before issuance. See Demolition Permit Guideline #14.

The recycling of Construction and Demolition Debris to the maximum extent possible for all projects is required.

CHANGE OF OCCUPANCY INSPECTION - provide plot plan and indicate intended new use - $86.00 fee (Property owner's request.)

PLAN CHECK AND BUILDING PERMIT FEES/VALUATION MULTIPLIERS - Plan Check and Building Permit fees are based on the value of the proposed work. The Escondido Municipal Code requires that the Building Official make the determination of the value. It also requires that the value be the total value of all the construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air -conditioning, elevators, fire extinguishing systems and other permanent equipment.

Building Valuation Multipliers are updated periodically and may be adopted by each jurisdiction in San Diego County.

Actual construction cost estimates may be used in lieu of the multipliers only for additions and tenant improvements.

RESEARCH FEES – To cover City costs related to the research of records and documents - $86.00/hr.

Ordinance No. 2022-04
Exhibit "B"

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DEVELOPMENT FEES (Established By City Council)
Please refer to Page A1 for Important Fee information
PURPOSE: These fees reflect a development’s proportionate share of improvements necessary to meet facility demands created by such development at established City service level standards.

FEE AMOUNT
 TRAFFIC FEE (LOCAL)....................................... See schedule, page 17 PURPOSE: To ensure that the traffic and transportation facility standards established by the City are met with respect to the additional needs created by such development.

APPLICABLE TO: All new development projects.

AUTHORITY: Local Ordinance and Local Resolution No. 2019-152

 PUBLIC FACILITY FEE .......................................

FEE AMOUNT
Residential - $4,969.99 / DU;
Commercial Retail - $2.25 / SF;
Industrial - $1.70 / SF
Primary Use Parking Structure - $0.61 / SF
PURPOSE: To ensure that public facility standards established by the City are met with respect to the additional needs created by such development. (For public facilities such as Police, Fire, Library, etc.) APPLICABLE TO: All new development projects.

AUTHORITY: Local Resolution No. 2019-152

FEE AMOUNT
 PARK FEE ............................................................ Single-family dwelling - $6,986.29/unit Multi-family dwelling - $6,663.76/unit
PURPOSE: To ensure that the park land and recreational facility standards established by the City are met with respect to the additional needs created by such development.

APPLICABLE TO: Residential projects only.

AUTHORITY: Local Resolution No. 2019-152

FEE AMOUNT
 DRAINAGE FACILITIES FEE ...................................... Single-family dwelling - $1,136.12/unit Multi-family dwelling - $469.22/unit
All Other Uses - $0.73/SF of roof area
PURPOSE: To ensure that storm water drainage facilities meet the requirements established by the City's Drainage Master Plan.

APPLICABLE TO: All new development projects (unless a Storm Drain Basin Fee was previously paid).

AUTHORITY: Local Resolution No. 2019-152

 REGION OF INFLUENCE

FEE AMOUNT
INFRASTRUCTURE DEPOSIT FEE .................... $1,500 - single family dwelling PURPOSE: To cover development’s forecasted fair share costs of new infrastructure related to the impacts created by such development.

APPLICABLE TO: New single family dwelling units, on existing lots of record as of June 6, 1990, in the Region of Influence (see map, page 31).

AUTHORITY: Local Resolution No. 19-152
Ordinance No. 2022-04
Exhibit "B"

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REGIONAL FEES

FEE AMOUNT
 TRAFFIC FEE REGIONAL (RTCIP) .................... Residential: Single-family dwelling, $2,635.50

(see page 17 for other residential uses)

PURPOSE: To ensure local agency participation in regional circulation improvements to allow quality of life standards to be achieved and allow new development to proceed.

APPLICABLE TO: All new residential dwelling units.

AUTHORITY: Resolution No. 2019-152.

FEE AMOUNT
 SAN DIEGO COUNTY WATER AUTHORITY
(SDCWA) CAPACITY CHARGE .......................... Based on water meter size (see page 18-19 & 33-34) (currently collected with water meter charges)

PURPOSE: Pass-thru fee to the SDCWA to finance capital improvements.

APPLICABLE TO: All new projects served by City water.

AUTHORITY: Local Ordinance.

STATE FEES

 STRONG MOTION INSTRUMENTATION

FEE AMOUNT
PROGRAM (SMIP) FEE ........................................... $.50 MINIMUM .00013 x Building Valuation - Residential < 3 stories
.00028 x Building Valuation - Hotels, motels and
all other buildings and structures
PURPOSE: Pass-thru fee to the state to finance monitoring and mapping programs for seismic activity.

APPLICABLE TO: All building permits.

AUTHORITY: State law - Public Resources Code Section 2705-2709.1 (1971)

 GREEN BUILDING FEE ........................................... $1 - 25,000 = $1.00 fee ($1.00 minimum) $25,001 - 50,000 = $2.00
$50,001 - 75,000 = $3.00
$75,001 - 100,000 = $4.00
Every $25,000 or fraction thereof above $100,000
= add $1

PURPOSE: Pass -thru fee to the State to finance Green Building Standards through the California Building Standards Commission (CBSC) with a portion retained locally for administering the program, education, enforcement and voluntary construction inspector certification.

APPLICABLE TO: All building permits.

AUTHORITY: SB1473 State law – Health & Safety Code, Division 13, Part 2.5. Sections 18931.6 & 18931.7

*Based on Building Valuation
Ordinance No. 2022-04
Exhibit "B"

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OTHER FEES

FEE AMOUNT
 ART IN PUBLIC PLACES (AIPP) FEE .................... $0.30 per sq. ft. of building area (first 2000 sq. ft. exempt) (see page 16)
PURPOSE: To fund a program designed to promote the arts in public places. The program provides art education and experiences which enhance economic vitality, commemorates local values, history and progress, develops community pride and identity and improves the general welfare and quality of life in the city and is intended to mitigate adverse impacts to those resources and opportunities which are caused by new development.

APPLICABLE TO: All new projects.

 CITYWIDE FACILITIES PLAN

FEE AMOUNT
REIMBURSEMENT FEE ..................................... $58.00 per residential unit PURPOSE: To provide a reimbursement fund for individual developers who advanced funds for the preparation of the Subarea Facilities Plans.

APPLICABLE TO: Residential only.

AUTHORITY: Local Resolution No. 94-173

FEE AMOUNT
 MICROFILMING FEE ............................................... $0.50 each - 8 1/2 x 11 sheets $2.00 each - larger sheets
PURPOSE: To cover City costs related to converting your approved project documents to permanent public records.

APPLICABLE TO: All new projects.

FEE AMOUNT
 CATV FEE ................................................................ $1.00 per dwelling unit or mobilehome pad ($10 min.)

PURPOSE: To cover City administrative and inspection costs related to new CATV systems.

APPLICABLE TO: Multifamily residential, including, but not limited to, apartments, duplex units, condos, townhouses and mobilehome parks.

AUTHORITY: Local Ordinances

SCHOOL FEES

School fees are applicable to all new projects and are payable to the school district prior to Building Permit issuance. See page 15 for additional information.

Ordinance No. 2022-04
Exhibit "B"

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San Diego Area Chapter I.C.B.O. 2018 Valuation Multipliers

SHELL BUILDING: A shell building is defined as a building for which HVAC, lighting, suspended ceilings, plumbing and electrical systems, partition layouts and interior finish are not shown on the plans and for which separate tenant improvement plans will be submitted for plan check at a later date showing these i tems. Warehouses and industrial buildings shall not be considered shell buildings. The valuation for shell buildings shall be taken as 80 percent of the valuation for the completed building.

*Add 0.5% to the total cost for each story over three.
**For subdivisions with 10 or more single-family dwellings which have building permit issuances in groups of 10 or more, the production unit building permit fees will be decreased by 10%.

RESIDENTIAL
APARTMENT HOUSES/Condominium Bldgs.:

Type I-A or I-B 180.32
Type V or III (Masonry) 147.23
Type V-Wood Frame 135.65
Type I-Basement Garage 62.86
**DWELLINGS (single family & duplex):

Type V-Adobe 201.82
Type V-Masonry 160.46
Type V-Wood Frame 152.19
Basements (Semi-finished) 38.05
Additions V-Wood Frame 181.97
PRIVATE GARAGES:

Wood Frame (Unfinished) 39.70
Wood Frame (Finished) 39.70
Masonry 46.32
Open Carports 28.12

COMMERCIAL/INDUSTRIAL
BANKS:

Type I-A or I-B 244.83
Type II-A 180.32
Type II-B 175.35
Type III-A 198.51
Type V-A 180.32
Type V-B 173.70
CHURCHES:

Type I-A or I-B 163.77
Type II-A 124.07
Type II-B 117.45
Type III-A 134.00
Type V-A 125.72
Type V-B 117.45
CONVALESCENT HOSPITALS:

Type I-A or I-B 229.94
Type II-A 160.46
Type III-A 163.77
Type V-A 153.85
FIRE STATIONS:

Type I-A or I-B
Type II-A
188.59
124.07
Type II-B 117.45
Type III-A
Type III-B
135.65
130.69
Type V-A
Type V-B
127.38
120.76
FITNESS CENTERS:
(same values as Office Buildings)
HOSPITALS:

Type I-A or I-B 269.65
Type III-A 223.33
Type V-A 213.40

SCHOOLS:

Type I-A or I-B 183.62
Type II-A 125.72
Type III-A 134.00
Type III-B 129.03
Type V-A 125.72
Type V-B 120.76
SERVICE STATIONS:

Type II-B 110.84
Type III-A 115.80
Type V-A 99.26
Pump Island Canopies 46.32
STORES:

Type I-A or I-B 135.65
Type II-A 82.71
Type II-B 81.06
Type III-A 100.91
Type III-B 95.95
Type V-A 86.02
Type V-B 79.40
Retail Garden Center 65.81
THEATERS:

Type I-A or I-B 181.97
Type III-A 132.34
Type III-B 125.72
Type V-A 124.07
Type V-B 117.45
WAREHOUSES*:

Type I-A or I-B 81.06
Type II-A 47.97
Type II-B 46.32
Type III-A 54.59
Type III-B 52.94
Type V-A 47.97
Type V-B 46.32
*(Deduct 11% for mini-warehouse)

EQUIPMENT
Air Conditioning (Comm.) 6.95
Air Conditioning (Res.) 5.79
Fire Sprinkler Systems 4.30
(Use to increase Val. for new construction)

TENANT IMPROVEMENTS
***"H" Occupancies 69.48
***Stores, Offices, All Others 49.93

HOTELS AND MOTELS:

Type I-A or I-B 167.08
Type III-A 145.58
Type III-B 137.30
Type V-A 125.72
Type V-B 124.07
INDUSTRIAL PLANTS:

Type I-A or I-B 94.29
Type II-A 66.17
Type II-B (stock) 61.21
Type III-A 72.79
Type III-B 67.82
Tilt-up 49.63
Type V-A 67.82
Type V-B 62.86
MEDICAL OFFICES:

Type I-A or I-B 198.51
Type II-A 152.19
Type II-B 145.58
Type III-A 165.43
Type III-B 153.85
Type V-A 148.88
Type V-B 143.92
OFFICES:

Type I-A or I-B 177.01
Type II-A 119.11
Type II-B 112.49
Type III-A 127.38
Type III-B 122.42
Type V-A 119.11
Type V-B 112.49
PUBLIC BUILDINGS:

Type I-A or I-B 203.47
Type II-A 165.43
Type II-B 158.81
Type III-A 172.04
Type III-B 165.43
Type V-A 157.16
Type V-B 152.19
PUBLIC GARAGES:

Type I-A or I-B 81.06
Type I or II Open Parking 61.21
Type II-B 46.32
Type III-A 61.21
Type III-B 54.59
Type V-A 56.25
RESTAURANTS:
162.12 Type III-A
155.50 Type III-B
Type V-A 147.23
Type V-B 142.47

Ordinance No. 2022-04
Exhibit "B"

280
Item13.

VALUATION MULTIPLIERS–ALTERATIONS (Applicable to existing structure with no addition of floor area) Change in Occupancy or Change in Use: Example: Convert warehouse to office(s), change house to a restaurant, enclose porch, or convert garage, etc.

Use difference in valuation between existing use and new use.

No Change in Occupancy and No Additional Floor Area
Interior Partitions .................................................................................. $79.40 per L.F.

Install Windows or Sliding Glass Doors ............................................... $24.81 per S.F. of opening Add Fireplace: Concrete or Masonry .................................................. $5,326.74 each Prefabricated Metal .................................................... $3,621.19 each Close Exterior Wall Openings .............................................................. $23.16 per S.F. of opening Aluminum Siding .................................................................................. $8.27 per S.F.

VALUATION MULTIPLIERS–MISCELLANEOUS (Applicable to both new construction & alterations)

VALUE PER S.F. VALUE PER S.F.

Plastering:

Inside / Outside

4.96 Spa (in ground only)

10,908.24/spa
Roofing: (1 square = 100 sq. ft.) Pools
Built-up 201.82 Gunite 56.25
Composition / Fiberglass Shingles 188.59 Vinyl-lined pools (in ground only) 51.28 Wood Shingles / Shakes (Class C min) 448.31 Fiberglass 61.22 Aluminum Shingles 676.60 Awnings and Canopies: (Supported by Building) Clay Tile 567.41 Aluminum 31.43
Concrete Tile 479.74 Canvas 13.23
Fences or Freestanding Wall: Patios:

Wood & Chain-link 3.31 Wood Frame with Cover 13.23
Wood Frame with Stucco 8.27 Metal Frame with Cover 16.54 Wire 3.31 Wood Frame with Cover & Walls 18.20
Masonry 13.23 Metal Frame with Cover & Walls 21.51
Wrought Iron 8.27 Screen or Plastic Walls 4.96
Balcony / Stairs / Walking Decks (Wood) 21.51 Agricultural:

Stone-Brick Veneer 13.23 Building
Greenhouses (Horticulture)

28.12 8.27
Pile Foundations: Retaining Walls (Conc. or Masonry) 26.47 Cast-in Place Concrete 34.74 per L.F.

Steel & Pre-Cast 86.02 per L.F.

SIGNS AND BILLBOARDS

Non-Illuminated Illuminated
ROOF, MONUMENT, POLE, BILLBOARD ……………… 1 Face 20.75/sq. ft. 34.00/sq. ft. (Add support structure for pole and billboard.) ………….. 2 Face 29.50/sq. ft. 48.00/sq. ft.

WALL ………………………………………………………… 1 Face 14.00/sq. ft. 29.50/sq. ft.

PROJECTING ………………………………………………. 1 Face 20.00/sq. ft. 41.50/sq. ft.

PROJECTING ………………………………………………. 2 Face 29.50/sq. ft. 48.00/sq. ft.

SUPPORTING STRUCTURE
(Add to value of pole and billboard signs.) ……………………………… 48.00/lin. ft. 48.00/lin. ft.

Ordinance No. 2022-04
Exhibit "B"

281
Item13.

TABLE NO. 3-A - BUILDING PERMIT FEES

TOTAL VALUATION BUILDING PERMIT FEE

$1.00 to $500.00 $20.68

$501.00 to $2,000.00 $20.68 for the first $500.00 plus $ 2.68 for each additional $100.00 or fraction thereof, to and
including $2,000.00

$2,001.00 to $25,000.00 $60.93 for the first $2,000.00 plus $ 12.32 for each additional $1,000.00 or fraction thereof, to and
including $25,000.00

$25,001.00 to $50,000.00 $344.26 for the first $25,000.00 plus $8.89 for each additional $1,000.00 or fraction thereof, to and
including $50,000.00

$50,001.00 to $100,000.00 $566.43 for the first $50,000.00 plus $6.16 for each additional $1,000.00 or fraction thereof, to and
including $100,000.00

$100,001.00 to $500,000.00 $874.40 for the first $100,000.00 plus $ 4.93 for each additional $1,000.00 or fraction thereof

$500,001.00 to $1,000,000.00 $2,845.37 for the first $500,000.00 plus $ 4.18 for each additional $1,000.00 or fraction thereof, to
and including $1,000,000.00.

$1,000,001.00 and up $4,935.13 for the first $1,000,000.00 plus $2.77 for each additional $1,000.00 or fraction thereof.

Other Inspections and Fees:

1. Inspections outside of normal business hours
(minimum charge–two hours) .....................................................................................$86.00/hour*

2. Reinspection fees assessed under provisions of Section 305(h) ......................... ............................................................................................................................... $86.00/inspection

3. Inspections for which no fee is specifically indicated (minimum charge–one-half hour) ...............................................................................$86.00/hour*

4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge–one-half hour) .....................................................$86.00/hour*

*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

ESCONDIDO MUNICIPAL CODE - SECTION 6-16

PLAN CHECK FEES: Permit Fee (determined above) x 65%

Ordinance No. 2022-04
Exhibit "B"

282
Item13.

SCHOOL FEES

November 2006

Government Code 65995 and Education Code 17620 permit School Districts to collect developer fees for residential buildings and commercial or industrial buildings. School fee payment forms are available at the City of Escondido Building Division. These forms must be signed by Building Division staff prior to payment of fees at the School District office.

Validated receipts must be returned to the Building Division prior to issuance of Building Permit.

ESCONDIDO UNION SCHOOL DISTRICT
AND

ESCONDIDO UNION HIGH SCHOOL DISTRICT

For further information as to the amount of fees and school of residence for your project, please contact The Carilyn Gilbert Education Center, Facilities Department, 2310 Aldergrove Ave, Escondido, CA 92029, (760) 432-2382.
 Form of payment of these fees will be by cashier’s check, official bank check or cash.

These are the only forms of payment accepted. (Personal or business checks are not acceptable and cash must be in the exact amount. Change is not available at the education center office). Suggest applicant contact the Education Center for the most current information.
 Please contact the Education Center for Hours of collection. Ordinance No. 2022-04
Exhibit "B"

283
Item13.

ART IN PUBLIC PLACES FEE (PUBLIC ART)

Please refer to Page A1 for Important Fee information

All development projects, both residential and nonresidential, are subject to the payment of the Art Fee at Building Permit issuance.

In lieu of paying the fee, applicants are encouraged to place public art on their property following the Public Art Commission guidelines. Applicants interested in this approach should contact the Public Art Consultant, Susan Pollack, Community Services Department, at (760) 839 -4331 in the early design stages of their projects.

The Art Fee is currently $0.30/sq. ft. of building area, with the following exceptions:

1. Tenant improvements with no added building area.

2. The first 2000 sq. ft. of any structure. This exception shall not apply on an individual basis to structures which are part of a larger integrated complex (commercial, industrial and multi -family residential), but shall apply only to the first 2000 sq. ft. of the complex.

3. For a new SFD, the 2000 sq. ft. exemption shall apply to each detached structure.

4. Residential additi ons, patio covers, gazebos, etc. (except for work which results in an additional dwelling unit)

For additions to existing buildings, the following shall apply:

 If the existing building is 2,000 sq. ft. or greater, all of the new addition is subject to the fee.

 If the existing building is less than 2,000 sq. ft., add the area of the existing to the area of the new addition. That portion of the total over 2,000 sq. ft. is subject to the fee.

If this were part of an existing complex of buildings (commercial, industrial and multi-family residential) and one of the buildings was 2,000 sq. ft. or larger, exception #2 above would be utilized and the addition would be subject to fees for the full square footage.

For existing multi -building (commercial, industrial and multi -family residential) complexes in which a new building is being added, exception #2 would again be utilized with the 2,000 sq. ft. being applied to one of the existing buildings.

Authority: Resolution No. R2019-152
Ordinance No. 2022-04
Exhibit "B"

284
Item13.

TRAFFIC FEES: Local/Regional (RTCIP) Fee Schedule

RESIDENTIAL REGIONAL Local Traffic Fee
(Fee Per Dwelling Unit) (RTCIP) Traffic Fee
Single Family $ 2,635.50 $ 4,191.77
Duplex $ 2,635.50 $ 2,095.37
Triplex $ 2,635.50 $ 2,095.37
Apartment $ 2,635.50 $ 2,095.37
Senior Apartment $ 2,635.50 $ 2,095.37
Condo/Townhouse $ 2,635.50 $ 2,095.37
Mobilehome/Family $ 2,635.50 $ 2,095.37
Mobilehome/Adult $ 2,635.50 $ 2,095.37
Retirement Community $ 2,635.50 $ 2,095.37

LODGING Local Traffic Fee Units Basis
Hotel (w/convention facilities/restaurant) $ 9.68 SF
Motel $ 9.68 SF
Resort Hotel $ 9.68 SF

COMMERCIAL/RETAIL Local Traffic Fee Units Basis
Grocery, discount/club store, specialty retail, lumber, hardware, garden, car sales, auto repair, day care, bowling center, theatre, health club

$ 9.68

SF
Bank $ 16.13 SF
Sit down restaurant $ 14.51 SF
High turnover restaurant or deli $ 16.13 SF
Fast food/with or w/o drive-through $ 48.37 SF
Convenience market $ 32.52 SF
Convenience market with fueling $ 14,509.42 per Fueling Space Car wash $ 72,545.01 each
Office (includes education) $ 3.22 SF
Medical/dental $ 5.64 SF
Hospital/care facility $ 4.03 SF
Industrial, business park, warehouse, storage, science
research & development $ 2.42 SF
Church $ 1.45 SF
Ordinance No. 2022-04
Exhibit "B"

285
Item13.

CONNECTION AND REGIONAL FEE SCHEDULE

RESIDENTIAL
WATER

CONNECTION

WASTEWATER

CONNECTION

Detached SFD ..................................................................... See schedule below (based on water
$7,500
Attached Dwelling Units (Includes single family
dwellings, town houses, condos, apartments, triplexes
& duplexes)
meter size)4
Units with 3 or more bedrooms (per unit) .......... 3,5104 7,500 Units with less than 3 bedrooms (per unit) ........ 3,5104 5,625 Mobilehome (in mobilehome park)................................ 3,5104 5,625 Hotel (per room) ............................................................ 2,250 Motel (per room)............................................................ See schedule below 2,925 Convalescent Home (per bed) ...................................... (based on water 938 Assisted Care Facility (per bed) .................................... meter size) 1,875 R. V. Park (per space)................................................... 1,875

WATER
FEE PER SQ. FT.
*WASTEWATER

COMMERCIAL/INDUSTRIAL CONNECTION CONNECTION
Retail ............................................................................. See schedule $1.28 Retail (one tenant over 10,000 sq. ft.)...........................

Office ............................................................................. below (based on
water meter size)4
.42

1.28 Medical/Dental...............................................................

Industrial ........................................................................

Industrial (one tenant over 10,000 sq. ft.) .....................

3.00 .63
.42

*The minimum fee for new building construction is 1 EDU - $7,500

WATER METER
WATER

CONNECTION FEE
**SDCWA

CAPACITY CHARGE

WATER METER

DROP IN FEE

SEE UTILITIES
3/4" meter $ 4,690 $ 5,312
1" meter $ 7,930 $ 8,499
1-1/2" meter $ 15,640 $ 15,936
2" meter $ 25,340 $ 27,622
3” meter $ 46,780 $ 50,995
4" meter $ 78,940 $ 87,117
6" meter $157,890 $159,360
8" meter $252,620 $276,224
NOTES:

1. For sewer lateral charges contact the Engineering Department at 839-4651.

2. For water meter charges contact the Finance Department, Utility Billing, at 839-4682.

3. One Wastewater (sewer) Connection Right = 1 EDU (Equivalent Dwelling Unit, 250 GPD) = $7,500 One Water Connection Right = 1 EDU (Equivalent Dwelling Unit, 750 GPD) = $4,690

4. Based upon a common meter installation. If a separate meter is proposed for each dwelling unit, Ordinance No. 2022-04
Exhibit "B"

Item13.
tenant, or business, connection fee is determined by the meter size.

5. SFD with domestic fire sprinklers usually require a minimum 1” meter with an approved RP device. ** Currently collected by Utilities with water meter charges and drop in fees.

6. For more information on San Diego County Water Authority (SDCWA) Water Capacity Charges visit https://www.sdcwa.org/capacity-charges
Ordinance No. 2022-04
Exhibit "B"

287
Item13.

CONNECTION AND REGIONAL FEE SCHEDULE

HIGH USE/SPECIAL USE (Fee Per Seat unless otherwise noted)

WATER

CONNECTION
*WASTEWATER

CONNECTION

Full Service Restaurant .........................

Family Restaurant .................................

Cafe .......................................................

Specialty Restaurant (china service) ....

Pizza (paper service) ............................

Deli ........................................................

Fast Food (paper service) .....................

Donut/Ice Cream/Specialty Shops ........

Bars/Pubs/Lounges ...............................

Theaters ................................................

Assembly: General................................

Church/Sanctuary................

Day Care/School (no cafeteria or gym).

Day Care, School with Gym/Showers ...

Supermarket..........................................

Convenience Market .............................

Convenience Market (with Deli) ............

Laundry for Apts./Condos .....................

INTENSIVE USE EXAMPLES:

Laundry .................................................

Car Wash:

Self-Serve ..........................................

Automatic ...........................................

See schedule
on page 18
(based on water
meter size)
$436.00
391.00
329.00
256.00
211.00
211.00
540.00
256.00
436.00

45.00 45.00

15.00 346.00/student
495.00/student

0.87/sq. ft.

1.70 /sq. ft.

2.11/sq. ft.
-0-
5,371.00/machine3
17,129.00/bay
157,618.00/site

* The minimum fee for new building construction is 1 EDU - $7,500

NOTE:

1. High or Intensive use facilities not listed, such as breweries, will be determined on an individual basis.

2. Car wash fees may be adjusted if a recycle system is installed.

3. Calculation of fees for Laundromats based on EDU's in addition to per-machine rate.

Ordinance No. 2022-04
Exhibit "B"

288
Item13.

Project Description/Data: Project Valuation:
2,600 sq. ft., 3 bedroom house (w/Fire Sprinklers, City Ord. & A/C) 2,600 sq. ft. x (152.19+4.30+5.79) = $421,928.00 600 sq. ft. garage 600 sq. ft. x ($39.70 + $4.30) = $26,400.00 (Applies to individual detached SFD’s on a single lot or parcel Valuation = $448,328.00 and one-lot condos w/detached SFD’s)

Fees Due at Time of Building Plan Check Submittal:

Plan Check Fee $ 2,012.54
State Energy Regulation Plan Check Surcharge Fee $ 337.35 Planning Division - Building Plan Review Fee $ 555.66
Fire Department - Building Plan Review Fee $ 150.00

Fees Due at Time of Building Permit Issuance:

Building Permit Fee $ 3,096.22
State Energy Regulation Inspection Surcharge Fee $ 518.99 Water Connection Fee (based on a minimum 1” meter for fire sprinklers) $ 7,930.00 Wastewater Connection Fee $ 7,500.00
Traffic-Fee Regional (RTCIP) $ 2,583.82
Traffic-Fee Local $ 4,191.77
Public Facility Fee $ 4,969.99
Park Fee $ 6,986.29
Drainage Facilities Fee $ 1,136.12
Region of Influence Infrastructure Deposit Fee (if in Region of Influence) $ 1,500.00 SMIP Fee $ 58.28
GREEN BUILDING FEE (California State Fee) $ 17.93
Art in Public Places Fee $ 180.00
Citywide Facilities Plan Reimbursement Fee $ 58.00
Microfilming Fee (estimate for paper plan submittal) $ 25.00 Mechanical, Electrical, Plumbing Issuance Fee $ 90.00
Fire Department – Inspection Fee $ 150.00
School Fees (School District) ---------
SDCWA Capacity Charge (based on 1” water meter. Paid at time of meter purchase) $ 8,499.00

NOTE: This is only an estimate. Exact fees can only be determined for a specific project in a specific location in the city.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

Example #1 – “DETACHED” SINGLE-FAMILY DWELLING
TOTAL FEES $52, 546.96
Ordinance No. 2022-04
Exhibit "B"

289
Item13.

Project Description/Data: Project Valuation:

Duplex - 2 units @ 1,100 sq. ft. each, 2 bedroom, 2 bath (w/Fire Sprinklers, City Ord. & A/C)
2,200 sq. ft. x ($152.19 + $4.30 + $5.79) = $ 357,016.00 800 sq. ft. garage 800 sq. ft. x ($39.70 + $4.30) = $ 35,200.00 Valuation = $ 392,216.00

Fees Due at Time of Building Plan Check Submittal:

Plan Check Fee $ 1,507.28
State Energy Regulation Plan Check Surcharge Fee $ 301.46 Planning Division - Building Plan Review Fee $ 555.66
Fire Department - Building Plan Review Fee $ 246.00

Fees Due at Time of Building Permit Issuance:

Building Permit Fee $ 2,318.89
State Energy Regulation Inspection Surcharge Fee $ 463.78 Water Connection Fee ($3510 x 2) $ 7,020.00
Wastewater Connection Fee ($5625 x 2) $ 11,250.00
Traffic-Fee Regional ($2583.82 x 2) $ 5,167.64
Traffic-Fee Local ($2,095.37 x 2) $ 4,190.74
Public Facility Fee ($4,969.99 x 2) $ 9,939.98
Park Fee ($6,663.76 x 2) $ 13,327.52
Drainage Facilities Fee ($469.22 x 2) $ 938.44
SMIP Fee $ 50.99
GREEN BUILDING FEE (California State Fee) $ 15.69
Art in Public Places Fee $ 60.00
Citywide Facilities Plan Reimbursement Fee ($58 x 2) $ 116.00 Microfilming Fee (estimate for paper plan submittals) $ 25.00 Mechanical, Electrical, Plumbing Issuance Fee $ 90.00
Fire Department – Inspection Fee $ 150.00
CATV Fee $ 10.00
School Fees (School District) --------
SDCWA Capacity Charge (based on 1” water meter. Paid at time of meter purchase) $ 8,499.00

NOTE: This is only an estimate. Exact fees can only be determined for a specific project in a specific location in the city.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

EXAMPLE #2 – Duplex
TOTAL FEES $ 66,244.07
Ordinance No. 2022-04
Exhibit "B"

290
Item13.

Project Description/Data: Project Valuation:
6 unit apartment building - 850 sq. ft./unit - 2 bedroom, 1 bath, 850 sq. ft. x 6 x ($135.65+$4.30+$5.79) = $ 743,274.00 (w/AC & Fire Sprinklers), 1,200 sq. ft. attached carport 1,200 sq. ft. x $28.12 = $ 33,744.00 Valuation = $ 777,018.00

Fees Due at Time of Building Plan Check Submittal:

Plan Check Fee $ 2,604.82
State Disabled Access Regulation Plan Check Surcharge Fee $ 260.48 State Energy Regulation Plan Check Surcharge Fee $ 520.96 Planning Division - Building Plan Review Fee $ 1,366.00 Fire Department - Building Plan Review Fee $ 246.00

Fees Due at Time of Building Permit Issuance:

Building Permit Fee $ 4,007.41
State Disabled Access Regulation Inspection Surcharge Fee $ 400.74 State Energy Regulation Inspection Surcharge Fee $ 801.48 Water Connection Fee ($3,510 x 6) $ 21,060.00
Wastewater Connection Fee ($5,625 x 6) $ 33,750.00
Traffic Fee-Regional (RTCIP) ($2,583.82 x 6) $ 15,502.92 Traffic Fee-Local ($2,095.37 x 6) $ 12,572.22
Public Facility Fee ($4,969.99 x 6) $ 29,819.94
Park Fee ($6,663.76 x 6) $ 39,982.56
Drainage Facilities Fee ($469.22 x 6) $ 2,815.32
SMIP Fee $ 101.01
GREEN BUILDING FEE (California State Fee) $ 31.08
Art in Public Places Fee $ 930.00
Citywide Facilities Plan Reimbursement Fee ($58 x 6) $ 348.00 Microfilming Fee (estimate if paper plan submittal) $ 75.00 Mechanical, Electrical, Plumbing Issuance Fee $ 90.00
Fire Department – Inspection Fee $ 150.00
CATV Fee $ 10.00
School Fees (School District) --------
SDCWA Capacity Charge (based on 1 1/2” water meter. Paid at time of meter purchase) $ 15,936.00

NOTE: This is only an estimate. Exact fees can only be determined for a specific project in a specific location in the city.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

EXAMPLE #3 - APARTMENT BUILDING
TOTAL FEES $183,381.94
Ordinance No. 2022-04
Exhibit "B"

291
Item13.

Project Description/Data: Project Valuation:
32 unit condominium project
-8 buildings/4 units each building @ 1,200 sq. ft./unit 1,200 sq. ft. x 4 x (135.65+4.30+5.79) = $ 699,552.00 -400 sq. ft. per unit attached garages 400 sq. ft. x 4 x ($39.70 + $4.30) = $ 704,000.00 (3 bedrooms/2 baths per unit) Valuation per Building = $ 769,952.00 Total Project Valuation (bldg. valuation x 8) = $ 6,159,616.00

Fees Due at Time of Building Plan Check Submittal:

Plan Check Fee $ 12,498.41
State Disabled Access Regulation Plan Check Surcharge Fee $ 1,249.84 State Energy Regulation Plan Check Surcharge Fee $ 2,499.68 Planning Division - Building Plan Review Fee $ 1,366.00 Fire Department - Building Plan Review Fee ($284 x 8) $ 2,272.00

Fees Due at Time of Building Permit Issuance:

Building Permit Fee $ 19,228.33
State Disabled Access Regulation Inspection Surcharge Fee $ 1,922.83 State Energy Regulation Inspection Surcharge Fee $ 3,845.67 Water Connection Fee ($3510 x 32) $ 112,320.00
Wastewater Connection Fee ($7500 x 32) $ 240,000.00
Traffic-Fee Regional RTCIP ($2,583.82 x 32) $ 82,682.24 Traffic-Fee Local ($2,095.37 x 32) $ 67,051.84
Public Facility Fee ($4,969.99 x 32) $ 159,039.68
Park Fee ($6,663.76 x 32) $ 213,240.32
Drainage Facilities Fee ($469.22 x 32) $ 15,015.04
SMIP Fee $ 800.75
GREEN BUILDING FEE (California State Fee) $ 246.38
Art in Public Places Fee (38,400 sq. ft – 2,000 * $0.30) $ 10,920.00 Citywide Facilities Plan Reimbursement Fee ($58 x 32) $ 1,856.00 Microfilming Fee (estimate if paper plan submittal) $ 150.00 Mechanical, Electrical, Plumbing Issuance Fee $ 90.00 Fire Department – Inspection Fee $ 150.00
CATV Fee $ 32.00
School Fees (School District) --------
SDCWA Capacity Charge (based on 3/4” water meter. Paid at time of meter purchase) $ 5,312.00

NOTE: This is only an estimate. Exact fees can only be determined for a specific project in a specific location in the city.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

EXAMPLE #4 – Condominium Project
TOTAL FEES $953,789.01
Ordinance No. 2022-04
Exhibit "B"

292
Item13.

Project Description/Data: Project Valuation:
4,000 sq. ft. industrial building (manufacturing/assembly) 4,000 sq. ft. x $67.82 = $ 271,280.00 Valuation = $ 271,280.00

Fees Due at Time of Building Plan Check Submittal :

Plan Check Fee $ 1,119.53
State Disabled Access Regulation Plan Check Surcharge Fee $ 111.95 State Energy Regulation Plan Check Surcharge Fee $ 223.91 Planning Division - Building Plan Review Fee $ 1,366.00 Fire Department - Building Plan Review Fee $ 246.00

Fees Due at Time of Building Permit Issuance :

Building Permit Fee $ 1,755.36
State Disabled Access Regulation Inspection Surcharge Fee $ 172.24 State Energy Regulation Inspection Surcharge Fee $ 344.47 Water Connection Fee (based on 3/4" meter) $ 4,690.00
Wastewater Connection Fee (minimum 1 EDU) $ 7,500.00
Traffic-Fee Local ($2.42 x 4,000 sq. ft.) $ 9,680.00
Public Facility Fee ($1.70 x 4,000 sq. ft.) $ 6,800.00 Drainage Facilities Fee ($0.73 x 4,000 roof area) $ 2,920.00 SMIP Fee $ 56.97
GREEN BUILDING FEE (California State Fee) $ 10.85
Art in Public Places Fee $ 600.00
Microfilming Fee (estimate if paper plan submittal) $ 75.00 Mechanical, Electrical, Plumbing Issuance Fee $ 90.00 Fire Department – Inspection Fee $ 150.00
School Fees (School District) --------
SDCWA Capacity Charge (based on 3/4” water meter. Paid at time of meter purchase) $ 5,312.00

NOTE: This is only an estimate. Exact fees can only be determined for a specific project in a specific location in the city.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

TOTAL FEES $ 43,224.28
EXAMPLE #5 – Industrial Building
Ordinance No. 2022-04
Exhibit "B"

293
Item13.

Project Description/Data: Project Valuation:
5,000 sq. ft. office building (w/ A/C) 5,000 sq. ft. x ($112.49 +$6.95) = $ 597,200.00 Valuation = $ 597,200.00

Fees Due at Time of Building Plan Check Submittal :

Plan Check Fee $ 2,115.76
State Disabled Access Regulation Plan Check Surcharge Fee $ 211.58 State Energy Regulation Plan Check Surcharge Fee $ 423.15 Planning Division - Building Plan Review Fee $ 1,366.00 Fire Department - Building Plan Review Fee $ 246.00

Fees Due at Time of Building Permit Issuance:

Building Permit Fee $ 3,255.01
State Disabled Access Regulation Inspection Surcharge Fee $ 325.50 State Energy Regulation Inspection Surcharge Fee $ 651.00 Water Connection Fee (based on 1” meter) $ 7,930.00
Wastewater Connection Fee (1 EDU minimum) $ 7,500.00
Traffic Fee ($3.22 x 5,000 sq. ft.) $ 16,100.00
Public Facility Fee ($2.25 x 5,000 sq. ft.) $ 11,250.00 Drainage Facilities Fee ($0.73 x 5,000 roof area) $ 3,650.00 SMIP Fee $ 125.41
GREEN BUILDING FEE (California State Fee) $ 23.89
Art in Public Places Fee (5,000 sq. ft. – 2,000 sq. ft. x $0.30) $ 900.00 Microfilming Fee (estimate if paper plan submittal) $ 75.00 Mechanical, Electrical, Plumbing Issuance Fee $ 90.00 Fire Department – Inspection Fee $ 150.00
School Fees (School District) --------
SDCWA Capacity Charge (based on 1” water meter. Paid at time of meter purchase) $ 8,499.00

NOTE: This is only an estimate. Exact fees can only be determined for a specific project in a specific location in the city.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

TOTAL FEES $ 64,887.30
EXAMPLE #6 - OFFICE BUILDING
Ordinance No. 2022-04
Exhibit "B"

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Project Description/Data: Project Valuation:
4,000 sq. ft. Medical / Dental Office Building 4,000 sq. ft. x ($143.92 + $6.95) = $ 603,480.00 Valuation = $ 603,480.00

Fees Due at Time of Building Plan Check Submittal :

Plan Check Fee $ 2,132.06
State Disabled Access Regulation Plan Check Surcharge Fee $ 213.21 State Energy Regulation Plan Check Surcharge Fee $ 426.41 Planning Division - Building Plan Review Fee $ 1,366.00 Fire Department - Building Plan Review Fee $ 246.00

Fees Due at Time of Building Permit Issuance :

Building Permit Fee $ 3,280.09
State Disabled Access Regulation Inspection Surcharge Fee $ 328.01 State Energy Regulation Inspection Surcharge Fee $ 656.02 Water Connection Fee (based on 1" meter) $ 7,930.00
Wastewater Connection Fee ($3 x 4,000 sq. ft.) $ 12,000.00 Traffic-Fee Local ($5.64 x 4,000 sq. ft.) $ 22,560.00
Public Facility Fee ($2.25 x 4,000 sq. ft.) $ 9,000.00
Drainage Facilities Fee ($0.73 x 4,000 roof area) $ 2,920.00 SMIP Fee $ 126.73
GREEN BUILDING FEE (California State Fee) $ 24.14
Art in Public Places Fee $ 600.00
Microfilming Fee (estimate if paper plan submittal) $ 75.00 Mechanical, Electrical, Plumbing Issuance Fee $ 90.00 Fire Department – Inspection Fee $ 150.00
School Fees (School District) --------
SDCWA Capacity Charge (based on 1” water meter. Paid at time of meter purchase) $ 8,499.00

NOTE: This is only an estimate. Exact fees can only be determined for a specific project in a specific location in the city.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

TOTAL FEES $ 72,622.67
EXAMPLE #7 – Medical / Dental Office Building
Ordinance No. 2022-04
Exhibit "B"

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Project Description/Data: Project Valuation:
1,000 sq. ft. ADDITION to an existing 8,000 sq. ft. building 1,000 sq. ft. x ($62.86 + $6.95) = $ 69,810.00 *Development fees apply to the added building only Valuation = $ 69,810.00

Fees Due at Time of Building Plan Check Submittal :

Plan Check Fee $ 448.26
State Disabled Access Regulation Plan Check Surcharge Fee $ 44.83 State Energy Regulation Plan Check Surcharge Fee $ 89.65 Planning Division - Building Plan Review Fee $ 1,366.00 Fire Department - Building Plan Review Fee $ 246.00

Fees Due at Time of Building Permit Issuance :

Building Permit Fee $ 689.63
State Disabled Access Regulation Inspection Surcharge Fee $ 68.96 State Energy Regulation Inspection Surcharge Fee $ 137.93 Water Connection Fee (no increase in meter size) -------- Wastewater Connection Fee ($2.37 x 1,000 sq. ft.) $ 2,370.00 Traffic-Fee Local ($2.42 x 1,000 sq. ft.) $ 2,420.00
Public Facility Fee ($1.70 x 1,000 sq. ft.) $ 1,700.00
Drainage Facilities Fee ($0.73 x 1,000 roof area) $ 730.00 SMIP Fee $ 14.66
GREEN BUILDING FEE (California State Fee) $ 2.79
Art in Public Places Fee --------
Microfilming Fee (estimate) $ 25.00
Mechanical, Electrical, Plumbing Issuance Fee $ 90.00 Fire Department – Inspection Fee $ 150.00
School Fees (School District) --------
SDCWA Capacity Charge (no increase in meter size) --------

TOTAL FEES $10,593.71
EXAMPLE #8 – Industrial Building Addition
Ordinance No. 2022-04
Exhibit "B"

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Project Description/Data: Project Valuation:
60 seat pizza restaurant in existing 1,800 sq. ft. retail tenant space (Fee Incentive - see pages 4)
1,800 sq. ft. x $69.48/sq. ft.

Valuation = $125,064

Fees Due at Time of Building Plan Check Submittal :

Plan Check Fee $ 651.68
State Disabled Access Regulation Plan Check Surcharge Fee $ 65.17 State Energy Regulation Plan Check Surcharge Fee $ 130.34 Planning Division - Building Plan Review Fee $ 412.00
Fire Department - Building Plan Review Fee $ 246.00

Fees Due at Time of Building Permit Issuance :

Building Permit Fee $ 1,002.58
State Disabled Access Regulation Inspection Surcharge Fee $ 100.26 State Energy Regulation Inspection Surcharge Fee $ 200.52 Water Connection Fee (no increase in water meter or sewer line sizes) -------- Wastewater Connection Fee (no increase in water meter or sewer line sizes) -------- Traffic Fee - Regional (RTCIP) (no added parking) -------- Traffic Fee - Local (no added parking) --------
SMIP Fee $ 26.27
GREEN BUILDING FEE (California State Fee) $ 5.00
Microfilming Fee (estimate if paper plan submittal) $ 5.00 Mechanical, Electrical, Plumbing Issuance Fee $ 90.00 Fire Department – Inspection Fee $ 150.00
School Fees (School District) --------
SDCWA Capacity Charge (no increase in water meter size) --------

TOTAL FEES: $ 2,988.82
EXAMPLE #9 - TENANT IMPROVEMENT
Ordinance No. 2022-04
Exhibit "B"

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Fees Due at Time of Building Plan Check Submittal:

Plan Check Fee (see "Processing Fees" on Page 7 )
State Disabled Access Regulation Plan Check Surcharge Fee (see Page 7 ) State Energy Regulation Plan Check Surcharge Fee (see Page 7 ) Planning Division - Building Plan Review Fee (see Page 7 ) Fire Department - Building Plan Review Fee (see Page 7 )

Fees Due at Time of Building Permit Issuance:

Building Permit Fee (see page 14 )
State Disabled Access Regulation Inspection Surcharge Fee (see Page 7 ) State Energy Regulation Inspection Surcharge Fee (see Page 7 ) Water Connection Fee (see "Connection and Regional Fee Schedule" on pages 18-19) Wastewater Connection Fee (see "Connection and Regional Fee Schedule" on pages 18-19) Traffic Fee - Regional (RTCIP) (see "Regional Fees" on pages 10 & 17) Traffic Fee - Local (see "Traffic Fee Schedule" on page 17 ) Public Facility Fee (see "Development Fees" on page 9 ) Park Fee (see "Development Fees" on page 9 )
Drainage Facilities Fee (see "Development Fees" on page 9 ) Region of Influence Infrastructure Deposit Fee - if in Region of Influence (see page 9) SMIP Fee (see "State Fees" on page 10 )
CA State Green Building Fee (see "State Fees" on page 10) Art in Public Places Fee (see "Other City Fees" on page 11 ) Citywide Facilities Plan Reimbursement Fee (see "Other City Fees" on page 11 ) Microfilming Fee (see "Other Fees" on page 11)
CATV Fee (see "Other Fees" on page 11 )
School Fees (see "Other Fees" on page 11 )
SDCWA Capacity Charge (see "Connection and Regional Fee Schedule" on pages 18-19)

NOTE: Exact fees can only be determined for a specific project in a specific location in the city.

FINAL PROJECT FEES ARE THOSE FEES IN EFFECT AT THE TIME OF PERMIT ISSUANCE.

Fee Worksheet
Project Valuation:

Project Description/Data:

TOTAL FEES: $
Ordinance No. 2022-04
Exhibit "B"

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Ordinance No. 2022-04
Exhibit "B"

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San Diego County Water Authority

CAPACITY CHARGE

WHO

The San Diego County Water Authority (the "Authority") was organized on June 9, 1944 for the primary purpose of importing water from the Colorado River to San Diego to augment local water supplies. The Water Authority's service area encompasses 920,472 acres (1,438 square miles).

It consists of six cities, 16 special districts, one federal agency (Camp Pendleton Military Reservation), and a member of the County of San Diego Board of Supervisors also serves as a representative to the Water Authority Board of Directors. It is governed by a 34 -member Water Authority Board of Directors representing the member agencies. The primary function of the Water Authority is to develop, store and transport water for use by its member agencies for delivery to each residence and business. The Water Authority supplies up to 90% of the water used within the County.

WHAT

On May 26, 2005, the Board of Directors of the Water Authority adopted Ordinance No. 2005-03.

This ordinance fixes Capacity Charges on all meters purchased on or after August 1, 2005, within the boundaries of the Water Authority.

The System Capacity Charge for a meter size of one (1) inch or greater shall be the basic charge of $3,985 multiplied by a Factor that is based upon additional meter capacity:

The System Capacity Charge is the cost for the conveyance and storage facilities necessary to operate the delivery system.

The Water Treatment Capacity Charge is the cost for the connection to the 50 -mgd (million gallons per day) regional water treatment facility. The Water Treatment Capacity C harge is an additional charge of $153 for each new meter of a size less than one inch and a corresponding increase for larger meters. The Water Treatment Capacity Charge excludes customers from the City of Escondido , the member agency whose jurisdiction ca nnot be serviced by the 50- mgd regional water treatment facility.

The member agency shall determine the size of the water meter to serve any property within its jurisdiction.

In the event an agency calculates the water demand by the Equivalent Dwelling Unit ("EDU") method, the Water Authority's System Capacity Charge and Water Treatment Capacity Charge will be collected based on the size of meter actually installed to meet flow demand.

Ordinance No. 2022-04
Exhibit "B"

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WHY
The assessment of the System Capacity Charge and Water Treatment Capacity Charge on new development is a part of the overall Long Range Financing Plan to fund the Capital Improvement Program. The other major revenue sources are water rates, infrastructure access charges, property taxes and the water standby availability charges.

The System Capacity Charge and Water Treatment Capacity Charge represent a reasonable basis for recovery of costs associated with providing service to new connections in the Water Authority's service are a through each member agency. Each member agency's rules and regulations governing the establishment of new or expanded services within its service area will be applicable to the collection of the System Capacity Charge and Water Treatment Capacity Charge for the Water Authority.

WHERE
The Water Authority's System Capacity Charge and Water Treatment Capacity Charge are to be collected from new or expanded water service on all lands within the boundaries of the Water Authority to which water is made available by the Water Authority.

The implementation of the System Capacity Charge and Water Treatment Capacity Charge is discussed in detail in Ordinance No. 2005-03, adopted on May 26, 2005. A copy of this document may be obtained from your water agency or from the San Diego County Water Authority, 4677 Overland Avenue, San Diego, CA 92123.

WHEN
Ordinance 90-2 was adopted by the Water Authority's Board of Directors with an effective date of October 1, 1990, with the provision to periodically review the rate based upon changes in the Water Authority's Capital Improvement Program. All meters for new or expanded service on or after that date are subject to Capacity Charges. The charges are collected by member agencies at the time they process and collect charges imposed by their rules and regulations for new or expanded water service. Rate adjustment, which established the current rates, was approved by the Water Authority's Board of Directors on November 30, 2006, with an effective date of January 1, 2007. Rates will increase on January 1, 2007.

FOR FURTHER INFORMATION
If you have questions that have not been answered by this fact sheet, please contact:

Finance Department
San Diego County Water Authority
4677 Overland Avenue
San Diego, CA 92123
(858) 522-6673
Please visit the website at www.sdcwa.org for current information Ordinance No. 2022-04
Exhibit "B"

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STAFF REPORT

March 2, 2022
File Number 0120-10

SUBJECT

RECOMMENDED REDISTRICTING PLAN OF THE ESCONDIDO INDEPENDENT REDISTRICTING

COMMISSION

DEPARTMENT
City Clerk’s Office

RECOMMENDATION
Request the City Council receive and file a report on the Recommended Redistricting Plan.

Staff Recommendation: Receive and File (City Clerk’s Office: Zack Beck) Presenter: Zack Beck

FISCAL ANALYSIS
None.

PREVIOUS ACTION
In 2013, the City of Escondido (“City”) formed an Independent Districting Commission (“Commission”) which was vested with authority to develop an initial district-based plan for future City Council elections.

It was composed of seven members, appointed by a Selection Panel of three retired judges residing in San Diego County.

The Consent Decree entered in San Diego Superior Court Case No. 37-2011-00060480 (“Consent Decree”) established the guidelines and criteria for districting of the City. Pursuant to the Consent Decree, the Selection Panel appointed Commission members who provided racial, geographic, social and ethnic diversity; had a high degree of competency to carry out the responsibilities of the Commission; and a demonstrated capacity to serve with impartiality.

With the assistance of an expert consultant, the Commission adopted plans that divided the City into four Council districts. The City Council approved the district boun daries on December 4, 2013 , an d by Ordinance No. 2013-17 to be used in the 2014, 2016, 2018, and 2020 General Elections.

Elections for the City’s four City Council members are conducted under a district-based method in which the four City Council members are elected from four districts and the Mayor is elected at-large. 302
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Pursuant to the Consent Decree dated April 19, 2013, the City shall be redistricted at least once every ten years, but no later than 120 days before the next City Council election after the national decennial census is released. If the next City Council electio n is within 180 days of the day the national decennial census data is released, redistricting shall be completed no later than 120 days before the following Council election.

The City shall establish a seven-member Independent Redistricting Commission which shall be vested with authority to develop an initial district -based plan for future City Council elections. To establish a truly Independent redistricting or Redistricting Commission, the selection process must be free of political influence and must be reasonably representative of the City’s diversity. Members of the Commission shall be appointed by a panel of three retired judges residing in San Diego County “Selection Panel”.

The City solicited applications for members of the public to serve on the Ind ependent Redistricting Commission from June 15, 2020 to July 31, 2020. Twenty candidates applied. Per Consent Decree guidelines, the City Clerk removed from the pool any individual who was not a qualified elector in the City or who, within ten years preceding the date of application:
 Was a candidate for local, federal, or California state office.  Was a paid employee or paid consultant of the campaign for a California political candidate or for a California political committee as defined by federal or state law.  Was an official or paid employee of any California political party organization.  Made monetary contributions to California political campaigns or political parties that exceed a total of $5,000 during a two -year period, which amount shall be adjusted consistent with the consumer price index in future years.
 Is currently a candidate for local, federal, or California state office.

On August 31, 2020, the City Manager compiled a list of retired judges willing to serve on the Redistricting Selection Panel and residing in San Diego County, per Consent Decree guidelines . The following judges were appointed to the Selection Panel:
 Hon. Irma Gonzalez
 Hon. William Pate
 Hon. William Howatt, Jr.

On November 18, 2021, the Selection Panel appointed the following c andidates to the Independent Redistricting Commission:
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 Robert Case
 Carolyn Clemens
 Amy Dao Doan
 Kristy Jurgensen
 Xochitl Reyes
 Mariela Saldana
On January 6, 2021, the Commission held its first meeting. The Commission appointed Robert Case as Chair and Kristy Jurgensen as Vice Chair. The Commission agreed to set a budget in the amount of $200,000 and submit it to the City Council for approval. On January 27, 2021, the City Council approved the budget.

The Commission met on February 2, 2021 and selected K arin MacDonald (Q2 Data) to serve as the Redistricting Commission demographer through the redistricting process. Ms. MacDonald previously served as the demographer for the initial City of Escondido Independent Districting Commission in 2013.

On May 4, 2021, the Commission met to establish public outreach goals and set a tentative timeline for holding future public hearings where map drawing will take place following the release of Census data.

On July 12, 2021, the Commission held a workshop on the redistricting process. On August 23, 2021, the Independent Redistricting Commission received an update on Census Legacy Data. On September 13, 2021, the Independent Redistricting Commission adopted a communication disclosure policy for all commissioners.

The Commission met on September 27, 2021 to approve a public outreach plan. On October 25, 2021, the Independent Redistricting Commission reviewed the budget. On November 29, 2021, the Independent Redistricting Commission approved a $17,500 budget ad justment request for to fund additional public outreach.

BACKGROUND
The Commission adhered to the procedural and substantive requirements set forth in the Consent Decree in developing and adopting the Recommended Redistricting Plan. The plan provides fair and effective representation for all citizens of the City, including racial, ethnic, and language minorities, and is in conformance with the requirements of the United States and California Constitutions, and with federal and state statutes.
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The new district boundaries comply with the United States Constitution, including containing reasonably equal population; comply with the federal Voting Rights Act; are geographically contiguous and drawn to encourage geographic compactness; are drawn with respect for geographic integrity of any neighborhood and any community of interest, including racial, ethnic, and language minorities; and were not drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.

The Commission's decisions were governed by federal and state legal requirements as well as criteria specific to Escondido. The United States Constitution requires districts contain roughly equal population and it and the federal Voting Rights Act (“VRA”) prohibit racial discrimination. The federal VRA also prohibits discrimination because of language minority status, in addition to practices that have a discriminatory effect, such as at -large elections or districts that make it harder for a racial or language minority group to elect a representative of choice.

The Commission’s decisions were also governed by specific criteria resulting from the consent decree in a California VRA case. In ranked order, the Commission had to address the following criteria:
 All districts comply with the United States Constitution. This includes that each district contains about the same number of people.
 All districts comply with the federal Voting Rights Act. This could mean drawing one or more majority-minority districts, if it is possible to do so.  All districts must be contiguous and encourage compactness.

The Commission conducted an open and transparent process that ensured full and meaningful public consideration of and comment on the drawing of district lines.

The Commission provided public notice of six (6) public hearings at which all Escondido citizens had equal opportunity to comment on the drawing of district lines.

The public hearings were held at six (6) geographically diverse locations throughout Escondido as well as via video conference. The Commission made every reasonable effort to afford maximum public access to its proceedings.

In particular, the Commission fixed the times, locations and formats of the hearings to assure accessibility to Escondido’s Latino and other ethnic communities, including Escondido’s Chinese, Vietnamese and Filipino communities.

Notice of each of the public hearings was provided in English, Spanish, Chinese, Vietnamese, and Filipino.

Spanish, Chinese, Vietnamese, and Filipino translation services were provided at each of the public hearings
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The Commission received comments from the public and worked in consultat ion with the expert consultant to prepare a Preliminary Redistricting Plan dividing the City into four (4) Council districts. The Preliminary Redistricting Plan was unanimously approved on January 27, 2022.

The Commission filed its designated Preliminary Redistricting plan with the City Clerk, along with a report outlining the bases on which its decisions were made as to district boundaries and explaining its compliance with the criteria outlined in Subsection IX.E of the Consent Decree, including any definitions of any terms or standards used in drawing its draft plan. The P reliminary Redistricting P lan and accompanying report were made publicly available.

During the thirty (30) day perio d after filing the designated Pr eliminary Redistricting Plan with the City Clerk, the Commission held three (3) public hearings in various geographic areas of the City as well as via video conference.

After receiving comments from the public on the Preliminary Redistricting Plan, the Commission worked in consultation with the expert consu ltant to prepare a Recommended Redistricting Plan. The Recommended Redistricting Plan (See Attachment “1”) was unanimously approved on February 23, 2022.

The approved Recommended Redistricting Plan is now being submitted to the City Council for its up or down approval.

The City Council shall hold at least one (1) public hearing on the Re commended Redistricting Plan of the Commission before any adoption of a Final Red istricting Plan. No later than forty (40) days after submission of the Recommended Red istricting Plan to the City Council, the City Council shall either approve or disapprove the Recommended Redistricting Plan in its entirety.

If the Council approves the Recommended Redistricting Plan, it shall become the Final Redistricting Plan and shall be im plemented. If the Counc il disapproves the Recommended Red istricting Plan the Council shall submit in writing to the Commission, the reasons for such disapproval. The Commission shall consider any reasons for disapproval submitted to it by the Council and s hall consider whether to make alterations to the Recommended Redistricting Plan in response to such reasons. Within forty (40) days of the City Council’s submission of its reasons for disapproval, the Commission shall submit the same or an altered Recommended Districting Plan to the City Council for approval.

ATTACHMENTS

1. Attachment “1” - Recommended Redistricting Plan
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Escondido Independent Redistricting Commission
February 23, 2022 Meeting
Recommended Redistricting Plan
District Population Deviation
%
Deviation CVAP
% Black
CVAP
% Asian
CVAP
% Latino
CVAP
% White
CVAP
1 37,457 -422 -1.11% 19,414 3.28% 6.68% 53.61% 34.46%
2 38,358 479 1.26% 25,967 2.57% 12.04% 25.76% 55.82%
3 38,821 942 2.49% 20,448 4.06% 5.42% 43.52% 43.69%
4 36,880 -999 -2.64% 25,180 3.59% 10.12% 23.90% 59.96%
*CVAP = Citizen Voting Age Population
Attachment "1"

STAFF REPORT

March 2, 2022
File Number 1115-30

SUBJECT
BUILDING FORWARD LIBRARY INFRASTRUCTURE PROGRAM GRANT $10 MILLION -

DEPARTMENT
Communications & Community Services

RECOMMENDATION
Request the City Council approve Resolution 2022-32 authorizing the Deputy City Manager / Director of Communications & Community Services to submit an application to the California State Library for $ 10 million in funding through the Buildi ng Forward Library Infrastructure Program Grant and complete all necessary documentation to receive and spend funds should they be awarded.

Staff Recommendation: Approval (Communications & Community Services: Joanna Axelrod) Presenter: Joanna Axelrod

FISCAL ANALYSIS
There is a requirement to match the awarded grant funds dollar-for-dollar. However, the City will submit a written Match Reduction Justification Request to have our match requirement eliminated based on our Local Operating Income Per Capita (“LIPC”) number as part of the application process.

PREVIOUS ACTION
None

BACKGROUND
The Budget Act of 2021 (SB -129) allocated $439 million in one -time funds to the California State Library to address life-safety and critical maintenance needs of public library facilities throughout California. This competitive grant program prioritizes funding for local library facilities located in high poverty areas of the state. The maximum grant amount per library facility is $10,000,000.

The application period opened in February and closes March 21, 2022. Funds must be expended before March 31, 2026.

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Pursuant to SB 129, funding will be prioritized for the following:
 Projects addressing life safety and other critical maintenance needs; and  Projects serving high poverty areas of the state.

For the purposes of this grant, critical maintenance and critical infrastructure projects are those needed to keep existing facilities, building -related structural components, and related building systems suitable for public use and compliant with all prevailing codes, rules, regulations, and standards governing their use, such as the Americans with Disabilities Act. Examples include, but are not limited to, necessary repair or replacement of essential building systems like HVAC; repair or replacement of broken or nonfunctioning essential building components (locks, windows, elevators, and doors); roof replacement; and mold and asbestos abatement.

The California Poverty Measure (“CPM”) will be used to prioritize projects in high p overty areas of the state. Escondido Public Library’s CPM% of population in poverty is 29.25% which ranks us 141 out of 1126 library locations in California. This indicates that our project would likely receive priority in the category of “projects serving high poverty areas of the state”.

The Escondido Public Library resides in a 40,000 square foot building constructed in 1980 and is the sole library location serving a population of over 150,000 people. As with many aging City facilities, there has not been sufficient funding available to properly maintain the library. There are currently three known roof leaks and the windows seep during storms with high winds. Without addressing the roof and window issues, it is likely that there will be a major issue impacting library operations in the next 3-5 years.

In anticipation of the availability of future funding, Library Systems and Services hired Kathryn Taylor Design, a consulting firm focused on planning, engagement, and interior design for libraries, to help assess the existing facility to determine what is working and what can be improved in order to create more user- focused spaces. Kathryn met with library staff and City leaders for initial feedback and combined that with data from the community provided through annual surveys to serve as a starting point for a redesign of the existing first floor of the library.

The Escondido Public Library Critical Infrastructure and Modernization Project will replace critical infrastructure including lighting, roofing, windows, and HVAC systems throughout the facility. Fluorescent and incandescent lighting will be replaced with energy efficient LED. The original roof, which has exceeded its projected lifespan and has been repaired m ultiple times over the years but continues to leak, will be replaced and allow us to fix water -damaged areas throughout the facility. We will also remediate and replace the asbestos -laden ceiling tiles with a safer, more modern material. The Library has se ven roof top HVAC systems which are approximately 15 years old with a 15 -year lifecycle. The Library is a designated cool zone for residents during extreme heat waves. Due to the age of the HVAC units, we are 309
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experiencing major HVAC failures that have affe cted operations. These replacement efforts will extend the life of the building for the foreseeable future.

If sufficient funding is obtained, we would also install rooftop and carport solar systems which would complement the existing battery storage unit already in place at the Library. This would result in a roughly 60% offset to our annual electrical usage.

Through the strategic planning process and annual user satisfaction surveys, library staff have determined that the building fails to meet the needs of the community – most specifically in the area of providing meeting spaces and collaborative work and stu dy spaces. Therefore, in addition to replacing critical infrastructure, this project will modernize the layout of the facility making it more functional and accommodating for how the community seeks to use it and providing a more efficient layout to suppor t operational needs and the work of the Friends of the Library. This project will provide updated building systems and renovations to ensure that Escondido is able to deliver 21st century library services and programs in the library facility. Through the renovation, this project will provide reimagined functional spaces with features such as a market space and café, study rooms and meeting rooms, a new storefront Friends of the Library Bookstore, improved and more efficient staff workspaces, new flooring, paint, fixtures, signage, and shelving that allows for greater sightlines and a layout that provides more room for collaborative spaces and programming.

If the City is successfully awarded this grant, extensive community outreach will be done in order to help shape the final design. This will include input from the L ibrary Board of Trustees, Friends of the Library, Library Foundation and other support groups as well library staff and the general public.

The Rough Order of Magnitude cost for the Escondido Public Library Critical Infrastructure and Modernization Project is estimated at $13,000,000 . As stated earlier in the Fiscal Analysis section, the City will request to have our matching requirement eliminated due to the fact that our Local Income Per Capita (LIPC) Level for FY 2021 -22 is so low at $12.88. Out of 183 library jurisdictions, there are only 31 who potentially qualify at this level which makes us highly competitive in this category . However, the maximum allowable grant request is $10 ,000,000 so in order to achieve the full scope of the project an additional $3 million would need to be identified. It is likely that if awarded this grant, the project would be phased in order to achieve all of the desired improvements. If, for some reason, the City is awarded a grant but the matching requirement is not eliminated then staff would return to the City Council to discuss options and receive additional direction.

RESOLUTIONS
a. Resolution No. 2022-32

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RESOLUTION NO. 2022-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE DEPUTY

CITY MANAGER / DIRECTOR OF COMMUNICATIONS &

COMMUNITY SERVICES TO SUBMIT AN APPLICATION
TO THE CALIFORNIA STATE LIBRARY FOR $10 MILLION

IN FUNDING THROUGH THE BUILDING FORWARD

LIBRARY INFRASTRUCTURE PROGRAM GRANT AND

COMPLETE ALL NECESSARY DOCUMENTATION TO

RECEIVE AND SPEND FUNDS SHOULD THEY BE

AWARDED

WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the City of Escondido (“City”), if selected, will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City proposes to implement the Escondido Public Library Critical Infrastructure and Modernization Project; and
WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Escondido intends to apply for grant funding from the California State Library for the Escondido Public Library Critical Infrastructure and Modernization Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California with the acknowledgement of the Escondido Public Library Board of Trustees:
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1. That the above recitations are true.

2. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Escondido Deputy City Manager / Director of Communications and Community Services, or her designee, is hereby authorized and directed to prepare and file an application for funding with the California State Library, and take such other actions necessary or appropriate to obtain grant funding.

3. The City of Escondido Deputy City Manager / Director of Communications and Community Services, or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.

4. The City of Escondido Deputy City Manager / Director of Communications and Community Services, or designee, is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

5. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained.

6. That the City Council approves Resolution No. 2022-32. 312
Item15.

STAFF REPORT

March 2, 2022
File Number 0490-60

SUBJECT
TREASURER’S INVESTMENT STRATEGY CHANGE -

DEPARTMENT
City Treasurer

RECOMMENDATION
Request the City Council adopt Resolution No. 2022-42 authorizing the City Treasurer to terminate the investment contract with PFM and approve the budget adjustment for investment software in the amount of $7,000.

Staff Recommendation: Approval (City Treasurer: Douglas Shultz) Presenter: Douglas Shultz

BACKGROUND
Since Douglas Shultz was elected in 2016:
 The City's Investment Policy has been completely redone to update an outdated investment policy.
 We received The California Municipal’s Treasurer association award for the revised policy  PFM hired as a portfolio manager to help manage the funds in 2019

o Moved out of highly concentrated investment positions  Prior to being elected, the City of Escondido’s bond portfolio had a high concentration of Fannie Mae and Freddie Mac bonds which posed unsystematic risk to the portfolio.
o Anticipated down cycle in the market. As a fiduciary, it was prudent to bring on a team to manage the portfolio and make drastic changes. We received nothing short of a market down cycle in March of 2020 and all of the City’s funds were kept safe.

PROPOSAL
The current economic data suggests that we could be in a cyclical bull market for the next 8-10 years. As reported last year by the finance department, the City had a large surplus of tax revenue. If tax revenue’s stay elevated or increase in the coming years our portfolio will increase and in conjunction, the fee’s we pay PFM. It will be difficult for PFM to outperform the market in any meaningful way in a low interest rate 313
Item16.

environment. By utilizing more sophisticated software we can streamline the reconciliation process and forgo the fee’s we paid PFM by bringing the investment management back in house.

RESOLUTIONS
a. Resolution No. 2022-42

ATTACHMENTS
a. Attachment “1” – Budget Adjustment

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Item16.

FM\105 (Rev.11/06)

C I T Y O F E S C O N D I D O

BUDGET ADJUSTMENT REQUEST

Date of Request: 02/22/2022 For Finance Use Only
Log #
Fiscal Year
ear
Department: City Treasurer
Division: City Treasurer

Project/Budget Manager: Doug Shultz x4619
Name Extension
Council Date (if applicable): March 2, 2022
(attach copy of staff report)
_____ Budget Balances
_____ General Fund Accts
_____ Revenue
_____ Interfund Transfers
_____ Fund Balance

Project/Account Description Account Number Amount of Increase Amount of Decrease Software 5193-001-005 $7,000
Fund Balance 3050-001 $7,000

Explanation of Request:

Software costs for the remainder of the fiscal year. Investment software is needed for managing investment porfolio that was previously manged by PFM Asset Management.

APPROVALS

Department Head Date

City Manager Date

Finance Date

City Clerk Date
Distribution (after approval): Original: Finance
DocuSign Envelope ID: 31B11629-A866-48B5-BD4F-36ACDB4928EB 2/22/2022
2/22/2022
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Item16.

RESOLUTION NO. 2022-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CITY

TREASURER TO TERMINATE, ON BEHALF OF THE CITY, AN

AGREEMENT WITH PFM ASSET MANAGEMENT, LLC FOR

INVESTMENT MANAGEMENT SERVICES
WHEREAS, on October 16, 2018, the City of Escondido (“City) issued a Request for Proposal (“RFP”) for investment management and advisory services; and WHEREAS, four (4) proposals were timely receiv ed and evaluated by the Executive Investment Committee; and
WHEREAS, PFM Asset Management , LLC was the highest ranked proposal and the most advantageous to the City; and
WHEREAS, City Council approved the Consulting Agreement between the City of Escondido and PFM Asset Management, LLC for the period from February 1, 2 019 to January 31, 2021 , with two additional one-year renewal options; and
WHEREAS, either Consultant or the City may termin ate this Agre ement upon thirty (30 ) days advance written notice; and
WHEREAS, the City treasurer has determined it to be more cost effective for the City to bring investment management back in-house.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the City Treasurer is authorized to terminate the Agreement approved by City Council on January 16, 2019, consistent with the terms of the Agreement. 316
Item16.

KEY-

CONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP
3/9/2022 - CANCELLED
03/16/2022 (SPECIAL MEETING/B&C INTERVIEWS)
03/23/2022 (STATE OF THE CITY)
CONSENT CALENDAR - (J. PROCOPIO) - LANDSCAPE MAINTENANCE DISTRICT PRELIMINARY ENGINEER'S REPORT- Request the City Council initiate proceedings for the annual levy of assessments for the City of Escondido Landscape Maintenance District ("LMD") for 2022/2023, approve the Preliminary Engineer's Report and set a public hearing date of April 20, 2022 for LMD Zones 1 through 38.

CONSENT CALENDAR - (J. PROCOPIO) - INTERFUND TRANSFER TO PAY OFF PUBLIC STORM DRAIN OBLIGATION - Request the City Council adopt Resolution No. 2022-43 authorizing approval for the interfund transfer of funds from the Public Facilities Fund to the City Drainage Fund. This transfer will pay off the Drainage Facilities Improvement and Reimbursement Agreement entered into by the City of Escondido and Newport Properties LLC on February 12, 2003. The amount of the interfund transfer will be $375,872.61. (“Loan”).

CONSENT CALENDAR - (J. PROCOPIO) - FINAL MAPS UNDER CONSIDERATION FOR APPROVAL - Request the City Council approve the final maps for Warmington Project (E21-0031) and San Diego Habitat for Humanity Project (E21-0022). 03/30/2022 - (SPECIAL MEETING/B&C INTERVIEWS)
4/6/2022
CURRENT BUSINESS - (M. MCGUINNESS) - DESIGNATION OF ENFORCEMENT AUTHORITY FOR THE ESCONDIDO CAMPAIGN CONTROL ORDINANCE - Request the City Council adopt Resolution No. 2022-41 designating Gary W. Schons, Esq. and the law firm of Best Best & Krieger LLP as the enforcement authority for the Escondido Campaign Control Ordinance for the 2022 Municipal Election, as required by Escondido Municipal Code Section 2- 110.5(c).

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