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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 roadway, parking and driveway areas shall be treated to remove expected contaminants using a high efficiency non-mechanical method of treatment. The City highly encourages the use of bio -retention basins as the primary method of storm water retention and treatmen t. The landscape plans will need to reflect these areas of storm water treatment.
6. The Developer will be required to have the current owner of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement. A copy of this recorded Agreement will need to be included in the CC&Rs.
7. All on -site storm drain s and stormwater treatment facilities are considered private . The responsibility for maintenance of these storm drains, storm water treatment facilities and any “Green Street” facilities constructed in the right-of-way to treat the street improvements required of project shall be that of the Homeowners Association (HOA). Provisions clearly dictating this responsibility shall be included in the approved Storm Water Quality Management Plan and ultimately in the recorded CC&Rs.
8. The Developer’s engineer shall design and the Developer shall construct any permeable surfaces proposed for the project to the specifications of the County of San Diego Green Streets manual in effect at the time the grading permits are issued. All permeable surfaces within the project footprint that are subject to vehicular traffic shall be designed for H20 loading.
9. The Homeowner’s Association shall perpetually maintain all permeable surfaces in accordance to the standards established by the County of San Diego Green Streets manual in effect at the time the grading permits are issued. City shall have the right to inspect all permeable surfaces as needed to ensure they function as designed. City shall have the right to require qualified third - party testing at the property owner’s expense when surface failure is suspected. Contractor qualifications are outlined in the County of S D Green Streets manual. The Homeowners Association will be required to repair or reinstall the permeable surface for all failing surfaces to County of SD Green Streets manual standards in place at the time of the grading permit. In the event of failure to maintain the permeable pavers system that result in not functioning as designed, the project owner will be responsible to replace the pervious pavers system with an alternate method of storm water treatment system or will be required to transition the proj ect to a priority storm water development project by complying with the applicable requirements, including development of a Storm Water Quality Management Plan and the installation of structural best management practices.
WATER SUPPLY
1. The Developer is r equired at their sole expense to design and construct looped 8 -inch public water mains within the project. An 8-inch water main shall be designed and constructed to loop through the project beginning at the intersection of Lehner Avenue and proposed Stree t F and Resolution No. 2023-06
Exhibit "H"
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shall extend north in proposed Street F and shall connect to the existing 12 -inch water main in Stanley Avenue. An 8-inch water main shall also be designed and constructed to loop through the project beginning at the intersection of Stanley Avenue and proposed Street H and shall extend north in Street H and continue through Lot 13 and then with a 90 degree bend to the east connect to the existing 12-inch water main in Conway Drive. These 8-inch water mains shall be designed and constructed in accord ance with the current City of Escondido Design Standards and Standard Drawings and to the satisfaction of the Utilities Engineer.
2. Fire hydrants together with an adequate water supply shall be installed at locations approved by the Fire Marshall. Fire hydrants shall connect to a minimum 8-inch water main.
3. The final locations and sizing of all required water mains, water services, fire hydrants, detector check assemblies, and other water appurtenances shall be designed and installed to the satisfaction of the Utilities Engineer and Fire Marshal.
4. Fire suppression and sprinkler systems beyond the Detector Check Valves are private and shall be designed and constructed per current Building, Plumbing, and Fire Code Standards, and per the requirements of the Ci ty Fire Marshal and City Building Official and shall be approved by a separate submittal to the Building Department. Although private and approved by separate plans and permit, all fire suppression lines shall be shown for reference and review on the various final engineering plan sets.
5. All on-site water lines and backflow prevention devices beyond the City water meter or DDCA shall be considered a p rivate water system. The Homeo wners Association shall be responsible for all maintenance of these water lines and appurtenances.
6. A 1-inch minimum water service, 1 -inch water meter, and backflow prevention device shall be required for domestic water supply per City of Escondido Design Standards and Standard Drawings. Water meters and backflow prevention devices shall not be installed within a driveway apron or within paved private drive areas.
7. No trees or deep-rooted bushes shall be planted within 10-feet of any water mains.
8. There shall be no permanent structures located within the City’s Public utility Easements.
9. All public water mains shall be located under asphalt or concrete pavement and not under curbs, gutters, medians or sidewalks.
10. Backflow prevention assemblies are private and should be located on private property. Backflow prevention assemblies shall be located directly behind the public water meter.
11. Any water services to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the public water meter to the satisfaction of the Utilities Engineer and Water Distribution Department.
Resolution No. 2023-06
Exhibit "H"
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12. Any fire hydrants to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the fire hydrant per the satisfaction of the Utilities Engineer and Water Distribution.
13. The Developer shall disconnect at the public main, all water services and fire hydrants laterals to be abandoned, to the satisfaction of the Utilities Engineer and Water Distribution Department.
SEWER
1. The Developer is required at their sole expense to design and construct onsite and offsite 8-inch public sewer mains. An offsite 8-inch sewer main shall be designed and constructed to connect to the existing 8-inch sewer manhole at the intersection of Rincon Avenue and Conway Drive and extend south in Conway Drive and enter the project at the Lot 13 driveway off Conway Drive.
Additional offsite sewer main shall be designed and constructed in Stanley Avenue from the intersection of Stanley Avenue and proposed Street H west erly to the intersection of Stanley Avenue and Weiss Way . On-site sewer mains shall be designed and constructed through the project to connect the two above noted offsite sewer mains. All 8 -inch sewer main shall be designed and constructed in accordance wi th the current City of Escondido Design Standards and Standard Drawings and to the satisfaction of the Utilities Engineer.
2. A private 4 -inch minimum PVC sewer lateral with a standard clean -out within 18 -inches of the Public Utility Easement or public right-of-way shall be designed and constructed for each single- family lot on the Improvement plans and shall be shown on the Grading plans. A private 6-inch minimum PVC sewer lateral for each multi-unit building on Lot 13 together with a standard clean- out within 18-inches of the Public Utility Easement or public right -of-way shall be designed and constructed on the Improvement plans and shown on the Grading plans. Sewer laterals less than 8-inches in diameter shall connect to the sewer main with a wye or Inserta-Tee. All sewer laterals shall be constructed per current City of Escondido Design Standards and Standard Drawings and per the current Uniform Plumbing Code for the portion outside of the public right-of-way or Public Utility Easement.
3. No trees or deep-rooted bushes shall be planted within 15 -feet of any sewer main or within 10- feet of any sewer lateral. Sewer laterals shall be 5-feet horizontally clear from other utilities.
4. All sewer laterals shall be considered a priva te sewer system. The property own er and/or Homeowners Association shall be responsible for all maintenance of sewer laterals to the public sewer main.
5. All sewer mains, laterals, and appurtenances shall be designed and constructed per current City of Escondido Design Standards and Standar d Drawings, and to the satisfaction of the Utilities Engineer.
6. The project design shall be such that all existing or new sewer manholes are accessible at all times by City’s “Vactor” trucks for maintenance.
Resolution No. 2023-06
Exhibit "H"
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7. The Developer shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.
LANDSCAPE
1. Project Landscaping and Irrigation plan(s) and Project Wall and Fencing P lan(s) shall be submitted to the Engineerin g Department with the second submittal of the grading plan for approval by the Planning, Engineering, and Fire Departments . The initial submittal of the landscape and fencing plans shall include the required Planning Division Review fees in effect at the time of the submittal.
2. The Developer shall install permanent landscaping and irrigation on cut and fill slopes within the project.
3. The Developer shall install permanent landscaping and irrigation along the project’s Conway Drive, Stanley Avenue, and Lehner Avenue right-of-way frontages including the fill slopes facing Conway Drive on Lots 15-20.
4. The Developer shall install permanent landscaping and irrigation on the “below pad” fill slopes on Lots 42-47 that face the existing homes on Wagon Wheel Court. All fencing or walls associated with or on these lots shall be designed to prevent general public access to these slope and drainage facility areas while providing adequate contro lled/gated access for the Homeo wners Association to maintain these landscaped slopes and drainage facilities.
5. The Developer shall fully landscape with irrigation and install all required fencing and walls on Homeowners Association owned Lots A and B , as well as Lot 13 shall be subject to the same landscape and irrigation requirements.
6. All of the landscaping, irrigation, walls, and fencing identified in Landscape Conditions 3 through 5 above shall be maint ained by the Homeo wners Association. Language and exhibits clearly dictating the separation of maintenance responsibility between the Homeowners Association and individual property owners for all landscaping, irrigation, walls, and fences shall be included in the CC&Rs.
FINAL MAP - EASEMENTS AND DEDICATIONS
1. All easements, both private and public, existing and proposed, affecting subject property shall be shown and delineated on the Final Map and all project final engineering plans.
2. The Developer shall dedicate as public rights -of-way the following streets within the project to bring these streets to the indicated classification.
STREET CLASSIFICATION
Streets F and H Residential Street (56’ R/W)
Street G Rural Residential (34’ R/W w/ 5’ PUE beyond-both sides) Resolution No. 2023-06
Exhibit "H"
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3. The Developer shall grant reciprocal private access easements (totaling 25’ width) across Lots 9, 10, 23, 24 for the benefit of these 4 lots. These easement areas shall be plotted and identified on the Final Map and granted upon subsequent transfer of title.
4. The Developer shall dedicate to the public a 20 -foot radius corner rounding at the following locations:
• Northeast corner of Weiss Way and Stanley Avenue.
• Northwest corner of Conway Drive and Stanley Avenue.
• Southwest corner of Conway Drive and Stanley Avenue.
• Northwest corner of Conway Drive and Lehner Avenue
5. Public Utility Easements shall be granted to the City of Escondido on the Final Map for any proposed public water and/or sewer mains proposed to cross private property including any Homeowner’s Association property. In addition, Public Utility Easement areas not less than 5’ x 5’ shall be granted to the City for all fire hydrants, water meters and other public water appurtenance locations. The minimum public utility easement width shall be 20 feet for a single utility and 25’ for areas with public sewer and water mains, or the full width of the private easement road, whichever is greater. A reduction in easement width will be allowed where the proposed public water main connects from the end of proposed Street F to the 12-inch water main in Stanley Avenue.
6. Public Storm Drain Easements shall be granted to the City of Escondido on the Final Map for any proposed public storm drains proposed to cross private property including any Homeo wner’s Association property. The minimum public storm drain easement width shall be 20 feet . A reduction in public storm drain easement width to no less than 15’ will be allowed where a public storm drain traverses the side or rear yard of a private lot (Lots 6, 7, 15).
7. The Developer shall grant private drainage easements to the Homeo wner’s Association for all proposed drainage and stormwater pipes, ditches, and facilities to be owned and maintenance by the Homeowner’s Association. The minimum width of these private drainage easements shall be 10 feet. This minimum width may be reduced to 5 feet with approval by the City Engi neer and subject to adequate Homeowner’s Association access language in the CC&Rs.
8. The Developer is responsible for making the arrangements to quitclaim all easements of record which conflict with the proposed project prior to issuance of Building Permits. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval of the Grading plans. Build ing permits will not be issued for structures in which construction will conflict with existing easements or utilities, nor will any securities be released until the existing easements are quitclaimed.
Resolution No. 2023-06
Exhibit "H"
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REPAYMENTS AND FEES
1. A water repayment of $17,231.00 per repayment file #137 for Assessor Parcel Nos. 224-141-23, 224-141-25, and 224-142-33 is due to the City of Escondido for existing water improvements that will serve this development.
2. A sewer repayment of $8,285.16 per repayment file #185 for Assessor Parcel No. 224-142-33 is due to the City of Escondido for existing sewer improvements that will serve this development.
3. A cash security deposit satisfactory to the City Engineer shall be posted to pay any costs incurred by the City for cleanup or damage caused by erosion of any type, related to project grading. Any moneys used by the City for cleanup or damage wil l be drawn from this security. The remaining portion of this cleanup security shall be released upon final acceptance of t he grading f or this project. The amount of the cash security shall be 10% of the total estimated cost of the grading work up to a maximum of $50,000, unless a higher amount is deemed n ecessary by the City Engineer. The balance of the grading work shall be secured by performance bonds or such other security as may be approved by the City Engineer and City Attorney.
4. The developer shall be required to pay all development fees of the City then in effect at the time, and in such amounts as may prevail when building permits are issued.
CC&Rs
1. Copies of the CC&R s with all exhibits shall be submitted to the Engineering Department and Planning Department for approval prior to approval of the Final Map. These City approved CC&Rs with all exhibits shall be executed and recorded with and immediately subsequen t to the Final Map recordation.
2. The Developer sh all make provisions in the CC&Rs for maintenance by the Homeo wners’ Association of all private roadways, driveways, parking areas, private utilities (including sewer and water) , utility and basin access, all storm water treatment facilities and basins, drainage swales, private street lighting, private storm drains, any common open spaces, and all the landscaping, irrigation, walls, and fences identified in the Landscape Section of these Engineering Conditions of Approval. These provisions must be included, reviewed and approved by the Engineering and Planning Division prior to approval of the Final Map.
3. The CC&Rs must state that the Homeowners’ Association assumes liability for damage and repair of City utilities in the event that damage is caused by an individual owner or the Home owners’ Association when repair or replacement of private utilities is done.
4. The CC&Rs must state that (if stamped concrete or pavers are used in the private street) the homeowners’ association is responsible for replacing the stamped concrete or pavers in -kind if the City has to trench the street for repair or replacement of an existing utility.
Resolution No. 2023-06
Exhibit "H"
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5. The CC&Rs shall reference the recorded Storm Water Contr ol Facility Maintenance Agreement and the approved Storm Water Quality Management Plan (SWQMP) for the project.
6. The CC&Rs must contain parking restriction provisions for proposed Street G, the private access drive serving Lots 9,10,23,24, and the private access and parking areas within Lot 13, and shall clearly state that the Homeo wner’s Association will be responsible to manage and enforce the parking restrictions in these areas.
UTILITY UNDERGROUNDING AND RELOCATION
1. All existing overhead utilities within the subdivision boundary or along fronting streets shall be relocated underground as required by the Subdivision Ordinance. The Developer may request a waiver of this condition by writing a letter to the City Engineer explaining his/her reas ons for requesting the waiver. The D eveloper will be required to pay a waiver fee as adopted by City Council resolution.
2. The Developer shall sign a written agreement stating that he/she 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.
I. Specific Fire Department Conditions
1. Provide an adequate water supply, show location(s), size of connection and approved access shall be provided prior to combustibles being brought to the site.
2. All vegetation clearing as per the approved Fire Protection Report shall be completed prior to combustibles being brought to the site.
3. Minimum hydrant spacing of 500 feet is required.
J. Condition Added by the Planning Commission (December 13, 2022)
1. The sideyard setback on the west side of Lot 10 shall be increased to a minimum of 15 feet, and the slope along the western property line shall be provided with enhanced landscaping.
Resolution No. 2023-06
Exhibit "H"
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STAFF REPORT
January 11, 2023
File Number 0800-10
SUBJECT
NORTH IRIS CONDOMINIUMS
DEPARTMENT
Development Services Department, Planning Division
STAFF RECOMMENDATION
Request the City Council conduct a public hearing on the development proposal and take action on the recommendations of City staff and the Planning Commission, which recommends that the City Council:
1) Adopt Resolution No. 2023 -03 certifying a Final Envir onmental Impact Report (FEIR), Mitigation Monitoring and Reporting Program and making certain Findings of Fact in conformance with the California Environmental Quality Act (CEQA).
2) Introduce Ordinance No. 2023-03 for a Prezone to Planned Development Residential 14.6 (PD-R 14.6) along with a Master and Precise Development Plan for a 102-unit condominium development 3) Adopt Resolution No. 2023-04 approving a General Plan Amendment from Suburban to Urban 3, one- lot Tentative Subdivision Map, and Annexation/Reorganization
Staff Recommendation: Approval (Development Services Department: Andrew Firestine) Presenter: Jay Paul, Senior Planner
PLANNING COMMISSION RECOMMENDATION
The Planning Commission considered the project at its December 13, 2022 hearing, and the staff report has been included as Attachment “1”. One member of the public submitted written correspondence to the Planning Commission at that meeting (Attachment “2” to this report) and twelve members of the public (including the Project applicant) spoke at the hearing (2 in favor, and 9 expressed concern and/or opposed). Public commenters expressed concern with the project density, neighborhood compatibility and traffic impacts along N orth Iris Lane. After deliberation, the Planning Commissi on voted 5 -0 (Commissioners Doan and Weiler absent) to recommend that the City Council approve the Project as conditioned.
FISCAL ANALYSIS
The Project is a private development project that will require the payment of development impact fees in effect at the time permits are requested. In addition, as part of the overall decision -making process to move forward with a proposed development proje ct, it is important to evaluate the contributions and demands that development will place upon the City’s general fund and ability to provide ongoing public services. To avoid the need to subsidize new development, current City policy requires the developer of a 167
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private development project to establish a special funding mechanism to ensure that new development pays for itself.
Community Facilities District (“CFD”) No. 2020 -1, Citywide Services, was formed by the City Council on May 13, 2020 as a means by which a developer can offset its impacts to the provision of ongoing public services. The special tax that would be assessed on projects that opt to annex into the CFD is based upon the Fiscal Impact Analysis (FIA) that was prepared to support the creation of CFD No. 2020-01. While other means of offsetting general fund impacts are available, the benefit of entering CFD No. 2020 -01 is that the annexation process is significantly streamlined, which saves staff time and costs to developers.
At the time of thi s writing, an applicant is required to fully offset potential impacts to the General Fund created by their project. This can be accomplished through either formation of a CFD, annexation into CFD No. 2020-01, or establishment of another lawful funding mech anism reasonably acceptable to the City (“Public Services Funding Agreement”). Should an applicant desire to utilize the streamlined process available through annexation into CFD No. 2020-01, they would be required to sign a Unanimous Consent to Annex, whi ch serves as their authorization to annex. The Applicant declined to sign a Unanimous Consent to Annex at this time . A condition of approval has been included as part of Exhibit “ E” to draft City Council Ordinance No. 2023-03 and Exhibit “E” to draft City Council Resolution No. 2023-04 to reflect the requirement to establish a funding mechanism as described above prior to recordation of the Final Map. (It should be noted, however, that the City Council has directed staff to look at the current policy and bring back recommendations that may modify this requirement.) If the applicant opts to annex into CFD No. 2020-01, the Project would fall into Category 2. The maximum established levy for Category 2 is $797.33 per unit for tax year 2023/24, subject to annual adjustments which currently are based on the Consumer Price Index or 2%, whichever is greater. The City Council retains the discretionary authority to set the levy each year which could be set an amount less than the maximum levy. The costs for providing ongoing municipal services to the 102-unit Project is estimated at $81,327.66. If annexation into CFD No. 2020 -01 is the way by which the developer opts to provide the ongoing funding source, the housing units would be included in the annexation. Should the developer opt to pursue a funding mechanism other than CFD No. 2020 -01, such mechanism, including the assessment rate, would be subject to approval by City Council.
PROJECT DESCRIPTION
The Project consists of Annexation, Pre-zone, General Plan Amendment, Tentative Subdivision Map, and Master and Precise Development Plan for the development of 102 air -space condominium units with a density of approximately 14.6 dwelling units per acre. The design includes 21 two (2) and three (3)-story buildings containing 14 two-bedroom units, 30 three-bedroom units and 58 four-bedroom units, ranging in size from 1,228 square feet to 1,911 square feet. 230 parking spaces are proposed, which includes an enclosed two (2)-car garage for each unit and 27 open parki ng spaces located throughout the development (“Project”).
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A complete project description can be found in the December 13, 2022, Planning Commission staff report (Attachment “1”).
LOCATION
The 7.7-acre Project site is comprised of 5 parcels located at 2039, 2047, 2085 and 2089 N. Iris Lane (APNs 224-310-05-00, 224 -310-06-00, 224 -310-07-00, 224-310-08-00 and 224 -310-20-00. The location is depicted in Attachment “1” to the Planning Commission staff report.
PREVIOUS ACTION
On June 3, 2020, the City Council authorized staff to process an application to annex 5 parcels to the City of Escondido and change the General Plan land -use designation from Suburban (S) to Urban II (U2), facilitating the development of up to 12 dwelling unit per acre. On November 18, 2020 , the City Council authorized a proposed modification to the request to change the General Plan land-use designation from Suburban (S) to Urban III (U3), facilitating the potential development of the property up to 18 dwelling units per acre.
In 1998, voters of the City approved Proposition S, which established and affirmed various General Plan policies limiting the intensification of residential land uses. In addition, Proposition S specified that certain future amendments to the General Plan which affect the intent of the policies established and reaffirmed by Proposition S would require approval by vote of the public. In particular, Proposition S requires voter approval of any General Plan Amendment which would increase residential densities, change, a lter or increase the General Plan Residential Land Use categories, or change any residential designation to a commercial or industrial designation on any property designated as Rural, Estate, Suburban, or Urban.
The Project applicant’s position is that the proposed Project is not subject to the provisions of Proposition S because the adopted Proposition only applies to changes or intensification of existing zoning. The subject site currently is not within the City’s jurisdiction, but is instead subject to the underlying County zoning designation of VR -24 (Village Residential, up to 24 dwelling units per acre). Therefore, the Applicant’s position is that Proposition S does not apply in this instance because the project is proposing a lesser density of Urban III, which allows up to 18 dwelling units per acre, as opposed to the higher density County zoning of VR-24. This Proposition S issue was presented to the City Council twice ( June 3, 2020, and November 18, 2020) and the Council authorized the project to be processed under the proposed Urban III General Plan land-use designation.
ANALYSIS
The Project is located within the Suburban General Plan land -use of the City’s General Plan which is a single-family residential designation that allows a density of up t o 3.3 dwelling units per acre . The underlying County Zoning Designation of Village Residential – 24 (up to 24 dwelling units per acre). The Project includes a request for a General Plan Amendment to Urban III, which would allow multi - family/condominium type development with a maximum density up to 18 dwelling unit per acre. The 169
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Project includes 102 air-space, for sale condominium units with a density of 14.6 dwelling units per acre.
The County does not provide sewer service and connection to City sewer facilities would require annexation to Escondido and development in accordance with the City’s General Plan and zoning requirements. The approximately 7.7-acre annexation/reorganization includes annexation to the City of Escondido, detachment from CSA No. 135 and exclusion from the RDDMWD -Improvement District (ID) “E”, which funds fire and emergency services that are provided within ID “E” by contract with the City of Escondido. A Prezone designation of Planned Development-Residential (PD-R 14.6) would be applied to the subject site and would designed PD-R 14.6 upon annexation that requires final approval by the Local Agency Formation Commission (LAFCO). A complete analysis of the Project can be found in the Planning Commission staff report Attachment “1.”
ENVIRONMENTAL REVIEW
A draft Environmental Impact Report (State Clearing House Number 2021060702) was circulated for 45 - day public review period from September 20, 2022, to November 3, 2022. Comments letters/emails were received during and after this review period from various state and local agencies and members of the public. Responses to all correspondence received have been incorporated into the final EIR. Mitigati on measures required under CEQA were developed to reduce the potential for adverse impacts with respect to biology, cultural resources and tribal cultural resources , geology and soils, hazards and hazardous materials, noise and transportation. A Final EIR has been prepared for the Project that includes project comments and response to comments, mitigation measures, errata section noting any corrections/modifications to the final environmental document, along with CEQA findings. The Draft and Final EIR, technical appendices, response to comments and CEQA findings can be viewed at the following link: https://www.escondido.org/north-iris-condominiums.
CONCLUSION
The Project is consistent with t he General Plan, as proposed to be amended, as well as with the development standards proposed by the Master Development Plan. The project as proposed will not have a significant effect on the environment, as designed and conditioned. The Final EIR contai ns mitigation measures designed to minimize or eliminate possible significant environmental effects. The location, size, design, and operating characteristics of the proposed project will not be incompatible with, or will adversely affect, or will be materially detrimental to adjacent land uses. The site is suitable for the type and intensity of use or development which is proposed. Both the Planning Commission and staff recommend the City Council certify the Final Environmental Impact Report, approve the proposed Project, and make application to LAFCO for annexation/reorganization.
RESOLUTIONS
A. Resolution No. 2023-03
B. Resolution No. 2023-03 Exhibit A, B, C and D
C. Resolution No. 2023-04
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D. Resolution No. 2023-04, Exhibits A, B, C, D, E and F
ORDINANCES
A. Ordinance No. 2023-03
B. Ordinance No. 2023-03, Exhibits A, B, C, D and E
ATTACHMENTS
A. Attachment 1 – December 13, 2022, Planning Commission staff report B. Attachment 2 – December 13, 2022, Planning Commission written correspondence C. Attachment 3 – Written correspondence
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Agenda Item No.: G.2
Date: December 13, 2022
PROJECT NUMBER / NAME: PHG20 -0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21-0128
REQUEST: Tentative Subdivision Map and Master and Precise Development Plan for the development 102 air-space condominium units. General Plan Amendment from Suburban (S) to Urban III (U3), along with Annexation of 7.7 acres and Prezone to Planned Development-Residential (PD-R 14.6).
LOCATION: 2039, 2047, 2085 and 2089 N. Iris Lane
APN / APNS : 224 -310-05-00, 224- 310-06-00, 224-
310-07-00, 24-310-08-00 and 224-310-20-00
GENERAL PLAN / ZONING: Suburban (S) / County
Zoning VR24 (Village Residential, 24 dwelling units
per acre)
APPLICANT: Hallmark Communities, Inc.
PRIMARY REPRESENTATIVE:
Hallmark Communities (Mariana
McGrain).
DISCRETIONARY ACTIONS REQUESTED: Tentative Subdivision Map, Master and Precise Development Plan, General Plan Amendment, Prezone and Annexation
PREVIOUS ACTIONS: The City Council authorized the intake and processing of the application on June 3, 2020 and modified request on November 18, 2020
PROJECT PLANNER: Jay Paul, Senior Planner
CEQA RECOMMENDATION: Certification of the Final Environmental Impact Report (EIR)
STAFF RECOMMENDATION: Approval
REQUESTED ACTION: Approve Planning Commission Resolution No. 2022-14
CITY COUNCIL HEARING REQUIRED: ☒ YES ☐ NO
REPORT APPROVALS: ☐ Andrew Finestine , Director of Development Services
☒ Adam Finestone, City Planner
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Project Name: PHG20-0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21-0128 Planning Commission Meeting
Date: December 13, 2022
2 BACKGROUND:
The approximately 7.7-acre (6.98 net acres) Project site is comprised of 5 parcels and has been previously developed with 4 single-family homes and an animal/horse corral. Before any application for a General Plan Amendment and Annexation may be submitted to the Planning Division, the City Council must consider the applicant’s initiation request, and authorize Planning staff to accept and process the application. On June 3, 2020, the City Council authorized staff to process an application to annex 5 parcels to the City of Escondido and change the General Plan land-use designation from Suburban (S) to Urban II (U2), facilitating the development of up to 12 dwelling unit per a cre. On November 18, 2020 the City Council authorized a proposed modification to the request to change the General Plan land- use designation from Suburban (S) to Urban III (U3), facilitating the potential development of the property up to 18 dwelling units per acre. Authorizing the request does not reflect whether the City Council would ultimately approve the annexation or the project, as formal action would be taken at future public hearings after consideration of the appropriate environmental and project analysis with a recommendation from the Planning Commission.
A. SUMMARY OF REQUEST:
Hallmark Communities (“Applicant”) submitted an application on August 6, 2020 to develop the Project site to include Annexation and Prezone, General Plan Amendment and Tentative Subdivision Map, and Master and Precise Development Plan for the development of 102 air - space condominium units with a density of approximately 14.6 dwelling units per acre. The design includes 21 two and three-story buildings containing 14 two-bedroom, 30 three-bedroom and 58 four-bedroom units ranging in size from 1,228 square feet to 1,911 square feet . 230 parking spaces are proposed, which includes an enclosed two-car garages for each unit and up to 27 open parking spaces located throughout the development.
B. SUPPLEMENTAL DETAILS OF REQUEST:
1. Property Size:
7.7 acres (gross acres) 6.98 acres (net acres) includes dedication of 15’ Iris Lane right-of-way
2. Number of Units:
102 air-space condominium units
Required: Provided:
3. Unit Sizes:
4. Buildings/Types
N/A Range from 1,228 sq. ft to
1,911 sq. ft.
52 two- and three -story
interlocking alley type
50 two- and three- story with
private rear yards
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Project Name: PHG20-0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21-0128 Planning Commission Meeting
Date: December 13, 2022
3 5. Unit Types: 14 two-bedroom
30 three bedroom
58 four bedroom
102 total units
6. Density:
18 du/ac maximum
(based on Urban III land-use
designation)
14.6 du/ac net acreage
7. Building Height:
Determined through PD
process (Urban III and R -3-
18 zoning allows up to 3
stories and 35 feet)
2 and 3 stories, up to 37 ’ to
ridgeline of certain roof
elements.
8. Vehicle Parking:
228 required
(Including one covered
space per unit required)
230 provided includes a two-
car garage per each unit (204
spaces) and up to 27 open
guest (includes ADA and EV
spaces per CBC).
9. Bicycle Parking:
Per CBC
Per CBC
10. Setbacks
R-3 code Planned Development
a) Front Yard (Robin Hill
Lane)
b) Street Side (Iris Lane)
15’ min.
10’ min.
15’ min.
10’ min.
c) Rear Yard (south) 10’ min.
Additional 5’ for structures
over two stories
10’ min. The third -story
element on select bldgs. set
back 15’ or greater from rear
P/L
d) Interior Side Yard
(west)
5’ min.
Additional 5’ for structure
over two stories
5’ min. Third-story element on
select structures set back min.
10’ from P/L along west
11. Useable Open Space
90,400 SF min.
(400 sq. ft. per unit plus 200
sq. ft. for every bedroom
over one)
97,040 SF total
11,364 recreation areas
21,434 private patios/decks
64,242 common areas with
grades less than 10%
Average 951 sq. ft. per unit
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4 12. Signage:
Wall signs Per R-3 side code allowances
(Article 66)
13. Trash:
Individual trash pickup per unit to be provided
14. Heating and Ventilation:
Ground-mounted HVAC units with appropriate screening
proposed for each unit.
C. PROJECT ANALYSIS:
1. General Plan Conformance:
The City’s General Plan land-use designation for the Project site is Suburban (S) which is a single-family residential designation that allows a density of up to 3.3 dwelling units per acre with a maximum height of two stories and 35 feet. Based on the property size of 6.98 net acres, the site could support a theoretical yield of up to 23 single-family lots. The provisions of SB9 and City Ordinance No. 2022-19R (“Two-Family Dwellings) could allow the development of up to 4 units per lot (2, two-family units and 2 Accessory Dwelling Units) or a theoretical maximum of 92 separate units on 23 traditional single-family lots. The applicant is requesting a General Plan Amendment to Urban III (U3) that allows a maximum density of up to 18 dwelling units per acre, which would allow a theoretical yield of up to 125 units. The applicant is requesting an actual yield of 102 unit or 14 .6 dwelling units per acre. The underlying County zoning designation of VR -24 would allow a theoretical yield of up to 184 units (7.7 gross acres) if the property were developed under the current County jurisdiction.
However, in order to achieve this density of development under the County’s jurisdiction, sewer service would need to be provided. The County does not provi de sewer service and connection to City sewer facilities would require annexation to Escondido and development in accordance with the City’s General Plan and zoning requirements. Therefore, development to the maximum density under the County’s VR24 designation generally would not be feasible.
The City is taking steps to encourage, promote, and facilitate the development of housing consistent with policies 1.1 and 2.1 of the Housing Element of the General Plan, while accommodating the City’s share of regional housing needs, consistent with Government Code section 65584. As noted previously, the applicant proposes to construct 102 units on the subject property. The current City Suburban land- use designation would allow up to 23 dwelling units per acre. Although the subject property permits residential development through its underlying land use/ zoning designation, the Project site is not identified in the vacant/underutilized sites land inventory of the City’s Sixth Cycle Housing Element. Because the provision of “no net loss” applies to housing located on any site listed in the City’s Housing Element, the City does not need to determine if this Project or a decision related to this Project would be subject to No Net Loss Law and its remedies.
2. Proposition S:
In 1998, voters of the City approved Proposition S, which established and affirmed various General Plan policies limiting the intensification of residential land uses. In addition, 175
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5 Proposition S specified that certain future amendments to the General Plan which affect the intent of the policies established and reaffirmed by Proposition S would require approval by vote of the public. In particular, Proposition S requires voter approv al of any General Plan Amendment which would increase residential densities, change, alter or increase the General Plan Residential Land Use categories, or change any residential designation to a commercial or industrial designation on any property designated as Rural, Estate, Suburban, or Urban.
The Project applicant’s position is that the proposed Project is not subject to the provisions of Proposition S because the adopted Proposition only applies to changes or intensification of existing zoning. The subject site currently is not within the City’s jurisdiction, but is instead subject to the underlying County zoning designation of VR -24 (Village Residential, up to 24 dwelling units per acre). Therefore, the Applicant ’s position i s that Proposition S does not apply in this instance because the project is proposing a lesser density of Urban III, which allows up to 18 dwelling unit s per acre, as opposed to the higher density County zoning of VR-24. This Proposition S issue was presented to the City Council twice (6-3-20 and 11-18- 20) and the Council authorized the project to be processed at Urban III.
3. Annexation/Reorganization
The approximately 7.7 -acre annexation/reorganization includes annexation to the City of Escondido, detachment from CSA No. 135 and exclusion from the RDDMWD -Improvement District (ID) “E”, which funds fire and emergency services that are provided within ID “E” by contract with the City of Escondido. The annexation area includes 5 parcels located adjacent to the City of Escondido jurisdiction on the north, south and east. With the annexation of the subject parcels, a small County island would remain on the west. Staff conducted a survey of the adjacent County property owners to gauge support to be included in the annexation request. Staff did not receive sufficient support from affected County residents to include any additional parcels in the annexation. Approving the proposed annexation/reorganization with a county island remaining, but reduced in si ze will meet the requirements of Government Codes Section 56375(m) and will not create significant environmental impacts for the following reasons:
a. The proposed Escondido General Plan land-use designation of Urban III and County land-use designation of VR -24 would maintain similar density provisions and would allow for multi-family residential development.
b. The subject parcels remaining in the County cannot be reasonably annexed to another jurisdiction or incorporated as a separate jurisdiction because they are located within the Escondido Sphere of Influence and Planning Area.
c. Annexation will not significantly change the arrangement by which public services are delivered in the N. Iris Lane area or to the subject parcels, as detailed in the Final EIR prepared for the Project.
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6 The Local Agency Formation Commission (LAFCO), which oversees all annexation activity, has reviewed the proposed annexation boundary, and has not raised any concerns regarding the annexation area and the ability to provide adequate public and emergency services to the site. The proposed annexation/reorganization would require final approval from the San Diego Local Agency Formation Commissi on (LAFCO). The proposed annexation/reorganization would allow for the orderly development of the City without adversely affecting adjacent properties. As part of the annexation process, a Prezone designation of Planned Development-Residential (PD-R 14.6) would be established and upon annexation, the property would be zoned Planned Development Residential (PD -R 14.6) to reflect the density of the project.
4. Site Design:
a) Project Access, Circulation and Parking:
The project site fronts onto N. Iris Lane on the east, which is classified as a Local Collector roadway on the City’s Circulation Element map, and Robin Hill Lane on the north and west, which is a private access road. The Project would improve N. Iris Lane across the project frontage and include a gated driveway for emergency and exit only access. Primary access into the project would be provide from a single- gated driveway from Robin Hill Lane. Robin Hill Lane would be improved to provide a 32- foot curb-to-curb width along the project frontage that would be maintained by the Project homeowner’s association (HOA). Internal project driveways (24 feet in width) would be private and also maintained by the HOA.
The overall unit mix would require a minimum of 226 parking spaces with one covered parking space per units, which includes 25 open guest spaces. A total of 231 parking is proposed to be provided for residents and guests to include a two- car garage for each unit (102 garages/204 spaces) and up to 27 open guest parking spaces located throughout the project site. North Iris Lane would be widened to Local Collector Road standards along the project frontage which may allow limited on -street parking opportunities based on the final design and striping of the street. North Iris Lane north and south of the site along the western side was constructed to previous Collector Road standards that allows for on- street parking. Iris Lane along the east side does not allow on-street parking and is signed accordingly.
b) Open Space and Landscaping:
The medium density R-3 code requires a minimum of 400 square feet of open space is required per unit, and an additional 200 square feet for every bedroom over one.
The project is required to provide a minimum of 90,400 square feet of open space for the 102-unit Project. The Project would provide a combination of private and common open space areas total ing 97,040 square feet. Common open space areas include 11,359 square feet of recreational areas and pathways and 64,247 square feet of more passive/landscape areas with grades less than 10 percent. The Project also includes 177
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7 private patios and decks, including private rear yards for select building groups. A variety of perimeter fencing would be provided to include decorative masonry walls along the Iris Lane frontage and portion of Robin Hill Lane, decorative open tube metal fencing along portions of Robin Hill Lane and main project entry, and 6-foot-high vinyl fencing along the western and southern perimeters. Both entries would be gated to control access.
5. Building Design:
a) Architectural Design, Colors/Materials and Unit Mix:
The Project consists of 21 separate two- and three-story buildings containing 4, 5 and 6-unit designs. A range of unit size and number of bedrooms are proposed to include 14 one-bedroom, 30 two- bedroom and 58 four -bedroom units ranging in size from 1,228 square feet to 1,911 square feet. The project incorporates typical R -3 development standards (e.g., hei ght, setbacks, etc.) , where appropriate, which is typically associated with the Urban III land- use designation. The Planned Development zone allows for deviations from typical development requirements. A comparison of R-3 development requirements and Project proposal is provided in the above details of request section of the report. The buildings range in height from 35 feet to 37 feet in height to the top of ridgelines. The third-story elements generally are limited to the center portion of the building to reduce the overall mass and scale of the buildings, especially adjacent to the typical single -family residential lots on the south and west. The Project utilizes a multi-story farmhouse/ranch style of architecture with varying wall planes and rooflines, composition roofing, two color palates, and exterior materials such as stucco and vertical and horizonal wood/composite siding exteriors, darker trim colors, exposed rafter tails, and window and door awnings at select areas.
Private ground floor fenced rear yards are provided for certain units. Project plans are included with this staff report as Attachment 2 to the staff report and Exhibit “D” to draft Planning Commission Resolution No. 2022-14.
D. FISCAL ANALYSIS:
The proposed Project is a private development project that will require the payment of fees in effect at the time permits are requested. As part of the overall decision-making process to move forward with a proposed development project, it is important to evaluate the contributions and demands that development will place upon a public agency’s general fund and the city or county’s ability to provide ongoing public services. To avoid the need for a city or county to subsidize new development, cities and counties can establish or require special funding mechanisms to ensure that new development pays for itself.
Community Facilities District (“CFD”) No. 2020 -1, Citywide Services, was formed by the City Council on May 13, 2020. The special tax that will be assessed on properties as a result of the development of new residential units is based upon the Fiscal Impact Analysis (FIA) that was prepared to support the creation of CFD No. 2020- 01. Developers to whom these residential project entitlements are assigned are responsible to establish a funding mechanism to provide a 178
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8 source of funds for the on-going municipal services required for the project. The benefit of entering CFD No. 2020- 01 is that the annexation process is significantly streamlined, which saves staff time and costs to developers.
At the time of this writing, an applicant is required to fully offset potential impacts to the General Fund created by their project and the Project has been conditioned accordingly . This can be accomplished through either formation of a CFD, annexation into CFD No. 2020- 01, or establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Should an applicant desire to utilize the streamlined process available through annexation into CFD No. 2020 -01, they would be required to sign a Letter of Intent (“LOI”) to do so, which serves as their authorization to annex. (It should be noted, however, that the City Council has directed staff to look at the current policy and bring back recommendations that may modify this requirement.)
If the developer opts to annex into CFD No. 2020-01, the Project would fall into Category 2 (5.5- 18 du/ac). The current rate for Category 2 is $797.33 per unit through the end of this fiscal year (June 30, 2023), subject to annual adjustments which currently are based on the Consumer Price Index or 2%, whichever is greater. The total annual cost for the 102-unit Project would be approximately $81,327.66. If annexation into CFD No. 2020-01 is the way by which the developer opts to provide the ongoing funding source, the housing units would be included in the annexation.
Should the developer opt to pursue a funding mechanism other than CFD No. 2020-01, such mechanism, including the assessment rate, would be subject to approval by City Council.
E. ENVIRONMENTAL STATUS:
A Notice of Preparation (NOP) was issued for the Project on July 1, 2021 in compliance with section 15082 of the California Environmental Quality Act (CEQA) guidelines. A virtual public scoping meeting was conducted on July 22, 2021 for the project and members of the public participated in the meeting. Staff received responses from three responsible/trustee agencies (San Diego County Archaeological Society, California Department of Fish and Wildlife, and Native American Heritage Commission) during the public NOP review process.
A draft Environmental Impact Report (State Clearing House Number 2021060702) was circulated for 45 -day public review period from September 20, 2022 to November 3, 2022. C omments letters/emails were received during and after this review period from various state and local agencies and members of the public. Respons es to all correspondence received have been incorporated into the final EIR. Mitigation measures required under CEQA were developed to reduce the potential for adverse impacts with respect to biology, cultural resources, hazards and hazardous materials, noise and traffic. A Final EIR has been prepared for the Project that includes project comments and response to comments, mitigation measures, errata section noting any corrections/modifications to the final environmental document, along with CEQA finding s. The Draft and Final EIR, technical appendices, response to comments and CEQA findings can be viewed at the following link: https://www.escondido.org/north-iris-condominiums
As part of the environmental review process, Planning staff issued consultation invitations to a list of tribal groups maintained by the California Native American Heritage Commission, as required 179
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9 by state law (SB18 for all projects involving an amendment to the General Plan. Additionally, staff issued separate consultation invitations to a small subset of tribal groups, as required by another state law (AB52) for all projects subject to the California Environmental Quality Act. A total of 3 tribal groups (Rincon Band of Luiseno Indians, San Luis Rey Band of and San Pasqual) requested formal consultation pursuant to SB18 and/or AB52. Consultation activities with these 3 tribal groups took the form of virtual meetings , emails/letters and phone calls with City staff.
During consultation activities, tribal representatives were given the opportunity to review the project plans, technical studies and ask questions, and discuss mitigation measures to address potential impacts to historic, cultural and tribal cultural resources. Their recommendations regarding the inclusion of mitigation measures to address inadvertent discoveries of tribal cultural resources during grading/construction operations have been incorporate into the final EIR and Mitigation Monitoring and Reporting Program (MMRP) to include Native American monitor(s) during ground-disturbing activities.
F. PUBLIC INPUT:
Staff received comments from the public and County of San Diego during the public comment period for the draft EIR, which are included in the Final EIR along with response to comments.
Staff received two comments since that time noting support for the project, which is attached with this staff report.
G. CONCLUSION AND RECOMMENDATION:
The Planning Commission is the authorized agency for granting discretionary approval of a Tentative Subdivision Map, and the City Council is the authorized agency for granting approval of an Annexation, Prezone, General Plan Amendment, Master and Development Plan. When one concurrent application is filed for all of these approval types, the full project is brought to Planning Commission first for a recommendation on approval or denial, and is then brought to City Council for a final decision. The proposed project is consistent with the General Plan, as proposed to be amended, as well as with the development standards approved under the Master Development Plan. The project as proposed will not have a significant effect on the environment, as designed and conditioned. The Final EIR contains mitigation measures designed to minimize or eliminate possible significant environmental effects. The location, size, design, and operating characteristics of the proposed project will not be incompatible with, or will adversely affect, or will be materially detrimental to adjacent land uses. The site is suitable for the type and intensity of use or development which is proposed. Staff recommends that the Planning Commission recommend approval of the Project based upon the factors/findings , conditions and mitigation measures as described in this staff report and as detailed in Exhibits “A” through “D” to D raft Planning Commission Resolution No. 2022-14.
ATTACHMENTS:
1. Location and General Plan Map
2. Project Plans
3. Correspondence
4. Planning Commission Resolution No. 2022- 14 – Exhibits A, B, C, D, E, F and G 180
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10 Attachment 1
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11 182
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14 Attachment 2
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15 186
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17 Looking south and east towards intersection of Iris/Robin Hill Lane Looking west and northwest along Iris Lane towards secondary gated access 188
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18 Representative example of the architecture, colors, materials for the project.
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19 This is a representative example of the floor plans for the project
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21 192
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23 Attachment 3
Correspondence received after DEIR public comment period
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Attachment "2"
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1 Adam Finestone
From: MunicodeEmails
Sent: Thursday, December 29, 2022 6:26 PM
To: Adam Finestone; Jessica Engel; Dare DeLano
Subject: FW: [EXT] Form submission from: Public Comment
From: Escondido Meetings Portal via Municode Portal
Sent: Thursday, December 29, 2022 6:26:04 PM (UTC-08:00) Pacific Time (US & Canada) To: MunicodeEmails
Subject: [EXT] Form submission from: Public Comment
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Submitted on Thursday, December 29, 2022 - 6:26pm
Submitted by user: Visitor
Submitted values are:
Board or Commission for Public Comment Planning Commission Email [email protected]
Council Meeting Date 1/11/2023
Item # PHG20-0032
Subject Traffic Safety
Position No Position
First and Last Name Karen Fowzer
Are you an Escondido Resident? Yes
Comments
I live on Robin Hill Ln and getting out of there to turn left on Iris Ln (to take the kids to school) is treacherous.
With cars speeding (not obeying the speed limit), I would suggest putting stop signs at EVERY intersection to mitigate speed and promote safety for residents entering/exiting along Iris, i.e. putting a stop sign at Elkhorn Ln, Cheyenne Ln, Iris Way, and Robin Hill Ln. ALL intersections between Village Dr and Centre City Pkwy.
Listening to the most recent council meeting, I would suggest doing a current traffic assessment and not using the 2018 data because there has been waaaaay more growth than there was in 2018 and in 2020 due to Covid, that shouldn't even be equated into the research. In terms of parking along Iris, it's fine as long as we have STOP signs at EVERY intersection along Iris, between Village and Centre City Pkwy. If there are stop signs, people would have to stop. Without stop signs and having public street parking, that would be dangerous because you won't have any visibility when trying to turn on a busy street. I go through this on a daily basis when taking the kids to school. Sometimes people park on the side, north of Robin Hill Ln on Iris, I can't even see, which is hazardous when trying to make that left turn. I believe STOP signs would be the best resort to control speed and help with public safety. I can't reiterate that enough! Another concern I have are cars using the western entrance of Robin Hill Ln from Centre City to get to the new complex. This is a private road and also a dirt, not maintained road, so having that type of traffic on our road would deteriorate it even more. How would you address this issue? Left turns are more difficult than right turns, so if you live on Robin Hill Ln, you'll come through the Centre City entrance to Robin Hill to go around the Iris/Robin Hill intersection - I'm 196
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2 sure it will happen, so does that mean you'll also fix our dirt road? Was that taken into consideration? GPS tells you to turn on Robin Hill Ln from Centre City, it doesn't tell you to turn on Iris Ln to get to Robin Hill. Will cars park on Robin Hill Ln on our private road if no parking is available? I don't want random cars parking on our road that shouldn't be there. The parking is really going to be a bad situation. ALL cars along Robin Hill Ln should be a NO Parking zone. Not to mention, with all this traffic, there will be illegal dumping which we've seen plenty of times in front of the parcel mailbox location on Centre City and also on Robin Hill Ln from Iris.
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RESOLUTION NO. 2023-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, CERTIFYING A FINAL
ENVIRONMENTAL IMPACT REPORT AND ADOPTING
FINDINGS OF FACT AND A MITIGATION MONITORING
AND REPORTING PROGRAM PREPARED FOR THE N. IRIS
CONDOMINIUM PROJECT LOCATED AT 2039, 2047, 2085
AND 2089 N. IRIS LANE
CASE NOS.: PHG20-0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21-0128
WHEREAS, Hallmark Communities, Inc. , (“Applicant”) filed a land use development application (Planning Case Nos. PHG20-0032, PL20 -0738, PL20 -0739, PL21 -0126, PL21 -0127 and PL21 -0128) constituting a request for a n Annexation/Reorganization, Prezone to Planned Development -Residential (PDR-14.6), General Plan Amendment from Suburban (S) to Urban III (U3), Tentative Subdivision Map, and a Planned Development Permit (Master and Precise Development Plan) for the development of 102 condominium units on a 7.7 gross acre (6.98 net acre) site located a t 2039, 2047, 2085 and 2089 N. Iris Lane (APNs 224-310-05-00, 224-310-06-00, 224-310-07-00, 224-310-08-00 and 224-310-20-00), as more particularly described in Exhibit “A” to this Resolution, attached hereto and incorporated herein by this reference (“Property”); and
WHEREAS, pursuant to the authority of Government Code sections 65450 – 65457, 65350 et seq., 66410 et. seq., and 65864 – 65869.5, said verified application in its entirety constitutes the project (“Project”); and
WHEREAS, the Project proposes the development of the Property, which includes the demolition of all existing structures on the project site, and construction of a 102-unit air-space condominium project with a resulting residential density of 14.6 dwelling units per acre . The Pro ject would also provide supporting open space and recreational amenities, landscaping, parking and associated site and street improvements; and
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WHEREAS, said verified application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Municipal and Zoning Codes, and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and WHEREAS, pursuant to CEQA and its implementing regulations (14 California Code of Regulations Section 15000 et. seq. ) (“CEQA Guidelines”), the City is the lead agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and WHEREAS, pursuant to CEQA Guidelines section 15063, the City opted to forego the preparation of an Initial Study, and determined that an Environmental Impact Report (“EIR”) would be prepared to address potential direct and cumulative impacts associated with biological resources, cultural /tribal cultural resources, geology and soils, hazards and hazardous, noise, and transportation; and WHEREAS, in accordance with CEQA Guidelines section 15082, the City issued and distributed a Notice of Preparation (“NOP”) of an EIR to the State Clearinghouse, local and regional responsible agencies, and other interested parties on July 1, 2021 , for a 30 -day comment period, which ended on August 2, 2021. In addition to distribution of the NOP, a public scoping meeting was held on July 22, 2021; and
WHEREAS, the City prepared and circulated a Draft EIR for the Project for review and comment by the public, agencies, and organizations pursuant to the CEQA Guidelines by filing a Notice of Availability (“NOA”) of the Draft EIR for review with the County Clerk of the County of San Diego. The NOA was also mailed to organizations and parties expressing interest in the Project on September 14, 2022, notifying the general public, public agen cies, and interested individuals and organizations that a 45 -day public review period would begin on September 20, 2022, and end on November 3, 2022. The NOA was also 199
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filed with the City Clerk, published in the Escondido Times-Advocate, and posted on the City’s website; and
WHEREAS, on September 13, 2022, pursuant to CEQA Guidelines section 15085, the City filed a Notice of Completion of the Draft EIR with the Office of Planning and Research through the State Clearinghouse (SCH No. 2021060702), circulating the Draft EIR to State Agencies for review; and WHEREAS, during the 45-day public comment period of the Draft EIR, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guidelines sections 15086 and 15087; and WHEREAS, the City received comments concerning the Draft EIR from public agencies, organizations, and individuals, and , pursuant to CEQA Guidelines section 15088, the City prepared responses to all written comments received on the Draft EIR which raised environmental issues; and WHEREAS, the City has determined that the comments received on the Draft EIR did not contain any significant new information within the meaning of CEQA Guidelines section 15088.5 and therefore, recirculation of the Draft EIR is not required; and
WHEREAS, the City prepared a Final EIR that contains the information required by CEQA Guidelines section 15132, including the Draft EIR ; the technical appendices and referenced documents ; revisions and additions to those documents ; public and agency comments on the Draft EIR ; a list of persons, organizations, and agencies who commented on the Draft EIR; and the City's responses to said comments; and
WHEREAS, the Final EIR concludes that all potentially significant environmental impacts would be mitigated to less-than-significant levels; and
WHEREAS, the Planning Commission did hold a duly noticed public hearing as prescribed by law to consider the certification of the Final EIR on December 13, 2022, during which it considered all factors 200
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relating to the EIR and the Project, including additional evidence and public testimony from those wishing to be heard regarding certification of the Final EIR; and WHEREAS, at that meeting, the Planning Commission adopted Planning Commission Resolution No. 2022-14, recommending that the City Council certify the Final EIR, adopt the CEQA Findings of F act, and adopt the Mitigation Monitoring and Reporting Program (“MMRP”), and approve the Project; and WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided a Notice of City Council Public Hearing to all organizations and individuals who had previously requested such notice, and published the Notice of Public Hearing in the Escondido Time-Advocate and The Paper, and posted the Notice on the City’s website; and
WHEREAS, on January 11, 2023, the City Council held a duly noticed public hearing as prescribed by law to co nsider the Planning Commission's recommendation to certify the Final EIR and approve the Project, during which it considered all factors relating to the EIR and the Project, including additional evidence and public testimony from those wishing to be heard regarding certification of the Final EIR; and WHEREAS, the City Council has carefully reviewed and considered all environmental documentation comprising the Final EIR, including the Draft EIR and the revisions and additions thereto, the technical appendices and referenced documents, and the public comments and the responses thereto, contained in Exhibit “B” on file in the Office of the City Clerk and incorporated herein by this reference as though fully set forth herein, and has found that the Final EIR considers all potentially significant environmental impacts of the Project and is complete and adequate, and fully complies with all requirements of CEQA and the CEQA Guidelines; and
WHEREAS, at the January 11, 202 3, public hearing, City Council members independently and jointly reviewed a nd analyzed the Draft and Final EIR, and these documents reflect the independent judgment of the City Council and the City as the Lead Agency for the Project. The City Council considered all significant impacts, mitigation measures, Project alternatives identified in the Final EIR, and considered 201
Item7.
all written and oral communications from the public regarding the environmental analysis, and found that all potentially significant impacts of the Project have been reduced to a less-than-significant level; and WHEREAS, CEQA and the CEQA Guide lines provide that no public agency shall approve or carry out a project for which an EIR has been completed that identifies one or more significant effects of the project unless the public agency makes certain written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and WHEREAS, pursuant to CEQA Guidelines sections 15091 and 15097, the City of Escondido has prepared CEQA Findings of Fact, attached as Exhibit “ C,” and an MMRP, attached as Exhibit “ D,” which are incorporated herein by this reference as though fully set forth herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Escondido, in its independent judgment, hereby finds that:
1. The foregoing recitations are true and correct.
2. In determining whether the proposed Project has a significant impact on the environment, and in adopting these Findings pursuant to Public Resources Code section 21081, the City has based its decision on substantial evidence and has complied w ith Public Resources Code s ections 21081.5 and 21082.2 an d CEQA Guidelines section 15901(b). In addition, t he City has analyzed the potential for adverse secondary impacts that could result from the mitigation measures proposed as part of the Project purs uant to CEQA Guidelines section 15126.4(a)(1)(D), and finds that no additional significant adverse impacts would result from implementation of Project mitigation measures.
3. The Record of Proceedings upon which the City Council bases its decision includes, but is not limited to: (1) the Final EIR and the appendices and technical reports cited in and/or relied upon in preparing the Final EIR; (2) the staff reports, City files and records and other documents, prepared for and/or submitted to the City relating to the Final EIR and the Project itself; (3) the evidence, facts, findings and other determinations set forth herein; (4) the General Plan and the Escondido Municipal Code; (5) all 202
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designs, plans, studies, data and correspondence submitted to the City i n connection with the Final EIR and the Project itself; (6) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City during the comment period relating to the Final EIR and/or elsewhere during the course of the review of the Project itself; (7) the recommendations of the Planning Commission and City staff; and (8) all other matters of common knowledge to the City, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City and its surrounding areas.
4. The Final EIR was published on the City’s web site, made available for public review on December 8, 20 22, and response to comments were forwarded to public agencies and others that provided comments on the draft EIR . The Final EIR also has been made available to the City Council to enable ample opportunity for individual review in advance of the public hearing.
5. The Final EIR is adequate and provides good-faith disclosure of available information on the Project and all reasonable and feasible alternatives thereto.
6. The information provided in the various reports submitted in connection with the Project and in the responses to comments on the Draft EIR, the information added to the Final EIR, and the evidence presented in written and oral testimony at public hearings o n the Project, do not constitute significant new information that would require recirculation of the EIR pursuant to Public Resources Code section 21092.1 and CEQA Guidelines section 15088.5.
7. The findings of the Planning Commission, contained in Planni ng Commission Resolution No. 2022-14, on file with the Office of the City Clerk and incorporated herein by reference, are hereby adopted as the findings of the City Council.
8. The City has made no decisions that constitute an irretrievable commitment of resources toward the proposed Project prior to certification of the Final EIR, nor has the City previously committed to a definite course of action with respect to the proposed Project. 203
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9. The City Council finds and determines that the applicable provisio ns of CEQA and the State CEQA Guidelines have been duly observed in conjunction with said hearing and the considerations of this matter and all of the previous proceedings related thereto. The City Council finds and determines that (a) the Final EIR is complete and adequate in scope and has been completed in compliance with CEQA and the State CEQA Guidelines for implementation thereof ; (b) the Final EIR was presented to the City Council, and the City Council has fully reviewed and considered the informatio n in Final EIR prior to approving the Project; and (c) the Final EIR reflects the City Council' s independent judgment and analysis; and, therefore, the Final EIR is hereby declared to be certified in relation to the subject of this Resolution.
The Final EIR and CEQA Findings of Fact are attached hereto as Exhibit “ B” and Exhibit “C,” respectively, and are incorporated herein by reference as though fully set forth herein.
10. Pursuant to Public Resources Code section 21081.6 and CEQA Guideline s section 15091(d), the City Council hereby adopts and approves the MMRP with respect to the significant environmental effects identified in the Final EIR, and hereby makes and adopts the provisions of the MMRP as conditions of approval for the Project. The MMRP is attached hereto as Exhibit “ D,” which is incorporated herein by reference as through fully set forth herein.
11. This action is final on the date this Resolution is adopted by the City Council. Time limits for judicial review, as governed by Code of Civil Procedure section 1094.6, shall apply.
12. Pursuant to Public Resources Code section 21081.6(a)(2) and CEQA Guidelines section 15091(e), all documents and other materials which constitute the r ecord of proceedings are located at the City of Escondido, City Hall. The City Clerk, whose office is located at 201 North Broadway, Escondido CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council' s decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.
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EXHIBIT “A”
Legal Description
Resolution No. 2023-03
(North Iris Condominium Project)
Resolution No. 2023-03
Exhibit "A"
205
Item7.
Resolution No. 2023-03
Exhibit "A"
206
Item7.
Resolution No. 2023-03
Exhibit "A"
207
Item7.
Resolution No. 2023-03
Exhibit “B”
EXHIBIT “B”
Draft and Final Environmental Impact Report
Resolution No. 2023-03
(North Iris Condominium Project)
Due to the number of pages of Exhibit “B,” the following link has been provided to review the documents electronically on the City’s web site:
https://www.escondido.org/north-iris-condominiums
The Draft and Final Environmental Impact Report (“EIR”) files available at this link include the following:
The full text of the Draft EIR
All technical appendices included with the Draft EIR Final EIR
Final EIR Introduction, Errata, Comments and Response to Comments CEQA Findings
Mitigation Monitoring and Reporting Program
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Resolution No. 2023-03
Exhibit “C”
EXHIBIT “C”
CEQA Findings
Resolution No. 2023-03
(North Iris Condominium Project)
Due to the number of pages of Exhibit “ C,” the following link has been provided to review the CEQA Findings electronically on the City’s web site and located under CEQA Findings:
https://www.escondido.org/north-iris-condominiums
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MITIGATION MONITORING AND REPORTING PROGRAM
(MMRP)
North Iris Project (PHG20-0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 PL21-0128 and PHG20-0032). SCH No. 2021060702
INTRODUCTION AND SUMMARY
Pursuant to Section 21081.6 of the Public Resources Code and the California Environmental Quality Act (CEQA) Guidelines Section 15097, public agencies are required to adopt a monitoring or reporting program to assure that mitigation measures a nd revisions identified in Final Environmental Impact Report (FEIR) are implemented. As stated in Section 21081.6 of the Public Resources Code:
“… the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.”
Pursuant to Section 21081(a) of the Public Resources Code, findings must be adopted by the F5 makers coincidental to certification of the FEIR. The Mitigation Monitoring and Reporting Program (MMRP) must be adopted when making the findings (at the time of approval of the project).
As defined in the CEQA Guidelines, Section 15097, “reporting” is suited to projects that have readily measurable or quantitative measures or which already involve regular review. “Monitoring” is suited to projects with complex mitigation measures, such as wetland restoration or archaeological protection, which may exceed the expertise of the local agency to oversee, are expected to be implemented over a period of time or require careful implementation to assure compliance. Both reporting and monitoring would be applicable to the proposed project.
MITIGATION MATRIX
To sufficiently track and document the status of mitigation measures, a mitigation matrix has been prepared and includes the following components:
• Impact
• Mitigation Measure
• Action
• Timing
• Responsibility
The mitigation matrix is included in Table 0.4-1. Additionally, the project will be required to adhere to the project design and compliance measures listed in Table 0.4-2.
EXHIBIT D
Resolution No. 2023-03
Exhibit "D"
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Table 0.4-1. North Iris Residential Project Mitigation Monitoring and Reporting Program Impact Mitigation Measure Action Timing Responsibility
BIOLOGICAL RESOURCES
BIO-1 The Project has
the potential to impact
avian species protected
under the MBTA if tree
removal, vegetation
removal, or other
construction activities
occur during the nesting
season.
MM-BIO-1 Trimming, grubbing, and clearing of vegetation shall be avoided during the avian breeding season, which generally runs from February 15 to August 31 (as early as January 1 for some raptors) to the extent feasible. If
trimming, grubbing, or clearing of vegetation is proposed to occur during the general avian breeding season, a pre-
construction survey shall be conducted by a qualified
biologist no more than seven days prior to vegetation
clearing to determine if active bird nests are present in the affected areas. If there are no nesting birds (includes nest building or other breeding/nesting behavior) within this area, trimming, grubbing, and clearing of vegetation shall be allowed to proceed. If active bird nests are confirmed to be present during the pre-construction survey, a buffer zone will be established by the biologist. Construction activities shall avoid any active nests until a qualified biologist has verified that the young have fledged, or the nest has otherwise
become inactive.
If construction is
proposed during the
breeding season,
conduct a pre-
construction survey.
If nesting birds are
present, implement
buffer zone and
avoidance
measures.
If nesting birds are
not detected during
the preconstruction
survey, no further
mitigation is
required.
For construction
activities proposed
for the period of
February 15 through
August 31, conduct
survey within seven
days prior to the start
of construction
activities.
Applicant/Land
Owner, Project
Biologist,
Contractor
BIO-2 Direct impact to
0.1 acre of disturbed
wetland and 2.5 acres of
non-native grassland.
MM-BIO-2 Prior to impacts to any sensitive habitats
(disturbed wetland and non-native grassland), the applicant shall purchase off-site mitigation credits at a mitigation bank approved by the City. Mitigation ratios shall be consistent with regional standards (i.e., the Escondido Draft Subarea Plan): non-native grassland minimum 0.5:1 and disturbed wetland minimum 1:1. The disturbed wetland mitigation
shall consist of establishment/re-establishment mitigation to achieve regional no-net-loss standards for potential
wetlands. Proof of mitigation purchase shall be provided to the City prior to issuance of the grading permit. Prior to Provide proof of off-
site mitigation
credits at a city-
approved mitigation
bank submitted to
the City Director of
Development
Services
Prior to issuance of
grading permit.
Applicant/Land
Owner, Project
Biologist
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
impacts to any sensitive habitats (disturbed wetland and non-native grassland), the applicant shall purchase off-site mitigation credits at a mitigation bank approved by the City.
Mitigation ratios shall be consistent with regional standards (i.e., the Escondido Draft Subarea Plan): non-native
grassland minimum 0.5:1 and disturbed wetland minimum
1:1. The disturbed wetland mitigation shall consist of
establishment/re-establishment mitigation to achieve
regional no-net-loss standards for potential wetlands. Proof of mitigation purchase shall be provided to the City prior to issuance of the grading permit.
BIO-3 Direct impact to
a total of 0.05 acre (494
linear feet) of
USACE/RWQCB
jurisdiction (non-wetland
water of the US/ water of
the State) and to 0.12
acre of CDFW
jurisdictional areas
consisting of 0.10 acre of
disturbed wetland and
0.02 acre of streambed.
The 0.05 acre of
USACE/RWQCB occur
within the CDFW
jurisdictional limits.
MM-BIO-3 Prior to any project impacts to potentially
jurisdictional resources, demonstration that regulatory permits from USACE, RWQCB, and CDFW have been issued
or that no such permits are required shall be provided to the City. Permanent impacts to 0.05 acre of USACE/RWQCB
jurisdictional non-wetland waters of the United States/State,
0.10 acre of CDFW jurisdictional habitat, and 0.02 acre of CDFW jurisdictional streambed shall be mitigated at a
minimum 1:1 ratio through one or a combination of the
following off-site options, unless otherwise required by the USACE, RWQCB, and/or CDFW during the regulatory
permitting process:
• Purchase of establishment/re-establishment,
rehabilitation, enhancement, and/or preservation
credits from an off-site mitigation bank with a
service area that overlaps the project and that is
approved by the USACE, RWQCB, and CDFW, such
as the San Luis Rey Mitigation Bank, and Brook
Forest Conservation/Mitigation Bank; and/or
• Acquisition or use of other off-site mitigation lands in the region to include establishment/re-
establishment, rehabilitation, enhancement, and/or
Provide proof of
regulatory permits or
documentation that
permits are not
required. Provide
proof of purchase of
mitigation credits
and /or acquisition
or use of other off-
site mitigation lands
submitted to City
Director of
Development
Services.
Prior to issuance of
grading permit.
Applicant/Land
Owner, Project
Biologist,
Contractor
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
preservation of USACE, RWQCB, and CDFW
jurisdictional resources.
Mitigation for RWQCB-jurisdictional waters shall include a minimum 1:1 establishment/ reestablishment to ensure no- net-loss. Final mitigation requirements shall be determined during the permitting process in coordination with the
USACE, RWQCB, and CDFW, as appropriate.
BIO-4 Potential for
impacts to 11 protected
oak trees and 12 mature
oak trees both on- and
off-site.
MM-BIO-4 The project applicant shall replace impacted mature trees at a minimum 1:1 ratio, unless otherwise
determined by the City. The project applicant shall replace protected trees at a minimum 2:1 ratio, unless otherwise determined by the City. The number, size, and species of replacement trees shall be determined on a case-by-case basis by the City’s Director of Community Development. This condition can be satisfied on-site if the project’s landscape plans include the appropriate number of oak trees and other tree species.
Review/approve
landscape plans
Prior to certificate of
occupancy.
Applicant/Land
Owner, Project
Biologist, Director
of Community
Development
BIO-5 Removal of trees
on the project site has
the potential to result in
the spread of tree insect
pests and disease
leading to expediting the
loss of oaks, alders,
sycamore, and other
trees in California which
support a high biological
diversity including special
status species.
MM-BIO-5 The project applicant shall prepare an
infectious tree disease management plan for the project.
This plan should include a description of how the infectious tree disease management plan will be implemented. All
trees that would be removed by the project should be
inspected for contagious tree diseases including, but not limited to, thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and
goldspotted oak borer (Agrilus auroguttatus). To avoid the spread of infectious tree diseases, diseased trees should not be transported from the project site without first being treated using best available management practices relevant for each tree disease observed.
Review/approve
infectious tree
disease
management plan.
Implement
management and
avoidance
measures.
Prior to issuance of
grading permit.
Applicant/Land
Owner, Project
Biologist or
Arborist.
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
CULTURAL RESOURCES/TRIBAL CULTURAL RESOURCES
CR-1 Due to grading
and ground disturbing
activities, the Project has
the potential to impact
unidentified
archaeological resources
on the Project site.
MM-CR-1 Prior to the issuance of a grading permit, the Applicant shall enter into a Tribal Cultural Resource
Treatment and Monitoring Agreement (also known as a Pre- Excavation Agreement) with a tribe that is traditionally and culturally affiliated with the Project Location (“TCA Tribe”).
The purposes of the agreement are (1) to provide the
Applicant with clear expectations regarding tribal cultural resources, and (2) to formalize protocols and procedures between the Applicant/Owner and the TCA Tribe for the
protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or
discovered through a monitoring program in conjunction with the construction of the Project, including additional
archaeological surveys and/or studies, excavations,
geotechnical investigations, grading, and all other ground- disturbing activities. The agreement shall incorporate, at a minimum, the performance criteria and standards, protocols, and procedures set forth in mitigation measures MM-CR-2 through MM-CR-10, and the following information:
• Parties entering into the agreement and contact
information.
• Responsibilities of the Property Owner or their
representative, archaeological monitors, and tribal
monitors.
• Project grading and development scheduling,
including determination of authority to adjust in the
event of unexpected discovery, and terms of
compensation for the monitors, including overtime
and weekend rates, in addition to mileage
reimbursement.
Enter into Tribal
Cultural Resources
Treatment and
Repatriation
Agreement.
Prior to issuance of
Grading Permit
and/or during all
earth moving and
ground disturbing
activity.
Applicant/
Landowner, TCA
Tribe
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
• Requirements in the event of unanticipated
discoveries, which shall address grading and
grubbing requirements including controlled grading
and controlled vegetation removal in areas of
cultural sensitivity, analysis of identified cultural
materials, and on-site storage of cultural materials.
• Treatment of identified Native American cultural
materials.
• Treatment of Native American human remains and
associated grave goods.
• Confidentiality of cultural information including
location and data.
• Negotiation of disagreements should they arise.
• Regulations that apply to cultural resources that
have been identified or may be identified during
project construction.
MM-CR-2 Prior to issuance of a grading permit, the
Applicant shall provide written verification to the City that a qualified archaeologist and a Native American monitor
associated with a TCA Tribe have been retained to
implement the monitoring program. The archaeologist shall be responsible for coordinating with the Native American monitor. This verification shall be presented to the City in a letter from the Project archaeologist that confirms the selected Native American monitor is associated with a TCA Tribe. The City, prior to any pre-construction meeting, shall approve all persons involved in the monitoring program.
Provision of written
verification that
qualified
archaeologist and
Native American
monitor associated
with a TCA Tribe.
Prior to issuance of
Grading Permit.
Applicant/Land
Owner
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
MM-CR-3 The qualified archaeologist and a Native
American monitor shall attend all applicable pre-construction meetings with the General Contractor and/or associated
subcontractors to explain and coordinate the requirements of the monitoring program.
Attend pre-
construction
meetings
Prior to and during all
earth moving and
ground disturbing
activity.
Applicant/
Landowner,
Archaeologist,
Native American
Monitor.
MM-CR-4 During the initial grubbing, site grading,
excavation or disturbance of the ground surface (including both on- and off-site improvement areas), the qualified archaeologist and the Native American monitor shall be
present full-time. If the full-time monitoring reveals that the topsoil throughout the Project impact area (both on and off- site) has been previously removed during the development of the roads and buildings within the Project area, then a decrease of monitoring to part-time monitoring or the
termination of monitoring can be implemented, as deemed appropriate by the qualified archaeologist in consultation with the Native American monitor. The frequency of
subsequent monitoring shall depend on the rate of
excavation, the materials excavated, and any discoveries of tribal cultural resources as defined in California Public Resources Code Section 21074. The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring considering these factors. Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits (i.e., soil conditions are comprised solely of fill or granitic bedrock).
Full-time Monitoring
and determination of
duration and
frequency of
subsequent
monitoring.
During the initial
grubbing, site
grading, excavation
or disturbance of the
ground surface
(including both on-
and off-site
improvement areas)
Archaeologist,
Native American
Monitor
MM-CR-5 In the event that previously unidentified tribal cultural resources are discovered, all work must halt within a 100-foot radius of the discovery. The qualified archaeologist and the Native American monitor shall evaluate the
significance of the find and shall have the authority to modify the no-work radius as appropriate, using professional
judgment. The qualified archaeologist and Native American If potential tribal
cultural resources
are found, halt
ground disturbance
and follow
During all earth
moving and ground
disturbing activity.
Archaeologist,
Native American
Monitor
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
Monitor shall consider the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c) in
determining the significance of a discovered resource. If the professional archaeologist and Native American monitor
determine that the find does not represent a culturally significant resource, work may resume immediately, and no agency notifications are required. Isolates and clearly non- significant deposits shall be documented in the field and collected and monitored grading can immediately proceed.
All unearthed archaeological resources or tribal cultural resources shall be collected, temporarily stored in a secure location, and repatriated for later reburial on the project site, pursuant to the terms of the Pre-Excavation Agreement.
procedures listed for
discovery.
MM-CR-6 If the qualified archaeologist and Native
American monitor determine that the find does represent a potentially significant tribal cultural resource, considering the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines
sections 15064 and 15064.5(c), the archaeologist shall
immediately notify the City of said discovery. The qualified archaeologist, in consultation with the City, the consulting TCA Tribe(s), and the Native American monitor, shall
determine the significance of the discovered resource. A recommendation for the tribal cultural resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the TCA Tribe(s) and be submitted to the City for review and approval. If the find is determined to be a Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) though (c),
appropriate treatment measures will be implemented. Work may not resume within the no-work radius until the City, through consultation as set forth herein, determines either that: 1) the discovery does not constitute a Tribal Cultural Resource under CEQA, as defined in California Public
Resources Code Section 21074(a) through (c); or 2) the
If potential tribal
cultural resource is
determined to be
significant, notify the
City and follow
agreed upon
treatment and
disposition
measures.
During all earth
moving and ground
disturbing activity.
Archaeologist,
Native American
Monitor, City
Director of
Development
Services
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
approved treatment and disposition measures have been
completed.
MM-CR-7 All sacred sites, significant tribal cultural resources, and unique archaeological resources
encountered within the Project area shall be avoided and preserved as the preferred mitigation. The avoidance and preservation of the significant tribal cultural resource or unique archaeological resource must first be considered and evaluated in consultation with the TCA Tribe(s) as required by CEQA and in compliance with all relevant mitigation
measures for the Project. If any significant tribal cultural resource or unique archaeological resource has been
discovered and such avoidance or preservation measure has been deemed to be infeasible by the City’s Director of
Community Development (after a recommendation is
provided by the qualified archaeologist, in consultation with the TCA Tribe(s), making a determination of infeasibility that takes into account the factors listed in California Public Resources Code sections 21061.1, 21081(a)(3), and CEQA
Guidelines section 15091, and in accordance with all
relevant mitigation measures for the Project), then culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a research design and data recovery program to mitigate impacts shall be prepared by the qualified archaeologist (using professional
archaeological methods), in consultation with the TCA Tribe and the Native American monitor, and shall be subject to approval by the City. No artifact sampling for analysis is allowed, unless requested and approved by the consulting TCA Tribe(s). Before construction activities are allowed to resume in the affected area, the research design and data recovery program activities must be concluded to the
satisfaction of the City.
If sacred sites,
significant tribal
cultural resources,
and unique
archaeological
resources are found,
halt ground
disturbance and
follow procedures
listed for discovery
including avoidance,
treatment and
disposition.
During all earth
moving and ground
disturbing activity.
Archaeologist,
Native American
Monitor, City
Director of
Development
Services
Resolution No. 2023-03
Exhibit "D"
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MM-CR-9 If the qualified archaeologist elects to collect any tribal cultural resources, the Native American monitor must be present during any cataloging of those resources.
Moreover, if the qualified archaeologist does not collect the cultural resources that are unearthed during the ground- disturbing activities, the Native American monitor may, at their discretion, collect said resources for later reburial on the Project site or storage at a local curation facility. Any tribal cultural resources collected by the qualified
archaeologist shall be repatriated to the TCA Tribe for reburial on the Project site. Should the TCA Tribe(s) decline the collection, the collection shall be curated at the San Diego Archaeological Center. All other resources determined by the qualified archaeologist, in consultation with the Native American monitor, to not be tribal cultural resources, shall be curated at the San Diego Archaeological Center.
Follow procedures
for collection of tribal
cultural resources.
During all earth
moving and ground
disturbing activity.
Archaeologist,
Native American
Monitor
MM-CR-10 Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, that describes the results, analysis, and conclusions of the archaeological monitoring program and any data recovery program on the Project site, shall be submitted by the
qualified archaeologist to the City. The Native American monitor shall be responsible for providing any notes or comments to the qualified archaeologist in a timely manner to be submitted with the report. The report will include California Department of Parks and Recreation Primary and Archaeological Site Forms for any newly discovered
resources. A copy of the final report will be submitted to the South Coastal Information Center after approval by the City.
Preparation of a
monitoring report
and/or evaluation
report if necessary.
Prior to release of
Grading Bond.
Archaeologist,
Native American
Monitor
CR-2 There is a
potential for Project
construction activities to
disturb previously
unidentified human
MM-CR-8 As specified by California Health and Safety Code section 7050.5, if human remains are found on the Project site during construction or during archaeological work, the person responsible for the excavation, or his or her
authorized representative, shall immediately notify the San Diego County Coroner’s office. Determination of whether the If human remains
are found, halt
ground disturbance
and follow
During all earth
moving and ground
disturbing activity.
Archaeologist
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
remains on the Project
site.
remains are human shall be conducted on site and in situ where they were discovered by a forensic anthropologist, unless the forensic anthropologist and the Native American monitor agree to remove the remains to a temporary off-site location for examination. No further excavation or
disturbance of the site or any nearby area reasonably
suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition. A temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the project (California Public Resources Code § 5097.98) for proper treatment and disposition in
accordance with California Public Resources Code section 5097.98. The designated MLD will have 48 hours from the time access to the property is granted to make
recommendations concerning treatment of the remains. If the City does not agree with the recommendations of the MLD, the NAHC can mediate (California Public Resources
Code § 5097.94). If no agreement is reached, the remains shall be kept in situ, or reburied in a secure location in close proximity to where they were found and where they will not be further disturbed (California Public Resources Code § 5097.98). Work may not resume within the no work radius until the lead agency, through consultation as appropriate, determines that the treatment measures have been
completed to their satisfaction. The analysis of the remains shall only occur on site in the presence of the MLD, unless the forensic anthropologist and the MLD agree to remove the remains to an off-site location for examination.
procedures listed for
discovery.
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
GEOLOGY AND SOILS
GEO-1 The Project has
the potential to disturb
previously unknown
paleontological resources
during Project grading.
MM-GEO-1 Prior to project grading the project applicant shall retain a qualified paleontologist to review the proposed project area to determine the potential for paleontological resources to be encountered. If there is a potential for paleontological resources to occur, the paleontologist shall identify the area(s) where these resources are expected to be present, and a qualified paleontological monitor shall be retained to monitor the initial cut in any areas that have the potential to contain paleontological resources.
Site review and if
potential for
paleontological
resources is
identified,
monitoring of initial
cut in any areas that
have the potential
for resources.
construction
activities and filing
of mitigation report.
Prior to grading and if
applicable during
initial cut.
Paleontologist
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 Improper
removal of asbestos-
containing materials and
lead-based paint during
demolition could expose
construction workers to a
hazardous release of
asbestos or lead.
MM HAZ-1a Prior to demolition activities on the project site, the Applicant shall submit verification to the City of Escondido Building Department that an asbestos survey has been conducted on any buildings that are to be demolished or removed from the project site. If asbestos is found, the Applicant shall follow all procedural requirements and
regulations of to properly abate and dispose of all on-site asbestos-containing materials before general demolition activities commence.
MM HAZ-1b Prior to demolition activities on the project site, the Applicant shall submit verification to the City of Escondido Building Department that a lead-based paint
survey has been conducted at all existing buildings located on the project site. If lead-based paint is found, the applicant shall follow all OSHA procedural requirements and
regulations for its proper removal and disposal before
general demolition activities commence.
Submit verification
that asbestos and
lead-based paint
surveys have been
conducted. If found,
follow all procedural
requirements for
abatement, removal
and disposal.
Prior to demolition
activities.
Applicant/
Landowner/
Contractor
Resolution No. 2023-03
Exhibit "D"
221
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Impact Mitigation Measure Action Timing Responsibility
HAZ-2 Undocumented
fill material located at
2039 North Iris Lane may
contain contaminated
materials.
MM HAZ-2 Prior to construction activities on the project site, the Applicant shall submit verification that the
undocumented fill material placed in front of 2039 North Iris Lane has been removed or evaluated for the potential for contaminants. If contaminated, the soil must be removed and disposed of according to local and state regulations. If contaminated soil is identified, the applicant shall follow all procedural and regulatory requirements for its proper
removal and disposal before general construction activities commence.
Submit verification
that the
undocumented fill
has been removed
or evaluated for
contaminants. If
contaminated, follow
local and state
regulations for
removal and
disposal.
Prior to construction Applicant/
Landowner/
Contractor
NOISE
N-1 If rock drill
staging occurs within
160 feet of any occupied
noise sensitive land
uses, sound levels could
exceed 75 dBA at
property lines.
MM-N-1 If rock drill staging occurs within 160 feet of any occupied noise sensitive land uses, sound levels could
exceed 75 dBA at property lines. A noise mitigation plan based upon the location of the construction equipment,
topography and construction schedule shall be prepared by an acoustical consultant. The noise mitigation plan shall identify measures to reduce sound levels to below 75 dBA.
Such measures could include a temporary noise barrier
along any property line where the impacts could occur. The proposed noise barrier shall be of solid non-gapping material to adequately reduce construction noise levels below the noise threshold of 75 dBA at the property lines. The noise mitigation plan shall determine the final height and location of a temporary barrier if one is necessary. The mitigation plan may also identify location and timing restrictions on drilling equipment usage. The mitigation plan shall be
submitted to the City for review and approval prior to
initiation of rock drill staging activities within 160 feet of any occupied noise sensitive land use.
Preparation of noise
mitigation plan and
implementation of
identified measures
including
construction of
temporary noise
barriers.
Prior to
commencement of
rock drilling
activities.
Applicant/
Landowner,
Acoustical
Engineer, City
(Planning Division
Manager)
Resolution No. 2023-03
Exhibit "D"
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Impact Mitigation Measure Action Timing Responsibility
TRANSPORTATION
TR-1 The project’s per
capita VMT exceeds the
significance threshold of
15% below regional
average.
MM-TR-1a The project shall implement CAPCOA reduction measure T-1 (Increase Residential Density).
MM-TR-1b The project applicant shall pay the City of Escondido $67,500 for pedestrian improvements at the
following five intersections to reduce VMT impacts:
• Intersection of Centre City Pkwy at Iris Lane (Install high visibility crosswalks on each leg (4 crosswalks)
and install pedestrian countdown timers on each
corner (4 countdown timers)).
• Intersection of El Norte at South Iris Lane (Install
high visibility crosswalks on each leg (4 crosswalks)
and install pedestrian countdown timers on each
corner (4 countdown timers)).
• Intersection of Broadway at Vista Ave (Install high
visibility crosswalks on each leg (4 crosswalks) and
install pedestrian countdown timers on each corner
(4 countdown timers)).
• Intersection of El Norte Parkway at Mountain View
(Install pedestrian countdown timers on each corner
(4 countdown timers)).
• Intersection of Country Club Lane at Broadway
(Install high visibility crosswalk (3 crosswalks)).
Implement CAPCOA
reduction measure
and make payment
for pedestrian
improvements.
Fee payment shall be
made prior to
submittal of grading
plans.
Applicant/Land
Owner
Resolution No. 2023-03
Exhibit "D"
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Resolution No. 2023-03
Exhibit "D"
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ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING A PREZONE TO
PLANNED DEVELOPMENT -RESIDENTIAL AND M ASTER
AND PRECISE DEVELOPMENT PLAN FOR A 102-UNIT
CONDOMINIUM DEVELOPMENT
The City Council of the City of Escondido (“City”), California, DOES HEREBY ORDAIN as follows:
SECTION 1. The City Council makes the following findings:
a) Hallmark Communities, Inc., (“Applicant”) filed a land use development application (Planning Case Nos. PHG20 -0032, PL20 -0738, PL20 -0739, PL21 -0126, PL21 -0127 and PL21 -0128) constituting a request for an Annexation/Reorganization, Prezone to Planned Develop ment-Residential (PD-R 14.6), General Plan Amendment from Suburban (S) to Urban III (U3), one-lot Tentative Subdivision Map, and a Planned Development Permit (Master and Precise Development Plan) for the development of 102 condominium units ("Project") on a 7.7 gross acre (6.98 net acre) site located at 2039, 2047, 2085 and 2089 N. Iris Lane (APNs 224 -310-05-00, 224-310-06-00, 224-310-07-00, 224-310-08-00 and 224-310-20- 00), as more particularly described in Exhibit “A ,” which is attached hereto and made a part hereof as though fully set forth herein (“Property”); and
b) The Application was submitted to, and processed by, the Planning Division of the Development Services Department . The Applicant seeks approval of a Prezone designation of Planned Development-Residential (PD-R 14.6) on 7.7 acres , as shown on Exhibit “ B,” along with a Master and Precise Development Plan to construct a 102-unit condominium project, as shown on Exhibits “C” (Master Development Plan), and on file in the Planning Division, and incorporated herein as though fully set forth. c) The Planning Division of the Development Services Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for December 13, 2022. Following the public hearing, the Planning Commission adopted Resolution No. 2022-14, which 225
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recommended that the City Council , among other things, assign a prezone designation of Planned Development-Residential (PD-R 14.6) and approve a Master and Precise Development Plan for the Project.
SECTION 2. The City Clerk, whose office is located at 201 North Broadway, Escondido, California 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.
SECTION 3. The City Council did on January 11, 2023, hold a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the Cit y Council, including, without limitation:
a) Written information including all application materials and other written and graphical information posted on the project website.
b) Oral testimony from City staff, interested parties, and the public. c) The City Council staff report, dated January 11, 2023, which along with its attachments, is incorporated herein by this reference as though fully set forth herein. d) The recommendations of the Planning Commission and City staff. d) Additional information submitted during the public hearing.
SECTION 4. The City Council reviewed and certified the Final Environmental Impact Report prepared for the Projectin conformance with CEQA , including findings associated therewith, through adoption of City Council Resolution No. 2023-03.
SECTION 5. That, upon consideration of the Findings of Fact /Factors to be Considered , attached as Exhibit “D” and incorporated herein as though fully set forth herein, the City Council approves the Prezone and the Master and Precise Development Plan, subject to the Conditions of Approval attached as Exhibit “E” and incorporated herein as though fully set forth herein. 226
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SECTION 6. Concurrently with the action on this Ordinance, the City Council is taking a number of actions in furtherance of the Project, as generally described in the January 13, 202 3, City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective in the manner provided by state law. Therefore, this Ordinance shall become effective and operative only if City Council Resolution No. 2023-03 is adopted prior to adoption of this Ordinance, and Resolution No. 2023-04 .
SECTION 7. All references within this Ordinance to "Applicant" or "Developer," shall be equally applicable to the current property owner and to any successors -in-interest or assigns, whether such successors of assigns own, control, or otherwise have development authority for all, a portion, or portions of that property included within the Project site.
SECTION 8. SEPARABILITY. 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 de emed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.
SECTION 9. That as of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 10. The City Council authorizes all subsequent action to be taken by City Officials consistent with this Ordinance.
SECTION 11. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido.
SECTION 12. The Ordinance shall become effective 30 days from the date of the passage. 227
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EXHIBIT “A”
Legal Description
Ordinance No. 2023-03
(North Iris Condominium Project)
Ordinance No. 2023-03
Exhibit "A"
228
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Ordinance No. 2023-03
Exhibit "A"
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Ordinance No. 2023-03
Exhibit "A"
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EXHIBIT “B”
Prezone Designation
Ordinance No. 2023-03
(North Iris Condominium Project)
Prezone to Planned Development-Residential 14.6 (PZ PD-R 14.6) APNs 224-310-05-00, 224-310-06-00, 224-310-07-00, 224-310-08-00 and 224-310-20-00.
Prezone to PD-R 14.6
(PZ PD-R 14.6)
Ordninance No. 2023-03
Exhibit "B"
231
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EXHIBIT “C”
Plans
Ordinance No. 2023-03 (North Iris Condominium Project)
Ordinance No. 2023-03
Exhibit "C"
232
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Exhibit "C"
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Ordinance No. 2023-03
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EXHIBIT “D”
FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Ordinance No. 2023-03
PLANNING CASE NUMBERS: PHG20-0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21-0128
Prezone Determinations:
1. The proposed Prezone to Planned Development -Residential (PD-R 14.6) would not be detrimental to the public health, safety, or welfare of the City because the development standards and building requirements allowed under the Prezone would be subject to all local and State regulations including, but not limited to, Air Pollution Control District regulations, Engineering Services Division regulations, Health Department regulations, Zoning Code standards, Fire Department standards, and Building Division regulations. The proposal would be consistent with the established rules of the proposed zoning districts and as permitted pursuant to Article 19 (Planned Development) of the Escondido Zoning Code. The Project site has been thoroughly analyzed for applicable env ironmental impacts related to this proposed development (Environmental Impact Report, State Clearinghouse #2021060702), and as appropriate, the Final EIR recommends measures to mitigate potential impacts.
2. The property involved is suitable for the uses permitted by the proposed zone. The proposed Prezone would establish a zoning designation of PD -R-14.6 (Planned Development -Residential; maximum
14.6 dwelling units per acre). Upon annexation to the City of Escondido, the Project site would be zoned PD-R 14.6. A General Plan Amendment to change the land use designation of the subject parcels from Suburban (S) to Urban III (U3) is also proposed as part of this Project to maintain consistency with the Prezone request. The change of zone also is proposed in conjunction with a Tentative Subdivision Map and Master and Precise Development Plan that would allow the construction of 102 air-space condominium units.
3. The uses proposed for the subject property would not be detrimental to surrounding properties. A ll public services and utilities to serve the Project would remain as identified in the General Plan or applicable Municipal and Zoning Codes. Development in the vicinity of the project site is characterized by a mix of single -family residences on a varie ty of lot sizes, planned residential development and a residential/independent care facility. The Project has been designed to limit extensive grading and slopes. Street frontage improvements and off-site improvements, as required by the EIR, would benef it non-residents of the project as much as the residents, including payment of fees for pedestrian improvements at five intersections (Centre City Parkway/Iris Lane, El Norte Parkway/South Iris Lane, North Broadway/Vista Avenue, El Norte Parkway/Morning View Drive, and Country Club Lane/North Broadway). The open space system provides landscaping for aesthetics and screening. Proposed development standards and building designs provide a clear design concept and are compatible with the character of building s on adjoining and nearby properties, as detailed in the staff report dated January 11, 2022.
Ordinance No. 2023-03
Exhibit "D"
269
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4. The site’s proposed zoning classification of Planned Development-Residential (PD-R-14.6) would not be consistent with the existing General Plan designation o f Suburban (S), that allows a maximum density of 3.3 dwelling units per acre, but is consistent with the underlying County land -use designation of Village Residential (VR -24), that allows a maximum density of 24 dwelling units per acre. In conjunction wit h the proposed Prezone to PD -R-14.6, the Project proposes to amend the land use designation of the site to Urban III (U3) which the ultimate City zoning designation of PD-R
14.6 would be consistent with. The U3 designation is intended for multi -family pro jects with a maximum density of 18 dwelling units per acre.
5. The proposed Prezone would not establish a residential density below 70 percent of the maximum permitted density of any lot or parcel of land zoned for R -3 type development. The Project would establish a zoning designation of PD-R-14.6, which would allow a maximum density of 14.6 dwelling units per acre. A density of 14.6 dwelling units per acre would be within the required 70 percent (12.6 minimum dwelling units per acre) of the maximum allo wed 18 dwelling unit per acre of the Urban III land-use designation.
6. The project site is not located within an existing or proposed specific plan area, so the relationship of the proposed changes is not applicable to any specific plans.
Master and Precise Development Plan Determinations:
1. The location, design, and residential density of the proposed Planned Development is consistent with the goals and policies of the Escondido General Plan and any applicable specific plan or with any policies adopted by, or being considered by the Escondido City Council, or in the process of being prepared and adopted. The proposed Master and Precise Development Plan would create 102 air- space condominium units on 6.98 net acres for a density of 14.6 dwelling units per acre. This would be in conformance with the densities allowed by the land -use designation and zoning classification proposed under the concurrent General Plan Amendment to Urban III and Prezone to PD -R-14.6.
The project site is not covered under any existing or proposed specific plans.
2. The proposed location allows the Planned Development to be well integrated with its surroundings.
The project site is adjacent to a variety of residential development and densities, including sin gle- family residential, planned residential developments that utilize small single-family lots with attached homes and common space areas, and a multi -story residential/independent living care facility .
Proposed development standards are largely consisten t with those assigned to the City’s R -3 (Medium Multiple Residential) zone. The design of the proposed structures would incorporate a range of building materials and a subdued color palate that would be compatible with existing development in the area. Landscaping has been proposed for aesthetic purposes and to buffer the development from surrounding roads and development.
3. All vehicular traffic generated by the Planned Development will be accommodated safely and without causing undue congestion upon adjoining streets. A traffic impact analysis was prepared for the project and mitigation measures have been proposed in the EI R to reduce potential impacts to less than significant level.
4. The proposed location and design allow residents within the zone to be adequately serviced by existing or proposed public facilities and services and does not provide an undue or negative impact Ordinance No. 2023-03
Exhibit "D"
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on existing public facilities and services. All utilities intended for the site are already in place or can be extended to serve the site. Police and Fire services are available and sufficient for the development.
5. The overall design of the proposed Planned Development produces an attractive, efficient and stable environment. The proposed residences include two- and three-story units that incorporate a subdued color palette and a mixture of exterior finishes to be compatible with the surrounding built environment and mix of development types. A conceptual landscape plan has been provided that includes a mix of common and private open space areas and amenities, along with attractive and regionally appropriate plantings for recreation areas, bioretention basins, and street trees.
6. The Planned Development is well integrated with its settings, does not require excessive earthmoving or grading, or destruction of desirable natural features, nor is visually obstructive or disharmonious with surrounding areas and facilities, and does not substantially harm major views from adjacent properties. While grading will be necessary to construct the project , the development has been designed to coordinate with the existing topography of the site, and the Project’s effects on views from surrounding streets and residences has been analyzed within the Project EIR.
7. The uses proposed would have a beneficial effect not obtainable under existing zoning regulations, and any departure from existing ordinance req uirements shall be warranted by the design and the amenities incorporated in the Planned Development in accord with adopted city policy. The Project site requires a General Plan Amendment and zoning designation to accomplish the Project objectives to provide 102 condominium units. The proposed Planned Development zoning designation would help the City increase its supply of for-sale housing. California law requires each city and county to develop local programs within their housing element in order to meet their “fair share” of existing and future housing needs for all income groups, as determined by the California Department of Housing and Community Development. The Regional Housing Needs Allocation (RHNA) is a State mandated process devised to distribute planning responsibility for housing need throughout California. As more cities and counties consider loosening zoning restrictions to allow for more housing, the proposed project provides an opportunity to focus on the moderate density opportunities and a chieve the development potential of available land resources to support housing development in the City of Escondido.
Ordinance No. 2023-03
Exhibit "D"
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EXHIBIT “E”
CONDITIONS OF APPROVAL
Planning Case Numbers: PHG20-0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21-0128 This Project is conditionally approved as set forth on the application received by the City of Escondido on August 6, 2020, and the P roject drawings consisting of Civil Plans/Grading, Sections, Site Plans, Floor Plans, Architectural Elevations, Landscape P lans and Colored Elevations; all designated as approved on January 11, 2023 , and shall not be altered without express authorization by the Development Services Department.
For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, or its successor(s) in interest, as may be applicable.
A. General:
1. Acceptance of Permit. Should the Applicant fail to file a timely and valid appeal of this Permit 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 C ode or Zoning Code applicable to such Permit.
2. Permit Expiration. If the Permit was filed as or concurrent with a Tentative Map, the Permit shall expire 36 months from the effective date of City Council approval of the Tentative Map, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code.
3. Certification. The Director of Development Services, 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 entirety, as 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/or use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.
Ordinance No. 2023-03
Exhibit "E"
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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 Development Services to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. This includes modifications to any Grading Exemptions for the slopes up to an additional one foot in height, and modifications to retaining wall heights.
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.
a. Prior to Final Map recordation , 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 shall 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.
Ordinance No. 2023-03
Exhibit "E"
273
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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 permits 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 activit ies covered by this Permit is 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 schedule 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. Community Facility District or Funding Mechanism. In accordance with the General Plan, the Developer shall fund all on -going operational costs of providing municipal services required for the Project, the amount of s uch funding shall be in accordance with City Ordinance 2020 -10, unless another amount is approved by the City Council at the time of Project approval. Such funding shall occur through either an agreement to form or annex into Services CFD 2020 -1 or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Projects that elect to annex into the Services CFD shall submit consent forms prior to the first permit issuance if they have not done so already. The provisions of the Public Services Funding Agreement shall specify any terms and limitations necessary to implement the CFD or other funding mechanism to offset the impacts to public services associated with the project. The City Manager, or City Manager’s designee, shall be authorized to approve and execute the Public Services Funding Agreement, and the Public Services Funding Agreement shall be finalized prior to the City’s issuance of any permit for the Project.
12. Public Art Partnership Pro gram. 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. State Law (SB 1535), effective January 1, 2007, requires certain projects to pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resources and/or sensitive habit at, in accordance Ordinance No. 2023-03
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with State law, or if the Project was analyzed through a negative declaration or environmental impact report, the Applicant shall remit to the City of Escondido Planning Division, within two (2) working days of the effective date of the a doption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County no tification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid.
The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increases after the date of this approval, the Applicant shall be responsible for the increase.
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, and 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 Escondi do shall have the right to deny or withhold subsequent permit approvals or per mit 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 c ompel compliance with said conditions or seek damages for their violation. The applicant/developer 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 an y 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 Ordinance No. 2023-03
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consequential damages and attorney’s fees and other related litiga tion 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, consultants, 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 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 Project app rovals. 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 Ci ty 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 Applicant 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 e xtent 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 Ordinance No. 2023-03
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provide documentation or information for the City to consider in making its determinations.
Nothing within this subsection shall be constru ed 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 the 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 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 and 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 improvemen ts prior to Final Map recordation , grading permit issuance, building permit issuance, or certificate of occupancy as required. This review 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, maint enance, and operation of the authorized activity.
3. Utilities. All new utilities and utility runs shall be underground, or fee payment in-lieu 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, unless modified by this Project Planned Development.
Separate sign permits will be required for Project signage. All non -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).
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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.
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. Appropriate trash enclosure(s) or other approved trash system shall be approved by the Plann ing and Engineering Services Division. The property owner or management company shall be responsible for ensuring 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 Buildin g 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 fo r all residential and non -residential construction projects, 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, demonstrating compliance with the California Green Building Standards Code sections cited above.
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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 gra nted 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 co nstruction equipment. Before an exemption may be granted, the Applicant’s 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 w ere 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 standard 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.
16. Phasing. A phasing plan shall be submitted for all projects which include more than one building.
The phasing plan shall identify the order in which all on - and off -site improvements will be installed, including triggers for improvements resulting from m itigation measures placed on the project through the environmental review process or required for General Plan conformance. The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.
C. Parking and Loading/Unloading.
1. As shown on the plans, an enclosed two-car garage shall be provided for each condominium unit.
A minimum of 25 open guest spaces also shall be provided. The garages shall be maintained to provide parking for two cars and storage or other use of the garage space shall not impede the use of the garages for parking of vehicles.
2. 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 owners’ association assumes all responsibility for maintaining all on-site landscaping; storm water facilities, 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.
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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 planting and planter areas, including areas within the publi c 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 de termined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.
4. The landscaped areas shall be free of all foreign matter, weeds and plant mat erial 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 ir rigation plan shall be submitted to the Engineering Services 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 of the grading plan. The initial submittal of the landscape plans shall inclu de 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 required 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 upon completion. He/she shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the app roved 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 mate rials or finishes, and shall be indicated on the landscaping plans. (Building permits may also Ordinance No. 2023-03
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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 Development Services.
E. Specific Planning Division Conditions:
1. The Project shall be managed by a professional management company. A self-managed Home Owners Association (“HOA”) shall not be allowed. This prohibition against a self-managed HOA must be reflected in the Project Covenants, Conditions, and Restrictions (“CC&Rs”).
2. The storm water basin and any fencing associated with the basin shall be maintained by the Project HOA. The basin and landscaping shall be design to be a visual amenity for the Project with an appropriate mix of shrubs, ground cover and grasses. If fencing is provide to restrict access to the basin, the fencing shall be an open decorative design (e.g., t ubular steel, split rail or other type of decorative fencing). The height of any fencing associated with the basin shall not exceed 42 inches and shall not limit sight distance at the intersection.
F. Mitigation Measures:
MM-BIO-1. Trimming, grubbing, and clearing of vegetation shall be avoided during the avian breeding season, which generally runs from February 15 to August 31 (as early as January 1 for some raptors) to the extent feasible. If trimming, grubbing, or clearing of vegetation is proposed to occur during the general avian breeding season, a pre -construction survey shall be conducted by a qualified biologist no more than seven days prior to vegetation clearing to determine if active bird nests are present in the affected areas. If there are no nesting birds (includes nest building or other breeding/nesting behavior) within this area, trimming, grubbing, and clearing of vegetation shall be allowed to proceed. If active bird nests are confirmed to be present during the pre -construction survey, a buf fer zone will be established by the biologist. Construction activities shall avoid any active nests until a qualified biologist has verified that the young have fledged, or the nest has otherwise become inactive.
MM-BIO-2. Prior to impacts to any sensitive habitats (disturbed wetland and non-native grassland), the applicant shall purchase off-site mitigation credits at a mitigation bank approved by the City. Mitigation ratios shall be consistent with regional standards (i.e., the Escondido Draft Subarea Pl an): non-native grassland minimum 0.5:1 and disturbed wetland minimum 1:1. The disturbed wetland mitigation shall consist of establishment/re -establishment mitigation to achieve regional no -net-loss standards for potential wetlands. Proof of mitigation pur chase shall be provided to the City prior to issuance of the grading permit.
MM-BIO-3. Prior to any project impacts to potentially jurisdictional resources, demonstration that regulatory permits from USACE, RWQCB, and CDFW have been issued or that no such permits are required shall be provided to the City. Permanent impacts to 0.05 acre of USACE/RWQCB jurisdictional non-wetland waters of the United States/State, 0.10 acre of CDFW jurisdictional habitat, and 0.02 acre of CDFW jurisdictional streambed shall be mitigated at a minimum 1:1 ratio through one or a combination of the following off-site options, unless otherwise required by the USACE, RWQCB, and/or CDFW during the regulatory permitting process:
• Purchase of establishment/re -establishment, rehabilitation, enhancement, and/or preservation credits from an off -site mitigation bank with a service area that overlaps the project and that is approved by the USACE, RWQCB, and CDFW, such as the San Luis Rey Mitigation Bank, and Brook Forest Conservation/Mitigation Bank; and/or
• Acquisition or use of other off -site mitigation lands in the region to include establishment/re - establishment, rehabilitation, enhancement, and/or preservation of USACE, RWQCB, and CDFW jurisdictional resources.
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Mitigation for RWQCB-jurisdictional waters shall include a minimum 1:1 establishment/ reestablishment to ensure no-net-loss. Final mitigation requirements shall be determined during the permitting process in coordination with the USACE, RWQCB, and CDFW, as appropriate.
MM-BIO-4. The project applicant shall replace impacted mature trees at a minimum 1:1 ratio, unless otherwise determined by the City. The project applicant shall replace protected trees at a minimum 2:1 ratio, unless otherwise determined by the City. The number, size, and species of replacement trees shall be determined on a case-by-case basis by the City’s Director of Community Development. This condition can be satisfied on-site if the project’s landscape plans include the appropriate number of oak trees and other tree species.
MM-BIO-5. The project applicant shall prepare an infectious tree disease management plan for the project. This plan should include a description of how the infectious tree disease management plan will be implemented. All trees that would be removed by the project should be inspected for contagious tree diseases including, but not limited to, thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrilus auroguttatus). To avoid the spread of infectious tree diseases, diseased trees should not be transported from the project site without first being treated using best available management practices relevant for each tree disease observed.
MM-CR-1. Prior to the issuance of a grading permit, the Applicant shall enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a Pre -Excavation Agreement) with a tribe that is traditionally and culturally affiliated with the Project Location (“TCA Tribe”). The purposes of the agreement are (1) to provide the Applicant with clear expectations regarding tribal cultural resources, and (2) to formalize protocols and procedures between the Applicant/Owner and the TCA Tribe for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with t he construction of the Project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, grading, and all other ground-disturbing activities. The agreement shall incorporate, at a minimum, the performance criter ia and standards, protocols, and procedures set forth in mitigation measures MM-CR-2 through MM-CR-10, and the following information:
• Parties entering into the agreement and contact information. • Responsibilities of the Property Owner or their representative, archaeological monitors, and tribal monitors.
• Project grading and development scheduling, including determination of authority to adjust in the event of unexpected discovery, and terms of compensation for the monitors, including overtime and weekend rates, in addition to mileage reimbursement. • Requirements in the event of unanticipated discoveries, which shall address grading and grubbing requirements including controlled grading and controlled vegetation removal in areas of cultural sensitivity, analysis of identified cultural materials, and on-site storage of cultural materials. • Treatment of identified Native American cultural materials. • Treatment of Native American human remains and associated grave goods. • Confidentiality of cultural information including location and data. • Negotiation of disagreements should they arise.
• Regulations that apply to cultural resources that have been identified or may be identified during project construction.
MM-CR-2. Prior to issuance of a grading permit, the Applicant shall provide written verification to the City that a qualified archaeologist and a Native American monitor associated with a TCA Tribe have been retained to implement the monitoring program. The archaeologist shall be responsible for coordinating with the Native American monitor. This verification shall be presented to the City in a letter from the Project archaeologist that confirms the selected Native American monitor is associated with a TCA Tribe.
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The City, prior to any pre -construction meeting, shall approve all persons involved in the monitoring program.
MM-CR-3. The qualified archaeologist and a Native American monitor shall attend all applicable pre - construction meetings with the General Contractor and/or associated subcontractors to explain and coordinate the requirements of the monitoring program.
MM-CR-4. During the initial grubbing, site grading, excavation or disturbance of the ground surface (including both on- and off-site improvement areas), the qualified archaeologist and the Native American monitor shall be present full-time. If the full-time monitoring reveals that the topsoil throughout the Project impact area (both on and off-site) has been previously removed during the development of the roads and buildings within the Project area, then a decrease of monitoring to part-time monitoring or the termination of monitoring can be implemented, as deemed appropriate by the qualified archaeologist in consultation with the Native American monitor. The frequency of subsequent monitoring shall depe nd on the rate of excavation, the materials excavated, and any discoveries of tribal cultural resources as defined in California Public Resources Code Section 21074. The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring considering these factors. Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultura l deposits (i.e., soil conditions are comprised solely of fill or granitic bedrock).
MM-CR-5. In the event that previously unidentified tribal cultural resources are discovered, all work must halt within a 100-foot radius of the discovery. The qualified archaeologist and the Native American monitor shall evaluate the significance of the find and shall have the authority to modify the no -work radius as appropriate, using professional judgment. The qualified archaeologist and Native American Monitor shall co nsider the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c) in determining the significance of a discovered resource. If the professional archaeologist and Native Ameri can monitor determine that the find does not represent a culturally significant resource, work may resume immediately, and no agency notifications are required. Isolates and clearly non -significant deposits shall be documented in the field and collected and monitored grading can immediately proceed. All unearthed archaeological resources or tribal cultural resources shall be collected, temporarily stored in a secure location, and repatriated for later reburial on the project site, pursuant to the terms of the Pre-Excavation Agreement.
MM-CR-6. If the qualified archaeologist and Native American monitor determine that the find does represent a potentially significant tribal cultural resource, considering the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c), the archaeologist shall immediately notify the City of said discovery. The qualified archaeologist, in consultation with the City, the consulting TCA Tribe(s), and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the tribal cultural resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the TCA Tribe(s) and be submitted to the City for review and approval. If the find is determined to be a Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) though (c), appropriate treatment measures will be implemented. Work may not resume within the no-work radius until the City, through consultation as set forth herein, determines either that: 1) the discovery does not constitute a Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) t hrough (c); or 2) the approved treatment and disposition measures have been completed.
M-CR-7. All sacred sites, significant tribal cultural resources, and unique archaeological resources encountered within the Project area shall be avoided and preserved as the preferred mitigation. The avoidance and preservation of the significant tribal cultural resource or unique archaeological resource must first be considered and evaluated in consultation with the TCA Tribe(s) as required by CEQA and in compliance with all relevant mitigation measures for the Project. If any significant tribal cultural resource Ordinance No. 2023-03
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or unique archaeological resource has been discovered and such avoidance or preservation measure has been deemed to be infeasible by the City’s Director of Comm unity Development (after a recommendation is provided by the qualified archaeologist, in consultation with the TCA Tribe(s), making a determination of infeasibility that takes into account the factors listed in California Public Resources Code sections 21061.1, 21081(a)(3), and CEQA Guidelines section 15091, and in accordance with all relevant mitigation measures for the Project), then culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a research design and data recovery program to mitigate impacts shall be prepared by the qualified archaeologist (using professional archaeological methods), in consultation with the TCA Tribe and the Native American monitor, and shall be subject to approval by the City. No artifact sampling for analysis is allowed, unless requested and approved by the consulting TCA Tribe(s). Before construction activities are allowed to resume in the affected area, the research design and data recovery program activities must be concluded to the satisfaction of the City.
M-CR-8. As specified by California Health and Safety Code section 7050.5, if human remains are found on the Project site during construction or during archaeolo gical work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office. Determination of whether the remains are human shall be conducted on site and in situ where they were discovered by a forensic anthropologist, unless the forensic anthropologist and the Native American monitor agree to remove the remains to a temporary off -site location for examination.
No further excavation or disturbance of the site or any nearby a rea reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition. A temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native Am erican Most Likely Descendant (MLD) for the project (California Public Resources Code § 5097.98) for proper treatment and disposition in accordance with California Public Resources Code section 5097.98. The designated MLD will have 48 hours from the time a ccess to the property is granted to make recommendations concerning treatment of the remains. If the City does not agree with the recommendations of the MLD, the NAHC can mediate (California Public Resources Code § 5097.94). If no agreement is reached, the remains shall be kept in situ, or reburied in a secure location in close proximity to where they were found and where they will not be further disturbed (California Public Resources Code § 5097.98). Work may not resume within the no work radius until the lead agency, through consultation as appropriate, determines that the treatment measures have been completed to their satisfaction. The analysis of the remains shall only occur on site in the presence of the MLD, unless the forensic anthropologist and the MLD agree to remove the remains to an off-site location for examination.
MM-CR-9. If the qualified archaeologist elects to collect any tribal cultural resources, the Native American monitor must be present during any cataloging of those resources. Moreove r, if the qualified archaeologist does not collect the cultural resources that are unearthed during the ground -disturbing activities, the Native American monitor may, at their discretion, collect said resources for later reburial on the Project site or storage at a local curation facility. Any tribal cultural resources collected by the qualified archaeologist shall be repatriated to the TCA Tribe for reburial on the Project site. Should the TCA Tribe(s) decline the collection, the collection shall be curated at the San Diego Archaeological Center. All other resources determined by the qualified archaeologist, in consultation with the Native American monitor, to not be tribal cultural resources, shall be curated at the San Diego Archaeological Center.
MM-CR-10. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, that describes the results, analysis, and conclusions of the archaeological monitoring program and any data recovery program on the Project site, sh all be submitted by the qualified archaeologist to the City. The Native American monitor shall be responsible for providing any notes or comments to the qualified archaeologist in a timely manner to be submitted with the report. The report will include California Department of Parks and Recreation Primary and Archaeological Site Forms for Ordinance No. 2023-03
Exhibit "E"
284
Item7.
any newly discovered resources. A copy of the final report will be submitted to the South Coastal Information Center after approval by the City.
MM-GEO-1. Prior to project grading the project applicant shall retain a qualified paleontologist to review the proposed project area to determine the potential for paleontological resources to be encountered. If there is a potential for paleontological resources to occur, the pale ontologist shall identify the area(s) where these resources are expected to be present, and a qualified paleontological monitor shall be retained to monitor the initial cut in any areas that have the potential to contain paleontological resources.
MM-HAZ-1a. Prior to demolition activities on the project site, the Applicant shall submit verification to the City of Escondido Building Department that an asbestos survey has been conducted on any buildings that are to be demolished or removed from the project site. If asbestos is found, the Applicant shall follow all procedural requirements and regulations of to properly abate and dispose of all on -site asbestos- containing materials before general demolition activities commence.
MM-HAZ-1b. Prior to demolition a ctivities on the project site, the Applicant shall submit verification to the City of Escondido Building Department that a lead -based paint survey has been conducted at all existing buildings located on the project site. If lead -based paint is found, the a pplicant shall follow all OSHA procedural requirements and regulations for its proper removal and disposal before general demolition activities commence.
MM-HAZ-2. Prior to construction activities on the project site, the Applicant shall submit verification that the undocumented fill material placed in front of 2039 North Iris Lane has been removed or evaluated for the potential for contaminants. If contaminated, the soil must be removed and disposed of according to local and state regulations. If contaminated soil is identified, the applicant shall follow all procedural and regulatory requirements for its proper removal and disposal before general construction activities commence.
MM-N-1. If rock drill staging occurs within 160 feet of any occupied noise sensitive land uses, sound levels could exceed 75 dBA at property lines. A noise mitigation plan based upon the location of the construction equipment, topography and construction schedule shall be prepared by an acoustical consultant. The noise mitigation plan shall identify measures to reduce sound levels to below 75 dBA.
Such measures could include a temporary noise barrier along any property line where the impacts could occur. The proposed noise barrier shall be of solid non -gapping material to adequate ly reduce construction noise levels below the noise threshold of 75 dBA at the property lines. The noise mitigation plan shall determine the final height and location of a temporary barrier if one is necessary.] The mitigation plan may also identify locati on and timing restrictions on drilling equipment usage. The mitigation plan shall be submitted to the City for review and approval prior to initiation of rock drill staging activities within 160 feet of any occupied noise sensitive land use.
MM-TR-1a. The project shall implement CAPCOA reduction measure T -1 (Increase Residential Density).
MM-TR-1b. The project applicant shall pay the City of Escondido $67,500 for pedestrian improvements at the following five intersections to reduce VMT impacts:
• Intersection of Centre City Pkwy at Iris Lane (Install high -visibility crosswalks on each leg (4 crosswalks) and install pedestrian countdown timers on each corner (4 countdown timers). • Intersection of El Norte at South Iris Lane (Install high -visibility crosswa lks on each leg (4 crosswalks) and install pedestrian countdown timers on each corner (4 countdown timers). • Intersection of Broadway at Vista Ave (Install high-visibility crosswalks on each leg (4 crosswalks) and install pedestrian countdown timers on each corner (4 countdown timers). • Intersection of El Norte Parkway at Mountain View (Install pedestrian countdown timers on each corner (4 countdown timers).
Ordinance No. 2023-03
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• Intersection of Country Club Lane at Broadway (Install high visibility crosswalk on north, south and east legs (3 crosswalks).
G. Specific Building Division Conditions:
1. Approval and subsequent development are subject to all conditions and requirements of the California Building Code and Building Division.
H. Specific Engineering Conditions of Approval:
GENERAL
1. The applicant shall provide the City Engineer with a Subdivision Guarantee and 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 uti lity/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 Checklist. Landscaping Plans shall be prepared by a Landscape Architect and submitted with the second review of the Grading Plans.
4. 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 the Final Map and Grading Plan. The Developer shall post securities in accordance with the City prepared 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 drainage improvements prior to approval of Grading Plans and i ssuance 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. No Building Permits shall be issued for any construction within this Subdivision until the Final Subdivision Map is recorded and either:
a) All conditions of the Tentative Subdivision Map have been fulfilled: or b) Those conditions unfulfilled at the time of an application for Building Permits shall be secured and agreements executed in a form and manner satisfactory to the City Attorney and City Engineer.
6. If site conditions change adjacent to the proposed development prior to completion of the project, the developer will be responsible to modify his/her improvements to accommodate these changes.
The determination and extent of the modification shall be to the satisfaction of the City Engineer.
Ordinance No. 2023-03
Exhibit "E"
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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 to the satisfaction of the City Engineer.
8. The Developer’s engineer shall submit to the Planning Division a copy of the Tentative Subdivision Map as presented to the Planning Commission and the City Council. The Tentative Subdivision Map will be signed by the Planning D ivision verifying that it is an accurate reproduction of the approved Tentative Subdivision Map and must be included in the first submittal for plan check to the Engineering Services Department.
STREET IMPROVEMENTS AND TRAFFIC
1. Public street and drainage improvements shall be constructed to City Standards as required by the Subdivision Ordinance and to the satisfaction of the City Engineer prior to first occupancy. Specific details, including final street improvement widths, right -of-way widths, concrete curb and gutters, curb returns and pedestrian ramps, drainage, lighting, etc. shall be to the satisfaction of the City Engineer.
2. Prior to first occupancy the developer shall construct street improvements, including but not limited to, concrete curb, gutter, sidewalk, street lights, street trees, paving and base on the following streets within and adjoining the project boundary:
STREET CLASSIFICATION
North Iris Lane Local Collector Street (62’/42’)
Robin Hill Lane (Private) Residential Street (44’/32’) See appropriate typical sections in the current Escondido Design Standards for additional details.
3. Improvement plans prepared by a Civil Engineer are required for all public street and utility improvements.
4. All on-site failing sections of asphalt driveway and concrete gutter must be repaired and/or replaced to the satisfaction of the City Engineer.
5. Access to this project from N. Iris Lane shall be per alley-type driveway in accordance with Escondido Standard Drawing No. G-5-E with a minimum throat width of 24 feet.
6. The major access entrance shall be designed per the approved Tentative Subdivision Map.
7. The address of each lot/dwelling unit shall either be painted on the curb or, where curbs are not available, posted in such a manner that the address is visible from the street. In both cases, the address shall be placed in a manner and location approved by the City Engineer.
8. All on-site roads, driveways, and parking areas shall be private. Typical sections and design details shall be to the satisfaction of the City Engineer and Community Development Director. The private street improvements shall include, but not be limited to, the construction of concrete curb, sidewalks, street lights, paving and base.
9. For North Iris Lane and Robin Hill Lane the sidewalk construction shall be contiguous to the curb in accordance with current Escondido Design Standards.
10. Final street improvements shall be to the satisfaction of the City Engineer and shall be based on City of Escondido standard drawing Figure 3.
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Exhibit "E"
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11. Plans for construction within any right-of-way or easement under a jurisdiction other than the City of Escondido will be subject to the review by both the City of Escondido and the other jurisdiction. The developer shall be responsible for securing all necessary permits from the appropriate agencies.
12. The developer will be required to provide a detailed detour and traffic control plan, for all construction within existing rights-of-way, to the satisfaction of the Traffic Engineer and the Field Engineer. This plan shall be approved prior to the issuance of an Encroachment Permit for construction within the public right-of-way.
13. The developer’s engineer shall prepare a complete signing and striping plan for all improved roadways. The developer’s contractor shall complete all necessary removal of existing striping and signage and shall install all new signing and striping per the approved plans and as directed by the Field Engineer.
14. The developer may be responsible for an overlay of North Iris Lane 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.
15. Adequate horizontal sight distance shall be provided at all street intersections. Increased parkway widths, open space easements, and restrictions on landscaping shall be provided for adequate sight distance and subject to approval of the City Engineer.
16. The developer shall be required to construct an emergency access road through the project to the satisfaction of the City Engineer and City Fire Marshal.
17. The proposed street system shall be designed to align with other existing intersections to the satisfaction of the City Engineer.
18. The project shall be designed to comply with the maximum grade of intersecting streets of 6% per the Escondido Design Standards.
19. Pedestrian access routes shall be provided into the project to the satisfaction of the City Engineer.
20. Street lighting shall be required on all on -site private streets. It shall be the responsibility of the property owner’s association to adequately mainta in the street lighting system and such maintenance responsibility shall be clearly stated in the CC&Rs.
21. The developer shall be required to construct LED street lights in accordance with Escondido Standard Drawing No. E-1-E along North Iris Lane.
22. All gated entrances shall be designed and improved to the satisfaction of the City Engineer.
23. The developer shall install trash capture devices on existing storm drain inlets along the project’s frontage to the satisfaction of the City Engineer.
24. The project shall pay an in-lieu fee totaling $67,500.00 at the time the first grading plan is submitted to the Engineering Department for VMT mitigation measures identified in the transportation study for the project. This fee shall be adjusted to account for inflation at the time of the first submittal to the Engineering Department.
25. The project shall pay a fair -share contribution for the widening of North Iris Lane for approximately 280 linear feet Northeast of City Centre Parkway. The fair share amount is calculated at 6.5% and requires a fee of $10,075 and shall be paid with the first submittal of the grading plan to the Engineering Department. This fee shall be adjusted to account for inflation at the time of the first submittal to the Engineering Department.
Ordinance No. 2023-03
Exhibit "E"
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26. The project s hall pay a fair -share contribution for improvements to the intersection of City Centre Parkway and North Iris Lane which include modifying the signal operations and restriping the Westbound approach on North Iris Lane from a left and through right configur ation to a left and left through configuration. This fair share amount is calculated at 3.1% and requires a fee of $6,975 and shall be paid with the first submittal of the grading plan to the Engineering Services Division. This fee shall be adjusted to ac count for inflation at the time of the first submittal to the Engineering Department.
GRADING
1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be approved by the Engineering Department. The first submittal of the grading plan shall be accompanied by a digital copy of the preliminary 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. Erosion control, including riprap, interim slope planting, sandbags, 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 project.
3. Cut slope setbacks shall be of sufficient width to allow for construction of all necessary screen walls and/or brow ditches.
4. The developer shall be responsible 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.
5. A Construction General Permit is required from the State Water Resources Control Board for all storm water discharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of one or more acres.
6. Lot drainage shall meet the requirements of current Escondido Design Standards, to the satisfaction of the City Engineer, and shall include the construction of necessary brow ditches.
7. The developer will be required to obtain permission from adjoining property owners for any off -site grading and slopes necessary to construct the project and/or the required improvements.
8. All driveway grades shall conform to current Escondido Design Standards and Escondido Standard Drawings.
9. All proposed retaining walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be s hown 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 their report. Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered by the Regional or City Standard Drawings. The cost of any independent third-party review deemed necessary by the City Engineer shall be reimbursed by the developer. Retaining walls or deepened footings that are to be constructed as part of building structure will be permitted as part of the Building Department plan review and permit process.
10. Trash enclosures shall be constructed to comply with storm water quality management requirements to the satisfaction of the City Engineer.
DRAINAGE
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1. 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.
2. All on-site storm drains not in public easements are private. The responsibility for maintenance of these storm drains shall be that of the property owner’s association. Provisions stating this shall be included in the CC&Rs.
3. The project shall limit drainage flows to their pre-construction rates. Details and calculations for the detention basin and any other post constru ction BMP’s shall be submitted 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 hydro-modification calculations, treatment calculations, post -construction storm water treatment measures, and maintenance requirements.
5. All site drainage with emphasis on the roadway, parking, and driveway areas shall be treated to remove expected contaminants using a high efficiency non -mechanical method of treatment. T he City highly encourages the use of bio-retention areas as the primary method of storm water retention and treatment. The landscape plans will need to reflect these areas of storm water treatment.
6. Site Design and Source Control Best Management Practices (BMPs) shall be implemented to the maximum extent practicable. Downspouts from buildings shall be directed to landscaping to allow the infiltration of runoff into the ground. Where feasible, runoff from the hardscape areas shall be directed to landscaped areas to allow infiltration into the ground.
7. 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. This project is located within the Rincon Del Diablo Municipal Water District. It will be the developer’s responsibility to make arrangements with the Rincon District as may be necessary to provide water service for domestic use and fire protection. The developer shall provide evidence of such arrangements prior to issuance of the grading permit or recordation of the Final Map, to the satisfaction of the City Engineer. The City of Escondido and the Rincon Del Diablo Municipal Water District will sign approval of the improvement plans with respect to the water mains.
SEWER
1. The Developer is required at their sole expense to design and construct an 8-inch public sewer main. The 8-inch sewer main shall connect to the existing 10-inch sewer main in North Iris Lane and shall continue up Streets B, C, D and H. A minimum 20-foot Public Utility easement shall be provided for the public sewer mains. There shall be no permanent structures allowed within the Public Utility easement.
2. Private 6-inch PVC sewer laterals shall connect to the public sewer main and shall be shown on the improvement and grading plans.
3. All sewer laterals shall be constructed per current City of Escondido Design Standards and the current Uniform Plumbing Code.
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Exhibit "E"
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4. No trees or deep-rooted bushes shall be planted within 15-feet of any sewer main or within 10-feet of any sewer lateral. Sewer laterals shall be 5-feet horizontally clear from other utilities and 10-feet clear from water mains.
5. All sewer laterals shall be considered a private sewer system. The Home Owners Association shall be responsible for all maintenance of sewer laterals to the public sewer main.
6. All sewer mains, laterals and appurtenances shall be designed and constructed per current City of Escondido Design Standards and Standard Drawings, and to the satisfaction of the Utilities Engineer.
7. The project design shall be such that all existing or new sewer manholes are accessible at all times by City vactor trucks for maintenance.
8. The Developer shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.
LANDSCAPE
1. A site landscaping and irrigation plan shall be submitted to the Engineering Department with the second submittal of the grading plan. The initial submittal of the landscape plans shall include the required plan check fees in effect at the time of the submittal.
2. Permanent landscaping shall be installed along the project frontage and all areas disturbed by the project (including offsite areas). The landscaping, inclu ding storm water treatment BMPs, shall be maintained by Home Owners Association. Provisions stating this shall be included in the CC&Rs.
FINAL MAP - EASEMENTS AND DEDICATIONS
1. The developer shall make all necessary dedications (or, if appropriate, offer of dedications) for public rights-of-way on the following streets contiguous to the project to bring the roadways to the indicated classification.
STREET CLASSIFICATION
North Iris Lane Local Collector Street (62’/42’)
2. All easements, both private and public, affecting subject property shall be shown and delineated on the Final Map.
3. Necessary public utility easements for sewer, water, storm drain, etc. shall be granted to the City on the Final Map. The minimum easement width is 20 feet. Easements with additional utilities shall be increased accordingly.
4. A public sewer easement shall be dedicated over the private streets.
5. An emergency access easement shall be granted to the City on the Final Map. The minimum width of the easement shall be 24 feet and to the satisfaction of the City Engineer and Fire Marshal.
6. The developer is responsible for making the arrangements to quitclaim all easements of record which conflict with the proposed development prior to approval of the Final Map. All street vacations shall be accomplished by means of a separate public hearing if required. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval Ordinance No. 2023-03
Exhibit "E"
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of the Final Map. Building permits will not be issued until all conflicting easements are resolved, nor will any securities be released until the existing easements are quitclaimed.
REPAYMENTS AND FEES
1. 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 or private property and improvements, install new BMPs, and stabilize and/or close-up a non-responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the developer until the required cash security is replaced. The cleanup cash 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, landscaping, and best management practices items of work with a minimum of $5,000 up to a maximum of $50,000, unless a higher amount is deemed necessary by the City Engineer.
2. The developer shall be required to pay all development fees of the City in effect at the time and in such amounts as may prevail when building permits are issued.
CC&Rs
1. Copies of the CC&Rs shall be submitted to the Engineering Services Division and Planning Division for approval prior to approval of the Final Map.
2. The developer shall make provisions in the CC&Rs for maintenance by the homeowners’ association of private roadways, driveways, parking areas, private utilities (including sewer and water), drainage swales, private street lighting, private storm drains, landscaping and any common open spaces.
These provisions must be approved by the Engineering Department prio r to approval of the Final Map.
3. The CC&Rs must state that the property owners’ association assumes liability for damage and repair to City utilities in the event that damage is caused by the property owners’ association when repair or replacement of private utilities is done.
4. The CC&Rs shall reference the recorded Storm Water Control Facility Maintenance Agreement and the approved Storm Water Quality Management Plan (SWQMP) for the project.
UTILITY UNDERGROUNDING AND RELOCATION
1. All existing overhead utiliti es within the subdivision boundary or along fronting streets shall be relocated underground as required by the Subdivision Ordinance.
2. 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.
Ordinance No. 2023-03
Exhibit "E"
292
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RESOLUTION NO. 2023-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING AN
ANNEXATION, GENERAL PLAN AMENDMENT FROM
SUBURBAN TO URBAN III, A ONE -LOT TENTATIVE
SUBDIVISION MAP FOR THE N. IRIS 102 -UNIT
CONDOMINIUM PROJECT, AND AUTHORIZING
SUBMITTAL OF AN APPLICATION TO THE LOCAL AGENCY
FORMATION COMMISSION FOR INITIATION OF
PROCEEDINGS FOR THE ANNEXATION -
REORGANIZATION OF 7.7 ACRES LOCATED AT 2039,
2047, 2085 AND 2089 N. IRIS LANE
CASE NOS. PHG20-0032, PL20 -0738, PL20 -0739, PL21 -
0126, PL21-0127, PL21-0128
WHEREAS, Hallmark Communities, Inc., (“Applicant”) filed a land use development application (Planning Case Nos. PHG20 -0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21 - 0128) constituting a request for an Annexation/Reorganization, Prezone to Planned Development - Residential (PD-R 14.6), General Plan Amendment from Suburban (S) to Urban III (U3), one -lot Tentative Subdivision Map, and a Planned Developmen t Permit (Master and Precise Development Plan) for the development of 102 condominium units ("Project") on a 7.7 gross acre (6.98 net acre) site located at 2039, 2047, 2085 and 2089 N. Iris Lane (APNs 224 -310-05-00, 224-310-06-00, 224-310-07-00, 224-310-08-00 and 224 -310-20-00), as more particularly described in Exhibit “A” and depicted in Exhibit "B" to this Resolution, both of which are attached hereto and made a part hereof by this reference as though fully set forth herein (“Property” and "Annexation Property"); and WHEREAS, the Application was submitted to, and processed by, the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and
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WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and
WHEREAS, multi -family residential condominium development is a permitted use within the Planned Development -Residential zone, subject to the approval of the proposed General Plan Amendment to Urban III, Tentative Subdivision Map in accordance with Chapter 32 of the Escondido Municipal Code, and Master and Precise Development Plan in accordance with Article 19 of the Escondido Zoning Code; and
WHEREAS, this annexation/reorganization is necessary in order for the subject properties to receive urban services available from the City of Escondido; and WHEREAS, that this annexation/reorganization is consistent with the Sphere of Influence of the City of Escondido and affected districts; and
WHEREAS, annexation of the Annexation Property into the City of Escondido would also include concurrent detachment from County Service Area ("CSA") No. 135 (San D iego Regional Communications System) and exclusion from the Rincon Del Diablo Improvement District "E;" and WHEREAS, the City Council of the City of Escondido desires to initiate proceedings pursuant to the Cortese/Knox/Hertzberg Local Government Reorgani zation Act, Division 3, commencing with Section 56000 of the California Government Code for the proposed annexation/reorganization.
WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and
WHEREAS, the Planning Division studies the Application, performed necessary investigations, prepared a written report, a nd hereby recommends approval of the Project as depicted on the plan set 294
Item7.
shown in Exhibit "C," which is attached hereto and made a part hereof by this reference as though fully set forth herein; and
WHEREAS, a Draft and Final Environmental Impact Report, a nd Mitigation Monitoring and Reporting Program was prepared for the Project, and has been certified through the adoption of City Council Resolution No. 2023-03; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 13, 2022, as prescribed by law, at which interested persons were given the opportunity to appear and present their views with respect to the Application. Evidence was submitted to and considered by the Planning Commission, including written and oral testimony from City staff, interested parties, and the public.
Following the public hearing, the Planning Commission adopted Planning Commission Resolution No. 2022-14, recommending that the City Council approve the Project; and WHEREAS, the City Council of the City of Escondido held a duly noticed public hearing on January 11, 2023, as prescribed by law, at which time the City Council received and considered the reports and recommendation of the Planning Division and Planning Commission, and gave all persons full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the City Council, including without limitation:
a) Witten information including plans, studies, written and graphical information, and other material, submitted by the Applicant;
b) Oral testimony from City staff, interested parties, and the public. c) The City Council staff report, dated January 11 2023, which along with its attachments, and City staff's recommendation on the Project, is incorporated herein as though fully set forth herein; d) The Planning Commission’s recommendation; and
e) Additional information submitted during the public hearing; and 295
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WHEREAS, the City Clerk, whose office is located at 201 North Broadway, Es condido, California, 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public i nspection and copying in accordance with the provisions of the California Public Records Act; and
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. All requirements of CEQA have been met through the adoption of City Council Resolution No. 2023-03.
3. That the Findings of Fact /Factors to be Considered , attached as Exhibit “D” hereto and incorporated by this reference, were made by the City Council, and upon their consideration along with the staff reports, public testimony presented at the hearing, and all other oral and written evidence on this Project, this City Council approves the Project, subject to the Conditions of Approval set forth in Exhibit "E" hereto and incorporated by this reference. The City Council expressly declares that is would not have made this decision except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the use permitted hereby.
4. That the City Council desires at this time and deems it to be in the best public interest to approve the General Plan Amendment and modify the General Plan Map from Suburban (S) to Urban III (U3) as depicted in Exhibit “F.”
5. That this Tentative Subdivision Map and associated Master and Precise Development Plan shall be null and void unle ss a Final Map conforming to the Tentative Subdivision Map and all required conditions, is filed within 36 months of the effective date of this approval, or unless an Extension of Time 296
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is granted pursuant to section 66452.6 of the California Government Code and Chapter 32 (Subdivisions) of the Escondido Municipal Code.
6. That concurrently with this Resolution, the City Council is taking a number of actions in furtherance of the Project, as generally described by the January 11, 2023, City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective in the manner provided by state law. Therefore, this Res olution shall become effective and operative on the day immediately subsequent to the date that Ordinance No. 2023-03 becomes effective.
7. That application and proposal is hereby made to the Local Agency Formation Commission of the County of San Diego for the annexation/reorganization described below. This proposal is made pursuant to the Cortese/Knox/Hertzberg Local Government Reorganization Act, as amended, commencing with Section 56000 of the Government Code of the State of California. The Local Formation Commission of the County of San Diego is hereby requested to undertake proceedings for the annexation/reorganization proposed herein. The following changes of organization are proposed:
a. Annexation of the subject territory, as legally described and depicted in Exhibits “A” and “B,” hereto, to the City of Escondido
b. Detachment of the subject territory, as legally described and depicted in Exhibits “A” and “B,” hereto, from CSA No. 135 (San Diego Regional Communication Systems) and exclusion from the Rincon Del Diablo Improvement District “E.”
8. That the City Council of the City of Escondido hereby requests the Local Agency Formation Commission to designate the City of Escondido as conducting agency, and that the City of Escondido be authorized to order the proposed annexation.
9. That the City Clerk of the City of Escondido is hereby authorized and directed to file a certified copy of this resolution with the applicable fees required by Section 54902.5 of the California 297
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Government Code to the executive officer of the Local Agency Formation Commission of San Diego County.
BE IT FURTHER RESOLVED that, pursuant to Government Code Section 66020(d)(1):
1. NOTICE IS HEREBY GIVEN that the Project is subject to certain fees des cribed in the City of Escondido’s Development Fee Inventory on file in both the Community Development Department and Public Works Department. Approval of this development project is conditioned upon payment of all applicable development fees and connection fees in the manner provided in Chapter 6 of the Escondido Municipal Code. The Project is also subject to dedications, reservations, and exactions, as specified in the Conditions of Approval.
2. NOTICE IS FURTHER GIVEN that the 90-day period during which to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020. 298
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EXHIBIT “A”
Legal Description
Resolution No. 2023-04
(North Iris Condominium Project)
Resolution No. 2023-04
Exhibit "A"
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EXHIBIT “B”
Property Depiction
Resolution No. 2023-04
(North Iris Condominium Project)
APNs 224-310-05-00, 224-310-06-00, 224-310-07-00, 224-310-08-00 and 224-310-20-00 Resolution NO. 2023-04
Exhibit "B"
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APNs 224-310-05-00, 224-310-06-00, 224-310-07-00, 224-310-08-00 and 224-310-20-00
Resolution NO. 2023-04
Exhibit "B"
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EXHIBIT “C”
Plans
Resolution No. 2023-04 (North Iris Project)
Resolution No. 2023-04
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EXHIBIT “D”
FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Resolution No. 2023-04
PLANNING CASE NUMBERS: PHG20-0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21-0128
Annexation/Reorganization Determinations:
1. The proposed annexation/reorganization conforms to the annexation policies established in the Escondido General Plan Land Use and Community Form Element that are intended to guide development to meet present and future needs, achieve a vibrant community, and e nhance the character of Escondido.
2. The five parcels proposed to be annexed are located within the Escondido Sphere of Influence and Escondido Planning Area.
3. The reorganization includes annexation to the City of Escondido and detachment from County Service Area No. 135 (Regional Communications). The parcels also will be excluded from the Rincon Municipal Water District, Improvement District “E” for fire services.
4. The City of Escondido will provide fire and emergency response to the proposed annexation territory.
City sewer service would be available to the subject parcels . The City of Escondido Police Department, which already patrols the general area and works cooperatively with the Sheriff, would assume responsibility for law enforcement. Th e annexation would not introduce new service providers to the area or become a departure from the existing pattern of service delivery in this portion of Escondido.
5. The proposed annexation will not conflict with any specific development plans for the p roperties.
Future development will be subject to the provisions of the Escondido General Plan and Zoning Code upon annexation.
6. The public health, safety and welfare will not be adversely affected by the proposed change because the proposed City zoning of Planned Development-Residential (PD-R 14.6) will be consistent with the proposed City of Escondido General Plan land-use designation of Urban III, as further described in the sections below and in the Planning Commission staff report dated December 13, 2022.
7. The requirements of the California Environmental Quality Act (CEQA) have been met because it was found/determined the Project will not have a significant effect on the environment because mitigation measures and project design features will avoid or reduce potential impacts to less than a significant level, as demonstrated in the Final Environmental Impact Report prepared for the Project.
General Plan Amendment Determinations:
Resolution No. 2023-04
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1. The public health, safety and welfare will not be adversely affected by the proposed General Plan Amendment from Suburban (S) to Urban III (U3). A Draft Environmental Impact Report was prepared for the project and circulated for public review from September 20, 2022 to November 3, 2022, as required under CEQA. This environmental review document found that development of the property could have potentially significant impacts related to biological resources, cultural resources, hazards and hazardous mate rials, noise, and traffic and transportation, and mitigation measures were proposed to reduce these impacts to a less than significant level.
1. The proposed General Plan Amendment for the subject site would be compatible with existing development patterns in the surrounding areas. Residential neighborhoods in the surrounding area consist of a mix of residential uses, types and densities, and several of these neighborhoods are planned developments that have implemented site -specific development standards, suc h as the clustering of small residential lots in and around common open space areas. All setbacks proposed by the project would be consistent with the setbacks required of a traditional Urban III/R -3 development. While some buildings would exceed the 35 feet height limit (up to 37 feet in height for select buildings/features) imposed the R-3 zone, no buildings would exceed three stories. The design of the proposed condominium units incorporates a subdued color palette and a range of exterior finishes to be compatible with surrounding residential development.
3. The proposed General Plan Amendment from Suburban (S) to Urban III (U3) would be consistent with the goals and polices of the General Plan as a whole. In the General Plan’s Housing Element, Housing Policy 1.1 calls for the expansion of housing stock while preserving the health, safety, and welfare of residents and the fiscal stability of the City, while Housing Policy 2.2 calls for efforts to increase homeownership through education, availability, a nd affordability. The General Plan Amendment would facilitate the development of up to 102 for-sale condominium units to support the City’s housing stock. Per Planned Development Policy 6.3, planned developments are expected to address visual impacts, pres ervation of natural setting, the use of superior architectural features, adequate separation between structures within the site and between the site and neighboring properties, and preservation of common open space. The project has been designed with a subdued color palette compatible with the surrounding area. Common and private open space would be provided for the Project. Proposed setbacks would be consistent with R-3 development requirements.
The Fire Department has reviewed the project plans to ensure that adequate fire protection and emergency access would be provided. Mitigation measures have been included in the EIR to mitigate potential project related impacts to the environment.
4. The proposed General Plan Amendment is suitable and will not affect the allowed land uses in any zones. The purpose of the proposed General Plan Amendment is to change the land use designation of the property from Suburban (S) to Urban III (U3). The specif ic use proposed for the site (multi - family residential at a maximum density of 14.6 dwelling units per acre) would then be consistent with the new Urban III land -use designation that allows a maximum density up to 18 dwelling units per acre.
Tentative Subdivision Map Determinations:
1. The Project proposes a one-lot Tentative Subdivision Map in conjunction with the development of 102 air-space condominium units. The location, design, and residential density of the proposed one -lot air-space condominium residential development is consistent with the goals and policies of the Resolution No. 2023-04
Exhibit "D"
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Escondido General Plan (as proposed as a component of the General Plan Amendment to Urban III) because multi-family residential development is permitted and encouraged in the Urban III land -use designation. The propo sed infill residential Project is in conformance with General Plan Housing Goals and Policies to plan for quality, managed, and sustainable growth, and provide a range of housing opportunities for all income groups and populations with special needs, and which encourage a compact, efficient urban form that promotes transit, supports nearby commercial establishments and takes advantage of infrastructure improvements installed to accommodate their intended intensities.
2. The Project site is physically suita ble for the proposed density of development because the Project site is within an urban area that is developed with a mix of single -family residential, planned development residential and a residential care and independent living facility with a range of densities.
The proposed Urban III land-use designation allows up to 18 dwelling units per acre. Based on the Project site (6.98 net acres), the underlying County land-use designation would allow up to 125 units.
The request to subdivide the Project site into one lot and develop 102 air -space condominium units with a density of 14.6 dwelling unit per acre would be consistent with the proposed Urban III land-use density and development requirements. Furthermore, the proposed Tentative Subdivision Map is consistent with applicable provisions of the General Plan that addresses growth management and maintaining the fiscal stability of the City because the Project applicant minimizes ongoing costs to taxpayers through annexation into a CFD or establishment of another funding mechanism as required by the Project conditions of approval.
3. The approval of the proposed Project would be based on sound principles of land use and is well - integrated with its surroundings near similar residentially developed properties because adequate access, parking, utilities, public services and landscaping would be provided (as detailed in the staff report). The residential Project also would not be out of character for the area which contains other multi-story development with a range of residential uses and densities. All vehicular traffic generated by the Project will be accommodated safely and without degrading the level of service on the adjoining streets or intersections.
4. The Project would not result in the destruction of desirable natural features, nor be visually obstructive or disharmonious with surrounding areas because the site is not located on a skyline or intermediate ridge, and the site does not contain any significant topographical features. The proposed gradin g design would not result in any manufactured slopes or pad elevations that would create any significant adverse visual or compatibility impacts with adjacent lots, nor block any significant views.
5. The Project site is physically suitable for this propo sed type of residential development and density of development. Approval of the Tentative Subdivision Map for the Project would not violate the requirements, goals, policies, or spirit of the General Plan. The Project site is suitable for the proposed residential type of development and density as detail in the Planning Commission staff report dated December 13, 2022 and also noted in the above sections.
6. The Project would be compatible with the surrounding uses because the site is within an urban residential area developed with a variety of residential developments of varying density, lot sizes and design. The topography of the site is relatively flat to gently sloping from the northwest to the south and southeast. Extensive grading is not proposed. The topography of the Project site allows for appropriate access and the creation of buildable pad areas without the need to export or import Resolution No. 2023-04
Exhibit "D"
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significant quantities of material. Adequate public utilities and services can be provided to the site.
All vehicular traffic generated by the Project will be accommodated safely and without degrading the level of service on the adjoining streets or intersections. Appropriate noise attenuation would be provided for the new lots. The proposed Project also would no t result in a significant impact to biological or natural resources, as mitigated to reduce potential impacts to a less than significant level.
7. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The Project’s proposed street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; lot configuration; traffic and emergency access; and grading; were all reviewed for compliance with relevant City policies and codes. The Project would not cause substantial environmental damage and would avoid injury to fish or wildlife, or their habitat because the Project site is located within an infill urban setting and all potential impacts would be mitigated to less than a significant level.
8. The design of the Tentative Subdivision Map and the type of improvements will not conflict with easements of record, or easements established through court judgments, or acquired by the population at large, for access through, or use of property within the proposed map because any existing easements and improvements will either be accommodated within the project design; be quitclaimed prior to recordation of the map; or alternate provisions provided.
9. The design of the Tentative Subdivision Map has provided, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. The lot sizes and the subdivi sion configuration provide opportunities for passive/solar heating.
10. All permits and approvals applicable to the proposed Tentative Subdivision Map pursuant to the Escondido Zoning Code (Chapter 33 Zoning) will have been obtained prior to the recordati on of the map.
11. The proposed Tentative Subdivision Map will not conflict with regional or local housing goals because the proposed infill residential Project would be in conformance with General Plan Housing Goals and Policies to expand the stock of all housing; increase homeownership; plan for quality managed and sustainable growth; and encourage a compact, efficient urban form that promotes transit, supports nearby commercial establishments and takes advantage of infrastructure improvements installe d to accommodate their intended intensities. The proposed Project would not diminish the Quality-of-Life Standards of the General Plan as the Project would not materially degrade the level of service on adjacent streets or public facilities, create excessive noise, and adequate on-site parking, circulation and public services could be provided to the site. The Project would comply with all development standards of the applicable zone and observe the density of the General Plan and area plans, as noted in the sections above.
12. In consideration of the above, the proposed Project meets all of the requirements of section 66474 of the California Government Code and the proposed Tentative Subdivision Map meets all of the requirements or conditions imposed by the Subdivision Map Act and the Escondido Zoning Code, as detailed in the staff reports, the Escondido General Plan and above findings.
Resolution No. 2023-04
Exhibit "D"
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EXHIBIT “E”
CONDITIONS OF APPROVAL
Planning Case Numbers: PHG20-0032, PL20-0738, PL20-0739, PL21-0126, PL21-0127 and PL21-0128 This Project is conditionally approved as set forth on the application received by the City of Escondido on August 6, 2020, and the P roject drawings consisting of Civil Plans/Grading, Sections, Site Plans, Floor Plans, Architectural Elevations, Landscape P lans and Colored Elevations; all designated as approved on January 11, 2023 , and shall not be altered without express authorization by the Development Services Department.
For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, or its successor(s) in interest, as may be applicable.
A. General:
1. Acceptance of Permit. Should the Applicant fail to file a timely and valid appeal of this Permit 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 C ode or Zoning Code applicable to such Permit.
2. Permit Expiration. If the Permit was filed as or concurrent with a Tentative Map, the Permit shall expire 36 months from the effective date of City Council approval of the Tentative Map, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code.
3. Certification. The Director of Development Services, 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 entirety, as 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/or use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.
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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 Development Services to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. This includes modifications to any Grading Exemptions for the slopes up to an additional one foot in height, and modifications to retaining wall heights.
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.
a. Prior to Final Map recordation , 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 shall 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.
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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 permits 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 activit ies covered by this Permit is 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 schedule 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. Community Facility District or Funding Mechanism. In accordance with the General Plan, the Developer shall fund all on -going operational costs of providing municipal services required for the Project, the amount of s uch funding shall be in accordance with City Ordinance 2020 -10, unless another amount is approved by the City Council at the time of Project approval. Such funding shall occur through either an agreement to form or annex into Services CFD 2020 -1 or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Projects that elect to annex into the Services CFD shall submit consent forms prior to the first permit issuance if they have not done so already. The provisions of the Public Services Funding Agreement shall specify any terms and limitations necessary to implement the CFD or other funding mechanism to offset the impacts to public services associated with the project. The City Manager, or City Manager’s designee, shall be authorized to approve and execute the Public Services Funding Agreement, and the Public Services Funding Agreement shall be finalized prior to the City’s issuance of any permit for the Project.
12. Public Art Partnership Pro gram. 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. State Law (SB 1535), effective January 1, 2007, requires certain projects to pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resources and/or sensitive habit at, in accordance Resolution No. 2023-04
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with State law, or if the Project was analyzed through a negative declaration or environmental impact report, the Applicant shall remit to the City of Escondido Planning Division, within two (2) working days of the effective date of the a doption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County no tification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid.
The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increases after the date of this approval, the Applicant shall be responsible for the increase.
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, and 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 Escondi do shall have the right to deny or withhold subsequent permit approvals or per mit 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 c ompel compliance with said conditions or seek damages for their violation. The applicant/developer 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 an y 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 Resolution No. 2023-04
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consequential damages and attorney’s fees and other related litiga tion 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, consultants, 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 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 Project app rovals. 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 Ci ty 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 Applicant 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 e xtent 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 Resolution No. 2023-04
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provide documentation or information for the City to consider in making its determinations.
Nothing within this subsection shall be constru ed 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 the 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 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 and 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 improvemen ts prior to Final Map recordation , grading permit issuance, building permit issuance, or certificate of occupancy as required. This review 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, maint enance, and operation of the authorized activity.
3. Utilities. All new utilities and utility runs shall be underground, or fee payment in-lieu 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, unless modified by this Project Planned Development.
Separate sign permits will be required for Project signage. All non -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).
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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.
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. Appropriate trash enclosure(s) or other approved trash system shall be approved by the Plann ing and Engineering Services Division. The property owner or management company shall be responsible for ensuring 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 Buildin g 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 fo r all residential and non -residential construction projects, 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, demonstrating compliance with the California Green Building Standards Code sections cited above.
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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 gra nted 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 co nstruction equipment. Before an exemption may be granted, the Applicant’s 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 w ere 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 standard 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.
16. Phasing. A phasing plan shall be submitted for all projects which include more than one building.
The phasing plan shall identify the order in which all on - and off -site improvements will be installed, including triggers for improvements resulting from m itigation measures placed on the project through the environmental review process or required for General Plan conformance. The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.
C. Parking and Loading/Unloading.
1. As shown on the plans, an enclosed two-car garage shall be provided for each condominium unit.
A minimum of 25 open guest spaces also shall be provided. The garages shall be maintained to provide parking for two cars and storage or other use of the garage space shall not impede the use of the garages for parking of vehicles.
2. 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 owners’ association assumes all responsibility for maintaining all on-site landscaping; storm water facilities, 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.
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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 planting and planter areas, including areas within the publi c 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 de termined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.
4. The landscaped areas shall be free of all foreign matter, weeds and plant mat erial 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 ir rigation plan shall be submitted to the Engineering Services 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 of the grading plan. The initial submittal of the landscape plans shall inclu de 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 required 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 upon completion. He/she shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the app roved 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 mate rials or finishes, and shall be indicated on the landscaping plans. (Building permits may also Resolution No. 2023-04
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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 Development Services.
E. Specific Planning Division Conditions:
1. The Project shall be managed by a professional management company. A self-managed Home Owners Association (“HOA”) shall not be allowed. This prohibition against a self-managed HOA must be reflected in the Project Covenants, Conditions, and Restrictions (“CC&Rs”).
2. The storm water basin and any fencing associated with the basin shall be maintained by the Project HOA. The basin and landscaping shall be design to be a visual amenity for the Project with an appropriate mix of shrubs, ground cover and grasses. If fencing is provide to restrict access to the basin, the fencing shall be an open decorative design (e.g., t ubular steel, split rail or other type of decorative fencing). The height of any fencing associated with the basin shall not exceed 42 inches and shall not limit sight distance at the intersection.
F. Mitigation Measures:
MM-BIO-1. Trimming, grubbing, and clearing of vegetation shall be avoided during the avian breeding season, which generally runs from February 15 to August 31 (as early as January 1 for some raptors) to the extent feasible. If trimming, grubbing, or clearing of vegetation is proposed to occur during the general avian breeding season, a pre -construction survey shall be conducted by a qualified biologist no more than seven days prior to vegetation clearing to determine if active bird nests are present in the affected areas. If there are no nesting birds (includes nest building or other breeding/nesting behavior) within this area, trimming, grubbing, and clearing of vegetation shall be allowed to proceed. If active bird nests are confirmed to be present during the pre -construction survey, a buf fer zone will be established by the biologist. Construction activities shall avoid any active nests until a qualified biologist has verified that the young have fledged, or the nest has otherwise become inactive.
MM-BIO-2. Prior to impacts to any sensitive habitats (disturbed wetland and non-native grassland), the applicant shall purchase off-site mitigation credits at a mitigation bank approved by the City. Mitigation ratios shall be consistent with regional standards (i.e., the Escondido Draft Subarea Pl an): non-native grassland minimum 0.5:1 and disturbed wetland minimum 1:1. The disturbed wetland mitigation shall consist of establishment/re -establishment mitigation to achieve regional no -net-loss standards for potential wetlands. Proof of mitigation pur chase shall be provided to the City prior to issuance of the grading permit.
MM-BIO-3. Prior to any project impacts to potentially jurisdictional resources, demonstration that regulatory permits from USACE, RWQCB, and CDFW have been issued or that no such permits are required shall be provided to the City. Permanent impacts to 0.05 acre of USACE/RWQCB jurisdictional non-wetland waters of the United States/State, 0.10 acre of CDFW jurisdictional habitat, and 0.02 acre of CDFW jurisdictional streambed shall be mitigated at a minimum 1:1 ratio through one or a combination of the following off-site options, unless otherwise required by the USACE, RWQCB, and/or CDFW during the regulatory permitting process:
• Purchase of establishment/re -establishment, rehabilitation, enhancement, and/or preservation credits from an off -site mitigation bank with a service area that overlaps the project and that is approved by the USACE, RWQCB, and CDFW, such as the San Luis Rey Mitigation Bank, and Brook Forest Conservation/Mitigation Bank; and/or
• Acquisition or use of other off -site mitigation lands in the region to include establishment/re - establishment, rehabilitation, enhancement, and/or preservation of USACE, RWQCB, and CDFW jurisdictional resources.
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Mitigation for RWQCB-jurisdictional waters shall include a minimum 1:1 establishment/ reestablishment to ensure no-net-loss. Final mitigation requirements shall be determined during the permitting process in coordination with the USACE, RWQCB, and CDFW, as appropriate.
MM-BIO-4. The project applicant shall replace impacted mature trees at a minimum 1:1 ratio, unless otherwise determined by the City. The project applicant shall replace protected trees at a minimum 2:1 ratio, unless otherwise determined by the City. The number, size, and species of replacement trees shall be determined on a case-by-case basis by the City’s Director of Community Development. This condition can be satisfied on-site if the project’s landscape plans include the appropriate number of oak trees and other tree species.
MM-BIO-5. The project applicant shall prepare an infectious tree disease management plan for the project. This plan should include a description of how the infectious tree disease management plan will be implemented. All trees that would be removed by the project should be inspected for contagious tree diseases including, but not limited to, thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrilus auroguttatus). To avoid the spread of infectious tree diseases, diseased trees should not be transported from the project site without first being treated using best available management practices relevant for each tree disease observed.
MM-CR-1. Prior to the issuance of a grading permit, the Applicant shall enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a Pre -Excavation Agreement) with a tribe that is traditionally and culturally affiliated with the Project Location (“TCA Tribe”). The purposes of the agreement are (1) to provide the Applicant with clear expectations regarding tribal cultural resources, and (2) to formalize protocols and procedures between the Applicant/Owner and the TCA Tribe for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with t he construction of the Project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, grading, and all other ground-disturbing activities. The agreement shall incorporate, at a minimum, the performance criter ia and standards, protocols, and procedures set forth in mitigation measures MM-CR-2 through MM-CR-10, and the following information:
• Parties entering into the agreement and contact information. • Responsibilities of the Property Owner or their representative, archaeological monitors, and tribal monitors.
• Project grading and development scheduling, including determination of authority to adjust in the event of unexpected discovery, and terms of compensation for the monitors, including overtime and weekend rates, in addition to mileage reimbursement. • Requirements in the event of unanticipated discoveries, which shall address grading and grubbing requirements including controlled grading and controlled vegetation removal in areas of cultural sensitivity, analysis of identified cultural materials, and on-site storage of cultural materials. • Treatment of identified Native American cultural materials. • Treatment of Native American human remains and associated grave goods. • Confidentiality of cultural information including location and data. • Negotiation of disagreements should they arise.
• Regulations that apply to cultural resources that have been identified or may be identified during project construction.
MM-CR-2. Prior to issuance of a grading permit, the Applicant shall provide written verification to the City that a qualified archaeologist and a Native American monitor associated with a TCA Tribe have been retained to implement the monitoring program. The archaeologist shall be responsible for coordinating with the Native American monitor. This verification shall be presented to the City in a letter from the Project archaeologist that confirms the selected Native American monitor is associated with a TCA Tribe.
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The City, prior to any pre -construction meeting, shall approve all persons involved in the monitoring program.
MM-CR-3. The qualified archaeologist and a Native American monitor shall attend all applicable pre - construction meetings with the General Contractor and/or associated subcontractors to explain and coordinate the requirements of the monitoring program.
MM-CR-4. During the initial grubbing, site grading, excavation or disturbance of the ground surface (including both on- and off-site improvement areas), the qualified archaeologist and the Native American monitor shall be present full-time. If the full-time monitoring reveals that the topsoil throughout the Project impact area (both on and off-site) has been previously removed during the development of the roads and buildings within the Project area, then a decrease of monitoring to part-time monitoring or the termination of monitoring can be implemented, as deemed appropriate by the qualified archaeologist in consultation with the Native American monitor. The frequency of subsequent monitoring shall depe nd on the rate of excavation, the materials excavated, and any discoveries of tribal cultural resources as defined in California Public Resources Code Section 21074. The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring considering these factors. Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultura l deposits (i.e., soil conditions are comprised solely of fill or granitic bedrock).
MM-CR-5. In the event that previously unidentified tribal cultural resources are discovered, all work must halt within a 100-foot radius of the discovery. The qualified archaeologist and the Native American monitor shall evaluate the significance of the find and shall have the authority to modify the no -work radius as appropriate, using professional judgment. The qualified archaeologist and Native American Monitor shall co nsider the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c) in determining the significance of a discovered resource. If the professional archaeologist and Native Ameri can monitor determine that the find does not represent a culturally significant resource, work may resume immediately, and no agency notifications are required. Isolates and clearly non -significant deposits shall be documented in the field and collected and monitored grading can immediately proceed. All unearthed archaeological resources or tribal cultural resources shall be collected, temporarily stored in a secure location, and repatriated for later reburial on the project site, pursuant to the terms of the Pre-Excavation Agreement.
MM-CR-6. If the qualified archaeologist and Native American monitor determine that the find does represent a potentially significant tribal cultural resource, considering the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c), the archaeologist shall immediately notify the City of said discovery. The qualified archaeologist, in consultation with the City, the consulting TCA Tribe(s), and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the tribal cultural resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the TCA Tribe(s) and be submitted to the City for review and approval. If the find is determined to be a Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) though (c), appropriate treatment measures will be implemented. Work may not resume within the no-work radius until the City, through consultation as set forth herein, determines either that: 1) the discovery does not constitute a Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) t hrough (c); or 2) the approved treatment and disposition measures have been completed.
M-CR-7. All sacred sites, significant tribal cultural resources, and unique archaeological resources encountered within the Project area shall be avoided and preserved as the preferred mitigation. The avoidance and preservation of the significant tribal cultural resource or unique archaeological resource must first be considered and evaluated in consultation with the TCA Tribe(s) as required by CEQA and in compliance with all relevant mitigation measures for the Project. If any significant tribal cultural resource Resolution No. 2023-04
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or unique archaeological resource has been discovered and such avoidance or preservation measure has been deemed to be infeasible by the City’s Director of Comm unity Development (after a recommendation is provided by the qualified archaeologist, in consultation with the TCA Tribe(s), making a determination of infeasibility that takes into account the factors listed in California Public Resources Code sections 21061.1, 21081(a)(3), and CEQA Guidelines section 15091, and in accordance with all relevant mitigation measures for the Project), then culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a research design and data recovery program to mitigate impacts shall be prepared by the qualified archaeologist (using professional archaeological methods), in consultation with the TCA Tribe and the Native American monitor, and shall be subject to approval by the City. No artifact sampling for analysis is allowed, unless requested and approved by the consulting TCA Tribe(s). Before construction activities are allowed to resume in the affected area, the research design and data recovery program activities must be concluded to the satisfaction of the City.
M-CR-8. As specified by California Health and Safety Code section 7050.5, if human remains are found on the Project site during construction or during archaeolo gical work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office. Determination of whether the remains are human shall be conducted on site and in situ where they were discovered by a forensic anthropologist, unless the forensic anthropologist and the Native American monitor agree to remove the remains to a temporary off -site location for examination.
No further excavation or disturbance of the site or any nearby a rea reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition. A temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native Am erican Most Likely Descendant (MLD) for the project (California Public Resources Code § 5097.98) for proper treatment and disposition in accordance with California Public Resources Code section 5097.98. The designated MLD will have 48 hours from the time a ccess to the property is granted to make recommendations concerning treatment of the remains. If the City does not agree with the recommendations of the MLD, the NAHC can mediate (California Public Resources Code § 5097.94). If no agreement is reached, the remains shall be kept in situ, or reburied in a secure location in close proximity to where they were found and where they will not be further disturbed (California Public Resources Code § 5097.98). Work may not resume within the no work radius until the lead agency, through consultation as appropriate, determines that the treatment measures have been completed to their satisfaction. The analysis of the remains shall only occur on site in the presence of the MLD, unless the forensic anthropologist and the MLD agree to remove the remains to an off-site location for examination.
MM-CR-9. If the qualified archaeologist elects to collect any tribal cultural resources, the Native American monitor must be present during any cataloging of those resources. Moreove r, if the qualified archaeologist does not collect the cultural resources that are unearthed during the ground -disturbing activities, the Native American monitor may, at their discretion, collect said resources for later reburial on the Project site or storage at a local curation facility. Any tribal cultural resources collected by the qualified archaeologist shall be repatriated to the TCA Tribe for reburial on the Project site. Should the TCA Tribe(s) decline the collection, the collection shall be curated at the San Diego Archaeological Center. All other resources determined by the qualified archaeologist, in consultation with the Native American monitor, to not be tribal cultural resources, shall be curated at the San Diego Archaeological Center.
MM-CR-10. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, that describes the results, analysis, and conclusions of the archaeological monitoring program and any data recovery program on the Project site, sh all be submitted by the qualified archaeologist to the City. The Native American monitor shall be responsible for providing any notes or comments to the qualified archaeologist in a timely manner to be submitted with the report. The report will include California Department of Parks and Recreation Primary and Archaeological Site Forms for Resolution No. 2023-04
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