Escondido City Council
February 15, 2023

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Zones), and 63 (Transient Lodging Facilities) have been reviewed under prior ordinances adopted by the City of Escondido and reviewed for their consistency with existing uses (i.e., Articles 16 and 63) and/or are permitted within less intensive land use designations and found to have no adverse impacts within those land use categories; therefore, allowance of their use within a more intensive land use designation and zoning districts would have no adverse impacts (i.e., Article 26).

3. That the uses permitted by the proposed Zoning Code amendments would not be detrimental to surrounding properties in that the Zoning Code amendments which affect uses, such as those in Articles 16 (Commercial Zones), 26 (Industrial Zones), and 63 (Transient Lodging Facilities) have been reviewed under prior ordinances adopted by the City of Escondido and reviewed for their consistency with existing uses (i.e., Articles 16 and 63) and/or are permitted within less intensive land use designations and found to have no adverse impacts within those land use categories; therefore, allowance of their use within a more intensive land use designation and zoning districts would have no adverse impacts (i.e., Article 26);

4. That the proposed Zoning Code amendments are consistent with the adopted general plan
in that:
a. the Land Use and Community Form chapter states “Escondido’s growth and development patterns are to be managed in a way that does not overwhelm or reduce the quality of community services, safety and protection provided by the city.” The proposed Zoning Code amendments are consistent with this statement and will not adversely impact the public health, safety and welfare because those related to Article 1 (General Provisions and Definitions), Article 6 (Residential Zones), Article 16 (Commercial Zones), Article 22 (Heliport Overlay Zone), Article 26 (Industrial Zones), Article 27 (Emergency Shelter Overlay), Article 39 (Off -Street Parking), Article 44 (Home Occupations), Article 47 (Environmental Quality), 49 (Air Space Condominium and Community Apartment Projects ), Article 56 (Miscellaneous Development Standards), 57 (Miscellaneous Use Restrictions), Article 61 (Administration and Enforcement), Article 63 (Transient Lodging Facilities), Article 64 (Design Review), Article 66 (Sign Ordinance), Article 67 (Density Bonus and Residential Incentives), Article 70 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and Article 73 (Temporary Use, Outdoor Display and Sale of Retail Merchandise) are nominal in nature and/or are a requirement of state law, and; b. the proposed Zoning Code amendments correct internal inconsistencies, improve readability, update references to other code sections or regulatory documents, codify prior interpretations, and make the Code consistent with changing state or federal regulations. The proposed Zoning Code Ordinance No. 2023-06
Exhibit "A"

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amendments are consistent with the objectives, policies, general land uses, and programs within the General Plan as they further Goal 2, Policy 2.1 of the Land Use and Community Form chapter because, among other things, they address changes in state laws ; correct errors ; improve existing regulations to eliminate uncertainty for staff, customers, and the public; and are not intended to be a comprehensive update to the local code or change land use densities or intensities.

5. That the relationship of the proposed Zoning Code amendments is applicable to specific plans in that the proposed Project would not conflict with any specific plan as the proposed Zoning Code amendments are consistent with the objectives, policies, general land uses, and programs within the General Plan as they further Goal 2, Policy 2.1 of the Land Use and Community Form chapter because, among other things, they address changes in state laws ; correct errors; improve existing regulations to eliminate uncertainty for staff, customers, and the public; and are not intended to be a comprehensive update to the local code or change land use densities or intensities.

Ordinance No. 2023-06
Exhibit "A"

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1 EXHIBIT B
Omnibus 2022
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS
Definitions for Adjacent and Abutting, Restaurant, Off-Street Parking Sec. 33-8. Definitions.

Abutting- a structure, lot, or parcel of land having a common boundary with another structure, lot, or parcel of land including a structure, lot, or parcel of land which have no common boundary other than a common corner.

Adjacent- a structure, lot, or parcel of land that is close or contiguous to another structure, lot, or parcel of land.

Director means the director of development services.

Restaurant- See Restaurant, Sec. 14-1.1 of Chapter 14
Off-Street Parking- A site, or portion of a site, devoted to the parking of motor vehicles outside of the public right-of -way, including parking spaces, aisles, and access drives.

Ordinance No. 2023-06
Exhibit "B"

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ARTICLE 6. RESIDENTIAL ZONES
Size of Accessory Structures/Buildings to Primary
Sec. 33-103. Accessory buildings and building requirements. (a) Accessory buildings located within a required side or rear yard setback area for the primary structure shall be limited to one story and 16 feet in height. (b) Accessory buildings are subject to the property development standards as set forth in section 33-107, building requirements, generally.
(1) In addition to the restrictions of section 33- 107, a guest house or accessory dwelling unit shall not have a total floor area that exceeds 50% of the existing living area of the main building, unless otherwise permitted pursuant to Article 70. (2) A guest house may be attached to an accessory dwelling unit provided that the overall combined floor area of the combined building or structure does not exceed 75% of the main unit.
(3) In addition to the restrictions of sections 33 -102 and 33- 107, any attached or detached accessory structure/building shall not exceed 49% of the existing/proposed habitable space area of the main building, unless otherwise permitted pursuant to Article

70. (c) The minimum distance between the residence (or main building) and a detached accessory building shall be 10 feet. If the residence (or main building) and detached accessory building are both one story in height, then the minimum separation requirement may be reduced to five feet. A minimum of five feet is maintained for clear access between the detached accessory building and any other building or structure. (d) Nothing in this section or in section 33- 107 shall be construed to limit the development of an accessory dwelling unit in the location and manner as specified by Article 70.
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ARTICLE 16. COMMERCIAL ZONES
Addition of SRO use in Commercial Zones
Sec. 33-332. Principal land uses.

The following Table 33- 332 lists those uses in the commercial districts which are permitted (P) subject to administrative or plot plan review, or subject to a conditional use permit (C). Major conditional use permits (C) and minor conditional use permits (C#) shall be processed pursuant to Article 61, Division 1 of this chapter. In the planned development zones, permitted uses are identified in each planned development master plan approval. In addition to the uses listed below, the following uses shall be subject to conditional use permit requirements of section 33-1200 et seq., of this chapter. (a) Any use or structure permitted or conditionally permitted in a zone and involving hazardous materials is subject to conditional use permit requirements of section 33- 666 et seq., of this chapter.
(b) All uses permitted in the CN zone operating between the hours of 11 p.m. and 7 a.m. are subject to a minor conditional use permit.
(c) All uses and development permitted in the PD zone are subject to section 33- 400 et seq., of this chapter.
(d) The conversion of existing or vacant automobile dealerships to a new, substantially different, use shall require plot plan review pursuant to section 33-344 of this article.

Table 33-332

PERMITTED AND CONDITIONALLY PERMITTED PRINCIPAL USES
Note: The following use category to be added.

Use Title CG CN CP
Residential and Lodging
Single-Room Occupancy Units (Article 63) P1
1 Single -Room Occupancy (SROs) Units shall only be permitted as a result of conversion from existing hotel/motel uses in the CG zone subject to Article 63, section 33-1348.

P = Permitted use.
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ARTICLE 22. HELIPORT OVERLAY (H-O) ZONE
Removal of the Heliport Overlay Zone as it is no longer applicable Article 22. RESERVED
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ARTICLE 26. INDUSTRIAL ZONES
Addition of Broadcasting and Recording Studios in select Industrial Zones Sec. 33-564. Land uses.

Note: The following use category to be added
Table 33-564

PERMITTED AND CONDITIONALLY PERMITTED PRINCIPAL USES
Use Title I-O M-1 M-2 I-P
Broadcasting (radio and/or television), recording, and/or sound studios3 P P P P Notes:
* = As determined by the director and the fire chief based on information provided by the business describing the quantity and nature of hazardous chemicals used. ** = Retail or support service components greater than the maximum 15% floor area/sales allowed by section 33-565 (Accessory uses and structures) is allowed only in M-1 and M-2 zones, subject to conditions in section 33-566—Specialized retail uses.
*** = Only on sites immediately adjacent to the general commercial zone and within 500 feet of public transportation.
**** = Only on sites within the emergency shelter overlay, Figure 33-661, and subject to the requirements of Article 27.
***** = Dog shelters generally means an establishment, especially one supported by charitable contributions, that provides a temporary home for dogs, cats and other animals that are offered for adoption.
1 = Pursuant to Article 33 of the zoning code (recycling facilities). 2 = Pursuant to section 33-576 of this article (animal boarding and daycare). 3 = Includes instruction. Pursuant to Chapter 17, Article 12 (noise abatement and control)
P = Permitted use.

C = Conditionally permitted use subject to issuance of a conditional use permit; either major (C) or minor (C#) (pursuant to Article 61, Division 1 of this chapter). 5 Ordinance No. 2023-06
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ARTICLE 27. EMERGENCY SHELTER OVERLAY
Clarify Emergency Shelter Parking Requirements
Sec. 33-595. Development standards.
(d) Off-street parking shall comply with Article 39, Off-Street Parking. Non-operational and non-registered vehicles shall not be kept on the site. 6 Ordinance No. 2023-06
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ARTICLE 39. OFF-STREET PARKING
Streamlining nonresidential parking adjustments
Sec. 33-764. Adjustments to nonresidential parking.
(a) Administrative Adjustment. For uses in nonresidential zones, adjustments up to 25% of the number of parking spaces required by section 33- 765 may be considered by the director upon the submittal of an application for an administrative adjustment, with the application fee adopted by city council. The director may approve or conditionally approve the request upon demonstration that the proposed adjustment will be compatible with adjacent properties or improvements. The director will consider the following: proximity to public transit; on-street and/or overflow parking; and the range of uses in the area. The director shall give notice of his or her intended decision as outlined in Article 61 of this chapter. Multiple requests for reductions of required parking spaces may be considered when the total of all requests for reductions related to the subject property does not exceed 25% of the overall number of parking spaces required for the entire property.

1. When an adjustment to the number of parking spaces required for uses in a nonresidential zone is made in conjunction with a conditional use permit, the decision-making body for said conditional use permit shall be authorized to act on the parking adjustment as part of the action on the conditional use permit. No separate administrative adjustment shall be required.

7 Ordinance No. 2023-06
Exhibit "B"

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Removal of ADU parking requirement consistent with Article 70 and removal of redundancy emergency shelter use parking standard
Sec. 33-765. Parking spaces required.

Note: The following use categor y to be modified: Accessory dwelling units .

The following use category to be removed: Emergency Shelters Use Parking Spaces Required
Residential
Accessory dwelling units None.

Hotel Conversions Subject to Article 63, Sec. 33-1348(e)(11)

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Exhibit "B"

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ARTICLE 44. HOME OCCUPATIONS
Home Occupation Permit Requirement
Sec. 33-850. License required.

A legally established dwelling unit shall not be used for business purposes unless a business license has first been issued by the b usiness license division. A cottage food operation, as defined in the California Homemade Food Act, shall obtain a business license. A Microenterprise Home Kitchen Operation (MEHKO), as defined by the County of San Diego Department of Environmental Health and Quality, shall obtain a business license. A business license for a home occupation shall not relieve the permittee of any other requirements of this code or other applicable law pertaining to licenses and license taxes.

Sec. 33-851. Procedure.

The director may, upon application, authorize the issuance of a business license for a home occupation. Said license shall state the home occupation permitted, the conditions attached, and any time limitations thereon. The license shall not be issued unless the director is satisfied that the applicant will comply with all the conditions listed in sections 33-852 to 33-854 of this article as applicable.

Sec. 33-852. Minor Home Occupations.

A business license is required for any business operated in a dwelling unit or accessory building which has little to no external indication of commercial activity and which is not a major home occupation, as authorized by section 33-853. Each and every one of the following conditions must be observed at all times by the holder of the business license.
(a) Employees. Employees or assistants who are not occupants of the dwelling shall not be employed on the premises, except where specifically permitted by law. (b) The home occupation shall be conducted wholly within the structures on the premises and shall not exceed 25% of the total floor area of all legal structures on the premises.
(c) Inventory and supplies for the home occupation shall not occupy more than 50% of the permitted home occupation area.
(d) No structural alterations to the interior of the dwelling are permitted for the occupation if they would make it difficult to return the dwelling to exclusive residential use.

External changes, which make the dwelling appear less residential in nature or function are prohibited.
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(e) No storage of equipment, appliances, materials, or supplies shall be permitted where visible from the exterior of the property other than that storage normally found on the premises of a residence.
(f) No customer services or sales of goods, w ares or merchandise shall be made on the premises, except where specifically permitted by law. (g) Signs.
(1) No sign or advertising shall be displayed on the premises except where specifically required by law. Any required signs shall be no larger than the minimum size required by law.
(2) Residential addresses shall not be used in any advertising (i.e., newspaper advertisements, bulletin boards, paid electronic advertisements, and the like) unless otherwise required by law. Business cards and letterhead are not included in this requirement and may be permitted provided that they do not draw attention or customers to the property.
(h) No display of any kind shall be visible from the exterior of the premises. (i) Parking.
(1) Required residential parking shall be maintained and available for residential parking.
(2) All maintenance, service, or commercial vehicles, trailers or equipment shall be parked or stored entirely within a building or structure. Other vehicles that bear advertisements associated with the home occupation, which may be used for personal use, must be parked or stored entirely within a building or structure or parked in a screened area so that the vehicle is not visible from the public right-of-way. (3) No more than one business vehicle and one trailer are allowed for each resident involved in the home occupation.
(j) No mechanical or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with residential use or use customary to home crafts.
(k) On-site manufacturing is prohibited as a home occupation, with the exception of custom and visual art crafts (e.g., jewelry, art, ceramics, etc.), custom sewing and fabric crafts, and light wood working.
(l) Traffic.
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(1) The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located. (2) Customers. On-site customers are prohibited except as permitted for MEHKOs pursuant to California Health and Safety Code section 113825(a)(3). (3) Deliveries or pick -ups by normal delivery services shall occur between 8 a.m. and 5 p.m. No more than two deliveries per day except as permitted for MEHKOs pursuant to California Health and Safety Code section 113825(a)(9). (m) Cottage food operations. The following conditions shall apply to a minor home occupation for a cottage food operation (CFO).
(1) No more than one CFO is permissible per legally established dwelling unit. (2) No more than one part -time non -resident CFO employee is allowed on the premises at a time.
(3) On-premises customers and non-resident employee(s) of a CFO are limited to 8 a.m. to 5 p.m., 40 hours per week maximum. The required residential parking for the dwelling unit shall not be used by the CFO customers and employee(s). (4) A CFO shall comply with all other limitations of the California Homemade Food Act, which may be amended over time.
(n) Notwithstanding the above, all minor home occupations are also subject to the general conditions listed in section 33-854.
(o) Microenterprise Home Kitchen Operations (MEHKO) shall be subject to Chapter 5 of the San Diego Co unty Code of Regulatory Ordinances, which may be amended over time.

Sec. 33-853. Major home occupations.

A business license is required for any business operated in a dwelling unit or accessory building which may have or has external indication of commercial activity, but remains a home occupation and not a primary use of the property. Each and every one of the following conditions must be observed at all times by the holder of the business license.
(a) Employees. Only members of the family or household residing on the premises, and no more than two non- residents who commute to the home to work, may be continuously employed at any one time on the site, except where specifically permitted by law. For the purposes of this article, a non -resident employee includes an employee, 11 Ordinance No. 2023-06
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business partner, co- owner, or other person affiliated with the major home occupation who does not reside on the site, but who visits the site as part of the home occupation.

This provision does not allow employee shifts, with each shift staffed by different non- resident employees even when only two non -resident employees are at the site at any one time.
(b) The home occupation shall be conducted wholly within the structures on the premises and shall not exceed 33% of the total floor area of all legal structures on the premises.
(c) Inventory and supplies for the home occupation shall not occupy more than 50% of the permitted home occupation area.
(d) Although the dwelling and site must remain residential in appearance, internal or external changes may be necessary to support the home occupation, such as lighting and access control.
(e) No storage of equipment, appliances, materials, or supplies shall be permitted where visible from the exterior of the property other than that storage normally found on the premises of a residence, except for the outdoor storage of soft landscaping materials.

The outdoor storage of said soft landscaping materials is permitted only if the material is not visible from the public right-of-way. The storage of said materials must also not create a nuisance to surrounding property owners.
(f) Retail sales of goods must be entirely accessory to any services provided on the site (such as hair care products sold as an accessory to hair styling services), except for merchandise crafted on-site (e.g., crafts and artwork). (g) Signs.
(1) No sign or advertising shall be displayed on the premises except where specifically required by law. Any required signs shall be no larger than the minimum size required by law.
(2) Residential addresses may be used in print or electronic advertising provided that it is made clear that any on all on- site services are provided and/or offered by appointment only. Business cards and letterhead are not included in this requirement and may be permitted provided that they do not draw attention or customers to the property as drop-in or unannounced visits.
(h) No display of any kind shall be visible from the exterior of the premises. (i) Parking.
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(1) Required residential parking shall be maintained and available for residential parking.
(2) Home occupations with customer access shall maintain a driveway with a minimum depth of 20 feet from th e back of sidewalk, or edge of public right -of-way if no sidewalk exists, and be made available to customers or non- resident employees during business hours.
(3) The site shall have adequate on- site parking to accommodate the anticipated additional traffic or parking demand resulting from the proposed home occupation use, which may limit the intensity of home occupation types. (4) With the exception of approved driveways, and supplemental parking allowances per section 33-110, no parking shall be allowed in required front or side yard setbacks. (5) All maintenance, service, or commercial vehicles, trailers or equipment shall be parked or stored entirely within a building or structure. Other vehicles that bear advertisements associated with the home occupation, which may be used for personal use, must be parked or stored entirely within a building or structure or parked in a screened area so that the vehicle is not visible from the public right-of-way. (j) No mechanic al or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with residential use or use customary to home crafts.
(k) Traffic.
(1) The home occupation shall not generate pedestrian or vehicular traffic that noticeably affects the residential character of the neighborhood. (2) Customers. No more than eight clients or customers shall be on the premises in any one day.
(3) Traffic, which exceeds eight clients, customers, normal deliveries, or combination thereof per day, shall be a prima facie evidence that the activity is a primary business and not a home occupation.
(4) Customer or client business -related visits and non- resident employee arrivals and departures shall occur between 8 a.m. and 8 p.m.
(5) Deliveries or pick -ups by normal delivery services shall occur between 8 a.m. and 5 p.m.
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(l) If the major home occupation is to be conducted from rental property, the property owner’s authorization for the proposed use shall be obtained prior to approval. (m) Notwithstanding the above, all major home occupations are also subject to the general conditions listed in section 33-854.

Sec. 33-854. General conditions.

The following conditions are applicable to minor and major home occupatio ns, in addition to the conditions provided for in section 33-852 for minor home occupations and section 33-853 for major home occupations.
(a) Any special condition established by the director and made of record in the home occupation business license, as they may deem necessary to carry out the intent of this section, shall be met.
(b) Prohibited uses. The following uses are not incidental and secondary to the use of the dwelling as a residence nor are they compatible with surrounding residential uses and shall be prohibited as home occupations, notwithstanding the provisions of any other section of this article.
(1) Motor vehicle, trailer, boat, and heavy equipment repair or restoration (body or mechanical), upholstery, and painting;
(2) Vehicle services, including stereo and car alarm installation, and on- site vehicle detailing (washing, waxing, etc.);
(3) Vehicle on-site sales;
(4) Medical or professional clinics;
(5) Veterinary clinics;
(6) Commercial kennels and on-site pet day care facilities; (7) Massage establishments;
(8) Tattoo and/or body art/piercing establishments;
(9) Ammunition, explosives, or fireworks sales, use, or manufacturing; (10) Manufacture of any type of fuel(s) for use, storage, dispensing, or sales; and 14 Ordinance No. 2023-06
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(11) Other similar uses determined by the director not to be incidental or secondary to or compatible with residential activities.
(c) There shall be complete conformity with fire, building, plumbing, electrical and health codes and to all state and city laws and ordinances. (d) The home occupation shall not create impacts on municipal or utility services or community facilities from hazardous materials and other materials introduced into the wastewater system in excess of levels usually and customarily related to residential uses. (e) The home occupation shall not cause a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses.
(f) The home occupation shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not alter the residential character of the premises.
(g) The home occupation shall not unreasonably disturb the peace and quiet of the neighborhood as follows:
(1) No excessive mechanical equipment which produces vibration, smoke, dust, odors, heat, glare, or noxious fumes resulting from a home occupation or interferes with radio and television reception, shall exceed that which is normally produced in a single- family dwelling.
(2) Any noise generated by the home occupation shall be consistent with the requirements of Article 12 (Noise Abatement and Control) of Chapter 17 (Offenses) of the Escondido Municipal Code.
(3) No production, generation, or storage of any hazardous substances or materials beyond an amount that is commonly used for a single-family dwelling shall be permitted. (h) All business licenses for home occupations are subject to immediate cancellation in the event that the zoning regulations applicable to the premises are amended to prohibit such use.
(i) A business license for a home occupation issued to one person shall not be transferable to any other person, entity, or business, and is valid only for the property address set forth in the license.
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Sec. 33-855. Noncompliance.

Any business license for a home occupation shall be revoked by the business license division at the direction of the director upon violation of any requirements of this article, or upon failure to comply with any of the conditions or limitations of the license, unless such violation is corrected within three days of the giving of written notice
thereof. A license may be revoked for repeated violation of the requirements of this article, notwithstanding compliance with the notice.

S
ec. 33-856. Denial or revocation.

In the event of denial o f any license, or the revocation thereof, o r of object ion to the limitations placed thereon, appeal may be made pursuant to section 33-1303.

Sec. 33-857. Reserved.
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ARTICLE 47. ENVIRONMENTAL QUALITY
Climate Action Plan consistency clean up
Sec. 33- 924. Coordination of CEQA, quality of life standards, and growth management provisions.
(a) Negative and mitigated negative declarations. In situations where the preparation of a negative declaration is otherwise appropriate, yet quality of life standard deficiencies are found to exist, a negative declaration may still be prepared under the following circumstances, as applicable:
(6) Greenhouse gas (GHG) emissions. In situations where a negative declaration is otherwise appropriate, the following incremental GHG emissions are generally not considered significant:
(A) Projects that do not generate more than 500 metric tons (MT) of carbon dioxide equivalent (CO2e) GHG emissions and that are consistent with the General Plan, or (B) Projects generating more than 500 MT of CO2e that are consistent with the general plan, and that have demonstrated consistency with the Climate Action Plan (CAP) through completion of the CAP Consistency Checklist, adopted by separate resolution, or (C) Projects generating more than 500 MT of CO2e that are consistent with the general plan, and that cannot demonstrate consistency with the CAP through completion of the CAP Consistency Checklist due to unique land uses or circumstances for which no measures in the checklist would apply, but that can demonstrate consistency with the CAP through comparison to a numerical GHG threshold of 2.0 MT CO2e per service population per year, or
(D) Projects that are not consistent with the general plan and will generate greater GHG emissions than the allowable uses under the existing general plan land use designation that demonstrate through a project -specific analysis quantifying GHG emissions that through mitigation and design features, the project reduces GHG emissions consistent with the CAP;

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ARTICLE 49. AIR SPACE CONDOMINIUM AND COMMUNITY APARTMENT

PROJECTS
Align condominium or condominium conversions with the subdivision ordinance Sec. 33-951. Condominium or condominium conversion application (a) Permit required for new condominium projects and conversions to condominium ownership. A condominium permit and design review shall be required for all condominiums to be constructed or for existing buildings to be converted to condominiums in the City of Escondido.
(1) Application for a condominium permit shall be made to the director of development services, unless the action includes discretionary permits for which the planning commission or city council is the decision-making body.

Sec. 33-952. Commission action.

If required pursuant to section 33 -951, the planning commission shall review the application for a condominium permit and recommendation of the planning division. A public hearing on the application shall be held in accordance with Division 6 of Article 61 of this chapter . A recommendation shall be forwarded to the city council if the action includes discretionary permits for which the city council is the decision-maker.

Sec. 33-954. City council action.

If required pursuant to section 33- 951, after the submission of a formal recommendation by the planning commission, the city council shall review the application and recommendation during a public hearing held in accordance with Division 6 of Article 61 of this chapter, and shall approve, modify or disapprove the condominium permit.

Sec.
33-964. Required notices to tenants.

Condominium permits for the conversion of existing units are subject to all state- mandated notice requirements including:
(a) Current tenants of the apartments to be converted must be notified through mail, a minimum of 60 days prior to the filing of the application; (b) Written notice of the proposed conversion, has been, and will continue to be g
iven to all subsequent tenants;
(c) Each tenant has received 10 days’ written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate; 18 Ordinance No. 2023-06
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(d) Written notice of intent to convert has been, or will be provided to current residents for a minimum duration of 180 days prior to terminating tenancy; (e) Notice must be provided to each tenant a minimum of 10 days prior to any public hearing on the conversion;
(f) A copy of the staff report must be provided to each tenant a minimum of three days prior to any scheduled public hearing involving the proposed conversion. The applicant shall pay all copying, mailing, and handling costs in an amount adopted by resolution of the city council;
(g) Notice of the ultimate authority’s decision must be provided to each tenant 10 days after the approval of a final map;
(h) A 90 day notice of exclusive right to purchase from date of issuance of the subdivision public report per Section 11018.2 of the Business and Professions Code .

In addition to the notice requirements listed in this section, tenants shall be given notice of preferential opportunities to purchase an alternate unit on a first-come, first-serve basis.

Additionally, the notice of intent to convert may not be provided until after approval of the tentative subdivision map and condominium permit.

All notices must be personally delivered or sent via certified U.S. mail.

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ARTICLE 56. MISCELLANEOUS DEVELOPMENT STANDARDS
Modifications to barbed wire allowances
Sec. 33-1083. General fence and wall provisions
(a) Materials. Fences or walls may be constructed of any suitable materials in a manner appropriate to its design.
(1) Prohibited Materials:
(A) Electrified fencing
(B) In any residential zoning district, barbed wire, razor wire, or other similar fences with affixed sharp instruments;
(C)
Subsection (B) above notwithstanding, barbed wire is permitted in agricultural and residential estate zones on properties being used for agriculture or animal husbandry, subject to the following criteria:
(i) P
roperties must be a minimum of two acres;
(ii) Such fencing shall not be kept in a manner that is unsafe, abandoned or a materially dangerous condition;
(iii) Such fencing shall be set back from any public street or other public right-of-way a minimum of 20 feet unless it is not visible from such street or right-of-way; and (iv) Such fencing shall not be placed on the rooftop of any building. 20 Ordinance No. 2023-06
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ARTICLE 57. MISCELLANEOUS USE RESTRICTIONS
Clarifying what Entitlement (if any) is required for Schools Sec. 33-1103. Nursery, primary and secondary education.

For nursery, primary and secondary education (except small and family day care homes), permits as required by the underlying zoning designation, may be granted by the director, zoning administrator or planning commission upon consideration of the following criteria:
(a) An off-street area for the loading and unloading of children from vehicles should be provided and should be designed so as to provide for the forward movement of vehicles both upon entering and leaving the site;
(b) The use shall be conditioned upon there being off -street parking in conformance with Article 39 of this chapter.

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ARTICLE 61. AMENDMENTS AND ZONE CHANGES
Incorporation of general plan amendment initiation
Sec. 33-1261. Application, initiation and fee.
(a) A
n application for a zoning amendment may be initiated by the city or by the owner of property subject to the amendment. Applications shall be on city forms and accompanied by the applicable fee.
(b) An application for a general plan amendment/specific plan amendment may be initiated by the city or by the owner of property subject to the amendment. Applications initiated by the owner of the property subject to the amendment require initiation authorization by the city council. Applications shall be on city forms and accompanied by the applicable fees.

Plot plan expiration
Sec. 33-1317. Expiration and extension of time.

Unless otherwise specified in the action approving a plot plan, said approval shall become automatically null and void unless the project authorized by the plot plan approval has been substantially implemented within 24 months from the approval date. The abandonment or non-use of a plot plan approval for a period of 24 months shall also result in such approval becoming automatically null and void. The director shall have authority to grant extensions to the deadlines in this section. Once any portion o f a plot plan is utilized, the other conditions thereof become immediately operative and must be strictly complied with.
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Exhibit "B"

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ARTICLE 63. TRANSIENT LODGING FACILITIES
Hotel conversion update: permit type, unit count and parking.

Sec. 33-1348. Hotel conversions.
(e) Development Standards and Land Use Regulations. Development regulations shall be those of the base district in any zoning district in which an existing hotel or motel is located to ensure that hotel conversions may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. Exceptions to the development standards and land use regulations of any zoning district as enumerated in this subsection shall be provided to incentivize the reuse of hotel, motels, and other transient lodgings for group home or quarters, SRO units, multifamily housing, or combination thereof. When there are General Plan, Zoning Map, or specific plan amendments contemplated or under study as part of the hotel conversion request , the city may apply additional terms, limitations, or conditions to the application request so that the use more closely aligns with applicable, objective General Plan and zoning standards. (1) Minimum Lot Size. There shall be no applicable minimum lot width, depth, or total lot size for hotel and motel conversions.
(2) Residential Density. The resulting number of residential units after the conversion shall be no greater than the number of guest rooms in the existing hotel or motel unless otherwise described below.
(A) For 100% SRO conversions, a request to increase the number of residential units up to 15% of the number of permitted guest rooms in the existing hotel or motel may be considered by the planning commission upon submittal of a conditional use permit pursuant to Article 61, Division 1, with the application fee adopted by city council. (11) Parking. The number of off -street parking spaces required in connection with any particular land use shall be not less than the amount set forth below. (A) Market rate SRO/Multi -family units shall provide a minimum of one parking space per unit.
(B) The parking req uired for restricted group homes or quarters, SRO units, or multifamily dwelling units to be sold or rented to lower income households or target populations shall not exceed 0.5 parking spaces per unit. (C) If utilized for supportive housing development, consistent with Supportive Housing Law ( Government Code sections 65650 – 65656), if the supportive housing is located within one- half (1/2) mile of a public transit st op, no minimum parking requirements shall be applied for the units occupied by supportive housing residents, pursuant to Government Code section 65654.
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(D) Guest Parking Requirements.
(i) Market rate SRO units shall provide one guest parking space for every eight SRO units (0.125 guest parking spaced per unit).
(ii) The requirement to provide guest parking is waived for restricted, lower -income affordable dwelling units. Restricted SRO units or multifamily units with more than 30 converted guest rooms shall not be eligible for this waiver provision for the portion of units that exceeds 30 units; and shall provide one guest parking space for every eight SRO units (0.125 guest parking spaces per SRO unit), with a minimum of one guest parking space per project and a maximum of 15 stalls for guest parking. (C) With the exception of projects that allow only senior residents, projects that have less than one automobile parking space per unit shall provide one easily accessible space for storing and locking a bicycle per unit. For projects that provide one or more parking spaces per unit, at least one bicycle storage space for every three units shall be provided.

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Exhibit "B"

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ARTICLE 64. DESIGN REVIEW
Align condominium or condominium conversions with the subdivision ordinance Sec. 33-1354. Jurisdiction.

The following commercial, industrial, multifamily residential, and other projects shall be subject to design review by the planning commission, unless otherwise noted:
(a) Planned development projects, condominium permits requiring a tentative subdivision map, and all projects (besides single- family projects) requiring discretionary approval by the planning commission and involving new construction; (b) Proposed development standards or design guidelines for specific plans and overlay districts;
(c) Proposed signs as specified pursuant to Article 66, Sign Ordinance; (d) City-initiated projects that involve public facilities, including, but not limited to, libraries, major park structures, police stations, or fire stations, or major architectural or site modifications to existing public facilities.

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Exhibit "B"

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ARTICLE 66. SIGN ORDINANCE
Reference Correction
Sec. 33-1395. Sign standards—General.

All permanent freestanding signs shall not obstruct the vehicle sight distance area at the intersections and driveways to the satisfaction of the engineering department.

Freestanding signs shall not be placed within easements or over utility lines, except with the prior written approval of all easement holders. Any site plans submitted in conjunction with a sign permit application for a freestanding sign shall identify the location of easements or public or private utilities within 50 feet of the proposed sign location. On sites where the existing street is not constructed to the full designated width, signs shall be located behind the ultimate property line unless otherwise approved by the planning division and the engineering department with an agreement for future removal or relocation. In addition, all permanent freestanding signs shall incorporate the numerical address, or range of addresses, of the parcel or commercial center at which the sign is located. The area of the address shall not be counted in the area of the signs. All illuminated signs shall be equipped with automatic timing devices so that the lighting is turned off between the hours of 11 p.m. and sunrise, unless exempt pursuant to Article 35, Outdoor Lighting.

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Exhibit "B"

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ARTICLE 67. DENSITY BONUS AND RESIDENTIAL INCENTIVES
Consistency clean up items for state law compliance
Sec. 33-1413. Stand incentives for new residential construction Sec. 33-1413. Standard incentives for new residential construction. (b) Density bonus. When a developer seeks and agrees to construct a housing development meeting the criteria specified in subsection (a) of this section, the decision- making body shall grant a density bonus subject to the following:
(1) The amount of density bonus to which a housing development is entitled shall vary. The density bonus may be increased according to the percentage of affordable housing units provided above the minimum percentages established in subsection (a) of this section, but shall not exceed 50% , except in accordance with subsection (c) of this section or as otherwise authorized by State Density Bonus Law. (c) Density bonus in excess of 50%. In cases where a developer requests a density bonus in excess of that which is specified in this section, the city council may grant, at its discretion, the requested density bonus, subject to the following:
(1) The project meets the requirements of this article and State Density Bonus Law. (2) The requested density increase, if granted, is an additional density bonus and shall be considered an incentive.
(3) The city council may require some portion of the additional density bonus units to be designated as target units, at its discretion.
(d) Granting a lower density bonus. A qualified developer for a density bonus and/or additional incentives and concessions pursuant to subsection (a) of this section may request and accept a lesser density bonus, including no increase in density, and shall still be entitled to those additional concessions or incentives as specified in 33- 1415. No reduction will be allowed in the number of target units required. 27 Ordinance No. 2023-06
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ARTICLE 70. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
Removal of accessory dwelling unit permit for single family residential only Sec. 33-1471. Reserved
Sec. 33-1471. Permitted zones.

Accessory dwelling units and junior accessory dwelling units shall be permitted in areas zoned to allow single- family or multifamily dwelling residential uses, subject to Sec. 33 - 1472 of this Article.

Sec. 33-1472. Permit required.
(a) Accessory dwelling units on properties with legally established multifamily residential dwellings are subject to the approval of an accessory dwelling unit permit.
(b) Accessory dwelling units and junior accessory dwelling units on properties with legally -established single -family residential dwellings are subject to the approval of a building permit, unless additional requirements apply as described under Sec. 33-1475, Other Regulations.

Modification to allowable conversion space of habitable structures Sec. 33-1473. Occupancy limitations.
(a) Allowed use.
(3) Number of accessory dwelling units on legal lots with existing multifamily dwelling units:
(A) Shall be permitted to construct at least one accessory dwelling unit within portions of existing multifamily dwelling structures that are existing non-habitable space, and shall allow up to 25% of the units in each existing multifamily dwelling structure, in accordance with Government Code section 65852.2(e). Existing detached accessory structures cannot be attached to a multi -family dwelling structure for the purposes of creating an accessory dwelling unit; and
(B) Not more than two accessory dwelling units are permitted that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling.
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(C) For purposes of this article, “multifamily dwelling structure” or “multifamily dwelling” is defined as a structure with two or more attached dwellings on a single lot.

Sec. 33-1477. Application and procedure.

The director shall approve or disapprove an application for an accessory dwelling unit, ministerially, within 60 days after receiving a complete application . If the applicant requests a delay, the 60 day time period shall be tolled for the period of the delay. Only accessory dwelling units associated with existing multi -family dwelling units shall be required to obtain an accessory dwelling unit permit.

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Exhibit "B"

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ARTICLE 73. TEMPORAR Y USES, OUTDOOR DISP LAY AND SALE OF RETA IL

MERCHANDISE
Application of Article 35 on Temporary Use Permit Events Sec. 33-1534. Development standards.
(9) All exterior lighting utilized in conjunction with outdoor displays, or temporary events approved with a temporary use permit, shall conform to the requirements of Article 35, Outdoor Lighting.

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Exhibit "B"

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STAFF REPORT

February 15, 2023
File Number 0810-20

SUBJECT
BUSINESS RECOVERY ORDINANCE MODIFICATIONS (PL23-0005)

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council conduct a public hearing on the proposed Business Recovery Ordinance Modifications and act on the recommendation of the Planning Commission, which recommends the City Council:
1) Introduce Ordinance No. 2023 -07, amending the Escondido Zoning Code (EZC) to make permanent a series of temporary business relief measures adopted previously as an uncodified ordinance by the Escondido City Council through Ordinance No. 2020 -23, specifically including amendments to the following articles: Articles 26 (Industrial Zones), 39 (Off-Street Parking), 57 (Miscellaneous Use Restrictions), and 66 (Sign Ordinance).

Staff Recommendation: Approval (Development Services: Andrew Firestine, AICP) Presenter: Andrew Firestine, AICP, Director of Development Services

FISCAL ANALYSIS
This project has no direct fiscal impact to the City budget.

It is anticipated that the project will provide options for those businesses who are utilizing certain provisions of the uncodified Ordinance to continue to do so while allowing other businesses the option to do so in the future.

PREVIOUS ACTION
On January 24, 2023, the Planning Commission voted 3 -1, with three commissioners absent, to recommend approval of the proposed amendments with modifications presented by the commission.

Specifically, the Planning Commission recommended City staff modify the proposed language in Article 39 – Off-Street Parking as it pertains to the reservation of parking. Further deta il on the recommended change is described in the Analysis section of this staff report. City staff disagrees with the change offered by the Planning Commission and recommends the original language that was presented to them. The original language is reflected in Ordinance No. 2023-07. 186
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BACKGROUND
On March 16, 2020, the Escondido city manager issued a proclamation of a local emergency related to the COVID-19 pandemic, which was ratified by the City Council on March 18, 2020. This proclamation of local emergency remains in effect until it is rescinded by the City Council.

Governor Gavin Newsom announced in October 2022 that the State of California’s COVID -19 state of emergency will end on February 28, 2023. This action makes it more difficult for the City to sustain its proclamation of a local emergency and has prompted a review of those actions the City has taken under its emergency proclamation.

Under its local emergency proclamation, actions were taken to provide protection and relief to residents and businesses, including the approval of a local business recovery strategy and a series of urgency ordinances that established temporary business relief measures. The most recent of these was Ordinance No. 2020-23, an uncodified ordinance implementing regulations in support of the City’s business recovery strategy for the duration of the local emergency (Attachment “1”). This ordinance expires 30 days after the local emergency declaration is lifted.

Ordinance No. 2020-23 addressed several provisions of the Escondido Zoning Code that were modified in recognition of abrupt and immediate changes in business practices in response to the pandemic and a desire from residents and businesses for the City to be responsive to those changing needs. More specifically, it addressed: 1) temporary sign limits; 2) the regulation of alcohol sales; 3) carry-out zones; 4) accessory retail uses in industrial areas; 5) outdoor activities on private property; 6) outdoor activities in public areas; 7) parklets; 8) temporary indoor expansions; 9) temporary structures; 10) agricul tural experiences; and 11) home occupations.

Following Governor Newsom’s announcement in October 2022 regarding the end of the State of California’s state of emergency on February 28, 2023, staff initiated a review of Ordinance No. 2020-23 in anticipation of a similar action to terminate the proclamation of local emergency. This review has identified that many of the temporary business relief measures have served their purpose and do not need to be codified but there are several areas where it is desirable to allow the changes to become permanent so as to provide options to those businesses who are currently utilizing those provisions to continue to do so, with modifications in some cases, while extending the option to other businesses to do so in the futur e. More specifically, amendments to the Zoning Code are recommended to Articles 26 (Industrial Zones), 39 (Off-Street Parking), 57 (Miscellaneous Use Restrictions), and 66 (Sign Ordinance).

ANALYSIS
Table 1 provides a summary of the recommended amendments to the Zoning Code. Further analysis is provided for Articles denoted in bold in the Planning Commission staff report provided as Attachment “2”.

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TABLE 1 - SUMMARY OF PROPOSED CHANGES
Article Proposed Change
Article 26 – Industrial Zones
Increase the allowance for accessory commercial sales and service uses in industrial zones up to 50% of the gross building square footage. Remove expired subsection
pertaining to incubator uses.

Article 39 – Off-Street Parking
Authorize the designation of off-street parking spaces for curbside pick-up, restaurant carry -out zones, and similar purposes
Article 57 – Miscellaneous Use
Restrictions
Update of outdoor dining provisions to remove obsolete
language and to permit the conversion of existing parking spaces to off -street outdoor dining adhering to a set of standards and requiring design review.

Article 66 – Sign Ordinance Modification of definition to specifically include wayfinding signs adjacent to pick-up and carry-out zones
The set of proposed changes to the Zoning Code is limited in comparison to the scope of Ordinance No. 2020-23, largely due to the fact that the statewide restrictions that were in place through executive orders issued by Governor Newsom, including the Stay Home Order and the Blueprint for a Safer Economy, ended on June 15, 2021, and as such the necessity for many of the City’s temporary business relief measures diminished. his is particularly evident through an analysis of the temporary use permits issued under Ordinance No. 2020-23.

While the business recovery provisions remain in effect as of the date of this staff report, the City only issued six business recovery temporary use permits in 2022, all of which were for on-street outdoor dining on Grand Avenue, including The Grand Tea Room, Mikko Sushi, Burger Bench, H Brothers, O’Sullivans, and Plan 9 Alehouse. Those permits were conditioned to expire at the commencement of Phase II of the Grand Avenue Vision Plan improvements, a project that is currently under design.

Escogelato, another downtown business, was issued a business recovery temporary use permit in 2020 for a parklet on Kalmia. In 2021, Escogelato was issued an encroachment permit to allow this to become a more permanent improvement that will not expire upon the termination of Ordinance No. 2020-23.

In contrast to this, prior to the Governor’s actions to lift the statewide restrictions in June 2021, the City issued four business recovery temporary use permits in 2021 and 43 in 2020. Nearly all of the activities permitted under these temporary use permits have ceased. 188
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The proposed changes do not address parklets, more particularly defined in the uncodified Ordinance as the use of on-street parking spaces and sidewalks for restaurant dining and similar types of uses on streets with less than 12,000 Average Daily Trips and speeds limits of 30 mph or less through a special temporary use permit. Staff is aware of at least two businesses within the downtown area not located on Grand Avenue that have an interest in constructing a parklet.

A number of commun ities that temporarily permitted parklets within on -street parking areas have adopted programs and guidelines that continue to permit them as semi -permanent and permanent features, most often requiring them to meet established design and safety criteria th rough an encroachment permit process. Some have also established fees for the use of the space. Examples of those communities that have more fully developed programs and guidelines include San Diego, Palm Desert, Palm Springs, San Luis Obispo, Santa Barbara, and San Mateo. Should the City Council desire to continue discussion of parklets in the community, staff recommends that the economic development subcommittee undertake a review of those programs and assess potential options for consideration if they were to remain in Escondido in areas other than those designed as part of the Grand Avenue Vision Plan.

There is no evidence to support the continuation of the remaining provisions of Ordinance No. 2020 -23.

Table 2 of the Planning Commission staff report, Attachment “2” of this staff report, provides an analysis of these other provisions. Attachment “3” provides a strikethrough and underlined version of all Zoning Code changes. Exhibit “B” to City Council Ordinance No. 2023-07 provides a “clean” copy of the changes and reflects what they would look like if adopted by City Council.

During the January 24, 2023 Planning Commission hearing, commissioners discussed the merits and/or requested clarification of proposed changes related to Articles 26, 39, 57, and 6 6. The Planning Commission recommended approval of the Business Recovery Ordinance Modifications with a modification to Article 39 to restrict the special signed parking to a maximum of five percent of all special parking. Staff disagrees with this recomme ndation. If this recommendation is understood to mean that any parking reserved for curbside pick-up, restaurant carry-out zones, and/or other drop-off and pick-up related uses and activities would be limited to five percent of all reserved parking, this w ould limit the number of carry-out spaces to one space in nearly all cases. A development would need to provide at least 40 reserved parking spaces to be allowed two spaces under this provision. The intent of the original language was to provide businesses with additional flexibility to designate or reserve parking spaces up to a maximum number. Staff recommends the original language that was presented to the Planning Commission in lieu of their recommended modification.

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ENVIRONMENTAL REVIEW
There are a number of CEQA exemptions that are applicable to the Business Recovery Ordinance Modifications, all listed below. Some of the proposed amendments are not considered a Project under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines. The following is a list of categorical or statutory exemptions under CEQA that apply to the various proposed changes, in addition to section 15378(b)(5):

 The amendments that relate to error correction, formatting changes, and general reference clean ups are not considered a Project under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines. The scope of these proposed changes includes corrective clerical errors or clarification of ambiguities and relates to organizational and administrative acti ons of government that will not result in direct or indirect physical changes in the environment.

 The amendments that relate to a zone’s permitted use table (Article 26) are categorically exempt pursuant to CEQA Guidelines section 15301 (Existing Facilities) as such uses are already permitted in less intensive zones.

 The amendments that relate to a signage (Article 66) and the conversion of existing, required off- street parking to outdoor dining (Article 57) are categorically exempt pursuant to CEQA Guidelines section 15301 (Existing Facilities) as such uses would result in negligible or no expansion of the existing uses.

ORDINANCES
a. Ordinance No. 2023-07
b. Ordinance No. 2023-07 Exhibits “A” and “B”

ATTACHMENTS
a. Attachment “1” – Ordinance No. 2020-23
b. Attachment “2” – January 24, 2023, Planning Commission staff report (excerpted) c. Attachment “3” – Strikethrough and underline of proposed changes 190
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ORDINANCE NO. 2020-23

AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ESCONDIDO,

CALIFORNIA, FOR THE CORONAVIRUS
(“COVID-19”) EMERGENCY BUSINESS

RECOVERY STRATEGY
W
HEREAS, in a short period of time, COVID -19, which is a new strain of coronavirus that is the cause of an outbreak of respiratory illness, has rapidly spread throughout the State of California, necessitating stringent public health emergency orders as well as guidance and directives from federal, state, and local public officials; and WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency related to the COVID-19 outbreak pursuant to Section 319 of the Public Health Service Act; and
WHEREAS, on February 14, 2020, the San Diego County Public Health Officer declared a local health emergency due to the threat of COVID-19; and WHEREAS, on February 19, 2020, the San Diego County Board of Supervisors ratified the Declaration of Local Health Emergency and Proclamation of Local Emergency arising out of the COVID-19 outbreak; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom proclaimed a State of Emergency to exist in the State of California as a result of the thre at of COVID- 19; and
WHEREAS, various health organizations throughout the world, including the Centers for Disease Control and Prevention (“CDC”) and the World Health Organization (“WHO”), consider the COVID-19 virus to be a very serious health threat, a “public health DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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emergency of international concern,” and as of March 11, 2020, the WHO identified it as a pandemic; and
WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20 which, in part, took various actions pursuant to the Emergency S ervices Act (Government Code Section 8550 et. seq.), including an order to ensure adequate facilities to address the impacts of COVID-19; and
WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States, issued a Proclamation on Declaring a National Emergency c oncerning the COVID-19 Outbreak; and
WHEREAS, on March 16, 2020, the City Manager for the City of Escondido (“City”), acting in his capacity of Director of Emergency Services of the City (“Director”), proclaimed, through Proclamation No. 2020- 01, the existence of a Local Emergency related to COVID-19 within the City, and activated the Escondido Emergency Operations Center on that date; and
WHEREAS, as of March 18, 2020, the Escondido City Council adopted Proclamation No. 2020- 01, ratifying the declaration of the Director and declaring the existence of an on-going local emergency pursuant to COVID-19; and WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20, ordering all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors (also called the “Stay-at-Home Order”); and WHEREAS, new daily positive COVID- 19 case counts, total test -positive cases, and per capita totals slowed in late spring 2020. Because of the downtrend movement in DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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new cases, there was growing interest to support modifying the statewide Stay-at-Home Order to allow more businesses that had been closed to re- open. On May 7, 2020, the State Public Health Officer announced that statewide data supported gradually re- opening commercial retail, industrial manufacturing, and logistics businesses; and WHEREAS, pursuant to California Health and Safety Code S ection 120175.5(b) and the Order of the Health Officer and Emergency Regulations issued by the Health Officer of the County of San Diego, as updated on August 8, 2020 (“County Public Health Order”), all governmental entities in San Diego County are required to take necessary measures within the government entity’s control to ensure compliance with the County Public Health Order and reduce the risks of community spread of COVID - 19; and
WHEREAS, given the extraordinary health threat caused by COVID -19, the City Council adopted an Urgency Ordinance (Ordinance No. 2020-12) on May 20, 2020, and enacted temporary business relief measures and public health and safety protections related to statewide recovery and re- opening efforts in Escondido due to COVID -19, and to prevent or lower the risk of COVID-19 transmission; and WHEREAS, individuals with COVID- 19 may be asymptomatic, and physical distancing and modified business operations, such as using outdoor spaces and providing curbside pickup, takeout, and delivery, are critical and necessary for safely reopening businesses, preventing or mitigated a future spike in transmission, and helping to ensure the safety and protection of individuals participating in such business operations. Many businesses and employers need additional guidance and support in response to stabilizing operations for commercial retail, industrial manufacturing, and DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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logistics businesses. Furthermore, the patchwork of constantly evolving plans, health orders, and precautions recommended by health authorities has caused many local businesses and employers in Escondido to experience sudden and unexpected revenue or income loss from temporary business closures and/or modified operations; and
WHEREAS, in light of the on -going emergency regardi ng the COVID-19 pandemic, the City Council extended Urgency Ordinance No. 2020-12 on August 19, 2020, for an additional ninety (90) days; and
WHEREAS, the existing conditions that prompted the Director’s and City Council’s Proclamation of Local Emergency continue to exist. The underlying economic and health circumstances supporting the Urgency O rdinance(s) are equally true as of this date and as set forth in the above recitals, which are incorporated herein by reference.

NOW, THEREFORE, IT IS HEREBY RESOLVED and the City Council of the City of Escondido DOES HEREBY ORDAIN as follows:

SECTION 1. T he foregoing recitals are true and correct. City Council Proclamation No. 2020-01 ratifying the declaration of a Local Emergency and declaring the existence of an on-going Local Emergency related to COVID-19, California Governor Gavin Newsom’s Executive Orders N-25-20 and N-33-20, and the County Public Health Order are hereby incorporated into this Ordinance as if fully set forth herein.

SECTION 2. The existing conditions that prompted the Director’s and City Council’s Proclamation of Local Emergency continue to exist. In the interest of protecting the public health and safety, and minimizing and reducing the spread of the transmission DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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of COVID-19 and loss of life, property, and essential public services, the City Council finds a compelling need to establish a series of temporary business relief measures and otherwise mitigate the adverse effects of COVD-19 and the gradual re-opening process among all residents, businesses, and visitors of Escondido.

SECTION 3. California Environmental Quality Action (“CEQA”). Public Resources Code (“PRC”) S ection 21080(b)(4) and CEQA Guidelines S ection 15269(c) (14 C.C.R. Section 15269(c)) exempt from CEQA “specific actions necessary to prevent or mitigate an emergency.” PRC Section 21060.3 defines emergency as “a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.” The COVID -19 pandemic constitutes a “sudden, unexpected occurrence,” whereby the public health effects of the pandemic were felt in the City, County, and State suddenly and unexpectedly. Governmental efforts to mitigate the effects of the pandemic, such as closures and the Stay -at-Home order, also occurred suddenly, and these mitigation efforts, despite their necessity in light of the pandemic, have significantly and adversely impacted businesses, business owners, employees, and livelihoods, including having significant economic repercussions. Similarly, the pandemic and its mitigation efforts have affected the City’s delivery of its essential public services. Although the State and local authorities are evaluating the feasibility and scope of economic recovery and “re-opening” efforts, and such efforts are constantly evolving, those authorizations will not serve to fully mitigate the pandemic’s effects on businesses, the City, and the public, and it is likely that businesses and essential City services will not be able to survive, or public health to be negatively impacted, without the City’s implementation of the proposed DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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amendments to the Escondido Zoning Code . Further, the measures are necessary to comply with continued specific public health requirements associated with the pandemic, including social distancing. Thus, the COVID-19 pandemic is an emergency as defined in PRC Section 21060.3, and the recovery plan outlined herein is necessary to mitigate that emergency. For these reasons, the Urgency Ordinance is exempt from CEQA pursuant to PRC section 21080(b)(4) and CEQA Guidelines Section 15269(c).

As separate and independent bases, the amendments to the Escondido Zoning Code are categorically exempt from environmental review pursuant to CEQA Guidelines Section 15304(e) for minor alterations to land for temporary uses that have negligible or no permanent effects on the environment, CEQA Guidelines S ection 15311(c) for th e construction of or replacement of minor structures and temporary use items accessory to existing commercial, industrial, or institutional facilities.

SECTION 4. During this state of Local Emergency, the City Council hereby adopts the following temporary business relief measures:
1) Temporary Sign Limits. Section 33-1396(a) of Article 66 of the Escondido Zoning regulates the time, place, and manner of temporary signs, and limits these special event signs for a total duration of not more than sixty (60) days in a calendar year. Section 33- 1396(a) of Article 66 of the Escondido Zoning Code regulates temporary banner signs including an allowance for seventy-two (72) square feet and only one (1) special event banner is allowed for each street frontage, except for individual in- line shops in commercial centers where one (1) banner is allowed for each building face DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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fronting on a parking lot or a street. The foregoing limitations of temporary banner signs are hereby provisionally modified to allow for the following:
a. One (1) banner sign of up to seventy -two (72) square feet and one (1) additional banner sign of up to thirty-two (32) square feet for each street frontage or each building face fronting on a parking lot or a street.

The City Council also hereby adopts provisions to allow for the following temporary signs that are neither expressly allowed nor prohibited by the zoning ordinance, when they are on private property, project from private property over or into City property, or are located within t he public right-of- way.
a. A- frame sign(s) placed on private property adjacent to the primary entrance to the property, building, or tenant space for the purpose of identification, protection or directing persons to a use conducted therein, or identification of on-site protection or safety measures. b. Wayfinding or directory ground- mounted signs placed immediately adjacent to pick -up and carry -out zones, or parklets, designed or intended to be displayed for each service or delivery entrance.

Temporary signs specifically allowed by this Ordinance are exempt from and would not be counted towards the sixty (60) day calendar limit. An act to establish, erect, or maintain temporary banner, temporary A-frame signs, or wayfinding or directory ground mounted signs, as allowed by this Ordinance, shall be exempt from the application and sign permit DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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requirements but must be in conformance with all other requirements of this section. Except as modified by this section, the provisions, terms, and limitations of Article 66 sh all remain in full force and effect, including any timeframe or permit requirements with respect to signs not otherwise described herein.
2) Regulation of Alcohol Sales. The City Council hereby suspends local permit restrictions on Alcohol Beverage Control ( “ABC”) licensed restaurants that prevent off -site sale and delivery of alcohol, to the extent applicable, subject to the following conditions:
a. No wine or beer shall be sold with an alcohol content of greater than fifteen (15) percent by volume.
b. The sale of alcoholic beverages for off -site consumption shall only be made to patrons who purchase meals as defined in Business and Professions Code Section 23038.
c. All alcohol delivery persons shall be an employee of the restaurant who is twenty -one (21) years of age or older. Drivers delivering alcohol to said patrons shall document that the customer is twenty - one (21) years of age or older. No individual under twenty-one (21) years of age, or without proper identification, shall be served or sold alcohol.
d. Restaurants shall comply with the conditions contained within the ABC’s Notice of Regulatory Relief.

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e. That the suspension of local permit restrictions on ABC licensed restaurants shall be effective during the Urgency Ordinance’s effective period and/or shall last until the withdrawal of ABC Notice of Regulatory Relief, whichever occurs first.
3) Carry-Out Zones Established. The City Council desires to convert underutilized parking spaces into more functional spaces and to include use of parking space(s) or portion of the parking lane(s) as described herein.

The City Council hereby authorizes the reservation of no more than four (4) existing, striped parking space on the same premises for curbside pick -up, restaurant carry-out zones, and/or other drop -off and pick-up related uses and activities. The City Council furthermore authorizes the temporary use of no more than two (2) existing, striped parking spaces in the public street immediately adjacent to a businesses or employer, if any, for curbside pick- up, restaurant carry-out zones, and/or other drop- off and pick -up related uses and activities to the fronting private property. Temporary use of on- street parking spaces shall be limited to streets with speed limits of thirty (30) mph or less and shall be coordinated with neighboring businesses and business associations.
4) Accessory Retail Use in Industrial Areas. Retail accessory uses and structures are permitted in the industrial zones, provided they are incidental to and do not substantially alter the character of the permitted principal use or structure. Said regulations, described in Section 33- 565 of Article 26 of the Escondido Zoning Code, limit accessory retail use to fifteen (15) percent DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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of the gross building square footage. The foregoing limitation is hereby provisionally modified from fifteen (15) percent to fifty (50) percent.

Henceforth, no additional parking associated with this expanded accessory use authorization shall modify or change any on-site parking requirements.

Except as modified by this section, the provisions, terms, and limitations of Article 26 shall remain in full force and effect.
5) Outdoor Activities on Private Property (in Non- Parking Areas).

Authorization of temporary outdoor display and sale events in commercially zoned districts of the City, described in Sections 33- 1533(b) and 33- 1534(c)(1) of Article 73 of the Escondido Zoning Code, are hereby provisionally modified and henceforth to allow a variety of outdoor sale events; displays; professional, recreation or instructional services; and/or assembly in non-parking areas of private property. Henceforth, no zoning permit or fees shall be required to establish outdoor activities in non-parking areas of private property. Furthermore, outdoor activities on private property shall be allowed to recur during normal business hours and for as many days as necessary within the time limits of the Ordinance’s effective period. All shade tents shall be reviewed by the building division and fire department for compliance with all building and fire codes. No fees shall be required for tent permit applications or tent inspection, if required by the Fire Chief or designee. Except as modified by this section, the provisions, terms, and limitations of Article 73 shall remain in full force and effect.

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6) Outdoor Activities on Private or Public Property (Parking Areas). A business establishment can be expanded into temporary outdoor areas to allow a variety of outdoor sale events; displays; professional, recreation, or instructional services in parking areas located on private or public property.

Outdoor activities in parking areas shall be allowed to recur during normal business hours, subject to a special temporary use permit. No permit or fee shall be required for assembly or assembly services, which may include social clubs, churches, and/or protests. All shade tents shall be reviewed by the building division and fire department for compliance with all building and fire codes. No fees shall be required to review special temporary use permit and/or tent permit applications or tent inspection. a. A temporary outdoor use in a private parking area can only be located in a zone in which the primary use is an allowed use or conditionally permitted use under the base zoning designation. A temporary outdoor use in a private parking area can only be located on the same parcel that is entitled for the use.
b. A temporary outdoor use in a public parking lot shall obtain authorization by the City’s Manager’s Office or Community Services Department.
7) Parklets Established. The City Council desires to convert underutilized on-street parking spaces and/or public sidewalks into more functional spaces and hereby authorizes the conversion of on-street parking or public sidewalks to parklets through the issuance of special temporary use DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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permits. Henceforth, parklets are permitted on streets with less than 12,000 Average Daily Trips and speed limits of thirty (30) mph or less. Each parklet must be located within an existing, striped space and located immediately adjacent to a business or employer. Additional parklet space(s) and/or public sidewalk space(s) may be utilized if the associated property owner and/or business establishment assigns rights to use the associated parklet space(s) and public sidewalk.
8) Temporary Indoor Expansions. A legal a nd conforming business area can be expanded into temporary indoor areas subject to a special temporary use permit, including into an existing nearby space or building, when shown to be necessary to comply with continued specific public health requirements associated with the pandemic and to accommodate physical distancing without increasing the overall capacity or occupancy of the operation. However, a temporary indoor area can only be located in a zone in which the primary use is an allowed use or conditionally allowed under the base zoning designation.
9) Parking Regulations Exemption. A temporary modification is exempt from additional parking regulations. Any temporary off -site parking arrangements or reciprocal parking agreements, necessary to temporaril y support a business recovery and/or implementation of a temporary outdoor use subject to a special temporary use permit, may similarly be reviewed and considered as a special temporary use.

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10) New Structures and Modifications. A business may erect a new temporary structure or make a minor modification to an existing structure as part of a temporary modification. A temporary modification is exempt from Design Review or other zoning permits.
11) Agricultural Experiences. An allowed agricultural use may conduct an agricultural experience that complies with all of the following:
a. The use is incidental to a primary agricultural use and features predominately agricultural products grown or produced onsite. b. Hikes, tours, educational seminars, and/or food sales or service must occur during business hours. No overnight sleeping
accommodations are allowed.
c. No permanent improvements are necessary to accommodate or support the agricultural experience, such as construction or grading. d. The use complies with environmental health requirements, including those related to food service, porta-toilets, trash containers, fire and building codes, the Department of Alcoholic Beverage Control requirements, and any other applicable requirements.
12) Home Occupations. Home occupations require a home occupation permit. Henceforth, all bona fide home occupations shall allow on-premises employees and customers.
a. No more than two (2) non- residents who commute to the home to work may be continuously employed at any one time on the site, except where specifically permitted by law.

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b. No more than eight (8) clients or customers shall be on the premises in any one (1) day.

Each and every one of the other conditions listed in Section 33- 852 of the Escondido Zoning Code must be observed at all times by the holder of a home occupation permit. A home occupation shall continue to comply with all of the codes adopted by reference (including but not limited to the Uniform Building Code, Uniform Plumbing Code, Uniform Fire Code, etc.) and shall require ADA clearances as determined necessary by the Building Official. T he Director of Community Development may, upon application, issue a home occupation permit, which shall state the home occupation permitted, the conditions attached, and any time limitations thereon.

SECTION 5. In addition to the temporary uses or operational needs expressively stated within this Ordinance, the Director of Community Development, or his designee, may issue a special temporary use permit for a temporary indoor or out door use found to be necessary to respond to the current and continuing health, safety, and financial circumstances of the COVID-19 emergency. Such uses must serve to increase and improve patron and pedestrian mobility and access to businesses engaging in practices that are conducive to social distancing and other applicable health and safety practices, including complying with the County Public Health Order and all other applicable governmental and agency health and safety requirements. Such uses may include temporary use allowances, expanded business hours, drive- through or drop- off/pick-up operations, or other measures if it is shown necessary for business recovery or other pressing need related to the pandemic.

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SECTION 6. The City Manager, or his designee, shall create and maintain a master permitting and/or tracking program to help implement this Ordinance. Each application shall be reviewed for public safety issues unique to the pedestrian and vehicular needs of the specific location. The business or employer must agree to provide to the City a Certificate of Liability insurance naming the City as additional insured.

Additional conditions may be included prior to the issuance of any permit covered by this Ordinance.

SECTION 7. This Ordinance is effective on the date of its adoption and shall remain in effect until 30 days after expiration or termination of the Local Emergency, or until this Ordinance is modified or revoked by the City Council whichever is sooner. All ordinances or parts of ordinances in conflict herewith are hereby temporarily suspended, effective immediately and in effect through the time the Ordinance is in effect, unless stated otherwise. After the expiration of the Ordinance, the provisional business relief measures shall be deemed expired and of no further force or effect. All rights and obligations under this Ordinance shall be concluded.

SECTION 8. During the effective period of the Ordinance, businesses and employers have a right to undertake and complete the developme nt and use of property or utilize any and all business relief measures, or portions thereof. All temporary modifications must comply with all other state and local laws, including encroachment, building, grading, fire, and health code requirements, the California Disabled Persons Act, the State Shelter Order, and the County Health Order.

SECTION 9. No Property Rights Conferred. Use or development of a temporary modification does not confer a property interest, vested right, or entitlement to DocuSign Envelope ID: AA331439-FEC4-418F-95C4-779535FD37BA Attachment "1"
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continue through the Ordinance’s effective period or receive a future entitlement for use of the temporary modification. These business relief measures shall not be extended by any amendments or modifications unless expressly provided by the City Council. Upon the Ordinance’s expiration, the City Council’s policy shall revert to the zoning ordinance as written and all temporary displays and physical improvements authorized by this Ordinance shall be removed immediately, at the expense of the business or employer.

Temporary modifications must either be restored to their prior condition or the applicant must apply for and diligently pursue retention of these modifications on a permanent basis.

SECTION 10. The City of Escondido reserves the right to enforce this Ordinance pursuant to Escondido Municipal Code Section 1- 13 and to pursue any other remedies legally available against individuals or entities who knowingly or intentionally violate the provisions of this Ordinance or falsify information to qualify for the relief granted by this Ordinance. If the Director of the Community Development Department, or his/her designee, determines that a temporary modification is a nuisance or does not comply with this Ordinance or applicable provision of the Zoning Code, it may, at the Director’s discretion, require changes to the temporary modification, suspend use of the temporary modification, or require that the temporary modification cease.

SECTION 11. There are no assurances to residents, businesses, or visitors that the affected chapters and sections of this Ordinance will not be subject to future revisions.

The establishment of this Ordinance shall not preclude, change, or impair the authority of the City to adopt and/or enforce Zoning Code provisions, Municipal Code ordinances, or other governing situations.

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SECTION 12. The adoption of this Ordinance is not intended to affect or disrupt the continuity of the City’s business or administration of its law, including but not limited to the following:
• Actions and proceedings that began before the effective date of this Ordinance;
• Prosecution for ordinance violations committed before the effective date of this Ordinance; and/or
• The amount, or collection, of license, fee, penalty debt, forfeiture, or obligations due and unpaid as of the effective date of this Ordinance.

SECTION 13. This Ordinance is intended to supplement, not to duplicate, supplant, or contradict, applicable state and federal law, as well as the County Public Health Order, and shall be interpreted in light of that intent. If any section, subsection, paragraph, sentence, clause, or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

SECTION 14. All businesses that are allowed to open must modify operations to comply with the State and County Public Health Orders, guidelines, and regulations specific to their industry sector from relevant local and state agencies, as well as prepare, post, and implement a social distancing protocol to protect employees, customers, and the general public, and self-certify compliance. Businesses that perform group instruction or assembly must not exceed the maximum number of individuals in a group allowed under the County Public Health Order for outdoor activity businesses or for gatherings.

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SECTION 15. The City Council does not request codification of this Ordinance because the Ordinance is temporary and, therefore, not a general ordinance in force.

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PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 21st day of October, 2020 by the following vote to wit:

AYES : Councilmembers: DIAZ, MARTINEZ, MORASCO, MCNAMARA NOES : Councilmembers: NONE
VACANT : Councilmembers: DISTRICT 2
APPROVED:

PAUL MCNAMARA, Mayor of the
City of Escondido, California

ATTEST:

ZACK BECK, City Clerk of the
City of Escondido, California

*****

STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.

CITY OF ESCONDIDO )

I, Zack Beck, City Clerk of the City of Escondido, hereby certify that the foregoing ORDINANCE NO. 2020-23 passed at a regular meeting of the City Council of the City of Escondido held on the 21 st day
of October, 2020, after having been read at the regular meeting of said City Council held on the 16th day of September, 2020.

ZACK BECK, City Clerk of the
City of Escondido, California

ORDINANCE NO. 2020-23
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Agenda Item No.: G.2
Date: January 24, 2023
PROJECT NUMBER / NAME: PL23-0005 / Business Recovery Ordinance Modifications REQUEST: A series of amendments to the Escondido Zoning Code to make permanent a series of temporary business relief measures adopted previously as an uncodified ordinance by the Escondido City Council through Ordinance No. 2020-23. The proposal involves minor amendments to Articles 26 (Industrial Zones), 39 (Off -Street Parking), 57 (Miscellaneous Use Restrictions), and 66 (Sign Ordinance).

LOCATION: Citywide
APN / APNS: N/A
GENERAL PLAN / ZONING: N/A
APPLICANT: City of Escondido
PRIMARY REPRESENTATIVE:

Development Services
DISCRETIONARY ACTIONS REQUESTED: Zoning Code Text Amendments PREVIOUS ACTIONS: N/A
PROJECT PLANNER: Andrew Firestine, Director of Development Services CEQA RECOMMENDATION: Statutorily or categorically exempt pursuant to Public Resources Code section 21080.17 and CEQA Guidelines sections 15282(h), 15301, 15303, or does not qualify as a “project” under CEQA.

STAFF RECOMMENDATION: Recommend approval of the Project to City Council REQUESTED ACTION: Approve Planning Commission Resolution No. 2023-03 CITY COUNCIL HEARING REQUIRED: ☒ YES ☐ NO
REPORT APPROVALS: ☒ Andrew Firestine, AICP , Development Services Director
☒ Adam Finestone, AICP, City Planner
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A. BACKGROUND:

On March 16, 2020, the Escondido city manager issued a proclamation of a local emergency related to the COVID -19 pandemic, which was ratified by the City Council on March 18, 2020 .

This proclamation of local emergency remains in effect until it is rescinded by the City Council.

Governor Gavin Newsom announced in October 2022 that the State of California’s COVID-19 state of emergency will end on February 28, 2023. This action makes it more difficult for the City to sustain its proclamation of a local emergency and has prompted a review of those actions the City has taken under its emergency proclamation.

Under its local emergency proclamation, actions were taken to provide protection and relief to residents and businesses, including the approval of a local business recovery strategy and a series of urgency ordinances that established temporary business relief measures. The most recent of these was Ordinance No. 2020 -23, an uncodified ordinance implementing regulations in support of the City’s business recovery strategy for the duration of the local emergenc y (Attachment 1). This ordinance expires 30 days after the local emergency declaration is lifted.

Ordinance No. 2020-23 addressed several provisions of the Escondido Zoning Code that were modified in recognition of abrupt and immediate changes in business practices in response to the pandemic and a desire from residents and businesses for the City to be responsive to those changing needs. More specifically, it addressed: 1) temporary sign limits; 2) the regulation of alcohol sales; 3) carry-out zones; 4) accessory retail uses in industrial areas; 5) outdoor activities on private property; 6) outdoor activities in public areas; 7) parklets; 8) temporary indoor expansions; 9) temporary structures; 10) agricultural experiences; and 11) home occupations.

Following Governor Newsom’s announcement in October 2022 regarding the end of the State of California’s state of emergency on February 28, 2023, staff initiated a review of Ordinance No. 2020-23 in anticipation of a similar action to terminate the proclamation of local emergency. This review has identified that many of the temporary business relief measures have served their purpose and do not need to be codified but there are several areas where it is desirable to allow the changes to become permanent, which is the focus of this staff report and resolution. More specifically, text amendments to the Zoning Code are recommended to Articles 26 (Industrial Zones), 39 (Off-Street Parking), 57 (Miscellaneous Use Restrictions), and 66 (Sign Ordinance).

This action requires Planning Commission recommendation and City Council adoption.

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B. PROJECT ANALYSIS:

Table 1 provides a summary of the recommended amendments to the Zoning Code. Further analysis is provided for Articles in denoted in bold.

TABLE 1 - SUMMARY OF PROPOSED CHANGES
Article Proposed Change
Article 26 – Industrial Zones
Increase the allowance for accessory commercial sales and service uses in industrial zones up to 50% of the gross building square footage. Remove expired subsection
pertaining to incubator uses.

Article 39 – Off-Street Parking
Authorize the designation of off- street parking spaces for curbside pick -up, restaurant carry -out zones, and similar purposes
Article 57 – Miscellaneous Use
Restrictions
Update of outdoor dining provisions to remove obsolete
language and to permit the conversion of existing
parking spaces to off-street outdoor dining adhering to a set of standards and requiring design review.

Article 66 – Sign Ordinance Modification of definition to specifically include wayfinding signs adjacent to pick-up and carry-out zones

A strikethrough and underlined version of all proposed Zoning Code changes is provided under Attachment 2. Exhibit B to Planning Commission Resolution No. 2023-03 (Attachment 3) provides a “clean” copy of the changes and reflects what they will look like if adopted by City Council.

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Article 39 – Off-Street Parking
One of the changes in business practices that occurred over the course of the pandemic was contactless pick -up – a concept that was widely implemented at many retail and restaurant establishments in the City. Businesses designated or reserved parking spaces where a customer could park and then call the business to receive their order without leaving their vehicle or entering the store. This change in business practice was supported through Ordinance No. 2020-23, which allowed businesses to reserve up to four existing parking spaces for curbside pick-up, restaurant carry-out zones, and/or other drop-off and pick-up related uses and activities.

In review of this, staff finds that many retail and restaurant establishments continue to use carry- out zones in off -street parking areas and that their designation as such has not negatively impacted overall parking availability. Whereas Ordinance No. 2020- 23 limited the number of reserved spaces to four, staff has identified significant variation in how this was implemented by the business community . Most reserved between one and six spaces, although Walmart is an example of a retailer that has a more expansive curbside pickup service, a model that they deployed prior to the pandemic.

Rather than restrict the reservation of parking spaces to a set number, the proposed change would permit a range with a minimum of one parking space and a maximum of five percent of the total number of parking spaces and allowing the reservation of additional spaces through an administrative adjustment process. This change would be responsive to the business community who continue to rely on pick-up zones, and to the community who continue to make use of them.

Ordinance No. 2020-23 also addressed the temporary use of existing parking spaces in the public street immediately adjacent to a business for the same purpose. No change is recommended to make the temporary provisions permanent as the Escondido Municipal Code already contains provisions on loading and unloading through curb markings in Chapter 28, Traffic.

Article 57 – Miscellaneous Use Restrictions
Another prevalent change in business practices over the course of the pandemic was outdoor dining, both in the public right -of-way and on private property. In many cases, parking spaces were temporarily converted to outdoor dining areas, allowing restaurants to provide service when indoor dining was prohibited and additional capacity when it was restricted. This change in business practice was supported through Ordinance No. 2020- 23, which allowed businesses to temporarily convert parking areas to allow for a variety of outdoor uses. It also allowed for the conversion of on-street parking and public sidewalks into parklets in certain circumstances.

In review of the temporary use permits issued under Ordinance No. 2020-23 for these purposes, most have already been removed. There are, however, at least two examples of restaurant establishments that continue to operate outdoor dining in converted parking spaces on private property. Their use of the parking spaces is positive in the sense that it has the potential to repurpose underutilized parking in support of a business and the overall vitality of a shopping center. Ordinance No. 2020-23 did not address the design of these spaces, however. A review of those that continue to operate under a temporary use permit reveals a need to incorporate a set Attachment "2"
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of minimum design requirements and to further require design review if they are to be made permanent.

The Escondido Zoning Code already contains a section of code pertaining to outdoor dining. The proposed changes update this section of code and permit the conversion of at least two parking spaces and up to 25% of the required off-street parking spaces for the establishment of permanent outdoor dining.

As with the existing code, up to 300 square feet of outdoor dining would be exempt from any requirement to meet additional minimum parking requirements for the use. The existing code contains operational requirements that are proposed to remain, although the proposed changes include minimum requirements to separate t he outdoor dining area from parking spaces, drive aisles, and sidewalks through the use of a barrier consisting of railings, fences, or walls, or a combination thereof, and planter boxes. The proposed changes emphasize the use of materials appropriate for a permanent installation and allow for a permanent roof or shelter where the building code requirements are met. It also requires outdoor dining areas to meet current California Building Code and Americans with Disabilities Act requirements for accessibility.

The purpose of the proposed changes is to set a higher standard for any outdoor dining area on private property that proposes to convert a temporary use to a permanent use and any new conversions. It would not allow for portable tents or canopies to remain once Ordinance No. 2020- 23 is no longer in effect.

The proposed changes do not address parklets in the public right -of-way. This is an area that requires additional policy discussion and direction and is outside the scope of these modifications.

Other Elements of Ordinance No. 2020-23
The set of proposed changes to the Zoning Code is limited in comparison to the scope of Ordinance No. 2020-23, largely due to the fact that the statewide restrictions that were in place through executive orders issued by Governor Newsom, including the Stay Home Order and the Blueprint for a Safer Economy, ended on June 15, 2021 , and as such the necessity for many of the City’s temporary business relief measures diminished. This is particularly evident through an analysis of the temporary use permits issued under Ordinance No. 2020-23.

While the business recovery provisions remain in effect as of the date of this staff report, the City only issued six business recovery temporary use permits in 2022, all of which were for on -street outdoor dining on Grand Avenue, including The Grand Tea Room, Mikko Sushi, Burger Bench, H Brothers, O’Sullivans, and Plan 9 Alehouse. Those permits were conditioned to expire at the commencement of Phase II of the Grand Avenue Vision Plan improvements, a project that is current under design.

Escogelato, another downtown business, was issued a business recovery temporary use permit in 2020 for a parklet on Kalmia. In 2021, Escogelato was issued an encroachment permit to allow this to become a more permanent improvement that will not expire upon the termination of Ordinance No. 2020-23
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In contrast to this, prior to the Governor’s actions to lift the statewide restrictions in June 2021, the City issued four business recovery temporary use permits in 2021 and 43 in 2020. Nearly all of the activities permitted under these temporary use permits have ceased.

There is no evidence to support the continuation of the remaining provisions of Ordinance No. 2020-23. Table 2 provides an account of those temporary allowances that will end with the termination of Ordinance No. 2020-23:

TABLE 2 - SUMMARY OF OTHER PROVISIONS OF ORDINANCE NO. 2020-23 Provision Summary
Temporary Sign Limits
The uncodified ordinance allowed for more banners and
other temporary signage. Other than the addition of
wayfinding signs for carry -out zones, no changes are
proposed to the sign code. Staff has initiated a more
comprehensive update to the sign code where additional
changes can be evaluated.

Regulation of Alcohol Sales
The California Department of Alcoholic Beverage Control (ABC) has rescinded most of the regulatory relief it granted over the course of the pandemic. Certain aspects of their regulatory relief were incorporated into new state laws, including those that regulate the s ale of alcohol to go.

Modifications may be needed to the Escondido Municipal
Code to be consistent with the ABC, although Ordinance No. 2020-23 did not modify any specific code section. No
changes are proposed or recommended at this time.

Outdoor Activities on Private Property
The proposed changes include an allowance for the
conversion of existing parking spaces to outdoor dining, providing a path for restaurants to either convert outdoor dining permitted through a business recovery temporary use permit t
o permanent outdoor dining or to propose new
outdoor dining. Ordinance No. 2020- 23 also allowed for other outdoor activities on private property. The existing Zoning Code contains provisions for temporary use permits that allow for special events and other short-term activities on commercially zoned property. No additional changes are proposed or recommended at this time.

Outdoor Activities in Public Areas
Ordinance No. 2020-23 allowed for the use of public parking lots for outdoor activities. Outdoor activities in public parking lots are no longer taking place and no changes are proposed or recommended.

Parklets The proposed changes do not address parklets in the public right-of-way. This is an area that requires additional policy Attachment "2"
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discussion and direction and is outside the scope of these modifications.

Temporary Indoor Expansions
Provisions were established by Ordinance No. 2020- 23 to allow existing businesses to expand into adjacent buildings or suites without the need to provide additional parking. Staff is unaware of any business that used this provision and no changes are proposed or recommended.

Temporary Structures
The uncodified ordinance streamlined processes to erect temporary structures. The existing Zoning Code contains provisions for temporary use permits that allow for temporary structures. N o additional changes are proposed or
recommended at this time.

Agricultural Experiences
Ordinance No. 2020- 23 established regulations to allow agricultural operations to conduct expanded activities which would encourage the public to visit their facilities. Staff is unaware of any business that used this provision and no changes are proposed or recommended.

Home Occupations
This provision allowed existing and new home occupations to have up to two no n-resident employees at the facility at any time, and allows up to eight clients or customers per day to come to the residence to obtain goods or services. Staff does not recommend that this continue as a permanent
change to the Zoning Code.

C. PUBLIC INPUT:

The Business Recovery Code Modifications were noticed in accordance with Article 61, Division 6 of the Escondido Zoning Code. A public notice was published in the Escondido Times Advocate and The Paper at least ten calendar days prior to this public hearing. Due to the nature of the zoning code modifications, staff did not conduct specific project-related outreach. As of the time the staff report was prepared, no public correspondence was received.

D. CONCLUSION AND RECOMMENDATION:

Staff recommends approval of the Business Recovery Ordinance Modifications as they allow parts of the City’s business recovery strategy to become permanent, including those where there is an ongoing and continuous use of the temporary provisions and a need to codify those as part of the Escondido Zoning Code. In the time the temporary provisions have been in effect, there has not been a demonstrated negative impact resulting from the temporary allowances. The proposed changes making those permanent provide standards for their continuation and, in the case of outdoor dining, require a design review process to ensure those requirements are met.

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The Planning Commission has the authority under Section 33-1262 of Article 61 of the Escondido Zoning Code (Administration and Enforcement Ordinance) to review and consider amendments to the Zoning Code, which requires a Planning Commission recommendation to City Council. No other discretionary permits are requested or required.

ATTACHMENTS:

1. Ordinance No. 2020-23

2. Strikethrough and underline of proposed changes

3. Draft Planning Commission Resolution No. 2023-03 including Exhibits A - Findings, and B – Clean copy of proposed changes

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LEGEND:

Bold Text – Headers (no text change unless denoted as below) Bold Strikethrough – Language Removed
Bold Underline – Proposed Language
Business Recovery Code Modifications
ARTICLE 66. SIGN ORDINANCE
Addition of wayfinding signs adjacent to pick-up and carry-out zones Sec. 33-1391. Definitions.

The following definition is to be modified to specifically include wayfinding signs adjacent to pick-up and carry-out zones:
(21) Directional/informational sign means an on -premises sign which contains words such as “entrance,” “in,” “out,” “rest rooms,” “no parking ,” “curbside pickup,” “online orders,” “reserved for ___,” or other similar words, or a sign containing arrows or characters indicating traffic directions used either in conjunction with such words or separately. The sign area shall not be greater than two (2) square feet and the sign not higher than three (3) feet. Signs exceeding this area and/or height may be allowed with approval of a comprehensive sign program, for car -wash, polishing, vacuuming, and detailing uses only. No directional/informational sign shall contain any advertising or trade name information, although minor business identification, not exceeding twenty (20%) percent of the sign area, is allowed for directional purposes. Real estate kiosk and directional signs as defined in section 33 -1396(c) and (d) shall not be included in this category.

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LEGEND:

Bold Text – Headers (no text change unless denoted as below) Bold Strikethrough – Language Removed
Bold Underline – Proposed Language

ARTICLE 39. OFF-STREET PARKING
Designation of off-street parking spaces for curbside pick-up, restaurant carry- out zones, and similar purposes
Sec. 33-764. Adjustments to non-residential parking.
(e) Carry-out zones. For off -street parking facilities containing at least five existing, striped parking spaces, at least one, but no more than five percent of the total number of parking spaces on the same premises may be reserved for curbside pick-up, restaurant carry-out zones, and/or other drop-off and pick-up related uses and activities . Additional spaces may be allowed through an administrative adjustment process.

Attachment "3"
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LEGEND:

Bold Text – Headers (no text change unless denoted as below) Bold Strikethrough – Language Removed
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ARTICLE 57. MISCELLANEOUS USE RESTRICTIONS
Update of outdoor dining provisions to remove obsolete provisions and to permit the conversion of existing parking spaces to off-street outdoor dining Sec. 33-1111. Outdoor dining provisions.
(a) Outdoor dining for legally established restaurants and eating establishments may shall be exempt from providing additional parking on a case -by-case basis in the general commercial (C -G), neighborhood commercial (C -N), and professional commercial (C-P), and tourist commercial (C-T) zones, and downtown specific planning area #9 for an area up to three hundred ( 300) square feet, provided the establishment use conforms with all required parking standards for its indoor dining area, subject to the following conditions and administrative review:
(1) The establishment requesting outdoor dining shall conform to all sections of the Municipal Code. Outdoor dining areas not in compliance with the required provisions of this article operating prior to October 5, 1994, may continue provided: (A) continuous existence; and (B) use of the outdoor dining area can be demonstrated to the satisfaction of the director department and no violations of state, federal or health and safety regulations exist.
(2) All outdoor dining furniture, including tables, chairs, umbrellas and planters, shall be movable. Umbrellas must be secured with a minimum base of not less than sixty (60) pounds. Outdoor heaters, amplified music or speakers shall be reviewed at the time of application.
(3) No signing signage shall be allowed in the outdoor dining area, except for the name of the establishment on an awning or umbrella valance. (4) The outdoor dining area may only serve food and beverages prepared or stocked for sale by the adjoining indoor eating establishment, provided that the service of beer or wine, or both alcoholic beverages, solely for on -premises consumption by customers within the area of the outdoor dining area has been licensed by the state authorities to sell beer or wine, or both such beverages, for consumption within the outdoor dining area of the sidewalk café.
(5) The area in which the outdoor dining area is authorized is identified in a manner approved by the planning division, which will clearly separate and delineate it from the area which will remain open to pedestrian traffic located shall be delineated from parking spaces, drive aisles, and sidewalks by a barrier consisting of railings, fences, or walls, or a combination of railings, fences, and walls, and planter boxes that are 42 inches in height or less. Acceptable materials include decorative wrought iron, tubular steel, wood, masonry , or other durable material that is Attachment "3"
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LEGEND:

Bold Text – Headers (no text change unless denoted as below) Bold Strikethrough – Language Removed
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suitable for outdoor use on a permanent basis. A clear, transparent material may be used on top of the barrier, not to exceed a total height of five feet. Awnings or umbrellas may be used in conjunction with an outdoor dining area, which may also be covered with a permanent roof or shelter provided all California Building Code requirements are met. Barriers adjacent to parking stalls or drive aisles shall include reflective materials and shall be designed in a manner so as to provide protection to the outdoor dining area.
(6) The outdoor preparation of food and busing facilities are prohibited at outdoor dining areas. The presetting of tables with utensils, glasses, napkins, condiments and the like is prohibited. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all time by the permittee. Restrooms for the outdoor dining area shall be provided in the adjoining indoor eating establishment and the outdoor dining seating shall be counted in determining the restroom requirements of the indoor restaurant.
(7) The permittee shall remove all trash and litter as they accumulate. The permittee shall be responsible for maintaining the outdoor dining area, including the floor surface, furniture and adjacent areas in a clean and safe condition. (8) Hours of operation shall be identical to those of the indoor eating establishment. (9) No required landscaping shall be eliminated unless replaced on-site. (10) Outdoor dining shall meet current California Building Code and Americans with Disabilities Act requirements for accessibility.
(b) Outdoor dining for restaurants and eating establishments exceeding three hundred (300) square feet shall be subject to the conditions stated in subsection (a) of this section, as well as the following conditions:
(1) The establishment conforms with all required parking standards. Additionally, no required vehicle parking spaces shall be eliminated in order to accommodate the outdoor dining area unless replaced on-site.
(2) Additional parking shall be provided for the area exceeding three hundred (300) square feet at a ratio of that required for indoor dining areas. Additional parking shall be provided either on -site or along the street frontin g the establishment, or through a joint use or other arrangement deemed appropriate by the city. (3) Landscaping/buffering shall be incorporated into the outdoor dining area subject to planning division approval which may consist of container plants, permanent landscape Attachment "3"
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LEGEND:

Bold Text – Headers (no text change unless denoted as below) Bold Strikethrough – Language Removed
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areas, garden walls, temporary fencing or other satisfactory measures to delineate the area devoted for outdoor dining.
(c) Conversion of required off-street parking. The conversion of at least two and up to 25% of required off-street parking spaces for the establishment of permanent outdoor dining may be permitted as an administrative adjustment to nonresidential parking subject to the provisions of section 33-764 of this chapter. (d) Design review in accordance with Article 64 of this chapter shall be required for all outdoor dining areas.

Attachment "3"
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LEGEND:

Bold Text – Headers (no text change unless denoted as below) Bold Strikethrough – Language Removed
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ARTICLE 26. Industrial zones
Modification of floor area restriction for accessory retail use in industrial areas Sec. 33-565. Permitted accessory uses and structures.
(a) Accessory uses and structures are permitted in the industrial zones, provided they are incidental to and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

Table 33-565

PERMITTED ACCESSORY USES AND STRUCTURES
Use Title I-O M-1 M-2 I-P
ATM kiosk
ATM kiosk (drive-in,* drive-through*) (section 33-341)
Fleet storage* (subject to Article 57) P P P P
Tow truck operation incidental to repair* (subject to Article 57) P/C P/C Bus stop shelters** P P P P
Cafeteria, operated in conjunction with a permitted use for the convenience of persons employed upon the premises

P P P P
Caretakers’ or watchperson’s dwelling P P P P
Commercial sales and service uses clearly incidental and secondary to a principal permitted use as provided for in section 33-565(b)

P P P P
Incubator uses as provided for in section 33-565(c) C# C# Cottage food operations and home occupations as provided for in Article 44 P P P P Employee recreational facilities and play areas P P P P Other accessory uses and buildings customarily appurtenant to a permitted use P P P P Reverse vending machines* (Article 33) P P P P
Satellite dish antennas* P P P P
Storage buildings incidental to a permitted use P P P P Storage of materials used for the construction of a building, including the contractor’s temporary office, provided that such use is on the building site or immediately adjacent thereto and provided further, that such use shall be permitted only during the construction period and the 30 days thereafter

P P P P
Notes:
* Subject to special regulations—see section 33-700. ** Subject to special regulations—see section 33-1118. (b) Sales and service uses incidental and accessory to a principally permitted use may be permitted by the director of community development provided that the following standards are met:

Attachment "3"
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Bold Text – Headers (no text change unless denoted as below) Bold Strikethrough – Language Removed
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(1) The operations are contained within the main structure which houses the primary use.
(2) The use occupies no more than fifteen (15)50% percent of the gross building square footage.
(3) No retail sales or display of merchandise occur(s) outside the structure(s), or outside designated outdoor storage area.
(4) All products offered for sale on the site are manufactured, warehoused, or assembled on the premises.
(c) Sales and service uses not accessory to a principally permitted use may be conditionally permitted in the M-1 and M-2 zones, as an incubator use or activity. (1) Incubator uses and/or activities shall be subject to all applicable city, state, and federal code requirements, as well as the following operational limitations:
(A) The use shall be permitted in the existing space of an existing industrial building or suite.
(B) No more than one incubator, as described by this section, shall be permitted within any industrial building complex, regardless of size. (C) An incubator shall only be allowed as a sub-lessee of a bona-fide industrial user.
(D) The use shall occupy no more than one thousand (1,000) square feet or ten (10) percent of the total floor area of the primary industrial space from whom they sublease, whichever is less.
(E) Parking for incubator uses shall be determined based on the parking requirement for the proposed use, in accordance with the provisions of Article 39 of the Zoning Code, governing off-street parking requirements. (F) Hours of operations shall be limited to those of the primary industrial use on site and not adversely impact industrial use activity or operations. (G) Exterior signage for the use shall be limited to window signage. (H) Customers of the incubator space shall be seen by appointment only.

Attachment "3"
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(I) Incubator uses must have restrooms available for employees and customers/clients.
(2) The use shall be conditionally permitted for no more than four (4) years, at which time it must vacate the space. Sub-lessee shall not assign any lease agreement, or sub-let or grant any use to the premises or any part thereof without the prior written consent of the city. Upon the termination date, the sub-lessee shall be required to vacate the premises.
(3) This subsection shall remain in effect only until January 1, 2023, and as of that date is repealed. Any use, as described by the section, in operation after this date shall be permitted as a non-conforming use, subject to Article 61 of the Zoning Code, and shall be allowed to lawfully continue its operations until the fourth anniversary of the approval of its conditional use permit.

Attachment "3"
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ORDINANCE NO. 2023-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O F

ESCONDIDO, CALIFORNIA, APPROVING THE BUSINESS

RECOVERY ORDINANCE MODIFICATIONS THAT AMEND

VARIOUS ARTICLES OF THE ESCONDIDO ZONING CODE

CASE NO.: PL23-0005
The City Council of the City of Escondido, California DOES HEREBY ORDAIN as follows:

SECTION 1. The City Council makes the following findings:
a) WHEREAS, on March 4, 2020, California Governor Gavin Newsom proclaimed a State of Emergency to exist in the State of California as a result of the threat of COVID-19; and b) WHEREAS, on March 16, 2020, the city manager for the City of Escondido (“City”), acting in his capacity of Director of Emergency Services of the City (“Director”), proclaimed, through Proclamation No. 2020-01, the existence of a local emergency related to COVID-19 within the City; and c) WHEREAS, on March 18, 2020, the Escondido City Council adopted Proclamation No. 2020-01, ratifying the declaration of the Director and declaring the existence of a n on -going local emergency pursuant to COVID-19; and
d) WHEREAS, the City of Escondido City Council adopted an emergency business recovery strategy through Ordinance No. 2020-23 under a declaration of local emergency; and e) WHEREAS, the business recovery strate gy was responsive to business and community needs and temporarily granted relief from certain provisions of the Escondido Municipal Code and Escondido Zoning Code in order to allow compliance with specific public health requirements associated with the pan demic and supported the City’s issuance of temporary use permits for business recovery activities; and
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f) WHEREAS, Ordinance No. 2020 -23 went into effect on October 21, 2020 and remains effective until 30 days after the expiration or termination of the proclamation of local emergency, or until it is modified or revoked by the City Council, whichever is sooner; and g) WHEREAS, the Governor of the State of California has announced that the COVID-19 State of Emergency will end on February 28, 2023; and
h) WHEREAS, it is anticipated that the proclamation of local emergency pursuant to COVID- 19 will be rescinded soon thereafter; and
i) WHEREAS, City staff have conducted a review of the business recovery strategy and provisions of Ordinance No. 2020 -23 together with the temp orary use permits issued in its support to identify those temporary measures that should be made permanent through amendments to the Escondido Zoning Code; and
j) WHEREAS, Planning Division staff identified the need to amend Articles 26 (Industrial Zones), 39 (Off-Street Parking), 57 (Miscellaneous Use Restrictions), and 66 (Sign Ordinance) of the Escondido Zoning Code; and
k) WHEREAS, the Planning Commission of the City of Escondido, on January 24, 2023, held a public hearing to consider the Zoning Code Amendments and recommended approval (3-1) of certain of City Staff now recommends the items as provided in Exhibit “B”; and SECTION 2. T he City Council of the City of Escondido did hold a duly noticed public hearing on February 15, 2023, as prescribed by law. At said hearing, this City Council received and considered the reports and recommendations of the Planning Commission and City staff, and gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter. Evidence was submitted to and considered by the City Council, including, without limitation:
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a) Written information including plans, studies, written and graphical information, and other material, submitted as part of the Project;
b) Oral testimony from City staff, interested parties, and the public; c) The City Council staff report, dated February 15, 2023, with its attachments as well as City staff’s recommendation on the Project, which is incorporated herein as though fully set forth herein;
d) The Planning Commission’s recommendation on the request; and e) Additional information submitted during the public hearing.

SECTION 3. Upon consideration of the Findings of Fact/Factors to be considered, attached hereto as Exhibit “ A” and incorporated herein by reference as though fully set forth herein, the City Council desires at this time and deems it to be in the best public interest to approve said amendments, attached as Exhibit “B” and hereto and incorporated herein by this reference as though fully set forth herein.

SECTION 4. ENVIRONMENTAL REVIEW. That the proposed Zoning Code Amendments are statutorily or categorically exempt from further review pursuant to the CEQA and the State CEQA Guidelines by the following:
a) A number of the amendments are not considered to be a Project under CEQA, as defined in section 15378(b)(5), specifically amendments that relate to error correction, formatting changes, and general reference cleans up, and for those amendments no further environmental review is required; and
b) The amendments that relate to a zone's permitted use table (Article 26) are categorically exempt pursuant to CEQA Guidelines section 15301 (Existing Facilities) as such uses are already permitted in less intensive zones; and
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c) The amendments that re late to a signage (Article 66) and the conversion of existing, required off -street parking to outdoor dining (Article 57) are categorically exempt pursuant to CEQA Guidelines section 15301 (Existing Facilities) as such uses would result in negligible or no expansion of the existing uses.

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

SECTION 6. As of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 7. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.

SECTION 8. The Ordinance shall become effective 30 days from the date of the passage. 229
Item10.

Ordinance No. 2023-07
Exhibit “A”

FACTORS TO BE CONSIDERED / FINDINGS OF FACT

PL23-0005

Zoning Code Amendment Determinations:

1. That the public health, safety and welfare will not be adversely affected by the proposed change in that:
a. the proposed batch of Zoning Code amendments codify certain measures and provisions enacted on a temporary basis as part of an emergency business recovery strategy adopted through Ordinance No. 2020 -23 under a Proclamation of Local Emergency that have been deployed in the community. Codifying these measures and provisions creates options for these interim regulations to become permanent, thereby eliminating uncertainty for business owners who have relied upon the business recovery strategy to modify their business practices and the public who have benefited from the changes. The proposed Zoning Code amendments are consistent with the objectives, policies, general land uses, and programs within the General Plan as they further Goal 2, Policy 2.1 of the Land Use and Community Form chapter that supports updates and revisions to the Zoning Code and Goal 8, Policies 8.3, 8.5, and 8.6 of the Economic Prosperity chapter, goals that support the reuse of underutilized land and measures that strengthen commercial and employment centers. Among other things, the amendments create opportunities to repurpose existing parking spaces and create additional flexibility within existing industrial buildings for accessory uses while providing options for current interim regulations to become permanent, thereb y eliminating uncertainty for business owners who have relied upon the business recovery strategy to modify their business practices and the public who have benefited from the changes.

2. That the property involved is suitable for the uses permitted by the proposed Zoning Code amendments in that:
a. there is not a project -specific site proposed for the Project. The proposed Zoning Code amendments would go into effect Citywide and would affect all properties subject to the Escondido Municipal Code and their respective land use designation and zoning district, as is appropriate for the Zoning Code amendments.

3. That the uses permitted by the proposed Zoning Code amendments would not be detrimental to surrounding properties in that:
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Ordinance No. 2023-07
Exhibit “A”

a. the amendments which affect uses, such as those in Articles 26 (Industrial Zones) and 57 (Miscellaneous Use Restrictions ) have been reviewed under prior ordinances adopted by the City of Escondido and reviewed for their consistency with existing uses . Additionally, because t he amendments have already been in effect for over two years, there is a demonstrated record that the uses addressed have not been detrimental to surrounding properties.

4. That the proposed Zoning Code amendments are consistent with the adopted general plan in that:
a. the Land Use and Community Form chapter states , “Escondido’s growth and development patterns are to be managed in a way that does not overwhelm or reduce the quality of community services, safety and protection provided by the city.” The proposed Zoning Code amendments are consistent with this statement and will not adversely impact the public health, safety and welfare because those related to Articles 26 (Industrial Zones), 39 (Off-Street Parking), 57 (Miscellaneous Use Restrictions), and 66 (Sign Ordinance). are nominal in nature; and b. the proposed Zoning Code amendments codify measures and provisions enacted on a temporary basis as part of an emergency business recovery strategy adopted through Ordinance No. 2020 -23 under a Proclamation of Local Emergency. The proposed Zoning Code amendments are consistent with the objectives, policies, general land uses, and programs within the General Plan as they further Goal 2, Policy 2.1 of the Land Use and Community Form chapter that supports updates and revisions to the Zoning Code and Goal 8, Policies 8.3, 8.5, and 8.6 of the Economic Prosperity chapter , goals that support the reuse of underutilized land and measures that strengthen commercial and employment centers. Among other things, the amendments create opportunities to repurpose existing parking spaces and create additional flexibility within existing industrial buildings for accessory uses while providing options for current interim regulations to become permanent, thereby eliminating uncertainty for business owners who have relied upon the business recovery strategy to modify their business practices and the public who have benefited from the changes.

5. That the relationship of the proposed Zoning Code amendments is applicable to specific plans in that:
a. the proposed Project would not conflict with any specific plan as the proposed Zoning Code amendments are consistent with the objectives, policies, general land uses, and programs within the General Plan as they further Goal 2, Policy 2.1 of the Land Use and Community Form chapter that supports updates and revisions to the Zoning Code and Goal 8, Policies 8.3, 8.5, and 8.6 of the Economic Prosperity 231
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Ordinance No. 2023-07
Exhibit “A”

chapter, goals that support the reuse of underutilized land and measures that strengthen commercial and emp loyment centers. Among other things, the amendments create opportunities to repurpose existing parking spaces and create additional flexibility within existing industrial buildings for accessory uses while providing options for current interim regulations to become permanent, thereby eliminating uncertainty for business owners who have relied upon the business recovery strategy to modify their business practices and the public who have benefited from the changes.
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Ordinance No. 2023-07
Exhibit “B”

ARTICLE 66. SIGN ORDINANCE
Addition of wayfinding signs adjacent to pick-up and carry-out zones Sec. 33-1391. Definitions.

The following definition is to be modified to specifically include wayfinding signs adjacent to pick-up and carry-out zones:
(21) Directional/informational sign means an on -premises sign which contains words such as “entrance,” “in,” “out,” “rest rooms,” “no parking”, “curbside pickup”, “online orders”, “reserved for ___,” or other similar words, or a sign containing arrows or c haracters indicating traffic directions used either in conjunction with such words or separately. The sign area shall not be greater than two square feet and the sign not higher than three feet. Signs exceeding this area and/or height may be allowed with a pproval of a comprehensive sign program, for car -wash, polishing, vacuuming, and detailing uses only. No directional/informational sign shall contain any advertising or trade name information, although minor business identification, not exceeding 20% of the sign area, is allowed for directional purposes. Real estate kiosk and directional signs as defined in section 33-1396(c) and (d) shall not be included in this category. 233
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Ordinance No. 2023-07
Exhibit “B”

ARTICLE 39. OFF-STREET PARKING
Designation of off-street parking spaces for curbside pick-up, restaurant carry-out zones, and similar purposes
Sec. 33-764. Adjustments to non-residential parking.
(e) Carry-out zones. For off -street parking facilities containing at least five existing, striped parking spaces, at least one, but no more than five percent of the total number of parking spaces on the same premises may be reserved for curbside pick-up, restaurant carry-out zones, and/or other drop-off and pick-up related uses and activities. Additional spaces may be allowed through an administrative adjustment process.

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Ordinance No. 2023-07
Exhibit “B”

ARTICLE 57. MISCELLANEOUS USE RESTRICTIONS
Update of outdoor dining provisions to remove obsolete provisions and to permit the conversion of existing parking spaces to off-street outdoor dining Sec. 33-1111. Outdoor dining provisions.
(a) Outdoor dining for legally established restaurants and eating establishments shall be exempt from providing additional parking for an area up to 300 square feet, provided the use conforms with all required parking standards for its indoor dining area, subject to the following conditions and administrative review:
(1) The establishment requesting outdoor dining shall conform to all sections of the Municipal Code. Outdoor di ning areas not in compliance with the required provisions of this article operating prior to October 5, 1994, may continue provided: (A) continuous existence; and (B) use of the outdoor dining area can be demonstrated to the satisfaction of the director department and no violations of state, federal or health and safety regulations exist. (2) All outdoor dining furniture, including tables, chairs, umbrellas and planters, shall be movable. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, amplified music or speakers shall be reviewed at the time of application. (3) No sign age shall be allowed in the outdoor dining area, except for the name of the establishment on an awning or umbrella valance.
(4) The outdoor dining area may only serve food and beverages prepared or stocked for sale by the adjoining indoor eating establishment, provided that the service of alcoholic beverages solely for on-premises consumption by customers within the area of the outdoor dining area has been licensed by the state authorities to sell such beverages for consumption within the outdoor dining area.
(5) The area in which the outdoor dining area is located shall be delineated from parking spaces, drive a isles, and sidewalks by a barrier consisting of railings, fences, or walls, or a combination of railings, fences, and walls, and planter boxes that are 42 inches in height or less.

Acceptable materials include decorative wrought iron, tubular steel, wood, masonry, or other durable material that is suitable for outdoor use on a permanent basis. A clear, transparent material may be used on top of the barrier, not to exceed a total height of five feet. Awnings or umbrellas may be used in conjunction with an ou tdoor dining area, which may also be covered with a permanent roof or shelter provided all California Building Code requirements are met.

Barriers adjacent to parking stalls or drive aisles shall include reflective materials and shall be designed in a manner so as to provide protection to the outdoor dining area. (6) The outdoor preparation of food and busing facilities are prohibited at outdoor dining areas. The presetting of tables with utensils, glasses, napkins, condiments and the like is 235
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Ordinance No. 2023-07
Exhibit “B”

prohibited. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all time by the permittee. Restrooms for the outdoor dining area shall be provided in the adjoining indoor eating establishment and the outd oor dining seating shall be counted in determining the restroom requirements of the indoor restaurant. (7) The permittee shall remove all trash and litter as they accumulate. The permittee shall be responsible for maintaining the outdoor dining area, including the floor surface, furniture and adjacent areas in a clean and safe condition.
(8) Hours of operation shall be identical to those of the indoor eating establishment. (9) No required landscaping shall be eliminated unless replaced on-site. (10) Outdoor dining shall meet current California Building Code and Americans with Disabilities Act requirements for accessibility.
(b) Outdoor dining for restaurants and eating establishments exceeding 300 square feet shall be subject to the conditions stated in subsection (a) of this section, as well as the following conditions:
(1) The establishment conforms with all required parking standards. Additionally, no required vehicle parking spaces shall be eliminated in ord er to accommodate the outdoor dining area unless replaced on-site.
(2) Additional parking shall be provided for the area exceeding 300 square feet at a ratio of that required for indoor dining areas. Additional parking shall be provided either on-site or along the street fronting the establishment, or through a joint use or other arrangement deemed appropriate by the city.
(3) Landscaping/buffering shall be incorporated into the outdoor dining area subject to planning division approval which may consist of container plants, permanent landscape areas, garden walls, temporary fencing or other satisfactory measures to delineate the area devoted for outdoor dining.
(c) Conversion of required off-street parking. The conversion of at least two and up to 25% of required off-street parking spaces for the establishment of permanent outdoor dining may be permitted as an administrative adjustment to nonresidential parking subject to the provisions of section 33-764 of this chapter
(d) Design review in accordance with Article 64 of this chapter shall be required for all outdoor dining areas.
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Ordinance No. 2023-07
Exhibit “B”

ARTICLE 26. Industrial zones
Modification of floor area restriction for accessory retail use in industrial areas Sec. 33-565. Permitted accessory uses and structures.
(a) Accessory uses and structures are permitted in the industrial zones, provided they are incidental to and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

Table 33-565

PERMITTED ACCESSORY USES AND STRUCTURES
Use Title I-O M-1 M-2 I-P
ATM kiosk
ATM kiosk (drive-in,* drive-through*) (section 33-341)
Fleet storage* (subject to Article 57) P P P P
Tow truck operation incidental to repair* (subject to Article 57) P/C P/C Bus stop shelters** P P P P
Cafeteria, operated in conjunction with a permitted use for the convenience of persons employed upon the premises

P P P P
Caretakers’ or watchperson’s dwelling P P P P
Commercial sales and service uses clearly incidental and secondary to a principal permitted use as provided for in section 33-565(b)

P P P P
Cottage food operations and home occupations as provided for in Article 44 P P P P Employee recreational facilities and play areas P P P P Other accessory uses and buildings customarily appurtenant to a permitted use P P P P Reverse vending machines* (Article 33) P P P P
Satellite dish antennas* P P P P
Storage buildings incidental to a permitted use P P P P Storage of materials used for the construction of a building, including the contractor’s temporary office, provided that such use is on the building site or immediately adjacent thereto and provided further, that such use shall be permitted only during the construction period and the 30 days thereafter

P P P P
Notes:
* Subject to special regulations—see section 33-700. ** Subject to special regulations—see section 33-1118. (b) Sales and service uses incidental and accessory to a principally permitted use may be permitted by the director of community development provided that the following standards are met:
(1) The operations are contained within the main structure which houses the primary use. 237
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Ordinance No. 2023-07
Exhibit “B”

(2) The use occupies no more than 50% of the gross building square footage. (3) No retail sales or display of merchandise occur(s) outside the structure(s), or outside designated outdoor storage area.
(4) All products offered for sale on the site are manufactured, warehoused, or assembled on the premises.
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STAFF REPORT

February 15, 2023
File Number 0800-10

SUBJECT

NORTHEAST GATEWAY PROJECT - SPECIFIC PLAN AMENDMENT, DEVELOPMENT AGREEMENT, TENTATIVE SUBDIVISION MAP AND GRADING EXEMPTION FOR THE DEVELOPMENT OF 64 SINGLE - FAMILY RESIDENTIAL LOTS - PL22-0145, PL22-0146, PL22-0147 AND PL23-0032

DEPARTMENT
Development Services Department, Planning Division

STAFF RECOMMENDATION
Request the City Council conduct a public hearing on the development proposal and take action on the recommendations of City staff and the Planning Commission, which recommends that the City Council:
1) Adopt Resolution No. 2023 -20 adopting an Addendum to the Northeast Gateway Final Environmental Impact Report (FEIR), Mitigation Monitoring and Reporting Program and making certain Findings of Fact in conformance with the California Environmenta l Quality Act (CEQA), and approving a Tentative Subdivision Map and Grading Exemption; and 2) Introduce Ordinance No. 2023-05 for a Specific Plan Amendment and Development Agreement

Staff Recommendation: Approval ( Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Jay Paul, Senior Planner

PLANNING COMMISSION RECOMMENDATION
The Planning Commission considered the Project at its January 24, 2023 , hearing. The Planning Commission discussion primarily focused on the realignment of internal Street “E,” the transfer of density from public lands, and request for modified architectural design standards. The Planning Commission staff report is provided as Attachment 1 to this report. Five members of the public (including the Project applicant’s representatives) spoke at the hearing. Two people spoke in support of the proposed Project while one adjacent property owner questioned the proposed alignment of Street “E” and routing through the Church property. After deliberation, the Planning Commission voted 4-0 (Commissioners Doan, Speer and Weiler absent) to recommend that the City Council approve the Project as conditioned.

PROJECT DESCRIPTION
The Project consists of an amendment to the Northeast Gateway Specific Plan, Development Agreement, Tentative Subdivision Map, and Grading Exemption for the development of a 64 -lot single -family residential subdivision (“Project). Lot sizes range from 7,000 square feet up to 14,871 square feet (net lot 239
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area). The design incorporates 12 open space lots (Lots A – L) totaling 14.66 acres, including a 10.95-acre habitat conservation lot. The project includes a request to modify the alignment of the main internal street (Street “E”) and to revise the setbacks along this street to be consistent with standard R -1 single- family residential setbacks, along with modification to certain architectural design criteria for the future homes. A Development Agreement involves financial compensation to the City in exchange for a density transfer of 20 units from public lands within the Specific Plan Area, as permitted by the Northeast Gateway Specific Plan. A Grading Exemption is requested for cut slopes up to 63 feet in height located towards the northeastern portion of the project. All existing structures on the site would be demolished. A complete project description can be found in the Planning Commission staff report.

FISCAL ANALYSIS
Density Transfer
The Northeast Gateway Speci fic Plan allots a total maximum yield of 517 dwelling units to properties within its boundary. The total was derived from an analysis of potential units that could be accommodated in the specific plan area based on topography and the General Plan land use designations at the time the Specific Plan was adopted, and includes properties owned by the City which will not be developed with residential uses, including Ryan Park and portions of Daley Ranch. In total, City properties could yield up to 167 dwelling units. In order to accommodate the ful l quota of development within the specific plan area, the Specific Plan includes a provision allowing a developer to increase the number of units on their project site through a transfer of units from the City’s unused yield, at the discretion of the City Council.

Prior to filing of the formal application, the Applicant worked with the City’s real property manager and City Planner to have a third-party appraisal prepared in order to determine the value of the 20 units worth of excess density that would be transferred into the Project site. The appraisal identified the value of the raw land if the project site were developed with 44 units, compared with the value if it were developed with 64 units. The difference amounted to $1,548,000, or $77,400 per unit, w hich would be paid to the City by the developer at the time of final map recordation.

Other Fiscal Impacts
As part of the overall decision-making process to move forward with a proposed development project, it is important to evaluate the contributions and demands that development will place upon a public agency’s general fund and the city or county’s ability to provide ongoing public services. To avoid the need for a city or county to subsidize new development, cities and counties can establish or require special funding mechanisms to ensure that new development pays for itself.

At the time of this writing, an applicant is required to fully offset potential impacts to the General Fund created by their project pursuant to Section 6 -457 of Article 18B of the Escondido Municipal Code and prior Council direction to apply this requirement to projects entitled after May 13, 2020 and the Project has been conditioned accordingly. This can be accomplished through either formation of a CFD, annexation into the Citywide Services Community Facilities District (CFD) No. 2020-01, or establishment 240
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of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Should an applicant desire to utilize the streamlined process available through annexation into CFD No. 2020-01, they would be required to sign a Letter of Intent (“LOI”) to do so, which serves as their authorization to annex.

CFD No. 2020-1, Citywide Services, was formed by the City Council on May 13, 2020. The special tax that will be assessed on properties as a result of the development of new residential units is based upon the Fiscal Impact Analysis (FIA) that was prepared to support the creation of CFD No. 2020-01. The benefit of entering CFD No. 2020 -01 is that the annexation process is significantly streamlined, which saves staff time and costs to developers.

Based on direction received from City Council in November 2022, staff is in the process of performing a fiscal impact analysis for the Citywide Services CFD. The applicant is aware of this and as such has chosen to not submit an LOI for annexation into the CFD at this time so as to be able to make a decision based on any changes that may be made to the Citywide Services CFD. The condition of approval grants the applicant the discretion to make the choice to either annex into the Citywide Services CFD or to propose some alternative funding mechanism. Should the developer opt to pursue a funding mechanism other than CFD No. 2020-01, such mechanism, including the assessment rate, would be subject to approval by City Council.

For informational purposes, the Project would fall into Category 1 (less than 5.5 du/ac). The curren t rate for Category 1 is $575.19 per unit through the end of this fiscal year (June 30, 2023), subject to annual adjustments which currently are based on the Consumer Price Index or 2%, whichever is greater. The total annual cost for the 64-unit Project would be approximately $36,812.16.

LOCATION
The 36.42-acre Project site includes 7 parcels within Planning Area 2 (“PA 2”) of the 418-acre Northeast Gateway Specific Plan. The Project is generally located east of E. Valley Parkway, south of Lake Wohlford Road, north of Beven Drive, addressed as 3425, 3429, 3445, 3485, and 3507 E. Valley Parkway, and 13950 and 13961 Valle Lindo Road (Assessor Parcel Numbers 240-011-01-00, 240-011-12-00, 240-011-13-00, 240-020-23-00, 240-020-32-00, 240-020-33-00, and portions of 240-020-21-00 and 240-020-27-00). The location is depicted in Attachment “1” to the Planning Commission staff report.

PREVIOUS ACTION
The Northeast Gateway Specific Plan and associated Final Environmental Impact Report (“FEIR”) were adopted by the Escondido City Council in 2004. Several residential projects have since been approved and development within the SPA that includes the 340-lot Eureka Ranch project (TR 839) and 30 -lot Eureka Springs project (TR 914), City Ryan Park, and Valley High School. The 78-unit/99 bed Apollo Assisted Living Facility is currently under construction. PA 2 also includes the Community Lutheran Church that was approved in 1991 prior to the adoption of the Northeast Gateway Specific Plan. Two smaller residential 241
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subdivisions were approved in Planning Area 2 (Tract 933 and Tract 956) that were never developed and the entitlements subsequently expired.

The City Council met in closed session on June 8, 2022 for the purpose of conferring with its negotiator the price and term s of the City’s unused density allocation and provided direction and authorization to staff to process the Project with the proposed density transfer. The Development Agreement contains the final terms and conditions of the density transfer.

ANALYSIS

1. General Plan / Zoning
The City’s General Plan land-use designation for the project site is Specific Planning Area (SPA 5), which is implemented through the Northeast Gateway Specific Plan. The Northeast Gateway Specific Plan encompasses 418 acres and cont ains 5 separate planning areas, consisting of both private and public ownerships. The Project site is in PA 2. The Specific Plan was approved in 2004 in conjunction with the Eureka Ranch development and ensures that future develop within the Specific Pla n is consistent. The total projected yield throughout the Specific Plan is 517 dwelling units, with up to 167 of the total units derived, and available for transferred, from publicly owned land to privately owned land within the Specific Plan, subject to City Council approval and Development Agreement. The subject 36.42 -acre project site is allocated a total of 44 units based on the Specific Plan slope analysis/yield calculations. The project includes 64 single-family residential lots, inclusive of a requested transfer of 20 City units. To date, the City has transferred 87 units for the Eureka Ranch development and 15 units for the Eureka Springs development (original Hallmark Communities Project), for a total of 102 units transferred. With the proposed transfer of 20 units to the Project, a total of 45 units would remain for potential transfer to other future developments within the SPA. Therefore, the proposed Project is consistent with the General Plan and Northeast Gateway Specific Plan.

2. Tentative Subdivision Map Design and Grading Exemption The Project includes a range of lot size s from 7,000 SF to 14,871 SF (net lot area) to conform to the minimum lot size required in the PA 2 area. Primary access to the proposed lots would be from the installation of internal Street “E” (Public Drive “A” shown on the Tentative Map), intersecting Beven Road Drive on the south and Lake Wohlford Road on the north. The project site also fronts onto East Valley Parkway, but access would not be provided from this Major Circulation Element Road. The overall goal for development within Planning Area 2 is to eliminate all curb cuts/access to East Valley Parkway. With the development of this project, all existing driveways accessing E. Valley Parkway would be e liminated except for one existing single-family residence that is not part of this project. The Project does include an access easement to provide this lot with access to internal Street “E” in order for this remaining driveway to be closed at such time t he property owner choses to do so. The final design of Street “E” is intended to respect other parcels/owner’s access to Street “E” and to avoid future conflicts in order that they may develop their properties.
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Twelve open space lots would be located throughout the Project for a total of 14.66 acres of open space.

Open Space Lot “J” is located within the steeper eastern portion of the site and would be placed within an open space/conservation easement to preserve existing native vegetation and any cultura l resources that might be present in this area. The existing masonry block wall along the Project’s East Valley Parkway frontage would be removed and replaced with a new decorative masonry block noise attenuation wall, landscape berm with a larger landsca pe parkway setback and meandering sidewalk in accordance with the Specific Plan design guidelines. In addition, the main entry corner at East Valley Parkway and Beven Drive will include an upgraded landscape entry design feature, signage and fencing to be compatible with other developments in the Specific Plan. The internal Street “E” would be developed with the landscape parkway located adjacent to the curb (vs. sidewalk adjacent to the curb) and landscaped with street trees and ground cover, which would be maintained by the Project homeowner’s association.

A combination of cut and fill with proposed grading exemptions located within the northeastern area of the project site. Cut slopes up to 63 feet in height are proposed along the eastern side of Lots 41, 42 and

43. A Grading Exemption is required for any cut slopes greater than 20 feet in height. These slopes would be located towards the rear of the lots and landscaped in accordance to the City’s Landscape Ordinance and the SPA landscape requirement t o provide an appropriate transition from the more ornamental landscape area within the project to the native habitat on the steeper slopes to the east, as well as to provide the necessary fire protection buffers. The cut slopes would not result in any adv erse visual impacts or block adjacent views.

3. Development Agreement
The General Plan and the Northeast Gateway Specific Plan allow the transfer of residential density (above the base density/yield allowed for the subject parcels) from publicly-owned land within the Specific Plan Area to privately owned property, subject to City Council approval through a Development Agreement.

The proposed Development Agreement calls for financial compensation in the amount of $77,400 per unit ($1,548,000 total) to the City in exchange for the density transfer of 20 residential units to the site. The Development Agreement also includes a provision to freeze development impact fees at current levels for a term of 5 years.

4. Specific Plan Amendment:
a. Street “E” Alignment
The applicant is requesting a formal modification to the alignment of Street “E” as shown in the Specific Plan (as detailed in Exhibit “B” to draft City Council Ordinance No. 2023-05) to correspond to the consolidation of the 7 parcels and to facilitate the current project design and previous alignment of future Street “E” off-site to the north through the Community Lutheran Church property.

The northern section of Street “E” and connection to Lake Wohlford Road on the north was set with the approval and development of the Community Lutheran Church in 199 1, before the Northeast Gateway Specific Plan was adopted. The current alignment of Street “E” designated through the 243
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Specific Plan towards the north of the Project site includes a slight jog to the northeast to accommodate potential development of two parcels (not part of this project). However, this alignment is not feasible due to constraints created through the development of the Community Lutheran Church.

When the Community Lutheran Church was developed, the project constructed a driveway from Lake Wohlford Road that provides primary access to the church, but also reserved an Irrevocable Offer of Dedication (IOD) along this driveway for future buildout of the roadway to provide northern access to the Northeast Gateway Planning Area 2. This driveway/roadway easement also was selected in order to line up with Foxley Drive on the north to avoid potential traffic conflicts from offsetting intersections. This future northern access through the Chur ch property was also identified in the Specific Plan Conceptual Circulation Plan included as Attachment 3 to the staff report. The driveway and future roadway area also bisect a cultural resource area and the eastern portion of the church site was placed within an open space easement to restrict future development of this section of the property.

Street “E” has been designed to include two popouts along the church section of the roadway (eastern side) to avoid existing cultural features (milling feature s) and also another popout mid -block within the project to provide traffic calming. As part of the original church development, a public access trail easement was dedicated along the eastern boundary of the property, as shown on the Specific Plan street alignment.
b. Setbacks and Architectural Design Criteria
Along with the proposed realignment to internal Street “E,” the applicant also has requested a modification to the minimum required setback of 20 feet for all structures along this street frontage.

The applicant has requested this modification to allow setbacks to be consistent with standard R -1 single-family residential setbacks to allow for flexibility in the future design and layout of the homes and driveways. The front setback requirement in the R-1 zone is 15 feet, except that a garage facing the street is required to maintain a 20 -foot setback to accommodate driveway parking. Due to the varying lot sizes and configuration along Street “E” and configuration of the lots, the minimum 20’ setback would limit development potential on certain lots. The homeowners’ association would be responsible for maintenance of the parkway landscaping along this street.

The proposed amendment to the Specific Plan includes a modification to certain architectural design requirements for the future homes to include the following:
• Section 3.6.4(A)(1). Reduce the minimum number of single-story homes required from 20 percent to 10 percent. This is requested because a single -story home generally has a much larger fo otprint than a two-story home and thus would reduce the potential area for future accessory structures on the smaller lots.
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• Section 3.6.4(5). Reduce the requirement to provide front porches and patios to the front of the homes to a minimum of 20 percent of the units. The requirement to provide these front -yard amenities was to encourage residents to engage in the front yards. However, traditional single-family homes on smaller lots generally provide the primary open space and associated recreational amenities in the rear yards. This would allow for the homes to be designed based on changing consumer demand and design preferences and also would allow for the homes to be place closer to the front-yard setbacks and allow for greater rear-yard space. • Section 3.6.4(6)(a)(b)(i). This section primarily focuses on the design of garages and to de - emphasize the garage as seen from the street, and to incorporate side-entry garages. This provision requires the design to place the garage further to the middle or the rear of the home requiring additional pavement and impacting the interior design of the home and potential reduction in rear - yard area. The proposed amendment would eliminate the language requiring side-entry garages and deeply recessed garages, deta ched garages and revised section (b) to allow recessed plane ranging from 1 to 3 feet for 80 percent of the garages. The final design of the homes, garages and orientation would be determined through the post entitlement Staff Design Review process. The use of decorative garages and varying garage colors has been added to off-set the changes to this section.

ENVIRONMENTAL REVIEW
The City Council certified a Final Program Environmental Impact Report (“FEIR”) (City Case No. ER 2001 - 25 and State Clearinghouse No. 200203115) in 2004 for the Northeast Gateway Specific Plan and Eureka Ranch Tentative Subdivision Map, and adopted a Mitigation Monitoring and Reporting Program (“MMRP”). Section 15164 of the State CEQA Guidelines states that an Addendum to an EIR s hall be prepared “if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” The proposed project is consistent with the certified FEIR. Specifically, none of the conditions defined in Sections 15162 and 15163 of the State CEQA Guidelines that would require preparation of a subsequent or supplemental EIR have been met. As detailed in the Addendum to the FEIR prepared for this project, included as Exhibit “E” to City Council Resolution No. 2023 -20, and the project materials, the City finds that, pursuant to Section 15162, no subsequent EIR would be required. Because none of the conditions of Section 15162 of the State CEQA Guidelines occur and as the Addendum and the proposed project satisfy the re quirements of Section 15168, an Addendum to the Northeast Gateway Specific Plan FEIR is the appropriate form of environmental documentation required under CEQA for the proposed project.

CONCLUSION
The Project is consistent with the General Plan and Northea st Gateway Specific Plan, as proposed to be amended, as well as with the development standards approved under Specific Plan and Project details of request. The project as proposed will not have a significant effect on the environment, as designed and conditioned. The Addendum to the Final EIR contains mitigation measures designed to minimize or eliminate possible environmental impacts consistent with the Final EIR. The location, size and design of 245
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the proposed Project will not be incompatible with, nor will adversely affect or be materially detrimental to, adjacent land uses. The site is suitable for the type and intensity of use or development which is proposed. Both the Planning Commission and staff recommend the City Council adopt the Addendum to the Final Environmental Impact Report and approve the proposed Project.

RESOLUTIONS
A. Resolution No. 2023-20
B. Resolution No. 2023-20 Exhibit A, B, C, D, E and F

ORDINANCES
A. Ordinance No. 2023-05
B. Ordinance No. 2023-05, Exhibits A, B, C, D and E

ATTACHMENTS
A. Attachment 1 – January 24, 2023, Planning Commission staff report B. Attachment 2 – Addendum to the Final Environmental Impact Report C. Attachment 3 – SPA Modification to the NE Gateway Circulation Plan background documents 246
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Ag
enda Item No.: G.1
Date: January 24, 2023
PROJECT NUMBER / NAME: PL22-0145, PL22-0146, PL22 -0147, and PL23 -0032 / Northeast Gateway 64
REQUEST: Specific Plan Amendment, Development Agreement, Tentative Subdivision Map and Grading Exemption f or the development of 64 single -family residential lots . The Specific Plan Amendment is requested for modification to internal street alignment, setbacks alon g this street and architectural and design requirements. The Development Agreement is requested for the transfer of development rights and purchase of 20 unallocated units from the City of Escondido into the project.

LOCATION: The 36.42 -acre project site is located
east of East Valley Parkway, south of Lake Wohlford
Road, and north of Beven Drive, addressed as 3425,
3429, 3445, 3485, and 3507 E. Valley Parkway, and
13950 and 13961 Valle Lindo Road
APN / APNS : 240-011-01-00, -240-011-12-00, 240-
011-13-00, 240-020-23-00, 240-020-32-00, 240-020-
33-00, a portion of 240 -020-21-00, and a portion of
240-020-27-00.

GENERAL PLAN / ZONING: Specific Plan Area (SPA
#5) / Specific Plan (S-P) Northeast Gateway Specific
Plan, Planning Area 2 (PA2)
APPLICANT: Meridian Development,
LLC
PRIMARY REPRESENTATIVE:

Meridian Development (Guy Asaro).

DISCRETIONARY ACTIONS REQUESTED: Specific Plan Amendment, Development Agreement, Tentative Subdivision Map and Grading Exemption
PREVIOUS ACTIONS: The Northeast Gateway Specific Plan and Final Environmental Impact Report were approved/adopted by the City Council in 2004.

PROJECT PLANNER: Jay Paul, Senior Planner
CEQA RECOMMENDATION: Adoption of an Addendum to the Final Environmental Impact Report STAFF RECOMMENDATION: Approval
REQUESTED ACTION: Approve Planning Commission Resolution No. 2023-02 CITY COUNCIL HEARING REQUIRED: ☒ YES ☐ NO
REPORT APPROVALS: ☐ Andrew Firestine, Director of Development Services ☒ Adam Finestone, City Planner
Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

2 BACKGROUND:

The approximately 36.42-acre (gross acres) project site is comprised of 7 parcels and has been previously developed with residential and agricultural structures and uses. Agricultural uses have since been abandoned, but some accessory structures remain. The project site is located in 89- acre Planning Area 2 (“PA 2”) within the larger 418-acre Northeast Gateway Specific Plan which includes 5 separate planning areas. The Northeast Gateway Specific Plan and associated Final Environmental Impact Report ( “FEIR”) were adopted by the Escondido City Council in 2004.

Several residential projects have since been approved and development within the SPA includes the 340-lot Eureka Ranch project (TR 839) and 30-lot Eureka Springs project (TR 914), City Ryan Park, and Valley High School. The 78-unit/99 bed Apollo Assisted Living Facility is currently under construction. PA 2 also includes the Community Lutheran Church that was approved in 1990 prior to the adoption of the Northeast Gateway Specific Plan. Two smaller residential subdivisions were approved in Planning Area 2 (Tract 933 and Tract 956) that were never developed and the entitlements subsequently expired.

A. SUMMARY OF REQUEST:

Meridian Development (“Applicant”) submitted an application on April 7, 2022 to develop the Project site to include an amendment to the Specific Plan, Development Agreement, Tentative Subdivision Map, and Grading Exemption for the development of a 64- lot single-family residential subdivision with a density of 1.83 dwelling units per acre (net density) (“Project). Lot sizes range from 7,000 square feet up to 14, 871 square feet. The design also includes 12 open space lots (Lots A – L ) totaling 14.66 acres , including a 10.95-acre habitat conservation lot. The project includes a request to modify the alignment of the main internal street (Street “E”) and to revise the setbacks along this street to be consistent with standard R- 1 single -family residential setbacks, along with modification to certain architectural design criteria for the future homes. A Development Agreement involves financial compensation to the City in exchange for a density transfer of 20 single-family units from public lands within the Specific Plan Area, as permitted by the Northeast Gateway Specific Plan. A Grading Exemption is requested for cut slopes up to 63 feet in height located towards the northeastern portion of the project. All existing structures on the site would be demolished. Project plans are included as Exhibit “ I” to draft Planning Commission Resolution No. 2023-02, which itself is included with this report as Attachment 3.

B. SUPPLEMENTAL DETAILS OF REQUEST:

1. Property Size:

36.42 acre (gross)

34.96 acre (net) 1.58-acre right-of-way dedication

2. Number of Lots:

64 single-family residential lots and 12 open space lots (A – L) Open Space Lot J is a proposed conservation easement lot

3. Density/Lots Permitted

44 lots permitted per Specific Plan Slope Analysis Yield

1.74 du/ac gross density

1.83 du/ac net density

Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

3 4. Density Transfer 20 units/lots requested for transfer rights from the City

PA 2 Requirement: Provided:

5. Lot Sizes:

:

Min. 7,000 SF to 10,000 SF
depending on location,
adjacent to Valley Pkwy.
and/or open space

Range from 7,000 SF to
14,871 SF(gross lot area)

6. Setbacks

20’ min. along Internal Street
“E”
SPA requirements based on
lot size

R-1 zoning standards for all
lots along Street “E”
SPA requirements for all other
lots based on lot size

7. Open Space

Eastern steeper slopes to be
preserved as natural open
space per Specific Plan

14.66 acres open space, 12
lots (A – L)

10.95-acre conservation
easement open space lot “J”

8. Grading/Exemptions SPA guidelines Anticipated 76,000 cy cut and 76,000 cy fill
Grading Exemptions for cut
slopes up to 63’ within N/E
area adjacent to lots 41, 43
and 43

C. PROJECT ANALYSIS:

1. General Plan Conformance:

The City’s General Plan land- use designation for the project site is Specific Planning Area (SPA 5), which is implemented through the Northeast Gateway Specific Plan. The Northeast Gateway Specific Plan encompasses 418 acres and contains 5 separate planning areas, consisting of both private and public owners hips. The Project site is in PA 2. The Specific Plan was approved in 2004 in conjunction with the Eureka Ranch development and ensures that future develop within the Specific Plan is consistent. The total projected yield throughout the Specific Plan is 517 dwelling units, with up to 167 of the total units derived, and available for transferred, from publicly owned land to privately owned land within the Specific Plan, subject to City Council approval. The subject 36.42-acre project site is allocated a total of 44 units based on the Specific Plan slope analysis/yield calculations. The project includes 64 single-family residential lots, inclusive of a requested transfer of 20 City units. To date, the City has transferred 87 units for the Eureka Ranch development and 15 units from the Eureka Springs development (formally Hallmark Communities) , for a total of 102 units transferred.

With the proposed transfer of 20 units to the P roject, a total of 45 units would remain for potential future transfer to other developments within the SPA. Therefore, the proposed Project is consistent with the General Plan and Northeast Gateway Specific Plan.

Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

4 2. Site Design:

a) Project Access and Circulation:

Primary access to the proposed lots would be from the installation of internal Street “E” (Public Drive “A” shown on the Tentative Map) , intersecting Beven Drive on the south and Lake Wohlford Road on the north. The project site also fronts onto East Valley Parkway, but access would not be provided from this Major Circulation Element Road. The overall goal for development within Planning Area 2 is to eliminate all curb cuts/access to East Valley Parkway. With the development of this project, all existing driveways accessing E. Valley Parkway would be eliminated except for one existing single-family residence that is not part of this project. The Project does include an access easement to provide this lot with access to internal Street “E” in order for this remaining driveway to be closed at such time the property owner choses to do so. The final design of Street “E” is intended to respect other parcels/owner’s access to Street “E” and to avoid future conflicts in order that they may develop their properties. The proposed design would provide access to parcels that current ly have primary access/easements to East Valley Parkway, but would take access from internal Street “E” upon its completion.

b) Specific Plan Amendment – Street “E” Alignment

The applicant is requesting a formal modification to the alignment of Street “E” as shown in the Specific Plan (as detailed in Exhibit “E” to draft Planning Commission Resolution No. 2023- 02) to correspond to the consolidation of the 7 parcels and to facilitate the current project design and previous alignment of future Street “E” off-site to the north through the Community Lutheran Church property. The current alignment of Street “E” towards the north of the Project site includes a slight jog to the northeast to accommodate potential development of two parcels (not part of this project ).

However, this alignment is not feasible as the future alignment of Street “E” and its intersection with Lake Wohlford Road on the north was set with the approval and development of the Community Lutheran Church in 1990, before the Northeast Gateway Specific Plan was adopted. When the Community Lutheran Church was developed, the project constructed a driveway from Lake Wohlford Road that provides primary access to the church, but also reserved an Irrevocable Offer of Dedication (IOD) along this driveway for future buildout of the roadway to provide northern access to the Northeast Gateway Planning Area 2. This driveway/roadway easement also was selected in order to line up with Foxley Drive on the north to avoid potential traffic conflicts from offsetting intersections. The driveway and future roadway area also bisect a cultural resource area and the eastern portion of the church site was placed within an open space easement to restrict future development of this section of the property. Street “E” has been designed to include two popouts along the church section of the roadway to avoid existing cultural features (milling features) and also another popout mid- block to provide traffic calming. As part of the original church Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
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5 development, a public access trail easement was dedicated along the eastern boundary of the property, as shown on the Specific Plan street alignment.

c) Specific Plan Amendment – Setbacks and Architectural Design Criteria Along with the proposed realignment to internal Street “E ,” the applicant also has requested a modification to the minimum required setback of 20 feet for all structures along this street frontage. The applicant has requested this modification to al low setbacks to be consistent with standard R-1 single-family residential setbacks to allow for flexibility in the future design and layout of the homes and driveways. (The front setback requirement in the R-1 zone is 15 feet, except that a garage facing the street is required to maintain a 20-foot setback to accommodate driveway parking.) Due to the varying lot sizes and configuration along Street “E” and configuration of the lots, the minimum 20’ setback would limit development potential on certain lots . The homeowners’ association would be responsible for maintenance of the parkway landscaping along this street.

The proposed amendment to the Specific Plan includes a modification to certain architectural design requirements for the future homes to include the following:
• Section 3.6.4(A)(1) . Reduce the minimum number of single- story homes required from 20 percent to 10 percent . This is requested because a single- story home generally has a much larger footprint than a two- story home and thus would reduc e the potential area for future accessory structures on the smaller lots.
• Section 3.6.4(5). Reduce the requirement to provide front porches and patios to the front of the homes to a minimum of 20 percent of the units. The requirement to provide these front-yard amenities was to encourage residents to engage in the front yards. However, traditional single- family homes on smaller lots generally provide the primary open space and associated recreational amenities in the rear yards. This would allow for the homes to be designed based on changing consumer demand and design preferences and also would allow for the homes to be place closer to the front- yard setbacks and allow for greater rear-yard space.
• Section 3.6.4(A)(6) and 3.6.4(A)(6)(b)(i). This section primarily focuses on the design of garages and to de- emphasize the garage as seen from the street, and to incorporate side- entry garages. This provision requires the design to place the garage further to the middle or the rear of the home requiring additional pavement and impacting the interior design of the home and potential reduction in rear -yard area. The proposed amendment would eliminate the language requiring side- entry garages and deeply recessed garages, detached garages and revised section (b) to allow recessed plane ranging from 1 to 3 feet for 80 percent of the garages. The final design of the homes, garages and orientation would be determined through the post entitlement Staff Design Review process. The use of decorative garages and varying garage colors has been added to off-set the changes to this section.

Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
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6 d) Open Space and Landscaping:

The Project includes 12 open space lots for a total of 14.66 acre of open space. Open Space Lot “J” is located within the steeper eastern portion of the site and would be placed within an open space/conservation easement to preserve existing native vegetation and any cultural resources that might be present in this area. The existing masonry block wall along the Project’s E ast Valley Parkway frontage would be removed and replaced with a new decorative masonry block noise attenuation wall , landscape berm with a larger landscape parkway setback and meandering sidewalk in accordance with the Specific Plan design guidelines. In addition, the main entry corner at East Valley Parkway and Beven Drive will include an upgraded landscape entry design feature, signage and fencing to be compatible with other developments in the Specific Plan. The internal Street “E” would be developed with the landscape parkway located adjacent to the curb (vs. sidewalk adjacent to the curb) and landscaped with street trees and ground cover , which would be maintained by the Project homeowner’s association.
e) Grading Design

The project includes a combination of cut and fill with proposed grading exemptions located within the northeastern area of the project site. Cut slopes up to 63 feet in height are proposed along the eastern side of Lots 41, 42 and 43. A Gradi ng Exemption is required for any cut slopes greater than 20 feet in height. These slopes would be located towards the rear of the lots and landscaped in accordance to the City’s Landscape Ordinance and the SPA landscape requirement to provide an appropriate transition from the more ornamental landscape area within the project to the native habitat on the steeper slopes to the east, as well as to provide the necessary fire protection buffers. The cut slopes would not result in any adverse visual impacts or block adjacent views.

D. FISCAL ANALYSIS:

Consistent with the General Plan, the Specific Plan allow the transfer of residential density from publicly-owned land within the Specific Plan Area to privately owned property, subject to City Council approval through a Development Agreement. The proposed Development Agreement calls for financial compensation in the amount of $77,400 per unit ($1,548,000 total) to the City in exchange for the density transfer of 20 residential units to the site. The Development Agreement also includes a provision to freeze development impact fees at current levels for a term of 5 years.

As part of the overall decision- making process to move forward with a proposed development project, it is important to evaluate the contributions and demands that development will place upon a public agency’s general fund and the city or county’s ability to provide ongoing public services.

To avoid the need for a city or county to subsidize new development, cities and counties can establish or require special funding mechanisms to ensure that new development pays for itself.

Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

7 Community Facilities District (“CFD”) No. 2020 -1, Citywide Services, was formed by the City Council on May 13, 2020. The special tax that will be assessed on properties as a result of the development of new residential units is based upon the Fiscal Impact Analysis (FIA) that was prepared to support the creation of CFD No. 2020- 01. Developers to whom these residential project entitlements are assigned are responsible to establish a funding mechanism to provide a source of funds for the on-going municipal services required for the project. The benefit of entering CFD No. 2020- 01 is that the annexation process is significantly streamlined, which saves staff time and costs to developers.

At the time of this writing, an applicant is required to fully offset potential impacts to the General Fund created by their project and the Pr oject has been conditioned accordingly. (It should be noted that the City Council has directed staff to look at the current policy and bring back recommendations that may modify this requirement.) This can be accomplished through either formation of a CFD, annexation into CFD No. 2020-01, or establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Should an applicant desire to utilize the streamlined process available through annexation into CFD No. 2020-01, they would be required to sign a Letter of Intent (“LOI”) to do so, which serves as their authorization to annex.

If the future developer opts to annex into CFD No. 2020 -01, the Project would fall into Category 1 (less than 5.5 du/ac). The current rate for Category 1 is $575.19 per unit through the end of this fiscal year (June 30, 2023), subject to annual adjustments which currently are based on the Consumer Price Index or 2%, whichever is greater. The total annual cost for the 64-unit Project would be approximately $36,812.16. If annexation into CFD No. 2020-01 is the way by which the developer opts to provide the ongoing funding source, the housing units would be included in the annexation. Should the developer opt to pursue a funding mechanism other than CFD No. 2020- 01, such mechanism, including the assessment rate, would be subject to approval by City Council.

E. ENVIRONMENTAL STATUS:

The City Council certified a Final Program Environmental Impact Report (“FEIR”) (City Case No.

ER 2001-25 and State Clearinghouse No. 200203115) in 2004 for the Northeast Gateway Specific Plan and Eureka Ranch Tentative Subdivision Map, and adopted a Mitigation Monitoring and Reporting Program (“ MMRP”). Section 15164 of the State CEQA Guidelines states that an Addendum to an EIR shall be prepared “if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” The proposed project is consistent with the certified FEIR. Specifically, none of the conditions defined in Sections 15162 and 15163 of the State CEQA Guidelines that would require preparation of a subsequent or supplemental EIR have been met. As detailed in the Addendum to the FEIR prepared for this p roject, included as Exhibit “ B” to Draft Planning Commission Resolution No. 2023-02, and the project materials, the City finds that, pursuant to Section 15162, no subsequent EIR would be required. Because none of the conditions of Section 15162 of the State CEQA Guidelines occur and as the Addendum and the proposed project satisfy the requirements of Section 15168, an Addendum to the Northeast Gateway Specific Plan FEIR is the appropriate form of environmental documentation required under CEQA for the proposed project.

Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

8 As part of the environmental review process, Planning staff issued consultation invitations to a list of tribal groups maintained by the California Native American Heritage Commission, as required by Senate Bill 18 (“SB18”) for all projects involving an amendment to the General Plan or a Specific Plan. Additionally, staff issued separate consultation invitations to a small subset of tribal groups, as required by Assembly Bill 52 (“AB52”) for all projects subject to the California Environmental Quality Act. A total of two tribal groups (Rincon Band of Luiseno Indians and San Luis Rey Band of Mission Indians) requested formal consultation pursuant to SB18 and/or AB52.

Consultation activities with these 2 tribal groups took the form of virtual meetings , emails/letters phone calls with City staff, and on -site ground surveys with the project applicant and environmental consultants. During consultation activities, tribal representatives were given the opportunity to review the project plans , technical studies, ask questions, and discuss mitigation measures to address potential impacts to historic, cultural and tribal cultural resources. Their recommendations regarding the inclusion of mitigation measures to address inadvertent discoveries of tribal cultural resources and an existing milling feature during grading/construction operations have been incorporate into the Addendum , conditions of approval and Mitigation Monitoring and Reporting Program (MMRP) , which includes Native American monitor(s) during ground-disturbing activities.

F. PUBLIC INPUT:

Staff has not received any written correspondence from the public regarding the project. Staff met with one property owner located north of the project site regarding the proposed amendment to the internal roadway alignment and how it would affect future development of his property. The project applicant also has met with a majority of the owners within PA2 to discuss the project design and proposed improvements.

G. CONCLUSION AND RECOMMENDATION:

The Planning Commission is the authorized decision -making body for granting discretionary approval of a Tentative Subdivision Map, inclusive of a grading exemption, and the City Council is the authorized body for granting approval of a Specific Plan Amendment and Development Agreement. When one concurrent application is filed for all of these approval types, the full project is brought to Planning Commission first for a recommendation on approval or denial, and is then brought to City Council for a final decision. The proposed Project is consistent with the Northeast Gateway Specific Plan, as proposed to be amended. The Project as proposed will not have a significant effect on the environment, as designed and conditioned. The EIR Addendum contains mitigation measures designed to minimize or eliminate possible significant environmental effects.

The location, size, design, and operating characteristics of the proposed project will not be incompatible with, adversely affect, nor will be materially detrimental to adjacent land uses. The site is suitable for the type and intensity of use or development which is proposed. Staff recommends that the Planning Commission recommend approval of the Project based upon the factors/findings, conditions and mitigation measures as described in this staff report and as detailed in Exhibits “A” through “I” to Draft Planning Commission Resolution No. 2023-02.

Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

9 ATTACHMENTS:

1. Location and General Plan Map

2. Planning Commission Resolution No. 2023- 02, with Exhibits “A” through “I”

Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

10 Attachment 1

Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

11 Attachment "1"
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Project Name: Northeast Gateway 64
Planning Commission Meeting
Date: January 24, 2023

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ATTACHMENT 2

Final Environmental Impact Report and Addendum

Due to the number of pages of Attachment 2,” the following link has been provided to review the documents electronically on the City’s web site:

https://www.escondido.org/northeast-gateway-project

The link includes the following:

Final Environmental Impact Report for the Northeast Gateway Specific Plan (ER 2001-25) Addendum to the FEIR

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This Exhibit(2-2b) illustrates the current conceptual roadway alignment for Internal Street “E” shown in the NE Gateway Specific Plan
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ATTACHMENT 3

The following are current sections from the Northeast Gateway Specific Plan related to the Circulation Element and Conceptual Circulation Plan (exhibits) for Internal Street “E” through Planning Area 2 (PA2).

Section 2 -Circulation

Section 2.3.3(4) (page 2-15) Conceptual Circulation Plan - Secondary Local Streets

Street E – Following the ultimate completion of the East Valley Parkway widening project between 2025 and 2020, the existing private easement accesses from East Valley Parkway to the residential areas of PA 2 will be closed in order to promote public safety by preventing turning movements across the six-lane road. Street “E” is proposed to provide access through PA 2 from Lake Wohlford Road to East Valley Parkway. The existing access easement on the eastern side of the Community Lutheran Church property and an intersection with Street “A” east will provide the linkages to external circulation.

Current SPA Circulation
Language regarding use
of existing Church access
for Internal Street “E”
Existing Church open space easement
and access driveway through the
Church site and future alignment with
Foxley Drive on the north side of
Lake Wohlford Road.
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Exhibit 2-2 illustrates the proposed alignment of Street “E” through Planning Area 2, with the northern access through the Community Lutheran Church Property. As described in section

2.2.1, Street “E” will consist of two 12-foot travel lanes and a 20-foot setback on each side of the right of way.

Current language form Street “E” in the Specific Plan as follows:

The alignment of Street “E” as illustrated follows the existing property lines within PA 2, providing access to each individual property. All future development proposals within PA 2 will be evaluated on their compliance with City regulations, Specific Plan standards, and the preservation of Street “E” access for all properties within Planning Area 2. Any proposed realignment of Street “E” must be processed as either an administrative or formal amendment to the Specific Plan, depending on the consensus of the existing ownerships within the Planning Area. A more complete description of the Street “E” realignment process criteria is found in section 2.2.1.

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This Exhibit(2-2b) illustrates the current conceptual roadway alignment for Internal Street “E” shown in the NE Gateway Specific Plan
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RESOLUTION NO. 2023-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A TENATIVE

SUBDIVISION MAP , GRADING EXEMPTION AND

ADOPTION OF AN ADDENDUM TO THE NORTHEAST

GATEWAY FINAL ENVIRONMENTAL IMPACT REPORT FOR
THE 64-LOT NORTHEAST GATEWAY PROJECT

WHEREAS, Meridian Communities, LLC (“Applicant”) filed a land use development application (Planning Case Nos. PL22-0145, PL22-0146, PL22-0147 and PL23-0032) constituting a request for an Amendment to the Northeast Gateway Specific Plan (Planning Area 2 internal road “E” realignment, setbacks along road “E,” and architectural design standards); Development Agreement for the transfer and purchase of 20 units from the City of Escondido’s density allocation; Tentative Subdivision Map for 64 single-family residential lots, and Grading Exemption for cut slopes in excess of 20 feet in height (“Project”), on approximately 36.42 acres generally located east of East Valley Parkway, south of Lake Wohlford Road, north of Beven Drive, addressed at 3425, 3429, 3445, 3485, and 3507 E. Valley Parkway, and 13950 and 13961 Valle Lindo Road (Assessor’s Parcel Numbers 240-011-01-00, -240-011-12-00, 240- 011-13-00, 240-020-23-00, 240-020-32-00, 240-020-33-00, a portion of 240 -020-21-00 and a portion of 240-020-27-00); as more particularly described in Exhibit “A,” which is attached hereto and made a part hereof as though fully set forth herein (“Property”); and WHEREAS, the Application was submitted to, and processed by, the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code Section 65920 et seq.) and the California Environmental Qu ality Act (Public Resources Code Section 21000 et seq.) (“CEQA”); 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
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WHEREAS, single-family residential development and the transfer of units is permitted within the Northeast Gateway Specific Plan Planning Area 2 , subject to the approval of the prop osed Development Agreement and Tentative Subdivision Map, in accordance with Chapter 32 of the Escondido Municipal Code and Development Agreements in accordance with Article 58 of the Escondido Zoning Code; 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, a Final Environmental Impact Rep ort, and Mitigation Monitoring and Reporting Program were certified for the Northeast Gateway Specific Plan; and WHEREAS, an Addendum to the Final Environmental Impact Report was prepared for the Project in conformance with the California Environmental Quality Act (“CEQA”); and WHEREAS, the Planning Division studie d 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 "B," which is attached hereto and made a part hereof by this reference as though fully set forth herein; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 24, 2023 as prescribed by law, at which interested persons were given the opportunity t o 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 Resolution No. 2023-02, recommending that the City Council approve the Project; and
WHEREAS, the City Council of the City of Escondido held a duly noticed public hearing on February 15, 2023 as prescribed by law, at which time the City Council received and considered the reports and recommendation of the Planning Division and Planning Commission, and gave all persons full opportunity 265
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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 15, 2023, which along with its attachments, and City staff's recommendation on the Project, is incorporated herein as though fully set forth herein; d) The Planning Commission recommendation; and
e) Additional information submitted during the public hearing; and WHEREAS, the City Clerk, whose office is located at 201 North Broadway, Escondido, California, 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisio ns of the California 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 Addendum to t he Final Environmental Impact Report prepared for the Project in conformance with CEQA, the staff report dated February 15, 2023, and testimony given at the public hearing, and makes the determinative Findings of Fact/Factors to be Considered contained in Exhibit " C" hereto and incorporated by this reference. The Addendum to the Final Environmental Impact Report adequately address all environmental issues associated with the Project, and the Project would not result in any significant impacts to the environmental. The Mitigation Monitoring and Reporting Program address mitigation for potential 266
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project-related impacts and the report will sufficiently mitigate and assign on -going responsibility for carrying out mitigation responsibilities which are appropriate to address and mitigate project -related impacts.

3. That the Findings of Fact /Factors to be Considered were made by the City Council, and upon their consideration along with the staff reports, public testimony presented at the hearing, an d 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 "D" hereto and incorporated by this reference and adopts the Addendum to the Final Environmental Impac t Report set forth in Exhibit “ E” and Mitigation Monitoring and Reporting Program set forth in Exhibit “ F” and incorporated by this reference . The City Council expressly declares that is would not have made this decision except upon and subject to each an d all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the use permitted hereby.

4. That the City Council desires at this time and deems it to be in the best public interest to approve the Tentative Subdivision Map and Grading Exemption as depicted in Exhibit “B.”

5. That this Tentative Subdivision Map and associated Master and Precise Development Plan shall be null and void unless a Final Map conforming to the Tentative Subdivision Map and all required conditions, is filed within the term set forth in the Development Agreement , or unless an Extension of Time is granted pursuant to section 66452.6 of the California Government Code and Chapter 32 (Subdivisions) of the Escondido Municipal Code.

6. That concurrently with this Resolution, the City Council is taking a number of actions in furtherance of the Project, as generally described by the February 15, 2023, City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective in the manner provided 267
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by state law. Therefore, this Resolution shall become effective and operative on the day immediately subsequent to the date that Ordinance No. 2023-05 becomes effective.

9. That the City Clerk of the City of Escondido is hereby authorized and directed to file a certified copy of this resolution with the applicable fees required by Section 54902.5 of the California 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 both the Community Development Department and Public Works Department. Approval of this development project is conditioned upon payment of all applicable development fees and connection fees in the manner provided in Chapter 6 of the Escondido Municipal Code. The Project is also subject to dedications, reservations, and exactions, as specified in the Conditions of Approval.

2. NOTICE IS FURTHER GIVEN that the 90-day period during which to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020. 268
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EXHIBIT “A”
Legal Description
Resolution No. 2023-20
(Northeast Gateway Residential 64 Project)
Resolution No. 2023-20
Exhibit "A"

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EXHIBIT “B”
Plans
Resolution No. 2023-20
Resolution No. 2023-20
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EXHIBIT “C”

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Resolution No. 2023-20
PLANNING CASE NUMBERS: PL22-0145, PL22-0146, PL22-0147 and PL23-0032 Environmental Determinations:

1. Pursuant to the California Environmental Quality Act, ( "CEQA"), Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., 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. The City Council certified a Final Program Environmental Impact Report (FEIR) (City Case No. ER 2001-25 and State Clearinghouse No. 200203115) in 2004 for the Northeast Gateway Specific Plan and Eureka Ranch Tentative Subdivision Map (Northeast Gateway Specific Plan) , and adopted a Mitigation Monitoring and Reporting Program.

3. Section 15164 of the State CEQA Guidelines states that an Addendum to an EIR shall be prepared “if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” The proposed project is consistent with the certified FEIR. Specifically, none of the conditions defined in Sections 15162 and 15163 of the State CEQA Guidelines that would require preparation of a subsequent or supplemental EIR have been met.

4. As detailed in the Addendum and the project materials, the City finds that, pursuant to Section 15162, no subsequent EIR would be required. Because none of the conditions of Section 15162 of the State CEQA Guidelines occur and as the Addendum and the proposed project satisfy the requirements of Section 15168, an Addendum to the Northeast Gateway Spec ific Plan FEIR is the appropriate form of environmental documentation under CEQA for the proposed project.

Tentative Subdivision Map Determinations:

1. The Project proposes a 64-lot Tentative Subdivision Map and the consolidation of several lots to provide for logical and orderly development consist with the overall vision of the planning area. The location, design, and residential density of the proposed residential development is consistent with the goals and policies of the Escondido General Plan because single-family development is permitted and encouraged within Planning Area 2 of the Northeast Gateway Specific Plan . The proposed residential Project is in conformance with General Plan Housing Goals and Policies to plan for quality, managed, and sustainable growth, and provide a range of housing opportunities for all income groups and populations with special needs, and which encourage a compact, efficient urban form that promotes transit, supports nearby commercial establishments and takes advantage of infrastructure improvements installed to accommodate their intended intensities.

Resolution No. 2023-20
Exhibit "C"

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2. The Project site is physically suitable for the proposed density of development because the Project site is within an urb an area that is developed with a mix of single -family residential, recreation and institutional uses. Planning Area 2 allows up to 44 base units for the subject parcels, and also allows for additional density through a Development Agreement and purchase o f units from the City of Escondido’s allocation of surplus density. The request to subdivide the Project site into 64 residential lots would be consistent with the proposed Northeast Gateway Specific Plan (Planning Area 2) land- use density and development requirements. Furthermore, the proposed Tentative Subdivision Map is consistent with applicable provisions of the General Plan that address growth management and maintaining the fiscal stability of the City because the Project applicant minimizes ongoing costs to taxpayers through annexation into a CFD or establishment of another funding mechanism as required by the Project conditions of approval.

3. The approval of the proposed Project would be based on sound principles of land use and is well - integrated with its surroundings near similar residentially developed properties because adequate access, parking, utilities, public services , landscaping and preservation of open space would be provided (as detailed in the staff report). The residential Project also would not be out of character for the area which contains other single-family residential development. All vehicular traffic generated by the Project will be accommodated safely and without degrading the level of service on the adjoining streets or intersections.

4. The Project would not result in the destruction of desirable natural features, nor be visually obstructive or disharmonious with surrounding areas because the site is not located on a skyline or intermediate ridge, and the project area does not contain any significant topographical features. The proposed grading design would not result in any manufactured slopes or pad elevations that would create any significant adverse visual or compatibility impacts with adjacent lots, nor block any significant views.

Steeper area s of the site that contain native habitat would be preserved within an open space easement, as identified in the Specific Plan.

5. The Project site is physically suitable for this proposed type of residential development and density of development. Approval of the Tentative Subdivision Map for the Project would not violate the requirements, goals, policies, or spirit of the General Plan or Northeast Gateway Specific Plan. The Project site is suitable for the proposed residential type of development and density as detail in the Planning Commission staff report dated January 24, 2023 and also noted in the above sections.

6. The Project would be compatible with the surrounding uses because the site is within an urban residential area developed with similar single-family residential development. The topography of the Project site allows for appropriate access and the creation of buildable pad areas without the need to export or import significant quantities of material. Adequate public utilities and services can be provided to the site. All vehicular traffic generated by the Project will be accommodated safely and without degrading the level of service on the adjoining streets or intersections. Appropriate noise attenuation would be provided for the new lots. The proposed Project also would not result in a significant impact to biological or natural resources, as mitigated to reduce potential impacts to a less than significant level.

7. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The Project’s proposed street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required Resolution No. 2023-20
Exhibit "C"

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easements and rights-of-way; lot configuration; traffic and emergency access; and grading; were all reviewed for compliance with relevant City polic ies and codes. The Project would not cause substantial environmental damage and would avoid injury to fish or wildlife, or their habitat because all identified impacts would be would be mitigated to less than a significant level.

8. The design of the Ten tative Subdivision Map and the type of improvements will not conflict with easements of record, or easements established through court judgments, or acquired by the population at large, for access through, or use of property within the proposed map because any existing easements and improvements will either be accommodated within the project design; be quitclaimed prior to recordation of the map; or alternate provisions provided.

9. The design of the Tentative Subdivision Map has provided, to the extent fe asible, for future passive or natural heating or cooling opportunities in the subdivision. The lot sizes and the subdivision configuration provide opportunities for passive/solar heating.

10. All permits and approvals applicable to the proposed Tentative Subdivision Map pursuant to the Escondido Zoning Code (Chapter 33 Zoning) will have been obtained prior to the recordation of the map.

11. The proposed Tentative Subdivision Map will not conflict with regional or local housing goals because the proposed infill residential Project would be in conformance with General Plan Housing Goals and Policies to expand the stock of all housing; increase homeownership; plan for quality managed and sustainable growth; and encourage a compact, efficient urban form that p romotes transit, supports nearby commercial establishments and takes advantage of infrastructure improvements installed to accommodate their intended intensities. The proposed Project would not diminish the Quality-of-Life Standards of the General Plan as the Project would not materially degrade the level of service on adjacent streets or public facilities, create excessive noise, and adequate on-site parking, circulation and public services would be provided to the site. The Project would comply with all development standards of the applicable zone and observe the density of the General Plan and area plans, as noted in the sections above.

12. In consideration of the above, the proposed Project meets all of the requirements of section 66474 of the Califor nia Government Code and the proposed Tentative Subdivision Map meets all of the requirements or conditions imposed by the Subdivision Map Act, the Escondido Municipal Code, and Northeast Gateway Specific Plan, as detailed in the staff reports, the Escondido General Plan, and above findings.

Grading Exemption Determination:

1. The project includes a request for a Grading Exemption for a proposed cut slopes up to 63 feet in height along a portion of the northeast section of the project . The slope w ould be designed in accordance with current building code and grading design requirements, which will ensure the stability of the surrounding slopes/topography. The cut slope is necessary to support the appropriate pad elevations for lots 41-43 and to avoid further grading into Open Space Lot “J.” The overall height and location of the slope and adjacent pads would not create any adverse visual impacts or block adjacent views. The slope would be landscaped in accordance with the City’s Grading Ordinance and Resolution No. 2023-20
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Landscape Ordinance. The majority of the grading exempted slopes would be located within an Open Space lot and maintained by the project homeowners’ association.

Resolution No. 2023-20
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EXHIBIT “D”

CONDITIONS OF APPROVAL
Resolution No. 2023-20
Planning Case Numbers: PL22-0145, PL22-0146, PL22-0147 and PL23-0032 This Project is conditionally approved as set forth on the application received by the City of Escondido on March 23, 2022, and the P roject drawings consisting of Civil Plans/Grading, Sections, Site Plans, Floor Plans, Architectural Elevations, Landscape P lans and Colored Elevations; all designated as recommended for approval on February 15, 2023, and shall not be altered without express authorization by the Development Services Department.

For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, or its successor(s) in interest, as may be applicable.

A. General:

1. Acceptance of Permit. Should the Applicant fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant:
a. Acceptance of the Permit by the Applicant; and
b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.

2. Permit Expiration. If the Permit was filed as or concurrent with a Tentative Map, the Permit shall expire 36 months from the effective date of City Council approval of the Tentative Map, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code , or additional time granted pursuant to a development agreement.

3. Certification. The Director of Development Services, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisi ons 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.

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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. This includes modifications to any Grading Exemptions for the slopes up to an additional one foot in height, and modifications to retaining wall heights.

Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.

5. Limitations on Use. Prior to any use of the Project site pursuant to this Permit, all Conditions of Approval contained herein shall be completed or secured to the satisfaction of the 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 Permit 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 Final Map recordation , the Applicant shall cause a covenant regarding real property to be recorded that sets forth the terms and conditions of this Permit approval and shall be of a form and content satisfactory to the Director of Development Services.

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 Resolution No. 2023-20
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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 Permit shall relieve the Applicant from complying with conditions , performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. (Permits from other agencies may be required as specified in the Permit’s Details of Request.) This Permit does not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building permits are issued unless specifically waived herein.

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

10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of 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 M itigation 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.

11. Community Facility District or Funding Mechanism. In accordance with the General Plan, the Developer shall fund all on -going operational costs of providing municipal services required for the Project, the amount of such funding shall be in accordance wi th City Ordinance 2020 -10, unless another amount is approved by the City Council at the time of Project approval. Such funding shall occur through either an agreement to form or annex into Services CFD 2020 -1 or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Projects that elect to annex into the Services CFD shall submit consent forms prior to the first permit issuance if they have not done so already. The provisions of the Public Services Funding Agreement shall specify any terms and limitations necessary to implement the CFD or other funding mechanism to offset the impacts to public services associated with the project. The City Manager, or City Manager’s designee, shall be au thorized 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.

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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 (2) 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 no tification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid. The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increases after the date of this approval, the Applicant shall be responsible for the increase.

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

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

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

16. Enforcement. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, the City of Escondi do shall have the right to deny or withhold subsequent permit approvals or 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 said conditions or seek damages for their violation. The applicant/developer shall be notified in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.

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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, sub lessees, 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 appro val 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 f rom the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).

b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project 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 Resolution No. 2023-20
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(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 de posit 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 s ubsequent 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 D ivision, 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 or by the terms of a Development Agreement.

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

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

4. Signage. All proposed signage associated with the Project must comply with Article 66 ( Sign Ordinance) of the Escondido Zoning Code, unless modified by this Project Planned Development.

Separate sign permits will be required for Project signage. All non -conforming signs shall be removed. The Applicant shall submit with any sign permit graphic/list of all signs to be removed and retained, along with any new signage proposed.

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

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

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

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

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

Cleaning shall include keeping all publicly used areas free of litter, trash, and garbage.

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

11. Trash Enclosures. Appropriate trash enclosure(s) or other approved trash system shall be approved by the Planning and Engineering Services Division. The property owner or management company shall be responsible for ensuring that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner. Trash enclosure covers shall be closed when not in use. Trash enclosures shall be regularly emptied. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

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

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

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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 was te 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 a s 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 diese l 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 were contacted and those owners/operators confirmed Tier 4 Interim equipment could not be located within San Diego County during the desired construction schedule, and (ii) the proposed replacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method, and documentation provided to the Planning Division confirms that necessary Project-generated functiona l equivalencies in the diesel PM emissions level are achieved , consistent with the environmental review/Addendum.

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. Parking for each lot shall be subject to the on -site parking requirements of Article 39 for single - family residential development. Garages shall be maintained to provide parking for two cars and Resolution No. 2023-20
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storage or other use of the garage space shall not impede the use of the garages for parking of vehicles.

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

D. Landscaping: The property owner or owners’ association assumes all responsibility for maintaining all on-site landscaping; storm water facilities, any landscaping in the public right-of-way including the parkway landscaping adjacent to East Valley Parkway, Beven Drive, and internal Street “E,” and other common area lots in a manner that satisfies the conditions contained herein.

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

2. All existing planting and planter areas, including areas within the 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 sufficie nt 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 screening walls, retaining walls, storm improvements, and landscaping in substantial conformance to the planting and irrigation schedule as shown on the concept plans detailed in the Planning Commission staff report and associated Resolution exhibits.

a. A final landscape and irrigation plan shall be submitted to the Engineering Services Division for review and approval , if meeting any of the criteria listed under Section 33 -1323 of the Zoning Code. Five copies of detailed landscape and irrigation plans shall be submitted to the Engineering Services Department with the second submittal of the grading plan. The initial submittal of the landscape plans shall 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 irriga tion plans shall be reviewed and approved by the Planning Division and Engineering Services Department prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the satisfaction of the Planning Division. The required landscape and irrigation plans(s) shall comply with the provisions, requirements and Resolution No. 2023-20
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standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. p lanting and irrigation) is to be provided prior to final occupancy , to the satisfaction of the Director of Development Services.

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

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

E. Specific Planning Division Conditions:

1. Setbacks along Street “E” shall be subject to R -1 zoning code standards for front (min. 20 ’ to garage, 15’ to residence ) and street side ( 10’ minimum) setbacks for any structures/fencing.

Front-facing garages require a min. 20’ setback.

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 storm water basin and any fencing associated with the basin shall be maintained by the Project HOA. The basin and landscaping shall be design to be a visual amenity for the Project with an appropriate mix of shrubs, ground cover and grasses. If fencing is provide to restrict access to the basin, the fencing shall be an open decorative design (e.g., t ubular steel, split rail or other type of decorative fencing). The height of any fencing associated with the basin shall not exceed 42 inches in height unless it maintains minimum R -1 setback requirements and or as shown on the concept landscape plan, and shall not limit sight distance at intersection s and driveways.

3. The future homes shall be subject to Staff Design Review and associated Design Review application/fees.

4. The design of the future homes shall be in substantial conformance with the architectural styles, materials and design guidelines detailed in the Northeast Gateway Specific Plan (as amended by this Project), to include enhanced rear elevations of highly visible units, varying roof treatment, as determined by the Director of Development Services.

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5. Any fencing proposed on individual lots shall be generally located at the top of slope to the satisfaction of the Planning Division to ensure that no views will be unreasonably obstructed.

Fence materials shall comply with plans described in the Specific Plan.

6. No street names are part of this approval. A separate request shall be submitted as part of the Final Map review.

7. The proposed open space Lot “J” and other relevant open space lots shall not preclude the future use of Rural Trail “R6” identified in the Northeast Gateway Open Space Plan. Appropriate notes shall be included in the final map and CC&Rs to identify this proposed trail.

8. Prior to the issuance of a building permit, the applicant shall prepare exterior -to-interior noise report completed by a qualified acoustical consultant for the proposed residential units. The report shall also assume a “windows -closed” condition with vehicles traveling along the adjacent roadways in accordance with the identified speed limit. The report would determine the predicted interior noise levels for the units. If predicted noise levels are found to be in excess of 45 CNEL, the report would identify architectural materials or techniques to be included in project design plans to reduce noise levels to 45 CNEL.

9. Noise walls in excess of eight feet in height, where required, shall be constructed with berms such that exposed wall heights shall be no greater that eight feet and the remainder of the height achieved within a landscaped berm. (FEIR Mitigation Measure and Project Design Feature).

10. Roof planes, front setbacks and orientation for new homes on lots adjacent to public circulation roads (East Valley Parkway) and parkland shall be varied so as to avoid creating a uniform appearance from the street or public parkland. (FEIR Mitigation Measure).

11. Prior to the onset of construction, the project proponent shall coordinate with the City of Escondido to implement a traffic/safety control plan designed to avoid or reduce short -term construction- related delays associated with proposed sewer and circulation improvements to area streets, both on- and off -site. The plan shall be approved by the City Engineer and shall address the preservation of access to and from adjacent properties as well as traffic control and safety. (FEIR Mitigation Measure)

12. The applicant shall comply with all terms and conditions detailed in the Development Agreement.

13. The development shall incorporate the Project Design Features and Regulatory Compliance Measures listed in Table 2 of the Addendum to the FEIR.

14. The applicant shall comply with the respective Northeast Gateway Specific Plan Grading, Landscape, and Design Guidelines to ensure that significant visual impacts are reduced to the extent feasible. The SPA mitiga tion requirements for architectural and site design, housing density and arrangement, housing types, fa cade textures, lighting, fencing, circulation and comprehensive grading and landscaping plans shall be applied (Mitigation Measure from FEIR).

15. Phasing Plan – Prior to the recordation of the Final Map, the Developer shall submit and obtain City approval of a Public Improvement Phasing Plan to identify the construction phasing of the Resolution No. 2023-20
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public improvements within the project. Building permits may not be obtained for any unit if the improvement necessary to serve the units as shown on the approved Phasing Plan have not been completed, to the satisfaction of the Director of Development Services.

16. MM-BIO-1 Mitigation for direct impacts to coastal sage sc rub habitat is required per the mitigation ratios outlined in the MHCP (SANDAG 2003). The mitigation ratio for impacts to coastal sage scrub located outside of an FPA is 1:1, resulting in a project mitigation requirement of 0.59 acre. Mitigation involving preservation of in-kind habitat must be located within an FPA. For the project, mitigation for impacts to coastal sage scrub would occur through the preservation of the

1.78 acres of coastal sage scrub habitat located within the on -site FPA with a conserva tion easement or other conservation mechanism.

Prior to clearing activities or recordation of a final map, the Developer shall submit a conservation easement to the City and Agencies for review and approval. Subject to concurrence with the City and Agencies, the Developer may initiate construction activities and record the final map prior to approval of the conservation easement by putting in place a deed restriction (i.e., Restrictive Covenant or Notice of Conditions or similar restrictive document) on the proposed open space lot to identify the lot as permanent open space and not subject to construction activities. The form and language of the deed restriction shall be approved by the City of Escondido and the California Department of Fish and Wildlife. P rior to the issuance of the first building permit, the final conservation easement shall be recorded and the deed restriction removed from the title.

Prior to Final Map, the applicant shall place all natural open space in a dedicated conservation easement with an irrevocable offer of dedication to the City of Escondido. The conserved lands shall be managed by an entity experienced in natural lands management. The wildlife agencies will be designed as third-party beneficiaries. The habitat manager shall provide assurances that management and monitoring of the open space occurs in perpetuity.

17. MM-BIO-2a Per the City Municipal Code Section 33-1068.C (2)(a), any mature tree that will be removed will be replaced at a 1:1 ratio and any protected tree that will be removed will be replaced at a 2:1 ratio. The preferred replacement is a tree(s) of equal size and caliper, per Section 33 - 1069 (b)(4). The minimum mitigation planting requirements for the removal of 119 mature trees (1:1 replacement ratio) and 64 protected trees (2:1 replacement ratio) is 247 trees. This number of trees can either be incorporated into the post development landscape and/or mitigated by a contribution to an in-lieu fee to the City of Escondido (Dudek 2022).

18. MM-BIO-2b Tree protection measures shall be incorporated into the project design as outlined in Appendix E of the Northeast Gateway Project Tree Inventory and Arborist Report (Dudek 2022).

These measures include tree protection measures prior to construction (fencing/signage pre - construction meeting), protection and maintenance measures during construction (avoidance, equipment operat ions/storage, storage and disposal of supplies and materials, moving of construction materials, grade changes, trenching, irrigation, canopy pruning, periodic washing of foliage, and inspection by ISA Certified Arborist), and maintenance measures after con struction (mulch application, pruning, watering, spraying and monitoring).

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19. MM-BIO-3a Prior to issuance of grading permits, the following shall be identified on the grading plan: A qualified biologist shall determine if any active avian nests occur on or in the immediate vicinity of the project site if construction is set to commence or continue into the breeding season of raptors, coastal California gnatcatcher, southern rufous-crowned sparrow, and/or general avian species covered under the Migratory Bird Treaty Act (January 1 to September 1). If active nests of any of these sensitive bird species, raptors, or other general avian species are found, the appropriate buffer setback for the particular species nesting (200 feet for general avian species and 500 feet for special status species and raptors) shall be established and the area within this buffer setback shall not be disturbed until after September 1 or until the nest becomes inactive.

If project construction cannot avoid the breeding season of Janua ry 1 through September 1, a qualified biologist shall survey potential nesting vegetation (e.g., trees, shrubs, open areas) within the project site for nesting birds prior to commencing any project activity. Surveys shall be conducted at the appropriate ti me of day, no more than seven days prior to vegetation removal or disturbance. Documentation of surveys and findings shall be submitted to the City for review and concurrence prior to conducting any project activities. If no nesting birds are observed and concurrence was received, project activities may begin. If an active bird nest is located, the nest site shall be demarcated a minimum of 200 feet (500 feet for special status species and raptors) in all directions on -site, and this area shall not be distu rbed until after September 1 or until the nest becomes inactive. If threatened or endangered species are observed within 500 feet of the work area, no work shall occur during the breading season (January 1 through September 1) to avoid direct or indirect (noise) take of listed species.

20. MM-BIO-3b Lighting for the project where adjacent to the FPA shall be shielded and/or directed away from the FPA open space area. Understanding that some species rely on darkness for shelter, feeding patterns, migrating, the areas adjacent to the FPA would be especially sensitive to light exposure in order to retain native characteristics. Placement and use of lighting associated with the project shall be designed to be shielded and directed downward to minimize light pollution of adjacent FPA lands and accommodate the habits of nocturnal species that prefer to move and forage in darkness.

21. MM-BIO-3c Per the MHCP and City’s Draft Subarea Plan, new residential development located adjacent to an FPA must incorporate Zone 1 area s on the development pad and brush management zone 2 areas outside the limits of the FPA (SANDAG 2003; City of Escondido 2001).

22. MM-BIO-3d No invasive non-native plant species shall be introduced into areas adjacent to the FPA. The planting palette depicted on the landscape plans for the slopes and landscaped areas adjacent to the FPA shall not include any invasive or non-native plant species.

23. MM-BIO-3e All new developed areas adjacent to the FPA must not drain directly into the FPA.

All developed and paved areas must prevent the release of toxins, chemicals, petroleum products, exotic plant materials and other elements that might degrade or harm the natural environment or ecosystem processes within the FPA. This can be accomplished using a variety of metho ds including natural detention basins, grass swales, or mechanical trapping devices. These systems should be maintained regularly to ensure proper functioning. Maintenance should include dredging out sediments if needed, removing exotic plant materials, an d adding chemical - neutralizing compounds (e.g., clay compounds) when necessary and appropriate.

Resolution No. 2023-20
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24. MM-BIO-3f New development adjacent to the FPA is required to provide appropriate barriers (e.g., non -invasive vegetation, rocks/boulders, fences, walls, and/or signage) along the FPA boundaries to direct any public access to appropriate locations and reduce domestic animal predation.

25. No temporary storage or stockpiling of constructio n materials will be allowed within dedicated natural open space/conservation areas, and all staging areas for equipment and materials will be located as far from open space as possible. Staging areas and construction sites will be kept free of trash, refuse and other waste. (FEIR Mitigation Measure)

26. Prior to commencement of clearing or grading activities, a biological monitor will flag the boundaries of the natural open space/conservation area and staking will be installed to prevent construction-related disturbance from occurring outside the limits of the impact area. An approved biological monitor will conduct a pre -construction meeting with the construction crew prior to ground-disturbing activities to inform members of the crew importance and sensitivity of the open space and sensitive species. The biological monitor will approve the flagging and staking prior to clearing and will be present during the clearing and grubbing of the vegetation . (FEIR Mitigation Measure)

27. Temporary fencing will be installed in all locations where construction activities will be minimized by the inclusion of permanent fences along the backyards of residential lots adjacent to natural open space. No gates allowing access to natural open space from backyards will be allowed and fencing will prevent domestic pets from entering open space to the maximum extent practicable.

Barriers along the preserve boundary will direct public access to appropriate entrance locations. (Mitigation Measure from FEIR)

28. During grading and construction adjacent to dedicated open space, a biological monitor will monitor adjacent habitat for excessive accumulation of dust and other disturbances such as erosion. Erosion control devices will be monitoring during rain events to ensure that topsoil, dirt and other materials are not washing into open space or causing erosion in on -site drainages. If significant amounts of dust are observed to be impacting the open space, corrective measures, such as spraying with water to control dust, will be implemented. (Mitigation Measure from FEIR)

29. Temporary fencing will be installed in locations where construction activities are within 100 feet of open space. The fencing installation will occur within the impact and will not impact vegetation within open space. All fencing will remain in place until the completion of clearing, grading and construction activities. (Mitigation Measure from FEIR)

30. Permanent fencing shall be included along the backyards of residentia l lots adjacent to open space. No gates allowing access to open space from the backyards will be allowed and fencing will prevent domestic pets from entering open space to the maximum extent practicable. Barriers along the preserve boundary will direct pub lic access to appropriate entrance locations. (Mitigation Measure from FEIR)

31. The limits of brush management zones adjacent to dedicated natural open space/preserve area will be permanently marked to minimize encroachment of brush removal or alteration in the open Resolution No. 2023-20
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space. Brush management limits will be enforced in the Covenants, Codes a nd Restrictions (CC&Rs) for the Project. (Mitigation Measure from FEIR)

32. Exotic plant species that cannot be used in any landscaped areas within the project site include those species on Lists A and B of the California Exotic Pest Plant Council’s List of Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999. This list includes species such as pepper trees, pampas grass, fountain grass, ice plant, m yoporum, block locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, Scotch broom, and Spanish broom. (Mitigation Measure from FEIR)

33. MM-CR-1. Prior to the issuance of a grading permit, the Applicant shall enter into a Tribal Cultural R esource 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 o bjects, 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 sur veys and/or studies, excavations, geotechnical investigations, grading, and all other ground-disturbing activities. The agreement shall incorporate, at a minimum, the performance criteria and standards, protocols, and procedures set forth in mitigation measures MM-CR-2 through MM-CR-10, and the following information:

• Parties entering into the agreement and contact information. • Responsibilities of the Property Owner or their representative, archaeological monitors, and tribal monitors.
• Project grading and development scheduling, including determination of authority to adjust in the event of unexpected discovery, and terms of compensation for the monitors, including overtime and weekend rates, in addition to mileage reimbursement. • Requirements in the event o f unanticipated discoveries, which shall address grading and grubbing requirements including controlled grading and controlled vegetation removal in areas of cultural sensitivity, analysis of identified cultural materials, and on -site storage of cultural materials.
• Treatment of identified Native American cultural materials. • Treatment of Native American human remains and associated grave goods. • Confidentiality of cultural information including location and data. • Negotiation of disagreements should they arise.
• Regulations that apply to cultural resources that have been identified or may be identified during project construction.

34. MM-CR-2. Prior to issuance of a grading permit, the Applicant shall provide written verification to the City that a qualified archaeologist and a Native American monitor associated with a TCA Tribe have been retained to implement the monitoring program. The archaeo logist shall be responsible for coordinating with the Native American monitor. This verification shall be presented to the City in a letter from the Project archaeologist that confirms the selected Native American Resolution No. 2023-20
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monitor is associated with a TCA Tribe. Th e City, prior to any pre -construction meeting, shall approve all persons involved in the monitoring program.

35. MM-CR-3. The qualified archaeologist and a Native American monitor shall attend all applicable pre -construction meetings with the General Contract or and/or associated subcontractors to explain and coordinate the requirements of the monitoring program.

36. MM-CR-4. During the initial grubbing, site grading, excavation or disturbance of the ground surface (including both on- and off-site improvement areas), the qualified archaeologist and the Native American monitor shall be present full -time. If the full -time monitoring reveals that the topsoil throughout the Project impact area (both on and off -site) has been previously removed during the development of the roads and buildings within the Project area, then a decrease of monitoring to part -time monitoring or the termination of monitoring can be implemented, as deemed appropriate by the qualified archaeologist in consultation with the Native American monitor. The frequency of subsequent monitoring shall depend on the rate of excavation, the materials excavated, and any discoveries of tribal cultural resources as defined in California Public Resources Code Section 21074. The qualified archaeologist, in consu ltation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring considering these factors. Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits (i.e., soil conditions are comprised solely of fill or granitic bedrock).

37. MM-CR-5. In the event that previously unidentified tribal cultural resources are discovered, all work must halt within a 100-foot radius of the discovery. The qualified archaeologist and the Native American monitor shall evaluate the significance of the find and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The qualified archaeologist and Native American Monitor shall consider the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c) in determining the significance of a discovered resource. If the professional archaeologist and Native American monitor determine that the find does not represent a culturally significant resource, work may resume immediately, and no agency notifications are required. Isolates and clearly non - significant deposits shall be documented in the field and collected and monitored grading can immediately proceed. All unearthed archaeological resources or tribal cultural resources shall be collected, temporarily stored in a secure location, and repatriated for later reburial on the project site, pursuant to the terms of the Pre-Excavation Agreement.

38. MM-CR-6. If the qualified archaeologist and Native American monitor determine that the find does represent a potentially significant tribal cultural resource, considering th e criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c), the archaeologist shall immediately notify the City of said discovery. The qualified archaeologist, in consultation with the City, the consulting TCA Tribe(s), and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the tribal cultural resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the TCA Tribe(s) and be submitted to the City for review and approval. If the find is determined to be a Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) though (c), appropriate treatment measures will be implemented. Work may not resume within the no -work radius until the City, Resolution No. 2023-20
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through consultation as set forth herein, determines either that: 1) the discovery does not constitute a Tribal Cultural Resource under CEQA, as defined i n California Public Resources Code Section 21074(a) through (c); or 2) the approved treatment and disposition measures have been completed.

39. MM-CR-7. All sacred sites, significant tribal cultural resources, and unique archaeological resources encountered within the Project area shall be avoided and preserved as the preferred mitigation. The avoidance and preservation of the significant tribal cultural resource or unique archaeological resource must first be considered and evaluated in consultation with the TCA Tribe(s) as required by CEQA and in compliance with all relevant mitigation measures for the Project. If any significant tribal cultural resource or unique archaeological resource has been discovered and such avoidance or preservation measure has been deemed to be infeasible by the City’s Director of Development Services (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 li sted in California Public Resources Code sections 21061.1, 21081(a)(3), and CEQA Guidelines section 15091, and in accordance with all relevant mitigation measures for the Project), then culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a research design and data recovery program to mitigate impacts shall be prepared by the qualified archaeologist (using professional archaeological methods), in consultation with the TCA Tribe and the Native American monitor, and shall be subject to approval by the City. No artifact sampling for analysis is allowed, unless requested and approved by the consulting TCA Tribe(s).

Before construction activities are allowed to resume in the affected area, the research design and data recovery program activities must be concluded to the satisfaction of the City.

40. MM-CR-8. As specified by California Health and Safety Code section 7050.5, if human remains are found on th e Project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office. Determination of whether the remains are h uman shall be conducted on site and in situ where they were discovered by a forensic anthropologist, unless the forensic anthropologist and the Native American monitor agree to remove the remains to a temporary off-site location for examination. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition. A temporary construction exclusion zone shall be establis hed surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the project (California Public Resources Code § 5097.98) for proper treatment and disposition in accordance with California Public Resources Code section 5097.98. The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the City does not agree with the recommendations of the MLD, the NAHC can mediate (California Public Reso urces 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 Resolution No. 2023-20
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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.

41. MM-CR-9. If the qualified archaeologist elects to collect any tribal cultural resources, the Native American monitor must be present during any cataloging of those resources. Moreover, if the qualified archaeologist does not collect the cultural resources that are unearthed during the ground-disturbing activities, the Native American monitor may, at their discretion, collect said resources for later reburial on the Project site or storage at a local curation facility. Any tribal cultural resources collected by the qualified archaeologist shall be repatriated to the TCA Tribe for reburial on the Project site. Should the TCA Tribe(s) decline the collection, the collection shall be curated at the San Diego Archaeological Center. All other resources determined by the qualified archaeologist, in consultation with the Native American monitor, to not be tribal cultural resources, shall be curated at the San Diego Archaeological Center.

42. MM-CR-10. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, that describes the results, analysis, and conclusions of the archaeological monitoring program and any data recovery program on the Project site, shall be submitted by the qualified archaeologist to the City. The Native American monitor shall be responsible for providing any notes or comments to the qualified archaeologist in a timely manner to be submitted with the report. The report will include California Department of Parks and Recreation Primary and Archaeological Site Forms for any newly discovered resources. A copy of the final report will be submitted to the South Coastal Information Center after approval by the City.

43. MM-CR-11. Preservation of Milling Feature 5. The relocation of the feature will be agreed upon by the City and the Rincon Band in consultation with the applicant. All efforts should be made to preserve the outcrop as one piece. If the boulder is too large to move in one piece, a concerted effort shall be made to preserve as many milling elements as possible.

44. As a condition of project approval, the project developer shall ensure that all future property owners and residents within the mapped dam inundation area receive written notice to this effect. (Mitigation Measure from FEIR)

45. As a condition of project approval, the project developer shall provide written notice to each future homeowner/resident of an approved evacuation route to be utilized in the unlikely event of a dam failure. (Mitigation Measure from FEIR)

46. Prior to any approval for development within the Northeast Gateway SPA, including the proposed Eureka Ranch TM site, the City of Escondido shall provide assurance that the structural integrity of the Lake Wohlford Dam meets the standards established by the Division of Safety of Dams (DOSD). (Mitigation Measure from FEIR)

47. Prior to any grading or disturbance of areas previous supporting agricultural activities, the project proponent shall properly dispose of all construction debris noted in the Phase 1 ESA. The ground surface shall be inspected following remove of trash to verify that hazardous substances in the trash pile(s) have not impacted soil. Documentation shal l be provided by the City of Escondido Resolution No. 2023-20
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verifying the inspection results and any additional soil testing for potential contamination (e.g., pesticides). (Mitigation Measure from FEIR)

48. Prior to any grading or disturbance of the site, the contents of all 55 -gallon unmarked drums, located in the southwest corner of the fertilizer barn should be verified to confirm that chemicals or hazardous waste are not contained within. Upon verification, the containers shall be removed and properly dispose of. Documentatio n shall be provided to the City of Escondido verifying proper removal and disposal. (Mitigation Measure from FEIR)

49. Prior to any grading or disturbance of the site, the project proponent shall submit documentation to the City of Escondido showing that the contents of all above ground storage tanks (ASTs) and smudge pots have been empties of gasoline and diesel #2 and that fuel properly disposed of and ASTs cleaned. Following removal of all ASTs and smudge pots, documentation shall also be provided to show t hat impacted soil has been properly excavated and disposed of at an offsite treatment, storage, and disposal facility by a licensed contractor and that confirmation soils samples have been taken to verify removal of all impacted soils to the extent practic able. (Mitigation Measure from FEIR)

50. To avoid or reduce exposure to organochlorine pesticide compounds from exposure through inhalation, ingestion and dermal contact, preventative measures shall be employed to control fugitive dust, vapors, erosion and an y off -site migration of pesticide contaminated soil.

Contamination is most likely to occur during grading, trenching, drilling or other construction activities for the purpose of site development. Effective dust control is usually the most important measure used to reduce public exposure to these types of contaminants. Any activity generating dust emission should immediately be stopped if excessive off -site migration of dust is detected. (Mitigation Measure from FEIR).

51. The Tentative Map submitted for cert ification shall demonstrate conformance with the Specific Plan minimum lot size and lot width requirements.

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.

G. Specific Engineering Conditions of Approval:

GENERAL

1. Prior to recordation of the Final Map, the applicant shall provide the City Engineer with a Subdivision Guarantee and Title Report covering subject property.

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

Resolution No. 2023-20
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3. Improvement plans prepared by a Civil Engineer, required for all public street, utility, and storm drain improvements, and Grading/Private Improvement plans prepared by Civil Engineer, required for all grading, private storm drain infrastructure, drainage and private onsite improvement design, shall be submitted for review through the City’s virtual plan review portal as a single package containing all items on the Engineering Initial Submittal Checklists. Landscaping Plans shall be prepared by a Landscape Architect and submitted digitally with the second plan check of the Grading Plans.

4. As surety for the construction of required off -site and/or on -site improvements, bonds and agreements in a form acceptable to the City Attorney shall be posted by the developer with the City of Escondido prior to the approval of th e Final Map and Grading Plan. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Grading and Improvements Cost prepared by the project engineer. The Developer is required to provide a Cash Clean Up deposit for all grading, landscaping, private Improvements and onsite drainage improvements prior to approval of Grading Plans and 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 with a maximum of $50,000.00 unless a higher amount is deemed necessary by the City Engineer. The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10 % of total public improvement cost estimate) bonds for all public improvements prior to approval of the Improvement Plans and issuance of Building Permits.

All improvements shall be completed prior to issuance of a Certificate of Occupancy.

5. The developer shall be responsible for acquiring all adequate off -site land, easements or rights-of- way in order to construct required improvements.

6. No Building Permits except for approved Model homes shall be issued for any construction within this Subdivision until the Final Subdivision Map is recorded and either:
a) All conditions of the Tentative Subdivision Map have been fulfilled: or b) Those conditions unfulfilled at the time o f an application for Building Permits shall be secured and agreements executed in a form and manner satisfactory to the City Attorney and City Engineer.

7. If site conditions change adjacent to the proposed development prior to completion of the project, the developer will be responsible to modify his/her improvements to accommodate these changes.

The determination and extent of the modification shall be to the satisfaction of the City Engineer.

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

9. The Developer’s engineer shall submit to the Planning Division a copy of the Tentative Subdivision Map as presented to the Planning Commission and the City Council. The Tentative Subdivision Map will be signed by the Planning Division verifying that it is an accurate reproduction of the approved Tentative Subdivision Map and must be included in the first submittal for plan check to the Engineering Department.

Resolution No. 2023-20
Exhibit "D"