Agenda packet — Escondido City Council, December 6, 2023 (part 2 of 4)

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2 AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the substantial public benefits to be derived therefrom, the Parties hereby mutually agree as follows:

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

2. Applicability of Government Code and Revenue and Taxation Code. This Agreement is made pursuant to the Mills Act and California Revenue and Taxation Code sections 439 to 439.4 and is subject to all of the provisions of these statutes.

3. Preservation/Rehabilitation and Maintenance of Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:
a. The Owners agree to preserve/rehabilitate and maintain the cultural, historical, and architectural characteristics of the Property during the term of this Agreement as set forth in the Schedule of Improvements identified in Exhibit B to this Agreement, attached hereto and incorporated herein by this reference (“Schedule of Improvements”). b. The Owners shall maintain all buildings, structures, yards, and other improvements in a manner that does not detract from the appearance of the immediate neighborhood.

Prohibited property conditions include, but are not limited to, all of the following:
(i.) dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls, and windows;
(ii.) scrap lumber, junk, trash, or debris;
(iii.) abandoned, discarded, or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; (iv.) stagnant water or excavations, including swimming pools or spas; and (v.) any device, decoration, design, structure, or vegetation that a reasonable person would determine to be unsightly by reason of its height, condition, or location. c. All improvements and work performed on the Property shall meet, at a minimum, the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior’s Standards for Rehabilitation, the California State Historical Building Code, and the applicable City laws and regulations pertaining to development.
d. If the City institutes a code enforcement action pertaining to the Property, the City may request, and the Owners shall submit within 30 days of such request, documentation of expenditures incurred and work performed by the Owners within the previous 24 months to accomplish items from the Schedule of Improvements. If the Owners perform work on the Property, rather than contracting with a third party, the value of the Owner’s labor shall be calculated at the market rate for such work performed. The Owners shall be in substantial compliance with the Resolution No. 2023-167
Exhibit "A"

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3 Schedule of Improvements when the expenditures incurred and work performed to accomplish the improvements are equal to or greater than the Owner’s annual property tax savings for the previous 24 months, as determined by the City, based upon the County Tax Assessor’s valuation of the Property using the process set forth in California Revenue and Taxation Code sections 439 to 439.4. e. The Owners shall, within 30 days after written notice from the City, furnish the City with any information the City shall require to enable the City to determine (i) the Property’s present state, (ii) the Property’s continued eligibility as a Qualified Historical Property, and (iii) whether the Owners are in compliance with this Agreement. __________ OWNER’S INITIALS

4. Inspections. The Owners agree to permit periodic examinations and inspections of the interior and exterior of the Property by the City, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, as may be necessary to determine the Owner’s compliance with this Agreement. After five years, and every five years thereafter, the City shall inspect the Property, including the interior and exterior of the premises, to determine the Owner’s continued compliance with this Agreement.
__________ OWNER’S INITIALS

5. Term. This Agreement shall be effective and shall commence on January 1 of the year following the successful recordation of this Agreement by the San Diego County Recorder’s Office and shall remain in effect for a period of 10 years thereafter.

6. Renewal.

6.1. Automatic Renewal. On the 10th anniversary of this Agreement and on each successive anniversary date (“Renewal Date”), a period of one year shall automatically be added to the initial term of this Agreement unless a Party gives a notice of nonrenewal as provided in this Agreement.

6.2 Notice of Nonrenewal. If, in any year, a Party desires not to renew this Agreement, such Party shall serve a written notice of nonrenewal on the other Party. If the Owners elect to serve a notice of nonrenewal, the notice must be served on the City at least 90 days prior to the Renewal Date, or else a period of one additional year shall automatically be added to the term of this Agreement. Conversely, if the City elects to serve a notice of nonrenewal, the notice must be served on the Owners at least 60 days prior to the Renewal Date, or else a period of one additional year shall automatically be added to the term of this Agreement. The City may issue a notice of nonrenewal if the City determines improvements, maintenance, rehabilitation, renovation, or restoration of the Property is required for the Property’s continued eligibility as a Qualified Historical Property. Upon receipt by the Owners of a notice of nonrenewal from the City, the Owners may make a written protest of such nonrenewal. The City may, at any time prior to the Renewal Date, withdraw its notice of nonrenewal.

6.3 Effect of Notice of Nonrenewal. If, in any year, either Party serves a notice of nonrenewal as provided in this Agreement, this Agreement shall remain in effect for (i) the balance of the period remaining under the initial term of this Agreement, or (ii) the balance of the period remaining since the last renewal of this Agreement, as the case may be.

Resolution No. 2023-167
Exhibit "A"

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4 7. Cancellation.

7.1 The City may cancel this Agreement if the City determines that the Owners (i) have breached any term, condition, or covenant of this Agreement; (ii) has allowed the Property to deteriorate to the point that the Property no longer meets the standards of a Qualified Historical Property; or (iii) has failed to restore or rehabilitate the Property in the manner required by this Agreement.
__________ OWNER’S INITIALS

7.2 Notice of Cancellation. This Agreement cannot be cancelled until after the City has given notice and has held a public hearing as required by California Government Code section 50285.

7.3 Cancellation Fee. If the City cancels this Agreement pursuant to the terms of this Agreement, the Owners shall pay those cancellation fees set forth in the Mills Act. Upon cancellation, the Owners shall pay a cancellation fee of 12.5% of the then-current fair market value of the Property, which is to be determined by the County Assessor as though the Property were free and clear of any of the restrictions pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at the time and in the manner that the County Auditor shall prescribe and shall be allocated by the County Auditor to each jurisdiction in the tax rate area in which the Property is located in the same manner as the County Auditor allocates the annual tax increment in that tax area for that fiscal year.
__________ OWNER’S INITIALS

8. No Compensation. The Owners shall not receive any payment from the City in consideration for the obligations imposed under this Agreement. The Parties recognize and agree that the consideration for the execution of this Agreement is the substantial public benefits to be derived therefrom and the advantage that will accrue to the Owners as a result of the assessed value of the Property because of the restrictions that this Agreement imposes on the use and preservation of the Property.

9. Enforcement.

9.1 As an alternative to cancellation of the Agreement, the City may, in its sole discretion, specifically enforce or enjoin the Owner’s breach of the terms of this Agreement, including but not limited to bringing an action to enforce this Agreement by specific performance or injunction. In the event of such breach, the City shall give written notice to the Owners notifying the Owners of the violation (“Notice of Violation”). If such breach is not corrected to the reasonable satisfaction of the City within 30 calendar days after the date of the Notice of Violation, or within such other reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within 30 calendar days and thereafter diligently pursued to completion), the City may, without further notice, declare the Owners to be in breach of the terms of this Agreement, and may bring any action necessary to specially enforce the obligations of the Owners under the terms of this Agreement or apply for such other relief as authorized under local, state, or federal law.

Resolution No. 2023-167
Exhibit "A"

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5 9.2 Remedy if Agreement Not an Enforceable Restriction. In the event it is finally determined by a court of competent jurisdiction that this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, for any tax year during the life of this Agreement, then this Agreement shall be null and void and without further effect, and the Property shall from that time forward be free from any restriction whatsoever under this Agreement without any payment or further act by the Parties.

10. Indemnification. The Owners (including Owner’s agents, employees, contractors, and subcontractors, if any) shall hold harmless, defend (with counsel reasonably acceptable to the City), and indemnify the City, its boards, commissions, departments, officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), and any attorney’s, consultant, or expert fees and City staff costs for investigating or responding to any Claims, incurred in connection with or arising in whole or in part from this Agreement, the use or occupancy of the Property by the Owners (including Owner’s agents, employees, invitees, contractors, and subcontractors, if any), the condition of the Property, or any construction or other work undertaken on the Property, including without limitation (i) any death or bodily injury to a person; (ii) any injury to, loss, or theft of tangible or intangible property, including economic loss; or (iii) any other loss, damage, or expense sustained by the Owners in connection with any work or obligations performed in connection with this Agreement, except for any liability resulting from the active negligence, sole negligence, or willful misconduct of the City. The duty to defend the City as described in this Paragraph 10 shall apply regardless of whether any Claims are groundless, fraudulent, or false. All obligations under this Paragraph 10 shall survive the termination of this Agreement. __________ OWNER’S INITIALS

11. Condemnation, Eminent Domain, Destruction of Property.

11.1 Condemnation/Eminent Domain. If condemnation proceedings are filed against the Property, or if the Property is acquired in whole or in part by eminent domain or other acquisition by an entity authorized to exercise the power of eminent domain, and such acquisition is determined by the City to frustrate the purpose of this Agreement, this Agreement shall be cancelled and shall be deemed null and void for all purposes of determining the value of the Property, or part of the Property, that is acquired. However, if any such condemnation proceeding is subsequently abandoned or the acquisition of the Property rescinded, this Agreement shall be reactivated retroactively and shall be in full force and effect without the need for any further act by the Parties.

11.2 Destruction of Property. If the Property is destroyed by fire or other natural disaster such that, in the opinion of the City, the historic value of the structure has been lost and a majority of the structure must be replaced, this Agreement shall be cancelled.

11.3 No Cancellation Fee. If the Agreement is cancelled for any reason articulated in Paragraphs 11.1 or 11.2 of this Agreement, no cancellation fee as otherwise required by this Resolution No. 2023-167
Exhibit "A"

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6 Agreement and the Mills Act shall be imposed.

12. Miscellaneous.

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

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

12.3 Amendment. This Agreement may not be amended except in a writing signed by all of the Parties hereto, and then only in the specific instance and for the specific purpose given.

Any such amendment shall be recorded with the Office of the County Recorder for the County of San Diego.

12.4 Independent Investigation. The Parties acknowledge that they have conducted an independent investigation of the facts concerning the subject matter of this Agreement. The Parties agree that the factual recitals are correct and expressly assume the risk that the true facts concerning the foregoing may differ from those currently understood by them.

12.5 Advice of Counsel. The Parties hereby acknowledge that they have executed this Agreement after having the opportunity to consult with, and receive the advice of, their own counsel.

12.6 Capacity. Each individual signing this Agreement represents and warrants that he or she has been authorized to do so by proper action of the Party on whose behalf he or she has signed.

12.7 Headings. Section headings are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.

12.8 Attorney’s Fees. In any action to enforce the terms of this Agreement, the Parties agree that the prevailing party shall be entitled to its reasonable attorney’s fees and all costs, fees, and expenses, including the fees of expert witnesses and consultants, whether or not such costs, fees, and expenses are recoverable or allowed as costs under section 1033.5 of the California Code of Civil Procedure. In addition to the foregoing award of attorney’s fees and costs, the prevailing party shall be entitled to its attorney’s fees and costs incurred in any post-judgment proceedings to collect or enforce any judgment. This provision is separate and shall survive the merger of this provision into any judgment on this Agreement.

12.9 Counterparts. This Agreement may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document.

Resolution No. 2023-167
Exhibit "A"

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7 12.10 Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

12.11 Notice. All notices, demands, approvals, or consents provided for in this Agreement shall be in writing and delivered to the appropriate Party at its address as follows:

If to the City:

City Clerk
City of Escondido
201 North Broadway
Escondido, CA 92025
If to the Owner:

Edward T. Chambers and Julia D. Chambers
730 S. Broadway
Escondido, CA 92025
Any notice, delivery, or other communication shall be effective and shall be deemed to be received by the other Party within five business days after the notice has been deposited in the U.S. Mail, duly registered or certified, with postage prepaid, and addressed as set forth above. Any Party may change the address information provided above by giving written notice to the other Party in the manner provided in this Agreement.

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

12.13 Sale of Property. The Owners shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein. If the Property is sold, the Owners shall provide notice to the City of the sale and provide the City with a signed statement from the new owner indicating that a copy of this Agreement, all exhibits to this Agreement, and all amendments to this Agreement, if any, were provided to the new owner.

12.14 Notice to Office of Historic Preservation. The Owners or an agent of the Owners shall provide written notice of this Agreement to the Office of Historic Preservation within six months of entering into this Agreement. A copy of this notice shall also be provided to the City.

Resolution No. 2023-167
Exhibit "A"

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

CITY OF ESCONDIDO
Date: By
Dane White, Mayor
[OWNERS]
Date: By
Edward T. Chambers, Husband
Date: By
Julia D. Chambers, Wife
(ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES FOLLOW) APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney
Resolution No. 2023-167
Exhibit "A"

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

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

WITNESS my hand and official seal.

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

Resolution No. 2023-167
Exhibit "A"

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

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

WITNESS my hand and official seal.

Resolution No. 2023-167
Exhibit "A"

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11 Exhibit “A”
Legal Description of Property
Resolution No. 2023-167
Exhibit "A"

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12 Exhibit “B”
Schedule of Improvements

1. Replace rotting beams in front of the house above the garage

2. Replace warping window frames on the house

3. Paint the exterior of the house

4. Replace damaged window glass panes on lever windows

5. Replace cracked skylights (2) and framing

6. Repair roof areas that leak and around skylights

7. Repair and paint decorative gates attached to house

8. Repair and paint rotting eaves

9. Design and install decorative and stylistically appropriate screens for the newly upgraded electrical panels

10. Install new exterior lighting that enhances the safety and appearance of the Thurlow house Resolution No. 2023-167
Exhibit "A"

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STAFF REPORT
November 16, 2023
Agenda Item No.: 3
REQUEST: PL23-0397 - A request to list the single-family residence at 730 S. Broadway on the City of Escondido’s Local Register of Historic Places, and execution of a Mills Act Contract to assist the owners with future preservation.

PRESENTER: Alex Rangel, Assistant Planner I
ZONING/LOCATION: R-1-6 (Single Family Residential)/ 730 S. Broadway (APN: 233-390-14-00) APPLICANTS: Julia Chambers & Edward Chambers

BACKGROUND
Local Register of Historic Places Listing:

Article 40, Section 33-794 of the Escondido Zoning Code (“EZC”) identifies the process and criteria for listing historic resources on the City of Escondido’s Local Register. An application to list a property on the Local Register requires the Historic Preservation Commission to hold a public meeting to act on the request. City staff evaluate listing requests against the first seven criteria as outlined in Section 33-794(c) of the EZC. A listing request must meet at least two of the criteria to qualify for such listing.

Mills Act Contract and Property Application:

The Mills Act is a state law enabling owners of designated historic properties to enter into a preservation contract with their local legislative body and receive a substantial reduction in their property taxes. A property owner may apply for a Mills Act contract if their subject property is listed on the Local, State, or National Historic Register.

The applicant requests the single-family residence located at 730 S. Broadway, more commonly referred to as the “Thurlow House”, be placed on the City’s Local Register of Historic Places, and enter into a Mills Act agreement. Application materials for this request are provided under Attachment 1 of this report.

The applicant has also provided a Historic Resource Evaluation conducted by BSFA Environmental Services, provided under Attachment 2 of this report.

The project site located at 730 S. Broadway (APN 233-390-14-00) is an approximately 10,000 square foot (“SF”) lot within the boundaries of the Old Escondido Neighborhood. The project site contains a 2,364 SF single-family residence constructed in the “Contemporary” architectural style, originally built by H.P.

Wood Sr. and Monnie M. Wood in 1953. The original residence was developed as a 2-story home with a single car garage underneath the primary residence, and a 288 SF detached garage in the rear of the 34 Item 3.

ATTACHMENT 1
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property. In 1955, a 260 SF “all-purpose” room addition was constructed on top of the garage, with interior remodeling in 1992. No further significant improvements have been made to the primary structure, nor additions to the property.

The Escondido Historic Society lists the property on Old Escondido West’s Walking Tour, item no. 11, as an example of a classic, mid-century home. In 2009, the Old Escondido Neighborhood’s Mother’s Day Home Tour showcased the “Thurlow House.”

ANALYSIS
Historic Research and Review:

The applicant conducted historic research and data collection to support the criteria outlined in Section 33-794(c) of the EZC. The California Department of Parks and Recreation (“DPR”) form provided under Attachment 2 details the results of the research and data collection. The DPR form includes historic background on the residence and property, provides descriptive information of the architectural style, and details interior and exterior historical aspects of the residence. Based on the information provided within the DPR and its preparation by a historic preservation professional, the DPR form substantiates the residence meeting the minimum listing criteria. Additionally, staff conducted a review of available planning, building, and construction records from the City of Escondido and San Diego County Assessor/Recorder/Clerk which are provided under Attachments 2 and 3.

Local Register of Historic Places Listing:

The current owners, Julia Chambers and Edward Chambers, request the property be placed on the City’s Local Register of Historic Places. Structural resources proposed for the local register shall be evaluated against criteria one through seven of Section 33-794(c) of the EZC, and must meet at least two of the criteria. Planning staff reviewed the provided research and documentation for the property, and conclude the property meets three of the seven required criteria to be placed on the Local Register, per Section 33-794(c) of the EZC, as discussed below:

Criteria 2. Escondido building or buildings that embody distinguishing characteristics of an architectural type, specimen, or are representative of a recognized architect’s work and are not substantially altered.

The residence is a notable example of a principal subtype of “Contemporary” architecture identified within the BSFA Historic Resource Evaluation Report, and within “A Field Guide to American Houses,” meeting several criteria listed for this specific architectural style. The property features a low-pitched roof, wide overhanging eaves, windows on gable ends, natural construction materials, a recessed entry door, and asymmetrical façade. As discussed in the BFSA report, the structure embodies six of the seven character-defining features associated with the “Contemporary” architectural style. Photographs of the residence and project site are provided within Attachment 2. 35 Item 3.
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Criteria 5. Escondido historical resources that are fifty years old or have achieved historical significance within the past fifty years.

Building permit records (Attachment 3) show the structure was originally constructed in 1953, making it 70 years old.

Criteria 6. Escondido historical resources that are an important key focal point in the visual quality or character of a neighborhood, street, area, or district.

The Escondido History Center, in conjunction with the Old Escondido Neighborhood District, assert the home as architecturally significant within the Old Escondido Neighborhood. The Old Escondido West’s Walking Tour of notable homes showcases the residence. The Old Escondido Mother’s Day Tour showcased the residence in their 2009 tour.

Mills Act Contract:

A Mills Act contract is valid for a minimum of ten years, and is automatically renewed each year unless a notice of non-renewal is filed by the property owner. The terms of the contract require the property owner commit to maintaining the structure and surrounding property, as detailed in the Mills Act contract and its improvements schedule provided under Attachment 4. The contract requires the property owner to adhere to the Secretary of the Interior’s Standards for the listed improvements. City staff informed the property owner/applicant that all of the proposed modifications outlined in the Mills Act contract will require staff review at the time of the proposed improvement, to ensure compliance with the Mills Act agreement and the City’s Historic Preservation requirements.

RECOMMENDATION: Staff recommends that the Historic Preservation Commission approve the listing of the property located at 730 S. Broadway on the City’s Local Register of Historic Places and recommend to City Council approval of a Mills Act contract for the property.

ATTACHMENTS:

1. Local Register, Mills Act Applications

2. BFSA Historic Resource Evaluation Report

3. City of Escondido Building Records

4. Draft Mills Act Agreement
36 Item 3.
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Old Escondido West
Walking Tour
This 1.5-mile, 1-hour tour begins and ends
on the northwest corner of Broadway and
5th. The homes along the way are privately
owned; please respect the privacy of the
residents and refrain from stepping onto
private property unless invited. Photography
is allowed from public spaces, but please
ask permission before photographing
people on private property. There are no
public restrooms or drinking fountains on
the route.

This map is based on the OE East
Walking Tour found on the free
Explore Escondido app that can
be downloaded onto your mobile phone or
tablet. It provides additional, easily
accessed information and photos related to
each location, and alerts you when you have
reached a site.

Introduction
Escondido began as an agricultural
community and the homes you will see on
this tour range from somewhat large and
ornate to small and modest; however, all
were comfortable residences that housed
Escondido's first families; doctors, bankers,
homemakers, shop owners, barbers, and
blacksmiths.

As in many towns around the country, the
old area began to show its age in the
second half of the 20th century. When a
small group of determined homeowners and
historic preservationists got together, they
were able to have the area designated as
the City's first Historic District in 1992. Since
then, one by one, homes have been carefully
re-stored and now show great strides in
pride of ownership.

1. 5th and Broadway, Central School
Built in 1942, it is the oldest school still
standing in Escondido.

Proceed south to 6th

2. 102 W. 6th Ave., Carmichael
House A Craftsman-style bungalow, built in
1923. Charles & Mina Carmichael owned a
furniture store on Grand in the early 1900s.

Cross 6th

3. 105 W. 6th Ave., Churchill House
Craftsman-style single-story bungalow, built
in 1923 for Arthur and Mary Churchill.

Second story added and modified to
Colonial Revival style in the 1950s.

Cross Broadway

4. 103 E. 6th Ave., Hays House was
built in 1922 by Hiram C. and Sarah Hays. It
was designed to accommodate the owners'
son, Joseph, who was restricted to a
wheelchair.

5. 115 E. 6th Ave, Chubbic House
California Bungalow, built circa 1922 by
Benjamin and Ella Chubbic and moved into
its current location from 4th Ave. in May of
2006.

Continue east along 6th

6. 161 E. 6th Ave., Kemper House
Craftsman-style bungalow built in 1916 by
Francis M. Kemper, a retired Methodist
minister who went into the building and real
estate business, building many homes in
Escondido.

Turn right onto Kalmia and head toward 7th

7. 637 S. Kalmia St., Original horse
rings can still be found in curbs in the
historic area. The rings along Kalmia
secured horses ridden by parishioners
attending St. Mary's Catholic Church, which
was located on the slope across 7th
Avenue. The attractive Craftsman-style
house was built in 1910.

Cross 7th and head west
5th Ave.
6th Ave.
7th Ave.
8th Ave.
9th Ave.
10th Ave.

Juniper St.

Maple St.

Broadway
Kalmia St.

Broadway
11th Ave.

Omar
Khayyam
Central
School 1
2 3 4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 N
Grand Ave.

Downtown
Escondido Blvd.
4th Ave.

8. 115 E. 7th Ave., Beers House
Craftsman style, built in 1911 for Herbert W.

Beers, president of the Escondido Hardware
Company and one term member of the City
Board of Trustees.

Head west to the corner of 7th and
Broadway

9. 710 S. Broadway, Hick House Twostory Italianate style Victorian was built in 1887 by R.S. and Emeline Hick. Mr. Hick
was a former newspaper editor and attorney
who also served as a Senator in Kansas
1885 - 1886.

Cross Broadway and head west on 7th

10. 109 W. 7th Ave., Escher House
Italianate style Victorian built by Leo and
Caroline Escher in 1896. Mr. Escher was a
barber, who owned a barbershop on Grand.

Return to Broadway to climb the hill or, if the
hill on Broadway is too steep, continue along
7th and pick up the tour at the Culp House,
204 W. 8th

11. 730 S. Broadway, Thurlow House
Classic mid-century home in the American
International style was built by Leavitt
Thurlow, Jr. and his wife, Peggy in 1953.

The Thurlows survived the attack on Pearl
Harbor in 1941 when Leavitt served in the
Navy there.

Continue south on Broadway, turn right on
8th

12. 128 W. 8th Ave., Marikle House
Civic leader and real estate investor, John G.

Marikle built this Colonial Revival house in
early 1907. Marikle also owned a mortuary
on Kalmia off Grand and served as a
volunteer fireman. In the 1940s, the house
was owned by Escondido’s first paid fire
chief, Karl Peterson
Walk back to Broadway, almost to the
corner
Tour continued on next page
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OE East Walking Tour,
continued

13. 103 W. 8th Ave., Howell House
Built in 1887 with Eastlake and Second
Empire details by Henry Martin Voorhees.

The house was later purchased by Zora
Howell, part of a prominent pioneering
family in 1940s.

Turn right on Broadway and continue up the
hill

14. 831 S. Broadway, Haver House
Behind the more recently installed wrought
iron gate stands the mid-century modern
house built by architect Ralph in the early
1970s for his retirement. Haver was a prolific
architect in Arizona from 1945 until the early
1980s.

Look across Broadway

15. 828 S. Broadway, Stammer
House This Colonial Revival home was
built by Carl and Adeline Stammer in 1909.

The Stammers owned a local dairy. The
house later purchased by City Council
member William Kirk in in 1946 and former
Mayor Alan Skuba in 1974.

Look back across the street

16. 101 Khayyam, Johnson House
This Mid-century Ranch-style house was
built in 1976 by local contractor Wallace S.

Johnson.

Head east and turn right onto Omar. Turn
right onto 9th Avenue and head west to the
intersection. CAREFULLY cross 9th and
proceed south on Broadway to 10th and
head west.

17. 118 E. 10th Ave., Morris Brown
House This California Bungalow was built
in the late Craftsman style in 1920. C.O.

Morris is known to have lived here in 1923 In
1934, Thelma and George F. Schniepp lived
here and George was a foreman at the
Escondido Lemon Association. After the
lemon packing house closed in 1960,
Shniepp purchased the Hi-Fi Lounge at 905
Valley Blvd.

Continue west on 10th to the second house
from the end of the block

18. 146 W. 10th Ave., Hall House This
Craftsman-style house, with Tudor-style
elements, one of the largest houses in the
Historic District, was built in 1910 for Fred
Hall, vice president of the First National
Bank, and his wife Helen. Sadly, Hall was
murdered at his ranch east of town in 1923
by a disgruntled customer who mistook him
for another employee of the bank.

Look across 5th

19. 155 W. 10th Ave., Agnew House
This Mediterranean Revival style home was
built in 1928 by 32-year-old Carl Agnew and
his wife Frieda, owners of ALA Lumber Co.

In 1977, it was purchased by 19-year-old
Michael Crews, later to become a major
developer in the Escondido area; he and his
wife Julie resided there for four years.

Proceed west to the corner and look
diagonally across the intersection

20. 203 W. 10th Ave., Peterson
House All exterior walls of this 1920s
California bungalow are composed of blocks
of Escondido granite, measuring up to 17''
thick. An early owner was Karl Peterson,
who served as Escondido's first paid Fire
Chief. Another distinguished owner was Dr.

Charles Schroeder, the father of the San
Diego Wild Animal Park (now the Safari
Park).

Turn right onto Maple St. and head north
past 9th to mid-block

21. 820 S. Maple St., Morris House
This one-level Prairie-style bungalow was
built in 1925 by contractors Charles and Ed
Morris for the father, James, who bought the
land.

Continue north on Maple, cross 8th and
stop

22. 158 W. 8th Ave., Boudinot
House This Colonial Revival home, built c.
1905, may have been built by F.E. Boudinot.

In 1924, the house was sold to Theodore S.

Higley, who owned it for only two years -
just enough time for his daughter Ruth to
meet her future husband; handsome young
Martin Luther Culp Jr., who lived across
Maple St.

Look across Maple

23. 204 W. 8th Ave., Culp House This
Queen Anne-style house was built circa
1890 by Martin Luther Culp, known as
“Luther,” from Gettysburg, Pennsylvania.

Culp also served the City of Escondido as
City Marshal from 1910 - 1916.

Head north to 7th and look across the street

24. 221 W. 7th Ave., Former
Emmanuel Faith Church One of the
largest churches in Escondido, Emmanuel
Faith Community Church built the large
sanctuary visible at mid-block in 1941. In
1973, the congregation moved to a larger
location where the church stands today, on
17th at Encino.

Head east on 7th

25. 144 W. 7th Ave., Houghton
House A Mediterranean-style bungalow.

Willard and Venus Houghton purchased this
newly built house in 1934. Willard owned
and operated a feed business at 124 S.

Broadway for many years.

Return to Maple, head north to 6th, and
head east to mid-block

26. 134 W. 6th Ave., JonesSchmeltz House Built c. 1927 by William E. Jones, caretaker for the Mutual Water
Company on land once owned by William
and Mary Schmeltz, to be later owned again
by Schmeltz family members.

Continue east to Broadway and turn left to
return to starting point at 5th and Broadway
An Explore Escondido Walking Tour Map
This map is provided by the
Escondido History Center and the
Old Escondido Historic District
for personal use only.

For more information, call 760-743-8207
or visit www.escondidohistory.org
or www.oldescondido.org
44 Item 3.
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Chain of Title for 730 S. Broadway
Year Date Grantor Grantee
Est. 1953-
1955
H.P. Wood Sr. and Monnie M. Wood L.W. Thurlow and Virginia C. Thurlow 1997 Aug 1 L.W. Thurlow and Virginia C. Thurlow Glen Vecchione 2022 March
3 Glen Vecchione Edward T Chambers and Julia D.

Chambers
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14010 Poway Road, Suite A, Poway, California 92064; Phone (858) 484-0915 September 11, 2023
Julia Chambers
730 South Broadway
Escondido, California 92025
Subject: Historic Resource Evaluation for the 730 South Broadway Project, City of Escondido, San Diego County, California (APN 233-390-14)
Dear Ms. Chambers:

BFSA Environmental Services, a Perennial Company (BFSA), has conducted a historical review of the residence located at 730 South Broadway, southeast of the intersection of East 7th Avenue and South Broadway in the city of Escondido, San Diego County, California. The property is identified as Assessor’s Parcel Number (APN) 233-390-14. On the U.S. Geological Survey (USGS) 1:24,000-scale (7.5-minute) Escondido, California topographic quadrangle map, the property is situated within Township 12 South, Range 2 West of the San Bernardino Baseline and Meridian. The purpose of the study was to determine if the single-family residence and associated detached shed/garage structure located at 730 South Broadway are eligible for designation under City of Escondido eligibility criteria. The scope of work for this historic resource assessment included:
1) An intuitive survey of the property;
2) Review of building characteristics and an integrity evaluation; and 3) Preparation of this letter report to present an opinion regarding the potential historic significance of the buildings on the property.

Field Survey
BFSA Architectural Historian Irem Oz conducted a survey of the property on September 1, 2023. Preparation of architectural descriptions was conducted in the field and supplemented using photographic documentation. Please see the attached Department of Parks and Recreation forms for a detailed description and evaluation of the residential structures.

ATTACHMENT 2
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BFSA Environmental Services, a Perennial Company — Page 2 Results of the Field Inspection
The property currently includes a 1953 Contemporary-style, single-family residence and a 1952-1953 detached shed/garage structure, which was constructed as a utilitarian building with no specific architectural design elements. The buildings are currently owned by Julia and Edward Chambers. Most neighboring properties are developed and consist of medium-density, singlefamily residences to the west, east, south, and north.

According to building permits, the Notice of Completion, and historic aerial photographs, construction of the residence located within the 730 South Broadway property was completed in 1953 and construction of the detached shed/garage structure was completed between 1952 and 1953, both by H. P. Wood Sr. and Monnie M. Wood. The buildings, therefore, meet the minimum age threshold under the California Environmental Quality Act to qualify as historic buildings.

Virginia Thurlow and Leavitt Thurlow Jr. were the first owners of the property. Since its construction, the residence has been well preserved and has only undergone an alteration on its north end with the construction of an addition and the transformation of the porch into a sunroom.

There is no indication that the detached shed/garage structure has undergone any alterations. The mentioned alteration to the residence did not impact the overall integrity of the building. Currently, the residence and the shed/garage structure retain integrity of location, design, materials, and workmanship.

The residence was evaluated as eligible for designation under CRHR Criterion 3 and City of Escondido Criterion 2 as it is a representative and significant example of the Contemporary style. The residence was constructed within the period of significance for the Contemporary style and possesses six of the seven identifying features of Contemporary-style construction with its low-pitched roof, widely overhanging eaves, windows on its gable ends, use of natural materials in its construction, recessed entry door, and asymmetrical facades. It also retains a moderate level of integrity as it retains integrity of location, design, materials, and workmanship. Furthermore, both the residence and the shed/garage structure are over 50 years old and have achieved historical status, which makes them eligible for designation under City of Escondido Criterion 5. The residence was listed as a point of interest in the 12th Annual Old Escondido Mother’s Day Home Tour document and is considered an important key focal point in the visual quality and character of a neighborhood and, therefore, is eligible for designation under City of Escondido Criterion 7.

Conclusion and Recommendations
Both the residence and the shed/garage structure possess integrity of location, design, materials, and workmanship. The residence is considered a representative example of the Contemporary style as it exhibits six out of seven character-defining features of the style.

Therefore, the residence is eligible for designation under CRHR Criterion 3 and City of Escondido Criteria 2 and 5. The residence was also listed as a point of interest in the 12th Annual Old Escondido Mother’s Day Home Tour document and is considered an important key focal point in the visual quality and character of a neighborhood and, therefore, is eligible for designation under City of Escondido Criterion 7. The shed/garage structure at 730 South Broadway was not found 54 Item 3.
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BFSA Environmental Services, a Perennial Company — Page 3 to be architecturally or historically significant under any CRHR criteria and only meets City of Escondido Criterion 5 due to its historic age.

Thank you for the opportunity to prepare this information for you. Please let me know if you have any questions.

Sincerely,
Irem Oz
Architectural Historian
IO:sk
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SUPPLEMENTAL SUBMITTAL

REQUIREMENTS FOR
730 SOUTH BROADWAY

ESCONDIDO, CALIFORNIA
APN 233-390-14
Submitted to:

City of Escondido
201 North Broadway
Escondido, California 92025
Prepared for:

Julia Chambers
730 South Broadway
Escondido, California 92025
Prepared by:

BFSA Environmental Services,
a Perennial Company
14010 Poway Road, Suite A
Poway, California 92064
September 11, 2023
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DPR 523A (1/95) *Required information
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code 5S3
Other Listings
Review Code Reviewer Date

Page 1 of 7 ends

P1. Other Identifier:
*P2. Location:  Not for Publication  Unrestricted *a. County: San Diego and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Escondido, California Date: 1996 T 12 S R 2 W; M.D. B.M. San Bernardino c. Address: 730 South Broadway City: Escondido Zip: 92025 d. UTM: Zone: mE/ mN (G.P.S.)
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) The project is located within Assessor’s Parcel Number 233-390-14 within “The Southerly 200 feet of Lot 16 in Block 191, of Escondido, in the City of Escondido, County of San Diego, State of California, according to Map thereof No. 336, filed in the Office of the County Recorder of San Diego County, July 10, 1886, Excepting Therefrom the Southerly 102.34 feet thereof.” *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) According to building permits, the Notice of Completion, and historic aerial photographs, the residence and the detached shed/garage structure located within the 730 South Broadway property were constructed in 1953 and between 1952 and 1953, respectively (Times Advocate 1952a, 1952b). Published building permit notices indicate that the construction of the detached shed/garage structure began in 1952 and was likely finished in 1953 (Times Advocate 1952a). The buildings were constructed by H. P. Wood Sr. and Monnie M. Wood. The property currently includes the residence and the detached shed/garage structure located northeast of the residence.

The property is separated from South Broadway by a bush fence. The single-story residence is constructed on a slope with a partial basement used as an attached garage. Since the building sits on a slope, the building appears to be two stories from the north and west views due to the elevation difference. The building features a rectangular plan and a low-pitched cross-gabled roof covered with composite shingles. The north end of the building, located above the basement garage, features a hipped roof. The north end of the residence was added later, in 1956, and was used as a porch. The porch was then enclosed between 1956 and 1964. The roof has overhanging eaves and enclosed soffits. The residence was constructed using standard frame construction on a concrete foundation. The walls of the main level of the residence feature wood cladding. The walls of the basement level are brick that has been painted light green.

The main (west) façade of the residence faces South Broadway. A driveway located on the north end of the property provides both car and pedestrian access to the residence. A walkway branching off towards southeast from the driveway leads to the main entrance of the residence. The main entrance of the residence is located at the center of the west façade, south of the projecting gable façade. The projecting front gable and the recessed portion of the west façade closes the area in front of the main entrance door on its north and east sides, providing a semi-enclosed entrance porch. The four-panel wood and glass main entrance door is located in the corner formed by the projecting front gable. (Continued on page 2.) *P3b. Resource Attributes: (List attributes and codes)
HP2. Single-family property
*P4. Resources Present: Building Structure Object
Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (View, date, accession #)
West façade of the residence, 2023
*P6. Date Constructed/Age and Sources:
1953/Notice of Completion (residence), 1952-1953/Building permits and historic aerial photographs (detached shed/garage structure) Historic Prehistoric Both
*P7. Owner and Address:

Julia Chambers
730 South Broadway
Escondido, California 92025
*P8. Recorded by: (Name, affiliation, and address)
Irem Oz
BFSA Environmental Services, a Perennial Company
14010 Poway Road, Suite A
Poway, California 92064
*P9. Date Recorded: 9/11/23
*P10. Survey Type: (Describe) Historic Structure Evaluation *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: NONE Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (List):

P5a. Photo or Drawing
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*Recorded by: Irem Oz *Date: 9/11/23  Continuation  Update DPR 523L (1/95) *Required information
A jalousie window is located on the south façade of the projecting front gable, facing the main entrance door. A large, horizontal wood-framed sliding window is located south of the main entrance door. This window features a metal awning above. The projecting front gable features two large, wood-framed picture windows located on either side of a tapered brick chimney. The porch that was enclosed between 1956 and 1964 is located north of the projecting front gable. This area is currently used as a sunroom. A wood-framed sliding window is located on the north façade of the projecting front gable, facing the west façade of the sunroom. The west façade of the sunroom features two wood-framed sliding window units. The basement level is visible on the portion of the residence north of the external chimney. Two wood-framed windows with wood shutters are located north of the brick chimney on the west and north façades of the projecting gable. The area below the sunroom is used as a garage and features a wood overhead garage door.

A wood and metal gate is attached to the northwest corner of the residence, providing access to the backyard. The north façade of the residence features three wood-framed picture windows on the main level. The basement level of this façade does not feature any elements. The north end of the east façade exhibits both the main and basement levels. The basement level features a wood and glass door and a wood-framed double-hung window. The main floor level exhibits the east façade of the sunroom and features a wood-framed window unit consisting of two jalousie windows on either side of a picture window, a wood and glass door providing access to the 1956-1964 sunroom, and another wood-framed window unit consisting of a jalousie window and a picture window. A small wood deck is attached in front of the door. The access to this deck is provided through the backyard. Due to the elevation difference within the property, access to the backyard is provided through a staircase attached to the east façade of the residence. The rest of the east façade of the residence features a wood-framed picture window. A wood pergola is attached to the residence on its east façade. The south façade of the residence exhibits two wood-framed jalousie windows.

The detached shed/garage structure located northeast of the residence is a simple rectangular building with a gable roof. The roof exhibits overhanging eaves and exposed rafters and is covered with composite shingles. The rafter ends are covered with a rake board. The building was constructed using frame construction and features wood panel walls. The west façade of this building features an overhead garage door. A door is located on the east end of the north façade of the shed/garage structure. 58 Item 3.
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BUILDING, STRUCTURE, AND OBJECT RECORD

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*Resource Name or #: 730 South Broadway
B1. Historic Name: N/A
B2. Common Name: N/A
B3. Original Use: Residential B4. Present Use: Residential *B5. Architectural Style: Contemporary
*B6. Construction History: (Construction date, alterations, and date of alterations) Detached shed/garage structure constructed between 1952 and 1953; residence constructed in 1953; addition constructed to the north end of the residence in 1956; porch converted into sunroom between 1956 and 1964; and original crushed stone roof replaced with asbestos shingles in 1997. *B7. Moved? No Yes Unknown Date: N/A Original Location: N/A *B8. Related Features: None
B9a. Architect: Unknown b. Builder: H. P. Wood Sr. and Monnie M. Wood *B10. Significance: Architecturally significant as it is a representative of the Contemporary style Theme: Contemporary Style Area: Escondido Period of Significance: 1953 Property Type: Residential Applicable Criteria: CRHR Criterion 3, City of Escondido Criteria 2 and 5 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) The residence located at 730 South Broadway was constructed in 1953 when it was owned by Virginia Thurlow and Leavitt Thurlow Jr.

Leavitt was born in 1912 in the Philippines and retired from the U.S. Navy. He was a player for the University of Southern California’s football team between 1934 and 1936 and also played the part of a football player in the 1936 movie Rose Bowl (Old Escondido Historic District 2009). His wife, Virginia Thurlow, was born in 1916 in Los Angeles. They were living in Oahu, Hawaii, during World War II and survived the Pearl Harbor attack.

They settled down in Escondido after the war (The Los Angeles Times 2015). Although they were long-time residents of Escondido, they cannot be considered important persons that contributed to the development of the Escondido area.

The residence is listed as a point of interest in the 12th Annual Old Escondido Mother’s Day Home Tour (Old Escondido Historic District 2009). The residence was constructed in the Contemporary style. According to McAlester, the Contemporary style was still popular well into the 1990s (2015). The construction of the 730 South Broadway Avenue residence in 1953 falls within the period of significance for the Contemporary style according to McAlester’s definition (2015). According to McAlester (2015), the Contemporary style was favored by American architects from 1945 to 1965. The Contemporary style rejects the approach of the earlier styles that use decorative details on their exterior surfaces and is more concerned with the interior of the structures and the relationship between the interior and the exterior. McAlester lists five principal subtypes for the Contemporary style: Front-Gabled Roof, Side-Gabled Roof, Gabled-Roof Variations, Butterfly and Slant Roofs, and Flat Roof subtypes. The residence located at 730 South Broadway can be characterized as a Side-Gabled Roof subtype.

According to McAlester (2015), there are seven “identifying” features of Contemporary construction: low-pitched gable roof (sometimes flat) with widely overhanging eaves, exposed roof beams, windows generally present in gable ends (or just below roof line in non-gabled façades), built with natural materials (wood, stone, brick or occasionally concrete block), broad expanse of uninterrupted wall surface typically on front façade, recessed entry door, and asymmetrical facades. The 730 South Broadway residence possesses six of the seven identifying features of Contemporary-Style construction with its low-pitched roof, widely overhanging eaves, windows on its gable ends, use of natural materials in its construction, recessed entry door, and asymmetrical facades.

Of the seven aspects of integrity, the residence was determined to retain integrity of location, design, materials, and workmanship (see the integrity evaluation on pages 4 to 6). The following is an evaluation of the residence under California Register of Historical Resources (CRHR) criteria and City of Escondido Criteria:
• CRHR Criteria 1 and 2 and City of Escondido Criteria 1 and 4 (persons and events): The residence was evaluated as ineligible for designation under CRHR Criteria 1 and 2 and City of Escondido Criteria 1 and 4 due to its lack of association with any significant persons or events. (Continued on page 4.)
B11. Additional Resource Attributes (List attributes and codes): None *B12. References: See page 6
B13. Remarks: None
*B14. Evaluator: Irem Oz
*Date of Evaluation: 9/11/23
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Continued from page 3.
• CRHR Criterion 3 and City of Escondido Criterion 2 (architecture): The 730 South Broadway residence is a good example of the Contemporary style and retains integrity of design, materials, and workmanship and, therefore, is architecturally significant and is eligible for designation under CRHR Criterion 3 and City of Escondido Criterion 2. • City of Escondido Criterion 3 (connection with a business): The residence is not connected with a business or use that was once common but is now rare and, therefore, is not eligible for designation under City of Escondido Criterion 3. • City of Escondido Criterion 5 (age): The residence is over 50 years old and has achieved historical status, which makes it eligible for designation under City of Escondido Criterion 5.
• City of Escondido Criterion 6 (materials): The residence is not a valuable example of the use of indigenous materials or craftsmanship, and therefore is not eligible for designation under City of Escondido Criterion 6. • City of Escondido Criterion 7 (landmark): As the residence was listed as a point of interest in the 12th Annual Old Escondido Mother’s Day Home Tour document, it is considered an important key focal point in the visual quality and character of a neighborhood and, therefore, is eligible for designation under City of Escondido Criterion 7. • City of Escondido Criterion 8 (uniqueness): The residence is not among the few remaining examples of an architectural style and, therefore, is not eligible for designation under City of Escondido Criterion 8. • City of Escondido Criteria 9, 10, and 11 (sign): There have not been any signs associated with the residence and, therefore, the building is not eligible for designation under City of Escondido Criteria 9, 10, and 11. • CRHR Criterion 4 (additional information): The residence was evaluated as not eligible for designation under CRHR Criterion 4 as it likely cannot yield any additional information about the history of Escondido or the state of California.

In summary, the residence has been determined eligible for designation under CRHR Criterion 3 and City of Escondido Criteria 2, 5, and 7.

The detached shed/garage structure located at 730 South Broadway was constructed between 1952 and 1953. The shed/garage structure was constructed as a utilitarian building with no specific architectural design elements. Of the seven aspects of integrity, the shed/garage structure was determined to retain integrity of location, design, materials, and workmanship (see integrity evaluation on page 4). The shed/garage structure was evaluated as ineligible for designation under CRHR Criteria 1 and 2 and City of Escondido Criteria 1 and 4 due to its lack of association with any significant persons or events. The structure is not considered a good example of any style, is not architecturally significant, was not constructed using indigenous materials, is not a valuable example of the use of indigenous materials or craftsmanship, is not an important key focal point in the visual quality and character of a neighborhood, and is not among the few remaining examples of an architectural style and, therefore, is not eligible for designation under CRHR Criterion 3 and City of Escondido Criteria 2, 6, 7, and 8. The structure is over 50 years old and has achieved historical status, which makes it eligible for designation under City of Escondido Criterion 5. There have not been any signs associated with the structure and, therefore, the building is not eligible for designation under City of Escondido Criteria 9, 10, and 11. Further, the structure was evaluated as not eligible for designation under CRHR Criterion 4 as it likely cannot yield any additional information about the history of Escondido or the state of California.

Integrity Analysis
When evaluating a historic resource, integrity is the authenticity of the resource’s physical identity clearly indicated by the retention of characteristics that existed during its period of significance. It is important to note that integrity is not the same as condition. Integrity directly relates to the presence or absence of historic materials and character-defining features, while condition relates to the relative state of physical deterioration of the resource. In most instances, integrity is more relevant to the significance of a resource than condition; however, if a resource is in such poor condition that original materials and features may no longer be salvageable, then the resource’s integrity may be adversely impacted.

The seven aspects of integrity used in evaluating a historic resource are:

1. Location is the place where a resource was constructed or where an event occurred.

2. Design results from intentional decisions made during the conception and planning of a resource. Design includes form, plan, space, structure, and style of a property.

3. Setting applies to a physical environment, the character of a resource’s location, and a resource’s relationship to the surrounding area.

4. Materials comprise the physical elements combined or deposited in a particular pattern or configuration to form a property.

5. Workmanship consists of the physical evidence of crafts employed by a particular culture, people, or artisan, which includes traditional, vernacular, and high styles.

6. Feeling relies upon present physical features of a property to convey and evoke an aesthetic or historic sense of past time and place. 60 Item 3.
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7. Association directly links a property with a historic event, activity, or person of past time and place, and requires the presence of physical features to convey the property’s character.

In order to assess each aspect of integrity when evaluating the residence at 730 South Broadway, the following steps were taken, as recommended in the National Register Bulletin: How to Apply the National Register Criteria for Evaluation (Andrus and Shrimpton 2002). This review is based upon an evaluation of the integrity of the buildings followed by an assessment of distinctive characteristics.

1. Integrity of location [refers to] the place where the historic property was constructed or the place where the historic event occurred (Andrus and Shrimpton 2002). Integrity of location was assessed by reviewing historical records and aerial photographs in order to determine if the buildings had always existed at their present location or if they have been moved, rebuilt, or their footprint significantly altered. The 730 South Broadway residence and detached shed/garage structure were constructed in 1953 and between 1952 and 1953, respectively, in their current locations and have not been moved or their location otherwise impacted in any way. Therefore, the buildings retain integrity of location.

2. Integrity of design [refers to] the combination of elements that create the form, plan, space, structure, and style of a property (Andrus and Shrimpton 2002). Integrity of design was assessed by evaluating the spatial arrangement of the building and any unique architectural features present. According to the building permits, the Notice of Completion, and historic aerial photographs, the residence and the shed/garage structure located within the 730 South Broadway property were constructed in 1953 and between 1952 and 1953, respectively. The architects of the buildings are unknown, but the structures were constructed by H. P. Wood Sr. and Monnie M. Wood.

The residence is constructed in the Contemporary style. The shed/garage structure was constructed as a utilitarian building with no specific architectural design elements. Modifications and alterations that the residence has undergone include: construction of an addition to the north end of the residence in 1956, conversion of the porch into sunroom between 1956 and 1964, and replacement of the original crushed stone roof with asbestos shingles in 1997 (Old Escondido Historic District 2009). These modifications did not alter the original plan, space, overall form, structure, or design of the building, and the building still retains most of the primary and secondary character defining features of the Contemporary style such as strong gable roof forms, large windows, vertical wood siding, angular massing, and attached garage. Therefore, the residence retains integrity of design.

Research did not find any indication of changes applied that would alter the overall form, plan, space, structure, or style of the detached shed/garage structure since its initial construction. Therefore, the detached shed/garage structure retains integrity of design.

3. Integrity of setting [refers to] the physical environment of a historic property. Setting includes elements such as topographic features, open space, viewshed, landscape, vegetation, and artificial features (Andrus and Shrimpton 2002). Integrity of setting was assessed by inspecting the elements of the property, which include topographic features, open space, views, landscapes, vegetation, man-made features, and relationships between buildings and other features. According to building permits, the Notice of Completion, and historic aerial photographs, the residence and the shed/garage structure located within the 730 South Broadway property were constructed in 1953 and between 1952 and 1953, respectively. The 1953 aerial photograph shows that the area around South Broadway was semideveloped. While the buildings north and south of the 730 South Broadway property had already been constructed, none of the buildings located east of the property were extant during this time. Overall, the area consisted of low-density residential development. By 1975, the Omar and Khayyam roads, branching off Broadway and located south and east of the property, were constructed. Residential development was constructed around Omar Road, transforming the area into a medium-density residential zone. By 1980, the development around the 730 South Broadway property was complete and the transformation of the semi-developed, low-density residential area into a developed middle-density residential area was completed. Because the surrounding topographic features, open space, viewshed, landscape, vegetation, and artificial features have greatly changed due to new development since 1952, the 730 South Broadway property does not retain integrity of setting.

4. Integrity of materials [refers to] the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property (Andrus and Shrimpton 2002). Integrity of materials was assessed by determining the presence or absence of original building materials and the possible introduction of materials that may have altered the architectural design of the building. According to building permits, the Notice of Completion, and historic aerial photographs, the residence and the detached shed/garage structure located within the 730 South Broadway property were constructed in 1953 and between 1952 and 1953, respectively. The architects of the buildings are unknown, but the structures were constructed by H. P. Wood Sr. and Monnie M. Wood. The residence is constructed in the Contemporary style. The shed was constructed as a utilitarian building with no specific architectural design elements. Modifications and alterations that the residence has undergone include: construction of an addition to the north end of the residence in 1956, conversion of the porch into sunroom between 1956 and 1964, and replacement of the original crushed stone roof with asbestos shingles in 1997 (Old Escondido Historic District 2009). While these modifications introduced new materials to the residence, especially where the former porch/current sunroom is located, these modifications are 61 Item 3.
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State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*Recorded by: Irem Oz *Date: 9/11/23  Continuation  Update DPR 523L (1/95) *Required information
reversible and did not result in the alteration of the form, plan, space, or structure of the building and, therefore, the residence retains integrity of materials.

Research did not find any indication of changes applied that would have altered the overall materials, plan, space, structure, or style of the detached shed/garage structure since its initial construction. Therefore, the shed/garage structure retains integrity of materials.

5. Integrity of workmanship [refers to] the physical evidence of the labor and skill of a particular culture or people during any given period in history (Andrus and Shrimpton 2002). Integrity of workmanship was assessed by evaluating the quality of the architectural features present. According to building permits, the Notice of Completion, and historic aerial photographs, the residence and the detached shed/garage structure located within the 730 South Broadway property were constructed in 1953 and between 1952 and 1953, respectively. The architects of the buildings are unknown, but the structures were constructed by H. P. Wood Sr. and Monnie M. Wood.

The original workmanship demonstrated by the construction of the single-family residence and the detached shed/garage structure was average. While the residence has undergone modifications that introduced new construction, the modifications did not negatively impact the overall initial workmanship. Similarly, research did not find any indication of changes applied that would alter the overall materials, plan, space, structure, or style of the detached shed/garage structure since its initial construction. Therefore, both the residence and the shed/garage structure retain integrity of workmanship.

6. Integrity of feeling [refers to] a property’s expression of the aesthetic or historic sense of a particular period of time (Andrus and Shrimpton 2002). Integrity of feeling was assessed by evaluating whether or not the resource’s features, in combination with its setting, convey a historic sense of the property during the period of construction. As noted previously, the integrity of setting for the property has been lost due to the transformation of the originally semi-developed area into a medium-density residential neighborhood.

Additionally, the landscaping east of the residence, which originally consisted of a dense collection of trees, was removed by 1963 and a new landscaping consisting of native plants and a fountain was designed in the 1970s. These changes, along with the changes to the surrounding area, caused the property to lose its integrity of feeling. Therefore, the property does not retain integrity of feeling.

7. Integrity of association [refers to] the direct link between an important historic event or person and a historic property (Andrus and Shrimpton 2002). Integrity of association was assessed by evaluating whether the building was ever directly associated with important events or individuals. Historical research indicates that the residence and the detached shed/garage structure are not associated with any significant persons or events. The single-family residence and the detached shed/garage have always been used as such. None of the individuals who owned or lived at the property were found to be significant and no known important events occurred at the property.

Therefore, the buildings have never possessed integrity of association.

Of the seven aspects of integrity, the residence and the detached shed/garage structure were determined to retain integrity of location, design, materials, and workmanship. The buildings no longer retain integrity of setting and feeling and never possessed integrity of association.

References
Andrus, Patrick and Rebecca H. Shrimpton
2002 How to Apply the National Register Criteria for Evaluation, National Register Bulletin No. 15, National Register of Historic Places.

U.S. Department of the Interior, Washington, D.C.

McAlester, Virginia Savage
2015 A Field Guide to American Houses (Revised): The Definitive Guide to Identifying and Understanding America’s Domestic Architecture. Alfred A. Knopf, New York.

Old Escondido Historic District
2009 12th Annual Mother’s Day Home Tour: The Thurlow House. Brochure on file with the Old Escondido Historic District, Escondido, California.

The Los Angeles Times
2015 Obituary for Virginia Cassell Thurlow, 1916-2015 (Aged 98). 8 February:24. Los Angeles, California.

Times Advocate
1952a Building Permits. 5 March:2. Escondido, California. 1952b Building Permits. 2 May:5. Escondido, California. 62 Item 3.
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DPR 523J (1/95) *Required information
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
LOCATION MAP Trinomial

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*Map Name: USGS Escondido Quadrangle (7.5-minute series) *Scale: 1:24,000 *Date of Map: NA (Digital)

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Building Record
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Photographic Survey
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Site Plan With Footprint
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Notice of Completion
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Historic Photographs
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DRAFT
ATTACHMENT 4
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Scheduled Improvements:

1. Replace rotting beams in front of the house above the garage

2. Replace warping window frames on the house

3. Paint the exterior of the house

4. Replace damaged window glass panes on lever windows

5. Replace cracked skylights (2) and framing

6. Repair roof areas that leak and around skylights

7. Repair and paint decorative gates attached to house

8. Repair and paint rotting eaves

9. Design and install decorative and stylistically appropriate screens for the newly upgraded electrical panels

10. Install new exterior lighting that enhances the safety and appearance of the Thurlow house DRAFT
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ATTACHMENT 2
Updated: 6/17/2021

CITY OF ESCONDIDO

PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4671
Notice of Exemption
To: Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Hwy, Room 260
San Diego, CA 92101
MS: A-33
From: City of Escondido
Planning Division
201 North Broadway
Escondido, CA 92025
Project Title/Case No: PL23-0397
Project Location - Specific: The project site is located at 730 S. Broadway (APN: 233-390-14-00), located south of E. 7
th Avenue, north of Khayyam Rd., east of S. Broadway.

Project Location - City: Escondido Project Location - County: San Diego Description of Project: A request to list the subject property on the City of Escondido’s Local Register of Historic Places, and execution of a Mills Act Contract to assist the owners with future preservation.

Name of Public Agency Approving Project: City of Escondido Name of Person or Agency Carrying Out Project:

Name: Edward T. Chambers and Julia D. Chambers
Address: 730 S. Broadway Telephone: 323-578-6598
Escondido, CA 92025
Private entity School district Local public Agency State agency Other special district Exempt Status:

This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15331 (Historic Resource Restoration/Rehabilitation).

Reasons why project is exempt:

The project would establish a Mills Act contract for the subject property placing the property on the City’s Local Register of Historic Resources. This action aligns with the standard for preservation, as outlined in the Secretary of the Interior’s Standards for the Treatment of Historic Properties in that it applies a measure necessary to sustain the existing integrity and materials of the historic building through the contractual obligations the property owners agree to as part of the Mills Act contract. Furthermore, none of the exceptions listed under CEQA Guidelines section 15300.2 apply to the proposed project. The project will not result in a cumulative impact from successive projects of the same type in the same place, over time, given the proposed project is consistent with the General Plan policies which were addressed in the General Plan Final EIR. There are no unusual circumstances surrounding the proposed project that would result in a reasonable possibility of a significant effect on the environment, and the project will not damage scenic resources, including trees, historic buildings, rock outcroppings or similar resources, because the locations of the proposed improvements are in developed areas of the City and not environmentally sensitive.

Lead Agency Contact Person: Alex Rangel Area Code/Telephone/Extension: 760-839-4542 Signature:

Alex Rangel, Assistant Planner I Date
Signed by Lead Agency Date received for filing at OPR:
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Signed by Applicant
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STAFF REPORT
December 6, 2023
File Number 0480-70

SUBJECT

ACCEPT HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS FOR LOCAL ROADWAY SAFETY PLAN (LRSP) PROJECT NO. 1 AND BUDGET ADJUSTMENT

DEPARTMENT
Development Services/Engineering

RECOMMENDATION
It is requested that the City Council adopt Resolution No. 2023-150 authorizing the City Engineer or their designee to accept grant funds in the amount of $1,326,240; authorizing designated City agents to execute all grant forms and agreements necessary for Local Roadway Safety Plan (LRSP) Project No. 1; and authorizing a budget adjustment allocating grant funds to the project.

Staff Recommendation: Approval (Development Services, Christopher W. McKinney, Deputy City Manager and Julie Procopio, City Engineer)
Presenter: Edd Alberto, City Traffic Engineer

FISCAL ANALYSIS
The City was selected to receive $1,326,240 in HSIP grant funds by Caltrans. The total grant application was for $1,473,600, including the specified matching funds of 10 percent. The adopted CIP budget includes the Traffic Signals and Signal Improvements project for improvements prioritized in the LRSP. There are adequate matching funds in this account for this Project.

PREVIOUS ACTION
On May 25, 2022, the City Council approved the Local Roadway Safety Plan that identified the highest priority locations for future safety improvements after considering all Citywide collision data over a fiveyear timeframe. The plan included this Project as one of six priority projects.

BACKGROUND
The City was selected to receive grant funds from Caltrans’ HSIP to implement a traffic safety project identified in the City of Escondido LRSP. The LRSP provides a framework for identification, analysis, and prioritization of roadway safety improvements on local roads. The LRSP was developed using the process outlined by Caltrans to provide a systematic approach to providing safety improvements. The plan is data driven, using a comprehensive analysis of five years of collision data. The process resulted in a list of six 221
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priority traffic safety projects that address 25 locations of highest need in the City, as supported by the data. The LRSP is a requirement for eligibility to apply for HSIP funding.

LRSP Project No. 1 identifies traffic safety improvements to be implemented at the following 12 existing signalized intersections:

1. Centre City Pkwy & El Norte Pkwy

2. Centre City Pkwy & Valley Pkwy

3. Centre City Pkwy & Felicita Ave

4. Centre City Pkwy & Country Club Ln

5. El Norte Pkwy & Broadway

6. Valley Pkwy & 9th Ave

7. Valley Pkwy & Midway

8. Valley Pkwy & Quince St

9. Mission Ave & Quince St

10. Mission Ave & Ash St

11. Grand Ave & Juniper St

12. Grand Ave & Midway Ave
These 12 intersections exhibited similar crash trends, and as such consistent and appropriate countermeasures were identified to address the crash types and crash trends, which include unsafe speeds, rear end crashes and pedestrian and bicycle involved crashes.

The improvements include the installation of new traffic signal hardware such as new lenses and retroreflective backplates to make signals more visible, as well as pedestrian countdown signal heads. In addition, these intersections will implement Lead Pedestrian Interval (LPI) timing to enhance pedestrian safety at signalized intersections. The primary goal of LPI is to give pedestrians a head-start in the crosswalk before vehicles receive a green signal. This allows pedestrians to establish their presence in the intersection and makes them more visible to turning drivers.

After execution of the grant agreement and forms, a consultant will be selected to provide design services for the project. Grant funding requires that the project design be completed and ready to advertise for construction bids before March 31, 2026.

RESOLUTIONS
a. Resolution No. 2023-150

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
222
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RESOLUTION NO. 2023-150

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO AUTHORIZING THE RECEIPT OF HIGHWAY

SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS

AND EXECUTION OF GRANT AGREEMENTS AND FORMS
FOR LOCAL ROADWAY SAFETY PROJECT NO. 1
WHEREAS, as part of a national effort to improve highway safety, the California Department of Transportation (Caltrans) developed the Highway Safety Improvement Program (HSIP); and WHEREAS, Caltrans requires local agencies to approve a Local Roadway Safety Plan (LRSP) to be eligible for future HSIP grant funding; and
WHEREAS, the Caltrans Division of Local Assistance (DLA) awarded funding to the City to prepare a LRSP on December 3, 2019; and
WHEREAS, the City approved the LRSP that identifies projects eligible for HSIP grant funding on May 25, 2022; and
WHEREAS, the Caltrans Division of Local Assistance (DLA) announced a HSIP Call-for-Projects on May 11, 2022 and the City submitted an application on September 9, 2022; and WHEREAS, the City was included in the list of awardees when DLA announced the funding awards on March 10, 2023.

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 approves the acceptance of the grant funds award.

3. That the City Council appoints the City Engineer, or their designee, as agent to conduct all negotiations and submit all documents to the Caltrans Division of Local Assistance including, but not limited to payment requests and forms, which may be necessary for the completion of the 223
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aforementioned Project; and authorizing the Mayor, City Manager, or City Engineer to execute all agreements as permitted under Escondido Municipal Code § 10-96. 224
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BUDGET ADJUSTMENT

REQUEST
Department: Development Services
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Edd Alberto, ext. 4541
City Council Meeting Date:
(attach staff report) 12/06/2023

EXPLANATION OF REQUEST
Budget Adjustment to accept new grant funds for Local Roadway Safety Plan Project No. 1, allocate funds to projects. Matching funds in the amount of $147,360 from 5202.001.402.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Traffic Signals FY 20 206-691001 $1,326,240
Highway Improvement Safety
Program Grant 4127-206 $1,326,240

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
DocuSign Envelope ID: 9DE8D1F9-435E-45E7-B1D8-AFAC1B3C8582 11/28/2023 11/28/2023
Attachment "1"
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STAFF REPORT
December 6, 2023
File Number 0600-10; A-3488

SUBJECT

CONSULTING AGREEMENT FOR DESIGN OF SOUTH ESCONDIDO ACCESS IMPROVEMENTS PROJECT

DEPARTMENT
Development Services

RECOMMENDATION
It is requested that the City Council adopt Resolution No. 2023-132 awarding a consulting agreement to STC Traffic, Inc. (“STC”) in the amount of $299,121 to provide engineering design services for the South Escondido Access Improvements Project (“Project”).

Staff Recommendation: Approval (Development Services Department, (Chris McKinney, Deputy City Manager and Julie Procopio, City Engineer)
Presenter: Jonathan Schauble, Principal Civil Engineer

FISCAL ANALYSIS
In 2023, the Federal Highway Administration (“FHWA”), through the Highway Infrastructure Program (HIP), allocated $1.4 million to the City of Escondido for this Project, referred to as the South Escondido Access Improvements Project as part of the Community Project Funding/Congressionally Directed Spending (“CPFCDS”) Program. There are adequate funds in the CIP budget to fund this project which was entitled Centre City Parkway Signals Project in the adopted CIP Budget.

BACKGROUND
The Project will improve the intersections of Centre City Parkway/South Escondido Blvd. and Centre City Parkway/Brotherton to control movements through the intersections and calm traffic with the goal of decreasing injury and fatal collisions. The improvements will also improve accessibility in this area through the installation of ADA compliant ramps and sidewalks for pedestrians. 226
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City staff received four proposals to perform the design services for the South Escondido Access Improvements Project. A proposal evaluation committee evaluated all four proposals and selected the two most qualified consultants based on their technical expertise, past experience on projects of similar scope, and proposed Project team members. The evaluation committee then interviewed the two shortlisted consultants. The City entered into negotiations, and STC was determined to be the most qualified consultant that provided the best value to the City based on the proposed scope and fee to perform the required design of the South Escondido Access Improvements Project and to provide support during construction of the project.

The designer will evaluate alternatives for configuration of the Brotherton and Centre City Parkway intersection. After the selection of the design approach, STC will complete final design. It is anticipated that the alternatives analysis and design will require one year to complete after which bidding and construction would commence.

RESOLUTIONS
a. Resolution No. 2023-132
b. Resolution No. 2023-132 Exhibit “A” - Consulting Agreement 227
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RESOLUTION NO. 2023-132

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CONSULTING
AGREEMENT WITH STC TRAFFIC, INC. FOR DESIGN OF

THE SOUTH ESCONDIDO ACCESS IMPROVEMENTS

PROJECT
WHEREAS, the adopted Capital Improvement Program (“CIP”) budget includes funding for the South Escondido Access Improvements Project (“Project”); and WHEREAS, STC Traffic, Inc. was determined to be the most qualified consultant that provided the best value to the City; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize the Mayor to execute a Consulting Agreement with STC Traffic, Inc. in the amount of $299,121.

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 Mayor is authorized to execute, on behalf of the City, a consulting agreement with STC Traffic. Inc., which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.

3. That the City Manager retains the authority to approve contract amendments up to $200,000 in accordance with the Municipal Code.
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Consulting Agreement (v2) - 1 - CAO:2/16/2023

CITY OF ESCONDIDO

CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Jonathan Schauble
760-839-4072
("CITY")
And: STC Traffic, Inc.
a California corporation
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
Attn: Jason Stack
760-602-4209
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to perform the complete design of and provide support during bidding and construction for the South Escondido Access Improvements Project; WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CONSULTANT desire to enter into this Agreement for the performance of the Services described herein.

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

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

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, Resolution No. 2023-132
Exhibit "A"

Page 1 of 26 ends

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Consulting Agreement (v2) - 2 - CAO:2/16/2023
and CONSULTANT shall accept in full, an amount not to exceed the sum of $299,121.

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

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

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

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

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

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

7. Insurance Requirements.
a. CONSULTANT shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division.

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(3) Workers’ Compensation. Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions). Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of selfinsurance. CONSULTANT shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of Resolution No. 2023-132
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other insurance coverage required by this Agreement. CONSULTANT’s utilization of selfinsurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, and only to the extent such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. Further, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Resolution No. 2023-132
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Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

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

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

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

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

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

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

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

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

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

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

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19. Notice. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

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

21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services.

Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

22. Prevailing Wages. If applicable, pursuant to California Labor Code section 1770 et seq., CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as the applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

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

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

CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor
STC Traffic, Inc.

Date: __________________ ___________________________________ Jason Stack, Principal-In-Charge
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2023-132
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ATTACHMENT “A”
Scope of Work
A. General
STC Traffic, Inc., a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to the City’s South Escondido Access Improvements Project (“Project”).

B. Location
Consultant to provide services in relation to the City’s South Escondido Access Improvements Project, including certain services located at the intersections of Centre City Parkway and Brotherton Road, and Centre City Parkway and South Escondido Boulevard.

C. Services
The Consultant shall provide services as described in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference. In the event of a conflict between the Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail.

Services shall generally include:

1. Provide Project Management services throughout the design of the South Escondido Access Improvements Project;

2. Perform as-built research, utility coordination, and field reviews;

3. Perform topographic surveying and base mapping;

4. Obtain environmental approval through NEPA and CEQA;

5. Develop alternatives for City analysis;

6. Prepare a traffic operations analysis report;

7. Perform a drainage study and ensure water quality compliance;

8. Provide detailed design including plans, specification and engineer’s estimate and scheduling; and

9. Provide bidding and construction support for the Project.

D. Scheduling
Consultant to schedule specific dates of work in advance by contacting Nicholas Josten at 760-839- 4655 or [email protected]. Further instructions will be provided upon scheduling.

E. Contract Price and Payment Terms
The contract price shall not exceed $299,121. Consultant shall submit monthly invoices to the City with hours broken down per the provided rates and hours on the Consultants Total Fee, and the City shall pay Consultant for invoiced services within 30 days of receipt of an invoice. Consultant shall not bill the City for any transportation costs associated with travel to and from the project site.

F. Term
The term of this Agreement shall be from the Effective Date of the Agreement through June 30, 2026.

G. Other
Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract between Consultant and the Resolution No. 2023-132
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City. The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Consultant’s participation in the planning, discussions, or drawing of Project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.

Resolution No. 2023-132
Exhibit "A"

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ATTACHMENT “B”
Personnel List
Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below.

No. Name Title Email Address Company
1 Jason Stack, TE,
PTOE
Principal-InCharge [email protected] STC Traffic, Inc. 2 Christian Lambarth,

PE, TE, PTOE
Senior Project
Manager [email protected] STC Traffic, Inc. 3 Philip Kern, PE
Senior
Principal
Engineer
[email protected] STC Traffic, Inc.
4 Brandon Schlueter,
PE
Project
Engineer III [email protected] STC Traffic, Inc. 5 Philip Wragg, AICP Project
Planner III [email protected] STC Traffic, Inc. 6 Alain Hungerford,
IMSA I
Systems
Engineer [email protected] STC Traffic, Inc. 7 Gianluca Pesaresi,
EIT
Project
Engineer II [email protected] STC Traffic, Inc. 8 Kevin Stone, IMSA II Construction
Engineer [email protected] STC Traffic, Inc.
9 Ivan Gonzalez Project
Engineer I [email protected] STC Traffic, Inc. 10 David Preciado, RLA
QSP
Principal
Landscape
Architect
[email protected] RE Services
11 Jaime Sandoval, RLA Project
Manager [email protected] RE Services
12 Tim Belzman
Principal
Planner/Senior
Environmental
Project
Manager
[email protected]
HELIX
Environmental
Planning, Inc.
13 Jose D. Dennis, PLS Professional
Land Surveyor [email protected] CE&LST Corp.
14 Zarel S. Lomeli, LSIT Senior
Designer [email protected] CE&LST Corp.
15 Ismael Quero Senior
Design/Drafter [email protected] CE&LST Corp. 16 Robert Geletei Survey Party
Chief [email protected] CE&LST Corp.
17 Lawrence
Thornburgh, PE, PLS
Director of
Engineering [email protected] Nasland Engineering
18 Daniel Quinones, PE Project
Manager [email protected]
Nasland
Engineering
19 Tim Belzman
Principal
Environmental
Planner
[email protected]
HELIX
Environmental
Planning
Resolution No. 2023-132
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CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

Acknowledged by:

Date: __________________ ___________________________________ Jason Stack, STC Traffic, Inc.

20 Molly Ryan Environmental
Planner [email protected]
HELIX
Environmental
Planning
21 Stacie Wilson, RPA
Principal
Cultural
Resources
Specialist
[email protected]
HELIX
Environmental
Planning
22 James Turner, RPA Senior
Archaeologist [email protected]
HELIX
Environmental
Planning
23 Sani Sutanto, PE Principal
Engineer [email protected]
Allied
Geotechnical
Engineers
24 Nicholas Barnes, PG,
CEG
Senior
Geologist [email protected]
Allied
Geotechnical
Engineers
Resolution No. 2023-132
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EXHIBIT “1”
CONSULTANT’S SCOPE OF SERVICES
Resolution No. 2023-132
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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 1 Cover Letter
November 1, 2023
Attn: Nicholas Josten
City of Escondido Development Services
201 North Broadway
Escondido, CA 92025
RE: South Escondido Access Improvements Project – Proposal Revisions Dear Mr. Josten,
STC Traffic, Inc. (STC) is pleased to submit our proposal revisions for the South Escondido Access Improvements Project. The enclosed scope of work amends the original proposal dated September 11, 2023. We have included separate costs for Alternative Scope A, signalized intersection, and Alternative Scope B, roundabout. The following sections have been adjusted to reflect changes to the project:
• Scope of Work
• Rate Sheet and Total Fee for the Project
• Project Schedule with Key Milestones
Christian Lambarth, the Proposed Manager, is available to answer any questions concerning the revisions. Our team is available to make further changes as needed.

Sincerely,
_
Jason Stack, President
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
(760) 602-4209, [email protected]
Moving
You To
Where
You Want
To Be
Resolution No. 2023-132
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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 2 Scope of Work
This section summarizes STC’s Scope of Work and key deliverables to provide the engineering services requested by the City as described in the RFP.

Task 1. Project Management
STC’s Project Manager, Christian Lambarth, PE, TE, PTOE, will be responsible for project management activities throughout the life of the contract. Mr. Lambarth will manage the project schedule, set up meetings, and manage the project team. Following Notice to Proceed (NTP), Mr. Lambarth will schedule a project kick-off meeting with City staff to discuss project objectives, scope, schedule, and City policies/procedures. STC will schedule regular meetings with City staff to discuss project progress, meetings following each key deliverable to discuss City comments, and will attend a City Council Meeting and City Traffic Commission meeting as required. STC will submit progress reports with monthly invoices in an organized format, meeting agendas, schedule updates, and meeting materials as required to present to the City and other agencies/entities impacted by the project.

Task 1 Key Deliverables:
• Meeting agendas, meeting materials, and meeting minutes. • Monthly invoices and progress reports in PDF format.
• Project schedule and updates in PDF format.

Task 2. As-Built Research, Utility Coordination, and Field Reviews Task 2.1. As-Built Research
STC will prepare a Request for Information (RFI) with input from the design team following the kick-off meeting. Requested information will include as-built plans for previous roadway, utility, traffic signal, lighting, communications, and drainage improvements. Information related to future adjacent City project, roadway moratorium, private developments, and standards/guidelines updates will also be requested.

Task 2.1 Key Deliverables:
• Formal RFI.

Task 2.2. Utility Coordination
Utility As-Built Requests: STC will prepare a release letter for the City to sign, allowing STC to request as-builts from utility companies, fee free. STC will request utility contacts for the project area from Dig Alert and supplement contact information with the City’s current Utility contact list. STC will request as built from applicable utility companies and will provide utility records to the City upon request.

Resolution No. 2023-132
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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 3 Utility Base Map: Utility as-built information received will be reconciled with the base map created from the topographic survey to provide a comprehensive and accurate utility base for the improvement plans. As part of the detailed field work, STC will verify the location of existing utilities to the greatest extent possible.

Utility Conflict Review: STC will work with the City to coordinate with utility companies following the first plan submittal to begin utility conflict checks. STC will work with the City and utility companies, as necessary, to facilitate the relocation of any utilities found to conflict with proposed improvements. STC will work with the City to prepare final utility notices following Local Assistance Procedure Manual (LAPM) requirements and submit approved plans to the utility companies within the project limits.

Task 2.2 Key Deliverables:
• Utility As-Builts (As Requested).
• Utility Base Map (As Requested).
• Utility Conflict Review Requests.
• Completed LAPM Exhibit 14-D (As Needed).

Task 2.3. SDG&E Service Requests
The new signal at CCP/ Brotherton Road will require a new SDG&E service along with any new lighting. STC will work with the City to have street addresses assigned for each new electrical service and complete the necessary service requests with SDG&E. STC is very familiar with SDG&E’s Builder Service Portal and will complete the requests on behalf of the City. STC will complete the work necessary to initialize service requests for up to one (1) new electrical service.

Task 2.3 Key Deliverables:
• Service Address Figures (up to 1).
• SDG&E Service Requests (up to 1).

Task 2.4. Potholing Services
STC has included budget for potholing utilities as mentioned in the RFP. The locations of potholes will be discussed and agreed upon with the City before potholing. STC has accounted for up to four (4) potholes. STC will prepare necessary traffic control plans to be included in the permit submittal.

Task 2.4 Key Deliverables:
• Potholing Records in a Report Format.

Task 2.5. Field Reviews
The STC and the City project manager (if available) will walk the project corridor and collect relevant information to aid in developing the Alternative and Detailed Designs. This assessment will include documenting existing field conditions utilizing as-built information provided by the City and utility companies.

STC will evaluate the corridor for compliance with minimum safety standards as provided in the CA-MUTCD Resolution No. 2023-132
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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 4 and specific City standards. STC will review the adjacent traffic signals and check for existing conduit that can be utilized for fiber optic cable installation.

Task 2.5 Key Deliverables:
• Field Photos and Notes (As Requested).

Task 3. Topographic Survey and Base Mapping
Task 3.1 Aerial Topographic Survey
Upon NTP, SAMPO will complete an aerial topographic survey which will be utilized for the Alternative and 30% designs. The following will be included:

1. Perform map and vertical benchmark research and record calculations.

2. Set target points for aerial survey. Obtain horizontal and vertical control. Provide control to aerial consultant.

3. Perform an aerial topography survey. Mapping scale 1”=40’, two foot contour interval.

4. Search for and tie-out right-of-way and centerline monuments of record.

5. Analyze found monuments data with record data and arrive at right-of-way lines. Draft rights-of-way onto the topographic plat.

Task 3.1 Key Deliverables:
• CAD and PDF Aerial Topography Files.

Task 3.2. Conventional Method Survey
Following receipt of the City’s comments on the 30% detailed design submittal, additional survey will be collected to supplement the aerial topographic survey where elevation data is needed. It is assumed elevation data will be collected for the design of civil improvements at the intersection of CCP/ Brotherton Road.

Additional elevation data can be collected if needed based on the City’s input. The following will be included.

1. Perform a field survey to collect data on specifics during the design phase. One field survey included.

2. Process field data and supplement topographic plat.

Task 3.2 Key Deliverables:
• CAD and PDF Files of the Updated Topographic Plat.

Task 4. Environmental Approval
Task 4.1 NEPA Approval
Helix will prepare a draft Preliminary Environmental Study (PES) Form addressing the preferred alternative.

Helix will work with the City to submit the draft PES Form to Caltrans DLA. A field meeting will be scheduled with Helix, City, and Caltrans to discuss relevant environmental issues, and the draft PES Form.

Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 5 Helix will revise the PES Forms based on input from the field meeting and work with the City to resubmit to Caltrans DLA. It is assumed the project will qualify for a “Categorical Exclusion with technical studies.” One additional review cycle of the PES Form based on Caltrans DLA comments is included. Caltrans DLA will prepare and process the CE form following approval of the supporting technical studies and the City completing the CEQA process.

Task 4.1 Key Deliverables:
• Summary of Findings from Field Meeting.
• Draft and Final PES with Supporting Technical Studies.

Task 4.2 CEQA Notice of Exemption (NOE)
The technical analysis conducted above will be, in part, the basis for the City to determine the appropriate level of CEQA compliance documentation for the project. For the purposes of this proposal, it is assumed that a Categorical Exemption will be determined to be appropriate. HELIX will prepare documentation in support of a CEQA Categorical Exemption for the project. HELIX will prepare a NOE form with a brief summary document. For cost-estimating purposes, it is assumed that the summary document in support of the exemption will be no more than five text pages and include no more than three graphics, and that the document will be revised one time in response to City comments. It is assumed that the City will be responsible for electronically submitting the required documents to the State Clearinghouse and filing the NOE.

Task 4.2 Key Deliverables:
• Draft and Final CEQA NOE.

Task 4.3 Cultural Resources
It is anticipated that the PES Form will identify preparation of cultural resources technical analysis and reports to support the NEPA CE due to ground-disturbing activities necessary to construct the proposed improvements. If required, HELIX will prepare an Area of Potential Effects (APE) Map, an Archaeological Survey Report (ASR), and a Historic Property Survey Report (HPSR). A field survey will be conducted to observe and record any visible archaeological resources or cultural material within the project APE. It is assumed that the survey will not result in the identification of any potentially significant archaeological resources requiring an Extended Phase I investigation. In addition, it assumed that no historic buildings or structures will be within the APE, and that evaluation of historic resources and preparation of a Historic Resources Evaluation Report will not be required.

Task 4.3 Key Deliverables:
• Draft and Final APE, ASR, and HPSR.
• Draft and Final Cultural Resources Technical Analysis Report.

Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 6 Task 4.4 Initial Site Assessment
Additionally, Caltrans DLA may also require preparation of an Initial Site Assessment (ISA) due to the presence of listed hazardous materials sites adjacent to the project alignment. An ISA is included as an optional task in the event that it will be required. It is assumed that no other technical studies will be required by Caltrans DLA given the project type and environmental setting.

Task 4.4 Key Deliverables:
• Draft and Final ISA Technical Report.

Task 5. Alternatives Analysis
The STC Team will develop two (2) alternative designs for the project corridor including construction of a new traffic signal or roundabout at the intersection of CCP/ Brotherton Road. Each alternative will be presented as a roll plot with all improvements shown together to illustrate the comprehensive proposed corridor improvements. The STC Team will prepare an engineer’s estimate of probable cost and identify any challenges and opportunities for each alternative. STC will include analysis of existing conditions plus project to evaluate the operations of each alternative. The STC Team has included time in Task 1 for presentations to City Council and the City’s Traffic Commission.

Task 5 Key Deliverables:
• Two (2) Alternative Concept Roll Plots.
• Engineers Estimate of Probable Cost for Each Alternative. • List of Challenges and Opportunities for Each Alternative. • Existing conditions plus project operations analysis summaries.

Task 6. Traffic Operations Analysis Report
Task 6.1. Data Collection
STC will use a third-party traffic count vendor to collect directional, 24-hour Average Daily Traffic (ADT) volumes, vehicle Turning Movement Counts (TMC), and bicycle and pedestrian counts on South Escondido Blvd and CCP in proximity to the proposed study area. STC understands that collision data will be provided by the City and Escondido PD.

Task 6.1 Key Deliverables:
• ADT Count, TMC Counts, and Parking Demand Data (As Requested) Task 6.2. Traffic Operations Analysis Report
STC will prepare a Traffic Operations Analysis Report (TOAR) in accordance with the City’s Transportation Impact Analysis (TIA) Guidelines. The intersections of CCP at W. Felicita Avenue, S. Escondido Boulevard, Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 7 Brotherton Road, and W. Citracado Parkway will be included in the analysis. STC will prepare a scoping memo following NTP to establish the parameters and scenarios to be included in the TOAR.

In addition to the requirements set forth in the City’s TIA Guidelines, STC will perform 95th percentile queue analysis, traffic signal warrant analysis for CCP/Brotherton Road consistent with CA-MUTCD guidelines, and discussion of crash data.

Task 6.2 Key Deliverables:
• CCP/Brotherton Road Alternative Analysis Memo.
• Draft and Final TOAR Report.

Task 6.3. Prepare Traffic Signal Timing Plans (Alternative Scope A Only) STC will prepare a traffic signal timing plan for the new signal at CCP/Brotherton Road. STC will prepare 4 time of day plans which include: weekday AM, weekday, PM, Midday off-peak, and evening/off-peak plans. The new signal will be included in the existing coordinated signal system on CCP. STC will utilize the Synchro model prepared for the TOAR and optimize coordinated timing for the upstream and downstream signals (consistent with the TOAR analysis). For the upstream and downstream signals, STC will perform a clearance interval compliance check with CAMUTCD standards.

Task 6.3 Key Deliverables:
• Coordinated Traffic Signal Timing Databases for CCP at W Citracado Parkway, Brotherton Road, and Towne Centre Drive.

Task 7. Drainage Study and Water Quality Compliance
Task 7.1. Drainage Study
Nasland will prepare a localized drainage study for any relocated storm drain inlet to quantify existing runoff quantities and flow rates to establish a base line condition. Hydrology and hydraulic calculations will be performed based on proposed improvements from the preferred alternative to determine if there are increases in runoff quantities and rates in the project area. Recommendations will be provided to modify/ upgrade existing catch basins and sump areas to handle any additional runoff in compliance with City requirements.

Task 7.1 Key Deliverables:
• Draft and Final Drainage Study.

Task 7.2. Storm Water Quality Management Plan (SWQMP)
Nasland will prepare a Storm Water Quality Management Plan (SWQMP) in accordance with City of Escondido policies and SWQMP template and presuming a Priority Development project designation. A storm water intake form will be completed, and if total removal and replacement of impervious surface requires a Priority SWQMP; prepare a Priority SWQMP with permanent storm water treatment BMPs.

Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 8 Task 7.2 Key Deliverables:
• Draft and Final SWQMP.

Task 8. Detailed Design (PS&E)
Following the selection of a preferred alternative, the STC Team will prepare PS&E sufficient for bid. Each design will comply with all applicable standards and guidelines and will follow City of Escondido design requirements. Following each milestone submittal and receipt of City comments, the STC Team will meet with City staff to discuss any comments that require resolution. The following elements are included in this task.

Task 8.1 Traffic Signal Basis of Design (BOD) (Alternative Scope A Only) Following the field review and receipt of survey information, STC will develop a traffic signal BOD Memorandum with the 30% detailed design submittal. Design related items will include:
• Left-turn storage lengths.
• Applicability of protected/ permissive left-turn phasing (following FHWA criteria). • Traffic signal phasing and optimal pedestrian crossing locations. • Proposed improvements with anticipated cost.
• Communications upgrade options with recommendations (cellular, wireless, fiber optic).

Task 8.1 Key Deliverables:
• Traffic Signal BOD with 30% Submittal.

Task 8.2 Plans (Alternative Scope A Only)
Composite Utility Plan: STC will prepare composite utility plans showing any existing utilities identified through utility as-built research and field visits, along with any proposed utility relocations that are expected.

Civil Plans: STC will prepare final civil final plansfor Alternative Scope A (if selected), the signalized intersection alternative. Plans and profiles will be prepared for approximately 1,500 feet of proposed roadway improvements on Centre City Parkway from 300’ south of Brotherton Road to the intersection of S. Escondido Boulevard including medians, curb returns, turn pockets, pedestrian crossings and limited roadway widening to accommodate a new interconnected signalized intersection at CCP & Brotherton Road. New pavement sections will match existing unless otherwise directed by the City, no geotechnical or R-value testing is proposed. The civil plans will be prepared at 1”=40’ scale and will include title sheets, general notes, typical street sections and civil construction details.

The civil effort will also include limited design of drainage facilities in accordance with the project SWQMP.

Drainage and storm drain modifications are understood to include relocation/replacement of existing drainage structures to accommodate the new improvements, and associated details. No improvements to mainline drainage facilities or Storm Water Pollution Prevention Plan is included, it is anticipated that the contractor will prepare the SWPPP in accordance with the current Construction Storm Water Permit under the “Water Pollution Control” bid item.

Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 9 Monument Installation and Lighting Design: STC will prepare a plan for the installation of a “Welcome to Escondido” monument. The City will provide plans for the sign that were prepared with another project. STC will include details provided by the City and specify the installation location on the plan. STC will include design for lighting the new monument. It is anticipated the lighting will be energized by the traffic signal service pedestal installed for the new traffic signal.

Signing and Striping Plans: Signing and Striping plans will be prepared at 1”=40’ scale for improvements on Centre City Parkway between Brotherton Road and S. Escondido Boulevard (approx. 1,700’). Design at S.

Escondido Boulevard/ CCP will be included to restrict left turns from S. Escondido Boulevard to CCP.

Traffic Signal Plans: Traffic Signal plans will be prepared at 1”=20’ scale for a new traffic signal at City Centre Parkway/Brotherton Road. The new signals will control S. Centre City Parkway, Centre City Parkway, and S.

Escondido Boulevard. The configuration of the new signal is unknown, but it is anticipated one traffic signal controller cabinet will operate all signal indications, even if the diverted left alternative is selected. If separate controller cabinets are required, additional traffic signal plans may be required. Wireless traffic signal interconnect design to CCP/ Escondido Boulevard will be included on the traffic signal plan.

Task 8.2 Key Deliverables:
• Plans at the 60%, 90%, and 100% Level of Completeness (See Table Above).

Task 8.3 Plans (Alternative Scope B Only)
Composite Utility Plan: STC will prepare composite utility plans showing any existing utilities identified through utility as-built research and field visits, along with any proposed utility relocations that are expected.

Civil Plans: STC will prepare final civil plans for improvements for Alternative Scope B (if selected), the roundabout alternative. Plans and profiles will be prepared for approximately 1,500 feet of proposed roadway improvements on Centre City Parkway from 300’ south of Brotherton Road to the intersection of S. Escondido Boulevard including median islands, curb returns, turn pockets, pedestrian crossings, intersection approaches and limited roadway widening to accommodate a new urban double lane roundabout with an inscribed diameter of 180 feet at the intersection of CCP and Brotherton Road. New pavement sections will match existing unless otherwise directed by the City, no geotechnical or R-value testing is proposed. The civil plans will be prepared at 1”=40’ scale and will include title sheets, general notes, typical street sections and civil construction details.

The civil effort will also include limited design of drainage facilities in accordance with the project SWQMP.

Monument Installation and Lighting Design: STC will prepare a plan for the installation of a “Welcome to Escondido” monument. The City will provide plans for the sign that were prepared with another project. STC Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 10 will include details provided by the City and specify the installation location on the plan. STC will include design for lighting the new monument. It is anticipated the lighting will be energized by the traffic signal service pedestal installed for the new traffic signal.

Street Light Design: New street lighting will be designed for the roundabout to adequately illuminate the pedestrian crossings, roundabout, and approaches. Plans will be prepared at 1”=40’ scale and will include voltage drop calculations, panel schedule, and identification of existing service points.

Escondido Boulevard/ CCP will be included to restrict left turns from S. Escondido Boulevard to CCP.

Task 8.3 Key Deliverables:
• Plans at the 60%, 90%, and 100% Level of Completeness (See Table Above).

Task 8.4 Project Specifications and Bid Documents
STC will prepare project specifications utilizing the City’s most current boilerplate bid package, special provisions, and the latest edition of the Greenbook for Public Works Construction. The bid package will be prepared in Microsoft Word and remain in the City’s boilerplate font and format and all additions or changes to the boilerplate shall be highlighted in yellow for each respective first plan check submittal. The project specifications and bid documents will include the detailed project description, preparation of bid schedules, bid item descriptions, special provisions, technical specs, and specification detail sheets or standard plans.

Task 8.4 Key Deliverables:
• Project Specifications and Bid Documents at the 60%, 90%, and 100% Level of Completeness.

Task 8.5 Construction Schedule
The STC Team will prepare a technical memo summarizing the anticipated time to complete construction activities for the entire project through inspection and acceptance. The memo will include material procurement lead times, construction durations, and overlapping projects (if any are known). The memo will allow the City to estimate working days in the bid documents and budget efforts during construction.

Task 8.5 Key Deliverables:
• Construction Schedule Memo at the 100% Level of Completeness.

Task 8.6 Engineers Estimate of Probable Cost
STC will provide a preliminary cost estimate at the 30% level of design, and an itemized engineer’s cost estimate at 60%, 90% and 100% levels of design for all proposed improvements. The estimates will be detailed with unit prices and quantities for individual line items of work and specified equipment based on the historical cost index. Cost estimate details (items and descriptions) will be consistent with bid items and specification sections.

Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 11 Task 8.6 Key Deliverables:
• Engineer Estimate at the 30%, 60%, 90%, and 100% Level of Completeness. • Completed LAPM Exhibit-15M at the 100% Level of Completeness.

Task 8.7 Produce Final Plans, Specifications & Estimates STC will submit Final Plans, Specifications, and Estimates (PS&E) including one “D” size mylar set (if requested), an electronic PDF copy, and the electronic CADD files in the latest AutoCAD release. Specification and/or bid documents will be provided in Microsoft Word format. The Engineer’s estimate will be provided in Excel format. All other plan submittals (60%, 90% and 100%) will include two hard copies and an electronic PDF copy submitted to the City for approval.

Task 8.7 Key Deliverables:
• Final PS&E Includes One “D” size Mylar Set, an Electronic PDF Copy, and the Electronic CADD Files.

Task 9. Bidding and Construction Support
Task 9.1 Bidding Support
STC will provide design support during advertisement and bidding for the two projects including responses to Requests for Information (RFI), preparation of addenda, and will be available remotely to answer questions from City staff and/or the Contractor.

Task 9.1 Key Deliverables: Bidder RFI Responses.

Task 9.2 Construction Support
STC will provide design support during construction. This work will include responding to Construction Contractor’s RFIs, conferring with the City’s Construction Manager/Inspector regarding RFIs as appropriate, and reviewing and approving shop drawings. STC will review contractor submittals/substitutions, attend the pre-construction meeting, and will be available to respond to questions by City staff and/or the Contractor.

All communication will be directed through the City for issuance to the Contractor. It is unclear at this point if a Caltrans encroachment permit will be required, but it is assumed the contractor will coordinate if needed.

Task 9.2 Key Deliverables:
• Material Submittal Reviews, Contractor RFI Responses, Addenda, and Field Visits (As Necessary).

Task 9.3 Record Drawings
The STC Team will receive the contractor’s as-built markups and incorporate them into a complete record drawing set. The record drawing set will be signed and sealed by the engineer of record.

Task 9.3 Key Deliverables: Record Drawings.

Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 12 Rate Sheet and Total Fee for Project
Per RFP instructions, the rate sheet and total fee for the project has been submitted separately.

Resolution No. 2023-132
Exhibit "A"

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Request for Proposals • South Escondido Access Improvements Project STC Traffic, Inc. | South Escondido Access Improvements Project 13 Project Schedule with Key Milestones
Resolution No. 2023-132
Exhibit "A"

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Company
Classification Principal-InCharge
Senior Project
Manager
Senior Principle
Engineer Project Planner III Project EngineerIII
Project Engineer
II
Project Engineer
I
Systems Engineer
Construction
Engineer/Senior
Inspector
Staff Name Jason Stack Christian
Lambarth Phil Kern Phil Wragg B. Schlueter Gianluca Pesaresi Ivan Gonzalez Alain Hungerford Kevin Stone Hourly Rate $270.00 $210.00 $200.00 $160.00 $180.00 $150.00 $130.00 $180.00 $170.00 Task Task Description Total
Hours Total Cost

1.0 Project Management

1.1 Meetings, Schedule, Invoicing 4 24 12 $ 4,000.00 $ 1,900.00 40 $ 14,420.00

1.2 City Council/ Traffic Commission Meetings 4 6 6 12 28 $ 5,100.00

2.0 As-Built Research, Utility Coordination, and Field
Reviews

2.1 As-Built Reseach 1 6 7 $ 1,110.00

2.2 Utility Coordination 1 2 4 20 27 $ 3,870.00

2.3 SDG&E Service Requests 2 10 $ 2,200.00

2.4 Utiltiy Potholing 1 6 12 50 $ 12,500.00 $ 22,690.00

2.5 Field Reviews 2 2 8 8 4 4 28 $ 4,860.00

3.0 Topographic Survey and Base Mapping

3.1 Aerial Topographic Survey $ 10,000.00 - $ 10,000.00

3.2 Conventional Method Survey $ 3,000.00 - $ 3,000.00

4.0 Environmental Approval

4.1 NEPA $ 7,037.00 - $ 7,037.00

4.2 CEQA $ 4,548.00 - $ 4,548.00

4.3 Cultural Resources $ 7,000.00 - $ 7,000.00

4.4 Initial Site Assessment $ 12,207.00 - $ 12,207.00

5.0 Alternatives Analysis

5.1 Prepare 2 Alternative Concepts 2 4 6 12 24 45 $ 1,500.00 93 $ 15,690.00

6.0 Traffic Operations Analysis Report

6.1 Data Collection 5 $ 1,400.00 5 $ 2,200.00

6.2 Traffic Operations Analysis Report 2 6 80 4 92 $ 15,320.00

6.3 Prepare Traffic Signal Timing Plans (Alternative Scope A) 4 40 44 $ 8,280.00

7.0 Drainage Study and Water Quality Compliance

7.1 Drainage Study $ 2,500.00 - $ 2,500.00

7.2 Storm Water Quality Management Plan $ 4,500.00 - $ 4,500.00

8.0 Detailed Design

8.1 Traffic Signal Basis of Design (Alternative Scope A) 1 4 20 4 29 $ 5,430.00

8.2 Plans (Alternative Scope A) 5 15 25 120 220 365 10 760 $ 113,284.00

8.3 Plans (Alternative Scope B) 5 15 25 115 200 350 10 $ 107,434.00

8.3 Project Specifications and Bid Documents 2 7 7 40 3 3 62 $ 11,637.00

8.4 Construction Schedule 2 3 14 3 22 $ 4,063.00

8.5 Engineers Estimate of Probable Cost 2 3 7 15 3 31 $ 5,134.00

8.6 Produce Final PS&E 1 2 2 7 11 $ 2,150.50

9.0 Bidding and Construction Support

9.1 Bidding Support 6 6 12 $ 2,460.00

9.2 Construction Support 2 4 6 8 4 2 26 $ 4,880.00

9.3 Record Drawings 1 2 4 12 $ 500.00 19 $ 3,550.00
35 107 111 85 372 477 858 55 37 -$ $ 13,000 $ 34,792 $ 10,900 $ 1,400 $ 12,500 2,137 $ 299,121
Total Alternative Scope B - Roundabout $ 279,561
Count Company
Total Alternative Scope A - Signalized Intersection
STC Traffic, Inc.

Total Hours
SAMPO HELIX Potholing
Contractor
Subconsultants (Lump Sum)
RE Services Nasland

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Total Fee for STC Traffic South Escondido Access
Improvements Project (RFP# 24-05)
STC Traffic, Inc. | South Escondido Access Improvements Project Cost Proposal Page 1 of 1 Resolution No. 2023-132
Exhibit "A"

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STAFF REPORT
December 06, 2023
File Number 0470-20

SUBJECT
SIDE LETTER BETWEEN CITY OF ESCONDIDO AND THE ESCONDIDO POLICE OFFICER’S ASSOCIATION,

NON-SWORN BARGAINING UNIT

DEPARTMENT
Human Resources

RECOMMENDATION
Request the City Council adopt Resolution No. 2023-170 authorizing the City’s negotiating team to execute a Side Letter Between the City of Escondido and the Police Officer’s Association, Non-Sworn Police.

Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources

FISCAL ANALYSIS
The cost to the General Fund for Fiscal Year 2023-2024 is $9,655.

PREVIOUS ACTION
On August 11, 2021, the City Council voted to adopt the MOU between the Escondido City Employees’ Association Administrative, Clerical & Engineering Bargaining Unit and the City of Escondido, for a twoyear term that expired on June 30, 2023.

BACKGROUND
Resolution No. 2023-48 was approved by the City Council on April 19, 2023, which executed the decertification of the Escondido City Employees’ Association Administrative, Clerical & Engineering Bargaining Unit and the placement of eight of those employees in the Escondido Police Officer’s Association, Non-Sworn Police Bargaining Unit. City staff and the Police Officer’s Association, Non-Sworn Police Bargaining Unit have reached an agreement for the former Escondido City Employees’ Association Administrative, Clerical & Engineering Bargaining Unit members, who are now NSP members, that will address immediate compensation changes. All other terms and conditions of the previous Escondido City Employees’ Association ACE Bargaining Unit MOU shall remain in full force and effect for the former ACE members.
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Both parties understand the importance of maintaining good labor relationships to serve the community.

RESOLUTIONS
a. Resolution No. 2023-170
b. Resolution No. 2023-170 Exhibit “A”
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RESOLUTION NO. 2023-170

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE CITY’S

NEGOTIATING TEAM TO EXECUTE, ON BEHALF OF THE

CITY, A SIDE LETTER BETWEEN THE CITY OF ESCONDIDO
AND POLICE OFFICER’S ASSOCIATION NON-SWORN

POLICE BARGAINING UNIT
WHEREAS, negotiating teams from the City of Escondido (“City”) and the Police Officer’s Association, Non-Sworn Police (“Union”), have been duly appointed and have been conducting meet-andconfer sessions with respect to matters affecting both parties; and WHEREAS, a side letter by the City and the Union, is necessary as a result of meeting and conferring in good faith concerning wages, hours, and other terms and conditions of employment; and WHEREAS, it is the intent of the side letter to provide for the continuation of the harmonious relationship between the City and the Union; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve a Side Letter and certain other modifications.

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’s negotiating team is authorized to execute, on behalf of the City and the City Council, a side letter reflecting the immediate compensation changes for the Administrative, Clerical & Engineering employees within the Police Officer’s Association, Non-Sworn Police Bargaining Unit, as set forth in Exhibit “A”, which is attached to this Resolution and incorporated by this reference. 257
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STAFF REPORT
December 6, 2023
File Number 0800-30

SUBJECT

A REQUEST TO REMOVE A CONDITION OF APPROVAL APPLIED TO A MAJOR PLOT PLAN REQUIRING

FUNDING OF ONGOING MUNICIPAL SERVICES REQUIRED BY THE PROJECT

DEPARTMENT
Development Services Department, Planning Division

RECOMMENDATION
Request that the City Council uphold the Planning Commission recommendation of denial (4-2-1) to modify a Major Plot Plan in order to eliminate a condition of approval requiring funding of ongoing municipal services. The request is for a project condition of approval required for a 44-unit apartment project located at 1860, 1866, 1870 & 1896 S. Escondido Blvd. and the City Council may a) adopt Resolution No. 2023-152, denying a modification and upholding a condition of approval; or b) adopt Resolution No. 2023-153, granting the modification and waiving the condition of approval.

Staff Recommendation: Recommend City Council deny the modification request and uphold the Planning Commission’s denial (Development Services Department: Veronica Morones) Planning Commission Recommendation: Denial to modify a Major Plot Plan to eliminate a condition of approval of ongoing municipal services. (Vote: 4-2-1)
Presenter: Veronica Morones, City Planner

BACKGROUND
The Planning Division issued an administrative approval for a Major Plot Plan, inclusive of a density bonus, on April 5, 2022, for a 44-unit apartment complex located at northeastern corner of S. Escondido Blvd. and Vermont Avenue (addressed as 1860, 1866, 1870 & 1896 S. Escondido Blvd.) The Project approval includes four units that will be deed-restricted for very-low-income households as detailed in Attachment 1 (Major Plot Plan Conditional Letter of Approval). The Applicant/Owner signed an “Acknowledgement and Acceptance of Conditions of Approval,” dated April 14, 2022, which included Condition of Approval No. 15 to fund operational costs of providing municipal services for Community Facilities District No. 2020-

01. The applicant requests to modify the Major Plot Plan to eliminate the condition of approval that requires the developer to fund ongoing operational costs of providing municipal services required for the approved project. The applicant contends the modification request is necessary in order to make the project 258
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financially feasible as detailed in the request letter submitted by the applicant in April 2023, provided under Attachment 2 (Applicant Request Letter). All other aspects of the approved project are not subject to this request.

This request was originally noticed and scheduled for the August 22, 2023 Planning Commission meeting; however, the item was continued to the September 12, 2023 meeting. At the September 12th meeting, the Planning Commission voted 4-2-1 to recommend denial of the request to City Council.

FISCAL ANALYSIS
Based on the adopted Director Decision approving the Major Plot Plan, the subject property falls under the “Urban V” rate at $778.01 (Fiscal Year 22-23) per unit per year through June 30, 2023. This rate reflects the overall project density of 40 units/acre. Based on the proposed 44-unit development, the 2022/2023 estimated annual amount for ongoing services is $34,232 (44 units x $778.01 rate), subject to an 2% annual adjustment.

As a part of the City of Escondido’s ongoing effort to address projected budget shortfalls, the city conducted a Fiscal Impact Analysis (“FIA”) for new residential development in 2019. The FIA determined the per capita cost of providing municipal services for new residential development involving Police, Fire, Public Works, Community Services, and General Services (support departments) exceeds the anticipated revenue received, including property taxes, property tax in lieu of vehicle license fees, intergovernmental, property transfer tax, fines, forfeitures, permits, licenses, and sales tax generated by new residents. Based on these findings, the current structural budget deficit is anticipated to increase with each new residential development project approved. Below is a summary of the FIA findings by development type for a typical 5-acre site at the time the analysis was conducted:

Single Family Small Lot Single
Family
Townhomes Apartment/Condos
Project Size (5-acre site) 25 units 75 units 125 units 200 units Avg. Density 5 units/acre 15 units/acre 25 units/acre 40 units/acre Revenue Generate $52,900 $128,800 $157,900 $204,700
Cost to Provide
Municipal Services
$66,300 $184,500 $248,500 $361,200
Annual Unfunded Cost $13,400 $55,700 $90,600 $156,500
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Unfunded Cost/Unit $536 $743 $725 $783
City policy currently requires all residential development to offset its impact on the general fund by providing an ongoing funding source to pay for public services demanded by the project. The following is a brief history of the creation, purpose, and implementation of that policy:
 On June 12, 2019, the City Council directed staff to investigate all options to address the structural budget deficit to ensure the budget deficit does not grow as the City develops, including evaluating the feasibility of a Citywide Services Community Facilities District (“CFD”) as a streamlined means for projects to offset their ongoing impact to the general fund.  On April 8, 2020, the City Council indicated its intent to require new residential development to offset the ongoing costs of providing public services.
 On May 13, 2020, the City Council held a duly noticed public hearing and adopted Resolution No. 2020-44 (Resolution of Formation) establishing CFD 2020-1, the Citywide Services CFD.  On September 16, 2020, the City Council adopted Resolution No. 2020-115 annexing five projects with 66 units into CFD 2020-1 creating the second (2) zone of the Services CFD (Zone 2020-2).  On September 23, 2020, the City Council restated its intent to require new residential development to offset the ongoing costs of providing public services, specifically noting that the requirement be applied to any project approved after May 13, 2020.  On October 21, 2020, the City Council adopted Resolution No. 2020-147 annexing a 42-unit project located at 2608 S. Escondido Blvd. into CFD 2020-1 and creating the third (3) zone of the Services CFD (Zone 2020-03).
 On November 18, 2020, the City Council adopted Resolution No. 2020-160 annexing two (2) projects containing 21 units into CFD 2020-1 creating the fourth zone of the Services CFD (Zone 2020-04).
 On July 21, 2021, the City Council adopted Resolution No. 2021-77 approving the special tax rate for CFD 2020-1 (Public Services) for fiscal year 2021/22.  On September 15, 2021, the City Council adopted Resolution No. 2021-130 annexing three (3) projects containing 65 units into CFD 2020-1 creating the fifth (5) zone of the Services CFD (Zone 2020-5).
 On March 2, 2022, the City Council adopted Resolution No. 2022-14 annexing two (2) projects containing 44 units into CFD 2020-1 creating the sixth (6) zone of the Services CFD (Zone 2020-6).  On July 20, 2022, the City Council adopted Resolution No. 2022-87 approving the special tax rate for CFD 2020-1 (Public Services) for fiscal year 2022/23.

Council policy requires that all new residential developments off-set their impacts to ongoing municipal services. This requirement is identified as Condition of Approval II.15 in the Letter of Conditional Approval dated April 5, 2022(See Attachment “1”). Specifically, the condition states:
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“Community Facility District or Funding Mechanism. The Applicant shall fund all on-going operational costs of providing municipal services required for the Project, the amount of such funding to be determined by the City Council at the time of Project approval. Such funding shall occur through either an agreement to form or annex into a Community Facilities District (“CFD”) or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). The provisions of the Public Services Funding Agreement shall specify any terms and limitations necessary to implement the CFD or other funding mechanism to offset the impacts to public services associated with the project. The City Manager, or City Manager’s designee, shall be authorized to approve and execute the Public Services Funding Agreement, and the Public Services Funding Agreement shall be finalized prior to the City’s issuance of any permit for the Project.” The condition cited above is consistent with existing City Council policy requiring all residential development to offset its impact on the general fund by providing an ongoing funding source to pay for public services demanded by the project.

The condition provides an option for the applicant to either form or annex into the CFD or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Should the applicant choose to form or annex into a CFD, the estimated fee based on the density of the project (Fiscal 20222/2023), which is adjusted annually, is identified in the table below:

CFD (2022/2023)
levy per unit Total # of Total annual Cost per unit
40+ du/ac (year) Units levy monthly
$778.01 44 $34,232 $64.83
Modification to a Major Plot Plan in order to eliminate a condition of approval requiring funding of ongoing municipal services requires review by the Planning Commission. However, because the Planning Commission does not have the authority to waive City Council policies and fees, they serve in an advisory role to the City Council on this matter. For context, the City Council considered two project appeals (fall of 2022) of the same condition of approval that requires new residential development to offset its fiscal impacts to ongoing municipal services. In both instances, the City Council granted the appeal of the standard condition of approval and waived the requirement for payment for ongoing municipal services for those two projects. However, it should be noted that both of those requests involved an appeal of the condition within the allotted 10-day appeal period whereas this request is a modification to the Major Plot Plan previously approved in April 2022.
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DENSITY BONUS ANALYSIS
Density bonus law (Government Code section 65915 et. seq.) and Article 67 of the Escondido Zoning Code (Density Bonus and Residential Incentives) are intended to encourage the development of affordable housing. This is accomplished through the allowance for an increase in residential density above what would typically be allowed for a property, and through the provision of incentives and waivers from development standards that make construction of the project infeasible.

Allowable increases in density are based on a sliding scale that involves the percentage of affordable units being provided, and the level of affordability of those units. Current zoning for the subject property would allow a total of 32 base units; however, by deed restricting 13% of those units (amounting to four-units) for very-low-income households, the project is eligible for a 42.5% increase in allowable density (12 units), resulting in a total allowance of 44 units.

The percentage of affordable units and level of affordability also entitles the applicant to three incentives and concessions. The applicant requested no incentives for this project; however, the applicant did request a concession for the reduction in required open space (from 300 square feet per unit to 205 square feet per unit). Under the requested modification to the Major Plot Plan, the applicant now requests the elimination of the requirement to fund ongoing operational costs of providing municipal services required for the project as an incentive to facilitate the construction of the project.

Government Code section 65915(l) states that density bonus law “…does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.” Similarly, section 33-1414(a)(2)(E) of the City of Escondido Municipal Code states that “the city council may, but is not required to, provide direct financial incentives, including direct financial aid in the form of a loan or grant, the provision of publicly owned land, or the waiver of fees or dedication requirements.” Staff has applied the condition of approval in question based on existing City Council Policy. Neither City policy nor the Government Code give staff the authority to waive or modify the condition; however, the City Council does have the authority to do so.

PLANNING COMMISSION RECOMMENDATION
The Planning Commission considered the modification request at its September 12, 2023 meeting and denied the applicant’s request to modify a Major Plot Plan by a vote of 4-2-1; Commissioners Barber and Mecaro voted no; Commissioner Barba was absent. A copy of the Planning Commission staff report is included with this report as Attachment 3.

The Commissioners discussed the difference between the two prior appeals of the specific condition of approval and this modification to a Major Plot Plan to eliminate the specific condition of approval requiring funding of ongoing municipal services. During deliberation, Commissioner Barber moved to 262
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grant the modification for the four-units that would be deed-restricted as affordable units, motion was seconded by Commissioner Mecaro, but failed to gain a majority (2-4-1 voting), and as a result, failed.

After subsequent deliberation and questions on processing and timing, Commissioner Speer offered a motion to approve staff’s recommendation to deny the modification and was seconded by Commissioner Weiler. The Planning Commissioners voted for the denial by a 4-2-1 vote, as noted above.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) Guideline’s list classes of projects that have been determined to not have a significant effect on the environment and as a result are exempt from review under CEQA. The Project site is located within a developed urban area of the city and previously developed with residential structures. The proposed project qualifies for a categorical exemption from CEQA pursuant to CEQA Guidelines section 15332, “Infill Development Project.” A CEQA Notice of Exemption was issued for the Project and posted with the County Clerk’s Office in accordance with CEQA.

CONCLUSION
The Director of Development Services, in his capacity to approve Major Plot Plan permits, applied a standard condition of approval requiring the approved project to fund all on-going operational costs of providing municipal services based on existing City Council policy. Staff acknowledges that both the Government Code and Escondido Zoning Code allow the City to modify the condition at the discretion of the City Council, and the Planning Commission recommended that the City Council deny the request. As such, and because the Planning Commission is serving in an advisory role to City Council on this modification request, staff recommends the City Council deny the modification request and uphold the Director’s decision to approve the Project subject to all Conditions of Approval contained in the Conditional Letter of Approval (Attachment 1).

RESOLUTIONS
a. Resolution No. 2023-152, Denial of Modification (Exhibits A and B) b. Resolution No. 2023-153, Granting Modification (Exhibits A and B)

ATTACHMENTS
a. Plot Plan Conditional Letter of Approval (excerpted) - dated April 5, 2022 b. Applicant Request Letter
c. Planning Commission Staff Report (excerpted) - dated September 12, 2023 263
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Plot Plan Conditions of Approval (excerpted)
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Applicant Request
Letter
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Planning Commission Staff Report (excerpted)
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RESOLUTION NO. 2023-152

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, DENYING THE REQUEST TO

MODIFY A MAJOR PLOT PLAN APPROVAL TO ELIMINATE

THE REQUIREMENT TO OFFSET COSTS ASSOCIATED WITH

FUNDING OF ONGOING MUNICIPAL SERVICES
WHEREAS, Vermont Escondido Apartments LLC (“Applicant”), filed a land use development application on May 16, 2019 and April 11, 2023, Planning Case No.’s ADM19-0092 and PL23-0176, respectively, (“Application”), constituting a request for a Major Plot Plan for a 44-unit apartment complex, inclusive of a density bonus request which included four deed-restricted very-low-income units (“Project”), on a 1.05-acre site located at 1860, 1866, 1870 & 1896 S. Escondido Blvd. (Assessor’s Parcel Numbers 236-260-34-00, 236-260-35-00, 236-260-36-00, and 236-260-37-00), in the South Centre City Specific Plan; and
WHEREAS, the subject property is all that real property described in Exhibit “A” which is attached hereto and made a part hereof by this reference as though full set forth herein (“Property”); and WHEREAS, the Project was approved by the Director of Development Services, on April 5, 2022, in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and WHEREAS, pursuant to CEQA and 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 Project, and it was determined that the Project as a whole is categorically exempt from further review pursuant to CEQA Guidelines section 15332 (Class 32) – Infill Development Projects; and
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WHEREAS, the Planning Division studied the Application, performed necessary investigations, and the Director of Development Services approved the Major Plot Plan for the Project as depicted in the administrative approval and subject to all conditions of approval included in the administrative approval; and
WHEREAS, Applicant filed a request to modify the Project on April 11, 2023, in order to eliminate a condition of approval requiring the funding of ongoing operational costs of providing municipal services to the project; and
WHEREAS, no other aspect of the Major Plot Plan approval has been appealed or modified, and all other components of the Project have been approved and are not subject to an appeal or modification; and
WHEREAS, on September 12, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the Planning Commission received and considered the report and recommendation of the Planning Division and gave all persons a full opportunity to be heard and to present evidence and testimony, regarding the modification. Evidence was submitted to and considered by the Planning Commission, including, without limitation:
a. Written information and other material submitted by the Applicant; b. Oral testimony from City staff, interested parties and the public; c. The staff report, dated September 12, 2023, with its attachments as well as City staff recommendation on the modification;
d. Additional information submitted during the public hearing; and WHEREAS, following the public hearing, the Planning Commission adopted Resolution No. 2023- 15, recommending that the City Council deny the requested Major Plot Plan modification; and 290
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WHEREAS, On November 15, 2023, the City Council held a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the City Council, including without limitation:
a) written testimony from City staff, interested parties, and the public; b) oral testimony from City staff, interested parties and the public; c) the City Council staff report, dated November 15, 2023, with its attachments as well as City staff recommendation on the request, which is incorporated herein by this reference as though fully set forth herein;
d) the Planning Commission’s recommendation; and
d) additional information submitted during the public hearing.

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 Findings of Fact attached hereto as Exhibit “B” are hereby made by this City Council, and represent the City Council’s careful consideration of the record. The findings of this City Council contained in Exhibit “B” shall be the final and determinative Findings of Fact related to this modification.

3. That upon consideration of the Findings, the staff report dated November 15, 2023 (a copy of which is on file in the Office of the City Clerk), public testimony presented at the meeting, and all other oral and written evidence regarding the Major Plot Plan, the City Council hereby denies the request to modify the Project approval to eliminate Condition of Approval, Planning Division II. General: #15. 291
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Exhibit “A”
Legal Description
Resolution No. 2023-152
Exhibit "A"

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Resolution No. 2023-152
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EXHIBIT “B”

FINDINGS OF FACT
The City Council has reviewed the record, and makes the following findings for:
1) Denial of the Major Plot Plan modification to eliminate a condition of approval requiring funding of ongoing operational costs of providing municipal services required by the Project. 2) Modification
a. On September 23, 2020, following multiple public hearings, the City Council adopted a policy requiring all new residential development approved after May 13, 2020, to pay for their ongoing costs of providing municipal services.
b. Granting of the requested modification is contrary to the City Council adopted policy requiring future residential projects to fund all on-going operational costs of providing municipal services.

Resolution No. 2023-152
Exhibit "B"

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RESOLUTION NO. 2023-153

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, GRANTING A REQUEST TO

MODIFY A MAJOR PLOT PLAN APPROVAL TO ELIMINATE

THE REQUIREMENT TO OFFSET COSTS ASSOCIATED WITH

WHEREAS, on November 15, 2023, the City Council held a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the City Council, including without limitation:
a) written testimony from City staff, interested parties, and the public; b) oral testimony from City staff, interested parties and the public; c) the City Council staff report, dated November 15, 2023, with its attachments as well as City staff recommendation on the request, which is incorporated herein by this reference as though fully set forth herein;
d) the Planning Commission’s recommendation; and
d) additional information submitted during the public hearing.

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

1. That the foregoing recitations are true.

3. That upon consideration of the Findings, the staff report dated November 15, 2023 (a copy of which is on file in the Office of the City Clerk), public testimony presented at the meeting, and all other oral and written evidence regarding the Major Plot Plan, the City Council hereby grants the request to modify the Project approval to eliminate Condition of Approval, Planning Division II. General, #15. 298
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Exhibit “A”
Legal Description
Resolution No. 2023-153
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Resolution No. 2023-153
Exhibit "A"

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EXHIBIT “B”

FINDINGS OF FACT
The City Council has reviewed the record, and makes the following findings for:
1) Granting the Major Plot Plan modification to eliminate a condition of approval requiring funding of ongoing operational costs of providing municipal services required by the Project. 2) Modification
a. On September 23, 2020, following multiple public hearings, the City Council adopted a policy requiring all new residential development approved after May 13, 2020, to pay for their ongoing costs of providing municipal services. However, the City’s required regional housing needs assessment (RHNA) identified a goal of an additional 9.607 housing units, 1,864 of which need to provide housing to very-low income individuals or families. The four deed-restricted units for very-low income households included in the project will help contribute to that goal. Additional ongoing costs would negatively impact the ability to provide these deed-restricted units.
b. Removal of the Condition of Approval No. 15 would support the City Council adopted Housing Element policies promoting the development of very-low income deed-restricted housing units to meet the City’s RHNA goals, and removing the funding requirements would support the development of very-low income deed-restricted units.

Resolution No. 2023-153
Exhibit "B"

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STAFF REPORT
December 06, 2023
File Number 0810-20

SUBJECT
PL22-0603/PL23-0239/PL22-0604 – A REQUEST FOR A ZONE MAP AMENDMENT, ZONE TEXT

AMENDMENT, AND MAJOR PLOT PLAN FOR GOAL LINE BATTERY STORAGE UTILITY

DEPARTMENT
Development Services Department, Planning Division

RECOMMENDATION
Request that the City Council conduct a public hearing on the development proposal and take action on the recommendation of City staff and the Planning Commission, which recommend the City Council:
1) Adopt Resolution No. 2023-160, approving a Major Plot Plan Permit for construction of a lithium-ion battery storage utility, and adoption of a Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program prepared for the Project, and make certain Findings of Fact in conformance with the California Environmental Quality Act (CEQA).
2) Introduce Ordinance No. 2023-16, approving a Zone Map Amendment to amend the zoning designation for the subject property from Planned Development – Industrial (PD-I) to General Industrial (M-2).
3) Introduce Ordinance No. 2023-17, approving a Zone Text Amendment to amend the Escondido Zoning Code to allow for an increase fence height on a case-by-cases basis for industrial and commercial zoned properties through issuance of an Administrative Adjustment Permit
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Interim Director of Development Services)
Presenter: Ivan Flores, AICP, Senior Planner

FISCAL ANALYSIS
The applicant will be responsible for payment of Development Impact Fees prior to issuance of building permits.
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PROJECT DESCRIPTION
Onward Energy (“Applicant”) requests approval of the following entitlements: a Zone Map Amendment to rezone the subject property from Planned Development – Industrial (PD-I) to General Industrial (M-2); a Zone Text Amendment to amend the Escondido Zoning Code to allow for an increase in fence height for commercial and industrial zoned properties subject to an Administrative Adjustment Permit, unless the request is associated with a discretionary action; and a Major Plot Plan for the development of a lithiumion battery storage utility (“Project”).

A detailed Project description can be found in the October 24, 2023 Planning Commission staff report (Attachment “1”).

LOCATION
The Project is located on the south side of Tulip Street, between Hale Avenue and West Valley Parkway and Is addressed at 555 N. Tulip Street (Assessor’s Parcel No.: 232-131-25-00).

ANALYSIS
The Project includes a Zone Map Amendment to rezone the subject property from PD-I to M-2 to facilitate the construction of a lithium-ion battery storage utility and ancillary improvements, such as fences and walls, landscaping, improvements to onsite circulation, and demolition of existing buildings and structures. As discussed above, and in the Planning Commission staff report dated October 24, 2023, the rezone of the subject property would make it consistent with the GI General Plan Land Use designation, and is appropriate for the site given the surrounding zoning designations of Light Industrial (M-1) and General Industrial (M-2). Additionally, the Project includes a Zone Text Amendment (ZTA) to allow for an increase in fence height for commercial and industrial zoned properties through the Administrative Adjustment Permit process. The ZTA would allow for property owners in the commercial and industrial zones to increase their fence height from 8’-0” to 10’-0” and 12’-0”, respectively. This would require a Notice of Intended Decision, and would allow surrounding property owners to appeal the decision of the Director of Development Services to the Planning Commission. Under the ZTA, if an Administrative Adjustment request is associated with a discretionary action, the request would be reviewed by the appropriate hearing body on the discretionary action. The Major Plot Plan is required for uses allowed byright, and “utilities” are allowed by-right in the M-2 zoning district. Typically, a Major Plot Plan would be reviewed and approved by the Director of Development Services; however, pursuant to the Escondido Zoning Code, the Plot Plan is elevated due to accompanying legislative actions that require City Council review and approval.

A complete analysis of the various actions before City Council may be found in the attached Planning Commission staff report (Attachment “1”).
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PLANNING COMMISSION ACTION
The Planning Commission considered the Project at its October 24, 2023 meeting, and the staff report is included as Attachment “1.” The Planning Commission voted 5 – 1 – 1 recommending approval of the Project to the City Council. Planning Commission received no public comments for the Project. During the public hearing, several Planning Commissioners voiced the following concerns:

1. The rezone of the site from Planned Development Industrial (PD-I) to General Industrial (M-2) is inappropriate.

City staff response: The site has a General Plan Land Use designation of General Industrial (GI) which supports a wide range of industrial uses. The PD-I zoning district was adopted to facilitate the development of the Ice-O-Plex and the natural gas facility. The existing zoning district is not currently outlined in the City’s adopted 2012 General Plan, and is not identified in the Escondido Zoning Code creating an inconsistency. Due to the closure of the Ice-o-Plex, the Applicant proposes to rezone the subject property to ensure consistency between the General Plan Land Use designation and the Escondido Zoning Code. The rezoning of the property would allow for redevelopment to a use that would complement the existing natural gas facility and align with the existing land use designation.

2. The Applicant not specifying a battery unit during the entitlement process.

City staff response: As discussed in the Planning Commission staff report, the Applicant provided an analysis of potential battery manufactures that may be selected (Attachment “4” of the Planning Commission staff report). Regardless of the battery manufacturer the Applicant selects, the chosen model would be designed, constructed, and operated pursuant to the California Fire Code (CFD). The City of Escondido Fire Department conditioned the Project (Condition of Approval No. G.1)to require the Applicant to select a battery manufacturer that complies with the National Fire Protection Association 855 (2023) and Chapter 12 of the CFD. Further, the Applicant is responsible for obtaining a Hazardous Material Business Plan from the County of San Diego’s Department of Environmental Health which requires review and approval by the City of Escondido Fire Department, prior to issuance of a building permit. Therefore, the Project has been conditioned to ensure no impacts to the public health, safety, and welfare will occur.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) applies to proposed projects initiated by, funded by, or requiring discretionary approvals from state or local government agencies. CEQA Guidelines Section 15367 states that a lead agency, in this case, the City of Escondido, is the agency that has the principal responsibility for carrying out or approving a project and is responsible for compliance with CEQA. As lead agency, the City must complete an environmental review to determine if implementation of the Project 304
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would result in significant adverse environmental impacts. In compliance with CEQA, an Initial Study (“IS”) was prepared to assist in making that determination. Based on the nature and scope of the Project and the evaluation contained in the IS environmental checklist, the City concludes that a Mitigated Negative Declaration (“MND”) is the appropriate level of analysis for the Project.

As provided in CEQA Statute Section 21064.5, and stated in CEQA Guidelines section 15070, an MND can be prepared when “(a) the initial study shows that there is not substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or (b) the initial study identifies potentially significant effects, but (1) revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and (2) there is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.” The MND prepared for the Project identified potentially significant impacts in the areas of Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources. However, through incorporation of mitigation measures, the impacts can be reduced to a less-than-significant level.

A Draft IS/MND was released for a 30-day public review period from July 13, 2023 to August 14, 2023. No comment letters were received during the public review period. The Final IS/MND identifies no new environmental impacts which have not been addressed through the aforementioned mitigation measures. The Final IS/MND is included as Exhibit “C” to the City Council Resolution No. 2023-160.

CONCLUSION AND RECOMMENDATION
The Project proposes construction of a lithium-ion battery storage utility that is compatible with the existing surrounding uses and makes efficient use of the property. The Project is located in an area that consists of heavy industrial uses; is separated from commercial uses to the south by the existing flood channel; and is not located near residential uses as the nearest residential use is located approximately 900-feet to the south. The proposed use would complement the existing natural gas facility, demolish a vacant building, and redevelop a partially inactive site (former Ice-o-Plex area). The redevelopment of the site would introduce new landscaping and screening for the proposed use, and would make better use of the site than currently exist.

Based on the analysis contained in this staff report, in addition to the October 24, 2023 Planning Commission report, staff recommends that the City Council adopt the Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program prepared, and approve the Project as conditioned.

RESOLUTIONS
a. Resolution No. 2023-160
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b. Resolution No. 2023-160 with Exhibits A - F

ORDINANCES
c. Ordinance No. 2023-16
d. Ordinance No. 2023-16 with Exhibits A - C
e. Ordinance No. 2023-17
f. Ordinance No. 2023-17 with Exhibit A - C

ATTACHMENTS
a. Attachment “1” – October 24, 2023, Planning Commission staff report 306
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DATE: October 24, 2023
PL22-0603/PL22-0604/PL23-0239 – Goal Line Battery Storage PROJECT NUMBER / NAME: PL22-0603/PL22-0604/PL23-0239 – 555 N. Tulip Street / Goal Line Battery Storage REQUEST: A request for a Zone Map Amendment to re-zone the subject property from Planned Development – Industrial (PD-I) to General Industrial (M-2). A request to amend the zoning ordinance to allow for an increase in fence height on a case-by-case basis for industrial and commercial zoned properties subject to an administrative adjustment application, unless associated with a discretionary action that requires a public hearing. A Major Plot Plan to facilitate the construction of a lithium-ion battery energy storage utility capable of delivering up to 50 megawatts (“MW”) of energy storage. The Project includes associated on-site and off-site improvements including but not limited to:
demolition of a portion of the existing building, construction of screening walls, and landscaping. The proposal also includes the adoption of an Initial Study/Mitigated Negative Declaration prepared for the project.

PROPERTY SIZE AND LOCATION: The approximately 6.32-
acre site is located on the south side of Tulip Street, between Hale Avenue and West Valley Parkway, and is
addressed at 555 N. Tulip St. (Assessor’s Parcel
Number(s): 232-131-25-00)
APPLICANT: Goal Line BESS 1 LLC and Goal Line LP
GENERAL PLAN / ZONING: General Industrial (GI)/Planned Development – Industrial (PD-I)PRIMARY REPRESENTATIVE: Emiliano Pelegri (Onward Energy)
DISCRETIONARY ACTIONS REQUESTED: Zone Map Amendment, Zone Text Amendment, and Major Plot Plan PREVIOUS ACTIONS: N/A
CEQA RECOMMENDATION: Recommend Adoption of the Final Initial Study/Mitigated Negative Declaration STAFF RECOMMENDATION: Recommend Approval
REQUESTED ACTION: Approve Planning Commission Resolution No. 2023-19 CITY COUNCIL HEARING REQUIRED: _X__YES ___NO
REPORT APPROVALS: Christopher McKinney, Interim Director of Development Services X Veronica Morones, City Planner
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Attachment "1"

STAFF REPORT
Attachment "1"
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BACKGROUND
The Project site is approximately 6.32 acres, and is located on the east side of North Tulip Street and is addressed at 555 N Tulip St (see Attachment 1). The general area consists of primarily industrial uses, and is adjacent to a flood control channel. The site is located within the General Industrial (GI) General Plan land use designation, and is zoned Planned Development – Industrial (PD-I) (see Attachment 2). The site was developed under 92-43-PD/CZ which facilitated the development of the existing natural gas facility, and the vacant ice-oplex facility.

SUMMARY OF REQUEST
Goal Line Bess 1, LLC and Goal Line LP (“Applicant”) submitted requests for a Zone Map Amendment to change the zone of the subject property from Planned Development Industrial (PD-I) to General Industrial (M-2); a Zone Text Amendment to amend Division 2 (Variances and Administrative Adjustments) in Article 61 (Administration and Enforcement) to allow for an increase in fence height on a case-by-case basis subject to an Administrative Adjustment Permit, unless associated with a discretionary action that requires a public hearing; and a Major Plot Plan to construct a lithium-ion battery energy storage utility capable of delivering up to 50 MW of energy storage (“Project”). No changes are proposed to the existing natural gas facility or operations on the project site.

The Project also includes the demolition of a portion of the existing vacant ice-rink building; construction of a decorative screen wall up to 12-feet around the property boundary for screening and security purposes; and various on- and off-site improvements related to landscaping, stormwater management, and driveway removal. The Applicant intends to utilize the remaining portion of the existing building for office space.

SUPPLEMENTAL DETAILS OF REQUEST
For the Major Plot Plan, the following details the minimum required development standards and the Project’s provided compliance. For the Zone Text Amendment, Attachment 3 details the proposed text changes shown in underlined/bolded text.

1. Property Size: 6.5 acres
Minimum Required* Provided

2. Lot Coverage/Floor Are Ratio: None .02

3. Building Height Uniform Building Code N/A**

4. Motor Vehicle Parking: N/A*** 11

5. Setbacks:
a. Front Yard: 10’-0” 20’-0”
b. Rear Yard: 0’-0” 20’-0”
c. Side Yard: 0’-0” 20’-0”

6. Open Space / Landscaping: Subject to Article 62 Complies with Article 62

7. Signage: Subject to Article 66 N/A
10 Item 2.

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*As required by the newly adopted M-2 zoning district
**No building is proposed as a part of the Project
***As determined by the Planning Commission for utilities (Section 33-767 of Article 39)

PROJECT ANALYSIS

1. General Plan Conformance:
a. Land Use and Community Form:

For the Zone Map Amendment, the subject property is located within the General Industrial (GI) land use designation of the City’s 2012 General Plan. The intent of this land use designation is to support a range of industrial uses, including utilities. The rezone to General Industrial (M2) would be consistent with the underlying land use designation in that Figure II-6 of the Land Use and Community Form chapter identified the M-2 zoning as the appropriate zoning designation for the GI land use designation. Further, the properties surrounding the project include sites with land use and zoning designations consistent with the proposed M-2 zone change. Specifically, properties to the northwest, northeast, and east of the site consist of M1 and M-2 zones with GI land use designations. The flood control channel abuts the southern portion of the project site. The nearest residential uses are located approximately 900-feet to the south of the project site, south of West Valley Parkway.

For the Zone Text Amendment, the amendment would allow for a maximum 25 percent and 50 percent increase in fence height for commercial and industrial zoned properties, respectively, through the administrative adjustments process. The proposed amendment would align with Land Use Policy 10.9, which seeks to “allow more flexible requirements affecting…screening of outside storage…depending on location and visibility from off-site areas on properties designated General Industrial.”
b. Economic Prosperity
Twenty-First Century Industries Policy 4.1: Maintain sufficient land for the long-term development of technology industries and corporate headquarter facilities For the Major Plot Plan, the Applicant intends to demolish an underutilized building and construct a battery energy storage facility—a newer technology --to support the long-term development of the site. The construction of a lithium-ion battery storage utility would ensure electrical reliability and stability within the local area. Based on the Project’s compliance with required development standards for the M-2 zone, the site is suitable for the type of development that is proposed.

2. Zoning Conformance:
a. Zone Map Amendment
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The Project involves a re-zone of the property from Planned Development – Industrial (PD-I) to General Industrial (M-2). The M-2 zoning designation is consistent with the General Plan Designation of General Industrial (GI) as indicated in Figure II-6 of the City’s Land Use and Community Form chapter of the 2012 General Plan and Section 33-563 (General plan compatibility) of the Escondido Zoning Code. The intent of the M-2 zoning district is to permit the widest range of manufacturing, warehousing, and other heavy industrial uses that require the least restrictive design standards. The proposed use is permitted by-right within the M-2 zoning district and is categorized as “utilities” as shown on the permitted and conditionally permitted principal uses in Section 33-564 of Article 26 (Industrial Zones). Therefore, the proposed M-2 zoning designation would be consistent with the existing land use designation of GI, and the proposed use of the subject property would be consistent with the M-2 zoning district.
b. Zone Text Amendment
The Project includes a request to amend Chapter 33 (Zoning) of the Escondido Municipal Code.

The request would amend Section 33-1221 (Administrative adjustment defined) and Sections 33-1223 (Application and Procedure) within Division 2 (Variances and Administrative Adjustments) of Article 61 (Administration and Enforcement) of Chapter 33. The proposed amendment would allow for a 25 percent and 50 percent increase in fence height for commercial and industrial zoned properties, respectively, through the administrative adjustment process, where currently such an option does not exist. Under existing regulations, commercial and industrial zones are subject to a maximum fence height of 8-feet when located outside the required front and street side yards. Therefore, the proposed amendment would allow for an overall increase in fence heights within the commercial and industrial zones (10- and 12-feet, respectively) subject to an Administrative Adjustment Permit. The proposed amendment includes language intended to streamline the review for such requests when associated with a discretionary action that requires a public hearing. This would maintain the public notification process that is typically done for an Administrative Adjustment Permit without requiring a separate application or Notice of Intended Decision, as staff would package the Administrative Adjustment Permit with the public hearing entitlements.

Specifically for the Project, the Zone Text Amendment would allow for the Applicant to construct 12-foot screen walls to shield the battery equipment from view, and secure the site.

The Applicant proposes screen walls outside of the required 10-foot front yard setback, constructed of decorative material. Furthermore, the heavy landscaping proposed in front of the screen walls will serve as a natural screen is conditioned as a part of Exhibit F (Condition of approval no. E.3). In order for the Applicant to utilize the newly amended administrative adjustment process, the Applicant shall be conditioned to apply for an Administrative Adjustment Permit subject to review and approval by the Development Services Director (Condition of approval no. E.5). Failure to obtain an Administrative Adjustment Permit, will result in the Applicant constructing 8’-0” screen walls as permitted by the Escondido Zoning Code.
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3. Site Design
a. Grading, topography, retaining wall, and fencing:

The project site is relatively flat and no major grading is proposed for the site. The Project includes a request to construct 12-foot screen walls along the project boundary and would complement the existing 20-foot screen wall that currently surrounds the existing natural gas facility. The screen wall would be constructed of decorative material and coated with antigraffiti coating to mitigate any issues with graffiti, as conditioned under Exhibit F (Condition of approval nos. E.2 and D.6.d, respectively).
b. Project Access and Circulation:

The project site is currently accessed from N. Tulip St. The Applicant proposes to remove two existing driveways while maintaining the two existing driveways on the northerly and southernly areas of the property as part of the Project. Circulation throughout the site would occur via a 20-foot-wide driveway for Fire Department access, located primarily around the perimeter of the site.
c. Open Space and Landscaping
The project site contains existing landscaping adjacent to N. Tulip St. which consists primarily of Washingtonia Robusta (“Mexican Fan Palm”) and a mix of shrubs. The Applicant would introduce additional trees such as a Vachellia Farnesiana (“Sweet Acaia”), Lagerstromemia Indica x Fuariei (“Comanche Crape Myrtle”), Laurus Nobilis (“Sweet Bay”), and Trachycarpus fortunei (“Windmill Palm”). Additionally, the Applicant would introduce groundcover, such as lava rock, to deter individuals who may seek to graffiti the screen wall. The Project includes a total of 104 trees in an effort to further screen the site, and the 12-foot screen wall would be covered by deciduous vines such as Parthenocissus tricuspidate (“Boston Ivy”). The Project would comply with Article 62 (Water Efficient Landscape Regulations) of the Escondido Zoning Code, and would not exceed the Maximum Allowable Water Allowance. d. Parking:

Pursuant to Section 33-766 (Parking requirements for land uses not specified) of the Escondido Zoning Code, parking rates for land uses which are not specified are determined by the Planning Commission. Private utility facilities are not listed within the City’s parking ordinance (Article 39); therefore, the Planning Commission retains authority in determining such rates.

Additionally, Section 33-767 (Parking provisions may be waived by commission) stipulates the Planning Commission may waive or modify off-street parking requirements for utilities based on the anticipated usage of the site. The Applicant proposes to maintain 11 of the existing offstreet parking spaces as a part of the Project. A majority of the proposed operations would be managed remotely, and a maximum of four employees would be on-site during the week. 13 Item 2.

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Based on these operational characteristics of the use, staff recommend the Planning Commission determine a minimum of 11 off-street parking spaces on site as adequate for the Project. Condition of approval no. C.1 ensures the project site would retain the 11 off-street parking spaces at all times.

4. Battery Energy Storage System (BESS) Enclosures
The Project involves the construction and operation of lithium-ion battery storage units that are capable of delivering up to 50 MW of energy storage with an 8-hour capacity. The energy stored within the battery enclosures would be discharged into the existing electrical grid when the energy is needed, providing important reliability services to the area. The dimensions of an enclosure vary between manufactures; however, they would be arranged in “blocks” across the site, as shown on the site plan. Enclosures would range in height based on the ultimate chosen battery manufacturer, with a low-end height of 10-feet, up to 20-feet in height for larger enclosures. Stacking of the enclosures is not anticipated; the analysis for the Project relative to the environmental document and the Project itself, assumed a worst-case scenario.

In the event the battery manufacturer chosen allows for larger enclosures to stack, condition of approval no. E.4 would require the Applicant to step back battery stacking to the extent feasible, and to the satisfaction of the Development Service Director.

At this time, the Applicant has not selected the ultimate make, model, and manufacturer of the batteries as they will need to evaluate models that are available at the time of Project construction. Regardless, the selected model would be designed, constructed, and operated pursuant to the California Fire Code (CFC). Furthermore, as required by the City General Plan 2012 Update Final EIR, the applicant will be need to obtain a Hazardous Material Business Plan (“HMBP”) from the County of San Diego’s Department of Environmental Health which will address three areas: 1) an inventory of the hazardous material, including a site map; 2) an emergency response plan; and 3) an employee training program. The Department of Environmental Health requires an applicant recertify their HMPB every year, which will apply to the project applicant. The Applicant provided a product and site review analysis of the potential battery storage units that may be selected as a part of their application (see Attachment 4). The purpose of the analysis is to evaluate the potential models that may be procured, and the applicable National Fire Protection Association 855 (2023) and Chapter 12 of the California Fire Code (2022) edition regulations that would apply to the Project. If the Applicant selects a make/model/manufacturer not identified on the product and site review analysis, they will still be responsible for selecting a product that complies with the aforementioned code sections, per Fire Department condition of approval no. G.3. Based on the review of the products detailed, all products would meet the minimum code requirements.

Additionally, the City’s Staff Development Committee provided condition of approval for the Project to ensure no impacts to the public health, safety, and welfare.

FISCAL ANALYSIS
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The applicant will be responsible for payment of all applicable Development Impact Fees as adopted by the City Council.

ENVIRONMENTIAL ANALYSIS
The California Environmental Quality Act (“CEQA”) applies to proposed projects initiated by, funded by, or requiring discretionary approvals from state or local government agencies. CEQA Guidelines Section 15367 states that a lead agency, in this case, the City of Escondido, is the agency that has the principal responsibility for carrying out or approving a project and is responsible for compliance with CEQA. As lead agency, the City must complete an environmental review to determine if implementation of the Project would result in significant adverse environmental impacts. In compliance with CEQA, an Initial Study (“IS”) was prepared to assist in making that determination. Based on the nature and scope of the Project and the evaluation contained in the IS environmental checklist, the City concludes that a Mitigated Negative Declaration (“MND”) is the appropriate level of analysis for the Project.

PUBLIC INPUT
In addition to public notification provided when the Draft IS/MND was released for public review, notification of this public hearing was provided consistent with the requirements of both the Escondido Zoning Code and State Law. Staff has not received any correspondence from the public regarding the Project as of the publication of this report.

CONCLUSION AND RECOMMENDATION
The Project proposes construction of a lithium-ion battery storage utility that is compatible with the surrounding uses and makes efficient use of the Property. The Project is located in an area of the City that consist of industrial uses, is separated from commercial uses to the south by the existing flood channel, and is not located near residential uses. The Project would redevelop a portion of a site that has a vacant building 15 Item 2.

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and empty parking lot. The redevelopment of the site would introduce new landscaping and screening for the proposed use, and would make better use of the site than currently exist. Additionally, the Project would provide energy storage with an 8-hour capacity increasing electrical reliability services to the local area.

Staff recommends that the Planning Commission adopt Resolution 2023-19, recommending City Council adopt the Mitigated Negative Declaration prepared for the Project included as “H” to said Resolution, and approve the Zone Map Amendment, Zone Text Amendment, and Major Plot Plan, based on the findings of fact and conditions of approval included as Exhibits “F,” and “G,” respectively, to said Resolution.

ATTACHMENTS

1. Location Map

2. General Plan and Zoning Maps

3. Zone Text Amendment (Underline/Bolded)

4. Product and Site Review Report by Jensen Hughes (dated June 6, 2023)

5. Draft Planning Commission Resolution No. 2023- 19 including Exhibits A - H 16 Item 2.

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ATTACHMENT 1

LOCATION MAP
17 Item 2.

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ATTACHMENT 2

GENERAL PLAN LAND USE DESIGNATION AND ZONING
18 Item 2.

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ATTACHMENT 3

ZONE TEXT AMENDMENT
*Proposed changes shown as Underline/Bolded text
Sec. 33-1221. Administrative adjustment defined.

Administrative adjustment is a reduction or exceedance of certain standards prescribed in the zoning code, which may be granted in accordance with the requirements of this division. An administrative adjustment may not be granted which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. Administrative adjustments may be requested for the following property development standards:
(a) Up to a twenty-five (25) percent reduction of required yards/setbacks for structures, signs, and parking areas;
(b) Reductions up to twenty-five (25) percent of the required number of parking spaces for uses in non-residential zones, pursuant to section 33-764 of this chapter. (c) Increases above the fifty (50) percent limitation on the cumulative costs of improvements as a percentage of the replacement value of the nonconforming use for a nonconforming single-family residential structure in a single-family zone, pursuant to section 33-1243 of this chapter. (d) Modifications of the identified front, street side, side and rear lot lines of a lot in order to facilitate orderly development on a parcel subject to unusual circumstances, including but not limited to, topography, grading, drainage and stormwater treatment, utility facilities, easements, access and other site constraints or development requirements.
(e) Up to a twenty-five (25) percent increase in fence height for commercially zoned properties, and up to a fifty (50) percent increase in fence height for industrially zoned properties.
(f) Other adjustments as specified by this chapter.

Sec. 33-1223. Application and procedure.
(a) Application. Application for a variance may be initiated by the property owner or agent of the property affected, or the city council. Application for an administrative adjustment may be initiated by the property owner or owner’s agent. An application shall be made on forms provided by the city and shall be accompanied by a fee in the amount established by resolution of the city council. The application shall further be accompanied by such materials as may be required by the zoning administrator and director.
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(b) Variance Procedure. The zoning administrator shall hold a public hearing pursuant to Division 6 of this article. Such hearing may be continued from time to time as deemed necessary by the zoning administrator.
(c) Administrative Adjustment Procedure. The director shall review the requested adjustment, the applicant’s justification, the compatibility with adjacent properties or improvements and any other pertinent factor(s). If an administrative adjustment is associated with a discretionary application that requires a public hearing, the request shall be reviewed by the appropriate decisionmaking body for the discretionary action, and a separate application or Notice of Intended Decision is not required.
21 Item 2.

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ATTACHMENT 4

PRODUCT AND SITE REVIEW REPORT
22 Item 2.

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Rev 1

ONWARD ENERGY GOAL LINE ENERGY STORAGE
Outdoor Battery Energy Storage System
Product and Site Review

PREPARED FOR
Onward Energy
Austin Porter
[email protected]
Project #: 1WNF22033
Date: 6/6/2023
William N. Fletcher, PE
11545 West Bernardo Court, Suite 300
San Diego, CA 92127
[email protected]
1-619-310-9576
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(Onward Energy Goal Line Energy Storage) 1WNF22033
Page ii | June 7, 2023 | Rev 1
Table of Contents
INTRODUCTION..................................................................................................................................................... 1 CODES AND STANDARDS.................................................................................................................................... 1 SITE REVIEW ......................................................................................................................................................... 1 Fire Department Access ....................................................................................................................................... 1 Water Supply ........................................................................................................................................................ 3 Fire Department Connections............................................................................................................................... 4 Clearance from Exposures ................................................................................................................................... 4 Deflagration Venting ............................................................................................................................................. 4 Group Limitations.................................................................................................................................................. 4 VENDOR PRODUCT REVIEW............................................................................................................................... 5 CONCLUSION ........................................................................................................................................................ 9 24 Item 2.

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Introduction
Onward Energy is proposing to install a 50-MW battery energy storage facility located at 555 N. Tulip Street in Escondido, California. The site will contain lithium-ion battery units that will discharge directly to the electrical grid via an existing substation facility on site.

This Site and Vendor Product Review is intended to be developed into a larger technical report which will contain a hazard mitigation analysis on the selected battery units and the installation in addition to an analysis of other fire protection and life safety features for the site.

Codes and Standards
This evaluation considers the available design and operation information within the context of current prescriptive codes, including NFPA 855 (2023 Edition), Standard for the Installation of Stationary Energy Storage Systems and Chapter 12 of the California Fire Code (2022 Edition).

NFPA 855
NFPA 855, Standard for the Installation of Energy Storage Systems is a collection of criteria for the fire protection of ESS facilities. The NFPA states that the standard provides “requirements based on the technology used in the ESS, the setting where the technology is being installed, the size and separation of ESS facilities, and the fire suppression and control systems that are in place.” The 2023 Edition of this standard was approved as an American National Standard on September 1, 2022.

CALIFORNIA FIRE CODE (CFC)
Chapter 12 of the 2022 Edition of the California Fire Code (CFC) applies to the installation, operation, and maintenance of lithium-ion energy storage systems.

Site Review
The following section has been provided based on a review of the provided site plan. Compliance has been reviewed for the applicable fire department access requirements, water supply site requirements, and applicable setbacks for the battery storage units. Once a final product manufacturer is selected a site plan with the proposed fire department connection locations, fire hydrant locations, and container distances will be provided for City of Escondido Fire Department review and approval.

FIRE DEPARTMENT ACCESS
A fire apparatus access road will be provided for the facility in accordance with the CFC Section 503. The fire apparatus access road will be required to extend to within 150 feet of the existing structure that is to remain on the property (CFC Section 503.1.1). The battery containers are unoccupied but are in a fixed position and are used to store combustible substances, therefore the fire apparatus access road will be required to extend within 150 feet of all containers. The proposed access road runs along the north, west, and east perimeter of the site and to the existing building through the battery storage area as shown in red in Figure 1. The current proposed fire department access road is within 150 feet of the exterior walls of the existing building and all proposed battery storage containers. 25 Item 2.

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The access road will continue through the adjacent existing natural gas plant which is has the same owner as the battery storage facility. The existing natural gas plant is required to be provided with a fire department access road, so the connection of the roads will be required to be maintained. The only proposed obstructions between the facilities are the screening wall located southeast of the existing to remain building with a gate and gates located at the road connections of the facilities. The gates located on the fire apparatus access road will be provided with emergency access as discussed later in this report. Therefore, the access road that loops around the full facility can provide access to both the battery storage area and the natural gas plant.

Figure 1 – Proposed Fire Department Access Road.

The access road will have an unobstructed width of at least 20 feet and an unobstructed vertical clearance of at least 13 feet 6 inches (CFC Section 503.2.1). The grade of the road will not exceed 15% and therefore will not be required to be provided with mitigation measures as required by the City of Escondido. Additionally, the road will be provided with a minimum inside turning radius of 28 feet in accordance with City of Escondido policy.

The fire apparatus access road is required to be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds) and be surfaced so as to provide all-weather driving capabilities (CFC Section 503.2.3). Any dead-end fire apparatus access roads in excess of 150 feet in length are required to be provided with an approved area for turning around fire apparatus (CFC Section 503.2.5). 26 Item 2.

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The fire apparatus access road is proposed to be provided with gates at the entry points from North Tulip Street and at the connections between the natural gas plant and the battery storage facility. Security gates are allowed to be installed across fire apparatus roads in accordance with CFC Section 503.6.

Gates are required to be installed a minimum of 30 feet from the nearest edge of the roadway and driveways providing access to the apparatus road must be 36 feet wide at the entrance. The proposed locations of the gates are accessed by driveways exceeding the required 36-foot width and are located approximately 57 feet from North Tulip Street. The gates located at the connections to the natural gas facility will also meet these requirements. The gates are required to have an emergency key-operated switch overriding all command functions operation which will remain operational at all times (CFC Section 503.6 and City of Escondido Policy).

WATER SUPPLY
The Goal Line energy storage facility is required to be provided with an approved water supply (CFC Section 507.1 and NFPA 855 Section 9.6.3.1). The fire flow requirements were determined for the existing building on site by CFC Appendix B. The building appears to be non-combustible construction and was therefore assumed as Type IIB as this results in the most conservative fire flow for a noncombustible building. This construction type will be confirmed, and fire flow requirements will be updated if needed. Based on the proposed area of 7,268 square feet, the required fire flow is 1,750 gallons per minute for a duration of 2 hours (CFC Table B105.1(2)). However, since the building is provided with an automatic sprinkler system, the flow can be reduced to 25% of this value with a minimum flow of 1,000 gallons per minute. A hydrant flow test is required to be performed to verify that the 1,000 gallons per minute demand at 20 psi can be provided for the site.

Sufficient water flow also needs to be provided for the battery storage containers and the hazard created by the batteries. CFC Appendix B is intended to be used for calculating fire flow for buildings and would not typically apply to battery storage containers. However, if the containers were to be evaluated in accordance with CFC Appendix B, the resulting fire flow would be the minimum required 1,500 gallons per minute in Table B105.1(2) with no reduction for an automatic sprinkler system. Additionally, some of the products being considered have water-based suppression systems that would be required to be provided with sufficient water flow for the system. If these internal fire suppression systems were utilized in UL 9540A testing to meet performance criteria, the minimum water flow used in testing would be required to be provided. However, for the products where UL 9540A test data was provided, internal fire suppression systems were not utilized and therefore the test data does not provide a minimum water flow.

To meet UL 9540A performance criteria for the unit level test (which was performed for all manufacturers who provided data), no flaming outside of the testing unit was allowed and surface temperatures in target units could not exceed the temperature at which thermally initiated cell venting occurs. Therefore, it is unlikely that a fire would propagate to an adjacent container even without water being supplied to the system. Firefighting may also be used to protect adjacent exposures rather than as an attempt to suppress the flaming unit. In this case, fire flows that are calculated for buildings should be sufficient to reach an acceptable level of protection for the facility. At a minimum, fire flows will be provided to meet manufacturer’s guidelines for the units and will be evaluated as part of the hazard mitigation analysis based on the specific product selected.

The site is required to be equipped with fire hydrants installed in accordance with NFPA 24. Existing fire hydrants on the adjacent natural gas plant property are allowed to be considered if a fire apparatus access road extends between the properties and an easement is established to prevent obstructions of 27 Item 2.

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the roads. Fire hydrants are required to be provided with a 3-foot clear space maintained around the circumference at all times (CFC 507.5.5).

Fire hydrants will be provided to meet the fire flow requirements and are required to be provided every 350 feet by City of Escondido policy or as required by CFC Appendix C, whichever is smaller. Based on the fire hydrant spacing requirement for a fire flow of 1,750 gallons per minute or less, the site is required to be provided with a minimum of one fire hydrant at an average spacing of 500 feet between hydrants in accordance with CFC Appendix C Table C102.1. Therefore, the required fire hydrant spacing will be the more conservative requirement of 350 feet. Additional fire hydrants beyond those needed to meet the spacing requirements may need to be provided based on flow test data if the required fire flow cannot be met. Adjacent hydrants may also need to be supplied near fire department connections depending on the final layout of the site.

FIRE DEPARTMENT CONNECTIONS
The existing building on site is sprinklered and is required to be provided with a FDC. There is an existing FDC located near the building, and a fire hydrant will be located within 40 feet of the FDC as required by the City of Escondido.

CLEARANCE FROM EXPOSURES
The battery energy storage system containers are required to be separated from nearby exposures by CFC Section 1207.8.3 and NPFA 855 Section 9.5.2.6.1.2. The following are examples of potential exposures that must be considered however this is not an all-inclusive list:
+ Lot lines
+ Public ways
+ Buildings
+ Stored combustible materials
+ Hazardous materials
+ High-piled stock
The battery storage site is bounded on all sides by the fire department access road which is required to have a minimum width of 20 feet. Therefore, the battery storage containers are a minimum of 20 feet from lot lines and public ways on where the fire department access road is located. On the southwest side of the site the existing building that is proposed to remain is a potential exposure. Containers will be located a minimum of 10 feet from the building.

The adjacent natural gas plant should also be considered as a potential hazard to the battery storage area. The potential effects of hazards originating from the natural gas plant will be considered in the hazard mitigation analysis for the battery storage facility once a specific product is selected.

DEFLAGRATION VENTING
Deflagration vents for the containers will be located such that they are not directed at adjacent exposures containing hazardous materials.

GROUP LIMITATIONS
The layout of the containers will be limited by manufacturer standards, test data, and insurance requirements. Allowable layouts of the containers will be evaluated after a specific product is selected. 28 Item 2.

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Vendor Product Review

METHODOLOGY
The requirements review documented in the Table 1 summarizes the high-level fire and explosion protection requirements found in NFPA 855 and the CFC that apply to the Goal Line Energy Storage Project.

The product requirement analysis was performed for the outdoor battery energy storage installation. The installation is considered to be located near exposures due to the nearby existing buildings, roads, and a natural gas plant. As all products being considered are not walk-in units, the table does not include the requirements specific to walk-in units.

The applicable requirements are presented as a specification for the product-level requirements for the selection of an ESS for the Goal Line Energy Storage project. It is important to note that for the final fire protection system design, all features shall meet applicable U.S. codes and standards including the use of UL listed equipment.

Table 1. Summary of Fire Protection Code Requirements
Requirement NFPA 855
(Section)
CFC
(Section) Energy Storage System Feature Requirements
Hazard
Mitigation
Analysis
(HMA)
Yes
(4.4.1 and

9.5.2.1)
Yes
(1207.1.4 and
1207.5.2)
A product-level hazard mitigation analysis will be required to be completed. An evaluation of potential energy storage system failure modes and the safety-related consequences attributed to the failures is good practice and a requirement when industry standards are being followed. Approval criteria listed in NFPA 855 and CFC differ slightly (explosion protection, toxic gas release during normal operation).

Thermal
runaway
protection
Yes
(9.6.5.5)
Yes
(1207.6.5)
The ESS battery management system is required to be provided with thermal runaway protection and be UL 1973 certified.

Size and
separation
requirements
Yes
(9.4.2)
Yes
(1207.5.1)
The ESS will be required to be tested in accordance with UL 9540A and receive approval from the fire code official to exceed 50 kWh limitations for each battery group. Separation from adjacent buildings, combustibles, and combustible vegetation will be required to be maintained in accordance with NFPA 855 and CFC.

Maximum
Allowable
Quantity
Yes
(9.4.1 and

9.4.1.2)
Yes
(1207.5.2)
The ESS will be required to be tested in accordance with UL 9540A and a hazard mitigation analysis will be required to exceed the 600-kWh limitation for each fire area.

Water supply Yes
(9.6.3.1)
Yes
(507.1)
Site is required to be provided with a permanent water source for fire protection. Fire hydrants are required to be installed in accordance with NFPA 24.
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Requirement NFPA 855
(Section)
CFC
(Section) Energy Storage System Feature Requirements
System
Testing
Yes
(6.1.4.2 and

7.3.1)
Yes
(1207.2)
System testing must be performed in accordance with the CFC, NPFA 855, and operating instructions or installation
documentation provided by the ESS manufacturer.

Large-Scale
Testing
Yes
(9.1.5.1)
Yes
(1207.1.5)
Large-scale fire testing per UL 9540A will be required to be conducted because the installation is expected to exceed maximum allowable quantity and size and separation
prescriptive requirements.

Smoke and
fire detection
No
(9.6.1)
No
(1207.5.4)
Since the ESS systems being considered are not walk-in units, NFPA 855 and the CFC do not require smoke and fire detection.

A fire suppression system may provide smoke or fire detection for agent discharge. This detection system may be solely for agent discharge or may be able to be monitored for alarm notification.

Fire control
and
suppression
No
(9.6.2.1)
No
(1207.5.5)
Fire control and suppression is not required by NFPA 855 or the CFC for outdoor installations that do not contain walk-in units.

Other
automatic fire
control and
suppression
(e.g., clean
agent)
No
(4.9.3.1 and

9.6.2)
No
(1207.5.5)
Other forms of automatic fire control are not prescriptively required. Clean agent systems can be effective in flame extinguishing but may indirectly contribute to the accumulation of flammable gases inside the enclosure. Aerosol systems are typically also corrosive and will damage the battery cells if deployed.

Explosion
control
Yes/No
(9.6.5.6.6)
Yes/No
(1207.6.3)
NFPA 855 and the CFC require either explosion control or fire and explosion testing and a deflagration hazard study
demonstrating that flammable gas concentrations cannot exceed 25% of the lower flammability limit (LFL). Explosion control can be provided by an explosion prevention system in accordance with NFPA 69 or deflagration venting in accordance with NFPA

68. Gas detection Yes/No
(9.6.5.6.7)
Yes/No
(1207.6.1.2.4)
Gas detection is not prescriptively required by NPFA 855 or CFC. However, a gas detection system is required when used to activate an NFPA 69 system.

A vendor product review was performed to provide a comparison of the fire protection technologies of each unit and to analyze each system for code compliance and is provided in Table 2. All systems were found to meet the minimum code requirements for an outdoor installation near exposures with no walk-in units. See Appendix A for further information on UL 9540A testing. Appendices B through G provide an in-depth description of each vendor’s unit. Manufacture Information Reports used to generate the information in this report are available upon request and dependent on Approval of manufacture release, which may require a Non-Disclosure Agreement.
30 Item 2.

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Table 2: Fire Protection Code Requirements and Product Overview Requirement NFPA 855 CFC FlexGen LG Vertech Tesla Wartsila Powin Mitsubishi Hazard
Mitigation
Analysis (HMA)
Yes Yes Yes:

Jensen Hughes
will prepare an
HMA to support
permitting.

Yes:

Jensen Hughes
will prepare an
HMA to support
permitting.

Yes:

Jensen Hughes
will prepare an
HMA to support
permitting.

Yes:

Jensen Hughes
will prepare an
HMA to support
permitting.

Yes:

Jensen Hughes
will prepare an
HMA to support
permitting.

Yes:

Jensen Hughes
will prepare an
HMA to support
permitting.

Thermal
runaway
protection
Yes Yes Yes Yes Yes Yes Yes Yes
Size and
separation
requirements
Yes Yes Yes:

Product is
tested in
accordance
with UL 9540A
Yes:

Product is
tested in
accordance
with UL 9540A
Maximum
Allowable
Quantity
Yes Yes Yes:

Product is
tested in
accordance
with UL 9540A
Yes:

Product is
tested in
accordance
with UL 9540A
System Testing Yes Yes Yes Yes Yes Yes Yes Yes
Large-Scale
Testing
Yes Yes Yes Yes Yes Yes Yes Yes
Smoke and fire
detection
No No Yes Yes No Yes Yes Yes
Fire control and
suppression
No No Yes Yes No Yes No Yes
31 Item 2.

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Requirement NFPA 855 CFC FlexGen LG Vertech Tesla Wartsila Powin Mitsubishi Other automatic
fire control and
suppression
(e.g., clean
agent)
No No Yes:

Aerosol
Yes:

Nitrogen and
Aerosol
No Optional:

Aerosol
Yes:

Stat-X (aerosol)
Yes:

Stat-X (aerosol)
Explosion
control
Yes/No Yes/No Yes:

NFPA 69
system
provided.

Yes:

NFPA 69
system
provided.

Yes:

Meets the
requirements of
NFPA 855
Section

9.6.5.6.4 Yes:

NFPA 68
system
provided. NFPA
69 system
optional.

Yes:

NFPA 69
system
provided.

Yes:

NFPA 69
system
provided.

Gas detection Yes/No Yes/No Yes Yes No:

Not required as
NFPA 69
system is not
provided.

Yes. Yes Yes
32 Item 2.

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Conclusion
The information in this report is based on information provided to Jensen Hughes by Onward Energy.

Please contact us with any questions based on the information presented in this letter.

Sincerely,
Jensen Hughes
Kristen Dentici, PE William N. Fletcher, PE, ASSOC. DBIA, PMP Fire Protection Engineer Manager, Senior Fire Protection Engineer 33 Item 2.

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Page A-1 | June 7, 2023 | Rev 1
UL 9540A Test
Both the California Fire Code and NFPA 855 utilize UL 9540A for fire and explosion testing (referred to as large-scale fire test in CFC). Both NFPA 855 and the CFC limit lithium-ion battery energy storage systems (BESS) to a maximum of 50 kWh per individual unit and 600 kWh per area for outdoor installations near exposures, unless UL 9540A testing is performed and a larger installation is approved by the fire code official. The UL 9540A test was created to demonstrate that a fire involving one BESS unit would not propagate to an adjacent unit. The test method is a series of progressively larger tests, with the smallest being at the cell level and the largest being at the installation level. Performance of the system at each test level is used to determine if additional testing at the next level is required. Once a product meets the performance requirements of a test level, additional testing is not required but may be performed to provide additional data. Since all BESS units considered in this analysis will exceed the size and maximum allowable quantities prescriptively allowed, all the units are required to have completed UL 9540A testing. The following list provides a summary of the criteria that must be met at each level of testing:
• Cell Level Test:
o Thermal runaway cannot be induced in the cell.
o Cell vent gas does not present a flammability hazard when mixed with any volume of air at both ambient and vent temperatures.
• Module Level Test:
o The effects of thermal runaway is contained by module design. o Cell vent gas is nonflammable.
• Unit Level Test:
o Target BESS temperature is less than cell surface temperature at gas venting. o Temperature increase of target walls less than 97°C (175°F). o No explosion hazards exhibited.
o No flaming outside of BESS unit.
• Installation Level Test:
o Target BESS temperature less than gas vent temperature measured in cell level test o Temperature increase of target walls less than 97°C (175°F) o The flame indicator does not propagate flames beyond the initiating BESS. o No flaming outside the BESS enclosure.
34 Item 2.

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Page B-1 | June 7, 2023 | Rev 1
FlexGen EnerC+ 306
Requirement NFPA
855 CFC Energy Storage System Feature Requirements FlexGen Hazard
Mitigation
Analysis
(HMA)
Yes Yes A product-level hazard
mitigation analysis will be
required to be completed. An
evaluation of potential energy
storage system failure modes
and the safety-related
consequences attributed to the
failures is good practice and a
requirement when industry
standards are being followed.

Approval criteria listed in NFPA
855 and CFC differ slightly
(explosion protection, toxic gas
release during normal
operation).

Yes:

A product level hazard
mitigation analysis from
manufacturer was not
provided.

Jensen Hughes will prepare an
HMA to support permitting.

Thermal
runaway
protection
Yes Yes The ESS battery management
system is required to be
provided with thermal runaway
protection and be UL 1973
certified.

Yes:

Product is UL 1973 certified.

The battery management
system monitors batteries for
over discharge, over voltage,
over temperature and over
current. The BMS will limit the
charge and discharge of the
battery as necessary to prevent
thermal runaway.

Size and
separation
requirements
Yes Yes The ESS will be required to be
tested in accordance with UL
9540A and receive approval
from the fire code official to
exceed 50 kWh limitations for
each battery group. Separation
from adjacent buildings,
combustibles, and combustible
vegetation will be required to
be maintained in accordance
with NFPA 855 and CFC.

Yes:

Product is tested in accordance
with UL 9540A
35 Item 2.

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Requirement NFPA
855 CFC Energy Storage System Feature Requirements FlexGen Maximum
Allowable
Quantity
Yes Yes The ESS will be required to be
tested in accordance with UL
9540A and a hazard mitigation
analysis will be required to
exceed the 600-kWh limitation
for each fire area.

Yes:

Product is tested in accordance
with UL 9540A
System
Testing
Yes Yes System testing must be
performed in accordance with
the CFC, NPFA 855, and
operating instructions or
installation documentation
provided by the ESS
manufacturer.

Yes:

System testing will be
performed in accordance with
CFC requirements, NFPA 855
requirements, and by
manufacturer’s documentation.

Large-Scale
Testing
Yes Yes Large-scale fire testing per UL
9540A will be required to be
conducted because the
installation is expected to
exceed maximum allowable
quantity and size and
separation prescriptive
requirements.

Yes:

UL 9540A testing was
performed. During the cell level
test the initiating cell underwent
thermal runaway and the vent
gas from the cell produced a
flammable mixture. Therefore,
additional module level testing
was required. In the module
level test, thermal runaway was
controlled at the module level,
but the cell vent gas was still a
flammable mixture, so unit
level testing was still required.

The unit level performance
criteria was met as there was
no flaming outside the unit,
surface temperatures did not
exceed the limit, explosion
hazards were not observed,
and the heat flux to the
accessible means of egress did
not exceed the limit. The
installation level test was
performed for the product, and
the performance criteria for the
installation level test was met.
36 Item 2.

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Requirement NFPA
855 CFC Energy Storage System Feature Requirements FlexGen Smoke and fire
detection
No No Since the ESS systems being
considered are not walk-in
units, NFPA 855 and the CFC
do not require smoke and fire
detection. A fire suppression
system may provide smoke or
fire detection for agent
discharge. This detection
system may be solely for agent
discharge or may be able to be
monitored for alarm
notification.

Yes:

Equipped with 2 heat
detectors, 3 smoke detectors,
and 2 hydrogen detectors. 2
smoke detectors are in the
battery room and 1 is in the
electrical room. Hydrogen and
heat detectors are located only
in the battery room. Detectors
report to control panel which
controls extinguishing and
explosion control system.

Alarm warning is provided.

Fire control
and
suppression
No No Fire control and suppression is
not required by NFPA 855 or
the CFC for outdoor
installations that do not contain
walk-in units.

Yes:

Dry standpipe system is used
to supply open-type nozzles.

The nozzles are provided
throughout the racking area
and are supplied by a hose
connection on the exterior of
the unit.

Other
automatic fire
control and
suppression
(e.g., clean
agent)
No No Other forms of automatic fire
control are not prescriptively
required. Clean agent systems
can be effective in flame
extinguishing but may indirectly
contribute to the accumulation
of flammable gases inside the
enclosure. Aerosol systems are
typically also corrosive and will
damage the battery cells if
deployed.

Yes:

Aerosol suppression system is
installed and is in addition to
explosion exhaust system. The
aerosol system is automatically
released by the activation of a
detector in the battery room
and can also be activated
manually.

Due to the location of the
aerosol in the battery area,
Jensen Hughes would suggest
discussion with manufacturer
over providing only manual
release or removing system
altogether.
37 Item 2.

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Requirement NFPA
855 CFC Energy Storage System Feature Requirements FlexGen Explosion
control
Yes/No Yes/No NFPA 855 and the CFC require
either explosion control or fire
and explosion testing and a
deflagration hazard study
demonstrating that flammable
gas concentrations cannot
exceed 25% of the lower
flammability limit (LFL).

Explosion control can be
provided by an explosion
prevention system in
accordance with NFPA 69 or
deflagration venting in
accordance with NFPA 68.

Yes:

Explosion prevention system in
accordance with NFPA 69 is
provided. Explosion control
system is the first fire
suppression line of defence
(prior to aerosol and dry-pipe
suppression). The system is
provided by a louver on the
front side and is exhausted
from a fan on the left side.

Gas detection Yes/No Yes/No Gas detection is not
prescriptively required by
NPFA 855 or CFC. However, a
gas detection system is
required when used to activate
an NFPA 69 system.

Yes:

Hydrogen gas detection is
provided. There are two
hydrogen detectors in the
battery area. Hydrogen
detectors initiate the explosion
control fan system.
38 Item 2.

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Page C-1 | June 7, 2023 | Rev 1
LG Vertech DC-LINK
Requirement NFPA
855 CFC Energy Storage System Feature Requirements LG Vertech DC-LINK Hazard
Mitigation
Analysis
(HMA)
Yes Yes A product-level hazard
mitigation analysis will be
required to be completed. An
evaluation of potential energy
storage system failure modes
and the safety-related
consequences attributed to the
failures is good practice and a
requirement when industry
standards are being followed.

Approval criteria listed in NFPA
855 and CFC differ slightly
(explosion protection, toxic gas
release during normal
operation).

Yes:

A product level hazard
mitigation analysis from
manufacturer was not provided
but is in progress.

Jensen Hughes will prepare an
HMA to support permitting.

Thermal
runaway
protection
Yes Yes The ESS battery management
system is required to be
provided with thermal runaway
protection and be UL 1973
certified.

Yes:

Product is UL 1973 certified.

Futher information on thermal
runaway protection system has
not been provided.

Yes:

Product is tested in accordance
with UL 9540A
Maximum
Allowable
Quantity
Yes Yes The ESS will be required to be
tested in accordance with UL
9540A and a hazard mitigation
analysis will be required to
exceed the 600-kWh limitation
for each fire area.

Yes:

Product is tested in accordance
with UL 9540A
39 Item 2.

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Page C-2 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements LG Vertech DC-LINK System
Testing
Yes Yes System testing must be
performed in accordance with
the CFC, NPFA 855, and
operating instructions or
installation documentation
provided by the ESS
manufacturer.

Yes:

System testing will be
performed in accordance with
CFC requirements, NFPA 855
requirements, and by
manufacturer’s documentation.

Yes:

UL 9540A testing was
performed, but specific test
data has not been provided.

Smoke and fire
detection
No No Since the ESS systems being
considered are not walk-in
units, NFPA 855 and the CFC
do not require smoke and fire
detection. A fire suppression
system may provide smoke or
fire detection for agent
discharge. This detection
system may be solely for agent
discharge or may be able to be
monitored for alarm
notification.

Yes:

System is equipped with
smoke and heat detection.

Detectors activate alarm
system. A single smoke or heat
detector activation releases the
aerosol suppression as this
event is viewed as an electrical
fire. If two smoke or heat
detectors are activated, water
is released from the water
injection unit up to a thermally
activated glass bulb at the
entry to the battery unit. The
hydrogen detectors are
provided as a backup for
operation of the explosion
venting system.
40 Item 2.

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Page C-3 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements LG Vertech DC-LINK Fire control
and
suppression
No No Fire control and suppression is
not required by NFPA 855 or
the CFC for outdoor
installations that do not contain
walk-in units.

Yes:

Dry pipe system with solenoid
valve release. The solenoid
valve is released by the
activation of two smoke or heat
detectors. A heat sensitive
activated glass bulb is also
provided at the entry to the
battery unit. Water will only be
delivered to batteries if two
detectors are activated and the
glass bulb breaks.

Yes:

Nitrogen suppression system is
provided for battery fires and is
activated when two smoke or
heat detectors are activated.

Aerosol suppression is used for
electrical, non-battery related
events and is triggered when a
single detector in the battery
unit is activated.

Each battery compartment is
equipped with a switch that can
block the operation of aerosol.

Since the operation of a single
detector in a battery unit can
cause the activation of aerosol
which would damage the entire
compartment’s batteries, it is
suggested that this switch is
used or aerosol system is
removed entirely.
41 Item 2.

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Page C-4 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements LG Vertech DC-LINK Explosion
control
Yes/No Yes/No NFPA 855 and the CFC require
either explosion control or fire
and explosion testing and a
deflagration hazard study
demonstrating that flammable
gas concentrations cannot
exceed 25% of the lower
flammability limit (LFL).

Explosion control can be
provided by an explosion
prevention system in
accordance with NFPA 69 or
deflagration venting in
accordance with NFPA 68.

Yes:

Specification states they have
active system (NFPA 69). Will
need more information on the
system if selected. The system
is initiated by either the water
suppression system (two
detectors activated and glass
bulb is broken, allowing
waterflow) or by the hydrogen
detectors (which are activated
at 10% of the lower explosive
limit).

Gas detection Yes/No Yes/No Gas detection is not
prescriptively required by
NPFA 855 or CFC. However, a
gas detection system is
required when used to activate
an NFPA 69 system.

Yes:

Hydrogen gas detection is
provided. At 10% of the lower
explosive limit, the hydrogen
detectors will initiate the
explosion control system.
42 Item 2.

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Page D-1 | June 7, 2023 | Rev 1
Tesla Megapack 2 and Megapack 2XL
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Tesla MP2/MP2XL Hazard
Mitigation
Analysis
(HMA)
Yes Yes A product-level hazard
mitigation analysis will be
required to be completed. An
evaluation of potential energy
storage system failure modes
and the safety-related
consequences attributed to the
failures is good practice and a
requirement when industry
standards are being followed.

Approval criteria listed in NFPA
855 and CFC differ slightly
(explosion protection, toxic gas
release during normal
operation).

Yes:

A product level hazard
mitigation analysis from
manufacturer was provided.

Jensen Hughes will prepare an
HMA to support permitting.

Thermal
runaway
protection
Yes Yes The ESS battery management
system is required to be
provided with thermal runaway
protection and be UL 1973
certified.

Yes:

Product is UL 1973 certified.

Each cell is supervised by its
own battery management
system which report back to a
central monitoring system. The
BMS are built to automatically
react to fault conditions such
as over temperature, over
voltage, and loss of
communication.

Yes:

Product is tested in accordance
with UL 9540A
43 Item 2.

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Page D-2 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Tesla MP2/MP2XL Maximum
Allowable
Quantity
Yes Yes The ESS will be required to be
tested in accordance with UL
9540A and a hazard mitigation
analysis will be required to
exceed the 600-kWh limitation
for each fire area.

Yes:

System testing will be
performed in accordance with
CFC requirements, NFPA 855
requirements, and by
manufacturer’s documentation.
44 Item 2.

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Page D-3 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Tesla MP2/MP2XL Large-Scale
Testing
Yes Yes Large-scale fire testing per UL
9540A will be required to be
conducted because the
installation is expected to
exceed maximum allowable
quantity and size and
separation prescriptive
requirements.

Yes:

UL 9540A testing was
performed for the MP2. The
MP2XL was determined to be
similar enough to the MP2 that
additional testing did not need
to be performed for the
MP2XL. During the cell level
test the initiating cell underwent
thermal runaway and the vent
gas from the cell produced a
flammable mixture, therefore
module level testing was
required. In the module level
test, thermal runaway was not
limited to the module level and
the cell vent gas was still a
flammable mixture. The unit
level test performance criteria
was met as there was no
flaming outside the unit,
surface temperatures did not
exceed the limit, explosion
hazards were not observed,
and the heat flux to the
accessible means of egress did
not exceed the limit. UL 9540A
testing was performed, but
specific test data has not been
provided.

No:

The MP2 and MP2XL do not
have an internal smoke or fire
detection system.
45 Item 2.

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Requirement NFPA
855 CFC Energy Storage System Feature Requirements Tesla MP2/MP2XL Fire control
and
suppression
No No Fire control and suppression is
not required by NFPA 855 or
the CFC for outdoor
installations that do not contain
walk-in units.

No:

The MP2 and MP2XL do not
have any internal fire
suppression system. The lack
of a suppression system is
justified in Tesla’s analysis by
the fact that fire did not
propagate outside the initiating
level in the UL 9540A testing.

No:

Explosion
control
Yes/No Yes/No NFPA 855 and the CFC require
either explosion control or fire
and explosion testing and a
deflagration hazard study
demonstrating that flammable
gas concentrations cannot
exceed 25% of the lower
flammability limit (LFL).

Explosion control can be
provided by an explosion
prevention system in
accordance with NFPA 69 or
deflagration venting in
accordance with NFPA 68.

Yes:

The MP2 and MP2XL do not
have an explosion control
system in accordance with
NFPA 68 or 69. However, the
MP2 meets the requirement of
NFPA 855 by providing an
alternate venting system which
was validated by large-scale
testing.

Gas detection Yes/No Yes/No Gas detection is not
prescriptively required by
NPFA 855 or CFC. However, a
gas detection system is
required when used to activate
an NFPA 69 system.

No:

Gas detection is not provided
or required since the MP2 and
MP2XL do not have explosion
control or alarm systems.
46 Item 2.

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Page E-1 | June 7, 2023 | Rev 1
Wärtsilä GridSolv Quantum
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Wärtsilä GridSolv Quantum Hazard
Mitigation
Analysis
(HMA)
Yes Yes A product-level hazard
mitigation analysis will be
required to be completed. An
evaluation of potential energy
storage system failure modes
and the safety-related
consequences attributed to the
failures is good practice and a
requirement when industry
standards are being followed.

Approval criteria listed in NFPA
855 and CFC differ slightly
(explosion protection, toxic gas
release during normal
operation).

Yes:

A product level hazard
mitigation analysis from
manufacturer was provided.

Jensen Hughes will prepare an
HMA to support permitting.

Thermal
runaway
protection
Yes Yes The ESS battery management
system is required to be
provided with thermal runaway
protection and be UL 1973
certified.

Yes:

Product is UL 1973 certified.

Futher information on thermal
runaway protection system has
not been provided.

Yes:

Product is tested in accordance
with UL 9540A
47 Item 2.

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Page E-2 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Wärtsilä GridSolv Quantum System
Testing
Yes Yes System testing must be
performed in accordance with
the CFC, NPFA 855, and
operating instructions or
installation documentation
provided by the ESS
manufacturer.

Yes:

System testing will be
performed in accordance with
CFC requirements, NFPA 855
requirements, and by
manufacturer’s documentation.

Yes:

UL 9540A testing was
performed. Results for the cell
and module level tests were
not provided. The performance
criteria for the unit level test
were met as there was no
flaming outside the unit,
surface temperatures did not
exceed the limit, and explosion
hazards were not observed.

Yes:

Smoke detection is provided.

Detectors activate alarm
system.

Fire control
and
suppression
No No Fire control and suppression is
not required by NFPA 855 or
the CFC for outdoor
installations that do not contain
walk-in units.

Yes:

Dry standpipe system is
provided to supply the sprinkler
system. A connection is
provided at the bottom of each
unit to supply water. The
sprinklers are standard type
with a glass bulb and will
require sufficient heat to break
the bulb and operate the
sprinklers.
48 Item 2.

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Requirement NFPA
855 CFC Energy Storage System Feature Requirements Wärtsilä GridSolv Quantum Other
automatic fire
control and
suppression
(e.g., clean
agent)
No No Other forms of automatic fire
control are not prescriptively
required. Clean agent systems
can be effective in flame
extinguishing but may indirectly
contribute to the accumulation
of flammable gases inside the
enclosure. Aerosol systems are
typically also corrosive and will
damage the battery cells if
deployed.

Yes:

Optional aerosol suppression
system can be installed. The
manufacturer only
recommends installation of
aerosol suppression when the
active venting explosion control
system option is also selected.

The venting system would
reduce the risk of build-up of
flammable gases, but the
aerosol system would still
damage the batteries when
deployed. Jensen Hughes
would suggest not selecting the
aerosol suppression option,
regardless of the type of
explosion control system
provided.

Explosion control can be
provided by an explosion
prevention system in
accordance with NFPA 69 or
deflagration venting in
accordance with NFPA 68.

Yes:

NFPA 68 compliant
deflagration panels are
provided on the roof of the
enclosure. An NFPA 69
compliant ventilation system
can also be provided as an
option.

Gas detection Yes/No No Gas detection is not
prescriptively required by
NPFA 855 or CFC. However, a
gas detection system is
required when used to activate
an NFPA 69 system.

Yes:

Hydrogen gas detection is
provided. Hydrogen detectors
are activated at 5% of the
lower explosive limit and are
provided in each unit.
49 Item 2.

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Page F-1 | June 7, 2023 | Rev 1
Powin
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Powin Hazard
Mitigation
Analysis (HMA)
Yes Yes A product-level hazard
mitigation analysis will be
required to be completed. An
evaluation of potential energy
storage system failure modes
and the safety-related
consequences attributed to
the failures is good practice
and a requirement when
industry standards are being
followed. Approval criteria
listed in NFPA 855 and CFC
differ slightly (explosion
protection, toxic gas release
during normal operation).

Yes:

A product level hazard
mitigation analysis from
manufacturer was not
provided.

Jensen Hughes will prepare an
HMA to support permitting.

Thermal
runaway
protection
Yes Yes The ESS battery
management system is
required to be provided with
thermal runaway protection
and be UL 1973 certified.

Yes:

Product is UL 1973 certified.

Futher information on thermal
runaway protection system has
not been provided.

Size and
separation
requirements
Yes Yes The ESS will be required to
be tested in accordance with
UL 9540A and receive
approval from the fire code
official to exceed 50 kWh
limitations for each battery
group. Separation from
adjacent buildings,
combustibles, and
combustible vegetation will
be required to be maintained
in accordance with NFPA 855
and CFC.

Yes:

Product is tested in accordance
with UL 9540A
Maximum
Allowable
Quantity
Yes Yes The ESS will be required to
be tested in accordance with
UL 9540A and a hazard
mitigation analysis will be
required to exceed the 600-
kWh limitation for each fire
area.

Yes:

Product is tested in accordance
with UL 9540A
50 Item 2.

Attachment "1"
348
Item15.
(Onward Energy Goal Line Energy Storage) 1WNF22033
Page F-2 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Powin System Testing Yes Yes System testing must be
performed in accordance with
the CFC, NPFA 855, and
operating instructions or
installation documentation
provided by the ESS
manufacturer.

Yes:

System testing will be
performed in accordance with
CFC requirements, NFPA 855
requirements, and by
manufacturer’s documentation.

Large-Scale
Testing
Yes Yes Large-scale fire testing per
UL 9540A will be required to
be conducted because the
installation is expected to
exceed maximum allowable
quantity and size and
separation prescriptive
requirements.

Yes:

Product is stated to be tested
in accordance with UL 9540A,
but specific test data was not
provided.

Smoke and fire
detection
No No Since the ESS systems being
considered are not walk-in
units, NFPA 855 and the CFC
do not require smoke and fire
detection. A fire suppression
system may provide smoke
or fire detection for agent
discharge. This detection
system may be solely for
agent discharge or may be
able to be monitored for
alarm notification.

Yes:

Smoke and heat detectors are
provided and trigger aerosolbased suppression. Smoke
and heat detectors report to
central station. It was not
stated whether there is alarm
signal provided at the
enclosure.

Fire control and
suppression
No No Fire control and suppression
is not required by NFPA 855
or the CFC for outdoor
installations that do not
contain walk-in units.

Yes:

Standpipe and sprinkler system
are not provided; however,
aerosol system is provided
(see below).
51 Item 2.

Attachment "1"
349
Item15.
(Onward Energy Goal Line Energy Storage) 1WNF22033
Page F-3 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Powin Other automatic
fire control and
suppression
(e.g., clean
agent)
No No Other forms of automatic fire
control are not prescriptively
required. Clean agent
systems can be effective in
flame extinguishing but may
indirectly contribute to the
accumulation of flammable
gases inside the enclosure.

Aerosol systems are typically
also corrosive and will
damage the battery cells if
deployed.

Yes:

Stat-X (aerosol) fire
suppression system is
installed. Stat-X generators are
located between every two to
three battery stacks. The
manufacturer stated that this
approach was taken as testing
found multiple cells would only
go into thermal runaway due to
an external fire (such as an
electrical fire). Therefore, the
suppression system is provided
to prevent a fire from starting
thermal runaway, not to stop
thermal runaway that is already
in progress.

Explosion control Yes/No Yes/No NFPA 855 and the CFC
require either explosion
control or fire and explosion
testing and a deflagration
hazard study demonstrating
that flammable gas
concentrations cannot
exceed 25% of the lower
flammability limit (LFL).

Explosion control can be
provided by an explosion
prevention system in
accordance with NFPA 69 or
deflagration venting in
accordance with NFPA 68.

Yes:

NFPA 69 compliant explosion
control system is provided by
exhaust system that is
triggered by hydrogen gas
detection. Over-pressure
deflagration panels that are
NFPA 68 compliant can also
be provided on the roof of the
enclosure as an option.

Gas detection Yes/No No Gas detection is not
prescriptively required by
NPFA 855 or CFC. However,
a gas detection system is
required when used to
activate an NFPA 69 system.

Yes:

Hydrogen gas detection
provided. Hydrogen gas
detectors are calibrated to
detect at 25% of the lower
explosive limit and trigger the
NFPA 69 explosion control
ventilation system.
52 Item 2.

Attachment "1"
350
Item15.
(Onward Energy Goal Line Energy Storage) 1WNF22033
Page G-1 | June 7, 2023 | Rev 1
Mitsubishi
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Mitsubishi Hazard
Mitigation
Analysis (HMA)
Yes Yes A product-level hazard
mitigation analysis will be
required to be completed. An
evaluation of potential energy
storage system failure modes
and the safety-related
consequences attributed to
the failures is good practice
and a requirement when
industry standards are being
followed. Approval criteria
listed in NFPA 855 and CFC
differ slightly (explosion
protection, toxic gas release
during normal operation).

Yes:

A product level hazard
mitigation analysis from
manufacturer was not
provided.

Jensen Hughes will prepare an
HMA to support permitting.

Thermal
runaway
protection
Yes Yes The ESS battery
management system is
required to be provided with
thermal runaway protection
and be UL 1973 certified.

Yes:

Product is UL 1973 certified.

Power is disconnected from
batteries upon any activation of
a hydrogen detector or both a
smoke and heat detector.

Size and
separation
requirements
Yes Yes The ESS will be required to
be tested in accordance with
UL 9540A and receive
approval from the fire code
official to exceed 50 kWh
limitations for each battery
group. Separation from
adjacent buildings,
combustibles, and
combustible vegetation will
be required to be maintained
in accordance with NFPA 855
and CFC.

Yes:

Product is tested in accordance
with UL 9540A
53 Item 2.

Attachment "1"
351
Item15.
(Onward Energy Goal Line Energy Storage) 1WNF22033
Page G-2 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Mitsubishi Maximum
Allowable
Quantity
Yes Yes The ESS will be required to
be tested in accordance with
UL 9540A and a hazard
mitigation analysis will be
required to exceed the 600-
kWh limitation for each fire
area.

Yes:

Product is tested in accordance
with UL 9540A
System Testing Yes Yes System testing must be
performed in accordance with
the CFC, NPFA 855, and
operating instructions or
installation documentation
provided by the ESS
manufacturer.

Yes:

System testing will be
performed in accordance with
CFC requirements, NFPA 855
requirements, and by
manufacturer’s documentation.

Large-Scale
Testing
Yes Yes Large-scale fire testing per
UL 9540A will be required to
be conducted because the
installation is expected to
exceed maximum allowable
quantity and size and
separation prescriptive
requirements.

Yes:

Product is tested in accordance
with UL 9540A. Test results
were provided for module and
unit level tests. The unit level
test results indicated
performance criteria were met
as target temperature
increases were below
allowable levels, no flaming
was observed, and no
explosion hazards were
exhibited.

Smoke and fire
detection
No No Since the ESS systems being
considered are not walk-in
units, NFPA 855 and the CFC
do not require smoke and fire
detection. A fire suppression
system may provide smoke
or fire detection for agent
discharge. This detection
system may be solely for
agent discharge or may be
able to be monitored for
alarm notification.

Yes:

Smoke and heat detectors are
provided and trigger aerosolbased suppression (Stat-X
aerosol). Smoke and heat
detectors report to central
station. Activation of heat or
smoke detector initiates local
audible alarm. Activation of
both a heat and smoke
detector initiates internal and
external horn and external
strobe light.
54 Item 2.

Attachment "1"
352
Item15.
(Onward Energy Goal Line Energy Storage) 1WNF22033
Page G-3 | June 7, 2023 | Rev 1
Requirement NFPA
855 CFC Energy Storage System Feature Requirements Mitsubishi Fire control and
suppression
No No Fire control and suppression
is not required by NFPA 855
or the CFC for outdoor
installations that do not
contain walk-in units.

Yes:

Dry-pipe suppression system is
provided and supplied by dry
standpipe system. Four
sprinklers are provided in each
enclosure.

Other automatic
fire control and
suppression
(e.g., clean
agent)
No No Other forms of automatic fire
control are not prescriptively
required. Clean agent
systems can be effective in
flame extinguishing but may
indirectly contribute to the
accumulation of flammable
gases inside the enclosure.

Aerosol systems are typically
also corrosive and will
damage the battery cells if
deployed.

Yes:

Stat-X (aerosol) fire
suppression system is
installed. Four Stat-X canisters
are provided in each enclosure.

Explosion control Yes/No Yes/No NFPA 855 and the CFC
require either explosion
control or fire and explosion
testing and a deflagration
hazard study demonstrating
that flammable gas
concentrations cannot
exceed 25% of the lower
flammability limit (LFL).

Explosion control can be
provided by an explosion
prevention system in
accordance with NFPA 69 or
deflagration venting in
accordance with NFPA 68.

Yes:

NFPA 69 compliant explosion
control system is provided by
exhaust system that is
triggered by hydrogen gas
detection. Explosion control
system is turned off if both a
smoke and heat detector are
activated to allow for effective
use of aerosol suppression.

Gas detection Yes/No No Gas detection is not
prescriptively required by
NPFA 855 or CFC. However,
a gas detection system is
required when used to
activate an NFPA 69 system.

Yes:

Hydrogen gas detection
provided. Hydrogen gas
detectors trigger the NFPA 69
explosion control ventilation
system.
55 Item 2.

Attachment "1"
353
Item15.

RESOLUTION NO. 2023-160

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A MAJOR PLOT

PLAN PERMIT FOR A LITHIUM-ION BATTERY STORAGE

UTILITY, AND ADOPTION OF A MITIGATED NEGATIVE

DECLARATION PREPARED FOR THE PROJECT
CASE NOS. PL22-0603/PL22-0604/PL23-0239
WHEREAS, Onward Energy (“Applicant”) filed a land use development application (Planning Case Nos. PL22-0603, PL22-0604, and PL23-0239), constituting a request for a Zone Map Amendment to amend the zoning designation from Planned Development Industrial (PD-I) to General Industrial (M-2); a Zone Text Amendment to amend the Escondido Zoning Code to allow for an increase in fence height for commercial and industrial zone properties through the Administrative Adjustment Permit process, unless associated with a discretionary action; and a Major Plot Plan Permit, to permit construction of a lithiumion battery storage utility (“Project”) on a 6.2 gross acre site location at 555 N Tulip Street (APN: 232-131- 25-00), in the Planned Development (PD-I) zone; and
WHEREAS, the subject property is all that real property described in Exhibit “A,” which is attached hereto and made a part hereof by this refence as though fully set forth herein (“Property”); and WHEREAS, the Application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et. sq.) and the California Environmental Quality Act (Public Resources Code Section 21000 et seq) (“CEQA”).; and
354
Item15.

WHEREAS, the rezone of the property from Planned Development – Industrial (PD-I) to General Industrial (M-2) is consistent with the underlying General Plan Land Use Designation, and is subject to approval of a Zone Map Amendment, in accordance with Section 33-1260 of the Escondido Zoning Code; WHEREAS, the Applicant seeks to amend the Escondido Zoning Code to allow for an increase in fence height in industrial and commercial zone properties, and is subject to approval of a Zone Text Amendment, in accordance with section 33-1260 of the Escondido Zoning Code; WHEREAS, utilities are a permitted use within the M-2 Zone, subject to the approval of a Major Plot Plan Permit, in accordance with Section 33-1315 of the Escondido Zoning Code; and WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of the California Code of Regulations Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and recommends 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, a Draft Initial Study and Mitigated Negative Declaration (“IS/MND”) was prepared, circulated, and noticed made of its availability for public review and comment during the period from July 13, 2023 and August 14, 2023; and
WHEREAS, during the 30-day public comment period of the Draft IS/MND, the City consulted with and requested comments from responsible and trustee agencies, other regulatory agencies, and others.

The City subsequently analyzed and considered any and all comments during this public review comment 355
Item15.
period. Responses to said comments have been provided, and minor corrections/additions to the Draft IS/MND were necessary; and
WHEREAS, a Final IS/MND attached as Exhibit “C” and incorporated by this reference, was subsequently prepared, which is comprised of any and all public comment letters received during the public review period, responses to comments, corrections/additions to the Draft IS/MND, and revisions and additions to the appendices or other referenced documents; and WHEREAS, in addition to the Final IS/MND, a Mitigation Monitoring Reporting Program (“MMRP”) has been prepared for the Project, attached as Exhibit “D” and incorporated herein by this reference, to ensure compliance with the required mitigation measures or project revisions during project implementation; and
WHEREAS, the Planning Commission of the City of Escondido held a duly noticed public hearing on October 24, 2023, as prescribed by law, at which interested persons were given the opportunity to appear and present their views with respect to the Application. Evidence was submitted to and considered by the Planning Commission, including written and oral testimony from City staff, interested parties, and the public. Following the public hearing, the Planning Commission adopted Planning Commission Resolution No. 2023-19, which recommended that the City Council approve the Project and adoption of the Final IS/MND and MMRP; and
WHEREAS, the City Council of the City of Escondido held a duly noticed public hearing on December 06, 2023, as prescribed by law, at which time the City Council received and considered reports and recommendation of the Planning Division and Planning Commission, and gave all persons full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the City Council, including, without limitation:
356
Item15.
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 December 6, 2023, with its attachments, as well as City staff’s recommendation on the Project, which is incorporated herein as though fully set forth; d. The Planning Commission’s recommendation; and
e. Additional information submitted during the public hearing.

WHEREAS, the City Clerk, whose office is located at 201 North Broadway, Escondido CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council’s decision is based, which documents and material shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.

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

1. That the above recitations are true.

2. That the City Council has reviewed and considered the Final IS/MND prepared for the Project in conformance with CEQA, the staff report dated December 6, 2023, and testimony given at the public hearing, and makes the environmental determinations included with the Finding of Facts attached as Exhibit “E” hereto and incorporated by this reference. The Final IS/MND adequately addresses all environmental issues associated with the Project, and the Project would not result in any significant impacts to the environment. Approval of this resolution includes the adoption of the Final IS/MND. 357
Item15.

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

4. The City Council, therefore, directs that a Notice of Determination be filed with the County Clerk of the County of San Diego in accordance with the CEQA Guidelines.

5. That the Findings of Facts, attached as Exhibit “E” hereto and incorporated by this reference, were made by the City Council, and upon their consideration along with the staff reports, public testimony presented at the hearing, and all other oral and written evidence on this project, the City Council approves the Project, subject to the Conditions of Approval set forth in Exhibit “F” hereto and incorporated by this reference. The City Council expressly declares that it would not have made this decision except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the use permitted hereby.

6. The development plans for the Project are on file in the Planning Division of the Development Services Department and are available for inspection by anyone interested herein, and the development plans are incorporated herein by this reference as if they were fully set forth herein. The Project is conditionally approved as set forth on the Application and Project drawings, all designated as approved by the City Council, and which shall not be altered without the express authorization by the Planning Division. Any deviations from the approved development plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.

BE IT FURTHER RESOLVED that pursuant to Government Code Section 66020(d)(1):
358
Item15.

1. NOTICE IS HEREBY GIVEN that the project is subject to certain fees described in the City of Escondido’s Development Fee Inventory on file in the Development Services Department. The project is also subject to dedications, reservations, and exactions, as specified in the Conditions of Approval.

2. NOTICE IS FURTHER GIVEN that the 90-day period during which to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020. 359
Item15.

EXHIBIT “A”

LEGAL DESCRIPTION
Resolution No. 2023-160
Exhibit "A"

Page 1 of 1 ends

Escondido City CouncilDecember 6, 2023

Escondido City Council
December 6, 2023