Agenda packet — Escondido City Council, January 24, 2024 (part 1 of 3)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, JANUARY 24, 2024
4:00 PM - Closed Session (Cancelled)
5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

WELCOME TO YOUR CITY COUNCIL MEETING
We welcome your interest and involvement in the legislative process of Escondido. This agenda includes information about topics coming before the City Council and the action recommended by City staff.

MAYOR
Dane White

DEPUTY MAYOR
Christian Garcia (District 3)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Joe Garcia (District 2)
Michael Morasco (District 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

HOW TO WATCH
The City of Escondido provides three ways to watch a City Council meeting:

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.org 1 Wednesday, January 24, 2024

HOW TO PARTICIPATE
The City of Escondido provides two ways to communicate with the City Council during a meeting:

In Person In Writing

Fill out Speaker Slip and Submit to City Clerk https://escondido-ca.municodemeetings.com

ASSISTANCE PROVIDED
If you need special assistance to participate in this meeting, please contact our ADA Coordinator at 760-839-4869.

Notification 48 hours prior to the meeting will enable to city to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired – please see the City Clerk.

2 Wednesday, January 24, 2024

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remar ks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

CONSENT CALENDAR
Items on the Consent Calendar are not discussed individually and are approved in a single motion. However, Council members always have the option to have an item considered separately, either on their own request or at the request of staff or a member of the public.

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

2. APPROVAL OF MINUTES: Regular meeting of January 10, 2024

3 Wednesday, January 24, 2024

3. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
 379336 – 379507 dated December 6, 2023
 379508 – 379653 dated December 13, 2023
 379654 – 379982 dated December 20, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. ESTABLISH SPEED LIMITS FOR CENTRE CITY PARKWAY
Request the City Council adopt Resolution No. 2024-05 amending the traffic schedule establishing speed zones on Centre City Parkway.

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager/Interim Director of Development Services and Julie Procopio, City Engineer) Presenter: Edd Alberto, City Traffic Engineer
a) Resolution No. 2024-05

PUBLIC HEARING

6. MASTER AND PRECISE DEVELOPMENT PLAN FOR A FOUR-UNIT, MULTI-FAMILY RESIDENTIAL PROJECT – PL23-0075
Request the City Council conduct a public hearing on the development proposal and take action on the recommendations of City staff and the Planning Commission, which recommend that the City Council introduce Ordinance No. 2024-01 adopting a Master and Precise Development Plan for a four-unit multifamily residential development (“Project”), and the CEQA Notice of Exemption.

Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/ Interim Director of Development Services) Presenter: Jay Paul, Senior Planner
a) Ordinance No. 2024-01 (First Reading and Introduction)

4 Wednesday, January 24, 2024

CURRENT BUSINESS

7. CONSULTING SERVICES AGREEMENT AWARD FOR RFP 24-11 ESCONDIDO LIBRARY CRITICAL

INFRASTRUCTURE AND MODERNIZATION PROJECT
Request the City Council adopt Resolution No. 2024-06, authorizing the Mayor to execute, on behalf of the City, a Consulting Services Agreement (“Agreement”) with IDS Group, in an amount not to exceed $747,000 for design services for the Escondido Library Critical Infrastructure and Modernization Project (“Project”).

Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Laura McLin, Project Manager
a) Resolution No. 2024-06

8. REPEAL OF ORDINANCES ESTABLISHING AND IMPLEMENTING THE CITY'S SERVICES COMMUNITY FACILITIES DISTRICT 2020-1
Request the City Council introduce Ordinance No. 2024-02 rescinding and repealing the City of Escondido’s Services Community Facilities District and adopt Resolution No. 2023-12 authorizing the City Manager to execute a Settlement Agreement with the Building Industry Association to resolve litigation challenging the Services CFD and related City enactments.

Staff Recommendation: Approval (Development Services Department: Christopher W. McKinney, Deputy City Manager / Director of Development Services) Presenter: Christopher W. McKinney, Deputy City Manager / Director of Development Services a) Resolution No. 2024-12
b) Ordinance No. 2024-02 (First Reading and Introduction)

9. SAN DIEGO COUNTY WATER AUTHORITY BOARD OF DIRECTORS VACANCY INTERVIEWS Request the City Council conduct interviews of applicants to fill a vacancy on the San Diego County Water Authority Board of Directors, discuss and consider applicant qualifications, and take action on the vacancy, including appointment of a San Diego County Water Authority Director by approving Resolution No. 2024-13R.

Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
a) Resolution No. 2024-13R

5 Wednesday, January 24, 2024

FUTURE AGENDA

10. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S WEEKLY ACTIVITY REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Publi c Safety, and Community Development. This report is also available on the City’s website, www.escondido.org.

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, January 31, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, February 7, 2024 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council also sit as the Successor Agency to the Community Development Commission, Escondido Joint Powers Financing Authority, and the Mobilehome Rent Review Board.

6 Consent Item No. 1 January 24, 2024

A F F I D A V I T S

I T E M

P O S T I N G –

 Master and Precise Development Plan -
PL23-0075

7 Item1.

CITY OF ESCONDIDO

OFFICE OF THE CITY CLERK
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
(760) 83
9-4617

NOTICE OF PUBLIC HEARING
The Escondido City Council will hold a public hearing, in the City Council Chambers, Escondido City Hall, 201 N. Broadway, Escondido, California at 5 p.m., on Wednesday, January 24, 2024, to consider the item listed below:

MASTER AND PRECISE DEVELOPMENT PLAN – PL23-0075:

REQUEST
: The Project includes a Master and Precise Development Plan for the conversion and remodel of a two-story commercial structure to accommodate four, two-be droom apartment units on the second floor. Unit sizes range from 816 square feet to 934 square feet. The project also includes redesign of the existing parking located along the alley to include six covered parking s paces, new trash enclosure, exterior stairway and 2nd- story landing/terrace to provide access to the units. Th e proposal also includes ad option of the environmental determination for the Project.

ENVIRONMENTAL STATUS: The project qualifies for an exemption under the California Environmental Quality Act (“CEQA”) Guidelines sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structure).

If you challenge this item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

PLANNING COMMISSION ACTION: On December 12, 2023 the Planning Commission held a public hearing to take action on the project and voted 5-0 to recommend the City Council approve the Project.

PUBLIC COMMENT : To submit comments in writing, please do so at the following link: https://escondido- ca.municodemeetings.com/bc-citycouncil/webform/public-comment. All comments received from the public will be made a part of the record of the meeting.

The City of Escondido remains committed to complying with the Americans with Disabilities Act (ADA). Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City by filing out a Request for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760-839-4643, preferably at least 72 hours in advance of the event or activity. Forms can be found on the City’s website at:
https://www.escondido.org/americans-with-disabilities-act .

The staff report will be
avail able on the City’s website at
https://escondido-ca.municodemeetings.com/ on or around Thursday, January 18, 2024. For additional information, please contact Jay Paul (760) 839-4537, or email at
[email protected] and refer to Case No. PL23-0075.

Zack
Beck, City Clerk
City of Escondido
January 11, 2024

Published in THE ESCONDIDO TIMES-ADVOCATE
1/11/24
8 Item1.

January 10, 2024 Escondido City Council Minutes Page 1 of 8

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS
None.

CLOSED SESSION

I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)

a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Police Officers’ Association Sworn Personnel Bargaining Unit
b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Police Officers’ Association Non-Sworn Personnel Bargaining Unit
c. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido Firefighters’ Association Safety Personnel and Non- safety Personnel Bargaining Unit
d. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Escondido City Employees’ Association Supervisory Bargaining Unit
e. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Maintenance and Operations Bargaining Unit and Administrative / Clerical / Engineering Bargaining Unit, Teamsters Local 911
f. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Management Association Bargaining Unit 9 Item2.

January 10, 2024 Escondido City Council Minutes Page 2 of 8

Mayor White adjourned the meeting at 4:49 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

10 Item2.

January 10, 2024 Escondido City Council Minutes Page 3 of 8

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Dan Pritsker – Expressed concern regarding the rise of antisemitism in Escondido.

Sammy Shoreh – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Ella Revzin – Expressed concern regarding the rise of antisemitism in Escondido.

Mostafa Elsadany – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Khuloud Ake – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Nancy Burian – Expressed concern regarding homelessness in Escondido.

CONSENT CALENDAR
Motion: C. Garcia; Second: Morasco; Approved: 5-0
11 Item2.

January 10, 2024 Escondido City Council Minutes Page 4 of 8

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
 379336 – 379507 dated December 6, 2023
 379508 – 379653 dated December 13, 2023
 379654 – 379982 dated December 20, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular meetings of December 6, 2023 and December 13, 2023

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. SUPPORT FOR A CMFA BOLD PROGRAM FOR THE NUTMEG PROJECT Request the City Council adopt Resolution No. 2024-09 to approve and support a CMFA BOLD Program for the Nutmeg Project. (File Number 0440-15)
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services) Presenter: Christopher McKinney, Deputy City Manager/Interim Director of Development Services
a) Resolution No. 2024-09

6. SAN DIEGO SENIORS COMMUNITY FOUNDATION EMPOWER SAN DIEGO SENIOR CENTERS GRANT - $12,000
Request the City Council adopt Resolution No. 2024-01 authorizing the Director of Economic Development to receive a $12,000 grant from the San Diego Seniors Community Foundation. (File Number 0480-70)
Staff Recommendation: Approval (Community Services Department: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jilaine Hernandez, Community Services Supervisor a) Resolution No. 2024-01

7. FISCAL YEAR 2023-24 STATE OF CALIFORNIA CITIZEN’S OPTIONS FOR PUBLIC SAFETY

PROGRAM GRANT AND BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2024-04 authorizing the Escondido Police Department to accept a Fiscal Year 2023-24 Citizens’ Option for Public Safety Program Grant 12 Item2.

January 10, 2024 Escondido City Council Minutes Page 5 of 8

in the amount of $232,909; approving grant expenditures consistent with guidelines in AB1913; authorizing the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. (File Number 0480-70)
Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
a) Resolution No. 2024-04

8. FISCAL YEAR 2022-23 U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT – LOCAL SOLICITATION AND BUDGET ADJUSTMENT Request the City Council adopt Resolution No. 2024-03 to authorize the Police Department to accept a $46,913 Fiscal Year 2022-23 Edward Byrne Memorial Justice Assistance Grant (JAG); authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. (File Number 0480-70) Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
a) Resolution No. 2024-03

9. CONSENT TO RECORDATION OF AMENDED AND CORRECTED EASEMENT DEED Request the City Council adopt Resolution No. 2024-07 consenting to and accepting an Amended and Corrected Easement Deed in real property for recordation with the San Diego County Assessor/Recorder/County Clerk. (File Number 0690-80) Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney) Presenter: Michael McGuinness, City Attorney
a) Resolution No. 2024-07

10. REMOVAL OF CONDITION FOR PAYMENT OF DEFICIENCY FEE IN APPROVED DEVELOPMENT APPLICATION FOR ASH STREET PROJECT (PL22-0134/PL22-0154) Request the City Council adopt Resolution No. 2024-08 settling a Fee Protest claim by removing a condition of development approval amounting to $12,500 per unit imposed via adoption of a Tentative Subdivision Map in PL22-0134/PL22-0154. (File Number 0480-55) Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney) 13 Item2.

January 10, 2024 Escondido City Council Minutes Page 6 of 8

Presenter: Michael McGuinness, City Attorney
a) Resolution No. 2024-08

CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB)
The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.)

11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA,

AMENDING THE ESCONDIDO ZONING CODE TO ALLOW FOR AN INCREASE IN FENCE HEIGHT

ON A CASE BY CASE BASIS IN THE INDUSTRIAL AND COMMERCIAL ZONES THROUGH THE

ADMINISTRATIVE ADJUSTMENT PERMIT PROCESS
Approved on December 6, 2023 with a vote of 5/0.
a) Ordinance No. 2023-16 (Second Reading and Adoption)

12. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA,

AMENDING THE ZONING DISTRICT FOR THE SUBJECT PROPERTY FROM PLANNED DEVELOPMENT – INDUSTRIAL (PD-I) TO GENERAL INDUSTRIAL (M-2) Approved on December 6, 2023 with a vote of 5/0.
a) Ordinance No. 2023-17 (Second Reading and Adoption)

13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, REPEALING AND REPLACING ESCONDIDO MUNICIPAL CODE CHAPTER 16A, MASSAGE

REGULATION
Approved on December 6, 2023 with a vote of 5/0.
a) Ordinance No. 2023-18 (Second Reading and Adoption)

14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, ADOPTING

AN ADDENDUM TO THE SOUTH CENTRE CITY FINAL NEGATIVE DECLARATION AND

APPROVING AN AMENDMENT TO THE SOUTH CENTRE CITY SPECIFIC PLAN TO EXPAND THE

MIXED-USE OVERLAY WITHIN THE ESCONDIDO BOULEVARD DISTRICT Approved on December 13, 2023 with a vote of 5/0.
a) Ordinance No. 2023-20 (Second Reading and Adoption)
14 Item2.

January 10, 2024 Escondido City Council Minutes Page 7 of 8

CURRENT BUSINESS

15. REVIEW AND UPDATE CITY COUNCIL INTERAGENCY AND SUBCOMMITTEE ASSIGNMENTS Request the City Council review and update the City's current interagency and council subcommittee assignments. (File Number 0610-55)
Staff Recommendation: Provide Direction (City Council: Mayor Dane White) Presenter: Mayor Dane White
Motion to remove Councilmember Martinez from the San Diego County Water Authority Board of Directors and open an application process to fill the vacancy: Morasco; Second: C. Garcia; Approved: 5-0

FUTURE AGENDA

16. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
Councilmember Morasco – Attended the Bethlehem Walk at the Jesus Christ of Latter Day Saints.

Attended Winter Wonderland at the California Center for the Arts. Attended Oceanside Community Church.

Councilmember Joe Garcia – Attended a North County Transit District Meeting and the Board of Directors appointed a new Executive Director.

Deputy Mayor Christian Garcia – Attended a City Council / School Subcommittee Meeting.

Councilmember Consuelo Martinez – Attended a San Diego County Air Quality Control District Meeting.

Mayor Dane White – Attended a meeting with Supervisor Jim Desmond to discuss funding for Escondido. Attended a meeting with San Diego Mayor Todd Gloria’s staff to discuss policies pertaining to homelessness.

CITY MANAGER’S WEEKLY ACTIVITY REPORT
15 Item2.

January 10, 2024 Escondido City Council Minutes Page 8 of 8

The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.org.

ORAL COMMUNICATIONS
Yacin Alkolini - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Joaquin Hernandez - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Jasper Anda – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Becky Rapp – Thanked the City for banning cannabis businesses in Escondido.

Kristina Brown – Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

Taim Agha - Requested the City Council pass a resolution calling for a ceasefire between Hamas and Israel.

ADJOURNMENT
Mayor White adjourned the meeting at 5:49 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

16 Item2.

STAFF REPORT

January 10, 2024
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers:
379336 – 379507 dated December 6, 2023
379508 – 379653 dated December 13, 2023
379654 – 379982 dated December 20, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

FISCAL ANALYSIS
The total amount of the warrants for the following periods are as follows:

November 30, 2023 – December 06, 2023 is $1,299,526.49
December 07, 2023 – December 13, 2023 is $2,275,277.79
December 14, 2023 – December 20, 2023 is $5,664,041.35

BACKGROUND

The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. Thes e warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting.

17 Item3.

18 Item3.
19 Item4.

STAFF REPORT

January 24, 2024
File Number 1020-05

SUBJECT

ESTABLISH SPEED LIMITS FOR CENTRE CITY PARKWAY

DEPARTMENT
Development Services/Engineering

RECOMMENDATION
Request that the City Council adopt Resolution No. 2024-05 amending the traffic schedule establishing speed zones on Centre City Parkway.

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

FISCAL ANALYSIS
There will be an approximate cost of $ 2,000 associated with establishing speed limit s for Centre City Parkway to install ten (10) new speed limit signs. The funds for these signs are budgeted in the Traffic Infrastructure fund.

BACKGROUND
Speed plays a critical role in the cause and severity of crashes. In a collision between a vehicle and a pedestrian, for instance, speed influences the severity of injury an d fatality risk of a pedestrian. Studies have shown that the severity of the injury and likelihood of fatality to the pedestrian increases as speed increases. According to the 1999 National Highway Traffic Safety Administration (NHTSA) “Literature Review on Vehicle Travel Speeds and Pedestrian Injuries” study, fatality and serious injury rates increase substantially when travel speeds rise.

In October 2021, Governor Gavin Newsom signed Assembly Bill (AB) 43. The bill allows the City to maintain and enforce existing speed limits and roll back speed limit increases that happened several years ago , if the increase was not based on any physical changes to the design of the street. AB 43 took effect on January 1, 2022 and made a number of additions and modificat ions to the California Vehicle Code (CVC) that authorize local jurisdictions to set lower speed limits on certain streets.

CVC Section 40802 requires that Engineering and Traffic Surveys (E&TS) are conducted to establish speed limits and to enforce those speed limits using radar or other speed measuring devices. These surveys must 20 Item5.

be updated periodically (every five, seven, or 14 years, depending upon specific criteria), to ensure the speed limits reflect current conditions as dictated by the 2022 CVC. Thes e surveys must be conducted in accordance with applicable provisions of Section 627 “Engineering and Traffic Survey” of the CVC.

CVC Section 22358.6 requires local authorities to round speed limits to the nearest five (5) miles per hour of the 85th percentile of the free-flowing traffic. CVC Section 22358.6(c) also provides guidance that when a speed limit needs to be rounded up to the nearest five miles per hour increment of the 85 th-percentile speed, the local authority may decide to round down to the lower increment of the 85th-percentile speed.

The Centre City Parkway corridor is a prime arterial that is approximately 6.5 miles long within the City Limits. This corridor was once US Highway 395 and ownership was transferred to the City in 1978. In the time that Centre City Parkway has been part of the City of Escondido, posted speed limits have not been established. The prima facie speed limit of 65-mph applies to Centre City Parkway per the California Vehicle Code (CVC). Centre City Parkway varies from four to six lanes along the corridor and is divided by a variable width median. There is direct access to Interstate 15 at the northern and southern ends of Centre City Parkway.

The characteristics of Centre City Parkway vary throughout the corridor. The northern portion from the city limits north of Nutmeg Street to El Norte Parkway has long stretches between signalized intersections with little development fronting the roadway. The middle portion of the corridor between Mission Avenue and Towne Centre Driveway has signalized intersections more closely spaced. The traffic signals are coordinated based on a 45-mph travel speed. The land uses along this section of the corridor are primarily commercial and residential. The southern portion of the corridor from Towne Centre Driveway to the city limits south of Citracado Parkway runs parallel to frontage roads with a mix of residential, commercial, and undeveloped lots.

To establish speed limits on Centre City Parkway, the requirements of Section 40802 of the California Vehicle Code (CVC), Engineering and Traffic Surveys are required by the State of California to enforce those limits using radar or other speed measuring devices. The surveys must be conducted in accordance with applicable provisions of Section 627 “Engineering and Traffic Survey” of the CVC.

I. Posting Speed Limits
The Centre City Parkway Corridor has been divided into the following five (5) roadway segments:

1. Northern City Limits to El Norte Parkway; 2.1 miles

2. El Norte Parkway to Mission Avenue; 0.8 mile

3. Mission Avenue to 5th Avenue; 1 mile

4. 5th Avenue to Towne Centre Driveway; 1.2 miles

5. Town Centre Driveway to Southern City Limits; 1 mile 21 Item5.

E&TS were conducted at these five (5) roadway segments along Centre City Parkway in accordance with the CVC. Table 1 shows the results of the five surveys.

Segment
No. Segment
85th
Percentile
Speed
(MPH)
Rounded
Speed (MPH)
1 North City Limits El Norte Parkway 56 55
2 El Norte Parkway Mission Avenue 51 50
3 Mission Avenue 5th Avenue 47 45
4 5th Avenue Towne Centre Driveway 46 45
5 Towne Centre Driveway South City Limits 54 50

The result of the E&TS for the segments show that the prevailing speeds are 46-56 miles per hour (MPH), Segments 1-4 show the 85 th percentile speeds support rounding down to the nearest five mile per hour increment and the rounded speeds are appropriate for the surrounding land use and roadway geometry.

Segment 5 in the southern portion of the corridor has an 85th percentile speed of 54 miles per hour; the E&TS recommended that this speed be rounded down to 50 MPH rather than up to 55 MPH due to conditions not readily apparent to the driver including the presence of pedestrians with no improved sidewalks, a pace speed of 45 -54 mph, uncontrolled movements from side streets, and an accident rate higher than the Districtwide average for four lane divided roads.

IV. Recommendation
The results of the surveys were presented to the Tra nsportation and Community Safety Commission on January 11, 2024. The Transportation and Community Safety Commission voted to recommend approval to establish speed limits on the Centre City Parkway corridor and approval of the Engineering and Traffic Studies for the five segments through the City of Escondido as summarized in Table 2.

The new speed limits shall be effective when new speed limit signage has been erected upon the street.

The Police Department will issue warnings to drivers for the first two weeks of the speed limit signage being in place.

22 Item5.

Table 2 Summary of Speed Limit Actions

Street Name Segment Action
From To
Centre City Parkway City Limits North of
Nutmeg Street El Norte Parkway Establish 55 MPH
by City Council approval
Centre City Parkway El Norte Parkway Mission Avenue Establish 50 MPH by City Council approval
Centre City Parkway Mission Avenue 5th Avenue Establish 45 MPH by City Council approval
Centre City Parkway 5th Avenue Towne Centre
Driveway
Establish 45 MPH
by City Council approval
Centre City Parkway Towne Centre Driveway City Limits South of Citracado Parkway
Establish 50 MPH
by City Council approval

RESOLUTIONS
a. Resolution No. 2024-05

23 Item5.

RESOLUTION NO. 2024-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AMENDING THE TRAFFIC

SCHEDULE ESTABLISHING SPEED ZONE S ON CENTRE

CITY PARKWAY

WHEREAS, Escondido Municipal Code Section 28 -5(12) provides that the City Council shall establish a Traffic Schedule for Speed Zones; and
WHEREAS, vehicle speed plays a critical role in the cause and severity of crashes. In a collision between a vehicle and a pedestrian, speed influences the severity of injury and fatality risk of a pedestrian.

According to the 1999 National Highway Traffic Safety Administration (NHTSA) “Literature Review on Vehicle Travel Speeds and Pedestrian Injuries” study, fatality and serious injury rates increase substantially when travel speeds rise; and
WHEREAS, California Vehicle Code (“CVC”) Section 40802 requires that Engineering and Traffic Surveys (“E&TS”) are conducted to establish speed limits and to enforce those speed limits using radar or other speed measuring devices. These surveys must be updated periodically to ensure the speed limits reflect current conditions as dictated by the CVC. These surveys must be conducted in accordance with applicable provisions of CVC Section 627 “Engineering and Traffic Survey;” and WHEREAS, CVC Section 22358.6 requires local authorities to round speed limits to the nearest five (5) miles per hour of the 85th percentile of the free-flowing traffic. CVC Section 22358.6(c) also provides guidance that when a speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the local authority may decide to round down to the lower increment of the 85th-percentile speed; and

24 Item5.

WHEREAS, the Centre City Parkway corridor is a prime arterial that is approximately 6.5 miles long within the City Limits. Centre City Parkway varies from four to six lanes along the corridor and is divided by a variable width median. There is direct access to Interstate 15 at the northern and southern ends of Centre City Parkway. This corridor was once US Highway 395 and ownership was transferred from the State of California to the City in 1978. At this time, the prima facie speed limit of 65-mph applies to Centre City Parkway per the California Vehicle Code; and
WHEREAS, for purposes of study and consideration, the Centre City Parkway Corridor has been divided into the following five (5) roadway segments:

1. Northern City Limits to El Norte Parkway; 2.1 miles

2. El Norte Parkway to Mission Avenue; 0.8 mile

3. Mission Avenue to 5th Avenue; 1 mile

4. 5th Avenue to Towne Centre Driveway; 1.2 miles

5. Town Centre Driveway to Southern City Limits; 1 mile; and WHEREAS, the characteristics of Centre City Parkway vary throughout the corridor. The northern portion from the city limits north of Nutmeg Street to El Norte Parkway has long stretches between signalized intersections with little development fronting the roadway. The middle portion of the corridor between Mission Avenue and Towne Centre Driveway has signalized intersections more closel y spaced.

The traffic signals are coordinated based on a 45-mph travel speed. The land uses along this section of the corridor are primarily commercial and residential. The southern portion of the corridor from Towne Centre Driveway to the city limits sou th of Citracado Parkway runs parallel to frontage roads with a mix of residential, commercial, and undeveloped lots; and
WHEREAS, an E&TS was performed along the corridor and the result s of the study for the segments show that the prevailing speeds are 46-56 miles per hour (MPH), Segments 1 -4 show the 85 th percentile speeds support rounding down to the nearest five mile per hour increment and the rounded 25 Item5.
speeds are appropriate for the surrounding land use and roadway geometry. Segment 5 in the southern portion of the corridor has an 85th percentile speed of 54 miles per hour; and WHEREAS, the survey results were brought before the Transpor tation and Community Safety Commission (“Commission”) on January 11, 2024 and the Commission recommended that speed limits as provided for herein be adopted , approved the Engineering and Traffic Studies for the five segments through the City of Escondido, and found that the Segment 5 speed be rounded down to 50 MPH rather than up to 55 MPH due to conditions not readily apparent to the driver including the presence of pedestrians with no improved sidewalks, a pace speed of 45-54 mph, uncontrolled movements from side streets, and an accident rate higher than the Districtwide average for four lane divided roads; and WHEREAS, the City Council desires at this time to adopt the recommendation of the Commission and deems it to be in the best public interest to amend said traffic schedule.

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

1. That the above recitations are true.

2. That the City Council approves Resolution No. 202 4-05 amending the Traffic Schedule establishing Speed Zones on Centre City Parkway follows:
26 Item5.

Street Name From To
85th
Percentile
Speed
Recommended
Speed Limit
(MPH)
Centre City Parkway City Limits North of
Nutmeg Street El Norte Parkway 56 55
Centre City Parkway El Norte Parkway Mission Avenue 51 50 Centre City Parkway Mission Avenue 5
th
Avenue 47 45
Centre City Parkway 5
th
Avenue Towne Centre Driveway 46 45
Centre City Parkway Towne Centre Driveway City Limits South of Citracado Parkway 54 50

27 Item5.

STAFF REPORT

January 24, 2024
File Number 0830-07

SUBJECT

MASTER AND PRECISE DEVELOPMENT PLAN FOR A FOUR-UNIT, MULTI-FAMILY RESIDENTIAL PROJECT – PL23-0075

DEPARTMENT
Planning Division, Development Services Department

RECOMMENDATION
Request the City Council conduct a public hearing on the development proposal and take action on the recommendations of City staff and the Planning Commission, which recommend that the City Council introduce Ordinance No. 2024 -01 adopting a Master and Precise Development Plan for a four -unit multifamily residential development (“Project”), and the environmental determination for the Project.

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

PLANNING COMMISSION RECOMMENDATION
The Planning Commission considered the Project at its December 12, 2023 hearing and after deliberation, voted 6-0 (Commissioner Speer absent) to recommend the City Council approve the Project as conditioned; the staff report is included as Attachment “1”. The Commission’s discussion primarily focused on the Downtown Specific Plan Density Transfer Program process. The Commissioners did not express any concerns with the Project as proposed. No members of the public spoke at the hearing except for the Project applicant. Staff received one email expressing support for the Project , which is included as Attachment “2”.

PROJECT DESCRIPTION
The Project includes a Master and Precise Development Plan for the conversion and remodel of a two - story commercial structure to accommodate four, two -bedroom apartment units on the second floor.

The Project also includes redesign of the existing parking area located along the alley to include six covered parking spaces, new trash enclosure, and an exterior stairway and second-story landing/terrace to provide access to the units.

28 Item6.

BACKGROUND
The Project site is located within the Downtown Specific Plan’s Historic Downtown District . The site contains an approximately 8,000 square foot (“SF”) two-story building (4,000 SF per story) and paved parking area located on the south side of the site along a 20-foot-wide public alley. The existing two - story, rectangular-shaped, stucco-clad commercial building was constructed in 1920 in the “commercial vernacular” style, which is typified by a recessed facade, flat roof, and brick-like detail trim along the roof line. Two commercial tenants (The Grand Tea Room and Design MOE) currently occupy the first floor while the upper floor is vacant. The second story of the building once housed Escondido’s first hospital.

The property is listed on the City of Escondido’s Historic Sites Inventory and is listed on the Local Register.

LOCATION
The 0.16-acre Project site is located on the south side of W. Grand Avenue, between S. Maple Street and S. Broadway , and addressed at 143 -145 W. Grand Avenue (Assessor’s Parcel No. 233-062-02-00). A location map is provided under Attachment 1 of this report (refer to Attachment “1” of the Planning Commission staff report).

FISCAL ANALYSIS
As a private development Project, the proposed Project will require the payment of fees in effect at the time permits are requested. The Escondido City Council adopted Resolution No. 2020 -24 declaring the City’s intent to form a Community Facilities District (“CFD”) (collectively referred to herein as the “CFD”) to offset the cost of governmental services associated with new development. However, the City Council considered proposed changes to the City’s service CFD levies at its December 13, 2023 meeting and will take further actions to repeal the CFD ordinances. The Council adopted Resolution No. 2023-156 (vote 5- 0) amending the previously set levy of special taxes to eliminate the existing levies by setting all of them to $0.00 per unit per year for all residential housing types.

ANALYSIS

1. General Plan / Zoning Consistency

The City’s General Plan land-use designation for the 0.16-acre Project site is Specific Planning Area – Downtown Specific Plan (SPA 9) with a district designation of Historic Downtown (HD). The Project site is located with the Retail Core Area of the Downtown Specific Plan. The HD District and Retail Core Area along Grand Avenue pe rmits for multi -family residential as a permitted use only when located on the second floor , as ground -floor commercial is required. Pursuant to the Downtown Specific Plan, a Master and Precise Development Plan is required for the proposed development. The Master and Precise Development Plan process allows for flexibility in development standards for a project, as outlined in Article 19 of the Escondido Zoning Code. The HD District allows a residential density of up to 75 dwelling units per acre ( “du/ac”) with a height limit of three stories and 45 feet.

Based on the parcel size of 0.16 acres, the Project site could accommodate a theoretical yield of up to 29 Item6.

12 units. The Project proposes a density of 25 du/ac through the conversion of the second floor of the 27-foot-high building to accommodate four market rate apartment units with commercial uses on the ground floor. No increase in the building height is proposed. Therefore, the proposed Project is consistent with the land-use density and height standards envisioned for the Downtown Specific Plan.

The City adopted a “Downtown Density Transfer Program” that allows for the transfer of residential density from underutilized properties to properties that are undergoing redevelopment. This program allows property owners to re -assign or transfer units to other properties via a City administered density credit pool. The City holds the density credits until a redeveloping property acquires the density through the City’s program . The density transfer program prevents the loss of potential units when a property is redeveloped below the maximum density for the site, such as the proposed Project, in an effort to achieve full build-out in the Downtown Specific Plan area. The Project proposes a dens ity/yield that falls short of the maximum density allowed on the subject property ; therefore, the unused balance of eight residential units would be transferred to the Density Transfer Program, as required under Condition of Approval No. E11. A property owner has the ability to regain the transferred units for a future development of the subject site subject to Council approval. To date, over 900 unused density units have been transferred into the Program.

2. Site Design:

a) Project Access, Circulation and Parking:

The Project site fronts onto W. Grand Avenue on the north and a 20-foot-wide public alley on the south, which provides access to an existing fenced on -site parking and utility area. The Project design includes reconfiguration of the existing pa rking and utility area located towards the rear of the building to include six covered parking spaces, a new trash enclosure, and a stairway to the upper floor. The Project would include dedication of an additional two-feet along the Project’s southern frontage (public alley). Additionally, Grand Avenue is classified as a collector street and currently provides parallel and angled street parking. The Project site is also located within Vehicle Parking District No. 1, with several municipal parking lots in close proximity to the Project site.

Approval No. C3 would require the applicant to submit a parking management plan to the Planning Division detailing how the six spaces will be programmed for occupancy. For example, one parking space may be dedicated for each unit, with two additional spaces programmed for either the units, or set aside as guest spaces. Ultimately, Condition No. C3 will ensure the applicant programs the use of the parking spaces to the satisfaction of the Director of D evelopment Services. The 1.5 parking ratio would be consistent with other approved high density multi-family projects throughout the Downtown Area in close proximity to transit services. There are dedicated bus stops along 2 nd Avenue and Valley Parkway to serve the Downtown Area and Project. The North County Transit District Station/Sprinter Line is located at the northwest corner of W. Valley Parkway and Quince Street, five blocks (approximately 2,000 feet or 0.37 miles) to the west.

Due to the limited width of the parcel, existing above -ground infrastructure, upper-story access requirement, new trash enclosure, and required dedication along the alley, the applicant is also requesting a reduction in setbacks for the parking spaces to allow them along t he side and rear alley where a five-foot setback otherwise would be required. Although on-street parking spaces are provided along the Project frontages, these spaces are open public spaces and are not specifically reserved for the subject building.

b) Open Space and Landscaping:

A minimum of 300 square feet of open space is required per unit, which equates to 1,200 square feet of open space for the four -unit Project. The Project would provide 1,200 square feet of common open space area for the residents consisting of a usable upper-story deck on top of the new covered parking structure. Small landscape opportunities within the parking area also would be provided. The Downtown Specific Planning Area provides additional open space amenities in close proximity to the Project site, including Grape Day Park and the smaller park/recreation area at the corner of E. Grand Avenue and Juniper Street.

c) Architectural Design, Color/Materials and Unit Mix:

The site consists of a two -story structure that includes ex isting ground-floor commercial (two separate tenant spaces) and an upper floor proposed for conversion to accommodate four, two- bedroom residential units. Unit sizes range from 816 square feet to 934 square feet. The windows on the alley-facing/rear elevation would be replaced with energy efficient units with a dark brown finish and a similar multi-pane design. Access to the units would be from an interior hallway with a single exterior entry door from the second-story terrace/landing. The existing upper-story doors would be removed.

31 Item6.

The rear of the building facade would include a stucco veneer and the entire building painted a light tan. The proposed covered parking structure would function as an open space roof -type deck for the residents. Metal t ube-style railing would be installed along the new stairs, terrace/landing and parking/roof deck. Exterior lighting fixtures would be installed along the rear elevation with a color finish to match the window and door color. New code compliant windows with a frame style and multiple frames similar to the existing windows would replace the upper story windows on the Grand Avenue facade. These new windows would also function as emergency “rescue windows” to comply with Fire Department requirements. Project plans are included as Exhibit “B” to Ordinance No. 2024-01.

d) Historic Preservation Commission Recommendation:

The Downtown Specific Plan requires design review and the issuance of a Certificate of Appropriateness to be considered by the Historic Preservation Commission because the property is listed on the Local Register. The Historic Preservation Commission acts in an advisory role to the Director of Development Services on this matter. On November 11, 2023 , the Historic Preservation Commission considered the Project and voted 5 -0 to recommend approval of the Project design, exterior improvements and issuance of a Certificate of Appropriateness. The Commissioners did not express any concerns with the Project design and proposed building modifications.

ENVIRONMENTAL REVIEW
The Project qualifies for an exemption under the California Environmental Quality Act (“CEQA”) Guidelines sections 15301 (Existing Facilities), and 15303 (New Construction or Conversion of Small Structure). A Notice of Exemption has been included with the Planning Commission staff report as Attachment 3.

CONCLUSION

1. The proposed Project is cons istent with the General Plan and the Downtown Specific Plan which encourage redevelopment of underutilized commercial properties and urban residential growth within the Downtown Area. The Project would further the Land Use and Community Form goals in Chapter II of the Escondido General Plan, including those related to community character and smart growth, as well as the Housing goals in Chapter IV of the General Plan, which include planning for sustainable growth and providing housing opportunities for all income groups and household types.

the area. The proposed Project also provides for a well-designed, residential development that would be beneficial to its future residents and provide visual appeal in an area that is currently undergoing significant revitalization.

3. The Project as proposed would not have a significant effect on the environment, as designed and conditioned. The location, size, design and operational characteristics of the proposed Project would not be incompatible with, would not adversely affect, or would not be materially detrimental to adjacent land uses. The site is suitable for the type and intensity of use or development which is proposed. Both the Planning Commission and staff recommend the City Council adopt Ordinance No. 2024-01 to approve the proposed Project.

ORDINANCE
A. Ordinance No. 2024-01
B. Ordinance No. 2024-01, Exhibits A, B, C and D

ATTACHMENTS
A. Attachment 1 – December 12, 2023 Planning Commission staff report B. Attachment 2 – Written Correspondence
33 Item6.

DATE: 12/12/2023
PL23-0075 – 143-145 W. Grand Avenue
PROJECT NUMBER / NAME: PL23-0075 – Master and Precise Development Plan REQUEST: The Project includes a Master and Precise Development Plan for the conversion and remodel of a two-story commercial structure to accommodate four, two -bedroom apartment units on the second floor. The Project also includes redesign of the existing parking located along the alley to include six covered parking spaces, new trash enclosure, exterior stairway and second-story landing/terrace to provide access to the units. The proposal also includes adoption of the environmental determination for the Project.

PROPERTY SIZE AND LOCATION: The 0.16-acre project
site is located on the south side of West Grand Avenue, between S. Maple Street and S. Broadway addressed at
143-145 W. Grand Avenue (Assessor’s Parcel No. 233-
062-02-00)
APPLICANT: Zadar LLC, Owner
GENERAL PLAN / ZONING: Downtown Specific Plan (SPA
9) / Historic Downtown District (HD)
PRIMARY REPRESENTATIVE: Curtis Lively (Grand West
Associates)
DISCRETIONARY ACTIONS REQUESTED: Master and Precise Development Plan PREVIOUS ACTIONS: Historic Preservation Commission design review 11-16-23 CEQA RECOMMENDATION: The Project q ualifies for an exemption under the California Environmental Quality Act (“CEQA”) Guidelines sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structure) STAFF RECOMMENDATION: Recommend City Council approval of the Master and Precise Development Plan REQUESTED ACTION: Approve Planning Commission Resolution No. 2023-24 CITY COUNCIL HEARING REQUIRED: _X_YES ___NO
REPORT APPROVALS: X Dare DeLano, Senior Deputy City Attorney X Veronica Morones, City Planner

STAFF REPORT
Attachment "1"
34 Item6.

BACKGROUND
The 0.16-acre Project site (50’ x 140’ parcel) is located within the Historic Downtown District. The property contains an approximately 8,000 square foot two -story building (4,000 SF upper story) and paved parking area located on the south side of the site along a 20-foot-wide public alley. The existing two-story, rectangular-shaped, stucco-clad commercial building was constructed in 1920 in the “commercial vernacular” style, which is typified by a recessed facade, flat roof, and brick -like detail trim along the roof line. A commercial tenant (The Grand Tea Room and Design MOE) currently occupies the first floor and the upper floor is vacant. The City issued a Certificate of Appropriateness for previous alterations to the exterior of the building in 1999 which included replacement of the storefront windows and construction of a new recessed wall and entry door under the second floor. The second story of the building once housed Escondido’s first hospital. Photographs of the Project location and existing Project site are provided under Attachment 1. The property is listed on the City of Escondido’s Historic Sites Inventory and also on the Local Register (Attachment 2).

SUMMARY OF REQUEST
The Project applicant, Zadar LLC (“Applicant”) submitted an application for the conversion and remodel of a two - story commercial structure to accommodate four, two -bedroom apartment units on the second floor. Unit sizes range from 816 square feet to 934 square feet. The Project also includes redesign of the existing parking located along the alley to include six covered parking spaces, new trash enclosure, exterior stairway and second -story landing/terrace to provide access to the units. An interior hallway with a single exterior entry door from a new second-story terrace/landing would provide access to all units. The proposed covered parking structure would also function as an open space roof deck for the residents.

The Planning Commission provides a recommendation to the City Council due to the requested legislative action (Master Development Plan). Therefore, the Planning Commission’s reviewing role is to make a recommendation to City Council for approval or denial of the Master and Precise Development Plan.

SUPPLEMENTAL DETAILS OF REQUEST

1. Property Size: 0.16 acres (1 parcel)

2. Number of Units: 4 rental apartments

3. Building Size: 8,000 square feet (4,000 SF 1
st floor and 4,000 SF 2nd floor)
50’ W x 80’ L

4. Commercial: 4,000+/- SF ground level to remain

Minimum Required Provided

5. Unit Size: N/A 816 SF – 934 SF

6. Unit Type: N/A 4, two-bedroom units

7. Density: Up to 75 du/ac 25 du/ac (4 unit/0.16 ac)

8. Lot Coverage: N/A 57 percent bldg. lot coverage

9. Building Height Up to 45 feet-3 Stories (HD Dist.- 2- Stories – 27’ Retail Core)

10. Motor Vehicle Parking: 8 residential and 0 commercial 6 spaces (no commercial spaces) (1.75 per unit and 1 guest) On-street provided parking along 8 total spaces required Grand Avenue frontage (open public spaces)
Attachment "1"
35 Item6.

11. Setbacks: Per SP requirements Existing/Proposed
a. Front Yard (Grand): 14’ from curb face/or P/L 0’ to P/L and 14’ to existing whichever is greater bldg.

b. Rear Yard (alley): 0’ for building 58’ to existing building 5’ surface parking 0’ to carport structure/parking*Per PD

c. Side Yard: 0’ for building 0’ to existing building
5’ surface parking 0’ to new carport structure and
Parking *Per PD

12. Open Space / Landscaping: 1,2 00 SF (300 SF per unit) 1,200 SF (carport rooftop area)

13. Signage: Per Article 66 (Sign Ord) Per Article 66

14. Trash: 1 Trash Enclosure 1 Trash Enclosure

15. Heating and Ventilation: Screening required Mech Equipment located behind roof parapet walls

PROJECT ANALYSIS

1. General Plan Conformance:

a. Land use and density consistency

The City’s General Plan land -use designation for the 0.16-acre Project site is Specific Planning Area – Downtown Specific Plan (SPA 9) with a district designation of Historic Downtown (HD). The Project site is located within the Retail Core Area of the Downtown Specific Plan. The HD District and Retail Core Area along Grand Avenue permit for m ulti-family residential as an allowed use only when located on the second floor, as ground-floor commercial is required. The HD Distr ict allows a residential density of up to 75 dwelling units per acre (du/ac) with a height limit of three stories and 45 feet. Based on the parcel size of 0.16 acres, the property could accommodate a theoretical yield of up to 12 units. The Project proposes the conversion of the second floor of the 27-foot-high building to accommodate four market rate apartment units with commercial uses on the ground floor. No increase in the building height is proposed. Therefore, the proposed Project is consistent with the land-use density and height standards envisioned for the Downtown Specific Plan.

The City adopted a “Downtown Density Transfer Program” that allows for the transfer of residential density from underutilized properties to properties that are undergoing redevelopment. This program allows property owners to re-assign or transfer units to other properties via a City administered density credit pool. The City holds the density credits until a redeveloping property acquires the density through the City’s program. The density transfer program prevents the loss of potential units when a property is redeveloped below the maximum density for the site in an effort to achieve full build-out in the Downtown Specific Plan area. The project pr oposes a density/yield that falls short of the maximum density allowed on the subject property; therefore, the unused balance of eight residential units would be transferred to the Density Transfer Program, as required under Condition of Approval No. E.11.

Attachment "1"
36 Item6.

b. Housing Element and “No Net Loss”

The City identified a number of properties within the Downtown Specific Plan area where the conditions of existing uses are conducive to future redevelopment. The 2012 General Plan rezoned a majority of Escondido’s Downtown to accommodate high -density residential and mixed -uses. While some properties in downtown Escondido are reserved for commercial development, residential and mixed- use development at densities of 45 to 100 du/ac are allowed throughout most of the specific planning area. Through the incentives and flexibility offered by the Downtown Specific Plan, the City has experienced a steady pace of redevelopment activities in the area being recycled into higher intensity developments.

Overall, vacant and underutilized properties in the Downtown Area can accommodate 3,939 new units.

This estimate is based on the highly conservative yield adjustments (e.g., 50% to 75% of the maximum).

As identified in the 2021 -2029 Housing Element (Program 1.1: Sites Inventory and No Net Loss Monitoring), the City of Escondido has been allocated a Regional Housing Needs Assessment (“RHNA”) of 9,607 units (1,864 very low income; 1,249 low-income; 1,527 moderate-income, and 4,967 above - moderate income units). The proposed Project would not result in the loss of any existing residential units and would result in four new market rate apartment units. The Project site is not identified in the City’s General Plan Housing Element Suitable Sites Inventory for the 6th RHNA Planning Cycle. Because the provision of “no net loss” applies to housing located on any site listed in the City’s Housing Element, the City does not need to determine if this Project or a decision related to this Project would be subject to No Net Loss Law and its remedies.

2. Climate Action Plan Consistency:

The Project is screened out of additional Greenhouse Gas Analysis based on the project type and also due to the Project qualifying for a CEQA Categorical Exemption. Projects screened out by the CAP Checklist are assumed to have a less than significant impact on GHG emissions. The screening threshold for multi-family uses is 55 units, and for mixed-use projects, is less than 36 single-family equivalent units (SFE). The Project proposes the conversion of 4,000 square feet of commercial space to four multi-family units (2.8 SFE) with an existing 4,000 square feet of commercial space (7.2 SFE) for a total SFE of 10. As such, the Project has been determined to be consistent with the Climate Action Plan.

3. Site Design:

a) Project Access, Circulation and Parking:

The Project site fronts onto W. Grand Avenue on the north and a 20-foot-wide public alley on the south, which provides access to an existing on-site, fenced parking and utility area. The Project design includes reconfiguration of the existing parking and utility area located towards the rear of the building to include six covered parking spaces, a new trash enclosure and stairway to the upper floor. The Project would include dedication of the alley an additional two -feet along the Project ’s southern frontage.

Additionally, Grand Avenue is classified as a collector street and currently provides parallel and angled street parking. The Project site is also located within Vehicle Parking District No. 1, with several municipal parking lots in close proximity to the Project site. Although on-street parking spaces are Attachment "1"
37 Item6.

provided along the Project frontage, these spaces are open public spaces and are not specifically reserved for the subject building.

The Project requires a minimum of eight residential spaces for the proposed four units (seven for the individual units and one guest space). Because the site is located within Parking District No. 1, mixed- use projects are exempt from non-residential parking requirements. Therefore, parking is not required for the ground-floor commercial space. In addition to the Project site’s location within Parking District No. 1, parking may be further modified through the Planned Development process. As such, t he applicant proposes a total of six parking spaces (yielding a minimum of one covered space per unit with an overall ratio of 1.5 space per unit) and requests a parking reduction of two spaces so as to maximize the adaptive reuse potential of the upper story . Condition of Approv al No. C3 would require the applicant submit a parking management plan to the planning division detailing how the six spaces will be programmed for occupancy. For example, one parking space may be dedicated for each unit, with two additional spaces program med for either the units , or set aside as guest spaces. Ultimately, Condition No. C3 will ensure the applicant programs the use of the parking spaces to the satisfaction of the Director of Development Services. The 1.5 parking ratio would be consistent wit h other approved high density multi-family projects throughout the Downtown Area in close proximity to transit services.

There are dedicated bus stops along 2nd Avenue and Valley Parkway to serve the Downtown Area and Project. The North County Transit Di strict Station/Sprinter Line is located at the northwest corner of W. Valley Parkway and Quince Street, five blocks (approximately 2,000 feet or 0.37 miles) to the west.

b) Open Space and Landscaping:

A minimum of 300 square feet of open space is required per unit, which equates to 1,200 square feet of open space for the four-unit Project. The Project would provide 1,200 square feet of common open space areas for the residents consisting of a usable upper-story deck on top of the new covered parking structure. Small landscape opportunities within the parking area also would be pr ovided. The Downtown Specific Planning Area provides additional open space amenities in close proximity to the Project site, including Grape Day Park and the smaller park/recreation area at the corner of E. Grand Avenue and Juniper Street.
c) Architectural Design, Color/Materials and Unit Mix:

The site consists of a two-story structure that includes existing ground-floor commercial (two, separate tenant spaces ) and an upper floor proposed for conversion to accommodate four, two -bedroom residential units. Unit sizes range from 816 square feet to 934 square feet. The windows on the alley- facing/rear elevation would be replaced with energy efficient units with a dark brown finish and a similar multi-pane design. Access to the units would be from an interior hallway with a single exterior entry door from the second-story terrace/landing. The existing upper-story doors would be removed.

Attachment "1"
38 Item6.

The rear of the building facade would include a stucco veneer and th e entire building painted a light tan. The proposed covered parking structure would function as an open space roof -type deck for the residents. Metal tube- style railing would be installed along the new stairs, terrace/landing and parking/roof deck. Exterior lighting fixtures would be installed along the rear elevation with a color finish to match the window and door color. N ew code compliant windows with a frame style and multiple frames similar to the existing windows would replace the upper story windows on the Grand Avenue facade. These new windows will also function as emergency “rescue windows” to comply with Fire Department requirements. Project plans are included with this staff report as Exhibit “B” to draft Planning Commission Resolution No. 2023-24.

d) Historic Preservation Commission Recommendation:

The Downtown Specific Plan requires design review and the issuance of a Certificate of Appropriateness to be considered by the Historic Preservation Commission because the property is listed on the Local Register. The Historic Preservation Commission acts in an advisory role to the Director of Development Services on this matter. On November 11, 2023, the Historic Preservation Commission considered the Project and voted 5- 0 to recommend approval of the Project design, exterior improvements and issuance of a Certificate of Appropriateness. The Commissioners did not express any concerns with the Project design and proposed building modifications.

FISCAL ANALYSIS
The proposed Project is a private development project that will require the payment of fees in effect at the time permits are requested. As part of the overall decision- making process to move forward with a proposed development project, it is important to evaluate the contributions and demands that development will place upon a public agency’s general fund and the city’s ability to provide ongoing public services. To avoid the need for a city to subsidize new development, a city can establish or require s pecial funding mechanisms to ensure that new development pays for itself.

The Escondido City Council adopted Resolution No. 2020 declaring the City’s intent to form a Community Facilities District (collectively referred to herein as the “CFD”) to offset the cost of governmental services associated with new development. CFD No. 2020 -1, Citywide Services, was formed and the special tax that will be assessed on properties as a result of the development of new residential units is based upon the Fiscal Impact Analysis (FIA) that was prepared to support the creation of CFD No. 2020 -01. Developers to whom these residential project entitlements are assigned are responsible to establish a funding mechanism to provide a source of funds for the on- going municipal services required for the Project and the Project has been conditioned accordingly. The benefit of entering CFD No. 2020 -01 is that the annexation process is significantly streamlined, which saves staff time and costs to developers.

In accordance with the adopted Resolution, the subject property falls under the Category III (18-30 du/ac) rate of $778.01 per unit per year through June 30, 2024. Based on a four-unit development, the current estimated annual amount for ongoing services is $3,112.04 subject to annual adjustments. The special tax for CFD 2020-1 will escalate at the maximum rate of inflation as determined by the Consumer Price Index (“CPI”) and at a minimum rate of 2% per year.

Attachment "1"
39 Item6.

ENVIRONMENTIAL ANALYSIS
The Project qualifies for an exemption under the California Environmental Quality Act (“CEQA”) Guidelines sections 15301 (Existing Facilities), and 15303 (New Construction or Conversion of Small Structure). A Notice of Exemption has been included with the staff report as Attachment 3.

PUBLIC INPUT
Staff has not received any comments from the public regarding the Project.

CONCLUSION AND RECOMMENDATION

1. The proposed Project is consistent with the General Plan and the Downtown Specific Plan that encourages redevelopment of underutilized commercial properties and urban residential growth within the Downtown Area. The Project would further the Land Use and Community Form goals in Chapter II of the Escondido General Plan, including those related to community character and smart growth, as well as the Housing goals in Chapter IV of the General Plan, which include planning for sustainable growth and providing housing opportunities for all income groups and household types.

2. All land use development applications that consist of a Master and Precise Development Plan are subject to design review and the final decision- maker is the City Council. The proposed Project is consistent with the guiding principles for the Downtown Specific Plan (as modified by Planned Development) identified in the Land Use and Community Form Element of the Escondido General Plan because such principles accommodate the type of high-density urban development envisioned for the area. The proposed Project also provides for a well- designed, residential development that will be beneficial to its future residents and provide visual appeal in an area that is currently undergoing significant revitalization.

3. Staff recommends that the Planning Commission adopt Resolution 202 3-24, recommending that the City Council approve the proposed Master and Precise Development Plan, as described in this staff report and as detailed in Exhibits “A” through “D” to Draft Planning Commission Resolution No. 2023-24.

ATTACHMENTS

1. Location Map/Aerial

2. Historic Survey Information

3. Categorical Exemption

4. Draft Planning Commission Resolution No. 2023- 24 including Exhibits A, B, C and D Attachment "1"
40 Item6.

ATTACHMENT 1
Project Location

143-145 W. Grand Avenue
APN 233-062-02-00
Attachment "1"
41 Item6.

ATTACHMENT 2
Attachment "1"
42 Item6.

Attachment "1"
43 Item6.

Attachment "1"
44 Item6.

Attachment "1"
45 Item6.

Attachment "1"
46 Item6.

Attachment "1"
47 Item6.

CITY OF ESCONDIDO

PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
(760) 839-4671
Notice of Exemption
To: San Diego Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Highway, Room 260
San Diego, CA 92101
MS A-33
From: City of Escondido
201 North Broadway
Escondido, CA 92025
Project Title/Case No.: Master and Precise Development Plan/PL23-0075 Project Location - Specific: The 0.16-acre project site is located on the south side of West Grand Avenue, between S. Maple Street and S. Broadway addressed at 143- 145 W. Grand Avenue (Assessor’s Parcel No. 233- 062-02-00).

Project Location - City: Escondido Project Location - County: San Diego Description of Project : Master and Precise Development Plan for the conversion and remodel of a two-story , 8,000 square-foot commercial structure to accommodate four, two-bedroom apartment units on the second floor.

The Project also includes redesign of the existing parking located along the alley to include six covered parking spaces, new trash enclosure, exterior stairway and second-story landing/terrace to provide access to the units.

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

Name: Curtis Lively, (Grand West Associates), Zadar LLC, Owner Telephone: (760) 594-1255 Address: 31 W. Grand Avenue, Suite 103, Escondido, CA 92025 Private entity School district Local public agency State agency Other special district Exempt Status : The projec t is categorically exemp t from furth er CEQA revie w pursuant t o CEQA Guidelines sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures).

Reasons why project is exempt:

The 0.16-acre project site is within a developed downtown retail core area and surrounded by urban uses. The site is developed with an existing building and development is limited to the conversion of the upper story to four residential units. In addition to the interior building work, site improvements are considered minor to include a covered parking carport type structure , new exterior stairway and landing, and minor exterior facade modifications (e.g., doors and windows). It has been determined the project would not result in any significant impacts to traffic, noise, air quality, or water quality, or historic structures due to the limited scope of work . The project site does not contain any sensitive habitat and all required utilities an d public services can be provided to the site with existing facilities located within adjacent streets or easements. The Project also does not trigger any exceptions to the categorical exemption as listed in CEQA Guidelines section 15300.2.

Lead Agency Contact Person: Jay Paul, Planning Division Area Code/Telephone/Extension (760) 839-4537 Signature JPaul 12-1-2023
Jay Paul, Senior Planner Date
Signed by Lead Agency Date received for filing at OPR: N/A Attachment 3
Attachment "1"
48 Item6.

Planning Commission
Hearing Date: December 12, 2023
Effective Date: December 22, 2023

PLANNING COMMISSION RESOLUTION NO. 2023-24

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF ESCONDIDO, CALIFORNIA ,

RECOMMENDING CITY COUNCIL APPROVAL OF A

MASTER AND PRECISE DEVELOPMENT PLAN FOR

A FOUR-UNIT RESIDENTIAL PROJECT WITHIN THE

DOWNTOWN SPECIFIC PLANNING AREA

APPLICANT: Zadar, LLC

CASE NOs: P L23-0075

WHEREAS, Zadar, LLC., (“Applicant”), filed a land use development application, Planning Case No. P L23-0075 (“Application”), constituting a request for a Master and Precise Development Plan to convert the second floor of a two-story commercial building into four multi-family residential units (“ Project”), on approximately 0.16 acres generally located on the south side of W. Grand Avenue, between S. Maple Street and S.

Broadway, addressed at 143-145 W. Grand Avenue (Assessor’s Parcel Number 233-062- 02-00); and
WHEREAS, the subject property is lo cated within the Downtown Specific Plan (SPA 9) and is all that real property described in Exhibit "A," which is attached hereto and made a part hereof by this reference as though fully set forth herein (“Property”); and WHEREAS, the A pplication was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits Attachment 4
Attachment "1"
49 Item6.
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, second floor multi -family residential units are permitted uses within the Historic Downtown District (“HD”) with ground-floor commercial, in accordance with the Downtown Specific Plan; and
WHEREAS, on November 11, 2023, the Historic Preservation Commission reviewed and considered the Project for design review and issuance of a Certificate of Appropriateness, and did recommend approval of the Project design in a vote 5-0; and WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of Californ ia Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project ; and
WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and hereby recommends approval of the Project as depicted on the plan set shown in Exhibit " B," which is attached hereto and made a part hereof by this reference as though fully set forth herein; and WHEREAS, City staff provided public notice of the application in accordance with City and State public noticing requirements; and
WHEREAS, on December 12, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the Planning Commission received and considered the reports and recommendation of the Planning Division and gave all persons full opportunity to be heard and to present evidence and testimony regarding the Attachment "1"
50 Item6.

Project. Evidence was submitted to and considere d by the Planning Commission, 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 staff report, dated December 12, 2023 , with its attachments as well as City staff’s recommendation on the Project, which is incorporated herein as though fully set forth herein; and
d. Additional information submitted during the public hearing; and WHEREAS, the public hearing before the Planning Commission was conducted in all respects as required by the Escondido Municipal Code and the rules of this Planning Commission.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Escondido that:

1. The above recitations are true and correct.

2. The Planning Commission, in its independent judgment, has determined the Project to be exempt from environmental review pursuant to CEQA Guidelines sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structure).

3. After consideration of all evidence presented, and studies and investigations made by the Planning Commission and on its behalf, the Planning Commission makes the substantive findings and determinations detailed in Exhibit “C,” which is attached hereto and made a part hereof by this reference as though fully set forth Attachment "1"
51 Item6.
herein, relating to the information that has been considered. In accordance with the Findings of Fact and the foregoing, the Planning Commission reached a recommendation on the matter as hereinafter set forth.

4. The Application to use the Property for the Project, subject to each and all of the conditions hereinafter set forth in Exhibit “D,” is hereby recommended for approval by the City Council. The Planning Commission expressly declares that it would not have approved/recommended approval of this Application except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the use permitted hereby.
5 . The development plans for the Project are on file in the Planning Division of the Development Services Department and are available for inspection by anyone interested herein, and the development plans are incorporated herein by this reference as if they were fully set forth herein. The Project is recommended for conditional approval as set forth on the Application and Project drawings, all designated as recommended for approval by the City Council, and which shall not be altered without the express authorization by the Planning Division. Any deviations from the approved development plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.

PASSED, ADOPTED, AND APPROVED by a majority vote of the Planning Commission of the City of Escondido, California, at a regular meeting held on the 12th day of December, 2023, by the following vote, to wit:

Attachment "1"
52 Item6.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ABSENT: COMMISSIONERS:

______________________________
Rick Paul, Chair
Escondido Planning Commission
ATTEST:

______________________________
Veronica Morones, Secretary of the
Escondido Planning Commission

I hereby certify that the foregoing Resolution was passed at the time and by the vote above stated.

_____________________________
Alexander Rangel, Minutes Clerk
Escondido Planning Commission

Attachment "1"
53 Item6.

Page 1 of 1 ends

EXHIBIT “A”

LEGAL DESCRIPTION
Planning Case No. PL23-0075

Real Property in the City of Escondido, Cou nty of San Diego, S tate of California as follows:

Lots 19 and 20 in Block 79 of Escondido, County of San Diego, according to Map thereof No. 336, filed in the office of the County Recorder of San Diego County, July 10, 1886. follows:

APN 233-062-02-00
Attachment "1"
54 Item6.
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64 Item6.

Page 1 of 3 ends

EXHIBIT “C”
Findings of Fact
PL23-0075

Environmental Determination(s)

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

2. The Project qualifies for an exemption from further environmental review pursuant to CEQA Guidelines section 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structure) because such categorical exemption applies to proposed developments that consist of minor alterations to private structures involving negligible or no expansion beyond the existing or former use. This applies to development such as interior or exterior alterations, and additions to existing structures of not more than 10,000 square feet. The project also qualifies because it involves the conversion of existing unused space to multi -family residential totaling no more than six dwelling units in urbanized areas. The project site is substantially surrounded by urban uses, where the site has no habitat value for special status species, can be adequately served by all required utilities and public services, and the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

The Project also does not trigger any exceptions to the categorical exemption as listed in CEQA Guidelines section 15300.2.

3. The Planning Commission has independently considered the full administrative record before it, which include s but is not limited to the December 12, 2023, Planning Commission Staff Report; testimony by staff and the public ; and other materials and evidence submitted or provided to it. The administrative record demonstrates that each of the above requirements have been satisfied. No substantial evidence has been submitted that would support a finding that any of the above-described exemption requirements has not been satisfied. The Project will not have a significant effect on the environment, and all of the requirements of CEQA have been met.

Master and Precise Development Plan

1. The location, design, and residential density of the proposed Project is consistent with the goals and policies of the Escondido General Plan because mixed-use residential development is permitted and encouraged in the Downtown Specific Plan Area (SPA 9) and the Historic District (HD). The proposed infill residential project would be in conformance with General Plan Housing Element’s Goals and Policies to plan for quality managed and sustainable growth; provide a range of housing opportunities for all income groups and populations with special needs, and; encourage a compact, efficient urban form the promotes transit, supports nearby commercial establishments and takes advantage of infrastructure improvements installed to accommodate their intended intensities. The site is physically suitable for the proposed density of development because the property is within a downtown urban core area and the project will as sist in the ongoing revitalization of the Downtown Area and retail core by establishing a permanent residential base in the downtown area. The subject site is located within the Historic District of the Downtown Specific Plan, which allows multi-family mixed-use Attachment "1"
65 Item6.

Page 2 of 3 ends

development up to 75 du/ac. Based on the property size of 0.16 acres, the Historic Downtown District would allow up to 12 units and a three-story structure up to 45 feet in height. The request to remodel the second story of the existing two- story, 27-foot-high building is consistent with the land use density and development requirements envisioned for this area.

The project density of 25 du/ac is consistent with the allowable density for the project site.

The proposed Planned Development, consisting of a Master and Precise Development Plan, includes a request for a parking reduction from eight spaces to six spaces, along with reduction in setbacks for the six parking spaces. The Downtown Specific Plan allows for modifications to development standards through the Planned Development process. The proposed modifications to the development standards would be appropriate for this project, as discussed in the Planning Commission staff report dated December 12, 2023.

2. The proposed location of the development allows the planned development to be well integrated with its surroundings by providing a mixed-use residential housing project in close proximity to transit, and near retail and other commercially developed properties. Adequate parking, circulation, utilities and access would be provided for the development (as detailed in the staff report). The project would not be out of character for the area because the Historic Downtown District of the Downtown Specific Plan envisions an upscale urban area with a mix of high -density residential and commercial development. Further , the proximity to the Escondido Transit Center makes the density appropriate. The proposed exterior improvements to the buildings are appropriate for the proposed location due to the street - oriented appeal and urban design characteristics, along with the quality of the architectural design and use of a variety of building materials and colors. The proposed exterior improvements also would be consistent and appropriate for the historic design of the structure.

3. All vehicular traffic generated by the proposed development would be accommodated safely and without causing undue congestion upon adjoining streets, as determined by the Engineering Division.

4. The overall design of the proposed residential mixed- use development would produce an attractive, efficient and stable environment for living because adequate residential amenities, parking, and landscaping would be provided. Further , the design of the development is consistent with a high quality, urban infill project that will provide housing opportunities within walking distance of downtown commercial and retail services consistent with the City’s vision for the downtown area. The project includes sufficient on -site open space amenities appropriate for this mixed -use urban development, including a parking roof -deck common open area with outdoor seating areas.

5. The proposed development would be well integrated into its surroundings, because the new structures would incorporate compatible and integrated architecture, materials and colors, and the project would not be visually obstructive or disharmonious with surrounding areas, or harm major views from adjacent properties. No grading is proposed for the project other than minimal ground preparation for the modified parking area.

6. The uses proposed have a beneficial effect not obtainable under existing zoning regulations.

Utilizing the Planned Development process allows flexibility from the Downtown Specific Plan requirements in order to achieve a higher -density residential project in the urban core and adaptive reuse of the existing underutilized building. The project would provide residential opportunities integrated into a comprehensive and self-contained development, which creates an environment of sustained desirability and stability through the controls offered and regulated through the Planned Development process.

Attachment "1"
66 Item6.

Page 3 of 3 ends

7. The project would provide an environment of sustained desirability and stability because City services and adequate access would be provided; adequate parking would be provided; the proposed architecture would be integrated into its surroundings; and the project could serve as a catalyst for further revitalization efforts in the area.

8. The improvements are not likely to cause substantial environmental concerns because the property was previously developed with commercial uses. The site does not contain any sensitive or protected habitat or other environmental concerns as determined during the environmental review. The design of the project and the type of improvements are not likely to cause serious public health problems because the project will not degrade the levels of service on the adjoining streets or drainage system as the project incorporates appropriate infrastructure improvements. Adequate city sewer and water is available to the site.

9. The general provisions, conditions, and exceptions applicable to the underlying Downtown Specific Plan shall be applied to the planned development, unless a different regulation or standard is prescribed by an adopted planned development. Development standards related to parking, setbacks, building height and open space as described in the December 12, 2023 staff report shall be governed by the site-specific Master Development Plan standards, which shall be adopted as part of the Project . All other provisions of the Escondido Zoning Code and Downtown Specific Plan shall prevail during the implementation and operation of the Project.

No Net Loss

1. No Net Loss Law (Government Code section 65863) applies when a site is included in the jurisdiction’s Housing Element’s inventory of sites and is either rezoned to a lower residential density or is approved at a lower residential density or affordability level than shown in the Housing Element. The City does not need to determine if this Project or a decision related to this Project would be subject to No Net Loss Law and its remedies. The Project site is not identified in the vacant/underutilized sites land inventory of the City’s Sixth Cycle (current) Housing Element (i.e., Appendix B of Chapter IV of the General Plan).

Attachment "1"
67 Item6.

EXHIBIT “D”

CONDITIONS OF APPROVAL
Planning Case Number: PL23-0075

This Project is conditionally approved as set forth on the application received by the City of Escondido on February 14, 2023, and the Project drawings consisting of Civil Plans/Grading, Sections, Site Plans, Floor Plans, Architectural Elevations, Landscape Plans and Colored Elevations; all designated as recommended for approval on December 12 , 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:

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 36 months from the effective date of City Council approval of the Master and Precise Plan unless additional time is granted pursuant to Zoning Code Article 19.

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.

Attachment "1"
68 Item6.
b. Nothing in this Permit shall authorize the Applicant to intensify the authorized activity beyond that which is specifically described in this Permit.

c. Once a permit has been issued, the Applicant may request Permit modifications. “Minor" modifications may be granted if found by the Director of Development Services to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. This includes modifications to any Grading Exemptions for the slopes up to an additional one foot in height, and modifications to retaining wall heights.

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

5. Limitations on Use. Prior to any use of the Project site pursuant to this Permit, all Conditions of Approval contained herein shall be completed or secured to the satisfaction of the Development Services Department.

6. Certificate of Occupancy.

a. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required, and any such change in occupancy must comply with all other applicable local and state laws.

b. Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Development Services.

7. Availability of Permit Conditions.

a. Prior to 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.

9. Compliance with Federal, State, and Local Laws. Nothing in this Permit shall relieve the Applicant from complying with conditions, performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. (Permits from Attachment "1"
69 Item6.
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 2020 -10, unless another amount is approved by the City Council at the time of Project approval. Such funding shall occur through either an agreement to form or annex into Services CFD 2020- 1 or the establishment of another lawful funding mechanism reasonably acceptable to the City (“Public Services Funding Agreement”). Projects that elect to annex into the Services CFD shall submit consent forms prior to the first permit issuance if they have not done so already. The provisions of the Public Services Funding Agreement shall specify any terms and limitations necessary to implement the CFD or other funding mechanism to offset the impacts to public services associated with the project. The City Manager, or City Manager’s designee, shall be authorized to approve and execute the Public Services Funding Agreement, and the Public Services Funding Agreement shall be finalized prior to the City’s issuance of any permit for the Project.

12. Public Art Partnership 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.

Office. Failure to remit the required fees in full within the specified time noted above will result in County notification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid. The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee 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 cor rect. 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 application entitlements herein granted; issue stop work orders; pursue abatement orders, penalties, or other administrative remedies as set forth in state and local laws; or institute and prosecute litigation to compel compliance with said conditions or seek damages for their violation. The applicant/developer shall be notified in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.

17. Indemnification, Hold Harmless, Duty to Defend.

a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunteers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sublessees, invitees, agents, consultants, employees, or volunteers), or such Attachment "1"
71 Item6.
activity of any other person that is permitted by the Applicant or owner of the Property, occurring in, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon.

Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).

b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).

c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations.

Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

B. Construction, Maintenance, and Operation Obligations:

Attachment "1"
72 Item6.

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 approved. The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.

2. Agency License and Permitting. In order to make certain on- or off -site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies. Nothing in these Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on- or off -site improvements prior to Final Map recordation, grading permit issuance, building permit issuance, or certificate of occupancy as required. This review may result in conditions determined by the reviewing agency.

At all times during the effective period of this Permit, the Applicant and any affiliated responsible party shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the construction, maintenance, and operation of the authorized activity.

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

4. Signage. All proposed signage associated with the 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 P roject signage. All non- conforming signs shall be removed. The Applicant shall submit with any sign permit graphic/list of all signs to be removed and retained, along with any new signage proposed.

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

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

7. General Property Maintenance. The property owner or management company shall maintain the property in good visual and functional condition. This shall include, but not be limited to, all Attachment "1"
73 Item6.
exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. The Applicant shall paint and re- paint all building exteriors, accessory equipment, and utility boxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.

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

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

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

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

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

12. Staging Construction Areas. All staging areas shall be conducted on the subject property, subject to approval of the Engineering Department. Off -site staging areas, if 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.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50 -horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB -verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) Attachment "1"
74 Item6.
functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Director of 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 construction schedule, and (ii) the proposed replacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method, and documentation provided to the Planning Division confirms that necessary P roject-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 6 on-site covered parking spaces shall be provided at all times. Parking shall be subject to the on-site parking requirements of Article 39 and this Planned Development, as identified in the Project details of request. Any garages or carports shall be maintained to provide parking for vehicles and storage (as may be designed) and other use of the garage or carport space shall not impede the use of the parking of vehicles.

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

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), additional 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 , to the satisfaction of the Director of Development Services.

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.

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

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

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

Attachment "1"
75 Item6.

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 (as determined by the Director of Development Services), 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 requi red.) The landscape and irrigation plans shall be reviewed and approved by the Planning Division and Engineering Services Division prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the satisfaction of the Planning Division. The required landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

b. Screening walls, retaining walls, storm improvements, and landscaping ( i.e., planting and irrigation) is to be provided prior to final occupancy, 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 compliance with the approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection.

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

E. Specific Planning Division Conditions:

1. 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.

2. 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.

Attachment "1"
76 Item6.

3. The plans submitted for building permit shall include notes or details containing the necessary work involved in complying with these Project conditions.

4. The screening of roof -mounted, ground-mounted, or wall -mounted mechanical equipment and devices is required in accordance with Section 33-1085 of the Escondido Zoning Code.

5. The building, architecture, colors and materials, and conceptual landscaping shall be in substantial conformance with the Planned Development exhibits attached as Exhibit “B” 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 Planned Development in accordance with Article 19 and the Downtown Specific Plan. The final design and materials for the exterior windows and doors shall be approved by the Planning Division prior to the submittal of building plans for the Project.

6. 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.

7. Balconies and patios shall be kept in a neat and orderly manner. Items stored on balconies/patios 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.).

8. 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.

9. The upper floor windows facing Grand Avenue shall be designed 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 (if necessary) . Conformance with the requirement shall be included on the building plans.

10. The parking structure roof -top open space area shall incorporate seating and shade- type amenities for the residents. These facilities shall be of a heavy-duty all-weather type design and maintained in good condition throughout the life of the project. Compliance with this requirement shall be demonstrated on the final building plans.

11. The Project shall participate in the Density Transfer Program as a “sending area” as described in the staff report(s). A deed restriction shall be recorded prior to building permit issuance, transferring eight units into the Transfer Density Credit Pool.

F. 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 Attachment "1"
77 Item6.
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 any necessary 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 (as may be required based on the scope of work to be done). 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.

G. General Fire Division Conditions:

1. Fire underground line, fire sprinkler, and fire alarm plans shall be a deferred submittal to the Escondido Fire Department. FDC and hydrant placement shall be coordinated and approved by the Escondido Fire Department.

ENGINEERING CONDITIONS OF APPROVAL

GENERAL

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

2. Improvement plans prepared by a Civil Engineer are required for all public street, utility, and storm drain improvements. These plans shall be submitted for review through the City’s virtual plan review portal as a single package containing all items on the Engineering Initial Submittal Checklists.

3. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Improvements Cost prepared by the project engineer.

The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10% of total public improvement cost estimate) bonds for all public improvements prior to approval of the Improvement Plans and issuance of Building Permits. All improvements shall be completed prior to issuance of a Certificate of Occupancy.

4. As surety for the construction of required off-site improvements, bonds and agreements in a form acceptable to the City Attorney shall be posted by the Developer with the City of Escondido prior to the approval of any Improvement Plan, or Building Permit.

5. 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 Attachment "1"
78 Item6.
changes. The determination and extent of the modification shall be to the satisfaction of the City Engineer.

IMPROVEMENTS

1. The address of each lot/dwelling unit shall either be painted on the curb or, where curbs are not available, posted in such a manner that the address is visible from the street. In both cases, the address shall be placed in a manner and location approved by the City Engineer.

2. All gated entrances shall be designed and improved to the satisfaction of the City Engineer. No gates or structures shall be constructed with the alley ROW including the 2-foot-wide area to be dedicated as ROW.

3. The developer shall dedicate to the City of Escondido a 2- foot-wide strip across the project on the alleyway side as ROW. A dedication document shall be prepared by a land surveyor and recorded prior to issuance of any building permit.

4. Trash enclosures shall be constructed to comply with storm water quality m anagement requirements to the satisfaction of the City Engineer.

5. The public alleys and streets shall be adequately illuminated from the project b uilding structure to the satisfaction of the City Engineer and Building Official. This lighting shall be maintained by the property owner.

6. The Developer may be responsible for an overlay of the adjacent alleyway street due to the many utility trenches necessary to serve this project. The determination of the extent of the overlay shall be to the satisfaction of the City Engineer.

7. The Developer will be required to provide a detailed detour and traffic control plan, for all construction and staging activities, and any requested materials placement within existing 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.

8. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The Developer shall be responsible for maintaining all erosion control facilities throughout the project.

WATER SUPPLY

1. The Developer is required at their sole expense to design and construct an 8- inch PVC water main in Maple Street. This water main shall connect to the existing 8-inch water main located at the intersection of Maple Street and the alley, and extend north on Maple Street. A fire hydrant, RPDA, and FDC together with an adequate water supply shall be installed on the required water main at a location approved by the Fire Marshall. Fire hydrants shall co nnect 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. A reduced pressure detector check assembly is required for the project and shall be located just inside the property line. Fire suppression and spri nkler 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 Attachment "1"
79 Item6.
and shall be approved by a separate submittal to the Building Department. Although private and approved by separate plans and permit, all fire suppression lines shall be shown for reference and review on the various final engineering plan sets.

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. Backflow prevention assemblies are private and should be located on private property. Backflows shall be located directly behind the public meter.

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. 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.

11. 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.

12. 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. 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.

2. All sewer laterals shall be considered a private sewer system. The property owner shall be responsible for all maintenance of sewer laterals to the public sewer main.

3. Any sewer mains, laterals, and appurtenances shall be designed and constructed per current City of Escondido Design Standards and Standard Drawings, and to the satisfaction of the Utilities Engineer.

4. The project design shall be such that all existing or new sewer manholes are accessible at all times by City Vactor trucks for maintenance.

5. The Developer shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.

6. The location of all sewer laterals shall be shown on the grading and improvement plans.

CITYWIDE COMMUNITY FACILITIES DISTRICT (CFD)
Attachment "1"
80 Item6.

1. In accordance with the General Plan, the applicant shall offset the cost of public services through an approved funding mechanism. The applicant has indicated their intent to meet this requirement through annexation to the Citywide Community Facilities District (CFD). The applicant shall submit a complete Annexation Application, Unanimous Approval signed by the property owner, a title report issued within the last 30-days, and processing fees to the Engineering Department prior to the first submittal of the Building Permit. The Annexation Application and the Unanimous Approval forms are available on the following webpage:
https://www.escondido.org/community-facilities-
districts

Attachment "1"
81 Item6.

Page 1 of 1 ends

Attachment "2"
Written Correspondence
Planning Case No. PL23-0075
82 Item6.

ORDINANCE NO. 2024-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A MASTER AND

PRECISE DEVELOPMENT PLAN FOR A FOUR UNIT

MULTIFAMILY RESIDENTIAL DEVELOPMENT WITHIN THE

HISTORIC DOWNTOWN DISTRICT OF THE DOWNTOWN

SPECIFIC PLAN

The City Council of the City of Escondido (“City”), California, DOES HEREBY ORDAIN as follows:

SECTION 1. The City Council makes the following findings:
a) Zadar LLC ("Applicant") filed a land use development application, Planning Case No. PL23- 0075 (“Application”) constituting a request for a Master and Precise Development Plan for the conversion and remodel of a two -story commercial structure to accommodate four apartment units on the second floor, and ancillary site improvements (“Project”), on an approximately 0.16-acre parcel located on the south side of W. Grand Avenue, between S. Maple Street and S. Broadway , addressed at 143-145 W.

Grand Avenue (Assessor’s Parcel Number 233-062-02-00), and more particularly described in Exhibit “A” attached to this Ordinance and incorporated by this reference as though fully set forth herein (“Property”); and
b) The Application was submitted to, and processed by, the Planning Division of the Development Services Department as Planning Case No. PL23-0075. The Applicant seeks approval of a Master and Precise Development Plan for proposed improvements to the subject site and building, as shown on Exhibit “B” (“Master and Precise Development Plan"), and on file in the Planning Division, and incorporated herein by this reference as though fully set forth. c) The Planning Division of the Development Services Department completed its review and scheduled a public meeting regarding the application before the Historic Preservation Commission on November 11, 2023. The Historic Preservation Commission voted to recommend approval of the project as designed. Subsequently, the Planning Division scheduled a public hearing regarding the application before the Planning Commission on December 12, 2023. Following the public hearing on December 12, 83 Item6.

2023 the Planning Commission adopted Resolution No. 2023-24, which recommended that the City Council, approve the Project.

SECTION 2. An original copy of the proposed Master and Precise Development Plan and all other related Project materials are on file in the Office of the City Clerk, with a copy of each document submitted to the City Council for its consideration. The Cit y Clerk, whose office is located at 201 North Broadway, Escondido, California 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.

SECTION 3. The City Council did on January 24, 2024 hold a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the City Council, including, without limitation:
a) Written information including all application materials and other written and graphical information posted on the project website;
b) Oral testimony from City staff, interested parties, and the public; c) The City Council staff report, dated January 24, 2024 which along with its attachments, is incorporated herein by this reference as though fully set forth herein, including the Planning Commission's and Historic Preservation Commission’s recommendation on the request; and d) Additional information submitted during the public hearing.

SECTION 4. Pursuant to the California Environmental Quality Act, Public Resource Code section 21000 et seq. (“CEQA”) the Project is categorically exempt from environmental review in conformance with CEQA Guidelines section 15301 (Existing Facilities), and section 15303 (New Construction of Small Structures). The City Council adopts such categorical exemption, which is provided as Attachment 3 to the December 12, 2023 Planning Commission staff report and incorporated herein by 84 Item6.

this reference as though fully set forth herein, and a Notice of Exemption will be filed with the County Clerk.

SECTION 5. That, upon consideration of the Findings of Fact /Factors to be Considered , attached as Exhibit “ C” and incorporated herein by reference as though fully set forth herein , the City Council approve s the Master and Precise Development Plan , subject to the Conditions of Approval attached as Exhibits “D”, and incorporated herein by this reference as though f ully set forth herein. The City Council expressly declares that it would not have made this decision except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the use(s) permitted hereby.

SECTION 6. All references within this Ordinance to "Applicant" or "Developer," shall be equally applicable to the current property owner and to any successors-in-interest or assigns, whether such successors of assigns own, control, or otherwise have development authority for all, a portion, or portions of that property included within the Project site.

SECTION 7. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 8. That as of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 9. The City Council authorizes all subsequent action to be taken by City Officials consistent with this Ordinance.

SECTION 10. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, 85 Item6.

to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido.

SECTION 11. The Ordinance shall become effective 30 days from the date of the passage. 86 Item6.

Page 1 of 1 ends

LEGAL DESCRIPTION
Planning Case No. PL23-0075
Real Property in the Ci ty o f Escondido , Coun ty of San Diego, State of California as follows:

Lots 19 and 20 in Block 79 of Escondido, County of San Diego, according to Map thereof No. 336, filed in the office of the County Recorder of San Diego County, July 10, 1886. follows:

APN 233-062-02-00
Ordinance No. 2024-01
Exhibit "A"

Page 1 of 1 ends

87 Item6.

ABBREVIATIONS
P
A.B.

A.C.

A/C
AC. TILE
A.D.

ADJ.

ADDL.

A.F.F.

A.F.S.

AGGR.

ALUM.

ANOD.

ASPH.

A.T.

B/
BD/
BITUM.

BLDG.

BLKG.

BM.

B.O.J.

BOTT.

B.U.R.

CABT.

C.B.

CAD. PL.

C.D.

CEM.

CER.

C.I.

C.J.

C.L.

CLR.

CLG.

C.M.U.

C.O.

COL.

COMP.

CONC.

CONN.

CONT.

CONTR.

C.O.T.G.

CSK.

C.W.

DET.

D.F.

DIA.

DIM.

DN.

DO.

D.S.

DWG.

D.S.P.

EA.

EIFS.

E.J.

ELEC.

ELEV.

ENCL.

E.P.B.

EQ.

E.S.

E.W.C.

E.W.H.

EXH.

EXIST., (E)
EXT.

EXPO.

EXP.

F.A.

F.B.

FBRGL.

F.D.

FDN.

F.E.

F.E.C.

F.H.

F.H.C.

F.F.

F.O.

F.O.C.

F.O.EIFS.

F.O.F.

F.O.M.

F.O.S.

F.S.

FTG.

FRP.

FPRF.

GA.

GALV.

G.I.

G.F.R.C.

GRD.

G.S.F.

G.V.

G.V.C.B.

GYP.

HDR.

HDWD.

HDWR.

H.M.

HORIZ.

H.P.

HR.

H.R.C.

H.S.B.

HT.

H.T.D.

HTG.

H.W.

H.W.D.

I.D.

INSUL
INV.

INT.

PROPERTY LINE

ANCHOR BOLT

ASPHALTIC CONCRETE

AIR CONDITIONING

ACOUSTICAL TILE

AREA DRAIN

ADJUSTABLE

ADDITIONAL

ABOVE FINISH FLOOR

AUTOMATIC FIRE SPRINKLER

AGGREGATE

ALUMINUM

ANODIZED

ASPHALT

ASH TRAY

BACK OF OR BOTTOM OF
BOARD

BITUMINOUS

BUILDING

BLOCKING
BEAM

BOTTOM OF JOISTS
BOTTOM

BUILT-UP ROOF

CABINET

CATCH BASKET OR CHALKBOARD

CADMIUM PLATED

CUP DISPENSER
CEMENT

CERAMIC

CAST IRON

CONSTRUCTION JOINT

CHAIN LINK
CLEAR

CEILING

CONCRETE MASONRY UNIT

CLEANOUT
COLUMN

COMPOSITION

CONCRETE

CONNECTION

CONTINUOUS

CONTRACTOR

CLEAN OUT TO GRADE

COUNTERSUNK

COLD WATER
DETAIL

DOUGLAS FIR

DRINKING FOUNTAIN

DIAMETER

DIMENSION
DOWN
DITTO

DOWNSPOUT

DRAWING

DRY STANDPIPE
EACH
EXTERIOR INSULATING FINISH SYS.

EXPANSION JOINT

ELECTRICAL

ELEVATION, ELEVATOR

ENCLOSURE

ELECTRIC PANEL BOARD
EQUAL

EXPANSION SHIELD

ELECTRIC WATER COOLER

ELECTRIC WATER HEATER

EXHAUST

EXISTING

EXTERIOR

EXPOSED

EXPANSION

FIRE ALARM

FLAT BAR

FIBERGLASS

FLOOR DRAIN

FOUNDATION

FIRE EXTINGUISHER

FIRE EXTINGUISHER CABINET

FIRE HYDRANT OR FLAT HEAD

FIRE HOSE CABINET

FINISH FLOOR

FINISHED OPENING

FACE OF CONCRETE

FACE OF EIFS

FACE OF FINISH

FACE OF MASONRY

FACE OF STUD

FLOOR SINK

FOOTING

FIBERGLASS REINFORCED PLASTIC

FIREPROOF
GAUGE

GALVANIZE(D)

GALVANIZED IRON

GLASS FIBER REINFORCED CONCRETE

GROUND OR GRADE

GROSS SQUARE FEET

GATE VALVE

GATE VALVE IN CONCRETE BOX
GYPSUM
HEADER

HARDWOOD

HARDWARE

HOLLOW METAL

HORIZONTAL

HIGH POINT
HOUR

HOSE REEL CABINET

HIGH STRENGTH BOLT
HEIGHT

HANDICAP TOWEL DISPENSER

HEATING

HOT WATER

HOT WATER DISPENSER

INSIDE DIAMETER

INSULATION
INVERT

INTERIOR
KIT.

K.O.

K.P.

LAB.

LAM.

LAVS.

LB.

L.P.

L.S.D.

MAT.

MAX.

M.B.

M.B.R.

MECH.

MET.

MFR.

M.H.

MIN.

M.O.

M.S.

MULL.

N.I.C.

N.S.F.

N.T.S.
(N)
OBS.

O.C.

O.H.

OPNG.

OPP.

O.D.

P.A.

P.B.

P.C.C.

P.D.F.

P.H.

PL.

PLAS.

PLAS. LAM.

PLY.

PNL.

POL.

PORC.ENAM.

PRCST.

P.S.D.

PT.

P.T.D.

P.V.C.

Q.T.

R.A.

RAD.

R.C.P.

RD.

R.D.

REC.

REINF.

RES.

R.H.

RM.

RO.

R.O.

R / W
RWD.

R.W.L.

S.C.D.

S.D.

SECT.

S.F.

SHT.

SHTHG.

SHVS.

SIM.

SK.

S.M.

S.M.S.

S.N.D.

S.N.V.

S.O.V.

SPECS.

SQ.

S.S.

STD.

STL.

STOR.

STRUCT.

ST.STL.

SUSP.

T.C.

T.D.

T.D.D.

TEL.

T & G.

T.O.S.

T.P.

TR.

TYP.

T.W.

UNF.

U.O.N.

UR.

V.C.P.

VERT.

VEST.

V.G.D.F.

W
W/
WAINS.

WD.

W.P.

W.R.

W.S.

WT.

W.W.

W.W.F.

KITCHEN

KNOCKOUT

KICKPLATE

LABORATORY

LAMINATE

LAVATORIES
POUND

LOW POINT

LIQUID SOAP DISPENSER

MATERIAL

MAXIMUM

MACHINE BOLT

MODIFIED BITUMEN ROOF

MECHANICAL
METAL

MANUFACTURER

MANHOLE

MINIMUM

MASONRY OPENING

MACHINE SCREW

MULLION

NOT IN CONTRACT

NET SQUARE FEET

NOT TO SCALE
NEW

OBSCURE

ON CENTER

OVERHEAD, OPPOSITE HAND

OPENING

OPPOSITE

OVERFLOW DRAIN
or OUTSIDE DIAMETER

PUBLIC ADDRESS

PANIC BAR

PORTLAND CEMENT CONCRETE

POWDER DRIVEN FASTENER

PHILLIPS HEAD
PLATE

PLASTER

PLASTIC LAMINATE

PLYWOOD
PANEL

POLISHED

PORCELAIN ENAMEL

PRECAST

POWDER SOAP DISPENSER
POINT

PAPER TOWEL DISPENSER

POLYVINYL CHLORIDE

QUARRY TILE
RISER

RETURN AIR
RADIUS

REINFORCED CONCRETE PIPE
ROUND

ROOF DRAIN

RECESSED

REINFORCED(ING)

RESILIENT

ROUND HEAD
ROOM
ROUGH

ROUGH OPENING

RIGHT OF WAY

REDWOOD

RAIN WATER LEADER
SEWER

SEAT COVER DISPENSER

STORM DRAIN

SECTION

SQUARE FOOT / FEET
SHEET

SHEATHING

SHELVES

SIMILAR

SINK OR SKETCH

SHEET METAL

SHEET METAL SCREW

SANITARY NAPKIN DISPOSER

SANITARY NAPKIN VENDOR

SHUT OFF VALVE

SPECIFICATIONS
SQUARE

SANITARY SEWER

STANDARD
STEEL

STORAGE

STRUCTURAL

STAINLESS STEEL

SUSPENDED

TOP OF CURB

TOWEL DISPENSER

TOWEL DISPENSER & DISPOSAL

TELEPHONE

TONGUE AND GROOVE

TOP OF SLAB

TOP OF PAVEMENT
TREAD

TYPICAL

TOP OF WALL

UNFINISHED

UNLESS OTHERWISE NOTED
URINAL

VITREOUS CLAY PIPE

VERTICAL

VESTIBULE

VERTICAL GRAIN DOUGLAS FIR
WATER
WITH

WAINSCOT
WOOD
WORK POINT or WATERPROOF

WATER RESISTANT
or WASTE RECEPTACLE

WEATHER STRIPPING
or WOOD SCREW
WEIGHT

WINDOW WALL

WELDED WIRE FABRIC
JAN.

J.B.

J.T.

JANITOR

JUNCTION BOX

JOINT TRENCH

ALL DIMENSIONS CONTAINED HEREIN ARE APPROXIMATE AND SHALL BE FIELD VERIFIED BY THE CONTRACTOR. ALL IDEAS, DESIGNS, PLANS, AND SPECIFICATIONS AND OTHER

PROJECT DOCUMENTS, INCLUDING ALL DOCUMENTS ON ELECTRONIC MEDIA ARE THE

PROPERTY GRAND WESTASSOCIATES, INC AND MAY NOT BE REPRODUCED OR USED WITHOUT THEIR WRITTEN PERMISSION.

L
AUTOMATIC FIRE SPRINKLER SYSTEM SHALL BE INSTALLED PER COUNTY BUILDING CODE 92.2.R313 DWELLINGS AND GARAGE SHALL BE SEPARATED PER COUNTY BUILDING CODE 92.2.R302.6, CBC 704.9

3. 1.

2. GENERAL NOTES
PROVIDE BACK DRAFT DAMPER AT EXHAUST FAN PER CMC SECTION 504.0.

NEW VENTILATION OPENINGS IN VERTICAL WALL, OR OTHER SIMILAR VENTILATION OPENINGS, SHALL BE LOUVERED AND COVERED WITH 1/4", NON-COMBUSTABLE, CORROSION RESISTANT METAL MESH, OR OTHER APPROVED MATERIAL THAT OFFERS EQUIVALENT PROTECTION.

STATE HEALTH AND SAFETY CODE SEC. 17921.9 BANS THE USE OF CHLORINATED POLYVINYL CHLORIDE (CPVC) FOR INTERIOR WATER SUPPLY PIPING.

25. 27.

28. 29.

26. 24.

4. 5.

6. 7.

8. 9.

10. 11.

PROVIDE SHOWER HEADS WITH A MAXIMUM FLOW OF 2.5 GALLONS PER MINUTE (GPM) PROVIDE MIXING VALVE AT SHOWER HEAD PER CPC SECTION 418.0.

PROVIDE FAUCETS WITH A MAXIMUM FLOW OF 2.2 GALLONS PER MINUTE (GPM).

PROVIDE ULTRA LOW FLUSH TOILETS.

ONSITE BUILT-UP SHOWER RECEPTOR SHALL COMPLY WITH CPC 4118.

PROVIDE CARBON-MONOXIDE SENSOR(S) PER CBC SECTION 420.4.

PERMANENT VACUUM BREAKERS SHALL BE INCLUDED WITH ALL NEW HOSE BIBS.

ALL ABS AND PVC PIPING AND FITTINGS SHALL BE ENCLOSED WITHIN WALL AND FLOORS COVERED WITH "TYPE X GYPSUM BOARD" OR SIMILAR THAT PROVIDE THE SAME LEVEL OF FIRE PROTECTION. PROTECTION MEMBRANE PENETRATIONS IS NOT REQUIRED.

12. 13.

14. 15.

16. 17.

18. 19.

20. 21.

22. HABITABLE SPACE, HALLWAYS, BATHROOMS, TOILET ROOMS, LAUNDRY ROOMS AND PORTIONS OF BASEMENTS CONTAINING THESE SPACES SHALL HAVE A CEILING HEIGHT OF NOT LESS THAN 7'-0". (R305.1) ALL DIMENSIONS ARE TO FACE OF STUDS, U.N.O.

GAS VENTS & NONCOM PIPING IN WALLS, PASSING THRU THREE FLOORS OR LESS, SHALL BE EFFECTIVELY DRAFTSTOPPED @ EACH FLOOR OR CEILING.

CLEARANCE FOR CHIMNEYS, VENT FLUES, ETC. SHALL BE PER MANUFACTURERS INSTRUCTIONS OR PER UMC, WHICHEVER IS GREATER.

PROVIDE SOLID BACKING IN STUD WALLS FOR HAND RAILS, TOILET ACCESSORIES, CABINETS, ETC.

WINDOW AND DOOR SIZES ARE NOMINAL DIMENSIONS, IN FEET AND INCHES, THE HORIZONTAL DIMENSION FIRST.

PROVIDE SEISMIC RESTRAINTS FOR WATER HEATERS, ONE STRAP AT THE TOP 1/3 OF THE TANK AND ONE STRAP AT THE BOTTOM 1/3 OF THE TANK.

IN SHOWERS AND TUB-SHOWER COMBINATION CONTROL VALVES MUST BE PRESSURE BALANCED OR THERMOSTATIC MIXING VALVES.

NEW WATER CLOSETS SHALL USE NO MORE THAN 1.6 GALLONS PER FLUSH AND SHALL MEET THE PERFORMANCE STANDARDS ESTABLISHED BY THE AMERICAN NATIONAL STANDARDS INSTITUTE, STANDARD # A 112.19.2 H&S COD, SECTION 17921.3(b).

PROVIDE WEATHER-STRIPPING ON ALL WINDOWS & EXTERIOR DOORS & DOOR TO GARAGE FROM HOUSE.

PROVIDE SMOKE ALARMS, INTERCONNECTED AND HARD-WIRED WITH BATTERY BACK-UP, IN THE DWELLING UNDERGOING AN ADDITION, ALTERATION, OR REPAIR: (1) WITHIN EACH SLEEPING ROOM; (2) OUTSIDE EACH SLEEPING AREA IN IMMEDIATE VICINITY OF BEDROOMS; (3) ON EACH STORY OF THE DWELLING, INCLUDING BASEMENTS AND HABITABLE ATTICS.

BATTERY OPERATED SMOKE ALARMS MAY BE USED IN EXISTING AREAS OF BUILDING WHERE THE INSTALLATION OF HARD-WIRED SMOKE ALARMS WOULD REQUIRE THE REMOVAL OF INTERIOR FINISHES. CRC R314.

23. PROVIDE CARBON MONOXIDE ALARMS, INTERCONNECTED AND HARD-WIRED WITH BATTERY BACK-UP, IN THE DWELLING UNDERGOING AN ADDITION, ALTERATION, OR REPAIR: (1) OUTSIDE OF EACH SEPARATE DWELLING UNIT SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOM(S); (2) ON EVERY LEVEL OF A DWELLING UNIT INCLUDING BASEMENTS.

BATTERY OPERATED CARBON MONOXIDE ALARMS MAY BE USED IN EXISTING AREAS OF BUILDING WHERE THE INSTALLATION OF HARD-WIRED CARBON MONOXIDE ALARMS WOULD REQUIRE THE REMOVAL OF INTERIOR FINISHES. CRC R315.

CRC SECTION R303.1 HABITABLE ROOMS. ALL HABITABLE ROOMS SHALL HAVE AN AGGREGATE GLAZING AREA OF NOT LESS THAN 8 PERCENT OF THE FLOOR AREA OF SUCH ROOMS. NATURAL VENTILATION SHALL BE THROUGH WINDOWS, DOORS, LOUVERS OR OTHER APPROVED OPENINGS TO THE OUTDOOR AIR. SUCH OPENINGS SHALL BE PROVIDED WITH READY ACCESS OR SHALL OTHERWISE BE READILY CONTOLLABLE BY THE BUILDING OCCUPANTS. THE MINIMUM OPENABLE AREA TO THE OUTDOORS SHALL BE 4 PERCENT OF THE FLOOR AREA BEING VENTILATED.

CRC SECTION R303.3 BATHROOMS, WATER CLOSET COMPARTMENTS AND OTHER SIMILAR ROOMS SHALL BE PROVIDED WITH AGGREGATE GLAZING AREA IN WINDOWS OF NOT LESS THAN 3 SQUARE FEET (0.3 m2), ONE-HALF OF WHICH MUST BE OPENABLE. EXCEPTION: THE GLAZED AREAS SHALL NOT BE REQUIRED WHERE ARTIFICIAL LIGHT AND A MECHANICAL VENTILATION SYSTEM ARE PROVIDED. THE MINIMUM VENTILATION RATES SHALL BE 50 CUBIC FEET PER MINUTE (24 LIS) FOR INTERMITTENT VENTILATION OR CUBIC FEET PER MINUTE (12 US) FOR CONTINUOUS VENTILATION. VENTILATION AIR FROM THE SPACE SHALL BE EXHAUSTED DIRECTLY TO THE OUTSIDE.

ALL ONSITE UTILITY LINES SHALL BE REROUTED UNDERGROUND. IF THERE ARE ANY UTILITY LINES THAT ARE NOT

UNDERGROUND, THEY SHALL BE REROUTED UNDERGROUND FOR ALL OTHER BUILDINGS WITHIN THE PERIMETER OF THE PROPERTY LINES. THIS INCLUDES ALL ELECTRICAL, COMMUNICATION C.A.T.V. AND SIMILAR DISTRIBUTION, SERVICE WIRES AND / OR CABLES FROM THE POINT OF SERVICE.

SHOWER COMPARTMENTS AND BATHTUBS WITH INSTALLED SHOWER HEADS SHALL BE FINISHED WITH A NONABSORBANT SURFACE THAT EXTENDS THE TO HEIGHT OF NOT LESS THAN 6 FEET ABOVE THE FLOOR. SEC. R307.2

SPRINKLER SYSTEM
REQUIREMENTS:

ALL FIRE SPRINKLER WORK TO BE INSTALLED TO THE RESIDENCE SHALL BE DONE IN ACCORDANCE TO THE NFPA 13D 2019 STANDARD.

SPECIAL INSPECTION REQUIRED FOR THE FOLLOWING

BUILDING DEPARTMENT NOTICES
NOTICE TO THE APPLICANT / OWNER / OWNER'S AGENT / DESIGNER / OR ENGINEER OF RECORD:

BY USING THIS PERMITTED CONSTRUCTION DRAWINGS FOR CONSTRUCTION / INSTALLATION OF THE WORK SPECIFIED

HEREIN, YOU AGREE TO COMPLY WITH THE REQUIREMENTS OF THE CITY OF ESCONDIDO FOR SPECIAL INSPECTIONS,

STRUCTURAL OBSERVATIONS, CONSTRUCTION MATERIAL TESTING AND OFF-SITE FABRICATION

OF BUILDING COMPONENTS, CONTAINED IN THE STATEMENT OF SPECIAL INSPECTIONS AND AS REQUIRED BY THE CALIFORNIA CONSTRUCTION CODES.

NOTICE TO THE CONTRACTOR / BUILDER / INSTALLER / SUB-CONTRACTOR / OWNER-BUILDER:

BY USING THIS PERMITTED CONSTRUCTION DRAWINGS FOR CONSTRUCTION / INSTALLATION OF THE WORK SPECIFIED

HEREIN, YOU AKNOWLEDGE AND ARE AWARE OF THE REQUIREMENTS CONTAINED IN THE STATEMENT OF SPECIAL

STRUCTURAL OBSERVATIONS, CONSTRUCTION MATERIAL TESTING AND OFF-SITE FABRICATION OF BUILDINGS

COMPONENTS, CONTAINED IN THE STATEMENT OF SPECIAL INSPECTIONS AND AS REQUIRED BY THE CALIFORNIA CONSTRUCTION CODES.

A PROPERTY OWNER'S FINAL REPORT FORM FOR WORK REQUIRED TO HAVE SPECIAL INSPECTIONS, TESTING AND

STRUCTURAL OBSERVATIONS MUST BE COMPLETED BY THE PROPERTY OWNER, PROPERTY OWNER'S AGENT OF RECORD, ARCHITECT OF RECORD, OR ENGINEER OF RECORD, AND SUBMITTED TO THE INSPECTION SERVICES DIVISION.

FIRE UNDERGROUND LINES, FIRE SPRINKLERR, AND FIRE ALARM PLANS ALL TO BE DEFERRED SUBMITTALS TO ESCONDIDO FIRE.

DESIGN AND CONSTRUCTION SHALL CONFORM TO ALL FEDERAL, STATE AND LOCAL

BUILDING CODES AND ORDINANCES TO INCLUDE BUT NOT LIMITED TO THE MOST CURRENT VERSION OF THE FOLLOWING DOCUMENTS:









2022 CALIFORNIA RESIDENTIAL CODE (CRC)
2022 CALIFORNIA BUILDING CODE (CBC)
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) 2022 CALIFORNIA ELECTRICAL CODE (CEC)
2022 CALIFORNIA MECHANICAL CODE (CMC)
2022 CALIFORNIA PLUMBING CODE (CPC)
2022 CALIFORNIA FIRE CODE (CFC)
2022 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS (CBEES)

ALL CODES AND ORDINANCES & AMENDMENTS ADOPTED BY THE CITY OF ESCONDIDO.

BUILDING CODE SUMMARY
BUILDING CODE YEAR:

TYPE OF OCCUPANCY:

TYPE OF CONSTRUCTION:
2022 CBC
----
-----
BUILDING HEIGHT: -----
WILDLAND-URBAN INTERFACE AREA: NO
A101
1 SIM
101
Room name
101
150 SF
1 A101
SIM
1i
1t
A101
1 Ref
View Name
1 Ref
View Name
1 Ref
View Name
1 Ref
View Name
A101
Ref
View Name
Ref
View Name
Ref
View Name
Ref
View Name

EXTERIOR ELEVATION

INTERIOR ELEVATION

SECTION

ROOM NAME

DETAIL REFERENCE

WINDOW IDENTIFIER

DOOR IDENTIFIER

WALL TYPE
HWY
15 GRAND MAPLE

VALLEY PKWY
SITE
2ND

AS SHOWN
NO. C-18386

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SHEET INFORMATION
DRAWN BY:

DATE:

SCALE:

JOB NUMBER:

CAD FILE:

CHECKED BY:

PLOT DATE:

PROJECT DATA:

REVISION
S
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D
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DESCRIPTION DATE
9/1/2023 2:20:36 PM
\\Mac\Home\Library\CloudStorage\Dropbox\Djani\FIRE
HYDRANT.rvt

DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025

TITLE SHEET
Issue Date
Project Number
Author
Checker
T1
143-145 W. GRAND AVE., ESCONDIDO, CA 92025
AS-2 Unnamed
T1 TITLE SHEET 00
AS-1 SITE PLAN
A1 A-S-BUILT PLANS
A2 2ND FLOOR CONCEPT 2
A3 ELEVATIONS
A4 ELEVATIONS & SECTIONS
L1 CONCEPTUAL LANDSCAPE PLAN
L3 COLOR CONCEPTUAL LANDSCAPE PLAN
L2 MATERIAL BOARD
145 W. GRAND AVE.

SHEET INDEX
PROPOSED:

PROJECT SUMMARY
REMODEL SECOND FLOOR TO FOUR (4) APARTMENTS,

COVERED PARKING, RELOCATE EXISTING TRASH

ENCLOSURE, ADD NEW ENTRANCE AND STAIR ON NORTH

SIDE AND NEW ACCESS STAIR FROM SOUTH SIDE
APN:

SITE ADDRESS: 143-145 W. GRAND AVE.

ESCONDIDO, CA 92025
233-062-02-00
LOT SIZE: 7,042 S.F.

ZONNING: SP
BUILDING SETBACKS: 0'-0" FRONT YARD
0'-0" SIDE YARDS
0'-0" REAR YARD

PROJECT DIRECTORY
OWNER:

ZADAR LLC
6049 DEERFORD ROW
LA JOLLA, CA 92037
ARCHITECT:

GRAND WEST ASSOCIATES, INC

CURTIS LIVELY
431 WEST GRAND AVE. SUITE 103
ESCONDIDO, CA. 92025
[email protected]
STRUCTURAL ENGINEER:

MORGAN STRUCTURAL ENGINEERING

JEFF MORGAN
460 E. 6TH AVE.

ESCONDIDO, CA 92025
morganstructural.com

SYMBOL LEGEND

LOCATION MAP

AREA TABULATION
FIRST FLOOR COMMERCIAL AREA: 3,976 S.F.
•
•
•
•
SECOND FLOOR APARTMENTS:

UNIT #1 816 S.F.

UNIT #2 914 S.F.

UNIT #3 934 S.F.

UNIT #4 822 S.F.

OPEN SPACE: 1,200 S.F. (300 S.F./UNIT)

HERS FEATURE SUMMARY REQUIRED SPECIAL FEATURES
BUILDING AREA: 4,500 S.F.

NUMBER OF FLOORS: 2
FIRE SPRINKLED: NO
CONSTRUCTION TYPE: VB
2 FRONT VIEW
YEAR BUILT: 1950 (EFFECTIVE)
12" = 1'-0"3 vicinity map
A
RESPONSES 7/18/23 COMMENTS
A
A
Ordinance No. 2024-01
Exhibit "B"

Page 1 of 10 ends

88 Item6.
-
-
-
-
GRAND AVE.

ACCESS ALLEY
-
---
14' - 9"

PROPOSED

COVERED

PARKING/ROOF

DECK OPEN
SPACE 1,000 S.F.
7' - 4"0' - 8"
UP
05' 10'20'
SCALE: 1" = 10'-0"
N
N. 59d 13' 19" E. 140.00' P.L.

N. 30d 45' 16" 50.00' P.L.
(E) SKYLIGHT (TYP.)

GUARDRAIL

ABOVE PER CODE
(TYP.)
BENCH
ELEC. ROOM
TRASH

ENCLOSURE PER

CITY STANDARDS

ADJACENT BUILDING
(CUT AWAY)

ADJACENT BUILDING
(CUT AWAY)
AS-2
1 INGRESS

EGRESS (E) TRANSFORMER
ALLEY R.O.W.
20' - 0"
(E) CHECK VALVE
W/ F.H.

CONNECTION
100' R.O.W.
3 A4
GRAND AVE. R.O.W.
100' - 0"
ALLEY R.O.W.
20' - 0"
CITY REQUIRED 2' DEDICATION
2' - 0"

LINE OF ROOF

DECK ABOVE
WWW
8" ACP PER DWG. 2048
SS
8" VCP PER DWG. 3347
MH
(E)
WM
WM
C/O
MH MH
C/O
C/O
-
-
40' - 0"
(N) PROPOSED

CHECK VALVE W/
F.H. CONNECTION
MAPLE
W

NEW WATER LINE

PER CITY STANDARD

PROPOSED FIRE

HYDRANT & FDC- LOCATE

PER CITY STANDARDS

SEWER LATERAL
(FIELD VERIFY)
(E) A/C UNIT
(E) A/C UNIT
(6) 3'h x 4'd x 8' w
storage locker above
ea. parking space.

AS SHOWN
NO. C-18386

ACF L IO
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LIVELY
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SHEET INFORMATION
DRAWN BY:

DATE:

SCALE:

JOB NUMBER:

CAD FILE:

CHECKED BY:

PLOT DATE:

PROJECT DATA:

REVISION
S
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D
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C
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DESCRIPTION DATE
9/1/2023 2:19:36 PM
\\Mac\Home\Library\CloudStorage\Dropbox\Djani\FIRE
HYDRANT.rvt

DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025

SITE PLAN
Issue Date
Project Number
Author
Checker
AS-1
1" = 10'-0"1 SITE PLAN
12 3 45
6 1110
9 8 7
DENOTES PHOTO #
A
A
A
A
A
A
A

LANDSCAPE

LANDSCAPE
Ordinance No. 2024-01
Exhibit "B"

Page 2 of 10 ends

89 Item6.
(field 9' - 8 1/2")
9' - 11"
13' - 4" 4' - 8 1/2"
5' - 0"
11' - 10"
2' - 7 1/2"
4' - 7"
9' - 9 1/2"9' - 9 1/2"4' - 9"
7' - 0"
1' - 0"
7' - 1 1/2"
1' - 8"
3' - 5"
3' - 0"
3' - 10 1/2"
11' - 8"
verify
20' - 6"
1' - 4"
2' - 9 1/2"
2' - 10"
10' - 3"
5' - 0"
7' - 9 1/2"
12' - 4 1/2" (24' - 4")
22' - 6"
13' - 3"
5' - 3"
19' - 10"
25' - 6"
19' - 0"
50' - 0"
4' - 6"
14' - 10"1' - 5"
1' - 3"
8' - 11"
(field 19' -0")
19' - 3"
(field measured 14'-2")
14' - 5"
?
10' - 3"
2' - 0"
11' - 6"
4' - 9"
80' - 8"
13' - 6"
7' - 9 1/2"
(field measured 15'-5 1/2")
15' - 7 1/2"
22' - 6"2' - 7"
?
12' - 4 1/2"
(field measured 79'-2")
79' - 4"
9' - 2"
3' - 0"
N

AS SHOWN
NO. C-18386

ACF L IO
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N.

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SHEET INFORMATION
DRAWN BY:

DATE:

SCALE:

JOB NUMBER:

CAD FILE:

CHECKED BY:

PLOT DATE:

PROJECT DATA:

REVISION
S
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DESCRIPTION DATE
9/1/2023 2:40:25 PM
\\Mac\Home\Documents\projects\145
W. Grand\145 w grand\as-built
drawings.rvt

DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025

A-S-BUILT
PLANS
Issue Date
Project Number
Author
Checker
A1
1/4" = 1'-0"1 2ND FL-ASBUILT
Ordinance No. 2024-01
Exhibit "B"

Page 3 of 10 ends

90 Item6.

UNIT 1
816 SF
UNIT 2
914 SF
UNIT 3
934 SF
DINING
BEDROOM 1
BEDROOM 2

BATHROOM

CLOSET KITCHEN

LIVING ROOM
ENTRY
LINEN

COMMON AREA
BEDROOM 1
BEDROOM 2BATHROOM
CLOSET

LIVING ROOM
LINEN
ENTRY
DINING
BEDROOM 1
BEDROOM 2BATHROOM CLOSETKITCHEN

LIVING ROOM
ENTRY
LINEN
A4
1 KITCHEN
CLOSET

BATHROOM
BEDROOM 1
W/D
PANTRY

LIVING ROOM
DINING UNIT 4 -
822 SF
3' - 0"
ENTRY
NEW 3'X6'-8" DOOR
10' - 0"
12' - 11 1/4"
23' - 11"
23' - 1 3/4"
10' - 0"
10' - 0"
9' - 7"
13' - 0 1/2"
22' - 4"
23' - 11"
14' - 3"
9' - 8"
10' - 0"
11' - 3"
5' - 1"
8' - 8"
22' - 4 1/2"19' - 0"
5' - 1"
8'-6".
10' - 0"
10' - 0"
13' - 0"
10' - 0"
6' - 1 23/32"
5' - 1 3/8"
5' - 1 3/8"
9' - 2 3/4"
20' - 6"
24' - 0 1/32"
11' - 4 7/32"
14' - 10 5/8"
4' - 2" 2' - 9"5' - 11 17/32"
(N) AREA LIGHT
-
-

AS SHOWN
NO. C-18386

ACF L IO
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CURTIS E.

LIVELY
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SHEET INFORMATION
DRAWN BY:

DATE:

SCALE:

JOB NUMBER:

CAD FILE:

CHECKED BY:

PLOT DATE:

PROJECT DATA:

REVISION
S
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DESCRIPTION DATE
9/1/2023 2:19:00 PM
\\Mac\Home\Library\CloudStorage\Dropbox\Djani\FIRE
HYDRANT.rvt

DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025
2ND FLOOR
CONCEPT 2
Issue Date
Project Number
Author
Checker
A2
1/4" = 1'-0"1 2ND FLOOR PLAN
N
Ordinance No. 2024-01
Exhibit "B"

Page 4 of 10 ends

91 Item6.

EXISTING STOREFRONT (NO CHANGE)NEW ENTRY TO 2ND FLOOREXISTING STOREFRONT (NO CHANGE)

REPLACE (E) WINDOWS
& FRAME WITHIN (E)

OPENING (TYPICAL

FOUR PLACES)
(E) STOREFRONT
(E) CANOPT TO REMAIN
(N) EXTERIOR LIGHT
(E) 3' WROUGHT IRON SEATING FENCE
(E) STREET TREE (TYP. 2 PLACES)
L2
5RESCUE
WINDOW
RESCUE
WINDOW
RESCUE
WINDOW
RESCUE
WINDOW
RESCUE
WINDOW
RESCUE
WINDOW
RESCUE
WINDOW
RESCUE
WINDOW
EXTERIOR LIGHTING (TYP. 3

PLACES)

ADJACENT BUILDING
L2
3 RESCUE
WINDOW
RESCUE
WINDOW
RESCUE
WINDOW

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DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025

ELEVATIONS
Issue Date
Project Number
Author
Checker
A3
1/4" = 1'-0"1 NORTH ELEVATION
1/4" = 1'-0"2 SOUTH ELEVATION

A A A A
AAA
Ordinance No. 2024-01
Exhibit "B"

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92 Item6.

GRAND
AVE.

ALLEY
(E) SKYLIGHT
(E) AREA TO REMAIN
10' - 2" IMPROVEMENT AREA
11' - 2"
(E) BUILDING TO WEST
27' - 0"
PROPOSED (4) APARTMENT UNITS
(E) RESTAURANT
9' - 0"

OUTDOOR OPENSPACE

PARKING BELOW
OUTDOOR SETAING (E) RESTAURANT 1ST FLOOR & (N) APTS 2ND FLOOR STAIRS & WALKWAY (E) PARAPET

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DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025

ELEVATIONS
& SECTIONS
Issue Date
Project Number
Author
Checker
A4
1/8" = 1'-0"1 WEST ELEVATION/SECTION
1/8" = 1'-0"2 SECTION - LOOKING NORTH
(E) COMMERCIAL SPACE (NO CHANGES)
1/8" = 1'-0"3 EAST ELEVATION / SECTION
Ordinance No. 2024-01
Exhibit "B"

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93 Item6.
(TYPICAL)
8'-6".

LINE OF COVERED

PARKING ABOVE
11' - 0"
7' - 4"
7' - 4"

UPLANDING ABOVE
ELEC. ROOM &

FDC BELOW
STAIR
1 2 3 4 5 6
BENCH

ADJACENT

BUILDING

ADJACENT

BUILDING

EXISTING BUILDING
3' - 10"
16' - 7"
ALLEY
3 A4
-
-

UNDER MOUNT STORAGE

CABINETS ABOVE
PARKING 8'X8'X2'
(TYPICAL 6 PLACES)

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DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025
Unnamed
Issue Date
Project Number
Author
Checker
AS-2 1/4" = 1'-0"1 SITE PLAN - PARKING
Ordinance No. 2024-01
Exhibit "B"

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94 Item6.
3 A4

COVERED

PARKING ABOVE

UPLANDING ABOVE
BENCH

ADJACENT

BUILDING

ADJACENT

BUILDING

EXISTING BUILDING
3' - 10"
16' - 7"
ALLEY
TRASH

ENCLOSURE
(E) TRANSFORMER
(E) RISER & FIRE

HOSE CONNECTION
ALLEY R.O.W.
20' - 0"

CONTEMPORARY CLAY POTS

WITH SMALL PATIO TREES

AND/OR COLOR PLANTING
TYPICAL (10) PLACES
(E) AWNING
(E) SIDEWALK
-
-
N

WUCOLS PLANT FACTOR

THIS PROJECT IS LOCATED IN 'WUCOLS'
REGION '4 SOUTH - INLAND'
H = HIGH WATER NEEDS
M = MODERATE WATER NEEDS
L = LOW WATER NEEDS
VL = VERY LOW WATER NEEDS

PLANTING NEEDS
TREES

SYMBOL TREE NAME

ACCENT PLANTS

SYMBOL ACCENT PLANT NAME

GROUND COVER/SHRUB MASS NAME

SYMBOL NAME
WUCOLS
QTY. WUCOLS
WUCOLS

MUHLENBERGIA RIGENS, DEER
GRASS 1 GAL. SIZE 42" O.C. M

ROSMARINUS 'TUSCAN BLUE', TUSCAN
BLUE ROSEMARY 5 GAL. SIZE L

AGAVE MEDIOPICTA ALBA,
CENTURY AGAVE 15 GAL. SIZE
L
EXISTING STREET TREE 2 M

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DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025

CONCEPTUAL

LANDSCAPE
PLAN
Issue Date
Project Number
Author
Checker
L1
1/8" = 1'-0"1 CONCEPTUAL LANDSCAPE PLAN
1 : 32 PLANT DATA
Ordinance No. 2024-01
Exhibit "B"

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95 Item6.

EXTERIOR STUCCO COLORS

LAHABRA STUCCO - (OR APPROVED EQUAL)
COLOR ONE: #81585 CHARLESTON (BASE 100)

BARK COLOR

WINDOWS & EXTERIOR DOORS
MILGARD "ULTRA SERIES"

FIBERGLASS - (OR APPROVED EQUAL)
COLOR: BARK
EXTERIOR LIGHTING (TYP. 3

PLACES)

ADJACENT BUILDING
7/8" STUCCO VENEER W/

SKIP TROWEL TEXTURE

REPLACE (E) WINDOWS & FRAMES WITHIN
(E) OPENING TYPICAL

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DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025

MATERIAL
BOARD
Issue Date
Project Number
Author
Checker
L2
12" = 1'-0"1 STUCCO COLOR
(E) EXTERIOR STUCCO COLOR
12" = 1'-0"2 WINDOW COLOR

EXTERIOIR LIGHTING
T.B.D.

COLOR: TO MATCH WINDOW COLOR
1/2" = 1'-0"3 GUARDRAIL DETAIL

1. 2.

VERFTICAL WROUGHT IRON HANDRAIL SYSTEM - OR

APPROVED EQUAL

WROUGHT IRON RAILS

COLOR - BARK TO MATCH WINDOW COLOR
1/4" = 1'-0"4 SOUTH ELEVATION - COLOR
1/2" = 1'-0"5

TYPICAL REPLACEMENT WINDOW
DETAIL
A
Ordinance No. 2024-01
Exhibit "B"

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96 Item6.
-
-
-
-
3 A4

COVERED

PARKING ABOVE
UP

LANDING
ABOVE
BENCH

ADJACENT

BUILDING

ADJACENT

BUILDING

EXISTING BUILDING
3' - 10"
16' - 7"
ALLEY
TRASH

ENCLOSURE
(E) TRANSFORMER
(E) RISER & FIRE

HOSE CONNECTION
ALLEY R.O.W.
20' - 0"

CONTEMPORARY CLAY POTS

WITH SMALL PATIO TREES

AND/OR COLOR PLANTING
TYPICAL (10) PLACES
(E) AWNING
(E) SIDEWALK

OPENSPACE

OUTDOOR PATIO
-
-
N

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DJANI REMODEL
145 W. GRAND AVE.

ESCONDIDO, CA 92025
COLOR

CONCEPTUAL

LANDSCAPE
PLAN
Issue Date
Project Number
Author
Checker
L3
1/8" = 1'-0"1 CONCEPTUAL LANDSCAPE PLAN Copy 1
Ordinance No. 2024-01
Exhibit "B"

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97 Item6.

Page 1 of 3 ends

Findings of Fact/Factors to be Considered
PL23-0075
Environmental Determination(s)

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

2. The Project qualifies for an exemption from furt her environmental review pursuant to CEQA Guidelines section 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structure) because such categorical exemption applies to proposed developments that consist of minor alterations to private structures involving negligible or no expansion beyond the existing or former use. This applies to development such as interior or exterior alterations, and additions to existing structures of not more than 10,000 square feet. The project also qualifies because it involves the conversion of existing unused space to multi -family residential totaling no more than six dwelling units in urbanized areas. The project site is substantially surrounded by urban uses, where the site has no habitat value for special status species, can be adequately served by all required utilities and public services, and the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

The Project also does no t trigger any exceptions to the categorical exemption as listed in CEQA Guidelines section 15300.2.

3. The City Council has independently considered the full administrative record before it, which includes but is not limited to the January 24, 2024, City Council Staff Report; testimony by staff and the public ; and other materials and evidence submitted or provided to it. The administrative record demonstrates that each of the above requirements have been satisfied.

No substantial evidence has been submitted that would support a finding that any of the above-described exemption requirements has not been satisfied. The Project will not have a significant effect on the environment, and all of the requirements of CEQA have been met.

Master and Precise Development Plan

1. The location, design, and residential density of the proposed Project is consistent with the goals and policies of the Escondido General Plan because mixed-use residential development is permitted and encouraged in the Downtown Specific Plan Area (SPA 9) and the Historic District (HD). The proposed infill residential project would be in conformance with General Plan Housing Element’s Goals and Policies to plan for quality managed and sustainable growth; provide a range of housing opportunities for all inco me groups and populations with special needs, and; encourage a compact, efficient urban form the promotes transit, supports nearby commercial establishments and takes advantage of infrastructure improvements installed to accommodate their intended intensit ies. The site is physically suitable for the proposed density of development because the property is within a downtown urban core area Ordinance No. 2024-01
Exhibit "C"

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98 Item6.

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and the project will assist in the ongoing revitalization of the Downtown Area and retail core by establishing a permanent residential base in the downtown area. The subject site is located within the Historic District of the Downtown Specific Plan, which allows multi-family mixed-use development up to 75 du/ac. Based on the property size of 0.16 acres, the Historic Downtown District would allow up to 12 units and a three-story structure up to 45 feet in height. The request to remodel the second story of the existing two -story, 27 -foot-high building is consistent with the land use density and development requirements envisioned for this area.

The project density of 25 du/ac is consistent with the allowable density for the project site.

The proposed Planned Development, consisting of a Master and Precise Development Plan, includes a request for a parking reduction from eight spaces to six spaces, along with reduction in setbacks for the six parking spaces. The Downtown Specific Plan allows for modifications to development standards through the Planned De velopment process. The proposed modifications to the development standards would be appropriate for this project, as discussed in the Planning Commission sta ff report dated December 12, 2023, and City Council staff report dated January 24, 2024.

2. The proposed location of the development allows the planned development to be well integrated with its surroundings by providing a mixed-use residential housing project in close proximity to transit, and near retail and other commercially developed propert ies. Adequate parking, circulation, utilities and access would be provided for the development (as detailed in the staff report). The project would not be out of character for the area because the Historic Downtown District of the Downtown Specific Plan envisions an upscale urban area with a mix of high -density residential and commercial development . Further , the proximity to the Escondido Transit Center makes the density appropriate. The proposed exterior improvements to the buildings are appropriate for the proposed location due to the street - oriented appeal and urban design characteristics, along with the quality of the architectural design and use of a variety of building materials and colors. The proposed exterior improvements also would be consistent and appropriate for the historic design of the structure.

3. All vehicular traffic generated by the proposed development would be accommodated safely and without causing undue congestion upon adjoining streets, as determined by the Engineering Division.

4. The overall design of the proposed residential mixed -use development would produce an attractive, efficient and stable environment for living because adequate residential amenities, parking, and landscaping would be provided . Further , the design of t he development is consistent with a high quality, urban infill project that will provide housing opportunities within walking distance of downtown commercial and retail services consistent with the City’s vision for the downtown area. The project includes sufficient on -site open space amenities appropriate for this mixed-use urban development, including a parking roof-deck common open area with outdoor seating areas.

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99 Item6.

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the project would not be visually obstructive or disharmonious with surrounding areas, or harm major views from adjacent properties. No grading is proposed for the project other than minimal ground preparation for the modified parking area.

6. The uses proposed have a beneficial effect not obtainable under existing zoning regulations.

Utilizing the Planned Development process allows flexibility from the Downtown Specific Plan requirements in order to achieve a high er-density residential project in the urban core and adaptive reuse of the existing underutilized building . The project would provide residential opportunities integrated into a comprehensive and self-contained development, which creates an environment of sustained desirability and stability through the controls offered and regulated through the Planned Development process.

8. The improvements are not likely to cause substantial environmental concerns because the property was previously developed with commercial uses . The site does not contain any sensitive or protected habitat or other environmental concerns as determined duri ng the environmental review. The design of the project and the type of improvements are not likely to cause serious public health problems because the project will not degrade the levels of service on the adjoining streets or drainage system as the projec t incorporates appropriate infrastructure improvements. Adequate city sewer and water is available to the site.

9. The general provisions, conditions, and exceptions applicable to the underlying Downtown Specific Plan shall be applied to the planned development, unless a different regulation or standard is prescribed by an adopted planned development. Development standards related to parking, setbacks, building height and open space as described in the December 12, 2023 staff report and January 24, 2024 staff report shall be governed by the site-specific Master Development Plan standards, which shall be adopted as part of the Project. All other provisions of the Escondido Zoning Code and Downtown Specific Plan shall prevail during the implementation and operation of the Project.

No Net Loss

No Net Loss Law (Government Code section 65863) applies when a site is included in the jurisdiction’s Housing Element’s inventory of sites and is either rezoned to a lower residential density or is approved at a lower residential density or affordability level than shown in the Housing Element. The City does not need to determine if this Project or a decision related to this Project would be subject to No Net Loss Law and its remedies. The Project site is not identified in the vacant/underutilized sites land inventory of the City’s Sixth Cycle (current) Housing Element (i.e., Appendix B of Chapter IV of the General Plan).

Ordinance No. 2024-01
Exhibit "C"

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100
Item6.

CONDITIONS OF APPROVAL
Planning Case Number: PL23-0075
This Project is conditionally approved as set forth on the application received by the City of Escondido on February 14, 2023, and the Project drawings consisting of Civil Plans/Grading, Sections, Site Plans, Floor Plans, Architectural Elevations, Landscap e Plans and Colored Elevations; all designated as recommended for approval on January 24, 2024, 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.

3. Certification. The Director of Development Services, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisi ons made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. Three copies of final Approved Plan set, shall be submitted to the Planning Division for certification. Said plans must be certified by the Planning Division prior to submittal of any post- entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.
a. The operation and/or use of the subject property shall be co nsistent with the Project Description and Details of Request, designated with the Approved Plan set.

Ordinance No. 2024-01
Exhibit "D"

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101
Item6.

b. Nothing in this Permit shall authorize the Applicant to intensify the authorized activity beyond that which is specifically described in this Permit.

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.

6. Certificate of Occupancy.

7. Availability of Permit Conditions.

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 busine ss 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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102
Item6.

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.

10. Fees. The appropriate development 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 lim ited 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 ame nded. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Development Services Department.

11. 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.

12. Clerk Recording.

a. State Law (SB 1535), effective January 1, 2007, requires certain projects to pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resources and/or sensitive habit at, in accordance with State law, or if the Project was analyzed through a negative declaration or environmental impact report, the Applicant shall remit to the City of Escondido Planning Division, within two (2) working days of the effective date of the adoption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County no tification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid. The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increases after the date of this approval, the Applicant shall be responsible for the increase.

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

Ordinance No. 2024-01
Exhibit "D"

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103
Item6.

13. 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.

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

15. 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 per mit inspections that are derived from the application entitlements herein granted; issue stop work orders; pursue abatement orders, penalties, or other administrative remedies as set forth in state and local laws; or institute and prosecute litigation to c ompel compliance with said conditions or seek damages for their violation. The applicant/developer shall be notified in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.

16. Indemnification, Hold Harmless, Duty to Defend.

a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunteers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of an y kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litiga tion costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sublessees, invitees, agents, consultants, employees, or volunteers), or such activity of any other person that is permitted by the Applicant or owner of the Property, occurring in, on, about , or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon.

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Item6.

and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).

b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project app rovals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).

c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the Ci ty an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the e xtent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations.

Nothing within this subsection shall be constru ed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

B. Construction, Maintenance, and Operation Obligations:

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Item6.

condition or appearance of the property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on the property advertising such property for sale or rent shall be in accordance with applicable laws, and be kept clean, in like-new condition, and free from fading and graffiti at all times. This condition shall be applicable from the date the land use is approved. The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.

2. Agency License and Permitting. In order to make certain on - or off -site improvement s 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 permi ts 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 constr uction, 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 (Ordin ance 90- 08).

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

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

8. Anti-Graffiti. The Applicant shall remove all graffiti from build ings 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.

Ordinance No. 2024-01
Exhibit "D"

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

11. Trash Enclosures. Appropriate trash enclosure(s) 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 ass essable 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 o f 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 s taging 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 implement ation 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 accord ance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non -residential construction projects, the Applicant must submit appropriate documentation as described in Section 4.408.5 of the California Green Building Standards Code for residential projects or portions thereof, or Section 5.408.1.4 for non- residential projects or portions thereof, demonstrating compliance with the California Green Building Standards Code sections cited above.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50 -horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB -verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Director of 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 n ot be located within San Diego County during the desired construction schedule, and (ii) the proposed replacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method , and documentation Ordinance No. 2024-01
Exhibit "D"

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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 six (6) on-site covered parking spaces shall be provided at all times. Parking shall be subject to the on -site parking requirements of Article 39 and this Planned Development, as identified in the Project details of request. Any garages or carports shall be maintained to provide parking for vehicles and storage (as may be designed) and other use of the garage or carport space shall not impede the use of the parking of vehicles.

2. No contractor or employee may store, o r 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 par king management plan shall be submitted to the Planning Division for review and approval. Said plan shall address space assignment(s), additional spaces, (assignment and use) gate hours (if provided), general maintenance, signage and striping, delivery an d 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 , to the satisfaction of the Director of Development Services.

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.

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.

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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 (as determined by the Director of Development Services), 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 plans 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 satisfaction of the Planning Division. The required landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

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

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

E. Specific Planning Division Conditions:

2. 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.

3. The plans submitted for building permit shall include notes or details containing the necessary work involved in complying with these Project conditions.

Ordinance No. 2024-01
Exhibit "D"

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4. The screening of roof -mounted, ground-mounted, or wall -mounted mechanical equipment and devices is required in accordance with Section 33-1085 of the Escondido Zoning Code.

7. Balconies and patios shall be kept in a neat and orderly manner. Items stored on balconies/patios should be kept out of view or properly screened. Items sha ll not be hung over, across or on balconies or patios (such a towels, clothing, etc.).

8. Any materials containing asbestos that will be disturbed during demolition activities must be managed in accordance with any applicable local, State and Federal regulat ions 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.

10. The parking structure roof -top open space area shall incorporate seating and shade -type amenities for the residents. These facilities shall be of a heavy-duty all-weather type design and maintained in good condition throughout the life of the project. Compliance with this requirement shall be demonstrated on the final building plans to the satisfaction of the City Planner or designee.

11. The Project shall participate in the Density Transfer Program as a “sending area” as described in the staff report(s). A dee d restriction shall be recorded prior to building permit issuance, transferring eight units into the Transfer Density Credit Pool.

F. 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.

Ordinance No. 2024-01
Exhibit "D"

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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 any necessary 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 (as may be required based on the scope of work to be done). Submitted plans must show compliance with the la test 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.

G. General Fire Division Conditions:

H. Engineering Services Division Conditions

GENERAL

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

3. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Improvements Cost pr epared by the project engineer.

The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10% of total public improvem ent 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. 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.

IMPROVEMENTS
Ordinance No. 2024-01
Exhibit "D"

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3. The developer shall dedicate to the City of Escondido a 2-foot-wide strip across the project on the alleyway side as ROW. A dedication document shall be prepared by a land surveyor and recorded prior to issuance of any building permit.

4. Trash enclosures shall be constructed to comply with storm water quality management requirements to the satisfaction of the City Engineer.

5. The public alleys and streets shall be adequately illuminated from the project building structure to the satisfaction of the City Engineer and Building Official. This lighting shall be maintained by the property owner.

WATER SUPPLY

1. The Developer is required at their sole expense to design and construct an 8 -inch PVC water main in Maple Street. This water main shall connect to the existing 8-inch water main located at the intersection of Maple Street and the alley, and extend north on Maple Street. A fire hydrant, RPDA, and FDC together with an adequate water supply shall be installed on the required water main at a location 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.

3. A reduced pressure detector check assembly is required for the project and shall be located just inside the property line. Fire suppression and sprinkler systems beyond the Detector Check Valves are private and shall be designed and constructed per current Building, Plumbing, and Fire Code Standards, and per the requirements of the City Fire Marshal and City Building Official and shall be approved by a separate submittal to the Building Department. Although private and approved by separate plans and permit, all fire suppression lines shall be shown for reference and review on the various final engineering plan sets.

Ordinance No. 2024-01
Exhibit "D"

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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. Backflow prevention assemblies are private and should be located on private property. Backflows shall be located directly behind the public meter.

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.

11. Any fire hydrants to be replaced, reconnected or rel ocated 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.

12. 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. 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.

2. All sewer laterals shall be considered a private sewer system. The property owner shall be responsible for all maintenance of sewer laterals to the public sewer main.

4. The project design shall be such that all existing or new sewer manholes are accessible at all times by City Vactor trucks for maintenance.

5. The Developer shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.

6. The location of all sewer laterals shall be shown on the grading and improvement plans.

Ordinance No. 2024-01
Exhibit "D"

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STAFF REPORT

January 24, 2024
File Number 0600-10; A- 3492

SUBJECT
CONSULTING SERVICES AGREEMENT AWARD FOR RFP 24 -11 ESCONDIDO LIBRARY CRITICAL

INFRASTRUCTURE AND MODERNIZATION PROJECT

DEPARTMENT
Public Works

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-06, authorizing the Mayor to execute, on behalf of the City, a Consulting Services Agreement (“Agreement”) with IDS Group, in an amount not to exceed $747,000 for design services for the Escondido Library Critical Infrastructure and Modernization Project (“Project”).

Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Laura McLin, Project Manager

FISCAL ANALYSIS
There will be no impact to the General Fund as the cost of this Agreement will be paid out of the California State Library Building Forward Library Infrastructure Program Grant.

PREVIOUS ACTION
On March 2, 2022, Council approved staff’s application for the California State Library Building Forward Library Infrastructure Program Grant.

On September 12, 2022, the City was notified that our application was successful. The City was awarded the full $10 million and the request for a full 100% reduction in the required cash match amount was approved.

On July 19, 2023, Council approved Resolution No. 2023-86 authorizing the Mayor to execute a Consulting Services Agreement with Griffin Structures in the amount of $798,000 for project and construction management services for the duration of the Escondido Public Library Critical Infrastructure and Modernization Project (“Project”).

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BACKGROUND
The Budget Act of 2021 (SB -129) allocated $439 million in one -time funds to the California State Library to address the life-safety and critical maintenance needs of public library facilities throughout California.

The 472 Item14. Competitive Building Forward Library Infrastructure Improvement Program grant prioritizes funding for local library facilities located in high-poverty areas of the state. The City applied for and was awarded the maximum grant amount per library facility of $10,000,000. Additionally, the City’s request for a full 100% reduction in the required cash match amount was also approved.

The Escondido Public Library (“Library”) resides in a 40,000-square-foot building constructed in 1980 and is the sole library location serving a population of over 150,000 people. As with many aging City facilities, there has not been sufficient funding available to properly maintain the Library. There are currently three known roof leaks and the windows seep during storms with high winds. Without addressing the roof and window issues, there will likely be a major issue impacting Library operations in the next 3-5 years.

The Project seeks to upgrade essential infrastructure components, encompassing lighting, roofing, windows, and HVAC systems within the Library, optimizing them within the constraints of the allocated budget. Fluorescent and incandescent lighting will be reviewed and potentially upgraded with energy- efficient LED. The original roof, which has exceeded its projected lifespan and has been repaired multiple times over the years but continues to leak, will be studied and replaced where necessary to fix water - damaged areas throughout the facility. The Library has seven roo ftop HVAC systems which are approximately 15 years old and are approaching the end of their useful life . The Library is a designated cool zone for residents during extreme heat waves. Due to the age of the HVAC units, we are experiencing major HVAC failures that have affected operations. These replacement efforts will extend the life of the building for the foreseeable future. Additionally, the anticipated work will seek to correct any non - compliance i ssues as it relates to the Americans with Disabilities Act (ADA). Should there be surplus funding beyond the expenses earmarked for crucial infrastructure enhancements, the project will extend its focus to modernizing the first -floor layout. This includes aligning the space with current community needs, fostering functionality, and incorporating aesthetic improvements for an enhanced overall environment.

On January 23, 2023, an RFQ was released to address staff bandwidth issues around project management of the numerous capital improvement projects underway and the tight timelines of the associated funding sources. A list comprised of nine qualified firms was generated for the selection committee’s review of which four were asked to submit formal proposals. A Consulting Services Agreement was executed with Griffin Structures and the initial phase of the Project commenced including a Facility Condition Assessment of the Library building and document drafting for design services.

On October 18, 2023, the City solicited an RFP for architectural and engineering services for the Project.

The City received responses from eight firms of which four were invited to formally present their proposal to an interview panel comprised of representatives from Public Works, Engineering, the Escondido Library, 115
Item7.

and Griffin Structures (as a non -voting contributor). It was determined that IDS Group ranked highest based on rating categories including project understanding, collaborative expertise, process, and five predetermined questions surrounding budget, aesthetic enhancements, potential challenges, and accessibility standards.

RESOLUTIONS
A. Resolution No. 2024-06
B. Resolution No. 2024-06 – Exhibit “A” Consulting Services Agreement

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RESOLUTION NO. 2024-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CONSULTING

SERVICES AGREEMENT WITH IDS GROUP FOR

ARCHITECTURAL AND ENGINEERING SERVICES FOR THE

ESCONDIDO PUBLIC LIBRARY CRITICAL

INFRASTRUCTURE & MODERNIZATION PROJECT

WHEREAS, the Budget Act of 2021 (SB -129) allocated $429 million in one -time funds to the California St ate Library to address life -safety and critical maintenance needs of public library facilities throughout California as part of the Building Forward Library Infrastructure Improvement Program; and WHEREAS, the C ity was awarded $10 million to fund the Escondido Public Library Critical Infrastructure & Modernization Project (“Project”) which will replace critical infrastructure including lighting, roofing, windows, HVAC systems, asbestos remediation, and upgrade existing first -floor restrooms to Title 24 accessibility standards; and
WHEREAS, on January 23, 2023, a Request for Qualifications (“RFQ”) was released soliciting construction and project management services for the duration of the Project; and WHEREAS, on July 19, 2023, Council approved Resolution No. 2023-86 authorizing the Mayor to execute a Consulting Services Agreement with Griffin Str uctures in the amount of $798,000 for project and construction management services for the Project; and WHEREAS, On October 18, 2023, the City solicited a Request for Proposal (“RFP”) for architectural and engineering services for the Project; and
WHEREAS, IDS Group was determined , through a competitive procurement process, to be the most responsive and responsible firm providing the best value to the City; and 117
Item7.

WHEREAS, the City Council desires at this time and deems it to be in the best public interest to authorize a Consulting Services Agreement with IDS Group in the amount of $747,000.

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 determines the proposal submitted by IDS Group to be the most responsive proposal which conformed to the City’s specifications and requirements.

3. That the City Council authorizes the Mayor to execute, on behalf of the City, a Consulting Services Agreement with IDS Groups in substantially similar form to that which is attached and incorporated to the Resolution as Exhibit “A”, and subject to final approval as to from by the City Attorney.

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Consulting Agreement (v2) - 1 - CAO:2/16/2023

CITY OF ESCONDIDO

CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Laura McLin
760-271-3780
("CITY")
And: IDS GROUP, INC.
a California corporation
1 Peters Canyon Road, Suite 130
Irvine, CA 92606
Attn: Said Hilmy
949-387-8500
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to provide architectural and engineering services related to the Escondido Public Library Critical Infrastructure & Modernization Project (“Project”); WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CON SULTANT desire to enter into this Agreement f or the per - formance of the Services described herein.

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

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

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, Resolution No. 2024-06
Exhibit "A"

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Consulting Agreement (v2) - 2 - CAO:2/16/2023
and CONSULTANT shall accept in full, an amount not to exceed the sum of $747,000.

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

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

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

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

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

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

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

Resolution No. 2024-06
Exhibit "A"

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Consulting Agreement (v2) - 3 - CAO:2/16/2023
(3) Workers’ Compensation. Worker’s Compensation as requi red by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissi ons). Professional Liability ( Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimu ms otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability a nd the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insur ance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that covera ge shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensat e for the lack of Resolution No. 2024-06
Exhibit "A"

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other insurance coverage required by this Agreement. CONSULTANT’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicabl e policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance cover age CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement . In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates complian ce with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, and only to the extent such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. Further, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Perm it (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Resolution No. 2024-06
Exhibit "A"

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Escondido City CouncilJanuary 24, 2024

Escondido City Council
January 24, 2024