Escondido City Council
February 8, 2023

EXHIBIT A
195
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

Mitigation Measure MM TRANS -1 would mitigate these impacts to a less than significant level by requiring the construction of four crosswalks and one new sidewalk. (Draft MND, pp. 82 -84; Final MND, pp. 83 -84.) The MND asserts these mitigation measures would reduce the VMT generated by the Project by 430 VMT, just barely brin ging VMT back under the City’s significance threshold. ( Id.) However, as set forth below, a careful examination demonstrates that these mitigation measures will not be effective ; the VMT impacts would remain signi ficant.

For this reason alone, CEQA requires the preparation of an EIR.

MM TRANS -1 requires the construction of “new” crosswalks at the following four intersections:

1. N. Ash Street / Vista Avenue:

This location – which is approximately two miles from the Project site – already has crosswalks in all four directions , clearly visible on the above aerial photograph . (See also, Exhibit A, which contains ground level photographs of this intersection taken by my clien t on January 7, 2023, and the other three discussed herein.) The Project cannot take credit for “new” crosswalks when they already exist – even if they are “upgraded” to higher visibility or accessibility – and therefore, the 120 VMT that the MND assumes would be reduced from installing crosswalks at this intersection must be added back to the Project’s total VMT , as the Attachment 3

EXHIBIT A
196
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

crosswalks are part of baseline / existing conditions. (Draft MND, p. 83 .) Indeed, the City’s own adopted VMT Guidelines state that “ [s]pecial attention should be given to ensuring that measures are not double -counted through the transportation analysis process. For example, if a project identifies telecommuting as a reduction strategy, care should be taken to identify the level of tele commuting that has already been assumed as part of the travel demand model through coordination with SANDAG modeling staff or review of SANDAG model documentation available on SANDAG’s website.” 2 (Emph. added.) Here, assuming reductions to VMT would result from construction requiring improvements that already exist is exactly that – double counting.

Further, it is unclear what connection this intersection has to Project-granted vehicle trips, because it is not easily accessible to pedestrians traveling to or from the Project site, seeing that it is two miles away . Finally, this intersection is surrounded by only residential and vacant/open space uses , not destinations (i.e., commercial or other non -residential uses) where pedestrians would typically trav el from their residences. Thus, as discussed further herein, even if the crosswalks did not already exist, a presumption that pedestrians in this area will walk instead of drive to a completely unknown destination is not based on any substantial evidence in the record.

2. N. Broadway / Rincon Avenue:

2https://www.escondido.org/Data/Sites/1/media/Engineering/TIACRAIG/EscondidoTransportati onImpactAnalysisGuidelines2021.pdf, p. 23.

Attachment 3

EXHIBIT A
197
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

This location – which is over a mile from the Project site – also already has crosswalks in all four directions. Thus, just as is the case for th e N. Ash Street / Vista Avenue intersection discussed above, the Project cannot assume any reductions to its VMT based on improvements to this intersection, therefore adding back another 120 VMT to the Project’s total. (Draft MND, p.

83.) Indeed, it is unclear why the MND is taking “credit” for r educing 120 VMT for proposed improvements at each intersection, which this intersection has at least one high visibility crosswalk already. Clearly, the TIA and MND did properly take the actual existing conditions into account.

This intersection is also not within easy walking distance from the Project site, and surrounded by only residential and vacant/open space uses, rather than destinations where pedestrians would typically travel from their residences. Thus, a presumption that pedestrians in this a rea will walk instead of drive to a completely unknown destination is not based on any substantial evidence in the record.

3. Stanley Avenue / Conway Drive:

Attachment 3

EXHIBIT A
198
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

This location is somewhat near to the Project site, and MM TRANS-1 would result in a crosswalk being added on one side. (Draft MND, p. 83.) However, it is still entirely unclear where any pedestrians would be traveling to or from, as this area is surrounded by only residential and vacant/open space uses , and thus there is no substantial evidence i n the record supporting a reduction in Project VMT from crosswalk improvement to this intersection.

4. Lehner Avenue / Conway Drive:

The final intersection is somewhat near to the Project site, and crosswalk s would be added on two sides. (Draft MND, p. 84.) However, it is still entirely unclear where any pedestrians would be traveling to or from, as this area is surrounded by only residential and vacant/open space uses , and thus there is no substantial evidence in the record supporting a reduction in Project VMT from improvements to this intersection.

Attachment 3

EXHIBIT A
199
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

Finally, the proposed new sidewalk would be constructed along the Project frontage on Conway drive (Appendix B, Figure 2 -3), where a sidewalk already exists on the other side of Conway, at least for a portion of the distance:

Again, it is unclear where this sidewalk would take pedestrians in this rural area, and thus, there is no substantial evidence supporting a reduction in Project VMT from this proposed improvement.

In conclusion: At a minimum, the Project cannot take credit for VMT reductions at the first two intersections where four -way crosswalks already exist and therefore, any reductions to VMT are already occurrin g and are part of baseline conditions . As a result, at least 240 VMT must be added back to the Project’s mitigated VMT for a total of 2,358 VMT, which takes the Project’s VMT well over the City’s significance threshold of 2,125 VMT. (See, Draft MND, p

82.) For this reason alone, the City must require the preparation of an EIR.

Attachment 3

EXHIBIT A
200
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

Furthermore, even if all four of the above -discussed intersections did not already have crosswalks, simple logic demonstrates that there is no way adding crosswalks and a sidewal k would actually reduce any VMT generated by the Project, as there is nothing within reasonable walking distance that would replace even one vehicle trip. In response to this office’s previous comment in this regard, the Final MND d id not identify any destinations that these crosswa lks and sidewalks would encourage future residents to walk to. (Final MND, pp. 83 -84.) Likewise, this information is not in the Project’s traffic impact analysis, which instead assigns numerical values to the proposed mitigation measures based solely on a standardized formula, without regard to the actual facts on the ground, and what other uses actually exist near the Project site. (MND Appendix J [Transportation Impact Analysis, Escondido North LLC, prepared by Linscott, Law, & Greenspan, dated October 6, 2022 (“TIA”)], pp. 20 -23.) The actual facts on the ground – and the very low likelihood any future Project residents would walk anywhere instead of driving – constitutes substantial evidence in support of a fair argument that the Project may result in significant impact relating to transportation/traffic, again requiring the preparation of a full EIR.

Finally, the proposed mitigation has no enforcement mechanism, as it depends entirely on voluntary actions taken by individuals – which may or may not choose to walk instead of drive due to the existence of a crosswalk or sidewalk – rather than a legally enforce able measure that ensures impacts will be mitigated, as required by CEQA. Mitigation measures that are unrealistic and unlikely to be implemented create an illusory analysis and should not be relied upon. (Cleveland Nat’l Forest Found. v. San Diego Ass’n of Gov’ts (2017) 17 Cal.App.5th 413, 433.) A reviewing court will not defer to the agency ’s determination that mitigation measures will work when their efficacy is not apparent and there is no evidence in the record showing they will be effective in remedying the identified environmental problem. (Sierra Club v County of San Diego (2014) 231 Cal.App.4th 1152, 1168 [no evidence that recommendatio ns for reducing greenhouse gas (GHG) emissions would function as enforceable or effective mitigation measures]; see also, King & Gardiner Farms, LLC v . County of Kern (2020) 45 C al.App.5th 814, 866; Gray v County of Madera (2008) 167 C al.App.4th 1099, 1116.) When the effectiveness of a mitigation measure is not apparent, the CEQA document must include facts and analysis supporting its characterization of the expected result. (Sierra Club v County of Fresno (2018) 6 C al. 5th 502, 522. ) Substantial evi dence supports a fair argument that the proposed VMT mitigation measures are not enforceable , and thus the Project may result in a significant impact on the environment.

B. The MND Does Not Disclose or Analyze the Impacts from the Truck Trips Required to Import 55,000 Cubic Yards of Dirt to the Project Site The Draft MND states that “[t]he mass grading of the site requires approximately 59,200 cubic yards of cut and 99,600 cubic yards of fill,” and that for the purposes of analyzing impacts, the MND assumes the Project will require 55,000 cubic yards of imported dirt. (Draft MND, p.

8.) However, the MND makes no effort to quantify the number of truck trips that would be Attachment 3

EXHIBIT A
201
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

required to haul this dirt to the Project site in order to analyze both the associate d air quality and transportation/traffic impacts of the same. Incredibly, the word “truck” does not appear anywhere in the Project’s TIA.

Most full size dump trucks have a capacity of between 10 and 16 cubic yards. 3 Thus, even assuming the highest capacity of 16 cubic yards, importing this much dirt would result in approximately 6,875 one way truck trips . The MND’s failure to analyze (or even disclose) this many truck trips directly adjacent to/surrounded by sensitive receptors (single family residences), on small , relatively rural roads, indicates that there is substantial evidence supporting a fair argument that these trips would result in significant air quality, greenhouse gas, noise , hazards and transportation/ traffic impacts , and demonstrates that the MND fails as an informational document. Thus, t hese truck trips must be quantified, disclosed, analyzed and mitigated as part of the full EIR.

C. The MND Failed to Analyze Line-of-Sight for the Project’s Access This office’s comment on the Draft MND expressed concern about the safety of the Project’s access point s, and the fact that no line -of-sight analysis was done. In response, the Final MND asserted this analysis was done, citing Section 12 of the Project’s TIA. However, Section 12 in its entirety states the following:

12.0 PROJECT ACCESS
As described in Section 2.0, access to each Project sites are the following: F Lot The F Lot’s site access is proposed via one full access driveway along Lehner Avenue. H Lot The H Lot’s site access is proposed via two (2) full access driveway: along Conway Drive serving up to 10 multifamily attached units and along Stanley Avenue serving the single family detached units. These access will function adequate ly and dedicated left-turn lanes into the site are not necessary.

Clearly, no actual line -of-sight analysis was done, and this office’s previous comment provides substantial evidence of a fair argument that the Project may result in a significant impact in this regard. (See, November 17, 2022 letter, pages 12-13, Exhibit D thereto.)

3 see, https://www.jdpower.com/cars/shopping-guides/how-many-cubic-yards-are-in-a-dump- truck#:~:text=Dump%20Truck%20Cubic%20Yardage%20%2D%20The,10%20and%2016%20c ubic%20yard; https://www.earthhaulers.com/how-much-dirt-can-a-dump-truck-carry/; https://www.lynchtruckcenter.com/how-much-can-a-dump-truck-carry/ Attachment 3

EXHIBIT A
202
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

D. The MND Does Not Properly Evaluate the Project’s Potentially Significant Impacts Relating to Wildfire
The MND also completely fails to discuss and analyze fire evacuation routes and estimated evacuation times (MND, p. 52), which recent case law holds is required in order to comply with CEQA. (Newtown Preservation Society, et al. v. County of El Dorado, et al. (2021) 65 Cal.App.5 th 771; Sierra Watch v. County of Placer (2021) 69 Cal.App.5th 1.) The MND similarly ignores guidance from the state Attorney General requiring the same, attached hereto as Exhibit B and available here: https://oag.ca.gov/system/files/attachments/press- docs/Wildfire%20guidance%20final%20%283%29.pdf.

This is particularly problematic here where the Project is being proposed in an area susceptible to wildfires, and for the Project at issue here, which crams 56 new residential units (and retains 2 existing units) onto 14 acres without requiring any “capacity enhancing” improvements to existing roadways to improve traffic or evacuation times. Clearly, substantial evidence supports a fair argument that the Project may result in a significant impact in this regard. The MND’s wildfire and hazards/hazardous materials sections are legally deficient for this same reason. (Draft MND, pp. 52-54, 95-96.)
This o ffice made a similar comment on the Draft MND, but it was completely dismissed, and no information regarding evacuation times or anything else required by the above-cited case law and Attorney General guidance was provided. (Final MND, pp. 76-77.) E. The MND Is Deficient In A Number Of Other Respects , Also Requiring The Preparation Of An EIR
Finally, this office stands by all of its previous assertions as set forth in its original November 17, 2022 letter comment on the Draft MND , none of which were cur ed by the Final MND’s cursory and legally inadequate response to comments. These assertions include that the MND’s air quality, biological resources, geological and soils, energy, hazards and hazardous materials, greenhouse gas, noise, housing, public services and recreation are all flawed for the detailed reasons set forth in previous correspondence, and ultimately indicate that the preparation of an EIR is required.

Attachment 3

EXHIBIT A
203
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

III. The Project Does Not Comply With The Site’s General Plan Land Use Designation , Zoning Or Density Bonus Law For A Number Of Other Reasons A. Duplexes Are Not Permitted Uses On The Site, And Density Bonus Law Does Not Allow The City To Amend Permitted Uses Without A General Plan Or Zoning Code Amendments
There is no dispute that d uplexes – along with all other multifamily residential uses – are not permitted uses on the Project site , either under its existing General Plan land use designations (Estate II & Suburban) or zoning districts (R-E and R-1). Yet, the Project proposes 10 duplex units as its income restricted affordable units, while the remainder of the Project would be single family homes.

While this was not discussed at all in the Draft MND, the Final MND asserted – for the first time – that Density Bonus Law allows the City to authorize a different use than otherwise permitted as a “zoning concession ” pursuant to Government Code section 65915(k) . (Final MND, p. 103.) As discussed above, evidence of actual and identifiable cost reductions required to support this concession has not been provided to the City.

Even if the actual and identifiable cost reductions were properly identified, allowing a use that is not a permitted use under either the applicable General Plan land use designation or zoning district does not qualify for a concession, which is defined as “[a] reduction in site development stand ards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards . . . including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular par king spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as spe cified in subdivision (c). ” (Government Code § 65915(k)(1).) Simply put, nothing in the state Density Bonus Law provides authority for allowing a complete change of a permissible use as a concession, as compared to a reduction of zoning standards such as setbacks and design guidelines to allow the same type of use where it might otherwise not “fit” or would be cost prohibitive.

On a related note, t he assertions in the Final MND that the inclusion of a use type not permitted by the General Plan and zoning designations is not a CEQA impact is simply wrong.

The proposed concession, along with the ten waivers, result in unique impacts when compared to otherwise permitted uses, and these impacts were not adequately analyzed in the MND. In particular, allowing a use not otherwise permitted is a significant land use impact that requires the preparation of a full EIR , and this was not even discussed at all in the Draft MND . Further, the flawed discussion of land use issues infects the entire MND, and virt ually all sections must be revised as part of an EIR – or at minimum, a recirculated MND – in order to comply with CEQA.

Attachment 3

EXHIBIT A
204
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

B. The Project Fails To Provide Affordable Units That Are Of Similar Quality And Type To The Market Rate Units
As explained in this office’s previous letters, the provision of 10 multifamily duplex units as the affordable units on one lot, with 46 single family homes on their own lots as the market rate units, violates both state law and the City’s own requirement that the afforda ble units must be of a similar caliber as the market rate units to qualify for a density bonus. (EMC § 33 -1417(f) [“Design consistency. The design and appearance of the target units shall be consistent or compatible with the design of the total housing de velopment in terms of appearance, materials, and finished quality”].) This also violates other similar provisions of the EMC, which states that a density bonus project’s affordable units should be dispersed throughout the housing development, not concentr ated on one of 47 parcels, as proposed here. (EMC § 33 -1417(b).) The EMC also requires the bedroom mix for the affordable units to be equal to the bedroom mix for the market rate units – since this is currently unknown, the Project does not meet this requirement, either . (EMC § 33 -1417(d).) Therefore, the City cannot approve the proposed density bonus Project.

C. The Applicant Has Artificially Inflated The Density Bonus By Calculating Bonuses Per Existing Parcel
The Project applicant has calculated t he total density bonus for the Project by calculating the total potential bonus for each individual existing parcel, rounding each figure up, and then totaling all of those figures. While Density Bonus Law does require rounding up, it is done on a project-wide basis, with only one figure rounded up, rather than “compounding” the rounding parcel by parcel to artificially inflate the total b onus number. Page six of the City ’s staff report to the Planning Commission noted that this is not how the density bonus amount is calculated for any other projects in the City.

This method of calculation is flawed not only because of the compounded rou nding, but further, there are no affordable units planned on a number of the existing parcels, meaning that the density bonus for those parcels should be zero. Finally, if the Project were to be approved, none of the existing parcels would continue to exi st, as the Project would be subdivided in 47 total lots, with all ten affordable units all on one lot. There is no support – logical or legal – for calculating the bonus based on parcels that, if the Project is approved, would not even exist.

Thus, the density bonus number should be recalculated on a project -wide basis, and the Project revised accordingly. My client is directly submitting a PowerPoint presentation discussing some of these issues, and an excerpt of which is attached as Exhibit C. ***
Attachment 3

EXHIBIT A
205
Item8.

Honorable Mayor and City Council
January 10, 2023

2523/037477-0001
18681629.2 a01/10/23

The Project’s extremely aggressive density bonus calculation, proposed concession to allow development of an otherwise prohibited use, and ten separate and significant waivers from development standards all make clear that the Project applicant – who will be gone forever once the Project is approved, and will have no involvement in the Project – is solely interested in squeezing as many units as possible on the Project site to maximize return , and has little interest in developing a good project for the City or considering and mitigating all impacts in compliance with applicable law.

For all the foregoing reasons, my clients respectfully request that the City Council either (1) outright deny approval of the Project as inconsistent with state Density Bonus Law, the City’s density bonus regulations, and the City’s General Plan and zoning, or (2) deny approval of the MND, and instead require the preparation of a full EIR. I look forward to attending the City Council’s public hearing (along with my clients and other neighbors) , and will be available to answer any questions that the City Council may have.

Sincerely,
Kelsey E. Quist
Attachments: Exhibit A: Excerpt of MND and Street Level Photographs of Intersections Referenced in Transportation Mitigation Measures
Exhibit B: Attorney General Guidance: Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under the California Environmental Quality Act
Exhibit C: Density Bonus Calculations
Attachment 3

EXHIBIT A
206
Item8.

Crosswalks and
signals are already
on all 4 legs.

Crosswalks and
signals are already
on all 4 legs.
1 2
3 4
Attachment 3

EXHIBIT A
207
Item8.
1 N. Ash – Vista
Intersection
Fully equipped with
sidewalks and signals
Broadway-Rincon
Intersection
Fully equipped with
sidewalks and signals
2 Attachment 3

EXHIBIT A
208
Item8.
4 Crosswalk on south
leg of intersection
Lehner-Conway
Crosswalk on west leg of Stanley- Conway
Attachment 3

EXHIBIT A
209
Item8.

Best
Practices fo
r Analyzing an
d Mitigating Wildfire Impacts of
De
velopment Projects Under th
e Ca
lifornia Environmental Quality Act
I. In
troduction
Wild
fires are par
t of California’s pr
esent, and with the effects of climate change, an increasing par
t of our fu
ture. Develo
pment in fire-pr
one areas increases the likelihood that more
des
tructive fires will ignite, fir
e-fig
hting resources will be taxed, mo
re hab
itat and peo
ple will be
pu
t in
harm’s way or displaced, and mo
re structures will burn. It is ther
efore imp
erative that
loc
al jurisdictions making decisions to approve new developments car efully co
nsider wild
fire
imp
acts as
part of the environmental review process, p
lan where best to plac
e new
dev
elopment, and mitigate wildfire impacts to the extent feasible.

Th
is guidance is des
igned to
help lead agenc
ies1 co
mply with the
California Environmental
Qu
ality Act, Pu
blic Resources Code, section 21000 et seq. (CEQA), wh
en considering whether
to
app
rove projects in wild
fire-pr
one areas. These areas are often in the wild
land-ur
ban interface,
gener
ally defined as the area where the built environment meets or intermingles with the natu
ral environment.2 The
California Department of For
estry and Fire Protection (CAL FIRE) has

clas
sified lands based on fire hazard, the highest being those classified as high or very
hig
h fire
hazard
sever
ity zon
es. It has
also identified areas where the State (as opposed to a local agency) has
responsibility
for fire-fi
ghting.3 Par
ticularly in these high-ris
k areas, but also throughout the
1 Lead ag
encies are any public agencies wit
h “prin
cipal responsibility for carrying out or approving a
pro
ject which may have a significant effect upon t
he environment.” (Pub
. Resources Code, § 21067.)
2 CA
L FIRE has published an instructive map on the wildland-urba n interface in California: htt
ps://frap.
fir
e.ca.gov/media/10300/wui_19_ada.pdf. The wil
dland-urba
n interface is de
fined differently by
dif
ferent agencies for different purposes, but the most widely used definition for wildfire purposes inc
lude the intermix and interface areas mapped by Radeloff et al. 2005, 2018. See Volk er C. Radeloff, et
al., Rap
id Gro
wth of the
US Wild
land-Urba
n Int
erface Rais
es Wild
fire Risk. PRO

CEEDINGS OF THE NAT
IONAL
ACA

DEMY OF SCIE

NCES US
A, 11
5(13):3314-33
19 (2018), availa
ble at htt
ps://www.pnas.org/doi/10.1073
/pnas
.1718850115.
3 See
htt
ps://osfm.fire.ca.gov/divisions/community-wil
dfire-prepar
edness-and-mit
igation/wildland-
haz
ards-buil
ding-co
des/fire-haz
ard-sev
erity-zo
nes-map
s/. No
te that areas mapped by CAL FIRE as high
or
very high fire haz
ard ar
e not always c
oextensive with the wil
dland-urba
n interface. In add
ition, CA
L
FIRE’s ma
ps are currently in the process of being updated and lead agencies should consult with CAL

Attachment 3

EXHIBIT A
210
Item8.
w
ildland-u
rban interface,
wildfire risks must be considered during the environmental review p
rocess f
or in
dividual development projects.

T
his guidance p
rovides s
ugges
tions for how best to comply with CEQA when an
alyzing an
d
m
itigating a p
roposed project’s
impacts on wildfire ignition risk, emergency access, and ev
acuation.4 T
his guidance is aimed at p
roposed d
evelopment projects, such as residential,
r
ecreational,
or commercial developments.5 T
he extent to which it applies will inherently vary
b
y project, based on project design and location. T
his document does not impose additional
r
equirements on local gover
nments or alter any applicable laws or regulations. Rath er, it is
in
tended to provide guidance on s
ome of th
e is
sues, alternatives, and mitigation measures that
s
hould be considered during the environmental review process. T his guidance is based on the
Off
ice of the Attorney General’s experience reviewing, commenting on, and litigating CEQA d
ocuments for projects in high wildfire prone areas, and is intended to assist lead agencies with th
eir planning and approval of future projects. The guidance reflects c urrent requirements and
c
onditions and may need to be updated as changes occur.

II. Ba
ckground

A
lthough wildfires are an
d have been an
important natural process th
roughout C
alifornia’s

h
istory, r
ecent c
hanges in fire frequency, intensity, and location ar
e posing increasing threats to
th
e residents an
d environment o
f California. More acres o
f California h
ave burned in the past
d
ecade than in the p
revious 9
0 years6 an
d eight of the State’s ten largest fires since 1932 have o
ccurred in the last decade.7 W
hile lightning is a common cause of some of the State’s largest F
IRE bef
ore relying on the classifications listed on this map. CAL FIRE’s list of s
tate res
ponsibility areas
(
defined as areas where the State of California, as
opposed to a local agency, is
financially responsible
f
or prevention and suppression of wildfires) can be found at: ht tps://calfire-f
orestry.maps.arcgis.com/
ap
ps/webappviewer/in
dex.html?id=468717e399fa4238ad86861638765ce1. E
ach county should have a
m
ap of the very high or high fire hazard severity zones in its jurisdi ction, and they are also included on
t
he CAL FIRE zone map: ht
tps://egis.fire.ca.gov/FHSZ/.
4 Re
aders who want t
o determine their legal obligations u
nder CEQA s
hould consult their own attorney
f
or legal advic
e.
5 T
his guidance is
not intended to apply to state and local agency fire management activities, such as pr
escribed burns, approval of vegetation management plans to reduce wildfire risk, and review of t
imber harvesting plans.
6 CA

L FIRE, T
op 20 Largest California Wildfires (
Jan. 1
3, 2022), avai
lable at ht
tps://www.fire.ca.gov
/m
edia/4
jandlhh/top20_acres.pdf. S
ee also H
ugh D. Safford et al., T
he 2020 California Fir
e Sea
son: A
Yea
r Lik
e No Ot
her, a Ret
urn to the Pa
st or a Ha
rbinger of the Fu
ture? (
Apr. 1
7, 2022) GL

OBAL EC
OLOGY
A

ND BIOG
EOGRAPHY, avail
able at ht
tps://onlinelibrary.wiley.com/doi/10.1111/geb.13498?af=R. 7 P
aul Rogers, M
ap: 1 of Ev
ery 8 acres in California has Bu
rned in the La
st 10 Yea
rs. H
ere’s Wh
ere the
Big
gest Fir
es Sp
read—a
nd are Bu
rning Now, M
ercury News (Sept. 2
9, 2021), avail
able at
ht
tps://www.mercurynews.com/2021/09/29/top-10-c
alifornia-w
ildfires-m
egafires-m
ap/. N
otably, the
la
rge fires of late are not unprecedented in the Stat
e’s history with similarly large fires occurring
s
pecifically during the 1920s. See Jon E. Keeley & Alexandra D. Syphard, L arge California Wildfires: 2020
Attachment 3

EXHIBIT A
211
Item8.
f
ires, in recent years, many of the State’s most destructive fires have been caused by human ac
tivity
, such as downed powerlines or electrical sources associated with residential d
evelopment or industrial facilities.8

W
ildfires can have dramatic, adverse ecological impacts. Frequent wildfires can result in habitat lo
ss and fragmentation, shifts in vegetat
ive compositions, reductions in small mammal
p
opulations, and accelerated loss of predatory species.9 W ildfire can also have adverse impacts
o
n erosion and water quality. During active burning, ash and associated contaminants can enter w
ater supplies. L
ater, after large burns, rainstorms can flush vast amounts of sediment from ex
posed soils into those same water supplies.10

W
ildfires also have tragic consequences for California’s residents. Since 2010, wildfires have k
illed nearly 1
50 people in C
aliforn
ia11 an
d, since 2005, wildfires have destroyed over 97,000
s
tructures,12 r
equiring mass evacuations and ex
acerbating the Stat
e’s already-p
ressing need for
m
ore housing. In
addition, wildfire smoke is unhealthy to breathe and is a public health conc
ern.13 Fu
rther, wildfire losses are not experienced equally. Lower-in come households are
m
ore likely to lose all of their assets and less likely to have adequate insurance to cover their lo
sses.14 Meanw
hile, the costs of wildfire suppression and resiliency have bec ome significant. In
F
ires in Historical Context (A
ug. 25, 2
021) FIR
E EC
OLOGY, a
vailable at ht
tps://fireecology.s
pringeropen.com
/ar
ticles/10.1186/s42408-021-0
0110-7.
8 S
ee CA

L FIRE, T
op 20 Largest California Wildfires (Jan. 1
3, 2022), ava
ilable at ht
tps://www.fire.ca.gov
/m
edia/4jandlhh/top20_acres.pdf; C
alFire, Top 20 Most Destructive California Wildfires (Jan. 1 3, 2022),
avai
lable at ht
tps://www.fire.ca.gov/media/t1rdhizr/top20_destruction.pdf. 9 S
ee A
lexandra D. Syphard, et al., H
uman Influence on California Fire Regimes. EC

OLOGICAL AP

PLICATION
1 7:1388-1
402 (2007).
10 U
nited States Environmental Protection Agency, Wildfires: How do They Affect Our Water Supplies?
(
Aug. 1
3, 2019), avai
lable at ht
tps://www.epa.gov/sciencematters/wildfires-ho
w-do-t
hey-af
fect-o
ur-
w
ater-s
upplies#:~:text=Vegetation%20that%20holds%20soil%20in,%2C%20rivers%2C%20and%20 do
wnstream%20reservoirs.
11 CA

L FIRE, T
op Deadliest California Wildfires (Oct. 2
2, 2021), avai
lable at ht
tps://www.fire.ca.gov/
m
edia/lbfd0m2f/top20_deadliest.pdf.
12 H
eadwaters Economics, Wildfires Destroy t
housands of structures each year (Nov. 2
020, updated Aug.
2 022), avai
lable at ht
tps://headwaterseconomics.org/natural-ha
zards/structures-des
troyed-by-w
ildfire/.
13 S
ee Kurtis Alexander, Ca
lifornia Ra
nks Wo
rst in Na
tion for Air Po
llution Bec
ause of Wil
dfire Sm
oke, S.F.

C
hronicle (Ju
ne 23, 2022), avai
lable at ht
tps://www.sfchronicle.com/bayarea/article/california-ai r-
qu
ality-1
7259687.php. S
ee also Lora Kolodny, T
he West Coast Is Su
ffering from So
me of the Wo
rst Air
in
t
he Wo
rld — Th
ese Ap
ps Sh
ow Ho
w Ba
d it Is, C
NBC (Sept. 1
3, 2020), available at ht
tps://www.cnbc.com/
2 020/09/12/air-qu
ality-apps-pu
rpleair-ai
rnow-iq
air-ess
ential-in-w
estern-us
.html;
and California Air
Re
sources Board, Pro
tecting Yourself from Wildfire Smoke, avail
able at ht
tps://ww2.arb.ca.gov/
pr
otecting-you
rself-w
ildfire-s
moke.
14 C
alifornia Council on Science and Technology, The Costs of Wildfire in California (Oct. 2 020), at
p. 69,
avai
lable at ht
tps://ccst.us/reports/the-c
osts-of-w
ildfire-in-c
alifornia/.

Attachment 3

EXHIBIT A
212
Item8.
2 021, the Stat
e invested $1.5 billion in
wildfire resiliency efforts, and the 2022-2
023 budget
in
cludes an additional $1.2 billion to support wildfire and forest resilience.15 T he changing
n
ature of wild
fires, under v
arious m
etrics—fr
equency, area b
urned, ad
verse ecological impacts,
th
e number of Californians displaced—is a
worsening crisis that will u
nfortunately b
e part of
C
alifornia’s future.16

A
s of 2010, ab
out one-th
ird o
f C
alifornia’s h
ousing units were located within
the w
ildland-u
rban
in
terface.17 Res
idential d
evelopments in
the w
ildland-u
rban interface an
d other wildfire prone
ar
eas c
an significantly increase th
e risks of wildfires and the risk to public safety f
or s
everal
r
easons. First, introducing more people—v
ia additional development—i
nto a flammable
lan
dscape increases the likelihood of:
(1) a
wildfire igniting d
ue to the increased presence of
p
eople; and (2) the ignition becoming a wildfire because of the placement of homes amongst
th
e flammable vegetation.18 Sec
ond, building housing units in the w
ildland-u
rban interface p
uts
m
ore people in harm’s way.19 Wild
fires, particularly those that impact developments in
r
elatively remote locations, m
ay im
pede th
e ev
acuation of c
ommunities and emergency access,
m
aking it more difficult to ensure public safety and to limit, control, or extinguish wildfires.

Fin
ally, fires in remote locations require significant fire-f ighting resources and mobilization of
f
ire-f
ighters from all over
the State—p
utting a major strain on the State’s fire-f
ighters and the
Stat
e’s budget. P
ut simply, b
ringing more people in
to or near flammable wildlands leads to
m
ore frequent, in
tense,
destructive, costly, and dangerous w
ildfires.20
15 G
avin Newsom, California State Budget (2022-2
023), at
p. 61, avai
lable at ht
tps://www.ebudget.ca.
g
ov/FullBud
getSummary.pdf;
California State Budget, Budget Addendum (2021-2
022), at
p. 3
, available
at
ht
tps://www.ebudget.ca.gov/BudgetAddendum.pdf.
16 S
ee C
alifornia Council on Science and Technology, T
he Co
sts of Wildfire in California (
Oct. 2
020), at
p.
17, avai
lable at ht
tps://ccst.us/reports/the-c
osts-of-w
ildfire-in-c
alifornia/.
17 C
ommunity Wildfire Planning Center, Land Use Planning Approaches in the Wildland-U rban Interface
(
Feb. 2
021), at
p.
7, available at ht
tps://www.communitywildfire.org/wp-c
ontent/uploads/2021/02/
C
WPC_Land-U
se-W
UI-Re
port_Final_2021.pdf;
see also Heather Anu Kramer, et al., H
igh W
ildfire
Da
mage in Interface Communities in Ca
lifornia (2019) IN

TERNATIONAL JO

URNAL OF WIL

DLAND FIR
E, avail
able
at
ht
tps://www.fs.usda.gov/nrs/pubs/jrnl/2019/nrs_2019_kramer_001.pdf. A t the current rate of
g
rowth and under current growth patterns, it is anticipated that an additional 645,000 housing units will be dev
eloped in areas designated by CAL FIRE as very high fire hazard severity zones by 2050. N ext 10,
Re
building for a Resilient Recovery: Planning in
California’s Wildland Urban Interface (June 2021), at
p. 9,
avai
lable at ht
tps://www.next10.org/publications/rebuilding-r
esilient.
18 S
ee Alexandra D. Syphard, W
hy Are s
o Ma
ny St
ructures Bu
rning in California? (
2020) Fremontia, 47(
2),
at
p. 29
; Vo
lker C. Radeloff, et al., Ra
pid Gro
wth of the US Wil
dland-Urb
an In
terface Ra
ises Wil
dfire Ris
k.

PR

OCEEDINGS OF THE NA

TIONAL AC

ADEMY OF SC

IENCES U
SA, 1
15(13):3314-3
319 (2018).
19 S
ee H
eather Anu Kramer, et al., H
igh W
ildfire Damage in Interface Communities in California (2019) In
ternational Journal of Wildland Fire, available at ht
tps://www.fs.usda.gov/nrs/pubs/jrnl/2019/
nr
s_2019_kramer_001.pdf; Vo
lker C. Radeloff, et al., Ra
pid growth of the US wildland-Urb
an interface
ra
ises wildfire ris
k. PR

OCEEDINGS OF THE NA

TIONAL AC

ADEMY OF SC

IENCES U
SA, 1
15(13):3314-3
319 (2018).
20 S
ee M
ichael L. Mann, et al., In
corporating Anthropogenic Influences into Fire Probability Models:

E
ffects of Human Activity and Climate Change on Fire Activity in C alifornia (A
pr. 28, 2
016) PLOS ONE
Attachment 3

EXHIBIT A
213
Item8.

III. W
ildfire and Land Use Planning

W
hile this guidance is focused on best practices to disclose, analyze, and mitigate wildfire im
pacts in compliance with CEQA, it is
important to note that general planning also provides a c
ritical opportunity for local jurisd
ictions to think p
roactively ab
out how to accommodate their
h
ousing and development needs while reducing the risks of wildfire.21 In the last ten years, n
ew
leg
islation has p
assed requiring local jurisdictions to c
onsider w
ildfire r
isks in
their g
eneral
p
lann
ing p
rocesses.22 T
he Governor’s Office of Planning and Research (OPR) recently published c
omprehensive guidance to help local agencies comply with these requirements.23 W e
enc
ourage local jurisdictions to consult this guidance and to thoughtfully plan for new
d
evelopment given the increasing risk of wildfires throughout the state.24 1 1(4), available at ht
tps://journals.plos.org/plosone/article?id=10.1371/journal.pone.0153589; A lexandra D.

S
yphard, W
hy Are s
o Ma
ny St
ructures Bu
rning in California? (
2020) FR
EMONTIA, 47(
2), at pp. 28-35,
avai
lable at ht
tps://pubs.er.usgs.gov/publication/70215982; A
lexandra D. Syphard, et al., L
and Use
P
lanning and Wildfire: Development Policies Influence Future Probability of Housing Loss (2013) PLOS
ON
E, available at ht
tps://journals.plos.org/plosone/article/file?id=10.1371/journal.pone.0071708& t
ype=printable; s
ee also F
inal Statement of Reasons for Regulatory Ac
tion re Amendments to the State
C
EQA Guidelines OAL Notice File No. Z-2018-0116-1
2 (“Statement of Reasons”)
, at
p.
87, avai
lable at
ht
tps
://resources.ca.gov/C
NRALegacyFiles/ceqa/docs/2018_CEQA_Final_Statement_of%20Reasons_ 1 11218.pdf.
21 S
ee Alexandra D. Syphard, W
hy Are s
o Ma
ny St
ructures Bu
rning in California? (
2020) FR
EMONTIA, 47(
2),
at
p. 33, avail
able at ht
tps://pubs.er.usgs.gov/publication/70215982 [
concluding that “the most
ef
fective strategy at reducing future structure loss would focus on reducing the extent of low-dens ity
ho
using via careful land planning decisions”].
22 S
ee Sen Bil
l No. 1
241 (2
011-2012 Re
g. Sess.), am
ending and/or adding G
ov. C
ode, §§ 6
5302, s
ubd.
(
g)(3), 65302.5, s
ubd. (
b), and 66474.02) [requiring local jurisdictions within state responsibility areas or ve
ry high fire hazard severity zones to address wildfire risk when up dating their safety elements and to
s
ubmit their draft updates to the State Board of Forestry and Fire Protection for review]; Sen. Bil l No. 9
9 (
2019-2
020 Reg. Sess.), am
ending G
ov. Code, § 65302, s
ubd. (
g)(5) [requiring upd
ated s
afety elements
t
o identif
y residential developments within hazard areas that do not have at least two evacuation r
outes]; As
sem. Bil
l No. 7
47 (2019-2
020 Reg. Sess.), add
ing G
ov. Code, § 65302.15 [r
equiring lo
cal
j
urisdictions to update their safety element to address the capacity o f evacuation routes under a range
o
f various emergency scenarios]; As
sem. Bil
l No. 1
409 (2
020-2
021 Re
g. Sess.), am
ending G
ov. Code,
§ 6
5302.15 [r
equiring t
hat safety elements identify locations where people can evacuate to]. 23 G
overnor’s Office of Planning and Research, Fire Hazard Planning Technical Advisory, 2 022 Update
(A
ug. 2022)
, available at ht
tps://opr.ca.gov/docs/20220817-F
ire_Hazard_Planning_TA.p
df;
and
W
ildland-U
rban Interface Planning Guide: Examples and Best Practices for California Communities (Aug. 2 022), available at ht
tps://opr.ca.gov/docs/20220817-C
omplete_WU
I_Planning_Guide.pdf.
24 L
ocal jurisdictions that have complied with their general planning obligations, including incorporating w
ildfire and evacuation planning considerations into their general plans, may benefit from streamlined C
EQA requirements at the
project approval level. If a development project is consistent with an updated g
eneral plan and an envir
onmental impact report (E
IR) w
as prepared for that plan, the CEQA review for
t
he project may be limited to the parcel-s
pecific impacts of the project o
r impacts that new information,
Attachment 3

EXHIBIT A
214
Item8.

I
V. Ana
lyzing and Mitigating Wildfire Risk Impacts U
nder C
EQA

A. C
EQA’s requirements for analyzing wildfire risks

C
EQA requires local jurisdictions considering develo
pment projects to prepare an
env
ironmental impact report (EIR) or a mitigated negative declaration25 if the project may
p
otentially have a significant impact on the environment and is not otherwise exempt from C
EQA.26 U
nder CEQA, local jurisdictions may act as lead agencies with responsibility for p
reparing the EIR (or other CEQA document), or as responsib le agencies relying on an EIR
p
repared by a lead agency. C
EQA provides a
critical p
rocess f
or local jurisdictions to understand
h
ow new developments will exacerbate existing wildfire risks, allo wing them to consider project
d
esign features, alternatives, an
d mitigation measures that provide for s
marter development
an
d the protection of existing communities.

T
he CEQA Guidelines27 r
equire that an EIR include a description of the physical environmental c
onditions in the vicinity of the project, at the time the notice of preparation is published, or if n
o notice of preparation is published, at the time environmental analysis is commen ced.28 T
his
“b
aseline” of existing environmental conditions is generally used to determine the significance o
f project-r
elated impacts. In the EIR’s discussion of the existing environmental conditions, lead ag
encies should include information about open sp
ace areas and habitats within the project
ar
ea that may be fire prone, as well as a discussion of fire history and fuels on the project site.

In
cluding a discussion of existing available water supplies for fire-f ighting is also critical.

P
roviding detail ab
out existing environmental conditions at the project site that may exacerbate o
r minimize wildfire impacts will help ensure that the EIR fully considers the project’s impacts o
n wildfire risk.

Th
e CEQA Guidelines require an analysis of “any significant env ironmental effects the project
m
ight cause or risk exacerbating by bringing development and people into the area affected,” in
cluding by locating development in wildfire risk areas.29 T he “en
vironmental checklist form” in

A
ppendix G of the CEQA Guidelin
es, Sec
tion XX, d
irects lead ag
encies to as
sess whether
ar
ising sin
ce adoption of the general plan, shows will be more significant than described in the prior EIR. (P
ub. Resources Code, § 21083.3; CEQA Guidelines, § 15193). 25 W
here “E
IR” is
used in this guidance it s
hould al
so be c
onsidered to refer t
o a mitigated negative
dec
laration.
26 P
ub. Resources Code, §
21067; CEQA Guidelines, §§ 15050 and 15367.
27 T
he CEQA G
uidelines are f
ound at California Code of Regulations, title 14, section 15 000, et seq.
28 C
EQA Guidelines, § 15125.
29 C
EQA Guidelines, § 1
5126.2.

Attachment 3

EXHIBIT A
215
Item8.
p
rojects lo
cated in
or near stat
e re
sponsibility ar
eas or lands classified as ve
ry hig
h fir
e hazar
d
sev
erity zo
nes,30 w
ould:
a) Su
bstantially impair an adopted emergency response plan or em ergency evacuation
p
lan;
b) D
ue to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby ex
pose project occupants to pollutant concentrations from a wildfire or the u
ncontrolled spread of a wildfire;
c) Req
uire the installation or m
aintenance of associated infrastructure (such as roads, fuel b
reaks, emergency water sources, power lines or other utilities) that may exacerbate f
ire risk or that may result in temporary or ongoing impacts to the environment; or
d) E
xpose people or structur
es to significant risks, including downslope or downstream f
looding or landslides, as a result of runoff, post-f
ire slope instability, or drainage
c
hanges.31
In
addition to
the four questions above, Sec
tion IX(g) of th
e checklist broadly d
irects lead
ag
encies to c
onsider whether a project will “expose people or structures, either directly o r
in
directly, to a significant risk of loss, injury or death involving wildland fires.”32 In answering
th
ese questions, lead agencies
must consider both on- an
d off-s
ite impacts.33
B. Ana
lyzing a pr
oject’s impact on wildfire ri
sks
Sev
eral variables should be considered in analyzing a project’s impact on wildfire risk, including:
• P
roject Density: P
roject density in
fluences how likely a f
ire is to start or spread, an
d
h
ow likely it is
that th
e development and its o
ccupants w
ill be in d
anger when a fire
s
tarts. Fire spread and structure loss is more likely to occur in low- to intermediate-
d
ensity developments.34 T
his is because there are more people present to ignite a fire (
as compared to undeveloped land), and the development is not concentrated enough 30 S
ee footnote 1 for more information on state responsibility areas and very high fire hazard severity z
ones.
31 C
EQA Guidelines, Appendix G, XX.
32 C
EQA G
uidelines, Appendix G, IX(g). T
his Guidance focuses on these key wildfire-r
elated questions in
S
ections IX(g) and XX of the checklist, bu
t in conducting environmental review, lead agencies must c
ontinue to thoroughly address the other questions identified i n Section XX an
d the checklist more
g
enerally.
33 C
EQA Guidelines, § 1
5360 [defining the environment to be considered as “the area in which significant ef
fects would occur either directly or indirectly as a result of the project”]. 34 A
lexandra D. Syphard, T
he Relative Influence of Climate and Housing Development on Current and P
rojected Future Fire Patterns and Structure Loss Across Three California Landscapes (2019) GL OBAL
EN

VIRONMENTAL CH
ANGE;
Alexandra D. Syphard, et al., H
ousing Arr
angement and Lo
cation Det
ermine the
Lik
elihood of Ho
using Lo
ss Du
e to Wil
dfire (M
ar. 28, 2
012) PLOS ONE, available at ht
tps://journals.plos
.o
rg/plosone/a
rticle?id=10.1371/journal.pone.0033954.

Attachment 3

EXHIBIT A
216
Item8.
(
as compared to high-d
ensity developments) to disrupt fire spread by removing or s
ubstantially fragmenting wildlan
d vegetation.35 “I
solated clusters of development and
lo
w h
ousing d
ensity m
ean that homes are embedded within, and more exposed to, a m
atrix of wildland vegetation.”36 Mo
reover, f
ire-f
ighters m
ay h
ave difficulty accessing
m
ore remote and disconnected dev
elopments.37
• P
roject Location in t
he L
andscape: P
roject placement in the landscape relative to fire
h
istory, topography and wind patterns also influences wildfire risk. Although wildfire ig
nitions are primarily human-c
aused in California, wildfire behavio
r is largely driven by
to
pography, fuel, climatic conditions, and fire weather (such as low humidity and high w
inds). How a development project is planned within the landscape determines to what ex
tent it will influence fire risk.38 Fo
r example, if a projec
t site is located in a wind
c
orridor, above-g
round power lines may become a source of ignition. Sim
ilarly, siting
r
esidential structures in rugged terrain
or on the top of steep hills m
ay increase the
w
ildfire risk. By
contrast, if
a project site includes
landscape features that could prevent
o
r slow the spread of fire, such as a lake or an irrigated golf course, the development m
ay be strategically located so as to capitalize on that feature as a natural fuel break.39 35 S
ee g
enerally A
lexandra D. Syphard, et. al.
, M
ultiple-Sc
ale Relationships between Vegetatio
n, the
W
ildland-U
rban Interface, and Structure Loss to Wildfire in California ( Mar. 1
2, 2021) M

DPI FIR
E 2021.
36 M
ax A. Moritz, et al., L
earning to Co
exist with Wil
dfire (2014) NA
TURE 5
15(7525), at p. 6
4; s
ee also
A
lexandra D. Syphard, e
t. Al., M
ultiple-Sc
ale Relationships between Vegetation, the Wildland-U
rban
In
terface, and Structure Loss to Wildfire in California ( March 12, 2021) M

DPI FIR
E 2021.
37 S
ee A
lexandra D. Syphard, W
hy Are s
o Ma
ny St
ructures Bu
rning in California? (2020) FRE
MONTIA, 47(
2),
at
p. 31.
38 S
ee generally Max Moritz, et al., Bu
ilding to Coexist with Fire: Community Risk Reduction Measures for N
ew Development in California (
Apr. 2
020) University of California Agriculture and Natural Resources, P
ublication 8680, available at ht
tps://escholarship.org/uc/item/6n12m6pn; A
lexandra D. Syphard, W
hy
Are s
o Ma
ny St
ructures Bu
rning in
California? (2020) FR
EMONTIA, 47(
2), at pp. 28-35, ava
ilable at
ht
tps://pubs.er.usgs.gov/publication/70215982.
39 S
ee Max Moritz, et al., Bu
ilding to Coexist with Fire: Community Risk Reduction Measures for New Dev
elopment in California (
Apr. 2
020) University of California Agriculture and Natural Resources, P
ublication 8680, at p. 10, avail
able at ht
tps://escholarship.org/uc/item/6n12m6pn;
see also
C
onservation Biology Institute, P
aradise
Nature-B
ased Fire Resilience Project Final Report (
June 2020),
avai
lable at ht
tps://d2k78bk4kdhbpr.cloudfront.net/media/reports/files /CBI_Paradise_Final_
Re
port_for_Posting_Online.pdf [
An examination of how siting and greenbelts may have protected ho
mes during the Paradise fire]. S
iting of a new fire-r
esistant development between wildlands and
exis
ting development may even serve as a pr
otective barrier for the existing development. But t
here can
s
till be some risk of ember spread if the new development succumbs to fire. S ee A
lexandra D. Syphard,
W
hy Are s
o Ma
ny St
ructures Bu
rning in California? (
2020) FR
EMONTIA, 47(
2), at pp. 28-35, avail
able at
ht
tps://pubs.er.usgs.gov/publication/70215982; C
alifornia Council on Science and Technology, The Costs
o
f Wildfire in California (Oct. 2
020), at
p. 67, avai
lable at ht
tps://ccst.us/reports/the-c
osts-of-w
ildfire-in-
c
alifornia/.

Attachment 3

EXHIBIT A
217
Item8.
• W
ater S
upply a
nd I
nfrastructure: As
part of evaluating a project’s wildfire risk impacts,
an
EIR should analyze the adequacy of water supplies and infrastructure to address fire- f
ighting within the project site.40 T
his analysis should consider the potential loss of
w
ater pressure during a fire, which may decrease available water supply41 an d the
p
otential loss of power, which may eliminate the supply.42 T
o understand how a p
roject may exacerbate the risk of wildfire,
an EIR should qualitatively
as
sess these v
ariables an
d also use f
ire modeling an
d other spatial and statistical analyses to

q
uantify the risks to
the extent feasible. E
xperts should utilize fir
e models to ac
count for various
s
iting and design elements, as
well as a variety of different fire scenarios. The modeling should in
clude scenarios f
or fires that start in
, n
ear, an
d far from the project site, as well as extreme
w
eather conditions that exacerbate fire spread.

L
ead agencies ar
e encouraged to d
evelo
p thresholds of significance that either identify an
in
crease in wildfire risk as a significant impact or determine, b ased on substantial evidence, th
at
s
ome increase in the risk of wildfires is not considered a significant impact. Relev ant factors
s
hould in
clude the project’s impact on ignition risk,
the likelihood of fire spread, an
d the extent
o
f exposure for existing and new residents based on various fire scenarios. Mo deling the
v
arious scenarios enables local agencies to quantify increased wildfire ris ks resulting from a
p
roject adding more p
eople to
wildfire prone areas an
d to
assess th
e risks according to the
th
reshold of significance.

So
me E
IRs h
ave concluded th
at the conversion of s
ome w
ildland vegetation into paved
d
evelopment reduces o
r does not in
crease w
ildfire risk. T
his conclusion is contrary to existing
ev
idence and the well-ac
cepted understanding th
at the fundamental driver of increased
w
ildfire risk is the introduction of p
eople in
to a flammable landscape.43 A
ccordingly, the
c
onversion of vegetation into d
eveloped lan
d d
oes not obviate the need for lead agencies to
c
arefully consider an
d model how the addition of development into wildfire prone areas c
ontributes to the risk of wildfire.

40 S
ee Max Moritz, et al., Bu
ilding to Coexist with Fire: Community Risk Reduction Measures for New Dev
elopment in California (
Apr. 2
020) University of California Agriculture and Natural Resources, P
ublication 8680, at p. 19 and Appendix B, available at ht tps://escholarship.org/uc/item/6n12m6pn.
41 S
ee Max Moritz, et al., Bu
ilding to Coexist with Fire: Community Risk Reduction Measures for New Dev
elopment in California (
Apr. 2
020), at
p. 19, U
niversity of California Agriculture and Natural
Re
sources, Publication 8680, available at ht
tps://escholarship.org/uc/item/6n12m6pn.
42 S
ee A
lexandra D. Syphard, N
exus Between Wildfire, Climate Change and Population Growth in Ca
lifornia (2020) FR
EMONTIA, 47(
2), at p. 2

6. 43 S
ee Heather Anu Kramer, et al., H
igh W
ildfire Damage in Interface Communities in California (2019) IN

TERNATIONAL JO

URNAL OF WIL

DLAND FIR
E, avail
able at ht
tps://ww
w.fs.usda.gov/nrs/pubs/jrnl/2019/nrs
_2
019_kramer_001.pdf;
see also E
xhibit A to the Final Statement of Reasons for Regulatory Action re A
mendments to the State CEQA Guidelines, OAL Notice File No. Z-2018-0 116-1
2, at p. 212, available at
ht
tps://resources.ca.gov/C
NRALegacyFiles/ceqa/docs/2018_CEQA_ExA_FSOR.pdf.

Attachment 3

EXHIBIT A
218
Item8.

C. Ana
lyzing the proje
ct
’s imp
act on ev
acuation and eme
rgency acce
ss

T
he addition of new development into high wildfire risk o r adjacent ar
eas may impact the
ev
acuation of p
roject residents, as well as the ex
isting p
opulation (e.g., r
esidents,
workers,
s
tudents, visitors, and po
ssibly livestock) in
the area and the ability of emergency responders to
s
imultaneously access the area to fight wildfire. This can, in turn, impact the risk and extent of lar
ge-s
cale fire spread and community safety within and around the new development. T he E
IR
s
hould evaluate thes
e impacts b
oth d
uring construction an
d o
ver the life of the project. T
he
r
equired analysis is relative to a project’s impacts and risks; e.g., a higher density infill project w
ithin an already developed area would likely not req
uire the same level of analysis as a new
lo
w-d
ensity development within the w
ildland-u
rban interface an
d surrounded largely by open
s
pace.44

Fo
r projects located in high wildfire risk areas that present an increased risk of ignition and/or ev
acuation impac
ts, ev
acuation modeling and planning s
hould b
e considered and developed at
th
e time of project review and approval—w
hen there is greater flexibility to
modify a project’s
d
esign, d
ensity, s
iting, and configuration to
address wildfire considerations—r
ather
than
d
eferred to a later s
tage of the development process. Lead
agencies will be best-p
ositioned to
ensur
e proposed development p
rojects facilitate emergency access and ease constraints on ev
acuation with this information in hand prior to project approval. T he ultimate objective is to
allo
w for informed decision-m
aking that minimizes the environmental and public safety hazards as
sociated with new developments th
at increase the risk of ignition and impede evacuation in h
igh wildfire prone areas.

E
vacuatio
n modeling and analysis should include the following:

• E
valuation of th
e capacity of roadways to
accommodate project and community
ev
acuation and simultaneous emergency access.
• As
sessm
ent of th
e timing for evacuation.
• Id
entif
ication of alter
native plans fo
r evacuation depending upon the location and
d
ynamics of the emergency.
• E
valuation of th
e project’s impacts o
n existing evacuation plans.
• Co
nsideration of the adequacy of emergency access, including the project’s proximity to ex
isting fire s
ervices and the capacity of existing services.
• Tr
affic modeling to quantify travel times under various like ly s
cenarios.

44 S
ee M
ax Moritz, et al., Bu
ilding to Coexist with Fire: Community Risk Reduction Measures f or New
Dev
elopment in California (
Apr. 2
020), U
niversity of California Agriculture and Natural Resources, P
ublication 8680, at p. 5, avail
able at ht
tps://escholarship.org/uc/item/6n12m6pn [
describing the
benef
its of infill development].

Attachment 3

EXHIBIT A
219
Item8.

In
considering these evacuation and emergency access impacts, lead agencies may use existing r
esources and analyses, but such resourc
es and analyses should be augmented when necessary.

Fo
r example, agencies should:

• Util
ize information from the EIR’s analysis of traffic/transportation impacts, but they s
hould not limit themselves to that information, which may not reflect the impact of em
ergency conditions on travel times.
• Co
nsult with local fire officials an
d ensur
e that assumptions and conclusions regarding
ev
acuation risk are substantiated with sound facts. Em
ergency conditions may not allow
f
or ideal evacuation scenarios—stag
gered, s
taged,
or targeted e
vacuation in
response to
a
wildfire may sometimes be possible,
but human behavior is d
ifficult to predict and
w
ildfires c
an be erratic, unpredictable, and fast-m
oving.45
• Co
nsider impacts to existing evacuation plans, but r
ecognize th
at, d
epending on the
s
cope of an existing evacuation plan, additional analyses or project-s pecific plans may
b
e needed. Community evacuation plans often identify roles and responsibilities for em
ergency personnel and evacuation routes, but do not necessarily consider the c
apacity of roadways, assess the timing for community evacuation, or identif y
alter
native plans for evacuation depending upon the location and dynamics of the em
ergency.
• A
void overreliance on c
ommunity evacuation plans identifyin
g s
helter-in-p
lace
lo
cations. Sheltering in place, particularly when considered at the community plan ning
s
tage,46 c
an serve as a valuable contingency, but it should not be relied upon in lieu of an
alyzing an
d mitigating a
project’s evacuation impacts.47

L
ocal jurisdictions are encouraged to develop thresholds of significance for evacuation times.

T
hese
thresholds should reflect any existing planning objectives for evacuation, as well as
45 S
ee FEMA and U.S. Fire Administration, W
ildland Urban Interface: A Look at Issues and Resolutions (
June 2022), available at ht
tps://www.usfa.fema.gov/downloads/pdf/publications/wui-is sues-
r
esolutions-r
eport.pdf.
46 F
EMA, P
lanning Considerations: Evacuation and Shelter-in-P
lace (
July 2019), available at ht
tps://www.
f
ema.gov/sites/default/files/2020-0
7/planning -c
onsiderations-ev
acuation-and-s
helter-in-pl
ace.pdf. T
he
di
stinction between temporary shelter-in-pl
ace locations and build
ings designed or retrofitted for longer
t
erm shelter-in-pl
ace should also be considered. See M
ax Moritz, et al., Bu
ilding to Coexist with Fire:

Co
mmunity Risk Reduction Measures for New Development in California ( Apr. 2
020) University of
C
alifornia Agric
ulture and Natural Resources, Publication 8680, at p. 17, avail able at ht
tps://escholarship
.o
rg/uc/item/6n12m6pn [di
scussing the difference between “s
afety zones”—ar
eas w
ith little flammable
ve
getations, such as golf courses—ve
rsus buildings that are designed to provide protection from heat an
d embers while the front of a fire passes, typically f
or a duration of at least 30-6
0 minutes].
47 S
ee Mejia, P
epperdine University Def
ends ‘Shelter in Place’ Decision During Woolsey Fire, L os Angeles
T
imes (Nov. 13, 2018), available at ht
tps://www.latimes.com/local/lanow/la-me-ln-pepp
er
dine-s
helter-
2 0181113-s
tory.html;
Chandler, A
m I Going to Stay in the Parking Lot . . . While the Fires Burn Around M
e?, R
ecord Searchlight (Dec. 1
2, 2019), available at ht
tps://www.redding.com/in-dept
h/news/
2 019/04/25/california-w
ildfire-s
helter-pl
ace-plans-qu
estioned-ev
acuation-pr
eparation/3427075002/.

Attachment 3

EXHIBIT A
220
Item8.
in
formed expert analysis of safe and reasonable evacuation times given the existing and p
roposed development. L
ocal jurisdictions should consider whether any increase in evacuation
tim
es for the local community would be a significant impact. A conclusion that an increase in
ev
acuation times is a less than significant impact should be based on a threshold of significance th
at reflects community-w
ide goals and standards.

In
establishing thresholds, local jurisdictions should consider referring to successful evacuations f
rom prior emergencies within their community or similarly situated communities. The th
resholds should include, but not be limited to, whether the project cr eates an inconsistency
w
ith: (1) an adopted emergency operations or evacuation plan; (2) a safety element that has b
een updated per the requirements in
Government Code sections 6
5302(g)(5) an
d 6
5302.15 t
o
in
tegrate wildfire and evacuation concerns; or (3) r
ecommendations developed by the
C
alifornia Bo
ard of Forestry an
d Fire Protection r
egarding the safety of subdivisions pursuant to
P
ublic Resources Code s
ection 4
290.5.

D. Mi
tigating wi
ldfire ri
sk, ev
acuation, and eme
rgency acce
ss imp
acts

If a
project presents s
ignificant in
creased w
ildfire risks and/
or ev
acuation and access impacts,
C
EQA requires the lead agency to consider and adopt feasible alternatives and m itigation
m
easures
to avoid or reduce the project’s impacts (or make a finding of o verriding
c
onsideration).48 No
t all p
roject design features or m
itigation measures will ac
hieve the same
r
eduction in impacts for ev
ery project—th
e effects and effectiveness o
f measures w
ill vary
g
eographically and by project. An EIR that baldly concludes th at c
ertain project design features
o
r m
itigation measures w
ill reduce or eliminate all potential wildfire risks, w ithout first
d
escribing those risks, fails to fully analyze the project’s impacts. Compressing the analysis of im
pacts and mitigation depriv
es decision makers o
f a full description of th
e p
roject’s adverse
im
pacts an
d, th
erefore, fails to equip the decision makers with the necessary information to p
roperly ad
dress th
e impacts by adopting project design features, mitigation measures, or alter
nativ
es. T
o avoid this error and provide for better project design, the project EIR s hould
f
irst analyze the increased wildfire risks and evacuation impacts, and then consider feasible m
itigation an
d alternatives to
avoid or reduce those impacts.

Set f
orth below are some examples of potential mitigation measures and design alternatives th
at may
reduce wildfire risk impacts. This lis
t is not exclusive and a lead agency’s adoption of
s
ome or all o
f th
ese mitigation measures for a particular project may not be sufficient to c
omply with CEQA’s requirement to adopt all feasible mitigation measures.

• In
creasing h
ousing density and consolidated design,
relying on higher density infill
d
evelopments as much as possible.
• A
voidance and minimization of low-d
ensity exurban development patterns or leapfrog-
ty
pe developments (i.e., those with u
ndeveloped wildland between developed areas).
48 P
ub. Resources C
ode, § 21081.

Attachment 3

EXHIBIT A
221
Item8.
• D
ecreasing the extent and amount of “edge,” o
r interface area, where d
evelopment is
ad
jacent to undeveloped wildlands.
• C
reation o
f b
uffer zones and d
efensible space w
ithin and adjacent to the development,
w
ith p
articular attention to ensuring that vegetation will not touch structures or o
verhang roofs.49 It
is also important that legal obligations are structured so that d
efensible space measures are retained over time.50
• Sit
ing projects to maximize the role of lo
w-f
lammability landscape f
eatures that m
ay
b
uffer the development from fire spread.
• U
ndergrounding power lines.
• L
imiting development along steep slopes and amidst rugged terrain, so as to decrease ex
posure to rapid fire spread and increase accessibility
for fire-f
ighting.
• P
lacement of development close to existing or planned ingress/e gress an
d designated
ev
acuation routes to
efficiently evacuate th
e project population a
nd the existing
c
ommunity population, consistent with evacuation plans, w hile simultan
eously allowing
em
ergency access.
• P
lacement of projects close to adequate emergency services. • C
onstruction of additional points of ingress and egress an d modification of evacuation
r
outes to minimize or avoid increasing evacuation times or emergency acces s response
tim
es.
• Fir
e hardening structures and homes—u
pgrading the building materials and installation
tec
hniques to increase the structure’s resistance to heat, flames, and embers—b eyond
w
hat is required in applicable building codes, both for new structu res and existing
s
tructures in proximity to the new development.
• Req
uiring fire-h
ardened communication to the project site including high-s peed internet
s
ervice.
• E
nhanced communication to the project population about emergency evacuation plans an
d evacuatio
n zones.
• P
arking limitations to ensure access roads are not clogged with parked vehicles. • On-s
ite water supply/storage to augment ordinary supplies that may be lost during a w
ildfire.

In
all situations, mitigation measures should be combined and tailored to the specifics of the
p
roject, the surrounding landscape, and nearby existing uses. In some contexts, the mitigation m
easure itself may have an adverse impact that should be evaluated in an EIR. In addition, 49 N
ote, ho
wever, that def
ensible space around homes does not alone tend to account for structural s
urvival. S
ee Alexandra D. Syphard, W
hy Are s
o Ma
ny St
ructures Bu
rning in California? (2020)
FR
EMONTIA, 47(
2), at p. 32, avail
able at ht
tps://pubs.er.usgs.gov/publication/70215982; A
lexandra D.

S
yphard et al., T
he Role of Def
ensible Sp
ace for Res
idential St
ructure Pro
tection Du
ring Wil
dfires (Oc
t. 14,
2 014) IN

TERNATIONAL JO

URNAL O
F WIL

DLAND FIR
E, avail
able at http://dx.doi.org/10.1071/W
F13158.
50 S
ee Max Moritz, et al., Bu
ilding to Coexist with Fire: Community Risk Reduction Measures for New Dev
elopment in California (
Apr. 2
020), at
p. 12, U
niversity of California Agriculture and N
atural
Re
sources, Publication 8680, available at ht
tps://escholarship.org/uc/item/6n12m6pn.

Attachment 3

EXHIBIT A
222
Item8.
m
itigation measures may not provide the same lev
el of protection or mitigation in all
s
cenarios.51 Fo
r example, home hardening has been shown to be an extremely effective m
easure for preventing structure loss during a wildfire. The California Building Code was u
pdated in 2008 to require more advanced
fire hardening and homes built to the revised
s
tandards were shown to be 40 percent less likely to be destroyed by a wildfire than similarly s
ituated homes built prior to the update.52 Ho
wever, home hardening by itself may not be an
ad
equate mitigation measure in all situations. During th
e Camp Fire, which swept through
P
aradise in
2018, homes built before and after the 2
008 Building Co
de u
pdate w
ere destroyed
at r
oughly equal rates.53 Ho
me hardening in conformance with the 2008 Building Code alone d
id not meaningfully effect survivability; rather, proximity to other destroyed structures, the ex
tent of vegetative overstory, and defensive space around homes was more relevant to w
hether or n
ot a home survived.54 W
hile home hardening may be a worthy measure, this
h
ighlights the importance of combining measures, with an awareness to overall landscape c
onditions, to maximize public safety and minimize wildfire-r elated losses. It also demonstrates

th
at defensive measures can improve but do not guarantee survivability, which highlights the c
ontinued importance of planning for evacuation and emergency access.

V
II. C
onclusion

A
s climate change and housing pressure continue to impact the State’s lan dscape, wildfire risks,
an
d development needs, local agencies need to thoroughly evaluate where and how new d
evelopment is planned and constructed. With careful forethought during the various planning p
rocesses and thoughtful environmental review at the in
dividual project development stage,
n
ew development can be designed and positioned to minimize future wildfire risks, enhance f
ire resiliency of our communities, and protect the health and safety of California’s residents an
d natural resources. While the ap
plicable rules, requirements, and analytical tools to reduce w
ildfire risk are evolving, this guidance is intended to provide suggestions for how best to c
omply with CEQA when analyzing and mitigating the wildfire risks of development projects in th
e w
ild
land-u
rban interface an
d other fire prone areas.
51 S
ee A
lexandra D. Syphard, et. al., M
ultiple-Sc
ale Relationships between Vegetation, the W
ildland-
U
rban Interface, and Structure Loss to Wildfire in California ( Mar. 1
2, 2021), at p. 13, MDPI FIR
E 2021
[
noting that “the most effective fire risk reduction approach will account for multiple factors at multiple s
cales and will incorporate simultaneo
us strategies”].
52 P
atrick W Baylis, et al., M
andated vs. Voluntary Adaptation to Natural Disasters: the Case of U.S.

W
ildfires (
Dec. 2
021), National Bureau of Economic Research, available at ht tps://www
.nber.org/
pa
pers/w29621.
53 E
ric E. Knapp, et al., H
ousing Arr
angement and Veg
etation Fa
ctors Ass
ociated with Sin
gle-Fa
mily Ho
me
Su
rvival in the 2018 Camp Fire, California (2021) FIR
E EC
OLOGY 1
7:25, available at https://fireecology.
s
pringeropen.com/track/pdf/10.1186/s42408-0
21-0
0117-0
.pdf [37 percent of homes built between
1 997 and 2008 survived, while 44 percent of homes built between 2008 and 2018 survived]. 54 E
ric E. Knapp, et al., H
ousing Arr
angement and Veg
etation Fa
ctors Ass
ociated with Sin
gle-Fa
mily Ho
me
Su
rvival in the 2018 Camp Fire, California (2021) FIR
E EC
OLOGY 1
7:25, available at https://fireecology.
s
pringeropen.com/track/pdf/10.1186/s42408-0
21-0
0117-0
.pdf.

Attachment 3

EXHIBIT A
223
Item8.

1. Parcel # 224-141-24: Only 1.0 AC under development (not 2.01)

2. Total developed acres in Northern section (GP = 2 homes/AC) = 2.09 + 4.7 + 1 = 7.79

3. 7.79 * 2 = 15.58 = 16 homes under General Plan

4. 50% low income units = 8 (50% maximum density bonus)

5. 16 + 8 = 24 NOT 33 as shown on Tentative Map!

6. Developer’s own (incorrect) calculations show only 30 structures allowed.

7. YET there are 33 structures on this Northern section Density Bonus Calculation
North Side of Development Correct Calculation
Attachment 3

EXHIBIT A
224
Item8.

From: Mike
To: Adam Finestone
Subject: [EXT] PL21-0269
Date: Wednesday, January 11, 2023 9:48:37 AM
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender email address AND know the content is safe. [You don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Hi Zachary
I’d like to submit input for the public meeting tonight on item number 6 of the Conway subdivision.

PL21-0269
_____
We are homeowners near the north cross street, Rincon ave. and Conway Dr.

This cross street (Rincon Ave) does not have any Storm drains or public sidewalks. It’s a very dangerous intersection due to many trees blocking the traffic intersection. I was in a car accident because of these overgrown trees which cause a visual liability.

Many local residents also use Rincon ave for walking because it’s a flat (non sloped) road.

Please have the city or developer resurface the pavement all the way down Rincon ave. to Creek Hollow Place with sidewalks for public walking access and improve the pavement issues for road safety.

Vista Water will also need to improve their water flume where it is blocking road and sidewalk access on Rincon Ave.

Thank you
Mike Stephenson
1415 Rincon ave
Attachment 3

EXHIBIT A
225
Item8.

RESOLUTION NO. 2023-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA , APPROVING A TENTATIVE

SUBDIVISION MAP AND GRADING EXEMPTION FOR A
56-UNIT RESIDENTIAL SUBDIVISION LOCATED AT 916,
942, AND 943 STANLEY AVENUE, AND ODD-NUMBERED
ADDRESSES BETWEEN 2005 – 2175 CONWAY DRIVE ;

AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE

LOCAL AGENCY FORMATION COMMISSION FOR

INITIATION OF PROCEEDINGS FOR THE ANNEXATION
AND REORGANIZATION OF A 2.01 ACRE PARCEL
LOCATED AT 916 STANLEY DRIVE; AND ADOPTI NG A

MITIGATED NEGATIVE DECLARATION PREPARED FOR

THE PROJECT

CASE NOS. PL21-0269, PL21-0278, PL22-0584

WHEREAS, Escondido North, LLC (“Applicant”) filed a land use development application, Planning Case Nos. PL21 -0296, PL21-0277, and PL22 -0584 (“Application”), constituting a request for a Tentative Subdivision Map and Grading Exemption for a 56 -unit residential project. The project includes 47 residential lots comprised of 46 single-family lots, two of which have existing homes, and one multi-family lot which would accommodate five duplexes. An Annexation is also requested for a 2.01-acre portion of the project site that is currently in the County of San Diego. The request includes a density bonus and would provide 10 affordable housing units (“Project”). The Project site is located along Conway Drive on both sides of Stanley Avenue and north of Lehner Avenue, in the R-1-10 (single-family residential, 10,000 square foot minimum lot size) and RE-20 (estate residential) zones; and WHEREAS, the Project site consists of seven parcels totaling 14.07 gross acres located at 916, 942, and 943 Stanley Avenue, and odd -numbered addresses between 2005 – 2175 Conway Drive (APNs 224- 141-23-00, 224-141-24-00, 224-141-25-00, 224-142-30-00, 224-142-31-00, 224-142-32-00, and 224-142- 33-00), and is all that real property described in Exhibit "A," which is attached hereto and made a part hereof by this reference as though fully set forth herein (“Property”); and 226
Item8.

WHEREAS, the portion of the Project site which is subject to annexation into the City of Escondido is located at 916 Stanley Avenue (APN 224-141-24-00), and is all that real property described in Exhibit "B" and depicted in Exhibit “C,” both of which are attached hereto and made a part hereof by this reference as though fully set forth herein (“Annexation Property”); and WHEREAS, the 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 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
WHEREAS, single-family residential development is a permitted use within the R -1-10 & RE -20 zones, subject to the approval of a Tentative Subdivision Map, in accordance with Chapter 32 of the Escondido Municipal Code and Article 6 of the Escondido Zoning Code; and WHEREAS, the ability to construct multi -family residential units on the Property has been requested as a density bonus incentive; and
WHEREAS, the annexation/reorganization is consistent with the Sphere of Influence of the City of Escondido and affected districts; and
WHEREAS, the annexation of the Property into the City of Escondido would also include concurrent detachment from County Service Area (“CSA”) No. 135 (San Diego Regional Communications System) and exclusion from the Rincon Del Diablo Improvement District “E;” and 227
Item8.

WHEREAS, the City Council of the City of Escondido desires to initiate proceedings pursuant to the Cortese/Knox/Hertzberg Local Governme nt Reorganization Act, Division 3, commencing with Section 56000 of the California Government Code for the proposed annexation/reorganization; and 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 studied the Application, performed necessary investigations, prepared a written report, and hereby recommends approval of the Project as depicted on the plan set shown in Exhibit "D," which is attached hereto and made a part hereof by this reference as though fully set forth herein; and
WHEREAS, a Draft Initial Study and Mit igated Negative Declaration (“IS/MND”) was prepared, circulated, and notice was made of its availability for public review and comment during the period from October 28, 2022, to November 17, 2022; and
WHEREAS, during the 20-day public comment period of the Draft IS/MND, the City consulted with and requested comments from responsible and trustee agencies, other regulatory agencies, and others.

The City subsequently analyzed and considered any and all comments received during this public review comment period and have determined that they did not contain any significant new information within the meaning of CEQA Guidelines; and
WHEREAS, a Final IS/MND , attached as Exhibit “ E” and incorporated by this reference, was subsequently prepared, which is comprised of any and all public comment letters received during the public review period, responses to comments, corrections/additions to the Draft IS/MND, and revisions and additions to the appendices or other referenced documents; and 228
Item8.

WHEREAS, in addition to the Final IS/MND, a Mitigation Monitoring Reporting Program (“MMRP”) has been prepared for the Project, attached as Exhibit “F” and incorporated herein by this reference, to ensure compliance with the required mit igation measures or project revisions during project implementation; and
WHEREAS, The Planning Commission of the City of Escondido held a duly noticed public hearing on December 13, 2022, as prescribed by law, at which interested persons were given the op portunity 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. 2022-15, which recommended that the City Council approve the Project; and WHEREAS, the City Council of the City of Escondido held a duly noticed public hearing on February 8, 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 person’s 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) Written 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 February 8, 2023, with its attachments as well as City staff’s recommendation on the Project, which is incorporated herein as though fully set forth herein; and d) The Planning Commission’s recommendation; and
229
Item8.
e) Additional information submitted during the public hearing; and WHEREAS, 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 Ca lifornia Public Records Act.

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

1. That the above recitations are true.

2. That the City Council has reviewed and considered the Final IS/MND prepared for the Project in conformance with CEQA, the staff report dated February 8, 2023, and testimony given at the public hearing, and makes the environmental determinations included with Findings of Fact attached as Exhibit “G ” hereto and incorporated by this reference. The Final IS/MND adequately address es all environmental issues associated with the Project, and the Project would not result in any significant impacts to the environment. Approval of this resolution includes the adoption of the Final IS/MND.

3. That the MMRP addresses mitigation for potential project -related impacts and the report will sufficiently mitigate and assign ongoing responsibility for carrying out mitigation responsibilities which are appropriate to address and mitigate project-related impacts.

4. That the Findings of Facts, attached as Exhibit “G ” 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 “H” hereto and incorporated 230
Item8.
by this reference. The City Council expressly declares that it 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.

5. That this Tentative Subdivision Map shall be null and void unless a Final Map, conforming to the Tentative Subdivision Map and all required conditions, is filed within three (3) years of the effective date of this resolution, or unless an Extensi on of Time is granted pursuant to Section 66452.6 of the California Government Code.

6. 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 the organization are proposed:
a. Annexation of the subject territory to the City of Escondido as legally described and depicted in Exhibits “B” and “C.”
b. Detachment of the subject territory from CSA No. 135 (San Diego Regional Communication Systems) and exclusion from the Rincon Del Diablo Improvement District “E.”

7. 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.
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8. 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 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 described in the City of Escondido’s Development Fee Inventory on file in the Development Services Department. 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.

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EXHIBIT “A”

LEGAL DESCRIPTION
PL21-0269, PL21-0278, PL22-0584
Real property in the City of Escondido, County of San Diego, State of California, described as follows:

Portion of Lot 4: (APN: 224-141-23-00)
ALL THAT PORTION OF LOT 4 IN BLOCK 415 OF THE RANCHO RINCON DEL DIABLO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 723, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 13, 1892. EXCEPTING THE S OUTHEASTERLY 350 FEET (MEASURED ALONG THE NORTHEASTERLY AND SOUTHWESTERLY LINES) OF SAID LOT 4.

Portion of Lot 4: (APN: 224-141-24-00)
ALL THAT PORTION OF LOT 4 IN BLOCK 415 OF THE RANCHO RINCON DEL DIABLO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNI A, ACCORDING TO MAP THEREOF NO. 723, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 13, 1892, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 4; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SA ID LOT A DISTANCE OF 250.50 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE SOUTHWESTERLY PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 4, 250.50 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE 350.00 FEET TO THE POINT OF BEGINNING.

Portion of Lot 4: (APN: 224-141-25-00)
ALL THAT PORTION OF LOT 4 IN THE BLOCK 415 OF THE RANCHO RINCON DEL DIABLO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 723, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 13, 1892, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 4 DISTANT NORTHEASTERLY THEREON 250.50 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 4; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 260.00 FEET, MORE OR LESS, TO THE SOUTHEASTERLY CORNER OF SAID LOT 4; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE THEREOF 350.00 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 4 A DISTANCE OF 260.00 FEET TO POINT IN A LINE DRAWN PARALLEL WITH AND DISTANT 250.50 FEET NORTHEASTERLY FROM THE SOUTHWESTERLY LINE OF SAID LOT 4, SAID 400.00 FEET BEING MEASURED ALONG THE SOUTHEASTERLY, LINE THEREOF; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE 350.00 FEE T TO THE POINT OF BEGINNING.

Portion of Lot H: (APN 224-142-30-00)
ALL THAT PORTION OF LOT H IN BLOCK 418 OF A RESUBDIVISION OF BLOCKS 418 AND 419, OF RANCHO

RINCON DEL DIABLO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 21, 1913, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID LOT H, DISTANT THEREON SOUTH 55° 36' 00" WEST, 138.00 FEET FROM THE MOST NORTHERLY CORNER THEREOF; THENCE SOUTH 55° 36' 00" Resolution No. 2023-06
Exhibit "A"

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WEST ALONG SAID NORTHWESTERLY LINE 200.00 FEET, MORE OR LESS, TO THE MOST WESTERLY CORNER OF SAID LOT H; THENCE SOUTH 34° 24' 00" EAST ALONG THE SOUTHWESTERLY LINE THEREOF 296.00 FEET; THENCE NORTH 55° 36' 00" EAST, PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT H, 200.00 FEET TO A LINE DRAWN PARALLEL WITH AND DISTANT 138.00 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT H; THENCE NORTH 34° 24' 00" WEST, ALONG SAID PARALLEL LINE 296.00 FEET TO THE POINT OF BEGINNING. APN: 224-142-30-00

Portion of Lot H: (APN: 224-142-31-00)
THE NORTHEASTERLY 138.00 FEET OF THE NORTHWESTERLY 296.00 FEET OF LOT H IN BLOCK 418 OF A RESUBDIVISION OF BLOCKS 418 AND 419 IN RANCHO RINCON DEL DIABLO, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1520 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 21, 1913.

Portion of Lot H: (APN: 224-142-32-00)
THE SOUTHEASTERLY 202.00 FEET OF THE NORTHWESTERLY 498.00 OF LOT H IN BLOCK 418 OF A RESUBDIVISION OF BLOCKS 418 AND 419, RANCHO RINCON DEL DIABLO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 21, 1913.

Portion of Lot H: (APN: 224-142-33-00)
LOT H IN BLOCKS 418 AND 419 IN RANCHO RINCON DEL DIABLO, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 21, 1913. EXCEPTING THEREFROM THE NORTHWESTERLY 498.00 FEET THEREOF.

Resolution No. 2023-06
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EXHIBIT “B”

LEGAL DESCRIPTION OF ANNEXATION AREA
PL21-0269, PL21-0278, PL22-0584
Resolution No. 2023-06
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Exhibit "C"

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EXHIBIT “E”

FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
PL21-0269, PL21-0278, PL22-0584
Due to the number of pages of Exhibit “E,” a link has been provided to review the document electronically on the City’s website at:
https://www.escondido.org/conway-drive-subdivision
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Exhibit “F” - Mitigation Monitoring and Reporting Program

November 2022

EXHIBIT F

MITIGATION MONITORING AND REPORTING PROGRAM
ENVIRONMENTAL DOCUMENT REFERENCE NUMBER (SCH 2022100635) PROJECT NAME: Conway Residential Subdivision
PROJECT LOCATION: 916, 942, and 943 Stanley Avenue, and 2005 – 2175 Conway Drive (odd-numbered addresses only) Escondido, San Diego County, California 92026
PROJECT DESCRIPTION: The Proposed Project includes the construction of 44 new single-family detached residences, the construction of 10 new affordable attached dupl ex residences, retention of 2 existing single-family residences, 2 biofiltration basins, common open space areas, annexation to the City of 2.01 acres, and the demolition of 13 existing single -family residences on approximately 14.07 acres.

LEAD AGENCY: City of Escondido
CONTACT PERSON/ TELEPHONE NO.: Adam Finestone, City Planner APPLICANT: Escondido North, LLC
CONTACT PERSON/ TELEPHONE NO.: Dylan Bird & John Kaye (Argus Land Company, Inc.)| (949) 233-4086 No. Mitigation Measure
Time Frame for
Implementation
Responsible
Agency/Party
Verification of Compliance
Initials Date Remarks
Air Quality
MM AQ-1 The Proposed Project shall utilize low emission “clean diesel” equipment with new or modified Tier 4
engines that include diesel oxidation catalysts, diesel particulate filters or Moyer Program retrofits that meet CARB best available control technology for all feasible off-road diesel powered construction equipment.

During all
construction
activities
Contractor
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Exhibit “F” - Mitigation Monitoring and Reporting Program

November 2022

Biological Resources
MM BIO-1 Prior to ground disturbances that would impact potentially suitable nesting habitat for avian species, the project applicant shall adhere to the following:

1. Vegetation removal activities shall be scheduled
outside the nesting season (September 1 to
February 14 for songbirds; September 1 to
January 14 for raptors) to the extent feasible to
avoid potential impacts to nesting birds and/or
ground nesters.

2. Any construction activities that occur duri ng
typical nesting season (February 15 to August 31
for songbirds; January 15 to August 31 for
raptors) will require that all suitable habitat, on -
site and within 300-feet surrounding the site (as
feasible), be thoroughly surveyed for the
presence of nesti ng birds by a qualified
biologist within three days before
commencement ground disturbances. If active
nests are identified, the biologist would
establish buffers around the vegetation (500 feet
for raptors and sensitive species, 200 feet for
non-raptors/non-sensitive species). All work
Prior to
Grading/Ground
disturbance
Project
Biologist

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Exhibit “F” - Mitigation Monitoring and Reporting Program

November 2022
within these buffers would be halted until the
nesting effort is finished (i.e. the juveniles are
surviving independent from the nest). The onsite
biologist would review and verify compliance
with these nesting boundaries a nd would verify
the nesting effort has finished. Work can resume
within these areas when no other active nests are
found. Alternatively, a qualified biologist may
determine that construction can be permitted
within the buffer areas and would develop a
monitoring plan to prevent any impacts while
the nest continues to be active (eggs, chicks,
etc.). Upon completion of the survey and any
follow-up construction avoidance management,
a report shall be prepared and submitted to City
for mitigation monitoring com pliance record
keeping.

MM BIO-2 Prior to issuance of the grading permit, the Project Applicant shall purchase 3.33-acres (0.5:1 ratio to the

6.65 acres of NNG impacts) of Non-Native Grasslands
at the Daley Ranch Mitigation Bank or other City
approved Mitigation Bank.

Prior to grading
permit
Project
Applicant

MM BIO-3 Prior to issuance of the grading permit, the Project Applicant shall purchase 0.78 -acres, (2:1 ratio to the

0.39-acres of Oak Woodland impacts) of Coast Live
Oak Woodland at the Daley Ranch Mitigation Bank or
other City approved Mitigation Bank.

Prior to grading
permit
Project
Applicant

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Exhibit “F” - Mitigation Monitoring and Reporting Program

November 2022
MM BIO-4 The Project Applicant shall replace impacted mature trees at a minimum of 1:1 ratio, a total of 175 trees,
unless other biologically equivalent or superior
mitigation has been determined by the City. Trees
may be replaced either on or off -site. The number,
size, and species of replacement trees shall be
determined on a case -by-case basis by the
Development Services Director pursuant to
Escondido Municipal Code Section 33-1069.

The Project Applicant shall replace impacted
protected trees at a minimum of 2:1 ratio, a total of 22 trees, unless other biologically equivalent or superior mitigation has been determined by the City.

Protected trees may be replaced on or off -site. The
size of the replaced protected trees shall be a
minimum of 24 -inch box or as det ermined by the
Development Services Director and shall be replaced
in-kind with the same species as impacted.

To avoid double counting mitigation of oak trees
since Mitigation Measure MM BIO -3 requires
mitigation for coast live oak woodland habitat that
includes individual oak trees subject to this mitigation measure, the number of oak trees associated with the
purchase of oak woodland habitat (either actual or
estimate) mitigation credits may also be used to
satisfy the individual tree replacement mitiga tion
requirement found in this Mitigation Measure MM
BIO-4.

Prior to grading
permit
Project
Applicant

Cultural Resources
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November 2022
MM CUL-1 If cultural resources (i.e., prehistoric sites, historic sites, and isolated artifacts) are discovered during
grading or construction activities in the Project area, work shall be halted immediately within 50 feet of the
discovery, the City Planning Depart ment shall be
notified, and a professional archaeologist who meets
the Secretary of the Interior’s Professional
Qualifications Standards in archaeology and/or
history shall be retained to determine the significance of the discovery.

The City shall consi der mitigation recommendations
presented by a professional archaeologist who meets
the Secretary of the Interior’s Professional
Qualifications Standards in archaeology and/or
history for any unanticipated discoveries. The City and the Project applicant of the site where the discovery is made shall consult and agree on implementation of a
measure or measures that the City deems feasible.

Such measures may include avoidance, preservation
in place, excavation, documentation, curation, data
recovery, or other appropriate measures. The Project
applicant shall be required to implement any
mitigation necessary for the protection of cultural
resources.

During
Grading/Ground
Disturbances
Archaeologist /
City Planning
Department

MM CUL-2 If human remains are encountered during excavation activities, all work shall halt and the County Coroner
shall be notified (California Public Resources Code
§5097.98). The Coroner will determine whether the
remains are of forensic interest. If the Coroner , with the aid of the County -approved Archaeologist,
During
Construction
Project
Archaeologist/
County
Coroner

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November 2022
determines that the remains are prehistoric, s/he will
contact the Native American Heritage Commission
(NAHC). The NAHC shall be responsible for
designating the most likely descendant (MLD), who
will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the
California Health and Safety Code. The MLD shall
make his/her recommendation within 48 hours of
being granted access to the site. The MLD’s
recommendation shall b e followed if feasible, and
may include scientific removal and non -destructive
analysis of the human remains and any items
associated with Native American burials (California
Health and Safety Code §7050.5). If the landowner
rejects the MLD’s recommendatio ns, the landowner
shall rebury the remains with appropriate dignity on
the property in a location that will not be subject to
further subsurface disturbance (California Public
Resources Code §5097.98).

Geology and Soils
MM GEO-1 The Project Applicant shall implement the
recommendations contained in the Updated
Geotechnical Due -Diligence Assessment, Parcel H,
Assessor Parcel Numbers (APN) 224 -141-23-00 and
224-141-25-00, Northwest Corner of Stanley Avenue
and Conway Drive, City of Escondido, San Diego
County, California, dated April 7, 2021, and
Geotechnical Due -Diligence Assessment, Parcel F,
Assessor Parcel Numbers 224-142-30-00; -31-00; -32-
00 and -33-00, Adjacent Northwest Corner of Lehner
Avenue and Conway Drive, City of Escond ido, San
During Grading Project
Geologist/
Public Works
Department

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Diego County, California, dated April 15, 2021) to
reduce geologic hazards during implementation of
the Proposed Project. Included in the reports are site- specific recommendations involving such topics as,
grading and earthwork, slope stability, retaining walls, seismic design, construction materials, geotechnical
observation, and testing and plan reviews.

MM GEO-2 Prior to the issuance of a grading permit, the Applicant shall prepare a final geotechnical report
based on the final rough grading plans and the final
geotechnical report shall incorporate all of the
recommendations included in the preliminary
geotechnical reports included in Appendices D and
E. The geotechnical reports inclu ded in Appendices
D and E have established that the site is
geotechnically suitable for development and a final
geotechnical report is required to ensure all
construction-level geotechnical recommendations
and design parameters are included on the final
rough grading plans.

Prior to Grading
Permit
Project
Geologist/
Public Works
Department

Hazards and Hazardous Materials
MM HAZ-1 Prior to the demolition of existing structures, a survey for asbestos containing materials (ACM), lead based
paint (LBP), and polychlorinated biphenyl (PCBs) shall
be conducted, and any such materials shall be
removed and disposed of properly by qualified
certified technicians in accordance with State
regulations.

Prior to
Demolition of
Buildings
Project
Applicant/
City Public
Work

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November 2022
Noise
MM NOI-1 Construction Noise. Prior to issuance of construction permits, the City’s Building Division shall verify that all construction plans include the following measures.

The measures may include but are not limited to the
following:

▪ Staging areas should be placed as far as
possible from sensitive receptors.
▪ Place stationary equipment in locations that
will have a lesser noise impact on nearby sensitive
receptors.
▪ Turn off equipment when not in use.
▪ Limit the use of enunciators or public address
systems, except for emergency notifications.
▪ Equipment used in construction should be
maintained in proper operating condition, and all
loads should be properly secured to prevent
rattling and banging.
▪ Schedule work to avoid simultaneous
construction activities that both generate high
noise levels.
▪ Use equipment with effective mufflers.
▪ Minimize the use of backup alarms.

During
Construction
Project
Contractor/
City Public
Works
Department

Transportation/Traffic
MM TRANS-1 Prior to the issuance of the 34th certificate of occupancy for new construction on the Project site,
the Applicant shall complete construction of all the
following improvements to reduce VMT below the
Prior to the
issuance of the
34th certificate of
occupancy
Project
Applicant/
City’s Public

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November 2022
threshold of significance. Prior to beginning
construction of the improvements, the Applicant shall
submit construction plans to the City for review and
approval and obtain all necessary permits, such as an
encroachment permit, for construction of said
improvements. The Applicant shall make the
following improvements and receive VMT reduction
credits:

• N. Ash Street / Vista Avenue – install high
visibility crosswalks and accessible pedestrian
signals on all four legs. VMT reduction equates
to 60 VMT per measure – total reduction for this
intersection is 120 VMT.
• N. Broadway / Rincon Avenue – install high
visibility crosswalks on the north, south and east
legs, and install accessible pedestrian signals on
all four legs. VMT reduction equates to 60 VMT
per measures – total reduction for this
intersection is 120 VMT.
• Stanley Avenue / Conway Drive – install high
visibility crosswalks on the west leg and curb
ramps on the northwest and southwest corner.

VMT reduction equates to 15 VMT for the high
visibility crosswalk and 8 VMT per curb ramp –
total reduction for this intersection is 31 VMT.
• Lehner Avenue / Conway Drive – install high
visibility crosswalks on the west and south legs,
and curb ramps on the northwest corner. VMT
reduction equates to 30 VMT for the high
Works
Department
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November 2022
visibility crosswalks and 8 VMT for the curb ramp
– total reduction for this intersection is 38 VMT.
• New sidewalk – approximately 1 mile of new
sidewalk equates to 303 VMT reduction. The
Proposed Project proposes to construct
approximately 2,111 feet of new sidewalk along
its project frontage. Total VMT reduction for this
improvement is 121 VMT.

Tribal Cultural Resources
MM TRC-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
Prior to Grading
Permit
Project
Applicant/
Project
Archaeologist/
Native
American
Monitor

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procedures set forth in mitigation measures MM TRC-
2 through MM TRC-10, and the following information:

• Parties entering into the agreement and contact
information.
• Responsibilities of the Property Own er 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, includin g
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.

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• Regulations that apply to cultural resources that
have been identified or may be identified during
project construction.

MM TRC-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 confirm s 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.

Prior to Grading
Permit
Project
Applicant/
Project
Archaeologist/
Native
American
Monitor

MM TRC-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.

Prior to Grading Project
Applicant/
Native
American
Monitor

MM TRC-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 top soil 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
During
Construction
Project
Archaeologist/
Native
American
Monitor

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to part -time monitoring or the term ination 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 would 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).

MM TRC-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 Monit or 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
During Grading Project
Applicant/
Project
Archaeologist/
Native
American
Monitor

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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 t he terms of the Pre -
Excavation Agreement.

MM TRC-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 would 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
During Grading Project
Archaeologist/
Native
American
Monitor

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CEQA, as defined in California Public Resources
Code Section 21074(a) through (c); or 2) the
approved treatment and disposition measures have
been completed.

MM TRC-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
Development Services Department ( 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
During Grading Project
Archaeologist/
Native
American
Monitor

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professional archaeological methods), in consultation
with the TCA Tribe and the Native American monitor,
and s hall 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.

MM TRC-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 im mediately 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 area reasonably suspected to
overlie adjacent remains shall occur until the Coroner
has made the necessar y 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
During Grading Project
Applicant/
Project
Archaeologist/
Native
American
Monitor/
County
Coroner

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Native American and not the result of a crime scene,
the Coroner would 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 Ci ty 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 TRC-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 During Grading Project
Archaeologist/
Native
American
Monitor

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resources for later reburial on the Project site or
storage at a local curation facility. Any tribal cultural resources collected by the q ualified 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 qua lified archaeologist, in
consultation with the Native American monitor, to not
be tribal cultural resources, shall be curated at the San Diego Archaeological Center.

MM TRC-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.

Post- Grading Project
Applicant/
Project
Archaeologist/
Native
American
Monitor

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EXHIBIT “G”

FINDINGS OF FACT
PL21-0269, PL21-0278, PL22-0586
Environmental Determination(s)

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

2. An Initial Study/M itigated Negative Declaration ( “IS/MND”) for the Project was prepared, published, circulated and reviewed in accordance with the requirements of CEQA, the CEQA Guidelines, and the local environ mental procedures. The decision-making body of the Lead Agency shall adopt the proposed IS/MND only if:
- It finds on the basis of the whole record before it that there is no substantial evidence the project will have a significant effect on the environment, and - The IS/MND reflects the Lead Agency's independent judgment and analysis.

3. The Final IS/MND and Mitigation Monitoring and Reporting Plan ( “MMRP”), collectively constitute the environmental documentation under and pursuant to CEQA, the CEQA Guidelines, and local environmental procedures relating to the project, and shall be referred to herein collectively as the "CEQA Documents."

4. The Planning Commi ssion has received the material record supporting all of the CEQA documents for the project. The Planning Commission, finds the following:
- The Final IS/MND reflects the City’s independent judgment and analysis. - That there is no substantial evidence that the Project or any of its aspects could result in significant adverse impacts, or that cannot be fully mitigated. All previously identified impacts have been mitigated to less than a significant level. - The Planning Commission also finds that the mitigation measures listed in the MMRP will not cause any potentially significant effects.
- The Final IS/MND has been completed in compliance with CEQA and it constitutes a complete, accurate, adequate and good faith effort at full disclosure under CEQA.

5. Mitigation measures are recommended to be incorporated as part of the adoption of the Mitigated Negative Declaration. The recommended approval of the Project also includes the adoption of the MMRP, attached hereto this Resolution.

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6. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines section 15091(e), all documents and other materials which constitute the record of proceedings are located at the City of Escondido, City Hall. The City Clerk, whose office is located at 201 North Broadway, E scondido CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the Planning Commission’s decision is based, which documents and materials shall be available for public ins pection and copying in accordance with the provisions of the California Public Records Act.

Tentative Subdivision Map Determination(s)

1. The location, design, and residential density of the proposed 47-lot residential subdivision is consistent with the goals and policies of the Escondido General Plan because residential development is permitted and encouraged within the Suburban and Estate II land-use designation. As a result of a concession requested pursuant to State Density Bonus Law and the Escondido Zoning Code, the inclusion of multi-family dwelling on property with an Estate II land use designation does not necessitate an amendment to the General Plan, nor does the increase in density beyond what would otherwise be allowed in the Suburban and Estate II General Plan land use designations. Further, the proposed map would be in conformance with goals and policies in the Housing Element of the General Plan which detail the need to plan for quality, managed, and sustainable growth, and provide a range of housing opportunities for all income groups and populations with special needs. The provision of 10 units for low-income households assists the City in meeting its affordable housing goals established by the Regional Housing Needs Assessment.

2. The proposed subdivision as designed encourages a compact, efficient residential form that promotes a variety of mobility forms, supports nearby commercial establishments and takes advantage of infrastructure improvements.

3. The Project site is physically suitable for the proposed density of development because the property is within the urban fringe area developed with a mixture of similar single-family residential subdivisions. The Suburban land use designation allows up to 3.3 dwelling units per acre and the Estate II land use designation allows up to 2.0 dwelling units per acre. While the subdivision would be developed at a net density of approximately 4.43 dwelling units per net acre, it is consistent with State Density Bonus Law and applicable provisions of the Escondido Zoning Code. Additionally, the subdivision has been designed to provide residential uses in a suburban setting, consistent with the surrounding area. Any deviations from zoning standards are consistent with State Density Bonus Law and the Escondido Zoning Code and are required to accommodate the affordable housing development.

4. 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, utilities, stormwater detention and landscaping would be provided, as Resolution No. 2023-06
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detailed in the staff report. The Project also would not be out of character for the area, which contains other suburban residential development. All vehicular traffic generated by the Project will be accommodated safely, enhanced with public improvements and without degrading the level of service on the adjoining streets or intersections.

5. 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 . The proposed map has been designed to minimi ze impacts associated with grading, and findings required to allow exemptions from slope provisions of the Grading and Erosion Control Ordinance of the Escondido Zoning Code have been made.

6. The Project site is physically suitable for this proposed type of residential development and density of development. Approval of the Tentative Subdivision Map would not violate the requirements, goals, policies, or spirit of the General Plan. The site is suitable for this residential type of development and density as detail in the Planning Commission staff report dated December 13, 2022, and noted in the above sections.

7. The Project would be compatible with the surrounding uses because the subject site is within a suburban residential area developed with a variety of residential developments of varying density, lot sizes and design. All utilities will be installed underground, with water and sewer service provided by the City of Escondido. All vehicular traffic generated by the Project will be accommodated safely and without degrading the level of service on the adjoining streets or intersections. The proposed Project also would not result in a significant impact to biological or natural resources.

8. 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, would avoid injury to fish or wildlife, or their habi tat due to the site’s location. In addition, the site does not contain any sensitive or protected biological or natural resources.

9. 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 improvem ents will either be accommodated within the project design; be quitclaimed prior to recordation of the map; or alternate provisions provided.

10. The design of the Tentative Subdivision Ma p has provided, to the extent feasible, for future passive or natural h eating or cooling opp ortunities in the subdivision. The lot sizes and the subdivision configuration provide opportunities for passive/solar heating.

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11. All permits and approvals applicable to the proposed map pursuant to the Escondido Zoning Code and the Conditions of Approval, included as Exhibit “E” to this resolution, will have been obtained prior to the recordation of the Final Map.

12. The proposed Tentative Subdivision Map and associated permits will not conflict with regional or local housing goals and the proposed 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 . 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 will be provided to the site.

13. In consideration of the above, the Project meets all of the requirements of section 66474 of the California Government Code , and the proposed map meets all of the requirements or conditions imposed by the Subdivision Map Act and the Escondido Municipal Code, including the Escondido Zoning Code, as detailed in the staff reports, the Escondido General Plan, and above findings.

No Net Loss

1. The purpose of Government Code section 65863 (“No Net Loss Law”), is to ensure development opportunities remain available throughout the planning period to accommodate a jurisdiction’s regional housing need allocation (“RHNA”), especially for lower- and moderate- income households. Jurisdictions also cannot approve new housing at significantly lower densities or at different income categories than was projected in the Housing Element without making specific findings and identifying other sites that could accommodate these units and affordability levels “lost” as a result of the approval.

2. The Project site contains seven parcels, three of which are identified in the Housing Element’s suitable sites inventory. Thos e sites contain nine existing dwelling units and are capable of accommodating an additional six units. While the Project would demolish the nine existing units, as well as four additional units on parcels not identified in the suitable sites inventory, it would construct 54 new units for a net increase of 41 units. Geographically, at least 31 of the new units, including the 10 affordable units, will be on the three suitable sites inventory parcels. Therefore, the Project would result in no net loss pursuant to the Government Code.

3. The Project would assist the City in meeting its RHNA by providing more units than identified for the Project site in the suitable sites inventory, including 10 affordable housing units where none are identified.

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Grading Exemption

1. The Project includes a request for a Grading Exemption for two fill slopes greater than 10 feet in height which are closer than 50 feet to a property line, as well as a cut -slope greater than 2:1 which has been determined by the Director to hav e a potential impact on adjacent properties. Because the Project includes a request for various waivers, as permitted by Density Bonus Law and the Escondido Zoning Code, the only finding that must be made is related to health and safety considerations due to slope stability. The preliminary geotechnical report prepared for the Project has indicated that the slopes do not pose a health and safety risk. Detailed plans and technical reports will be reviewed by the City as part of the grading plan submittal to ensure that the information contained in the preliminary geotechnical report is adequately incorporated into the final design, and all slopes would be landscaped in accordance with the zoning code.

Annexation Determinations:

1. The proposed annexation 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 enhance the character of Escondido.

2. The one parcel proposed to be annexed into the City of Escondido is 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 parcel. The City of Escondido Police Department, which already patrols the general area and works coo peratively with the San Diego County Sheriff, would assume responsibility for law enforcement. The 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 properties. 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 parcel has already been pre -zoned as RE-20, consistent with its General Plan land use designation.

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7. The requirements of the California Environmental Quality Act (CEQA) have been met because it was 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 IS/MND prepared for the project.

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EXHIBIT “H”

CONDITIONS OF APPROVAL
PL21-0269, PL21-0278, PL22-0584
Thi
s Project is conditionally approved as set forth on the application received by the City of Escondido on July 16, 2021, and the Project drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as approved on January 11, 2023, and shall not be altered without express authorization by the Development Service Department.

For t
he purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, or its successors in interest, as may be applicable.

A. General:

1. Ac
ceptance of Permit. S hould 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. Ac
ceptance of the Permit by the Applicant; and
b. Ag
reement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.

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

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

3. Cer
tification. 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 Resolution No. 2023-06
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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.

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. 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 Development Services 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 P ermit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Development Services.

7. Availability of Permit Conditions.

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

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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.

9. Compliance with Federal, State, and Local Laws. Nothing in this P ermit 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 activities 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 Development Services. 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 Development Services 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.

11. Costs of Municipal Services. 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 such funding shall be in accordance with the special tax levy adopted annually by the City Council based on the project density, 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 a Community Facilities District (“CFD”) or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Projects that elect to Resolution No. 2023-06
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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 Program. All requirements of the Public Art Partnership Program, Ordinance No. 86 -70 shall be satisfied prior to any building permit issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program.

13. Clerk Recording.

a. 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 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 working days of the effective date of the adoption 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 notification 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 increase 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 cor rect. The Applicant may be liable for any costs associated with rescission of such permits.

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

17. Indemnification, Hold Harmless, Duty to Defend.

a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunteers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sublessees, invitees, agents, 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 Resolution No. 2023-06
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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 approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).

c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the 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 extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

B. Construction, Maintenance, and Operation Obligations:

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

As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on the property advertising such property for sale or rent shall be in accordance with applicable laws, Resolution No. 2023-06
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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 improvements 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, maintenance, 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 P roject must comply with Article 66 ( Sign Ordinance) of the Escondido Zoning Code. Separate sign permits will be required for P roject 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).

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.

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10. Roof, Wall, and Ground Level Equipment. All mechanical equipment shall be screened and concealed from view in accordance with Section 33-1085 of the Escondido Zoning Code.

11. Trash Enclosures. Appropriate trash enclosure(s) with roof or other approved trash system shall be approved by the Planning and Engineering 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 inclu de overseeing the implementation of Project, compliance with Permit terms and conditions, and responding to neighborhood concerns.

14. Construction Waste Reduction, Disposal, and Recycling. Applicant shall recycle or salvage for reuse a minimum of 65% of the non- hazardous construction and demolition waste for residential projects or portions thereof in accordance with either Section 4.408.2, 4.408.3, or

4.408.4 of the California Green Building Standards Code; and/or for non- residential projects or portions thereof in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non -residential construction 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.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50 -horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB -verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Director of Development Services that (i) at least two construction fleet owners/operators in San Diego County wer e 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 Resolution No. 2023-06
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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 mitigation 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. Each residential unit shall be provided with two covered parking spaces.

2. Parking spaces provided by the Applicant, and any additional parking spaces provided above the required minimum amount, shall be dimensioned per City standards and be maintained in a clean, well-marked condition . The striping shall be drawn on the plans or a note shall be included indicating double-striping per City standards.

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

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

5. No parking shall be permitted on cul-de-sacs on Streets “F,” “G,” and “H,” and parking shall only be permitted on one side of Street “G,” as shown on the Project plans.

6. Driveways shall be placed in a manner that allows for the largest number of on -street parking spaces to be provided.

D.

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

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

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

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

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

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

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

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

b. Screen fencing, retaining walls, stormwater basin 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 approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection.

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

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

E. Specific Planning Division Conditions

1. The Applicant shall be responsible for ensuring that all mitigation measures identified in the Mitigation Monitoring and Reporting Program, included as Exhibit “C” to this resolution, are implemented.

2. 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”).

3. The Project will be required to obtain a Vegetation/Tree Removal Permit from the Planning Division for any removal not undertaken in conjunction with a grading permit.

4. The Project will be required to obtain a d emolition permit for the existing structures , and shall comply with construction waste management requirements.

5. Prior to issuance of building permit s, the Project will be subject to the design review by the Planning Commission for the single-family residences on Lots 1 – 12, 14 – 24, and 27 – 47.

6. Prior to issuance of a precise grading plan for Lot 13, the Applicant shall submit and obtain approval for Plot Plan application for the proposed duplexes on that lot.

7. The Project shall be consistent with the approved design waivers included in Attachment 2 to the Planning Commission staff report, dated December 13, 2022.

8. The design and appearance of the target units shall be consistent or compatible with the design of the total housing development in terms of appearance, materials, and finished quality.

9. The market-rate developer shall provide assurances through inclusion of notes on the Final Map that the all affordable housing units are constructed prior to construction of market-rate units in a quantity which exceeds that which would otherwise be permitted on the Property, inclusive of the Resolution No. 2023-06
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two existing units to remain. Certificates of occupancy shall be issued for all of the affordable housing units prior to issuance of the building permit for the 39th market-rate unit.

10. The Applicant shall prepare a Vector Management Plan (VMP) . The VMP shall include the following measures:

a. Trash and debris collection and removal shall occur continuously during all construction activities.

b. Temporary ponds or depressions shall be maintained by the routine removal of depressions, vegetation, sediment, trash, standing water and debris.

c. Application of standard BMPs in accordance with requirements of the City of Escondido.

d. The Applicant shall implement an active management plan to control mosquitos and vectors as described below:

1. During the wet season (October through March) any biofiltration basins shall be visually inspected monthly by the Homeowner Association for the presence of vectors. If necessary, corrective measures shall be initiated, including more frequent inspections if vector issues are identified by the public and/or routine inspections.

2. In the dry season (July through September) biofiltration basins shall be visually inspected weekly by the Homeowner Association for the presence of vectors, including more frequent inspections if vector issues are identified by the public and/or routine inspections.

e. Corrective Measures may include but not limited to:

1. The removal of emergent vegetation (e.g., cattails, sedges, etc.).

2. Emergent vegetation shall be controlled by hand labor, mechanical means or by frequent clear cutting, as the Proposed Project site is a recharge area for the groundwater aquifer.

3. Vegetation clearing is intended to prevent habitat for mosquito larvae.

4. Removal of the vegetation by hand shall be the preferred method in order to lessen the re-growth frequency and density.

F. Specific Building Division Conditions

1. Approval and subsequent development are subject to all conditions and requirements of the California Building Code and Building Division.

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G. Housing and Neighborhood Services Conditions:

1. The Project shall provide a minimum of 10 affordable dwelling units for low income households (those earning less than 80% of the Area Median Income for the San Diego-Carlsbad-San Marcos MSA). Prior to issuance of a building permit, the developer shall sign a binding affordable housing agreement with the City, which will set forth the conditions and guidelines to be met in the implementation of Density Bonus Law requirements and any other applicable requirements, and notes shall be added to the Final Map to this effect. It is anticipated that the affordable dwelling units will be for -sale units, however if they are rented, the affordable housing agreement shall require that the developer will be responsible for annual recertification of household income qualifications and compliance with rent limits. If the affordable dwelling units are rented, t he agreement will also establish specific compliance standards and remedies available to the City upon failure by the developer to restrict units to target households for the prescribed time period (55 years for all target units as described in Government Code section 65915(c)). Income- qualified households will be monitored by the City of Escondido Housing and Neighborhood Services Division for the duration of the affordability period. Monitoring fees will be applied per the affordable housing agreement.

If the affordable dwelling units are for-sale units, the affordable housing agreement shall ensure that the units are either:

a. Initially occupied by persons or families of low income (as defined in Section 50052.5 of the Health and Safety Code), are offered at an affordable housing cost (as defined in Section 50052.5 of the Health and Safety Code), and are subject to an equity sharing agreement in compliance with Government Code Section 65915(c)(2); or

b. Purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in Government Code Section 65915(c)(2).

2. All affordability agreements shall run with the land and be binding on the applicant and its heirs, transferees, assigns, successors, administrators, executors, and other representatives, and recorded on the applicable property for the requisite period of time.

H. Specific Engineering Conditions of Approval

GENERAL

1. The applicant shall provide the City Engineer with a Subdivision Guarantee and Title Report covering all subject properties.

2. The location of all existing on-site and adjacent utilities and drainage 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 and Improvement plans, and Final Map. This utility/facility relocation work shall be completed prior to issuance of Building Permits.

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3. 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 Grading Plan or Final Map.

4. 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 issuance of Grading Permit. This Cash Clean Up Deposit amount shall be 10% of the total cost of the project private improvements, drainage and landscaping. The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10 % of total public improvement cost estimate) bonds for all public improvements prior to approval of the Grading and Improvement Plans and issuance of Building Permits. All improvements shall be completed prior to issuance of a Certificate of Occupancy.

5. 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 virtual plan review portal as a single package containing all items on the Engineering Initial Submittal Checklists. Landscaping Plans shall be prepared by a Licensed Landscape Architect.

6. The Developer shall submit to the Planning Division a copy of the tentative map as presented to the Planning Commission and the City Council. The tentative map will be certified by the Planning Department that it is an accurate reproduction of the approved tentative map and must be uploaded with the first final engineering submittal to the Engineering Department.

7. This subdivision is contiguous to the facilities of the San Diego County Water Authority (SDCWA) and the SDCWA may be required to review and/or sign the improvement plans. It will be the responsibility of the developer to pay all SDCWA fees for plan checking and permit approval. All agency approvals shall be submitted to the City Engineer and verified prior to issuance of construction permits or map recordation.

8. No Building Permits shall be issued for any construction within this Subdivision until the Final Map is recorded and either:

a) All conditions of the Tentative 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.

9. 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 Resolution No. 2023-06
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changes. The determination and extent of the modification shall be to the satisfaction of the City Engineer.

10. 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.

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STREET IMPROVEMENTS and TRAFFIC

1. Public street and drainage improvements shall be constructed to City Standards as required by the Subdivision Ordinance 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, drainage, lighting, etc. shall be resolved to the satisfaction of the City Engineer.

2. Improvement plans prepared by a Civil Engineer are required for all public street and utility improvements.

3. Prior to first occupancy, the Developer shall construct street improvements, including but not limited to, concrete curb, gutter, street lights, street trees, paving and base on the following streets within and adjoining the project boundary:

STREET CLASSIFICATION
Conway Drive Local Collector (42’ curb to curb)
Stanley Avenue Local Collector (42’ curb to curb)
Lehner Avenue Residential Street (18’ CL to curb)
Streets F and H Residential Street (36’ curb to curb) Street G Rural Residential (28’ curb to curb)
Lots 9, 10, 23, 24 Access Private Alley (25’ wide)
Lot 13 (10 condo. units) Access Private Alley (24’ min. wide)

See appropriate typical sections in the current Escondido Design Standards for additional details.

4. Sidewalk construction shall be contiguous to the curb in accordance with current Escondido Design Standards. The sidewalk will be allowed to be noncontiguous in the segments designated and constructed as “Green Street” storm water treatment areas.

5. All cul-de-sacs shall have a 38’ curb face radius and shall conform to the current City of Escondido Design Standards.

6. Driveway access to the 10 condominium units on Lot 13 shall be improved with alley -type driveway apron in accordance with Escondido Standard Drawing No. G-5-E with a minimum throat width of 24 feet.

7. To mitigate the project’s Vehicle Miles Traveled (VMT) impacts, the Developer has identified and shall design and construct prior to first occupancy, the following mobility improvements at their sole expense:
• Intersection of N . Ash Street and Vista Avenue: Install high visibility crosswalks and accessible pedestrian signals on all four legs.
• Intersection of N. Broadway and Rincon Avenue: Install high visibility crosswalks on the north, south and east legs, and install accessible pedestrian signals on all four legs. • Intersection of Stanley Avenue and Conway Drive: Install high visibility crosswalks on the west leg and curb ramps on the northwest and southwest corner.

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• Intersection of Lehner Avenue and Conway Drive: Install high visibility crosswalks on the west and south legs, and curb ramps on the northwest corner.

For these VMT mitigation improvements, the Developer shall submit separate traffic signal and signing and striping modification improvement plans prepared by a Traffic Engineer for review and approval by the City Engineer. Traffic signal modifications shall be per current City, Caltrans, and CaMUTCD Standards and shall include all necessary equipment, hardware, and software.

The Developer’s Traffic Engineer will also be responsible for all new timing plans and coordinating the traffic signal modification and signing and striping work with the Developer’s contractor(s) and equipment suppliers and City staff.

8. The Developer’s engineer shall prepare and submit for approval by the City Engineer a complete final Signing and Striping plan for all improved roadways including those within the adjacent school zone. The Developer will be responsible for removal of all existing and construction of all new signing and striping in compliance with the new CaMUTCD standards and to the satisfaction of the City Engineer.

9. The address of each 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 and Fire Marshal.

10. The Developer will be required to provide a detailed “Detour and Traffic Control P lan”, for all construction within existing rights-of-way, to the satisfaction of the City Engineer. This plan shall be approved prior the issuance of an Encroachment Permit for construction within the public right- of-way.

11. Construction in the public rights -of-ways may be restricted during school peak hours (typically 7:00 to 8:30 am and 2:00 to 3:30 pm), unless a traffic management plan that proposes no conflict between construction and school traffic is approved by the City Engineer prior to issuance of an Encroachment Permit.

12. The Developer may be responsible for additional overlay of Conway Drive, Lehner Avenue, and Stanley Avenue 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.

13. 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.

14. The Developer is required to design, furnish and install LED street lighting per Escondido Standard Drawing E-1-E and in accordance with the City Design Standards and the requirements of the City Engineer.

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15. Street lighting is required on all on -site private drives serving 3 or more lots or units. It shall be the responsibility of the Homeowner’s Association to adequately maintain the street lighting system and such maintenance responsibility shall be clearly stated in the CC&Rs.

GRADING

1. A “Site Grading and Erosion Control P lan” prepared by a registered Civil Engineer shall be approved by the Engineering Department prior to issuance of building permits. The first submittal of the grading plan shall be accompanied by a 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. Any proposed retaining walls not a part of the building foundations or stem walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be shown on the site grading plan and the Soils Engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in the Geotechnical report. Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered by Regional or City Standard Drawings. The Developer will be required to pay for all required third party structural engineering review of these struct ural calculations and details. Stem walls, foundation structures, or deepened footings that are to be constructed as part of a building structure will be permitted as part of the Building Department plan review and Building Permit process.

3. 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.

4. Slope setbacks shall be of sufficient width to allow for construction of all necessary screen walls fencers, and/or brow ditches.

5. Increased cut slope setbacks may be required along the project boundary to avoid disrupting any existing septic systems in the adjoining residential areas and may be required to avoid encountering ground water problems. Actual setbacks to be used will be based on recommendations of the soils engineer. The requirements of the San Diego County Health Department should be consulted in this regard. In lieu of these requirements, or if the County Health Department requirements cannot be met, the Developer must arrange to connect adjoining existing dwelling units, now on private septic systems, to the public sewer system. In this regard, the developer will be required to make necessary arrangements for all main extensions, easements, and payment of all connection and permit fees. Any dwellings in the unincorporated areas must have special approval of the City Council before being connected to the City sewer
system. This requirement shall also apply to off -site road and utility improvements where existing septic systems are jeopardized as a result of these improvements.

6. It shall be the responsibility of the Developer to pay all plan check and inspection fees required by the San Diego County Health Department.

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7. 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.

8. 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.

9. All blasting operations performed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.

10. 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.

11. All lot lines shall be located at the top of slope unless otherwise approved by the City Engineer.

12. All private driveways and parking areas shall be paved with a minimum of 3” asphalt concrete over 6” of aggregate base or 7” Portland cement concrete over 6” aggregate base. All paved areas exceeding 15% slope or less than 1.0% shall be paved with Portland cement concrete.

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

DRAINAGE

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 W ork.

The drainage study shall be in conformance with the City of Escondido Design Standards.

2. Lot drainage shall meet the requirements of current Escondido Design Standards and the City Engineer and shall include the construction of necessary brow ditches.

3. The project shall limit peak drainage flows to their pre-construction rates. Details and calculations for this retention and attenuation shall be submitted and approved as part of the Drainage Study submittal and review.

4. A Final Storm Water Quality Management Plan (SWQMP) in compliance with the City’s latest adopted Storm Water Design Manual shall be prepar ed 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 calculations for treatment, hydromodification, and storage volumes. The SWQMP shall include detailed maintenance requirements and responsibilities for all onsite conveyance, diversion, treatment, and bio- retention facilities. The SWQMP shall demonstrate how any Resolution No. 2023-06
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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 drains 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 project 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 required 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 Street F and Resolution No. 2023-06
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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 accordance 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 City 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 Homeowners 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.

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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 westerly 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 with 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 private sewer system. The property owner 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.

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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 Plan(s) shall be submitted to the Engineering 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 controlled/gated access for the Homeowners 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 maintained by the Homeowners 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
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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:
• N ortheast 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 Homeowner’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 Homeowner’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. Building 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.

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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 will be drawn from this security. The remaining portion of this cleanup security shall be released upon final acceptance of t he grading for 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 necessary 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&Rs 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 subsequent to the Final Map recordation.

2. The Developer shall make provisions in the CC&Rs for maintenance by the Homeowners’ 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 Homeo wners’ 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.

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5. 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.

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 Homeowner’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 Developer 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.

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STAFF REPORT

February 8, 2023
File Number 0600-10; A-3441

SUBJECT
TRUNK SEWER REPLACEMENT PROJECT: BID AWARD, CONSULTING AGREEMENTS, AND BUDGET

ADJUSTMENT

DEPARTMENT
Utilities Department, Construction and Engineering Division

RECOMMENDATION
Request the City Council take the following actions:
1) Adopt Resolution No. 202 3-12, authorizing the Mayor to execute a Public Improvement Agreement in the amount of $ 8,482,904.64 with Southland Paving, Inc., the lowest responsive and responsible bidder, for construction of the Trunk Sewer Replacement Project (“Project”) ; and
2) Adopt Resolution No. 2023-13, authorizing the Mayor to execute a Consulting Agreement in the amount of $ 1,402,240 with Arcadis U.S., Inc. for construction management services for the Project; and
3) Adopt Resolution No. 2023-14, authorizing the City Manager to execute a Consulting Agreement in the amount of $155,560 with Infrastructure Engineering Corporation for engineering services during construction of the Project; and
4) Approve a Budget Adjustment in the amount of $9,400,000.

Staff Recommendation: Approval (Utilities: Christopher W. McKinney) Presenter: Angela Morrow, Deputy Director of Utilities, Construction and Engineering

FISCAL ANALYSIS
The Project, Capital Improvement Project (“CIP”) No. 801913, currently has funds available in the amount of $5,630,187. A budget adjustment in the amount of $ 9,400,000 is requested to fully fund the Project.

The total budget for this CIP includes funding for the public improvement agreement for construction, public improvement agreement for construction related to the emergency project, consulting agreements, contingencies for the agreements, construction water, staff time, and other small low dollar value agreements for the Project that do not require Council approval. Any funds remaining after the Project is completed will be returned to the unallocated Wastewater Reserves.

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PREVIOUS ACTION
On June 5, 2019, the City Council adopted Resolution No. 20 19-80, authorizing the Mayor and City Clerk to execute a consulting agreement with Infrastructure Engineering Corporation in the amount of $ 298, 630 for the design of the Trunk Sewer Replacement Project ; and approved a budget adjustment in the amount of $200,730.

One January 7, 2021, the City Manager approved a First Amendment to the Consulting Agreement with Infrastructure Engineering Corporation in the amount of $ 51,458 for the design of the Trunk Sewer Replacement Project.

BACKGROUND
The City of Escondido’s ( “City”) trunk sewer main is an integral part of the City’s sewer infrastructure system. Th e pipeline was originally constructed in 1959 , serving as the outfal l that conveyed treated sewage from the City’s wastewater treatment facility, which was previously located at the Public Works Yard. Once the Hale Avenue Resource Recovery Facility ( “HARRF”) was constructed, the outfall pipe was repurposed to serve as a trunk sewer main. The trunk sewer main consists of 24 -inch and 27 -inch reinforced concrete pipe, with short sections of asbestos cement pipe. The trunk sewer main currently conveys raw sewage from approximately 40 percent of the City to the HARRF. Extreme rain events over the past several years have further degraded the condition of the already aging pipeline and emergency action has been required to replace sections of the pipeline at imminent risk of failure.

The Project work will generally replace, upsize and realign approximately 5,000 linear feet of existing 24- inch, 27-inch and 39-inch diameter trunk sewer main via open trench construction with 30 -inch and 36- inch diameter trunk sewer main; construct approximately 200 linear feet of 48-inch diameter casing with a 36-inch diameter sewer carrier pipe via trenchless construction; construct approximately 1,200 linear feet of 8 -inch diameter sewer main; and construct approximately 100 linear feet of 24 -inch diameter sewer main. The Project was originally intended to replace five remaining sections of the trunk sewer that have not been replaced as a part of past emergency projects. The segments are located between the HARRF and the intersection of Quince Street and Norlak Avenue and include:

1. Section 1 - Approximately 1,100 linear feet ( “LF) of pipeline in Norlak Avenue and through the existing Public Works Yard;

2. Section 2 - Approximately 2,300 LF of pipeline in North Hale Avenue between the intersection of North Hale Avenue & Industrial Avenue and South Auto Parkway;

3. Section 3 - Approximately 820 LF of pipeline in South Hale Avenue and within the Casa Grande Mobile Estates;

4. Section 4 - Approximately 700 LF of pipeline that runs from the Casa Grande Mobile Estates, across Harmony Grove Road, and within the Escondido Church of God property; and 296
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5. Section 5 - Approximately 90 LF of pipeline that runs from the Green Tree Mobile Estates to the connection point at the HARRF.

The Engineer’s estimate for the Project was $8,575,712.

Competitive bids were opened by the City Clerk on January 12, 2023, with the following results:

1. Southland Paving, Inc., Escondido, CA $8,482,904.64

2. CCL Contracting, Inc., Escondido, CA $8,981,735.00

3. Griffith Company, Brea, CA $9,690,777.00

4. S.C. Valley Engineering, Inc., El Cajon, CA $10,375,885.00

5. MNR Construction, Inc., La Verne, CA $10,810,140.00

6. J.W. Fowler, Dallas, OR $11,413,810.00

7. Burtech Pipeline, Inc., Encinitas, CA $13,557,020.00 Staff has thoroughly reviewed the low bid subm itted by Southland Paving, Inc. and has determined that they are the lowest responsive and responsible bidder.

As a result of recent substantial rain events, on January 16, 2023, portions of t he existing 27-inch trunk sewer pipeline in Section 4 were compromised. On January 17, 2023, pursuant to Chapter 7 of the 297
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Escondido Municipal Code, the City Manager serving as the Director of Emergency Services, proclaimed a local emergency in order to take actions necessary to preserve life and property. Pursuant to the terms of Government Code §8558, the City Manager acted to forego normal bidding procedures and executed a Public Improvement Agreement with Southland Paving, Inc., to perform the emergency work.

Several components of the emergency project overlap with the Trunk Sewer Replacement Project. It is anticipated that a deductive change order will be issued once construction of the Project commences to account for the portions being done as a part of the emergency project.

The Utilities Department recommends retaining Arcadis U.S., Inc., a third-party construction manager, to manage the Project under the supervision of City staff. Proposals were solicited from three firms specializing in management of wastewater pipeline construction. Arcadis U.S., Inc. was selected based on their extensive experience successfully managing similar wastewater main construction projects. The contract for construction management services includes:
 full time construction inspections;
 construction project coordination with the City, the community, and independent consultants;  conducting construction meetings;
 managing construction documentation and record keeping;  reviewing contractor’s monthly progress payment requests and confirming that percentages and quantities of work completed align with the amounts requested for payment;  facilitation of partnering sessions;
 geotechnical support and special inspection services, such as welding and material testing; and  claim support.

The Utilities Department recommends retaining Infrastructure Engineering Corporation, Inc. to provide engineering services during the construction phase of this project. As the designer of record, Infrastructure Engineering Corporation has the required tec hnical knowledge and expertise to provide these engineering services for the Project. The contract for engineering services includes:
 responding to contractor requests for information (RFI’s);  responding to design clarifications and changes;
 attending construction field meetings;
 reviewing and approving submittals and shop drawings;  reviewing change order requests; and
 preparing record drawings.

RESOLUTIONS
A. Resolution No. 2023-12
B. Resolution No. 2023-12 – Exhibit “A”: Bid Award Trunk Sewer Replacement Project 298
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C. Resolution No. 2023-13
D. Resolution No. 2023-13 - Exhibit “A”: CM Services Trunk Sewer Replacement Project E. Resolution No. 2023-14
F. Resolution No. 2023-14 - Exhibit “A”: Engineering Services During Construction Trunk Sewer Replacement Project

ATTACHMENTS
A. Attachment “1” – Budget Adjustment

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RESOLUTION NO. 2023-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A PUBLIC

IMPROVEMENT AGREEMENT WITH SOUTHLAND
PAVING, INC., FOR THE CONSTRUCTION OF THE TRUNK

SEWER REPLACEMENT PROJECT

WHEREAS, the Escondido City Council authorized an invitation for bids for the construction of the Trunk Sewer Replacement Project (“Project”); and
WHEREAS, the Project work will generally replace, upsize and realign approximately 5,000 linear feet of existing 24-inch, 27-inch and 39-inch diameter trunk sewer main via open trench construction with 30-inch and 36 -inch diameter trunk sewer main; construct approximately 200 linear feet of 48 -inch diameter cas ing with a 36 -inch diameter sewer carrier pipe via trenchless construction; construct approximately 1,200 linear feet of 8 -inch diameter sewer main; construct approximately 100 linear feet of 24-inch diameter sewer main; and all other associated work; and WHEREAS, the City of Escondido (“City”) opened sealed bids for the Project on January 12, 2023; and
WHEREAS, City Staff thoroughly reviewed the low bid submitted by S outhland Paving, Inc., and have determined that it is the lowest responsive and responsible bidder; and WHEREAS, the Deputy City Manager / Director of Utilities has determined Southland Paving, Inc., to be the lowest responsive and responsible bidder and recommends awarding the bid in the amount of $8,482,904.64 to Southland Paving, Inc.; and
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WHEREAS, this City Council desires at this time and deems it to be in the best public interest to accept the recommendations of the Deputy City Manager/Director of Utilities and award this contract to Southland Paving, Inc.

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

1. That the above recitations are true.

2. That the Mayor and City Council accepts the recommendation of the Deputy City Manager / Director of Utilities.

3. That the Mayor is authorized to execute, on behalf of the City, a Public Improvement Agreement with Southland Paving, Inc. in substantially the same format as Exhibit “A,” which is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney. 301
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CITY OF ESCONDIDO

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is made and entered into as of this ____ day of _____________________, 2023 (“Effective Date”),

Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Stephanie Roman, P.E.
760-839-6290, ext. 7035
("CITY")

And: Southland Paving, Inc.
a California corporation
361 N. Hale Ave.

Escondido, CA 92029
Attn: Richard Fleck
760-747-6895
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of work relating to the Trunk Sewer Replacement Project (“Project”), occurring within public right-of-way or within public utility easements on properties generally located between the Hale Avenue Resource Recovery Facility (“HARRF”) and Quince Street over assessor’s parcel numbers (“APN”) 7723505242, 2350506500, 2323721900, 2323722000, 7723237658, 2325420700, 2325422700, 2325420300, and 2320905400 (“Property”), as further described herein.

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

1. Project Documents. The Notice Inviting Sealed Bids/Notice to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change Orders, Shop Drawing Transmittals, Information Required of CONTRACTOR, Non- collusion Affidavit, Insurance Certificates, Guarantees, General Conditions, Supplementary General Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement , and all modifications, addenda, and amendments thereto (“Project Documents”) are incorporated herein by this reference Resolution No. 2023-12
Exhibit "A"

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as if fully set forth herein. The Project Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

2. Description and Performance of Work
. CONTRACTOR shall furnish all w ork described in Project Documents, which is incorporated herein by this reference (“Work”). All Work to be performed and materials to be furnished shall be completed in a good workmanlike manner, free from defects, in strict accordance with the plans, drawings, specifications, and requirements set forth in the Project Documents and all provisions of this Agreement.

3. Compensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $8,482,904.64 (“Contract Price”). CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

4. Term and Time of Performance
. CONTRACTOR shall commence work within one week from the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy within 440 calendar days following the CITY’s notice to proceed (“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.

5. Time Is of the Essence. If the Work is not completed by the Completion Date, it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code section 53069.85, the Parties agree that CONTRACTOR shall pay to the CITY as fixed and liquidated damages, and not as a penalty, the sum of $1,500 per day for each calendar day of delay until the Work is completed and accepted (“Liquidated Damages Amount”). Th e Liquidated Damages Amount shall be deducted from any payments due to, or that become due to, CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the Liquidated Damages Amount.

6. Insurance Requirements
.

a. CONTRACTOR shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work, and the results of such Work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:

(1) Commercial General Liability . Insurance Services Office (“ISO”) Form CG 0001 11188 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury (including emotional distress), sickness, disease, or death of any person other than the CONTRACTOR's employees , and personal and advertising injury, and damages because of injury or destruction of tangible property, including loss of use resulting there from, with limits no less than $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage; or, if a general aggregate limit is applicable, either: (i) the general aggregate limit shall specifically apply to the project identified in the bid specifications or to the location of such project which is the subject of these bid specifications with coverage to be no less than $3,000,000, or (ii) the general aggregate shall be at least $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage.

(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non- owned autos (Code 9), including damages Resolution No. 2023-12
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because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles moving under CONTRACTOR’s control and engaged in the Work, with limits no less than $3,000,000 combined single limit per accident for bodily injury and property damage.

(3) Workers’ Compensation. Workers' Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

(4) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR.

b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:

(1) Compliance with General Condition Requirements. Insurance coverage shall comply with and meet all requirements set forth in Article 5.2 of General Conditions

(2) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:VII, or as approved by the CITY.

(3) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability additional insured endorsement shall be at least as broad as ISO Form CA 20 01.

(4) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

(5) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY.

(6) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.

(7) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required Resolution No. 2023-12
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by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.

(8) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.

(9) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to requi re complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.

d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

e. No Limitation of Obligations. The insurance requirements within this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions within this Agreement concerning indemnification.

f. Compliance. Failure to comply with any of the insurance requirements in this Agreement , including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of this Agreement, including, without limitation, the obligation to defend and indemnify the CTY and the City Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop Work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.

a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or Resolution No. 2023-12
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injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s (including CONTRACTOR’s agents, employees, and subcontractors, if any) Work pursuant to this Agreement or its failure to comply with any of its obligations contained herein, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any Work performed pursuant to this Agreement.

c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

8. Bonds
.

a. CONTRACTOR shall furnish and deliver to the CITY, simultaneously with the execution of this Agreement, the following surety bonds:

(1) Faithful Performance Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for faithful performance of this Agreement.

(2) Labor and Materials Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for payment to persons performing labor and furnishing materials in connection with the Project.

b. All bonds furnished to the CITY pursuant to this Agreement shall be in the form set forth herein and approved by the City Attorney.

c. All bonds shall be executed by sureties that are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the City. If one or more of such b onds shall, at any time, not be in full force and effect, CONTRACTOR shall immediately cease performance of the Work until CONTRACTOR is in full compliance with the bonding requirements of this Agreement and California law. All delays and costs incurred or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement.

e. All bonds shall be obtained from surety companies that are duly licensed or authorized in the State of California. Such surety companies shall also meet any additional requirements and qualifications as may be provided in the Supplementary General Conditions.

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9. Substitution of Securities . This Agreement is subject to California Public Contract Code section 22300, which permits the substitution of securities for any monies withheld by the C ITY to ensure performance of this Agreement . At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY , or with a state - or federally- chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion and acceptance of the Work, such securities shall be returned to the CONTRACTOR.

10. Contractor Default. In the event CONTRACTOR, for a period of 10 calendar days after receipt of written demand from the CITY to do so (“Cure Period”), fails to furnish tools, equipment, or labor in the necessary quantity or quality required by this Agreement, or fails to prosecute the Work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within the Cure Period, fails to continue to do so, then the CITY in its sole discretion may exclude the CONTRACTOR from the Property, or any portion thereof, and take exclusive possession of the Property or any portion thereof, together with all material and equipment thereon, and may complete the Work or any portion of the Work, either by (i) furnishing the necessary tools, equipment, labor, or materials; or (ii) letting the unfinished portion of the work, or any portion thereof, to another contractor; or (iii) demanding the surety hire another contractor ; or (iv) any combination of such methods. The CITY’s procuring of the completion of the Work, or the portion of the Work taken over by the CITY, shall be a charge against the CONTRACTOR and may be deducted from any money due or to become due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of such charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment if CONTRACTOR fails to pay in full any such cost incurred by the CITY. The permissible charges for any such procurement of the completion of the Work include actual costs and fees incurred to third party individuals and entities (including but not limited to consultants, attorneys, inspectors, and designers) and actual costs incurred by the CITY for the increased dedication of time of the CITY’s employees to the Project.

11. Other Legal Requirements Incorporated. Each and every provision of law and clause required by law to be inserted in this Agreement or its attachments shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though such law or clause were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party, the Agreement shall forthwith be physically amended to make such insertion or correction, without further changes to the remainder of the Agreement.

12. Merger Clause. Th is Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

13. Attorney’s Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

14. Independent Contractor . CONTRACTOR is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

15. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR, and pursuant to action of the Escondido City Council.

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16. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

17. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

18. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

19. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

20. Provisions Cumulative . The foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.

21. Business License . CONTRACTOR shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

22. Compliance with Laws, Permits, and Licenses . CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. This shall include, but shall not be limited to, all California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the work under this Agreement. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions.

CONTRACTOR shall file the required workers' compensation certificate before commencing work under this Agreement . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

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24. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained by CONTRACTOR who perform any portion of the Work under this Agreement are and will be authorized to perform the Work in full compliance with the IRCA. CONTRACTOR affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Work . CONTRACTOR agrees to c omply with the IRCA before commencing any portion of the Work, and continuously throughout the performance of the Work and the term of this Agreement.

25. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

SOUTHLAND PAVING, INC.

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)

___________________________________
Contractor's License No.

___________________________________
Tax ID/Social Security No.

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney

BY: __________________________

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

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Bond No.: _______________
Premium: _______________

FAITHFUL PERFORMANCE BOND

KNOW ALL BY THESE PRESENTS,

WHEREAS, The City Council of the City of Escondido, State of California, and Southland Paving, Inc. , a California corporation (“Principal”), have entered into th at certain Public Improvement Agreement dated (“Agreement,” hereby referred to and made a part hereof ), whereby Principal has agreed to install and complete certain designated public improvements associated with the Trunk Sewer Replacement Project.

WHEREAS, the Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement.

NOW, THEREFORE, we, the Principal and __________, a ______________ organized and existing under the laws of the State of California and authorized to act as a surety in the State of California (“Surety”), are held and firmly bound unto the City of Escondido, a California municipal corporation (“City”) in the penal sum of eight million four hundred eighty-two thousand nine hundred four dollars and sixty-four cents ($8,482,904.64), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

THE CONDITION of this obligation is such that if the Principal, or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and the Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Agreement or to the work or to the specifications.

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IN WITNESS WHEREOF, this instrument has been duly executed by the P rincipal and Surety above named, as of this ________ day of __________________, 20__.

_________________________________
Name of Principal

_________________________________
Address of Principal

By: __________________________________________
Signature of Person Signing on Behalf of Principal

__________________________________________
Name of Person Signing on Behalf of Principal

__________________________________________
Title of Person Signing on Behalf of Principal

_________________________________
Name of Surety

_________________________________
Address of Surety

By: __________________________________________
Signature of Person Signing on Behalf of Surety

__________________________________________
Name of Person Signing on Behalf of Surety

__________________________________________
Title of Person Signing on Behalf of Surety

(ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED.)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney

B
Y: _____________________________

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Bond No.: _______________
Premium: _______________

LABOR AND MATERIALS BOND

KNOW ALL BY THESE PRESENTS,

WHEREAS, The City Council of the City of Escondido, State of California, and Southland Paving, Inc., a California corporation (“Principal”), have entered into a that certain Public Improvement Agreement dated ______________________ (“Agreement,” hereby referred to and made a part hereof), whereby Principal has agreed to install and complete certain designated public improvements associated with the Trunk Sewer Replacement Project.

WHEREAS, under the terms of the A greement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Escondido, a California municipal corporation (“City”), to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, the Principal and __________, a ______________ organized and existing under the laws of the State of California and authorized to act as a surety in the State of California (“Surety”), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in t he performance of the A greement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of eight million four hundred eighty-two thousand nine hundred four dollars and sixty- four cents ($8,482,904.64), lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, as of this ______ day of ______________, 20__.

_________________________________
Name of Principal

_________________________________
Address of Principal

By: __________________________________________
Signature of Person Signing on Behalf of Principal

__________________________________________
Name of Person Signing on Behalf of Principal

__________________________________________
Title of Person Signing on Behalf of Principal

_________________________________
Name of Surety

_________________________________
Address of Surety

By: __________________________________________
Signature of Person Signing on Behalf of Surety

__________________________________________
Name of Person Signing on Behalf of Surety

__________________________________________
Title of Person Signing on Behalf of Surety

(ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED.)

APPROVED AS TO FORM:

O

FFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney

BY: __________________________

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CITY OF ESCONDIDO BUSINESS LICENSE

In accordance with Municipal Code Chapter 16, the successful bidder is required to obtain a City of Escondido Business License prior to execution of contract.

The following information must be submitted to the City Clerk prior to execution of contract:

City of Escondido Business License No. ___________________________ Expiration Date ______________________________________________ Name of Licensee ____________________________________________ __________________________________________________________

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WORKERS' COMPENSATION INSURANCE CERTIFICATE

If self-insured for Workers’ Compensation, the Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of the Labor Code, Sections 1860 and 1861, and I will comply with such provisions before commencing the performance of the work of the contract.

Southland Paving, Inc.

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)

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SAMPLE NOTICE

(Required Under General Conditions, Article 6.1.B)

TO THE PEOPLE ON THIS STREET:

WITHIN THE NEXT FEW DAYS, WORK WILL BE STARTED ON THE FOLLOWING PROJECT:

TRUNK SEWER REPLACEMENT PROJECT
The work may cause some inconvenience, but will be of permanent benefit.

We shall appreciate your cooperation in the following matters:

1. Please be alert when driving or walking in the construction area.

2. Tools, materials and equipment are attractive to children. For the safety of the children, please keep them away.

3. Please report all inconvenience to the jobsite superintendent, or to Randy Manns, City of Escondido - Utilities Construction Project Manager, 760-839- 6290, Ext. 7031. The name and phone number of the contractor are given below.

This work is being performed for the City of Escondido by:

Southland Paving, Inc.
(Superintendent Name)
(Phone Number)
We will endeavor to complete this work as rapidly as possible and with a minimum of inconvenience to you.

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RESOLUTION NO. 2023-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CONSULTING
AGREEMENT WITH ARCADIS U.S., INC., FOR

CONSTRUCTION MANAGEMENT SERVICES FOR THE

TRUNK SEWER REPLACEMENT PROJECT

WHEREAS, the City of Escondido (“City”) desires to construct the Trunk Sewer Replacement Project (“Project”); and
WHEREAS, the Project work will generally replace, upsize and realign approximately 5,000 linear feet of existing 24-inch, 27-inch and 39-inch diameter trunk sewer main via open trench construction with 30-inch and 36 -inch diameter trunk sewer main; construct approximately 200 linear feet of 48 -inch diameter cas ing with a 36 -inch diameter sewer carrier pipe via trenchless construction; construct approximately 1,200 linear feet of 8 -inch diameter sewer main; construct approximately 100 linear feet of 24-inch diameter sewer main; and all other associated work; and WHEREAS, the City desires construction management services for the Project; and WHEREAS, City staff solicited proposals from firms specializing in construction management of water projects; and
WHEREAS, City staff thoroughly evaluated the proposals received and the proposal from Arcadis U.S., Inc. was determined to be the best value proposal; and WHEREAS, Arcadis U.S., Inc. has the personnel, specialized services and expertise to manage the construction project; and
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WHEREAS, City staff have completed n egotiations with A rcadis U.S., Inc. for said construction management services and the Deputy City Manager / Director of Utilities recommends that the Consulting Agreement (“Agreement”) be approved; and
WHEREAS, this City Council desires at this time and d eems it to be in the best public interest to accept the recommendations of the Deputy City Manager/Director of Utilities and approve said Agreement in an amount not to exceed $1,402,240.

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

1. That the above recitations are true.

2. That the Mayor and City Council accepts the recommendation of the Deputy City Manager / Director of Utilities.

3. That the Mayor is authorized to execute, on behalf of the City, a Consulting Agreement with Arcadis U.S., Inc. in substantially the sa me format as Exhibit “ A,” whic h is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney. 319
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CITY OF ESCONDIDO

CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is made and entered into as of this _____ day of _______________, 2023 (“Effective Date”),

Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Randy Manns
760-839-6290, ext. 7031
("CITY")

And: Arcadis U.S., Inc.
a Delaware corporation
530 B St., Suite 1000
San Diego, CA 92101
Attn: Richard Farr
858-278-2716
("CONSULTANT").

(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to provide construction management, document control and special inspection services for the Trunk Sewer Replacement Project; WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CON SULTANT desire to enter into this Agreement for the per - formance of the Services described herein.

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

1. Description of Services
. CONSULTANT shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, Resolution No. 2023-13
Exhibit "A"

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and CONSULTANT shall accept in full, an amount not to exceed the sum of $1,402,240.

CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONSULTANT contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.

3. Performance
. CON SULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement . CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement , except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.

4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B”, attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.

CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a co mponent of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

a. Each individual listed on Attachment “B” must file (i) a Statement of Economic Interests Form 700 (“Form 700”) pursuant to the California Political Reform Act of 1974 within 30 days of commencing work pursuant to this Agreement and (ii) a “leaving office” Form 700 within 30 days of concluding work pursuant to this Agreement. If the term of this Agreement extends beyond one year, each individual listed on Attachment “B” must file a Form 700 on an annual basis for each subsequent term year on or before the first of April. The CITY may require each individual listed on Attachment “B” to assist the CITY in completing a Form 805 to identify consultants that make or participate in making governmental decisions and identify the consultants’ disclosure requirements. The Clerk’s Office will coordinate Form 700 and 805 completion on the CITY’s behalf.

5. Termination
. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONSULTANT with 10 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CON SULTANT for any other purpose without the CITY’s p rior written consent.

7. Insurance Requirements.
a. CONSULTANT shall pro cure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, Resolution No. 2023-13
Exhibit "A"

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by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & adv ertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions) . Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liabilit y additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any Resolution No. 2023-13
Exhibit "A"

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endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless
.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Resolution No. 2023-13
Exhibit "A"

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Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9 - 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

9. Anti-Assignment Clause
. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment , delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

11. Independent Contractor . CONSULTANT is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to Resolution No. 2023-13
Exhibit "A"