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Specific Plan Amendment
Exhibits to Modify (add the mixed-use overlay to APN 233-371-15-00 located within the Escondido Boulevard District)
1. General Plan Exhibit, Section 1.3 (Chapter 1, page 4)
2. South Centre City Spe cific Plan , Section 3.1 (Chapter 3, page 2 and page 4) and all applicable exhibits within C h. 3 corresponding to outside districts for reference/consistency
3. Northern section of the Area, Southern section of the Area, Section 4.1-Figure 4.1 (Chapter 4, page 2)
4. General Map Exhibit, Section 7.2 – Figure 7.2 (Chapter 7, page 4) Add Mixed-Use Overlay to APN
233-371-15-00 to allow up to 30
du/ac and 45-foot height limit
Ordinance No. 2023-20
Exhibit "B"
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Proposed text amendments to the Tables shown in red strikethrough and bold/underline.
The Escondido Boulevard, EB Commercial height remains at 26-feet/2-stories for commercial only projects and 45-feet for parcels specifically allowed with this Permit (City File No. PHG20-0036).
Ordinance No. 2023-20
Exhibit "B"
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EXHIBIT “C”
FINDINGS OF FACT/FACTORS TO BE CONSIDERED
Ordinance No. 2023-20
PLANNING CASE NUMBER: PHG20-0036
Environmental Determinations:
1. Pursuant to the California Environmental Quality Act, ( "CEQA"), Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the City of Escondido (“City”) is the Lead Agency for the project (“Project”), as the public agency with the principal responsibility for approving the Project.
2. The City Council adopted a Final Initial Study/Negative Declaration (IS/ND), (City Case No. ENV17- 0005) in 2018 for the South Centre City Specific Plan (Resolution No. 2018-20).
3. Section 15164 of the State CEQA Guidelines states that an Addendum to a Negative Declaration shall be prepared “if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subs equent Negative Declaration have occurred.” The proposed project is consistent with the adopted Final IS/ND. Specifically, none of the conditions defined in Sections 15162 and 15163 of the State CEQA Guidelines that would require preparation of a subsequent or supplemental Negative Declaration have been met.
4. As detailed in the Addendum and the project materials, the City finds that, pursuant to Section 15162, no subsequent Negative Declaration would be required. Because none of the conditions of Section 15162 of the State CEQA Guidelines occur and as the Addendum and the propo sed project satisfy the requirements of Section 15168, an Addendum to the South Centre City Parkway S pecific Plan Final IS/ND is the appropriate form of environmental documentation under CEQA for the proposed project.
Specific Plan Amendment Determinations:
1. The public health, safety and welfare would not be adversely affected by the proposed amendment to the South Centre City Specific Plan because the amendment would facilitate a proposed Project that is well-integrated with its surroundings near residentially and commercially developed properties.
Adequate parking, access, on -site circulation, utilities, landscaping and open space would be provided (as detailed in the staff report). The Project would not detrimentally impact levels of service on area roadways, would not unduly burden public services in the area, and would be consistent with the transit-oriented development opportunities envisioned for the project area.
2. The project site involved is suitable for the uses permitted by the mixed -use overlay b ecause the amendment would facilitate a proposed Project that is well -integrated with its surroundings near Ordinance No. 2023-20
Exhibit "C"
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residentially and commercially developed properties. Adequate parking, access, on-site circulation, utilities, landscaping and open space would be provided (as detailed in the staff report). Further, Project would assist in the implementation of the vision and goals identified in the Specific Plan to provide “Quality Housing” with new and creative infill multi-family development helps support housing choice and opportunity.
3. The proposed amendment to the South Centre City Specific Plan would not be detrimental to surrounding properties because it would assist in the implementation of the vision and goals identified in the Specific Plan to provide “Quality Housing” with new and creative infill multi-family development helps support housing choice and opportunity. The proposed mixed -use overall designation also allows for commercial opportunities to preserve and enhance commercial opportunities as key commercial nodes. The Project’s proposed street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; unit configuration; traffic and emergency access; grading; and open space and recreational amenities were all reviewed for compliance with relevant City policies and codes, and State Density Bonus statues.
4. The proposed amendment to the South Centre City Specific Plan would be consistent with the General Plan because the proposed infill residential Project would be in conformance with General Plan Housing Goals and Policies to plan for quality, managed, and s ustainable growth, and provide a range of housing opportunities for all income groups and populations with special needs, and which encourage a compact, efficient urban form that promotes transit, supports nearby commercial establishments and takes advantage of infrastructure improvements installed to accommodate their intended intensities. The Project would not detrimentally impact levels of services on area roadways nor result in adverse impacts to public services and infrastructure, or Quality of Life S tandards.
Further, the amendment would retain the General Plan vision for Specific Plan Area #15 that promotes “Quality Housing” as well as to preserve commercial opportunities as key commercial nodes as noted above.
5. Specific plan amendments must comply with the scope and authority of section 65450 to 65457 of the California Government Code. The City Council finds the proposed Specific Plan Amendment has been completed in compliance with the law.
Ordinance No. 2023-20
Exhibit "C"
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EXHIBIT “D”
Final Negative Declaration and Addendum
Ordinance No. 2023-20
Due to the number of pages of Exhibit “ D,” the following link has been provided to review the documents electronically on the City’s web site:
https://escondido.org/829-south-escondido-blvd-project
The link includes the following:
Final Negative Declaration for the South Centre City Speci fic Plan (Case Nos. PHG15-0003 and ENV17-0005)
Addendum to the Final Negative Declaration
Ordinance No. 2023-20
Exhibit "D"
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RESOLUTION NO. 2023-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING A PLOT PLAN
AND DENSITY BONUS FOR A 21-UNIT MULTI -FAMILY
RESIDENTIAL/MIXED-USE PROJECT
WHEREAS, 9TH Avenue Escondido, LLC (“Applicant”) filed a land use development application (Planning Case No. PHG20-0036) constituting a request for an Amendment to the South Centre City Specific Plan, Major Plot Plan and Density Bonus for a 21-unit multi-family residential/mixed -use development (“Project”), on approximately 0.46 acres generally located on the northwest corner of S.
Escondido Boulevard and W. Ninth Avenue, addressed at 829-849 S. Escondido Boulevard and 332 W.
Ninth Avenue (Assessor’s Parcel Numbers 233-371-14-00 and 2 33-371-15-00); as more particularly described in Exhibit “A,” which is attached hereto and made a part hereof as though fully set forth herein (“Property”); and
WHEREAS, the Application was submitted to, and processed by, the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code Section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”); and
WHEREAS, multi-family mixed-use development is permitted within the South Centre City Specific Plan subject to approval of a Plot Plan , in accordance with Article 61, Division 8 of the Escondido Zoning Code; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and
WHEREAS, a Final Negative Declaration was adopted for the South Centre City Specific Plan (City File Nos. PHG15-0003/ENV17-0005); and
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WHEREAS, an Addendum to the Final Negative Declaration was prepared for the Project in conformance with the California Environmental Quality Act (“CEQA”); and WHEREAS, the Planning Division studie d the Application, performed necessary investigations, prepared a written report, and hereby recommends approval of the Project as depicted on the plan set shown in Exhibit "B," which is attached hereto and made a part hereof by this reference as though fully set forth herein; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 28, 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 Resolution No. 202 3-23, recommending that the City Council approve the Project; and
WHEREAS, the City Council of the City of Escondido held a d uly noticed public hearing on December 13, 2023, as prescribed by law, at which time the City Council received and considered the reports and recommendation of the Planning Division and Planning Commission, and gave all persons full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the City Council, including without limitation:
a) 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 13, 2023, which along with its attachments, and City staff's recommendation on the Project, is incorporated herein as though fully set forth; d) The Planning Commission recommendation; and
e) Additional information submitted during the public hearing; and 361
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WHEREAS, the City Clerk, whose office is located at 201 North Broadway, Escondido, California, 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decisi on is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
2. That the City Council has reviewed and considered the Addendum to the Final Negative Declaration prepared for the Project in conformance with CEQA, the staff report dated December 13, 2023, and testimony given at the public hearing, and makes the determinative Findings of Fact contained in Exhibit "C" attached hereto and incorporated by this reference. The Addendum to the Final Negative Declaration adequately addresses all environmental issues associated with the Project, and the Project would not result in any significant impacts to the environmental.
3. That the Findings of Fact were made by the City Council, and upon their consideration along with the staff report s, public testimony presented at the hearing, and all other oral and written evidence on this Project, this City Council approves the Project, subject to the Conditions of Approval set forth in Exhibit " D" attached hereto and incorporated by this reference . The City Council expressly declares that i t would not have made this decision except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the use permitted hereby.
4. That the City Council desires at this time and deems it to be in the best public interest to approve the Plot Plan and Density Bonus as depicted in Exhibit “B.” 362
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5. That this Plot Plan and Density Bonus shall be null and void within 24 month s of the effective date of this Resolution if a building permit has not been obtained or work has been discontinued in the reliance of that building permit , or unless an Extension of Time is granted pursuant to Article 61, Division 8 of the Escondido Zoning Code.
6. That concurrently with this Resolution, the City Council is taking a number of actions in furtherance of the Project, as generally described by the December 13, 2023, City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective in the manner provided by state law. Therefore, this Resolution shall become effective and operative on the day immediately subsequent to the date that Ordinance No. 2023-20 becomes effective.
BE IT FURTHER RESOLVED that, pursuant to Government Code Section 66020(d)(1):
1. NOTICE IS HEREBY GIVEN that the Project is subject to certain fees described in the City of Escondido’s Development Fee Inventory on file in both the Community Development Department and Public Works Department. Approval of this development project is conditioned upon payment of all applicable development fees and connection fees in the manner provided in Chapter 6 of the Escondido Municipal Code. The Project is also subject to dedications, reservations, and exactions, as specified in the Conditions of Approval.
2. NOTICE IS FURTHER GIVEN that the 90-day period during which to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020. 363
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EXHIBIT “A”
Legal Description
Lots 6, 7 and 8 in Block 136, 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.
APNs 233-371-14-00 and 233-371-15-00
Resolution No. 2023-171
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Plans
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EXHIBIT “C”
FINDINGS OF FACT
Resolution No. 2023-171
PLANNING CASE NUMBER: PHG20-0036
Plot Plan Determinations:
1. With the approval of the amendment to the Escondido Boulevard District to include mix-use residential development within the District through the expansion of the mixed-use overlay, the proposed 21-unit mixed-use Density Bonus project is a permitted use in the zone in which it is located. The proposed infill residential Project would be in conformance with General Plan Housing Goals and Policies to plan for quality, managed, and sustainable growth, and provide a range of housing opportunities for all income groups and populations with special needs, and which encourage a compact, efficient urban form that promotes transit, supports nearby commercial establishments and takes advantage of infrastructure improvements installed to accommodate their intended intensities.
2. The Plot Plan is granted subject to such conditions as deemed necessary to meet the standards of the use and zone in which it is located and to comply with applicable design standards, as detailed in Exhibit G of Resolution No. 2023-23.
3. The Plot Plan is granted subject to such additional conditions as deemed necessary and desirable to preserve the public health, safety and general welfare , as detailed in Exhibit G of Resolution No. 2023-23.
Density Bonus Determinations:
1. The requested concessions and waivers would not create an adverse impact upon the health, safety or the physical environment in that the increase in height and additional one unit would allow for increased densities that work to accommodate the City of Escondido’s Regional Housing Needs Allocation of 9,607 units within the identified Specific Plan area. The reduction in parking would still yield parking spaces on site for the residential use, and result in a waiver to the process for tandem spaces, which streamlines the housing process.
Resolution No. 2023-171
Exhibit "C"
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EXHIBIT “D”
CONDITIONS OF APPROVAL
Planning Case Number: PHG20-0036
This Project is conditionally approved as set forth on the application received by the City of Escondido on August 6, 2022 , and the P roject drawings consisting of Civil Plans/Grading, Sections, Site Plans, Floor Plans, Architectural Elevations, Landscape P lans and Colored Elevations; all designated as recommended for approval on December 13 , 2023, and shall not be altered without express authorization by the Development Services Department.
For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, or its successor(s) in interest, as may be applicable.
A. General:
1. Acceptance of Permit. Should the Applicant fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant:
a. Acceptance of the Permit by the Applicant; and
b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.
2. Permit Expiration. The Permit shall expire 24 months from the effective date of City Council approval of the Plot Plan and Density Bonus unless additional time is granted pursuant to Zoning Code Article 61, Division 8 (Plot Plans).
3. Certification. The Director of Development Services, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. Three copies of final Approved Plan set, shall be submitted to the Planning Division for certification. Said plans must be certified by the Planning Division prior to submittal of any post- entitlement permit, including grading, public improvement, landscape, or building plans for the Project.
4. Conformance to Approved Plans.
a. The operation and/or use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.
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b. Nothing in this Permit shall authorize the Applicant to intensify the authorized activity beyond that which is specifically described in this Permit.
c. Once a permit has been issued, the Applicant may request Permit modifications. “Minor" modifications may be granted if found by the Director of Development Services to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. This includes modifications to any Grading Exemptions for the slopes up to an additional one foot in height, and modifications to retaining wall heights.
Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.
5. Limitations on Use. Prior to any use of the Project site pursuant to this Permit, all Conditions of Approval contained herein shall be completed or secured to the satisfaction of the Development Services Department.
6. Certificate of Occupancy.
a. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required, and any such change in occupancy must comply with all other applicable local and state laws.
b. Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Community Development.
7. Availability of Permit Conditions.
a. Prior to issuance of building permits, the Applicant shall cause a covenant regarding real property to be recorded that sets forth the terms and conditions of this Permit approval and shall be of a form and content satisfactory to the Director of Development Services.
b. The Applicant shall make a copy of the terms conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall be printed on any construction plans that are submitted to the Building Division for plan check processing.
8. Right to Entry. The holder of this Permit shall make the premises available for inspection by City staff during construction or operating hours and allow the investigations of property necessary to ensure that minimum codes, regulations, local ordinances and safety requirements are properly followed. The Applicant shall provide such business records, licenses, and other materials necessary upon request to provide evidence of compliance with the conditions of approval , as well as federal, state, or laws.
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9. Compliance with Federal, State, and Local Laws. Nothing in this Permit shall relieve the Applicant from complying with condition s, performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. (Permits from other agencies may be required as specified in the Permit’s Details of Request.) This Permit does not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building permits are issued unless specifically waived herein.
No part of this Permit’s approval shall be construed to permit a violation of any part of the Escondido Municipal or Zoning Code. During Project construction and after Project completion, the Applicant shall ensure the subject land use activit ies covered by this Permit is conducted in full compliance with all local and state laws.
10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Development Services. Through plan check processing, the Applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Development Services Department.
11. Community Facility District or Funding Mechanism. In accordance with the General Plan, the Developer shall fund all on -going operational costs of providing municipal services required for the Project, the amount of such funding shall be in accordance with City Ordinance 202 0-10, unless another amount is approved by the City Council at the time of Project approval. Such funding shall occur through either an agreement to form or annex into Services CFD 2020 -1 or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Projects that elect to annex into the Services CFD shall submit consent forms prior to the first permit issuance if they have not done so already. The provisions of the Public Services Funding Agreement shall specify any terms and limitations necessary to implement the CFD or other funding mechanism to offset the impacts to public services associated with the project. The City Manager, or City Manager’s designee, shall be authorized to approve and execute the Public Services Funding Agreement, and the Public Services Funding Agreement shall be finalized prior to the City’s issuance of any permit for the Project.
12. Public Art Partnership Program. All requirements of the Public Art Partnership Program, Ordinance No. 86 -70 shall be satisfied prior to any building permit issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program.
13. Clerk Recording.
a. State Law (SB 1535), effective January 1, 2007, requires certain projects to pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resour ces and/or sensitive habitat, in accordance with State law, or if the Project was analyzed through a negative declaration or environmental Resolution No. 2023-171
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impact report, the Applicant shall remit to the City of Escondido Planning Division, within two (2) working days of the effective date of the adoption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County notification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources C ode, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid. The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increases after the date of this approval, the Applicant shall be responsible for the increase.
b. For more information on filing fees, please refer to the County Clerk’s Office and/or the California Code of Regulations, Title 14, Section 753.5.
14. Legal Description Adequacy. The legal description attached to the application has been provided by the Applicant and neither the City of Escondido nor any of its employees assume responsibility for the accuracy of said legal description.
15. Application Accuracy. The information contained in the application and all attached materials are assumed to be correct, true, and complete. The City of Escondido is relying on the accuracy of this information and Project-related representations in order to process this application . Any permits issued by the City may be rescinded if it is determined that the information and materials submitted are not true and correct. The Applicant may be liable for any costs associated with rescission of such permits.
16. Enforcement. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, the City of Escondido shall have the right to deny or withhold subsequent permit approvals or permit inspections that are derived from the applic ation entitlements herein granted; issue stop work orders; pursue abatement orders, penalties, or other administrative remedies as set forth in state and local laws; or institute and prosecute litigation to compel compliance with said conditions or seek da mages for their violation. The applicant/developer shall be notified in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.
17. Indemnification, Hold Harmless, Duty to Defend.
a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunteers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, ord ers, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with (i) any Resolution No. 2023-171
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business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sublessees, invitees, agents, consultants, employees, or volunteers), or such activity of any other person that is permitted by the Applicant or owner of the Property, occurring in, on, about, or adjacent to the Property; (ii) any use of t he Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to an y condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon.
Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurre d by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).
b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff t ime expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in th e manner the City deems to be in the best interests of the City and the Project).
c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any init ial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations.
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Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.
B. Construction, Maintenance, and Operation Obligations:
1. Code Requirements. All construction shall comply with the applicable requirements of the Escondido Municipal Code, Escondido Zoning Code, California Building Code; and the requirements of the Planning Division, Engineering Services Department, Director of Community Development, Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes. Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit issuance unless specifically waived herein or by the terms of a Development Agreement.
As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of the property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on the property advertising such property for sale or rent shall be in accordance with applicable laws, and be kept clean, in like-new condition, and free from fading and graffiti at all times. This condition shall be applicable from the date the land use is ap proved. The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.
2. Agency License and Permitting. In order to make certain on - or off -site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies. Nothing in these Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on- or off -site improvements prior to Final Map recordation , grading permit issuance, building permit issuance, or certificate of occupancy as required. This review may result in conditions determined by the reviewing agency.
At all times during the effective period of this Permit, the Applicant and any affiliated responsible party shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the construction, maintenance, and operation of the authorized activity.
3. Utilities. All new utilities and utility runs shall be underground, or fee payment in-lieu subject to the satisfaction of the City Engineer.
4. Signage. All proposed signage associated with the Project must comply with Article 66 ( Sign Ordinance) of the Escondido Zoning Code, unless modified by this Project Planned Development.
Separate sign permits will be required for Project signage. All non -conforming signs shall be removed. The Applicant shall submit with any sign permit graphic/list of all signs to be removed and retained, along with any new signage proposed.
5. Noise. All Project generated noise shall conform to the City’s Noise Ordinance (Ordinance 90 - 08).
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6. Lighting. All exterior lighting shall conform to the requirements of Article 35 (Outdoor Lighting Ordinance) of the Escondido Zoning Code.
7. General Property Maintenance. The property owner or management company shall maintain the property in good visual and function al condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. The Applicant shall paint and re -paint all building exteriors, accessory equipment, and utility b oxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.
8. Anti-Graffiti. The Applicant shall remove all graffiti from buildings and wall surfaces within 48 hours of defacement, including all areas of the job site for when the Project is under construction.
9. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris.
Cleaning shall include keeping all publicly used areas free of litter, trash, and garbage.
10. Roof, Wall, and Ground Level Equipment. All mechanical equipment shall be screened and concealed from view in accordance with Section 33-1085 of the Escondido Zoning Code.
11. Trash Enclosures. Appropriate trash enclosure(s) or other approved trash system shall be approved by the Planning and Engineering Services Division. The property owner or management company shall be responsible for ensuring that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner. Trash enclosure covers shall be closed when not in use. Trash enclosures shall be regularly emptied. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.
12. Staging Construction Areas. All staging areas shall be conducted on the subject property, subject to approval of the Engineering Department. Off -site staging areas, if any, shall be approved through the issuance of an off-site staging area permit/agreement.
13. Disturbance Coordinator. The Applicant shall designate and provide a point -of-contact whose responsibilities shall include overseeing the implementation of Project, compliance with Permit terms and conditions, and responding to neighborhood concerns.
14. Construction Waste Reduction, Disposal, and Recycling. Applicant shall recycle or salvage for reuse a minimum of 65% of the non -hazardous construction and demolition waste for residential projects or portions thereof in accordance with either Section 4.408.2, 4.408.3, or
4.408.4 of the California Green Building Standards Code; and/or for non -residential projects or portions thereof in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non -residential construction projects, the Applicant must submit appropriate documentation as described in Section 4.408.5 of the California Green Building Standards Code for residential projects or portions thereof, or Section 5.408.1.4 for non- residential projects or portions thereof, demonstrating compliance with the California Green Building Standards Code sections cited above.
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15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50 -horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or eq uipment outfitted with CARB -verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Di rector of Community Development that (i) at least two construction fleet owners/operators in San Diego County were contacted and those owners/operators confirmed Tier 4 Interim equipment could not be located within San Diego County during the desired const ruction schedule, and (ii) the proposed replacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method, and documentation provided to the Planning Division confirms that necessary Project-generated functional equivalencies in the diesel PM emissions level are achieved , consistent with the environmental review/Addendum.
C. Parking and Loading/Unloading.
1. A shown on the site plan, a minimum of 27 on-site parking spaces (which includes up to 12 tandem spaces) shall be provided at all times. Parking shall be subject to the on-site parking requirements of Article 39 and Density Bonus Requirements, as identifi ed in the Project details of request.
Garages shall be maintained to provide parking for vehicles and storage (as may be designed) and other use of the garage space shall not impede the use of the garages for parking of vehicles.
2. No contractor or employe e may store, or permit to be stored, a commercial or construction vehicle/truck; or personal vehicle, truck, or other personal property on public-right-of-way or other public property without permission of the City Engineer.
3. Prior to issuance of building permits, a parking management plan shall be submitted to the Planning Division for review and approval. Said plan shall address space assignment(s), tandem spaces (assignment and use) gate hours (if provided), general maintenance, signage and striping, delivery and other short-term parking allowances/requirements, guest parking (if provided), and any other issues which affect the use and maintenance of the parking areas/spaces , including access and staging of the trash bins for access by Escondido Disposal.
D. Landscaping: The property owner or owners’ association assumes all responsibility for maintaining all on-site landscaping; storm water facilities, any landscaping in the public right -of-way, and other common areas in a manner that satisfies the conditions contained herein.
1. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation shall be provided for all landscape areas and be maintained in a fully operational condition.
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2. All existing planting and planter areas, incl uding areas within the public right -of-way, shall be repaired and landscaping brought into compliance with current standards. All dead plant material shall be removed and replaced by the property owner or management company.
3. If at the time of planning fi nal inspection that it is determined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.
4. The landscaped areas shall be free of all foreign matter, weeds and plant material not approved as part of the landscape plan.
5. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the Permit approval.
6. Landscaping Plans. Applicant shall install all required improvements including screening walls, retaining walls, storm improvements, and landscaping in substantial conformance to the planting and irrigation schedule as shown on the concept plans detailed in the Planning Commission staff report and associated Resolution exhibits.
a. A final landscape and irrigation plan shall be submitted to the Engineering Services Division for review and approval, if meeting any of the criteria listed under Section 33 -1323 of the Zoning Code. Five copies of detailed landscape and irrigation plans shall be submitted to the Engineering Services Department with the second submittal of the grading plan. The initial submittal of the landscape plans shall include the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also be required.) The landscape and irrigation p lans shall be reviewed and approved by the Planning Division and Engineering Services D ivision prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the sat isfaction of the Planning Division. The required landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.
b. Screening walls, retaining walls, storm improvements, and landscaping ( i.e., planting and irrigation) is to be provided prior to final occupancy , to the satisfaction of the Director of Development Services.
c. The installation of the landscaping and irrigation shall be inspected by the Project landscape architect upon completion. The landscape architect shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compli ance with the approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection.
d. Any new freestanding walls and/or retaining walls shall incorporate decorative materials or finishes, and shall be indicated on the landscaping plans. (Building permits may also be required.) All freestanding walls visible from points beyond the Project site shall be treated Resolution No. 2023-171
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with a protective sealant coating to facilitate graffiti removal. The sealant shall be a type satisfactory to the Director of Development Services.
E. Specific Planning Division Conditions:
Tribal Cultural Resource Conditions (TC)
1. TC-1 - Prior to the issuance of a grading permit, the Applicant shall enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a Pre -Excavation Agreement) with a tribe that is traditionally and culturally affiliated with the Project Location (“TCA Tribe”). The purposes of the agreement are (1) to provide the Applicant with clear expectations regarding tribal cultural resources, and (2) to formalize protocols and procedures between the Applicant/Owner and the TCA Tribe for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with the construction of the Project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, grading, and all other ground -disturbing activities. The agreement shall incorporate, at a minimum, the performance criteria and standards, protocols, and procedures set forth in conditions of approval TC-2 through TC-10, and the following information:
• Parties entering into the agreement and contact information. • Responsibilities of the Property Owner or their representative, archaeological monitors, and tribal monitors.
• Project grading and development scheduling, including determination of authority to adjust in the event of unexpected discovery, and terms of compensation for the monitors, including overtime and weekend rates, in addition to mileage reimbursement. • Requirements in the event of unanticipated discoveries, which shall address grading and grubbing requirements including controlled grading and controlled vegetation removal in areas of cultural sensitivity, analysis of identified cultural materials, and on -site storage of cultural materials.
• Treatment of identified Native American cultural materials. • Treatment of Native American human remains and associated grave goods. • Confidentiality of cultural information including location and data. • Negotiation of disagreements should they arise.
• Regulations that apply to cultural resources that have been identified or may be identified during project construction.
2. TC-2 - Prior to issuance of a grading permit, the Applicant shall provide written verification to the City that a qualified archaeologist and a Native American monitor associated with a TCA Tribe have been retained to implement the monitoring program. The archaeologist shall be responsible for coordinating with the Native American monitor. This verification shall be presented to the City in a letter from the Project archaeologist that confirms the selected Native American monitor is associated with a TCA Tribe. The City, prior to any pre -construction meeting, shall approve all persons involved in the monitoring program.
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3. TC-3 - The qualified archaeologist and a Native American monitor shall attend all applicable pre- construction meetings with the General Contractor and/or associated subcontracto rs to explain and coordinate the requirements of the monitoring program.
4. TC-4 - During the initial grubbing, site grading, excavation or disturbance of the ground surface (including both on - and off-site improvement areas), the qualified archaeologist and the Native American monitor shall be present full -time. If the full -time monitoring reveals that the topsoil throughout the Project impact area (both on and off-site) has been previously removed during the development of the roads and buildings within the Project area, then a decrease of monitoring to part-time monitoring or the termination of monitoring can be implemented, as deemed appropriate by the qualified archaeologist in consultation with the Native American monitor. The frequency of subsequent monitoring shall depend on the rate of excavation, the materials excavated, and any discoveries of tribal cultural resources as defined in California Public Resources Code Section 21074. The qualified archaeologist, in consultation with the N ative American monitor, shall be responsible for determining the duration and frequency of monitoring considering these factors.
Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits (i.e., soil conditions are comprised solely of fill or granitic bedrock).
5. TC-5 - In the event that previously unidentified tribal cultural resources are discovered, all work must halt within a 100 -foot radius of the discovery. The qualified archaeologist and the Native American monitor shall evaluate the significance of the find and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The qualified archaeologist and Native American Monitor shall consider the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c) in determining the significance of a discovered resource. If the professional archaeologist and Native American monitor determine that the find does not represent a culturally significant resource, work may resume immediately, and no agency notifications are required. Isolates and clearly non - significant deposits shall be documented in the field and collected and monitored grading can immediately proceed. All unearthed archaeological resources or tribal cultural resources shall be collected, temporarily stored in a secure location, and repatriated for later reburial on the project site, pursuant to the terms of the Pre-Excavation Agreement.
6. TC-6 - A potentially significant tribal cultural resource, considering the criteria identified by California Public Resources Code sections 21083.2(g) and 21074, and CEQA Guidelines sections 15064 and 15064.5(c), the archaeologist shall immediately notify the City of said discovery. The qualified archaeologist, in consultation with the City, the consulting TCA Tribe(s), and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the tribal cultural resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the TCA Tribe(s) and be submitted to the City for review and approval. If the find is d etermined to be a Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) though (c), appropriate treatment measures will be implemented. Work may not resume within the no -work radius until the City, through con sultation as set forth herein, determines either that: 1) the discovery does not constitute a Tribal Cultural Resource under CEQA, as defined in California Public Resources Code Section 21074(a) through (c); or 2) the approved treatment and disposition measures have been completed.
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7. TC-7 - All sacred sites, significant tribal cultural resources, and unique archaeological resources encountered within the Project area shall be avoided and preserved. The avoidance and preservation of the significant tribal cultural resource or unique archaeological resource must first be considered and evaluated in consultation with the TCA Tribe(s) as required by CEQA and in compliance with all relevant conditions of approval for the Project. If any significant tribal cultural resource or unique archaeological resource has been discovered and such avoidance or preservation measure has been deemed to be infeasible by the City’s Director of Development Services (after a recommendation is provided by the qualified archaeologist, in consultation with the TCA Tribe(s), making a determination of infeasibility that takes into account the factors listed in California Public Resources Code sections 21061.1, 21081(a)(3), and CEQA Guidelines section 15091, and in accordance with all releva nt conditions of approval for the Project), then culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a research design and data recovery program to mitigate impacts shall be prepared by the qualified archaeologist (using professional archaeological methods), in consultation with the TCA Tribe and the Native American monitor, and shall be subject to approval by the City. No artifact sampling for analysis is allowed, unless requested and approved by the consulting TCA Tribe(s). Before construction activities are allowed to resume in the affected area, the research design and data recovery program activities must be concluded to the satisfaction of the City.
8. TC-8 - As specified by California Health and Safety Code section 7050.5, if human remains are found on the Project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized repre sentative, shall immediately notify the San Diego County Coroner’s office. Determination of whether the remains are human shall be conducted on site and in situ where they were discovered by a forensic anthropologist, unless the forensic anthropologist and the Native American monitor agree to remove the remains to a temporary off-site location for examination. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the coroner has made the necessary findings as to origin and disposition. A temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the project (California Public Resources Code § 5097.98) for proper treatment and disposition in accordance with California Public Resources Code section 5097.98. The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the City does not agree with the recommendations of the MLD, the NAHC can mediate (California Public Resources Code § 5097.94). If no agreement is reached, the remains shall be kept in situ, or reburied in a secure location in close proximity t o where they were found and where they will not be further disturbed (California Public Resources Code § 5097.98). Work may not resume within the no work radius until the lead agency, through consultation as appropriate, determines that the treatment measu res have been completed to their satisfaction. The analysis of the remains shall only occur on site in the presence of the MLD, unless the forensic anthropologist and the MLD agree to remove the remains to an off-site location for examination.
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9. TC-9 - If the qualified archaeologist elects to collect any tribal cultural resources, the Native American monitor must be present during any cataloging of those resources. Moreover, if the qualified archaeologist does not collect the cultural resources that are une arthed during the ground-disturbing activities, the Native American monitor may, at their discretion, collect said resources for later reburial on the Project site or storage at a local curation facility. Any tribal cultural resources collected by the qual ified archaeologist shall be repatriated to the TCA Tribe for reburial on the Project site. Should the TCA Tribe(s) decline the collection, the collection shall be curated at the San Diego Archaeological Center. All other resources determined by the qualified archaeologist, in consultation with the Native American monitor, to not be tribal cultural resources, shall be curated at the San Diego Archaeological Center.
10. TC-10 - Prior to the release of the grading bond, a monitoring report and/or evaluation repo rt, if appropriate, that describes the results, analysis, and conclusions of the archaeological monitoring program and any data recovery program on the Project site, shall be submitted by the qualified archaeologist to the City. The Native American monitor shall be responsible for providing any notes or comments to the qualified archaeologist in a timely manner to be submitted with the report. The report will include California Department of Parks and Recreation Primary and Archaeological Site Forms for any newly discovered resources. A copy of the final report will be submitted to the South Coastal Information Center after approval by the City.
11. No utilities shall be released for any purpose or Certificate of Occupancy issued until all requirements of the Planning and Building Divisions, Fire Department and Engineering Services Division have been completed.
12. Building plans, prepared by a licensed design professional, must be submitted for the Project and must comply with the building and fire codes in effect at the time of building plan submittal.
13. The plans submitted for building permit shall include notes or details containing the necessary work involved in complying with these Project conditions.
14. Three residential units shall be deed restricted to households qualifying as very -low-income households, and rented at very-low-income rents per state policy (“Affordable Units”).
15. The screening of roof -mounted, ground-mounted, or wall -mounted mechanical equipm ent and devices is required in accordance with Section 33-1085 of the Escondido Zoning Code.
16. The Affordable Units shall be constructed concurrently with, or earlier than construction of the unrestricted units. The City shall not issue building permits for more than fifty (50) percent of the unrestricted units until the City has issued building permits for all of the Affordable Units.
17. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for the unrestricted units in the Project.
18. The design, appearance, and general quality of the Affordable Units shall be consistent or compatible with the design of the total housing develop ment in terms of appearance, materials, and finished quality.
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19. The average square footage for the unrestricted units shall be approximately the same as the average square footage for the Affordable Units of the same number of bedrooms.
20. All Affordable Units shall have at least two (2) bedrooms as required by Municipal Code Section 33-1417(d).
21. The Affordable Units shall be disbursed within the housing development.
22. The City shall not approve any final inspections or issue any certificates of occupancy for m ore than fifty (50) percent of the unrestricted units until the City has issued certificates of occupancy for all of the Affordable Units.
23. The building, architecture, colors and materials, and conceptual landscaping shall be in substantial conformance with the Plot Plan exhibits attached as Exhibit “ F” and on -file with the Planning Division, except as modified by these conditions of approval. Minor modifications may be approved by the City Planner. Major modification will require a modification to the Plot Plan in accordance with Article 61. The final design of the western screen wall, pedestrian entry gate/trellis, street frontage landscape design, vehicular access gate and western building elevation and stairs shall be approved by the Planning Division prior to the submittal of grading and building plans for the Project.
24. Permitted animals/pets shall be allowed in conformance with those identified in the Escondido Zoning Code for R-4/5 zoned properties (pursuant to Article 57), unless more restrictive standards are applied by the property owner.
25. Balconies and patios shall be kept in a neat and orderly manner. Items stored on balconies should be kept out of view or properly screened. Items shall not be hung over, across or on balconies or patios (such a towels, clothing, etc.).
26. Any materials containing asbestos that will be disturbed during demolition activities must be managed in accordance with any applicable local, State and Federal regulations by a licensed abatement contractor under controlled conditions. Current federal and state regulations require any repair, renovation and/or demolition of such materials be conducted only by workers and/or contractors who have been properly trained in the correct handling of asbestos. All asbestos work should be accomplished under the direction of an Independent State Certified Asbestos Consultant with oversight performed by a State Certified Site Surveillance Technician. The materials must be disposed of at an approved facility licensed to handle such waste.
27. Prior to issuance of building permits, the building plans, a final technical noise assessment shall be submitted to the Planning Division to ensure all rooms comply with the relevant interior noise standards of 45 CNEL for habitable areas. Appropriate means of air circulation and provision of fresh air also shall be incorporated into the final building plans to ensure that windows would be able to remain closed.
28. Prior to issuance of building permits, a Lot Tie Agreement sh all be recorded between the two parcels (APNs 233-371-1400 and 233-371-1500).
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F. Housing and Neighborhood Services Conditions:
1. The Project shall provide a minimum of 3 dwelling units for very-low-income households (those earning less than 50 percent of the Area Median Income for the San Diego-Carlsbad-San Marcos MSA). Prior to issuance of a building permit, the developer shall sign a binding affordable housing agreement with the City, which will set forth the conditions and guidelines to b e met in the implementation of Density Bonus Law requirements and any other applicable requirements (Within the affordable housing agreement, the developer will be responsible for annual recertification of household income qualifications and compliance with rent limits). The agreement will also establish specific compliance standards and remedies available to the City upon failure by the developer to restrict units to target households for the prescribed time period (55 years for all target units as described in Government Code section 65915(c)). Income qualified households will be monitored by the City of Escondido Housing and Neighborhood Services Division for the duration of the affordability period. Monitoring fees will be applied per the affordable ho using agreement.
2. All affordability agreements shall run with the land and be binding on the applicant and its heirs, transferees, assigns, successors, administrators, executors, and other representatives, and recorded on the applicable property for the requisite period of time.
G. General Building Division Conditions: Building plans must be submitted for the Project. These comments are preliminary only. A comprehensive plan check will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required.
1. The applicant shall submit a complete set of construction plans to the Development Services Department for building permit plan check processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The International Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). Commercial and Multi -residential construction must also contain details and notes to show compliance with State disabled accessibility mandates. These comments are preliminary only. A comprehensive plan check will be completed prior to permit issuance, additional technical code requirements may be identified, and changes to the originally submitted plans may be required.
H. General Fire Division Conditions:
1. Fire underground line, fire sprinkler, and fire alarm plans shall be a def erred submittal to the Escondido Fire Department. An approved paved access and adequate water supply shall be provided prior to any combustible being brought to the site. FDC and hydrant placement shall be approved by the Escondido Fire Department.
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I. Specific Engineering Conditions of Approval:
GENERAL
1. The Developer shall provide the City Engineer with a current Preliminary Title Report covering subject property.
2. The location of all existing on -site and adjacent utilities shall be determined by the Developer’s engineer. If a conflict occurs with the proposed project or improvements, these utilities shall be relocated subject to approval of the owner of the utility/facility prior to approval of Grading plans and issuance of Building Permits.
3. Improvement plans prepared by a Civil Engineer, required for all public street, utility, and storm drain improvements, and Grading/Private Improvement plans prepared by Civil Engineer, required for all grading, drainage and private onsite improvement design, shall be submitted for review through the virtual plan review portal as a single package containing all items on the Engineering Initial Submittal Checklists. Landscaping Plans shall be prepared by a Landscape Architect.
4. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Grading and Improvements Cost prepared by the project engineer.
The Developer is required to provide a Cash Clean Up deposit for all grading, landscaping, priv ate Improvements and onsite drainage improvements prior to approval of Grading Plans and issuance of Grading Permit. This Cash Clean Up Deposit amount shall be 10% of the total cost of the project private improvements, drainage and landscaping. The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10% of total public improvement cost estimate) bonds for all public improvements prior to approval of the Improvement Plans and issuance of Building Permits. All improvements shall be completed prior to issuance of a Certificate of Occupancy.
5. As surety for the construction of required off -site and/or on -site improvements, bon ds and agreements in a form acceptable to the City Attorney shall be posted by the Developer with the City of Escondido prior to the approval of any building permit.
6. If site conditions change adjacent to the proposed development prior to completion of the project, the Developer will be responsible to modify his/her improvements to accommodate these changes.
The determination and extent of the modification shall be to the satisfaction of the City Engineer.
7. All public improvements shall be constructed in a m anner that does not damage existing public improvements. Any damage shall be corrected by the Developer to the satisfaction of the City Engineer.
8. The Developer’s engineer shall submit to the Planning Department 2 copies of the Plot Plan as conditionally approved. These copies shall be stamped and signed by the Planning Department verifying that they are an accurate reproduction of the approved Plot Plan and a PDF of this approved plot must be included with the upload of the first Final Engineering submit tal for plan check to the Engineering Department.
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STREET IMPROVEMENTS AND TRAFFIC
1. The developer shall reconstruct and widen the existing public alley to 22’ wide with 3” asphalt concrete over approved aggregate base together with a 4’ wide concrete ribbon gutter in the center to the satisfaction of the City Engineer.
2. The driveway apron for the project’s new 9th Avenue entrance shall have a minimum throat width of 24’ and be constructed as an alley -type driveway apron in accordance with Escondido Standard Drawing No. G -5-E modified to the satisfaction of the City Engineer to accommodate the wider sidewalk and immediately adjacent existing driveway apron to the west.
3. The existing substandard radius curb return at the northwest corner of 9th Avenue and Escond ido Blvd. (SE cor. of project frontage) shall be bulbed out into the intersection as a pedestrian plaza and enhanced crossing and reconstructed with minimum radius of 30 feet per City Standard together with new pedestrian ramps to the satisfaction of the City Engineer. This curb return reconstruction shall include the relocation and/or adjustment to grade of various utility and traffic signal equipment including any affected traffic signal poles, pull boxes, etc.
4. The Developer will be required to modify any affected existing traffic signal equipment, signing, and striping as needed to accommodate the curb return reconstruction in Condition 2 above. The Developer shall submit separate traffic signal and signing and striping modification plan sheets prepared by a Traffic Engineer for review and approval by the City Engineer. All necessary traffic signal, signage, and striping modifications shall be per current City, Caltrans, and MUTCD Standards and shall include video detection and APS as needed. The Developer’s Traffic Engineer will also be responsible for any required signal timing and coordinating traffic signal modification work with the Developer’s Contractor(s) and Equipment Suppliers and City staff.
5. The developer will be responsible for rem oval of all existing and installation of all new signing and striping in compliance with the current CA MUTCD standards and to the satisfaction of the City Engineer.
6. The Developer shall repaint all pavement striping and markings adjacent to the project tha t have been damaged and prematurely faded due to project construction traffic to the satisfaction of the City Engineer.
7. All unused driveways shall be removed and replaced with full height curb and gutter and sidewalk in accordance with City standards.
8. The Developer will be required to install building mounted lighting that adequately illuminates the adjacent public alley and all on-site private drive aisles and parking areas, to the satisfaction of the Building Official and City Engineer. It shall be the responsibility of the Property Owner to operate and maintain these outdoor lighting systems.
9. Adequate horizontal sight distance shall be provided at all street intersections and driveway entrances. Increased parkway widths, open space easements, and restrictions on landscaping may be required at the discretion of the City Engineer.
10. The Developer shall remove and replace all damaged sidewalk, curb and gutter, along all project frontages to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy.
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11. The Developer may be responsible for an overlay of portions of Escondido Blvd. and 9th Avenue due to utility trenches necessary to serve this project. The determination of the extent of any required overlay shall be to the satisfaction of the City Engineer.
12. Pedestrian access routes meeting current ADA requirements shall be provided into the project to the satisfaction of the City Engineer and City Building Official.
13. All gated entrances shall be separately approved by the City Engineer, Building Official, and the Fire Marshal.
14. The Developer will be required to provide a detailed detour and traffic control plan, for all construction and staging activities within the Escondido Blvd., 9 th Avenue, and public alley rights -of-way to the satisfaction of the City Engineer. This plan shall include any proposed sidewalk closures and provide for alternate pedestrian access around the project site. This plan shall be approved prior to the issuance of an Encroachment Permit for construction or other project activities within the public right- of-way.
GRADING
1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be approved by the Engineering Department prior to issuance of building permits. The first submittal of t he grading plan shall be accompanied by a copy of the preliminary soils and geotechnical report. The Soils Engineer will be required to indicate in the soils report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.
2. All private access drive aisles and parking areas shall be paved with a minimum of 3” asphalt concrete over 6” of aggregate base or 7” Portland cement concrete over 6” aggregate base. All paved areas exceeding 15% slope or less than 1.0% shall be paved with Portland cement concrete.
3. Any proposed retaining walls not a part of the building foundations or stem walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be shown on the site grading plan and the Soils Engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in the Geotechnical report. Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered by Regional or City Standard Drawings. The Developer will be required to pay for all required third party structural engineering review of these structural calculations and details. Stem walls, foundation structures, or deepened footings that are to be constructed as part of a building structure will be permitted as part of the Building Department plan review and Building Permit process.
4. Any retaining walls and screen walls, stairs and raised landi ngs shall be constructed completely within the Project property and shall not encroach into the public rights-of-way or public easement areas.
5. The Developer will be required to obtain permission from adjoining property owners for any off-site grading or other work necessary to construct the project and/or the required improvements. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The Devel oper shall be responsible for maintaining all erosion control facilities throughout the project.
Resolution No. 2023-171
Exhibit "D"
401
Item12.
6. The Developer shall be responsible for the recycling of all excavated materials designated as Industrial Recyclables (soil, asphalt, sand, concrete, land clearing brush and rock) at a recycling center or other location(s) approved by the City Engineer.
7. All blasting operations performed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.
8. All existing foundations, structures, trees not otherwise designated “to remain” on the Plot Plan, shall be removed or demolished from the site.
9. All driveway grades shall conform to current Escondido Design Standards and Escondido Standard Drawings.
DRAINAGE
1. Final on-site and off-site storm drain improvements shall be determined to the satisfaction of the City Engineer and shall be based on a Final Drainage Study to be prepared by the Engineer of Work.
The drainage study shall be in conformance with the City of Escondido Design Standards.
2. All on-site storm drains are private. The responsibility for maintenance of these storm drains shall be that of the Property Owner.
3. The project shall limit drainage flows to their pre-construction rates. Details and calculations for any detention vaults shall be submitted and approved as part of the grading plan check.
4. A Final Storm Water Quality Management Plan (SWQMP) in compliance with the City’s latest adopted Storm Water Design Manual shall be prepared for all new ly created or replaced onsite impervious areas, impervious frontage, and required offsite improvements. The SWQMP shall be submitted for approval with the final improvement and grading plans. The SWQMP shall include calculations for treatment, hydromodif ication, pump, and storage volumes. The SWQMP shall include detailed maintenance requirements and responsibilities for all onsite conveyance, treatment, detention, and pump facilities. The SWQMP shall demonstrate how any proposed proprietary best management practices like modular wetlands meet bio -filtration treatment requirements in accordance with the City’s Storm Water Design Manual.
5. If a stormwater discharge pump system cannot be avoided, any pump system proposed to meet project discharge flow rates must be redundant and include an alarm panel in case of failure. Pumps must have operating curves verified to meet the proposed flow rates. Pumps and accompanying electrical connections must be called out on the building plans and are subject to building per mit approval. Underground storage/detention vaults must have appropriate inspection and maintenance access.
6. Trash enclosures shall be covered and be constructed to comply with storm water quality management requirements to the satisfaction of the City Eng ineer. The Developer will be required to provide evidence that Escondido Disposal Inc. is able and willing to provide trash and recycling service given this project’s internal trash collection and dumpster area.
7. The Developer will be required to have the current owner of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement.
Resolution No. 2023-171
Exhibit "D"
402
Item12.
8. All onsite and offsite storm water treatment and retention facilities and their drains including modular wetlands, underground storage and pumps, any permeable paver areas shall be considered private.
The responsibility for maintenance and repair of all project constructed/installed post construction storm water treatment facilities both onsite and in the adjacent public right-of-way shall be that of the Property Owner.
WATER SUPPLY
1. Fire hydrants, if required, together with an adequate water supply shall be installed at locations approved by the Fire Marshall. Fire hydrants shall connect to a minimum 8 -inch water main. Fire service lines shall connect to a minimum 8-inch water main.
2. The final locations and sizing of all required water mains, water services, fire hydrants, detector check assemblies, and other water appurtenances shall be designed and installed to the satisfaction of the Director of Utilities and the Utilities Engineer.
3. Fire suppression and sprinkler systems beyond the Detector Check Valves are private and shall be designed and constructed per current Building, Plumbing, and Fire Code Standards, and per the requirements of the City Fire Marshal and City Building Official and shall be approved by a separate submittal to the Building Department. Although private and approved by separate plans and permit, all fire suppression lines shall be shown for reference and review on the va rious final engineering plan sets.
4. All on-site water lines and backflow prevention devices beyond the City water meter or DCA shall be considered a private water system. The property owner shall be responsible for all maintenance of these water lines and appurtenances.
5. A 1 -inch minimum water service, 1 -inch water meter, and backflow prevention device shall be required for domestic water supply per City of Escondido Design Standards and Standard Drawings.
Water meters and backflow prevention devices shall not be installed within a driveway apron or on private drive areas.
6. No trees or deep-rooted bushes shall be planted within 10-feet of any water mains.
7. There shall be no permanent structures located within the City’s Public utility Easements.
8. Improvement plans for all proposed water mains and appurtenances shall be prepared by a Civil Engineer and submitted to the City of Escondido for review and approval.
9. All public water mains shall be located under asphalt or concrete pavement and not under curbs, gutters, medians or sidewalks.
10. Backflow prevention assemblies are private and should be located on private property. Backflows shall be located directly behind the public meter.
11. Any water services to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the public water meter to the satisfaction of the Utilities Engineer and Water Distribution Department.
Resolution No. 2023-171
Exhibit "D"
403
Item12.
12. Any fire hydrants to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the fire hydrant per the satisfaction of the Utilities Engineer and Water Distribution.
13. The Developer shall disconnect at the public main, all water services and fire hydrants laterals to be abandoned, to the satisfaction of the Utilities Engineer and Water Distribution Department.
SEWER
1. A private 6-inch minimum PVC sewer lateral with a standard clean-out within 18-inches of the Public Utility Easement or ROW shall be constructed for the pr oject and shown on the Improvement and Grading plans. Sewer laterals less than 8 -inches in diameter shall connect to the sewer main with a wye or Inserta-Tee.
2. All sewer laterals shall be constructed per current City of Escondido Design Standards and Standard Drawings and per the current Uniform Plumbing Code.
3. No trees or deep-rooted bushes shall be planted within 15-feet of any sewer main or within 10-feet of any sewer lateral. Sewer laterals shall be 5-feet horizontally clear from other utilities.
4. All sewer laterals shall be considered a private sewer system. The Home property owner shall be responsible for all maintenance of sewer laterals to the public sewer main.
5. Any sewer mains, laterals, and appurtenances shall be designed and constructed per curren t City of Escondido Design Standards and Standard Drawings, and to the satisfaction of the Utilities Engineer.
6. The project design shall be such that all existing or new sewer manholes are accessible at all times by City Vactor trucks for maintenance.
7. The D eveloper shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.
8. The location of all sewer laterals shall be shown on the grading and improvement plans.
LANDSCAPING
1. Site landscaping and irrigation plan for the project and for all right -of-way areas along the project frontages shall be prepared by a Licensed Landscape Architect and submitted to the Engineering Division with the second submittal of the grading plans for review and approval by Engineering and Planning Divisions. The initial submittal of the landscape plans shall include the required plan check fees. The responsibility for maintenance and irrigation of all project landscaping both onsite and in the adjacent public rights-of-way shall be that of the Property Owner.
EASEMENTS AND DEDICATIONS
1. The developer shall irrevocably offer to dedicate to the public a 5 -foot minimum wide pedestrian access easement beyond the existing rights -of-way at th e northwest corner of 9 th Ave. and Escondido Blvd., extending from this corner 20 feet along both Escondido Blvd. and 9 th Ave. This Resolution No. 2023-171
Exhibit "D"
404
Item12.
irrevocably offered pedestrian access easement shall be for potential future pedestrian ramp landing area if a “bus only” lane is ever added along the project’s Escondido Blvd. frontage.
2. All private and public easements affecting subject property both proposed and existing to remain shall be shown, delineated, dimensioned, and clearly labeled on all plan sets.
3. The Developer shall grant to the public an additional 2 feet of public right-of-way along the project’s entire alley frontage.
4. The Developer shall grant to the public additional areas of public utility easement as needed for any onsite placement of water meters, DDCAs, and air valves to the satisfaction of the City Engineer and Utilities Engineer.
5. The Developer is responsible for making the arrangements to quitclaim any easements of record which conflict with the proposed project prior to issuance of Building Permits. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval of the Grading plans. Buildin g permits will not be issued for structures in which construction will conflict with existing easements or utilities, nor will any securities be released until the existing easements are quitclaimed.
Material necessary for processing a dedication or easem ent shall include: a current grant deed or title report, a legal description and plat of the dedication or easement signed and sealed by a person authorized to practice land surveying (document size) and traverse closure tapes. The City will prepare all final documents.
CITYWIDE COMMUNITY FACILITIES DISTRICT (CFD)
1. In accordance with the General Plan, the Developer shall offset the cost of public services through an approved funding mechanism. The Developer shall fund all on -going operational costs of providing municipal services required for the Project, and 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 Ci ty (“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.
SURVEYING AND MONUMENTATION
1. All property corners shall be monumented by a person authorized to practice land surveying and a Record of Survey Map (or Corner Record if appropriate) shall be recorded.
REPAYMENTS AND FEES
1. A cash security shall be posted to pay any costs incurred by the City to clean -up eroded soils and debris, repair damage to public or private property and improvements, install Best Management Practices devices and materials, and stabilize and/or close -up a non -responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and Resolution No. 2023-171
Exhibit "D"
405
Item12.
the grading permit will be revoked by written notice to the Developer until the required cash security is replaced. The cleanup cash security shall be released upon final acceptance of the grading and improvements for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading, retaining walls, walls, drainage facilities, landscaping and irr igation, and best management practices items of work up to a maximum of $50,000, unless a higher amount is deemed necessary by the City Engineer.
2. The Developer shall be required to pay all development fees of the City then in effect at the time, and in such amounts as may prevail when Building Permits are issued.
UTILITY UNDERGROUNDING AND RELOCATION
1. Any existing overhead utilities within the project boundary or along fronting streets and the alley shall be relocated underground as required by the City’s Undergrounding Ordinance.
2. The Developer shall sign a written agreement stating that they have made all such arrangements as may be necessary to coordinate and provide utility construction, relocation and undergrounding. All new utilities shall be constructed underground.
Resolution No. 2023-171
Exhibit "D"
406
Item12.
STAFF REPORT
December 13, 2023
File Number 0610-70
SUBJECT
DEPUTY MAYOR APPOINTMENT
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council appoint a Deputy Mayor in accordance with Ordinance No. 2020-28.
Staff Recommendation: Approval (City Clerk: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
BACKGROUND
On November 18, 2020, the City Council adopted Ordinance No. 2020 -28, which amended Chapter 2, Article 2, Section 2-24 of the Escondido Municipal Code as follows:
Sec. 2-24. Deputy Mayor Selection.
(a) The city council shall meet on the first Wednesday following certification of the results of the general municipal election and select a deputy mayor by appointment from among the councilmembers. If the deputy mayor leaves elected office, the city council shall appoint a new deputy mayor at the next regular city council meeting. (b) The deputy mayor shall serve a one-year term.
(c) The deputy mayor position shall rotate among councilmembers representing the four council districts.
(1) The city council shall appoint the deputy mayor based on seniority in current office. Each councilmember shall be appointed deputy mayor at least once during their four-year term in office.
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Item13.
(2) If multiple councilmembers have the same seniority at the time of appointment, the city council shall appoint the deputy mayor based on the highest votes received in the general election.
(3) If a councilmember fails or refuses to serve as deputy mayor, the councilmember shall not serve as deputy mayor until the other three councilmembers have another opportunity for appointment. (d) No city councilmember should be appointed deputy mayor during their first year in office. (e) The city council retains the rig ht to appoint the deputy mayor by majority vote, notwithstanding subsection (b), whenever it deems necessary.
408
Item13.
STAFF REPORT
December 13, 2023
File Number 0680-20
SUBJECT
COUNCIL RESOLUTION OPPOSING THE REMOVAL OR REPURPOSING OF ANY EXISTING ROADWAY
TRAFFIC LANES
DEPARTMENT
City Council
RECOMMENDATION
Request the City Council adopt Resolution No. 2023-172, objecting to the removal or repurposing of any travel lanes for purposes of accommodating state or NCTD Climate Goals.
Staff Recommendation: Approval (City Council: Mayor Dane White) Presenter: Mayor Dane White
FISCAL ANALYSIS
None.
PREVIOUS ACTION
None.
BACKGROUND
At the October 11, 2023 City Council Meeting, Mayor Dane White requested the City Clerk add an item to the Future Agenda to adopt a resolution stating its objection to the removal or repurposing of any travel lanes for purposes of accommodating state or NCTD Climate Goals.
RESOLUTIONS
a. Resolution No. 2023-172
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Item14.
RESOLUTION NO. 2023-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, STATING ITS OBJECTION TO
THE REMOVAL OR REPURPOSING OF ANY TRAVEL LANES
FOR PURPOSES OF ACCOMMODATING STATE OR NCTD
CLIMATE GOALS
WHEREAS, the City of Escondido City Council has a duty to ensure the residents of Escondido are fairly represented to the State of California and the region of San Diego County vis-a-vis the North County Transit District (NCTD); and
WHEREAS, NCTD is a decision -making body within the region, empowered by the State of California to govern certain limited aspects of travel and traffic patterns and is comprised of elected officials from each incorporated city in the San Diego County Supervisor District 5 area; and WHEREAS, the mission of NCTD is , “to operate an environmentally sustainable and fiscally responsible transit network that provides seamless mobility for all while achieving organizational and operational excellence;” and to fulfill its mission , NCTD must recognize and respect the unique needs of each city and desires of each local governing body; and WHEREAS, the residents, businesses and other visitors to Escondido benefit from using our local roadways; and
WHEREAS, Escondido residents and businesses pay sales taxes and other state and local taxes when purchasing fuel for their vehicles. These fuel-related taxes are intended to maintain roads in a good state of repair; and
WHEREAS, the residents of the City of Escondido have nee ds and responsibilities that must be met through safe, seamless and efficient travel and should not be burdened with limited access to roads paid for by gas taxes and other fees collected from every driver; and 410
Item14.
WHEREAS, the State of California has prioriti zed climate goals to reduce Greenhouse Gas (GHG) emissions throughout the state and recognizes it is reasonable for new development to achieve a fair share of per capita vehicle miles traveled (VMT) and GHG emissions reductions necessary to achieve statewide climate goals and to continue to work towards additional VMT and GHG emissions reductions through other measures; and
WHEREAS, NCTD is responsible for meeting the state’s climate goals and proposes to remove an eastbound and westbound lane from East Va lley Parkway in the City of Escondido from El Norte to the Transit Center for the purpose of reducing VMTs; and
WHEREAS, this change poses an und ue burden on the residents of Escondido who are trying to engage in necessary daily activities including employment and education, as well as contributing to the local economy by shopping at local businesses.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Escondido , California, as follows:
1. The above recitations are true.
2. That the City Council of the City of Escondido is the local governing body for the City and it does and should have control and authority over all roadway systems in its jurisdiction.
3. That the City Council of the City of Escondido stands with our residents, businesses and visitors to freely move about the City without the removal or repurposing of ANY existing roadway traffic lanes including , but not limited to , the east- and westbound lanes of Valley Parkwa y in the City of Escondido.
411
Item14.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
12/20/2023 - NO MEETING (WINTER BREAK)
12/27/2023 - NO MEETING (WINTER BREAK)
1/3/2024 - NO MEETING (NEW YEAR'S DAY)
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