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Item6.
131 Calle Iglesia, Suite 200, San Clemente, CA 92672 (949) 369-6141 www.lgcgeotechnical.com January 31, 2024 Project No. 24018-01
Ms. Allie Stafford
David Volz Design Landscape Architects
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
Subject: Proposal to Provide a Limited Subsurface Geotechnical Evaluation and Recommendations for Proposed Mountain View Park Pickleball Courts, 1160 South Citrus Avenue in the City of Escondido, California
Introduction
In accordance with your request, LGC Geotechnical, Inc. has prepared this proposal and cost estimate to perform a limited subsurface geotechnical evaluation, provide recommendations, and construction services for the proposed Mountain View Park pickleball courts located at 1160 South Citrus Avenue in the City of Escondido, California. This proposal is based on information provided by you and our previous experience with similar projects.
Geotechnical Evaluation
We reco mmend performing a limited subsurface ge otechnical evaluation and provide preliminary geotechnical recommendations pertaining to the proposed improvements (pickleball courts and associated improvements). The evaluation would consist of advancing hand auger borings and performing laboratory testing.
Note: Our evaluation and report will only address th e geotechnical issues associated with the site and will not address any environmental issues.
Scope
Excavate, sample, and log one to two hand-augured borings to depths of up to approximately 5 feet below the ground surface in the approximate location of the proposed improvements. Observe the current site condition and periodically probe the near surface soils with a hand probe for relative density determination.
Collect, submit, and assign samples for laboratory testing (as appropriate) to our geotechnical laboratory for characterization of the engineering properties of the selected onsite materials.
Resolution No. 2024-23
Exhibit "A"
115
Item6.
Project No. 24018‐01 Page 2 January 31, 2024
Perform limited laboratory testing of representative samples of the site soils to determine their expansion potential and sulfate content. Geotechn ical interpretation and analysis of field an d laboratory results.
Preparation of one preliminary geotechnical evaluation report for the planned pickleball courts.
Cost
We propose to perform the above-mentioned geotechnical services on a time‐and‐material basis in accordance with our attached 2022 Professional Fee Schedule for an estimated amount of Six Thousand Five Hundred Dollars ($6,500.00) for the geotechnical evaluation. If this proposal meets with your requirements, please provide us with the appropriate authorization from your firm.
Assumptions
Please note that the following assumptions have been made:
1. No permits will be required.
2. We assumed that right of entry will be addressed by your office prior to the start of our fieldwork.
3. We are not aware of any environmental or biological constraints in the immediate vicinity of the subject project. We assume you will make us aw are of any constraints and the particulars regarding them before we begin our evaluation. If our proposed scope of services is found to conflict with environmental or biological constraint s, it will be adjusted accordingly, as will our cost estimate.
4. No field infiltration testing will be required for the WQMP.
5. This cost estimate does not include responses to agency review sheets (if any).
If any of these assumptions are invalid, our fees shall be adjusted accordingly.
Schedule
Once we receive the notice to proceed, we will begin the field evaluation when equipment is available.
The field portion of our evaluation is expected to take one full day. Laboratory testing will be completed approximately two weeks following our fi eld work and preparation/distribution of the geotechnical report will require an additional one week.
Closure
If this prop osal meets with your approval, please provide us with the necessary work authorization.
We will start work immediately upon signing a mutually agreeable contract.
Resolution No. 2024-23
Exhibit "A"
116
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Project No. 24018‐01 Page 3 January 31, 2024
Our proposed services will be performed to the genera l standard of care of geotechnical consulting in Southern California; no other warranty is expressed or implied.
The opportunity of submitting this proposal is si ncerely appreciated. Should you have any questions, please do not hesitate to contact our office.
Sincerely,
LGC Geotechnical, Inc.
Branden Petersen, EIT
Senior Staff Engineer
DJB/BPP
Attachment: 2022 Professi onal Fee Schedule
Distribution: (1) Addres see (electronic copy)
Resolution No. 2024-23
Exhibit "A"
117
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131 Calle Iglesia, Suite 200, San Clemente, CA 92672 (949) 369-6141 www.lgcgeotechnical.com 2022 PROFESSIONAL FEE SCHEDULE
GEOTECHNICAL SERVICES
Professional Billing Rate (per hour)
Word Processing ............................................................................................................... ........................................................... $ 70.00 CAD Operator .................................................................................................................. .................................................................. 95.00 Junior Field Technician ....................................................................................................... .......................................................... 95.00 Senior Field Technician .............................................................................................................................................................. 110.00 Field Technician/Prevailing Wage .............................................................................................. .......................................... 150.00 Staff Engineer/Geologist ...................................................................................................... ..................................................... 135.00 Senior Staff Engineer/Geologist .............................................................................................. .............................................. 145.00 Field Supervisor/Operations Manager ................................................................................................................................ 110.00 Project Engineer/Geologist .................................................................................................... .................................................. 170.00 Senior Project Engineer/Geologist ........................................................................................................................................ 185.00 Associate Engineer/Geologist .................................................................................................. ............................................... 195.00 Principal Engineer/Geologist .................................................................................................. ................................................ 250.00 Engineering Equipment
Field Vehicle Usage ........................................................................................................... ...................................... $ 10.00/per hour Vehicle Mileage ............................................................................................................... .......................... included in vehicle usage Nuclear Soil Gauge and Inclinometer .................................................................................................. included in hourly rate Other Monitoring Equipment .................................................................................................... ................................. Upon Request Laboratory Tests
Moisture Content .................................................................................................................................................................................. $ 24.00 Moisture and Density (ring samples) ................................................................................................................................................. 35.00 Maximum Dry Density (optimum moisture content) .............................................................................................................. 294.00 Maximum Density Checkpoint ........................................................................................................................................................... 100.00 Sieve Analysis ............................................................................................................................................................................................ 165.00 Hydrometer Analysis.............................................................................................................................................................................. 135.00 Sieve and Hydrometer Analysis ......................................................................................................................................................... 220.00 Percent Passing No. 200 Sieve............................................................................................................................................................... 85.00 Liquid Limit and Plastic Limit ............................................................................................................................................................ 180.00 Liquid Limit – Non-Plastic (1pt) ........................................................................................................................................................ 100.00 Sand Equivalent ........................................................................................................................................................................................ 125.00 Expansion Index ....................................................................................................................................................................................... 155.00 Direct Shear (shear rate of 0.05 in./min.) ..................................................................................................................................... 345.00 Direct Shear (shear rate of lower than 0.05 in./min.) .............................................................................................................. 415.00 Single Point Shear .................................................................................................................................................................................... 135.00 Unconsolidated Undrained Triaxial Shear .................................................................................................................................... 205.00 Consolidation (w/o time rate) ........................................................................................................................................................... 235.00 w/time rate, add (per increment) ............................................................................................................................................. 55.00 w/extra load, add (per load) ........................................................................................................................................................ 50.00 Collapse Test (ASTM D4546-B) ......................................................................................................................................................... 125.00 R-Value (untreated) ................................................................................................................................................................................ 375.00 R-Value (treated) ..................................................................................................................................................................................... 410.00 Sulfate Content ............................................................................................................................................................................................. 95.00 Chloride Content ......................................................................................................................................................................................... 85.00 Corrosive Suite (minimum resistivity, pH, sulfate and chloride) ........................................................................................ 320.00 Organic Matter Content ........................................................................................................................................................................... 85.00 Caltrans 216 Compaction ..................................................................................................................................................................... 300.00 Resolution No. 2024-23
Exhibit "A"
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131 Calle Iglesia, Suite 200, San Clemente, CA 92672 (949) 369-6141 www.lgcgeotechnical.com
Stipulations
All professional rates are accrued from portal to portal. Expert witness testimony, depositions, or mediatio n conferences, will be billed at 2.0 times the professional billing rate.
All geologists, engineers, and technicians will be billed at time-and-a-half for overtime. Overtime is defined as more than 8 hours in one day and any time worked on weekends, state holidays or night shifts. Double time will be billed when more than 12 hours are worked in one day or more than 8 hours on weekends, state holidays or night shifts . Scheduling Field Technicians less than 48 hours in advance may result in their hours being billed at overtime rates. Invoices are rendered monthly, payable upon receipt.
Proposals are valid for 30 days, unless otherwise stated. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, outside reproduction, and other reimbursable expenses will be invoiced at cost, plus 20 percent. Prior to initiating our field work, client agrees to provide all information in client’s possession about actual or possible presence of underground utilities and/or hazardous materials on the site.
Client agrees to reimbu rse LGC Geotechnical for all costs related to unanticipated discovery of utilities and/or hazardous materials.
Prior to initiating our field work, client agrees to provide all information in client’s possession with regard to restricted entry and/or exploration areas, such as areas of environmental contamination, hazardous soils, sensitive habitat areas, etc. Client agrees to reimburse LGC Geotechnical for all costs related to environmental contamination, hazardous soils, sensitive habitat areas, etc. Client is responsible for providing safe and legal access to the site at all times. LGC Geotechnical will not be liable for any loss, da mage or liability to persons or property arising out of performance of our service that is not cove red and paid for by our insurance. For any other loss, damage or liability which is not covered by insurance, our liability will be limited to the lessor of either $10,000 or the total amount paid by client to LGC Geotechnical on the project in question. These rates are based on standard insurance cove rage. If higher insurance limits are required client should discuss these limits, and the associated cost, with LGC Geotechnical prior to the initiation of our services.
LGC Geotechnical’s services will be performed in accordance with generally accepted standards of care and diligence normally practiced by geotechni cal consulting firms performing services of a similar nature in Southern California. No other wa rranty, either expressed or implied, is included or intended in LGC Geotechnical’s proposals, contracts, reports, etc. Quoted laboratory test rates assume samples are free of hazardous materials. Handling and testing of samples containing hazardous materials may include additional costs.
Resolution No. 2024-23
Exhibit "A"
119
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MKN CPM LLC
23942 Lyons Ave. Ste. 215
Newhall, CA 91321
661 425 6363
2024 FEE SCHEDULE
FOR PROFESSIONAL CM SERVICES
MKN CPM, LLC
ENGINEERS AND TECHNICAL SUPPORT STAFF
Principal Construction Manager $264/HR
Construction Manager $224/HR
Resident Engineer $205/HR
Assistant Resident Engineer $185/HR
Construction Inspector $178/HR
Administrative Assistant $70/HR
Routine office expenses such as computer usage, software licenses and fees, telephone charges, office equipment and supplies, incidental postage, copying, and faxes are included as a 3% fee on labor cost.
DIRECT PROJECT EXPENSES
Outside Reproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Travel & Subsistence (other than mileage) Cost
Auto Mileage Current IRS Rate
Resolution No. 2024-23
Exhibit "A"
120
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STAFF REPORT
April 17, 2024
File Number 0600-10; A-3325-4
SUBJECT
APPROVE BUDGET ADJUSTMENT, CHANGE ORDER AND CONTRACT AMENDMENT FOR THE CITRACADO
PARKWAY EXTENSION PROJECT
DEPARTMENT
Development Services
RECOMMENDATION
It is requested that the City Council adopt Resolution No. 2024-43 authorizing a budget adjustment to receive reimbursement in the amount of $2,033,103.50 from Rincon Del Diablo Municipal Water District, Resolution No. 2024-44 for a change order in the amount of $994,407.97 to the construction contract with Flatiron West, Inc. , and Resolution No. 2024-45 authorizing Amendment 4 to the consultant contract with TY Lin International in the amount of $389,823 for the Citracado Parkway Extension Project (“Project”).
Staff Recommendation: Approval (Chris McKinney, Interim Development Services Director/ Deputy City Manager and Julie Procopio, City Engineer)
ESSENTIAL SERVICE –Yes, Public Works/Infrastructure
COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido
FISCAL ANALYSIS
The budget adjustment is intended to recognize reimbursement from Rincon Municipal Water District for work performed on their behalf. R emaining programmed funds for the Citracado Parkway Extension Project are adequate to cover the cost of the proposed change order and amendment amounts.
Additional funding will be programmed in the CIP budget for the costs o f long-term maintenance and monitoring as required by the resource agency permits for the Project. The Project is funded with a combination of funding sources including a $12.5 million Local Partnership Program grant, TransNet, Traffic Impact Fees, and a contribution from the Palomar Hospital project.
PREVIOUS ACTION
On August 20, 2014, the City Council authorized the Mayor to execute a reimbursement agreement with Rincon Del Diablo Municipal Water District ( “Rincon”) for their share of pipeline design co sts for the Citracado Parkway Extension project . On February 5, 2020 the City Council authorized the Mayor to 121
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execute a reimbursement agreement with Rincon for recycled water and potable water construction and relocation as part of the Citracado Parkway Extension Project.
On May 11, 2022, the City Council authorized the Mayor to execute an agreement with Flatiron West, Inc. in the amount of $23,792,400.50 to complete the Citracado Parkway Extension Project. On October 11, 2023, the City Council authorized the Mayor to execute a change order to the construction contract with Flatiron West, Inc. in the amount of $1,493,621.38 for additional costs associated with construction of the soundwall on the east side of Citracado Parkway.
On February 5, 2020 , the City Council authorized the Mayor to execute an agreement with TY Lin International, Inc. for construction management and constructability review in the amount of $1,596,544.
On June 22, 2022, the City Council authorized the Mayor to execute Amendment 1 to the City’s contract with TY Lin International, Inc. in the amount of $982,162.51 to support a longer construction duration based on a detailed constructability review that determined more time was necessary to complete the Project. Staff approved Amendment 2 to TY Lin’s agreement in the amount of $191,295 for additional construction management and added staff for inspection of sound wall foundation construction due to the presence of shallow rock and excessive groundwater. On October 11, 2023, the City Council authorized the Mayor to execute Amendment 3 with TY Lin International, Inc. in the amount of $ 845,013 for continued support of Project construction.
BACKGROUND
Construction of the Project began on September 6, 2022. The original contract completion date was in February 2024. As a result of utility conflicts and the presence of rock and shallow groundwater resulting from rainfall experienced during the 2022/23 and 2023/24 rain seasons, the Project now has an estimated completion in July 2024. Higher than average rainfall over the last two years has raised the groundwater table, making construction of Project sound wall foundations more difficult requiring pumping of groundwater and placement of sleeves to prevent caving of foundations. Rock has also been present in Project sound wall excavations, lengthening the time necessary to drill foundations. Utility conflicts have resulted in the need to re-design and reroute water mains, irrigation lines and appurtenances. Delays associated with weather, groundwater, rock and utilities have extended the Project duration, and required additional construction management services.
Construction Changes:
The Environmental Impact Report for the Project requires noise-reducing sound walls along much of the existing segment of Citracado Parkway. The presence of rock and groundwater in the soundwall foundations for the west side of the roadway resulted in additional construction costs in the amount of $688,652.94. To mitigate potenti al costs, one segment of sound wall was re -designed to provide a shallower footing to reduce the risk of exposure to rock and groundwater, averting approximately $150,000 in additional costs. In addition, utility conflicts resulted in the need to re -route and relocate 122
Item7.
water and irrigation lines and their appurtenances at a cost of $305,755.03. In total, staff has confirmed $994,407.97 in actual additional costs associated with construction of the westerly soundwall footing and utility conflicts to date. Staff requests that the City Council approve change orders to the Flatiron West, Inc. contract in the amount of $994,407.97
Construction Management Changes:
An amendment to the agreement with TY Lin , the construction management consultant, is requested based on the extended construction timeline and to cover required additional effort of the construction management to team track time and materials associated with groundwater, rock and utility conflicts.
The consultant’s efforts ensure that the City can det ermine and pay for the actual cost of the additional work. In addition, additional costs resulted from the need to test the foundations placed under wet conditions. The construction duration was extended due to these conditions which have resulted in additional construction management services. Staff recommends a contract amendment with TY Lin in the amount of $389,823 to ensure construction management and quality assurance of the Project through its anticipated completion date.
Project Status:
The Project is approximately 70% complete . The Citracado Parkway bridge deck and rails have been completed leaving placement of sidewalks and approach slabs remaining to be completed. Median curb, curb and gutter, sidewalk and roadway base have been installed for much of the roadway extension south of the bridge. Placement of curb, gutter and sidewalk are in progress for the roadway extension on the north side of the bridge. Soundwalls are nearly complete on the east side of the roadway with foundation completion on the westerly side of Citracado Parkway anticipated by early May 2024.
Over the next several months, the contractor will complete import of soil, placement of roadway base, and asphalt concrete for the extended roadway . Along the existing segment of Citracado Parkway, the sound walls on the westerly side of the roadway will be completed. SDG&E mobilized on site in late March to relocate existing vaults and install service points for connection of street lights, traffic signals and irrigation controllers. The overall Project is expected to be complete and opened to traffic in July 2024.
RESOLUTIONS
a. Resolution No. 2024 – 43
Resolution No. 2024 – 43 Exhibit “A”: Budget Adjustment b. Resolution No. 2024 – 44
c. Resolution No. 2024 – 45
Resolution No. 2024 – 45 Exhibit “A”: Amendment 4
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RESOLUTION NO. 2024-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING A BUDGET
ADJUSTMENT TO ACCEPT FUNDS PER THE CITY’S
REIMBURSEMENT AGREEMENT WITH RINCON DEL
DIABLO MUNICIPAL WATER DISTRICT FOR THE
CONSTRUCTION OF THE CITRACADO PARKWAY
EXTENSION PROJECT
WHEREAS, the City Council has allocated funding in the adopted Capital Improvement Program (“CIP”) Budget for the Citracado Parkway Extension Project; and WHEREAS, on August 20, 2014 , the City Council adopted Resolution No. 2014-131 authorizing execution of a Reimbursement Agreement with Rincon Del Diablo Municipal Water District (“Rincon”) for Rincon’s share of pipeline design costs associated with the construction of the Citracado Parkway Extension Project (“Project”); and
WHEREAS, on February 5, 2020, the City Council adopted Resolution No. 2020-14 authorizing execution of a Reimbursement Agreement with Rincon for Rincon’s share of recycled water and potable water construction and relocation as part of the construction of the Project; and WHEREAS, the City Council recognizes that approval of a budget adjustment for the Project is required to continue and complete construction of the Project; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize a budget adjustment with Rincon accepting an amount not to exceed $2,033,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
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1. That the above recitations are true.
2. That the City Council approves a budget adjustment with Rincon Del Diablo Municipal Water District for the construction of the Citracado Parkway Extension Project up to $2,033,000, Exhibit “A”.
3. That should staff determine that additional funds are owed by Rincon Del Diablo Municipal Water District to complete construction of the Citracado Parkway Extension Project, the City Manager shall have authority to approve additional budget adjustment to accept those funds. 125
Item7.
Resolution No. 2024-43
Exhibit "A"
BUDGET ADJUSTMENT
REQUEST
Department: Development Services
For Finance Use Only
BA #
Fiscal Year
Department Contact: Julie Procopio, ext. 4001
City Council Meeting Date:
(attach staff report) 04/10/2024
EXPLANATION OF REQUEST
BUDGET ADJUSTMENT INFORMATION
Project/Account Description
Account Number
Amount of
Increase
Amount of
Decrease
Citracado Parkway Extension 235-631001 $2,033,000
APPROVALS
DEPARTMENT HEAD DATE FINANCE DATE
Budget Adjustment to accept reimbursement funds from Rincon Del Diablo Municipal Water District for their fair share of construction and construction management costs of the Citracado Parkway Extension Project up to the amount of $2,033,000.
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RESOLUTION NO. 2024-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING CHANGE
ORDERS TO THE PUBLIC IMPROVEMENT AGREEMENT
WITH FLATIRON WEST, INC. FOR THE CONSTRUTION OF
THE CITRACADO PARKWAY EXTENSION PROJECT
WHEREAS, the City Council has allocated funding in the adopted Capital Improvement Program (“CIP”) Budget for the Citracado Parkway Extension Project; and WHEREAS, on May 11, 2022, the City Council adopted Resolution No. 2022-56 authorizing execution of a Public Improvement Agreement with Flatiron West, Inc. in the amount of $23,792,400.50 for the construction of the Citracado Parkway Extension Project (“Project”); and WHEREAS, on October 11, 2023 , the City Council adopted Resolution No. 2023-120 authorizing execution of a change order in the amount of $1,493,621.38 regarding construction services to be provided by Flatiron West, Inc. under the Public Improvement Agreement for the Project; and WHEREAS, the City Council recognizes that approval of an additional change order for the Project is required to continue and complete construction of the Project; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize the Mayor to execute a second change order with Flatiron West, Inc. in an amount not to exceed $994,407.97.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
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2. That the City Council approves construction c hange orders issued to date with Flatiron West, Inc. for the construction of the Citracado Parkway Extension Project totaling $994,407.97.
3. That staff retains the authority to approve change orders up to ten -percent of the total contract amount in accordance with the Municipal Code.
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RESOLUTION NO. 2024-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, A UTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF THE CITY, A FOURTH AMENDMENT
TO THE CONSULTING AGREEMENT WITH TY LIN
INTERNATIONAL FOR THE CITRACADO PARKWAY
EXTENSION PROJECT
WHEREAS, the City Council has allocated fund ing in the adopted Capital Improvement Program Budget for the Citracado Parkway Extension Project (“Project”); and WHEREAS, on February 5, 20 20, the City Council adopted Resolution No. 202 0-08 authorizing execution of a Consulting Agreement with TY Lin International in the amount of $ 1,596,544 for the construction management of the Project; and
WHEREAS, on June 22 , 20 22, the City Council adopted Resolution No. 202 2-82 authorizing execution of a first amendment to the Consulting Agreement with TY Lin International in the amount of $982,162.51 for the continued construction management of the Project; and WHEREAS, on September 21 , 20 23, the City Manager executed a second amendment to the Consulting Agreement with TY Lin International in the amount of $191,295 for the continued construction management of the Project; and
WHEREAS, on October 11, 2023, the City Council ad opted Resolution No. 2023 -123 authorizing execution of a third amendment to the Consulting Agreement with TY Lin International in the amount of $845,013 for the continued construction management of Project; and WHEREAS, additional construction management services are required of TY Lin International to support the construction of the Project in the amount of $389,823. 129
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
2. That Mayor is authorized to execute, on behalf of the City, a Fourth Amendment to the Consulting Agreement with TY Lin International, which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.
3. That the City Manager is authorized to approve additional amendments to this contract up to $200,000 in accordance with the Municipal Code.
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Resolution No. 2024-45
Exhibit "A"
Fourth Amendment
To Consulting Agreement
- 1 - CAO: 2/16/2023
CITY OF ESCONDIDO
FOURTH AMENDMENT TO CONSULTING AGREEMENT
This Fourth Amendment to Consulting Agreement (“Fourth Amendment”) 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: Julie Procopio
760-839-4001
("CITY")
And: T.Y. Lin International
a California corporation
404 Camino del Rio South, Suite 700
San Diego, CA, 92108
Attn: Joseph Smith
619-692-1920
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Consulting Agreement da ted March 9, 2020 (“Agreement”), which was subsequently amended by a First Amendment dated August 11, 2022, a Second Amendment in September 2023, and a Third Amendment in October 2023 (collectively, the “Agreement”), wherein CITY retained CONSULTANT to provide services for construction management for the Citracado Parkway Extension Project, as more specifically described in the Agreement; and WHEREAS, the Parties desire to amend the Agreement to include additional services as described in “Attachment A” to this Fourth Amendment, which is attached hereto and incorporated herein by this reference.
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. The CONSULTANT shall furnish all of the Services described in “Attachment A” to this Fourth Amendment.
2. The CITY will compensate CONSULTANT in an additional amount not to exceed the sum of $389,823, pursuant to the conditions contained in “Attachment A” to this Fourth Amendment. 131
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Resolution No. 2024-45
Exhibit "A"
Fourth Amendment
To Consulting Agreement
- 2 - CAO: 2/16/2023
3. All other terms of the Agreement not referenced in this Fourth Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this Fourth Amendment, this Fourth Amendment shall prevail.
4. This Fourth Amendment and the Agreement, together with any attachments or other documents described or incorporated therein, if any, constitute the entire agreement and understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter.
5. This Fourth Amendment may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. Delivery of an executed signature page of this Fourth Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.
6. Unless a different date is provided in this Fourth Amendment, the effective date of this Fourth Amendment shall be the latest date of execution set forth by the names of the signatories below.
IN WITNESS WHEREOF, this Fourth Amendment is executed by the Parties or their duly authorized representatives as of the Effective Date:
CITY OF ESCONDIDO
Date:
Dane White, Mayor
T.Y. Lin International
Date:
Signature
Name & Title (please print)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY:
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES. 132
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Resolution No. 2024-45
Exhibit "A"
Fourth Amendment
To Consulting Agreement
- 3 - CAO: 2/16/2023
ATTACHMENT “A”
Scope of Work
A. General
T.Y. Lin International, a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with continued consulting services related to the construction of the City’s Citracado Parkway Extension Project (“Project”).
B. Location
Consultant shall provide continued services as required for improvements being constructed within the Project site, including the existing portion from West Valley Parkway to South Andreasen Drive, Escondido. Please see Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference, for the Project site map.
C. Services
1. Consultant shall continue to provide construction management, inspection, environmental, and material and testing services for Project improvements, including but not limited to overall management of construction support team, coordination of utility redesigns and coordination of construction inspection with project work, inspection of all street and bridge improvements, public outreach to affected residents and response to project inquiries, environmental inspections-compliance-oversite and permit extensions, and material testing of all materials placed as part of the project.
2. Services provided pursuant to the Fourth Amendment shall be in accordance with the Consultant’s proposal, which is attached hereto as Exhibit 2 to this Scope of Work and incorporated herein by this reference.
D. Scheduling
Inquires relating to this Fourth Amendment, including scheduling and coordination with City staff, shall be directed to Matt Souttere at 760-214-4718 or [email protected].
E. Contract Price and Payment Terms
The contract price of this Fourth Amendment shall not exceed $389,823. The contract price of this Fourth Amendment includes all labor, materials, equipment, and transportation required to perform the work, and shall bring the cumulative contract price of the Agreement to $4,004,837.51.
Services shall be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.
The service rates as described in Exhibit 2 to this Scope of Work, which is attached hereto and incorporated by this reference, shall remain firm throughout the term of this Fourth Amendment.
F. Term
The term of this Fourth Amendment shall be from the Effective Date of this Fourth Amendment through the date of Notice of Completion for the Project, which shall be filed by the City with the County of San Diego after all Project improvements and closeout documents are accepted by the City Engineer. This is anticipated by December 31, 2024. 133
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Resolution No. 2024-45
Exhibit "A"
Fourth Amendment
To Consulting Agreement
- 4 - CAO: 2/16/2023
EXHIBIT “1”
134
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Resolution No. 2024-45
Exhibit "A"
EXHIBIT
"2"
Prepared for: City of Escondido
CITRACADO PARKWAY EXTENSION PROJECT
STAFFING PLAN, COSTS and FEES
2/26/2024
Finish date July 2024 per estimated revised Schedule (CPM) Estimate to Complete FEB 1, 2023 to End of job
Incl Markup
Incl Ammend #3
Job to date Remaining per
JAN 2023 Invoice Total JAN 2023 Invoice
$1,792,854.62 $2,453,107.77 $256,041.41
$876,297.58 $115,166.75
$802,574.46 ($13,622.08)
$61,844.55 $86,504.45
$52,138.03 $67,992.29
$968,113.24 $1,106,692.56 $147,239.88
$604,459.17 CS $101,387.58
$363,654.07 MT $45,852.30
$229,602.60 $275,015.06 $53,324.30
$30,631.43 $38,545.91 $11,487.72
$56,312.38 $56,312.38 $0.00
$69,407 $69,407 $0
$3,146,921 $3,999,081 $468,093
$5,757
3% Mark-up on Subconsultants
87% 13%
$857,917 Total Fee to Complete Incl Ammend #3 $3,615,015 Current Budget $468,093 Amount remaining $468,093 Amount remaining
$389,823 Additional amount required
NAME
POSITION
Construction Post act ivities
2023 2024 Fee Estimate
Dec Jan Feb Mar Apr May Jun July Aug Labor Rates 2024 ODCs Total Subtotal per Firm 160 168 160 168 176 176 160 176 176 2023 2024 Hours $ $ Hours $ % T.Y. LIN INTERNATIONAL T.Y. LIN INTERNATIONAL
JOSEPH SMITH, PE PROJECT MANAGER/RESIDENT ENGINEER $660,253 77.5% BRIAN ROCHELLE, PE DEP RE/STRUCTURE REP/FIELD ENGINEER 160 168 176 176 160 176 160 $197.36 $203.28 1176 $239,056 $45,000 1176 $284,056 33.33% Earthspectives ODCs JOHN WILLIAMSON, PE BRIDGE INSPECTOR/FIELD ENGINEER 160 168 176 80 $197.36 $203.28 584 $118,715 584 $118,715 13.93% ADRIANNA CARO SOUNDWALL INSPECTOR 160 168 176 176 160 120 $163.20 $168.10 960 $161,376 960 $161,376 18.94% WADE DURANT, PE SCHEDULE REVIEWS/CCOs/CLAIMS 100 50 100 80 60 20 $227.58 $234.41 410 $96,106 410 $96,106 11.28% Kleinfelder Kleinfelder
DERICK LONDON ASSISTANT RESIDENT ENGINEER/RDWY INSPECTOR 120 $180.21 $185.62 120 $22,274 $10,000 120 $32,274 3.79% $138,579 16.3% ANNA FINLAY PUBLIC RELATIONS MANAGER 8 8 8 $119.04 $122.61 24 $2,943 $1,200 24 $4,143 0.49% KRISTA GOODMAN PUBLIC RELATIONS COORDINATOR $57.74 $59.47 0 $0 0 $0 0.00% JAMAL HANNA ELECTRICAL/SIGNAL INSPECTOR 20 8 8 40 40 $184.61 $190.15 116 $22,057 $750 116 $22,807 2.68% MATERIAL TESTING/REPORTS 80 80 80 60 40 20 $135.06 $139.12 360 $50,082 $20,000 360 $70,082 8.22% MATERIALS PM/ENGINEER 6 6 6 6 6 10 $225.11 $231.86 40 $9,274 40 $9,274 1.09% Helix Helix
KARL OSMUNDSON ENVIRONMENTAL COMPLIANCE COORDINATOR 8 40 4 4 4 4 $247.61 $255.04 64 $16,323 64 $16,323 1.92% $45,412 5.3% DANE VAN TAMELEN SENIOR PERMITTED WILDLIFE BIOLOGIST 16 16 8 8 8 8 $123.60 $127.31 64 $8,148 64 $8,148 0.96% ALEXANDER WALSH ASSISTANT BIOLOGIST MONITOR 40 40 20 20 20 48 $108.15 $111.39 188 $20,942 188 $20,942 2.46% ERICA HARRIS SENIOR SCIENTIST $169.95 $175.05 0 $0 0 $0 0.00% SEAN BOHAC GIS $144.20 $148.53 0 $0 0 $0 0.00%
MARY ROBBINS WADE CULTURAL RESOURCES PRINCIPAL INVESTIGATOR $174.45 $179.68 0 $0 0 $0 0.00%
SAFEWORK (DBE) SAFEWORK (DBE)
KATHY KEATING LABOR COMPLIANCE 8 8 8 8 8 8 $160.08 $164.89 48 $7,914 48 $7,914 0.93% $7,914 0.9% LABOR COMPLIANCE 0 $0 0 $0 0.00%
N.W. PAPAC CONSULTING N.W. PAPAC CONSULTING WAYNE PAPAC Utility Coordinator/Inspector $152.85 $157.44 0 $0 0 $0 0.00% $0 0.0% Supplimental Work 0 $0 0 $0
4154 $775,209.41 $76,950.00 4154 $852,159 100% Totals 100%
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STAFF REPORT
April 17, 2024
File Number 0810-20
SUBJECT
PL24-0017 – Zone Text Amendments to Article 40 and Associated Articles in Chapter 33 (Zoning Code)
DEPARTMENT
Planning Division, Development Services Department
RECOMMENDATION
Request that the City Council conduct a public hearing on the proposed Zone Text Amendment and take action on the recommendation of City staff and the Planning Commission, which recommend the City Council:
Introduce Ordinance No. 2024 -05, approving a Zone Text Amendment to amend Articles 40 (Historical Resources), 61 (Administration and Enforcement), 64 (Design Review), and 65 (Old Escondido Neighborhood) of the Escondido Zoning Code to address the dissolution of the Historic Preservation Commission.
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Interim Director of Development Services)
Presenter: Ivan Flores, AICP, Senior Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Encourage Housing Development
FISCAL ANALYSIS
There will no fiscal impacts to the City of Escondido as a result of this amendment.
PREVIOUS ACTION
On February 21, 2024, City Council adopted Ordinance No. 2024 -03 dissolving the Historic Preservation Commission.
PROJECT DESCRIPTION
City staff request approval of a Zone Text Amendment to amend Article 40 (Historical Resources) of the Escondido Zoning C ode to delegate historic preservation responsibilities to the Planning Commission 136
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and/or City staff. The Zone Text Amendment also includes minor text updates to Article 61 (Administration and Enforcement), Article 64 (Design Review), and Article 65 (Old Es condido Neighborhood) for consistency purposes associated with the Article 40 changes (“Project”). Such text updates include but are not limited to : permit the Zoning Administrator to list and remove properties on the Local Register of Historical Places; permit the Planning Commission to conduct design review on specific projects, and ; clarifying the appeal process for staff approvals of projects, respectively.
A detailed Project description can be found in the March 26, 2024, Planning Commission staff report (see Attachment “1”).
BACKGROUND
On August 19, 2020, the City Council formed a Boards and Commission subcommittee (“Subcommittee”) to evaluate the function of various City boards and commissions. The purpose of the Subcommittee was to provide recommendations to the full City Council on how to improve efficiencies such as adopting uniform by-laws, 2-year terms, and a yearly meeting between commissioners and City Council members.
On April 12, 2022, Development Services staff presented the concept of dissolving the Historic Preservation Commission ( “HPC”) to the Subcommittee. The primary reason for such request entailed challenges in recruiting qualified candidates that met the requirements for a Certified Local Government (“CLG”), and also making quorum for meetings where an action needed to be made on project s.
Throughout 2023, the Subcommittee continued observing the HPC and ultimately decided to recommend dissolution to the full City Council in order to align with the newly adopted Comprehensive Economic Development Study ( “CEDS”). On February 21, 2024, City Council adopted Ordinance No. 2024 -03 and dissolved the HPC (see Attachment “2” for City Council staff report).
ANALYSIS
The request includes a Zone Text Amendment to amend several Articles of Chapter 33 (Escondido Zoning Code) of the Escondido Municipal Code. As discussed above, and in the Planning Commission Staff Report dated March 26, 2024, the text amendment would delegate historic preservation responsibilities to the Planning Commission, City Council, Zoning Administrator, and/or City staff. The Project does not discontinue any historic preservation programs that are maintained by the City or those identified in the City’s 2012 General Plan. City staff will continue to implement the existing programs including, but not limited to, Certificates of Appropriateness for external modifications , and Mills Act Contracts. The Zone Text Amendment also includes amendments to Article 61 (Administration and Enforcement), Article 64 (Design Review), and Article 65 (Old Escondido Neighborhood) for consistency purposes . These text amendments are necessary to address the dissolution of the HPC; however, they are not substantive in nature, and consist of cleanups, clarification of processes, and empowering the Planning Commission/City staff to conduct design review on specific properties.
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A complete analysis of the various text amendments before the City Council may be found in the attached Planning Commission staff report (Attachment “1”).
PLANNING COMMISSION ACTION
The Planning Commission considered the Project at its March 26, 2024 meeting, and the staff report is included as Attachment “1”. The Planning Commission voted 7 – 0 recommending approval of the Project to the City Council. The Planning Commission does not have any significant concerns with the proposed text amendments, and held minimal discussion on the substantive changes.
ENVIRONMENTAL REVIEW
The Project qualifies for an exemption under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061 (b) (“Common Sense Exemption”) and Section 33-922 (c)(1) of the Article 47 (Environmental Quality) of the Escondido Zoning Code as it can be seen with certainty that the proposed action consisting if minor municipal code amendments will not have a significant effect on the environment. Approval of the Project includes adoption of the Notice of Exemption for the Project (see Attachment “3”). City staff will file a Notice of Exemption with the County Clerk of San Diego.
CONCLUSION AND RECOMMENDATION
The proposed amendments to the Escondido Zoning Code would streamline the review of historic resources, and bring Article 40 in alignment with the CEDS while also maintaining protections for historic resources. Furthermore, the amendments would ensure consistency with other articles of the Escondido Zoning Code. Approval of the Project aligns with the City Council’s priority related to encouraging housing development through the streamlining of reviews for properties that contain historic resources.
Based on the analysis contained in this staff report, in addition to the March 26 , 202 4, Planning Commission report, staff recommends that the City Council introduce Ordinance No. 2024-05 and approve the Project.
ORDINANCES
a. Ordinance No. 2024-05
b. Ordinance No. 2025-05 with Exhibit “A” PL24-0017 Factors to be Considered/Findings of Fact c. Ordinance No. 2025-05 with Exhibit “B” Zone Text Amendment
ATTACHMENTS
a. Attachment “1” Planning Commission staff report dated March 26, 2024 b. Attachment “2” City Council staff report dated February 21, 2024 c. Attachment “3” Notice of Exemption
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ORDINANCE NO. 2024-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING A ZONE TEXT
AMENDMENT TO AMEND SEVERAL ARTICLES OF THE
ESCONDIDO ZONING CODE
The City Council of the City of Escondido, California does ordain as follows:
SECTION 1. The City Council makes the following findings:
a) On February 21, 2024, the City Council adopted Ordinance No. 2024 -03 dissolving the Historic Preservation Commission to bring the Escondido Zoning Code in to alignment with the recently adopted Comprehensive Economic Development Study.
b) The Planning Division of the Development Services Department identified the changes that are necessary to address the dissolution of the Historic Preservation Commission, and processed a Zone Text Amendment (Planning Case No. PL24 -0017) to amend Article 40 (Historical Resources), Article 61 (Administration and Enforcement), Article 64 (Design Review), and Article 65 (Old Escondido Neighborhood) of Chapter 33 (Escondido Zoning Code) of the Escondido Municipal Code. c) The intent and purpose of the Zone Text Amendment is to amend the Escondido Zoning Code to reassign historic preservation responsibilities to the Planning Commission, City Council, Zoning Administrator, and/or City staff.
d) The Planning Division of the Development Services Department completed its review , and scheduled and held a public hearing regarding the Zone Text Amendment before the Planning Commission on March 26, 2024. Following the public hearing on March 26, 2024, the Plan ning Commission adopted Resolution 139
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No. 2024-05, which recommended that the City Council approve the Zone Text Amendment and amend the Escondido Zoning Code.
SECTION 2. Proper notices of a public hearing have been given and public hearings have been held before the Planning Commission and City Council on this issue.
SECTION 3. The City Council did on April 17, 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 written and graphical information, and other material; b. Oral testimony from City staff, interested parties, and the public; c. The staff report, dated April 17, 2024, 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.
SECTION 4. Upon consideration of the Findings of Fact, attached as Exhibit “A” and incorporated herein by this reference as though fully set forth, the April 17, 2024 , City Council staff report, and the Planning Commission recommendation, based on the totality of the record and evidence described and referenced in this Ordinance, t he City Council approves the amendment t o the Escondido Zoning Code incorporated herein as though fully set forth herein.
SECTION 5. ENVIRONMENTAL REVIEW. The Project is exempt from enviromental review pursuant to California Enviromental Quality Act (C EQA) Guidelines section 15061(b) (Common Sense Exemption), and Article 47 (Enviromental Quality) of Ch apter 33 of the Escondido Municipal Code as it can be seen with certainty that the proposed action consisting of minor municipal code amendments will not have a 140
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significant effect on the environment. A Notice of Exemption will be filed with the County of San Diego per CEQA Guidelines Section 15062.
SECTION 6. The City Council hereby approves the amendment to the Escondido Zoning Code as shown on Exhibit “B” hereto and incorporated herein by this reference as though fully set forth herein.
SECTION 7. SEVERABILITY. If any section, subsection sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any cou rt 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. As of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 9. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
SECTION 10. The City Clerk is hereby directed to update the Escondido Zoning Code to reflect the amendment approved by this Ordinance as shown in Exhibit “B”.
SECTION 11. This Ordinance shall become effective 30 days from the date of passage.
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EXHIBIT “A”
PLANNING CASE NO. PL24-0017
FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Environmental Determinations:
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 15061(b) (“Common Sense Exemption”) and Section 33 -922(c)(1) of Article 47 (Environmental Quality) of the Escondido Zoning Code as it can be seen wi th certainty that the proposed action consisting of minor municipal code amendments will not have a significant effect on the environment. The Project entails changes to the Escondido Zoning Ordinance that would delegate the Historic Preservation Commission’s responsibilities and duties to other existing decision -making bodies, such as the Planning Commission, Zoning Administrator, City Council, and Director of Development Services. No programming or process intended to preserve a historic resource(s) within the City would be removed and all such programming and processes would be maintained, with the exception of the City’s CLG status. The Project would ensure continued consistency with the City’s General Plan Resource Conservation Element policies directed at historic resources, including Cultural Resources Policy 5.2 , as it would continue the maintenance of, and allow for the development of appropriate ordinances and programs that work to protect, enhance, and perpetuate resources.
The Project also does not 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 April 17, 2024, City Council staff report, the Planning Commission staff report dated March 26, 2024, 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.
4. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines section 15091(e), all doucments and other materials which constitute the record of proceedings are located at the City of Escondido Civic Center. The City Clerk, whose office is located at 201 North Broadway, Escondido, CA 142
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92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedi ngs upon which the City Council’s deci sion is based, which do cuments and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.
Zone Text Amendment Determinations (Escondido Zoning Code Section 33-1263)
With respect to Planning Case No. PL24-0017 (Zone Text Amendment), the City Council finds the following:
1. That the public health, safety and welfare will not be adversely affected by the proposed change;
The proposed Zone Text Amendment addresses the dissolution of the Historic Preservation Commission, and assigns historic preservation responsibilities to the Planning Commission, City Council, Zoning Administrator, and/or City staff. The proposed Zone Text Amendment is consistent with the objectives, policies, and programs within the City’s 2012 General Plan, including consisten cy with Land Use Zoning Policy 2.1, and Cultural Resources Policies 5.2 and 5.8 in that the proposed Zone Text Amendment streamlines the development process for properties with historic r esources while continuing to protect historic resources as discussed in the Resource Conservation element. Furthermore, the dissolution of the Historic Preservation Commission aligns land development reviews with the City’s newly adopted Comprehensive Econ omic Development St rategy (CEDS). By transferring historic preservation responsibilities to the Planning Commission, Zoning Administrator and staff, City staff anticipate a more expeditious approval process. This also aligns with the City Council priority to Encourage Housing Development. Therefore, the public health, safety and welfare will not be adversely impacted by the proposed changes.
2. That the property involved is suitable for the uses permitted by the proposed zone;
The proposed Zone Text Amendment does not expand or permit additional uses other than what is already permitted on properties with historic resources. The Zone Text Amendment streamlines and assigns historic preservation responsibilities to Planning Commission , Zoning Administrator, and/or City staff; furthermore, the amendment includes minor text updates to other articles for consistency purposes.
3. That the uses permitted by the proposed zone would not be detrimental to surrounding properties
The proposed Zo ne Text Amendment does not include the addition of uses that are already permitted under the zoning code.
4. That the proposed change is consistent with the adopted general plan;
As discussed in the Planning Commission staff report dated March 26, 2024, t he proposed Zone Text Amendment would be consistent with the City’s 2012 General Plan. The amendment does not impact the existing historic preservation program administered by the City, and the City will continue to maintain the City’s Local Register of Historical Places in conformance with General Plan policies. The amendment would continue to protect, rehabilitate, preserve, and maintain historical resources in the City while also aligning the zoning code with the City Council’s adopted Comprehensive Economic Development Strategy (CEDS). 143
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5. That the proposed change of zone does not establish a residential density below 70% of the maximum permitted density of any lot or parcel of land previously zoned R -3, R-4, or R-5 unless the exceptions regarding dwelling unit density can be made pursuant to the provisions set forth in Article 6;
The proposed Zone Text Amendment does not include change of zones that would establish a residential density below 70% of the maximum permitted density of any lot or parcel of la nd previously zoned R-3, R-4, or R -5 in that the amendment does not involve any change of zone. The proposed Zone Text Amendment does not expand or permit additional uses other than what is already permitted on properties with historic resources. The Zone Text Amendment streamlines, and assign s historic preservation responsibilities to Planning Commission, Zoning Administrator, and/or City staff; furthermore, the amendment includes minor text updates to other articles for consistency purposes.
6. That the relation of the proposed change is applicable to specific plans.
The proposed Zone Text Amendment would only be applicable to the Downtown Specific Plan (DSP) and the South Centre City Specific Plan (SCC SP) as those are the only specific plans that contain l anguage regarding Certificates of Appropriateness. The review processes established by the specific plans supersede the requirements of the Escondido Zoning Code; however, those processes would continue to be consistent with the newly established processes through the proposed Zone Text Amendment.
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Exhibit “B”
Zone Text Amendment
Article 40 (Historical Resources) of Chapter 33 (Escondido Zoning Code) of the Escondido Municipal Code is hereby repealed in its entirety and replaced as follows:
Article 40 HISTORICAL RESOURCES
§ 33-790 Purpose and definitions.
(a) Purpose. It is the purpose and intent of this article to:
(1) Protect, enhance and perpetuate historical resources, sites, and districts that represent or reflect elements of the city's cultural, social, economic, political, and architectural history for the public health, safety, and welfare of the people of the city;
(2) Safeguard the city's historical heritage as embodied and reflected in its historical resources, sites, and historical districts;
(3) Stabilize and improve property values;
(4) Foster civic pride in the character and accomplishments of the past;
(5) Strengthen the city's economy by protecting and enhancing the city's attractions to residents, tourists, and visitors and serve as a support and stimulus to business and industry;
(6) Enhance the visual character of the city by encouraging the preservation of unique and established architectural traditions;
(7) Promote the use of historical landmarks and districts for the education, pleasure, and welfare of the people of the city;
(8) Permit historical and archaeological sites to be identified, documented, and recorded by written and photographic means and allow an opportunity for preservation of historical and archaeological sites.
(b) Definitions. Whenever the following terms are used in this article, they shall have the meaning established by this section.
"Alteration" means any exterior change or modification through public or private action of any historical property or resource on the Escondido Historic Sites Survey, local register or located within an historical district, affecting the exterior visual qualities of the property or resource excluding routine maintenance (masonry tuckpointing, cleaning), temporary fixtures (awnings and canopies, signs and plaques, light fixtures, portable spas, steps, and landscape accessories) and maintenance and removal of plantings and nonmature trees. Alteration also includes removal of historical resources such as mature trees and other landscape features identified on the Escondido Historic Sites Survey as well as disturbances of archaeological sites.
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"Archaeological site" means an area where remains of man or his and her activities prior to keeping of history are still evident.
"California Register of Historical Resources/California Register" means a state authoritative and comprehensive listing and guide to California's significant historical resources. The California Register is used by state and local agencies, private groups and citizens to identify, evaluate, register and protect California's historical resources. The California Register is administered by the State Historic Resources Commission, and the Office of Historic Preservation.
"Catastrophic event" means an event, such as fire, earthquake or flooding, that is beyond the property owner's ability to control and renders historical resources hazardous. Catastrophic event shall not include improper/insufficient owner maintenance or corrections that can be accomplished through reasonable measures.
"Certificate of Appropriateness" means a certificate issued by the Director of Development Services approving alteration, restoration, construction, removal, relocation in whole or in part, consistent with the Secretary of Interior Standards, of or to a property on the local register or to an improvement within an historical district.
“Certificate of Appropriateness (Major)” means a major project that undergoes design review by Planning Commission or city staff, prior to issuance of the Certificate of Appropriateness.
“Certificate of Appropriateness (Minor)” means a minor project that undergoes planning administrative review, prior to issuance of the Certificate of Appropriateness.
"Demolition" means any act that destroys in whole or in part an historical resource on the local register or an improvement within an historical district.
"Design Guidelines for Historic Resources" means the guideline/manual adopted by City Council Ordinance 91-57 and any subsequent amendments, applicable to any historical resource or any property within an historical district, intended for property owners, design professionals, and city boards and commissions as a design resource, regulatory tool and policy guide.
“Escondido Historic Sites Survey”. See Survey.
"Façade" means the exterior face of a building that is the architectural front, sometimes distinguished from other faces by elaboration of architectural or ornamental details.
"Fixture" means a decorative or functional device permanently affixed to a site or the exterior of a structure and contributing to its ability to meet historical designation criteria. Permanently affixed shall include, but not be limited to, attachment by screws, bolts, pegs, nails or glue, and may include such attachment methods as rope, glass or leather if such material is integral to the design of the device.
Fixtures include, but are not limited to, lighting devices, murals, moldings, leaded glass or other decorative windows and decorative hardware.
"Historical resources" means and includes, but is not limited to, any object, building, structure, site, area, place, sign, outdoor work of public art, landscape feature, record, or manuscript which is 146
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historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of Escondido and listed on the Escondido Historic Sites Survey.
"Historical district" means any area that contains a number of structures or landscape features having a similar character of historic, archaeological, cultural, architectural, community or aesthetic value as part of the heritage of the city, region, state, or nation, and that has been designated pursuant to this article.
"Historic Register Incentives Program" means a program adopted by city council resolution of various incentives intended to encourage and facilitate the preservation, maintenance and appropriate rehabilitation of significant historical resources. The availability of incentives may vary from time to time.
"Historic sign" means a sign that possesses historical, cultural, architectural, or community interest or value associated with the development, heritage or history of the city and that is listed on the Escondido Historic Sites Survey or designated on the local register of historic places.
"Historical site" means any parcel or portion of real property that has special character related to its special historical, cultural, or archaeological feature.
"Historic street markings list" means the list adopted by City Council Ordinance 88-57, and any subsequent amendments, identifying the location and name of the historical markings.
"Improvement" means any place, building, structure, landscape feature or object constituting a physical addition to real property or a structure on real property, or any part of such addition or façade excluding routine maintenance such as masonry tuckpointing, cleaning, awnings, signs, plaques, light fixtures, steps, spas, plantings, nonmature tree and landscaping accessories.
"Landscape feature" means any tree or plant life that has been placed, planted or manipulated by man for cultural purposes.
"Local historical landmark" means any historical resource that has been registered as a local historical landmark pursuant to this article because of its outstanding historic, cultural, architectural, archaeological, or community interest or value as part of the development, the heritage or history of the city.
"Local register of historical places" means a local list established by the city council of districts, sites, buildings, uses, landscape features, signs, structures and objects of local, state or national importance that are significant and warrant protection because of their historic, architectural, archaeological, or cultural values. The local register includes local historical landmarks and districts.
"Mature tree" means as defined in Escondido Zoning Code Article 55, Grading and Erosion Control.
"National Register of Historic Places" means a national list of districts, sites, buildings, structures and objects of local, state or national importance that are significant for their historical, architectural, archaeological or cultural values. Properties less than 50 years old ordinarily are not eligible for the Register unless they are of exceptional importance. The Register is administered by the Keeper of the 147
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Register, U.S. Department of the Interior, and is the nation's official list of cultural resources worthy of preservation.
"Owner" means the person appearing on the last equalized assessment roll of the County of San Diego.
"Person" means any individual, association, partnership, firm, corporation, public agency or political subdivision.
“Planning Commission” means the planning commission of the City of Escondido as established by Chapter 20 of the Escondido Municipal Code.
"Secretary of the Interior's Standards" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 1995 Edition, or such later edition as adopted by the city council.
"Street markings" means any street name or stamp in concrete or curbs that denotes the original name of the street or contractor. This definition also includes any historical feature such as horse rings or lamp posts as identified in the Escondido Historic Survey, and all items identified in the historic street markings list.
"Survey" means the Escondido Historic Sites Survey consisting of an historical resources inventory compiled and maintained by the Zoning Administrator that documents structures, uses, sites, and artifacts that are related to the area's history including all areas within the corporate limits. Resources on the list must be 50 years or older unless the Zoning Administrator deems a younger, exceptional resource worthy of documentation. The inventory was originally completed in March 1984 and is updated as needed. The survey may also include an inventory of archaeological resources. Certain records of archaeological resources may not be subject to public review in the interest of protecting these resources from tampering. Resources listed in the survey are eligible for nomination to the Escondido local register of historical places.
“Zoning Administrator” means the Director of Development Services (Director), or designee, as provided for in Title 7, Chapter 4, Article III (section 65901) of the Government Code.
§ 33-792 Establishment of a local register of historical places. (a) Purpose. The purpose of the local register is to provide a means to preserve, protect and enhance the most significant historical resources within the community, including structures, sites, buildings, uses, and landscape features.
(b) Eligibility. Resources listed on the Escondido Historic Sites Survey are eligible for nomination to the Escondido local register of historical places.
(c) Identification. Local register resources may be identified on-site with an exterior marker displaying pertinent information about the resource. A record of resources on the local register will be kept at the planning division and at the regional information center of the office of historic preservation or other agencies as required.
§ 33-793 Designation of a local historical landmark.
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(a) Purpose. The purpose of designating historical landmarks is to provide distinctive recognition of structures, sites, buildings, uses, and landscape features that have outstanding character or historical, archaeological or aesthetic interest or importance as part of the development, heritage, or cultural characteristics of the city.
(b) Eligibility. Resources listed on the local register are eligible for local historical landmark nomination.
(c) Identification. Landmark resources would be identified on-site with an exterior marker displaying pertinent information about the landmark. A record of the landmark resource would also be kept at the planning division and at the regional information center of the office of historic preservation or other agencies as required.
§ 33-794 Procedure and criteria for local register listing or local landmark designation. (a) Initiation. Any person may nominate a historical resource to the local register or landmark designation. The application shall be made to the planning division on forms provided by the city.
Requests for local landmark designation shall include a letter signed by the property owner consenting to the initiation.
(b) Review process.
(1) Upon receipt of an application for local register listing or local landmark designation, the planning division shall notify the property owner and building division of the pending request. No building or demolition permits shall be issued for any alteration to any improvement, fixture, or façade located on a site subject to a request for local register listing or local landmark designation while the matter is pending final decision.
(2) Requests for local register listing or local landmark designation of resources owned by the City of Escondido shall be brought to the city council prior to the Zoning Administrator’s decision to list or designate such resource.
(3) The Zoning Administrator shall hold a public meeting. In their review of the request for local register listing or local landmark designation, the Zoning Administrator shall consider the criteria listed in this section.
(c) Criteria. Prior to granting a resource local register or historical landmark status, the Zoning Administrator shall consider the definitions for historical resources and historical districts and shall find that the resource conforms to one or more of the criteria listed in this section. A structural resource proposed for the local register shall be evaluated against criteria number one through seven and must meet at least two of the criteria. Signs proposed for the local register shall meet at least one of the criteria numbered eight through 10. Landscape features proposed for the local register shall meet criterion number 11. Archaeological resources shall meet criterion number 12. Local register resources proposed for local landmark designation shall be evaluated against criterion number 13. The criteria are as follows:
(1) Escondido historical resources that are strongly identified with a person or persons who significantly contributed to the culture, history, prehistory, or development of the City of Escondido, region, state or nation;
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(2) Escondido building or buildings that embody distinguishing characteristics of an architectural type, specimen, or are representative of a recognized architect's work and are not substantially altered;
(3) Escondido historical resources that are connected with a business or use that was once common but is now rare;
(4) Escondido historical resources that are the sites of significant historic events;
(5) Escondido historical resources that are 50 years old or have achieved historical significance within the past 50 years;
(6) Escondido historical resources that are an important key focal point in the visual quality or character of a neighborhood, street, area or district;
(7) Escondido historical building that is one of the few remaining examples in the city possessing distinguishing characteristics of an architectural type;
(8) Sign that is exemplary of technology, craftsmanship or design of the period when it was constructed, uses historical sign materials and is not significantly altered;
(9) Sign that is integrated into the architecture of the building, such as the sign pylons on buildings constructed in the Modem style and later styles;
(10) Sign that demonstrates extraordinary aesthetic quality, creativity, or innovation;
(11) Escondido landscape feature that is associated with an event or person of historical significance to the community or warrants special recognition due to size, condition, uniqueness or aesthetic qualities;
(12) Escondido archaeological site that has yielded, or may be likely to yield, information important in prehistory;
(13) Escondido significant historical resource that has an outstanding rating of the criteria used to evaluate local register requests.
§ 33-795 Procedure and criteria for rescinding local register or landmark status. (a) Submittal. Any person may submit a written request to the planning division to remove his or her resource from the local register or to rescind a local landmark designation. The application shall be made on forms provided by the city.
(b) Review. The Zoning Administrator shall hold a public meeting. In their review of the request to remove a local register or landmark designation, the Zoning Administrator shall consider the criteria listed in this section. Upon rescission, any associated Historic Property Preservation Agreement (Mills Act agreement) will be cancelled.
(c) Criteria. The criteria listed in this section shall be used to determine whether to remove a resource from the local register or to rescind its local landmark designation.
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(1) New documentation has been presented disproving the property’s association with a significant person, event, or pattern of history or any other information upon which the resource was placed on the local register or given landmark status;
(2) Evidence has been presented that the property no longer retains its integrity, meaning that modifications and alterations to the resource have affected its location, design, setting, materials, workmanship, feeling or association that warranted its placement on the local register or its designation as a local landmark.
§ 33-796 Historical districts.
(a) Purpose. The purpose of designating historical districts is to provide recognition to an area or site that has several individual structures and improvements that contribute to a special aesthetic, cultural, architectural or engineering interest or value of an historical or archaeological nature.
(b) Eligibility. Any geographically definable area possessing a significant concentration or continuity of sites, buildings, structures, or objects unified by past events, or aesthetically by plan or physical development is eligible for historical district designation.
(c) Zoning applicability. A historical district designation may be combined with any zoning district provided for in this title as an overlay to be shown on the zoning map. Development within an historical district overlay shall be subject to historical preservation provisions as set forth in this article, as well as to the regulations of the underlying zone. Where conflict occurs, the regulations set forth in this article shall apply.
(d) Identification. Markers displaying pertinent information about the district may be placed at various vehicular and pedestrian gateways into the historical district. The boundaries of an historical district may be shown on a zoning map as an overlay zone. A record of historical districts would be kept at the planning division and at the regional information center of the office of historic preservation or other agencies as required.
§ 33-797 Procedure and findings for designating an historical district. (a) Submittal. Any person may request the Planning Commission to designate a historical district. The request for designation shall be filed with the planning division on forms provided by the City.
(b) Review process.
(1) Initiation process. Upon receipt of a recommendation from the Planning Commission, the City Council shall determine whether or not to initiate the designation process.
(2) Designation process. Upon city council initiation:
(A) A minimum of one public neighborhood meeting shall be held during the designation process.
(B) Following the appropriate neighborhood meetings and the completion of research for the district, the Planning Commission shall hold a duly noticed public hearing and shall forward its recommendation to the city council, who shall hold a duly noticed public hearing on the matter. Should the Planning Commission recommend that the area be designated a historical district; the report shall contain the following information:
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(i) A map showing the proposed boundaries of the historical district and identifying all structures within the boundaries, contributing or noncontributing;
(ii) An explanation of the significance of the proposed district and description of the historical resources within the proposed boundaries;
(iii) Statements showing how the proposed historical district meets the findings set forth in this section.
(C) In their review of the request to designate a historical district, the Planning Commission and the city council shall consider the criteria listed in this section.
(c) Criteria. The city council may designate an area as an historical district if it finds that the proposed historical district meets all of the following criteria:
(1) The proposed historical district is a geographically definable area possessing a significant concentration or continuity of sites, buildings, structures, or objects unified by past events, or aesthetically by plan or physical development;
(2) The collective historical value of the proposed historical district may be is greater than that of each individual resource;
(3) The proposed designation is in conformance with the purpose of the city's historic preservation provisions set forth in this article and the city's general plan.
(d) Notification of action. No later than five working days after city council action, the city council's decision shall be filed with the city clerk. A notice thereof shall be mailed to the applicant at the address shown on the application and to the owners of properties located within the proposed historical district.
§ 33-798 Permits and permit procedures.
(a) It is unlawful for any person to tear down, demolish, construct, alter, remove or relocate any historical resource or any portion thereof that has been listed on the Escondido Historic Sites Survey, local register, designated a local landmark, or located within an historical overlay district or to alter in any manner any feature of such designated resource without first obtaining a permit in the manner provided in this article. All repairs, alterations, constructions, restorations or changes in use of applicable historical resources shall conform to the requirements of the State Historical Building Code and the Secretary of the Interior's Standards for Rehabilitation.
(b) Unless otherwise exempted in this article, a Certificate of Appropriateness is required for any new construction, and/or alteration that would affect the exterior appearance of an historical resource listed on the local register, or located within a historical overlay district, including back and sides, as well as street façade, even when a building permit is not otherwise required. Other permits, and/or review by the Planning Commission, may be required as prescribed in this article.
(c) Exemptions. A Certificate of Appropriateness is not required for routine maintenance (masonry tuck- pointing, and cleaning), installation of temporary fixtures (awnings and canopies, signs and plaques, light fixtures, portable spas, steps, and landscape accessories) and maintenance and removal of plantings and nonmature trees, nor does this article prevent the construction, reconstruction, alteration, restoration, 152
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demolition or removal of any improvement when the city has been satisfied that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the State Historical Building Code.
(d) Submittal requirements for Certificate of Appropriateness. An application for a Certificate of Appropriateness shall be filed with the planning division on a form provided by the city.
(e) Review processes. Following the planning division's receipt of a complete application, the director shall determine the appropriate review process as follows:
(1) Minor projects. Minor projects shall be subject to planning division staff administrative review. Minor projects include:
(A) Placement or removal of exterior objects and restoration and exterior changes to materials (siding, brick, stucco, metal, etc.) and structures including porches (columns, cornices), roofs (covering, change in shape), any painting of exterior surfaces, satellite dishes, solar collectors, freestanding walls, fences and retaining walls, any modifications to historical signs, restoration and exterior changes to architectural details and decorative elements (fish scale, shingles, dentils, shutters), porches (trim, railing, ornamentation), exterior staircases, exterior doors, windows, skylights, mechanical systems (window units, exhaust fans, vents), storm windows and doors, security grilles, and fire escapes.
(B) Improvements and alterations to properties listed on the Escondido Historic Sites Survey outside a historical overlay district shall be subject to staff administrative review to ensure said improvements do not affect the properties’ integrity such that they will maintain eligibility to be placed on the local register.
(2) Major projects. Major projects shall be subject to design review by the Director of Development Services, or their designee, unless otherwise noted below. Major projects include all new construction (primary structure, out-buildings), additions (including porch enclosures, dormers, etc.), removal, relocation, changes to the site (grading, parking lots, paving), public right-of-way improvements (curb and gutter, sidewalks, street paving, driveways, curb cuts, stamped sidewalk), new freestanding signs, street furniture, and any project requiring a plot plan review.
(A) Major projects for properties located within a historical overlay district, and on the local register are subject to design review by the Planning Commission.
(B) Notwithstanding subsection (A) above, major projects for all other properties within a historical overlay district shall be subject to staff design review prior to a decision by the Director of Development Services, unless it is determined by the Director that the proposed project does not conform to the design guidelines for historic resources and therefore requires design review by the Planning Commission.
(C) Major projects for properties outside a historical overlay district but identified on the local register shall be subject to staff design review prior to a decision by the Director of Development Services, unless it is determined by the Director that the proposed project does not conform to the design guidelines for historic resources and therefore requires design review by the Planning Commission.
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(D) Major projects for properties listed on the Escondido Historic Sites Survey but outside a historic overlay district and not on the local register shall be subject to staff administrative review to ensure said improvements do not affect a property’s integrity such that they would be ineligible for inclusion on the local register at a future time.
(3) Discretionary projects requiring a public hearing. Discretionary projects requiring a public hearing shall be acted on by the ultimate decision-maker of the discretionary application.
(f) Notification of action. The determination by planning division staff shall be documented by the issuance of a Certificate of Appropriateness that outlines the approved work, or a written statement giving the reasons for disapproval.
(g) Appeal. The Director's decision may be appealed to the Planning Commission. Appeals shall be filed within 10 days of notification of action and noticed in accordance with section 33-1303 of this title.
(h) Findings. A Certificate of Appropriateness may be issued if planning division staff, Planning Commission, or the City Council makes the following findings:
(1) All of the following:
(A) The proposed alteration or improvement is consistent with the design guidelines for historic resources,
(B) The action proposed is consistent with the purposes of historical preservation as set forth in this article and with the general plan,
(C) The action proposed retains the historical and/or architectural value and significance of the landmark, historical building, or historical district,
(D) The action proposed retains the texture and material of the building and structure in question or its appurtenant fixtures, including signs, fences, parking, site plan, landscaping and the relationship of such features to similar features of other buildings within a historical district,
(E) The proposed project is compatible in its location of buildings and structures with the location of the street or public way and the location and arrangement of other buildings and structures in the neighborhood,
(F) If located within a historical district, the proposed project conforms to the design guidelines established for the district; or
(2) The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property.
§ 33-799 Incentives for preserving historical resources. (a) Historic register incentives program. To support the preservation, maintenance and appropriate rehabilitation of historical resources and thus carry out the purposes of this article, the Director of Development Services may develop and recommend incentives for city council adoption. The type and 154
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availability of incentives vary from time to time.
(b) Eligible resources. Resources listed on the local register of historical places, including local historical landmarks and properties located within an historical district, may be eligible for incentives.
(c) Submittal requirement. Requests for an incentive shall be filed in writing with the planning division.
The request shall include the consent of the owner of the historical resource and information needed to determine whether the resource qualifies for the requested incentive.
(d) Repayment required. Monies granted as an incentive to preserve an historical resource pursuant to this article shall be repaid to the city following the Zoning Administrator’s approval to remove the historical designation of said historical resource or the City Council’s approval of its demolition.
(e) Authority. City Manager and/or their designee has authority to execute agreements and/or contracts necessary for the historic register incentive programs.
§ 33-800 Duty to keep in good repair.
(a) Maintenance regulations. The owner, lessee, or other person legally in possession of an historical resource on the local register or on the survey within an historical district shall comply with all applicable codes, laws and regulations governing the maintenance of property and shall secure the property against trespassers. Additionally, it is the intent of this section to preserve from deliberate or inadvertent neglect, the exterior features of buildings on the local register or on the survey within an historical district, and the interior portions thereof when such maintenance is necessary to prevent desecration and decay of the exterior. All such buildings shall be preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:
(1) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;
(2) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split, or buckle due to defective material or deterioration;
(3) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
(4) Defective or insufficient weather protection for exterior wall covering, including lack of paint or other protective covering;
(5) Any fault or defect in the building that renders it not properly watertight or structurally unsafe.
§ 33-801 Demolishing an historical resource.
(a) Demolition permit required. No historical resource shall be demolished prior to obtaining a demolition permit issued pursuant to section 33-802 or 33-803, pertaining to emergency or non- emergency removal of historical resources, respectively.
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(b) Status of historical significance designation. In all cases, demolishing a local register resource shall automatically remove the local register and landmark designation unless the Planning Commission determines that the site should be retained for potential monumentation.
§ 33-802 Procedure for obtaining an emergency demolition permit. (a) Submittal. A request for a demolition permit involving an historic resource that has been subject to a catastrophic event, as defined in this article, shall be submitted in writing to the planning division and shall include the property owner's authorization for submittal.
(b) Review. On a case-by-case evaluation and upon consultation with a minimum of two City staff members, comprised of either the Chief Building Official, Fire Marshal, and/or City Planner, the Director of Development Services may, without a public hearing, issue a permit for a complete or partial demolition of an historical resource if it is determined that the catastrophic event has rendered said resource immediately hazardous and dangerous and/or detrimental to the public health and/or safety as defined in the latest adopted California Building Code or California Housing Law. The Director may request additional documentation from the applicant for evaluation of the historical resource.
(c) Considerations for demolition. In determining the appropriateness of demolishing a resource under this emergency provision, the Director of Development Services shall give consideration to demolishing only those portions of a resource that are immediately hazardous, thereby allowing for the preservation/reconstruction of non-hazardous portions. The Director shall also consider whether the damage to the resource is so substantial that it alters the historic character of the resource.
§ 33-803 Procedure and findings for obtaining a nonemergency demolition permit. (a) Submittal. When staff receives a request for non-emergency demolition of an historic resource, staff shall perform a preliminary assessment to determine if the resource is significant in concert with the city's Environmental Quality Regulations. Staff may employ a registered historian to help make this determination. If the site is determined not to be significant, the demolition permit will be considered at staff level after appropriate environmental review has been publicly noticed and issued and photo documentation to the city's satisfaction has been performed. If the historic resource is determined to be significant or if staff's decision to approve the demolition permit is appealed, an application for a nonemergency demolition permit shall be submitted in writing to the planning division using forms provided by the city.
(b) Review. The Planning Commission and City Council shall each hold a duly noticed public hearing prior to the demolition of a significant historic resource. The applicant shall provide, at a minimum, the following items to the satisfaction of the Director of Development Services or designee:
(1) Advertisement of the resource's availability in at least one local newspaper and the San Diego Daily Transcript, published for a minimum period of two weeks prior to the Planning Commission public hearing and/or City Council public hearing;
(2) Research into the feasibility of relocating a significant resource within the community including a licensed contractor's bid for the cost of moving the resource. For structures, the research shall include cost of improving the structure to meet relevant building code standards;
(A) In the case of a demolition application involving an income-producing property, whether the owner can obtain a reasonable return from the property without the granting of a demolition permit. 156
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(c) Findings. The city council may approve a demolition request upon making finding number 1, 4, and 5, and either number 2 or 3:
(1) That the City of Escondido's inventory of significant historical resources is not diminished by the demolition of the subject resource, and that there remains in the community a like resource, i.e., use, site, architectural style, or example of an architect's work;
(2) That all feasible economic and physical alternatives to demolition have been evaluated, and that the applicant has shown that there is no alternative left to pursue, other than demolition;
(3) That the continued existence of the historical resource is detrimental to the public health, safety and welfare;
(4) If the property is approved for demolition, the Historical Society and/or other appropriate historic agency has access to the building to retrieve any historic material, and to provide photo documentation of the resources conducted according to Historic American Building Survey (HABS) specifications;
(5) The applicant shall have, or will have a plot plan or development plan approved by the city prior issuance of a demolition permit.
(d) Notification of action. No later than five working days following the city council action, the decision of the city council shall be filed with the city clerk and a notice thereof shall be mailed to the applicant at the address shown on the application.
§ 33-804 Enforcement and penalties.
(a) Abatement. The procedures set forth in Chapter 6, Article 7 of the Escondido Municipal Code governing unsafe, dangerous or substandard buildings, whether in commercial or residential use, shall be applicable to any violations of sections 33-800 and 33-801.
(b) Misdemeanor. It is unlawful for any person or entity to maintain any building or demolish a historical resource listed on the local register or on the survey within an historical district in violation of sections 33-800 and 33-801, respectively. Any such violation constitutes a misdemeanor punishable as set forth in Section 1-13 of the Escondido Municipal Code. Each day of violation constitutes a separate offense and may be separately punished. The chief building official and code enforcement officer are authorized to exercise the authority in California Penal Code Section 836.5 and to issue citations for violation of this section.
(c) Additional remedies.
(1) In addition to any other remedies provided herein, any violation of this chapter may be enforced by civil action brought by the city. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein are cumulative and not exclusive. In any such action, the city may seek as appropriate, one or both of the following remedies:
(A) A temporary or permanent injunction, or both;
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(B) Assessment of the violator for the costs or any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; and
(2) In addition to any other remedies provided herein, in the event an historic resource is completely demolished in violation of this chapter, a penalty may be imposed in which no building or construction related permits shall be issued for the property upon which the demolition took place, for a period of three years from the date of demolition. Said penalty shall be enforced by civil action filed by the city attorney and adjudicated by a court of competent jurisdiction. A demolition shall be presumed to have occurred on the date that the city had actual knowledge of the demolition.
§ 33-805 Historic Street markings.
(a) In order to preserve the integrity of historic street markings throughout the City of Escondido, the following procedures shall be followed:
(1) The current and proposed locations of the existing historic street marking shall be clearly noted on the improvement plan. If neither improvement plans nor a site development review plan is required for the development, the applicant shall submit a letter and location map to the planning division 10 days prior to the construction of any new improvements. The planning division shall review the request and inform the appropriate departments of the restrictions.
(2) In addition, a one-thousand-dollar ($1,000.00) security bond shall be submitted to the engineering division prior to building permit issuance to ensure that the street marking is properly preserved.
(3) Efforts shall be made to preserve a marking in its original location. However, if the Director of Development Services concurs that no other alternative exists but to relocate the marking, the applicant shall:
(A) Saw-cut the entire street marking out in one piece and reinstall it as part of the new walk as close as possible and within context of its original location; or
(B) Saw-cut the entire street marking out in one piece and reinstall it adjacent to the new walk as close as possible and within context of its original location.
(4) The planning division shall review the request and inform the appropriate departments of the restrictions. The public works department will ensure that the work is correctly done during reconstruction of the curb, gutter, sidewalk and sidewalk pattern.
§ 33-806 Public notification.
Unless otherwise specified in this article, notices of public hearings held pursuant to this article shall be published and mailed in accordance with section 33-1300(a) and (c) of this title.
§ 33-807 through § 33-809. (Reserved)
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Article 61 (Administration and Enforcement)
Section 33-1319 (Powers and duties and procedure) of Division 9 of Article 61 of Chapter 33 of the Escondido Municipal Code is hereby amended and a new subsection, (a)(9), is hereby added as follows:
33-1319 Powers and duties and procedure.
(a) The Zoning Administrator is authorized to consider and approve, disapprove or modify applications and/or issue use permits, for requests that include, but are not limited to:
(1) Minor conditional use permits as defined in Division 1 of this article; (2) Minor conditional use permits for non-residential parking pursuant to section 33-764 of Article 39; (3) Variances as defined in Division 2 of this article; (4) Reasonable accommodation as provided in Division 5 of this article; (5) Grading exemptions not associated with a discretionary project pursuant to section 33-1066(d) of Article 55;
(6) Proposed modifications to an approved precise development plan pursuant to section 33-411 of Article 19;
(7) Time extensions for maps and permits, except those maps and permits initially approved by the Director as specified in this article and Chapter 32, upon submittal of a written request for an extension request, justification statement, and payment of all required application fees; (8) Comprehensive sign programs as specified in section 33-1392(c) of Article 66; (9) Listing and removal of historical resources on the City of Escondido Local Register of Historical Places pursuant to section 33-794 of Article 40.
(b) The Zoning Administrator is authorized to consider and adopt a negative declaration or mitigated negative declaration, prepared pursuant to CEQA and Article 47 of this chapter, upon completion of the CEQA public review period, for administrative projects that do not require a public hearing. (c) The Zoning Administrator shall have the power to adopt all rules and procedures necessary for the conduct of the administrator's business.
(1) The Zoning Administrator shall schedule public hearings as needed. (2) The Zoning Administrator shall hold a hearing, issue a notice of intended decision, or take an administrative action on an application as required pursuant to this chapter for the specific type of request.
(3) The decisions of the Zoning Administrator shall be filed in the planning division and a copy provided to the applicant at the address shown on the application. (4) Actions of the Zoning Administrator may be appealed to the Planning Commission.
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Article 64 (Design Review)
Article 64 of Chapter 33 of the Escondido Municipal code is hereby amended and a new Section, 33- 1370, is hereby added as follows:
Section 33-1370 Design review in Historic Overlay districts
Any and all references to the design review process in any adopted historic overlay district shall be reviewed by the Planning Commission or city staff, and shall be subject to rules and procedures outlined in Article 40, Historical Resources.
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Article 65 (Old Escondido Neighborhood)
Section 33-1381 (Appeal) of Article 65 of Chapter 33 of the Escondido Municipal code is hereby repealed in its entirety and replaced as follows:
§ 33-1381 Appeal.
Staff review decisions may be appealed to the Planning Commission. Planning Commission decisions may be appealed to city council pursuant to section 33-1303 of this zoning code.
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DATE: March 26, 2024
PL24-0017 – Article 40 Revisions
PROJECT NUMBER / NAME: PL24-0017 – Article 40, 61, 64, and 65 Revisions REQUEST: A request for approval of amendments to the Escondido Zoning Code including Article 40 (Historical Resources), Article 61 (Administration and Enforcement), Article 64 (Design Review), and Article 65 (Old Escondido Neighborhood). Such text updates are related to dissolution of the Historic Preservation Commission, reassignment of historic preservation responsibilities to the Planning Commission, Zoning Administrator, and/or City staff, permitting the Zoning Administrator to list properties on the Local Register of Historical Places, permitting the Planning Commission to conduct design review on specific projects, and clarifying the appeal process for staff approvals of projects, respectively.
PROPERTY SIZE AND LOCATION: CityWide APPLICANT: Development Services Department GENERAL PLAN / ZONING: N/A PRIMARY REPRESENTATIVE: Ivan Flores, AICP, Senior Planner
DISCRETIONARY ACTIONS REQUESTED: Zone Text Amendment
PREVIOUS ACTIONS: On February 21, 2024, City Council adopted Ordinance No. 2024-03 dissolving the Historic Preservation Commission.
CEQA RECOMMENDATION: Categorical Exemption – CEQA Guidelines Section 15061 (Common Sense Exemption) STAFF RECOMMENDATION: Recommend approval to City Council REQUESTED ACTION: Approve Planning Commission Resolution No. 2024-05 CITY COUNCIL HEARING REQUIRED: __X_YES ___NO
REPORT APPROVALS: Christopher McKinney, Interim Director of Development Services X Veronica Morones, City Planner
55 Item 3.
STAFF REPORT
Attachment "1"
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BACKGROUND
On August 19, 2020, the City Council formed a Boards and Commission subcommittee to evaluate the function of various City boards and commissions. The purpose of the subcommittee is to provide recommendations to the full City Council on how to improve board and commission efficiencies, such as adopting uniform by-laws, 2-year terms, and a yearly meeting between commissioners and City Council members.
On April 12, 2022, Development Services sta ff presented the concept of dissolving the Historic Preservation Commission (HPC) to the subcommittee. City staff cited challenges in recruiting qualified candidates meeting the requirements for a Certified Local Government (CLG) and reaching quorum for meetings where an action needed to be made on a specific project as the primary reasons for dissolution . Throughout 2023, the subcommitt ee continued observing the HPC and ultimately decided to recommend dissolution to the full City Council in order to align with the newly adopted Comprehensive Economic Development Study (CEDS) . The CEDS concluded the City lagged behind neighboring cities in the permitting of new housing development which impacts its ability to provide adequate housing to its residents, and makes it more expensive for younger working families. On February 21, 2024, City Council adopted Ordinance No. 2024-03 dissolving the HPC (see page 4 of Attachment 1 for adopted ordinance).
SUMMARY OF REQUEST
The dissolution of the HPC requires amendments to Chapter 33 (Escondido Zoning Code) that would streamline the review process for historic projects ; delegate historic preservation responsibilities to City staff, Planning Commission, and the City Council; and create general consistency throughout the zoning code given the dissolution of HPC . Th e proposed amendments include amendments to Article 40 (Historical Resources) , Article 61 (Administration and Enforcement), Article 64 (Design Review) , and Article 65 (Old Escondido Neighborhood) .
Further discussion on the effected sections of the Escondido Zoning Code is provided below in the Project Analysis.
The primary responsibilities of the HPC are listed below:
1. Designating Local Register or Landmarks
2. Rescinding Local Register or Landmark Status
3. Designation of a Historic District
4. Certificate of Appropriateness (stand-alone Major Projects)
5. Certificate of Appropriateness w/ Discretionary Actions
6. Emergency Demolition Permit
7. Non-emergency demolition permit for non-significant structures
8. Non-emergency demolition for significant resources
9. Maintaining historic incentive programs e.g., Mills Act contracts The proposed text amendments are illustrated in Attachment 2 of this staff report and are made easily identifiable through the use of bold and underline text (newly added language) and strikethroughs (deleted text). The attachment only identifies the specific sections that would be amended by the Zone Text Amendment; however, as shown in Exhibit B of Resolution 2024-05, Article 40 would be repealed in its entirety for ease of updating the zoning code through the City Clerk’s office. The full text amendment is located in the aforementioned Exhibit. 56 Item 3.
Attachment "1"
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PROJECT ANALYSIS
Article 40 (Historical Resources)
Staff identified several sections within Article 40 that must be amended due to the dissolution of the HPC. The amendments address the aforementioned main responsibilities of the HPC, and a table illustrating the existing processes, as well as proposed processes, is shown on page 5 of the attached City Council staff report (see Attachment 1 of this report).
Under the proposed Zone Text Amendment, items 1, 4, and 9, as shown above, are of utmost significance because the HPC acts on these types of applications more than the other listed items.
Item 1 - Designating Local Register or Landmarks
Under the proposed changes, City staff recommend empowering the Zoning Administrator to maintain, place, and remove historic resources from the City’s Local Register of Historic Places (“Local Register”) . Staff researched historic preservation regulations of surrounding cities, and recommend a formal body (e.g., zoning administrator, planning commission, city council) as the appropriate decision maker for such requests. Pursuant to Division 9 (Zoning Administrator) of Article 61 (Administration and Enforcement) t he Director of Development Services or their designee acts in the capacity as th e Zoning Administrator, and would continue the existing local register process, including the decision being made at a public meeting.
Item 4 - Certificate of Appropriateness (stand-alone Major Projects) Under the proposed changes, staff recommend the Planning Commission conduct design review on Certificates of Appropriateness for projects that are considered “Major Projects” under Article 40. As illustrated in Attachment 2, the HPC is responsible for advising, not approving, staff on project design review for issuance of a Certificate of Appropriateness – Major Projects. Article 40 defines “Major Projects” as: all new construction (primary structure, out-buildings), additions (including porch enclosures, dormers, etc.), removal, re location, change to the site, (grading, parking lots, paving), public right -of-way improvements (curb and, gutter, sidewalks, street paving, driveways, curb cuts, stamped sidewalk), new freestanding signs, street furniture, and any project requiring a plot plan review.
The proposed change would identify the Planning Commission as the responsible commission for design review in instances where properties are located within the Old Escondido Neighborhood District (OEN) and identified on the Local Register. Table 1 illustrates the existing and proposed process for “Major Projects”.
Table 1: Review Processes
Historical Status Existing Review Process Proposed Review Process On the Local Register and within the
OEN
Design Review by the HPC Design Review by the Planning
Commission
On the Local Register outside of the
OEN
Design Review by the HPC Staff design review approval with an option to elevate to Planning
Commission
57 Item 3.
Attachment "1"
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Identified on the 2001 Historic
Resource Inventory and within the
OEN
Design Review by the HPC Staff design review approval with an option to elevate to Planning
Commission
Not identified on the 2001 survey or
on the Local Register, but within the
OEN
Design Review by the HPC Staff design review approval with an option to elevate to the Planning
Commission
On the 2001 survey outside of the
OEN
Staff level review No changes.
In evaluating these changes, staff considered the most significant resources under Article 40 in conjunction with the goal of streamlining d evelopment proposals. Resources identified on the Local Register and within the Old Escondido Neighborhood district warrant additional review in order to ensure compatibility with the neighborhood.
Resources that fall into this category are considered the most significant resources as they are individually significant and contribute to the significance of the overall district. The proposed amendment authorizes the Director to approve Certificates of Appropriateness for all other properties within the OEN (i.e., properties not on the register but in the OEN); however, the Director may elevate those items to the Planning Commission for design review, if a project does not conform to the Design Guidelines for Homeowners of Historic Resources (Attachment 3).
Both the Downtown Specific Plan and the South Centre City Specific Plan require Certificates of Appropriateness for projects within those specific plan areas, and would be subject to the newly revised Article 40. It is unlikely that projects within these specific plans would require design review by the Planning Commission; however, the option to elevate the project to the Planning Commission would still be available.
Item 9 - Historic incentive programs
Under the proposed changes, the Director assumes HPC’s role of identifying, maintaining, and executing incentives for preserving historical resources . At this time, the only ongoing incentive that exists for historic preservation is the execution of Historic Preservation Property Agreements (also known as Mills Act Contracts). The HPC’s role entailed advising the City Council on the contents of the Mills Act Contracts , with the City Council as the final authority on the execution of the contract. The Boards and Commissions Subcommittee directed staff to delegate Mills Act Contracts to lower bodies for approval and execution. Due to language in Government Code Section 50280, the legislative body of the City (i.e. City Council) must approve the agreement; however, the Zone Text Amendment delegates the approval and signature authority to the Planning Commission and City Manager or their designee, respectively. The proposed revisions identify the Planning Commission as the authority responsible for review and approval of Mills Act Contracts as current business (non -public hearing item) , and provides authority to the City Manager to sign on behalf of the City for contract execution. This delegation of authority is consistent with the direction from the subcommittee and the aforementioned Government Code section.
Article 61 (Administration and Enforcement)
Prior to dissolution, the HPC retained authority to remove and add properties to the Local Register of Historic Places.
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professional under the Secretary of the Interior’s Guidelines for Historic Preservation, on how best to maintain the Local Register. Based on the research conducted by staff, t he proposed changes grant authority to the Zoning Administrator for the removal and addition of properties to the Local Register , whose authority and powers are outlined in Division 9 of Article 61. The Zone Text Amendment would empower the Zoning Administ rator to maintain and place historical resources on the Local Register, and remain consistent with the current procedures under Article 40 for listing.
Article 64 (Design Review)
The HPC’s primary role, in addition to maintain ing the local register, was to advise staff on the issuance of a Certificate of Appropriateness for projects considered “Major Projects” as defined in Article 40.
Staff recognizes the significance of the Old Escondido Neighborhood District and potential impacts from projects that may warrant additional scrutiny and review by the appropriate body. The proposed Zone Text Amendment assigns design review responsibility to the Planning Commission for properties within the OEN and on the Local Register. The amendment to Article 64 assigns the Planning Commission as the reviewing body for design review applications when required, and provides the Director with the authority to elevate the review process, if necessary.
Article 65 (Old Escondido Neighborhood)
The proposed changes to Article 65 clarify appeals of staff decisions for consistency with the aforementioned proposed modifications . Specifically, it clarifies appeals would be heard by the Planning Commission , where previously appeals of staff decisions went to the Historic Preservation Commission. Under the current text, Planning Commission decision may be appealed to the City Council.
General Plan Conformance:
The proposed changes will amend several articles of the Escondido Zoning Code to create consistency due to the dissolution of the Historic Preservation Commission. The dissolution of the HPC would not affect existing historic preservation programs including but not limited to: Cert ificate of Appropriateness permits for modifications to historical resources, historic incentive programs (e.g., Mills Act Contracts, parking reductions), and maintenance of the Local Register because the proposed changes retain all functions of the HPC an d only delegate authority to existing decision makers. The proposed amendments conform to several of the City’s 2012 General Plan policies as described below:
Land Use Zoning Policy 2.1: Update and revise City ordinances to reflect the goals, objectives, and policies in the adopted General Plan
There are several policies within the Land Use and Community Form, and Economic Prosperity Element that encourage streamlining development processes in order to facilitate orderly development within the City.
The p roposed Zone Text Amendments streamline the development process for properties with historic resources while continuing to protect historic resources as discussed in the Resource Conservation element.
Furthermore, the revision to the City’s ordinances woul d bring the Escondido Zoning Code into alignment with the City’s recently adopted CED S. The CEDS identified the pace of housing permitting within the City as a detriment to the City’s economy; furthermore, it represents an unnecessary drag on the construction industry. Through this Zone Text Amendment, the development process would be streamlined by removing 59 Item 3.
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an additional review body, and allowing the Planning Commission to render a decision on an application while still taking into consideration the historic nature of the project.
Cultural Resources Policy 5.2 : Preserve significant cultural and paleontological resources listed on the national, State, or Local register through: maintenance or development of appropriate ordinances that protect, enhance, and perpetuate resource; incentive programs; and/or the development review process
Cultural Resources Policy 5.8: Consider providing financial incentives, and educational information on existing incentives provided by the federal government to privat e owners and development in order to maintain, rehabilitate, and preserve historic resources.
The proposed Zone Text Amendment does not impact the City’s ability to preserve historical resources, and City staff would continue to administer existing histori c preservation programs as identified in th ese General Plan policies. The Zone Text Amendment would streamline the process for which homeowners may apply for a Mills Act Contract by requiring review and approval by the Planning Commission, instead of the City Council.
FISCAL ANALYSIS
There will be no fiscal impacts to the City of Escondido as a result of these amendments.
ENVIRONMENTIAL ANALYSIS
The proposed amendments to the Escondido Zoning Code including Article 40 (Historical Resources), Article 61 (Administration and Enforcement), Article 64 (Design Review), and Article 65 (Old Escondido Neighborhood) qualify for an exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (“Common Sense Exemption”) and Section 33-922 (c)(1) of the Article 47 (Environmental Quality) of the Escondido Zoning Code as it can be seen with certainty that the proposed action consisting of minor municipal code amendments will not have a significant effect on the environment . The proposed ch anges are nominal in nature as no programs or development standards or requirements would be modified. The proposed changes would entail changes to review- and decision-making authority for the purposes of dissolving an advisory commission on historic preservation. The City would continue to implement such historic preservation regulations and requirements outlined within Article 40 of the Escondido Zoning Code, consistent with the City’s General Plan.
PUBLIC INPUT
The proposed Zone Text Amendment was noticed in accordance with Article 61, Division 6 of the Escondido Zoning Code. A public notice was published in the Escondido Times Advocate at least 10 calendars prior to this public hearing. Additionally, the City Clerk’s office notified various stakeholder groups regarding the dissolution of the Historic Preservation Commission, and staff is not aware of any comments received as a result of those notifications.
CONCLUSION AND RECOMMENDATION
The proposed amendments to the Escondido Zoning Code would streamline the review of historic resources, and bring Article 40 in alignment with the CEDS while also maintaining protections for historic resources. Furthermore, the amendments would ensure consistency with other articles of the Escondido Zoning Code. 60 Item 3.
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Based on the analysis contained in this staff report, and the presentation by staff, staff recommends that the Planning Commission adopt Resolution No. 2024 -05 recommending approval of the proposed Escondido Zoning Code Amendments to the City Council.
ATTACHMENTS
1. City Council staff report and attachments (dated February 21, 2024)
2. Strikethrough and underline of proposed changes
3. Design Guidelines Homeowners of Historic Resources
4. Draft Planning Commission Resolution No. 202 4-05 including Exhibits A (Findings) and B (Clean copy of proposed changes)
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ATTACHMENT 2
Chapter 33 Article 40 (Historical Resources)
Section 33-790 - Purposes and definitions.
Update to definitions to address dissolution of HPC, and clarification of existing definitions "Certificate of appropriateness" means a certificate issued by the dDirector of community dDevelopment Services approving alteration, restoration, construction, removal, relocation in whole or in part, consistent with the Secretary of Interior Standards, of or to a property on the local register or to an improvement within an historical district. “Certificate of Appropriateness (Major)” means a major project that undergoes design review by Planning Commission or City staff, prior to issuance of the Certificate of Appropriateness.
“Certificate of Appropriateness (Minor)” means a minor project that undergoes planning administrative review, prior to issuance of the Certificate of Appropriateness.
“HPC” means historic preservation commission consisting of appointed members by the city council.
“Mature tree” means as defined in the Escondido Zoning Code Article 62, Landscape standardsArticle 55, Grading and Erosion Control.
“Planning Commission” means the Planning Commission of the City of Escondido as established by Chapter 20 of the Escondido Municipal Code. “Secretary of the Interior’s Standards” means the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 19831995 edition, or such later edition as adopted by the City Council.
"Survey" means the Escondido historic sites survey consisting of an historical resources inventory compiled and maintained by the historic preservation commission Zoning Administrator that documents structures, uses, sites, and artifacts that are related to the area's history including all areas within the corporate limits. Resources on the list must be 50 years or older unless the historic preservation commissionZoning Administrator deems a younger, exceptional resource worthy of documentation. The inventory was originally completed in March 1984 and is updated as needed.
The survey may also include an inventory of archaeological resources. Certain records of archaeological resources ma y not be subject to public review in the interest of protecting these resources from tampering. Resources listed in the survey are eligible for nomination to the Escondido local register of historical places.
”Zoning Administrator” means the Director of Development Services ( “Director”), or designee, as provided for in Title 7, Chapter 4, Article III (Section 65901) of the Government Code.
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Section 33-794, subsections (b)(2) and (3) and (c) - Procedure and criteria for local register listing or local landmark designation.
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(b) Review process.
(b)(2) Requests for local register listing or local landmark designation of resources owned by the City of Escondido shall be brought to the city council prior to the HPC’sZoning Administrator’s decision to list or designate such resource. (b)(3) The HPCZoning Administrator shall hold a public meeting. In their review of the request for local register listing or local landmark designation, the HPCZoning Administrator shall consider the criteria listed in this section. (c) Criteria. Prior to granting a resource local register or historical landmark status, the HPCZoning Administrator shall consider the definitions for historical resources and historical districts and shall find that the resource conforms to one or more of the criteria listed in this section. A structural resource proposed for the local register shall be evaluated against criteria number one through seven and must meet at least two of the criteria. Signs proposed for the local register shall meet at least one of the criteria numbered eight through
10. Landscape features proposed for the local register shall meet criterion number 11.
Archaeological resources shall meet criterion number 12. Local register re sources proposed for local landmark designation shall be evaluated against criterion number 13.
The criteria are as follows:
Section 33 -795, subsection (b) - Procedure and criteria for rescinding local register or landmark status.
(b) Review. The HPCZoning Administrator shall hold a public meeting. In their review of the request to remove a local register or landmark designation, the HPCZoning Administrator shall consider the criteria listed in this section. Upon rescission, any associated Historic Property Preservation Agreement (Mills Act agreement) will be cancelled.
Section 33-797, subsections (a), (b)(1), (b)(2)(B), and (b)(2)(C) – Procedure and findings for designating an historical district.
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(a) Submittal. Any person may request the historic preservation commission Planning Commission to designate an historical district. The request for designation shall be filed with the planning division on forms provided by the cCity. (b) Review process.
(1) Initiation process. Upon receipt of a recommendation from the historic preservation commissionPlanning Commission, the city council shall determine whether or not to initiate the designation process.
(2) Designation process. Upon city council initiation:
(B) Following the appropriate neighborhood meetings and the completion of research for the district, the historic preservation commission Planning Commission shall hold a duly noticed public hearing and shall forward its recommendation to the planning commission and city council , who shall hold a duly noticed public hearing on the matter . Should the Planning Commission recommend that the area be designated a n historical district; the report shall contain the following information:
(C) The HPC and city council shall each hold a duly noticed public hearing.
In their review of the request to designate a historical district, the HPC Planning Commission and the city council shall consider the criteria listed in this section.
Section 33 -798, subsection (b), (e)(1)(b), (e)(2), (e)(3), and (h) – Permits and permit procedures.
Streamlining of review process for historic resources and delegating responsibilities to the Planning Commission and/or City staff
(b) Unless otherwise exempted in this article, a certificate of appropriateness is required for any new construction, and/or alteration that would affect the exterior appearance of an historical resource listed on the local register, or located within an historical overlay district, including back and sides, as well as street façade, even when a building permit is not otherwise required. Other permits, and/or review by the pPlanning cCommission, may be required as prescribed in this article. Improvements and alterations to properties listed on the Escondido Historic Sites Survey outside an historical overlay district shall be subject to staff administrative review to ensure said improvements and alterations do not preclude future listing on the city's local register.
(e) Review processes. Following the planning division's receipt of a complete application, the director shall determine the appropriate review process as follows:
(1) Minor projects. Minor projects shall be subject to planning division staff review.
Minor projects include:
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(A) Placement or removal of exterior objects and the restoration and exterior changes to materials (siding, brick, stucco, metal, etc.) and structures including porches (columns, cornices), roofs (covering, change in shape), any painting of exterior surfaces, satellite dishes, solar collectors, freestanding walls, fences and retaining walls, and any modifications to historical signs; andpainting of exterior surfaces, restoration and exterior changes to architectural details and decorative elements (fish scale, shingles, dentils, shutters), porches (trim, railing, ornamentation), exterior staircases, exterior doors, windows, skylights, mechanical systems (window units, exhaust fans, vents), storm windows and doors, security grilles, and fire escapes.
(B) The foll owing projects involving historic resources listed on the local register and property located within an historical overlay district: painting of exterior surfaces, restoration and exterior changes to architectural details and decorative elements (fish scale, shingles, dentils, shutters), porches (trim, railing, ornamentation), ext erior staircases, exterior doors, windows, skylights, mechanical systems (window units, exhaust fans, vents), storm windows and doors, security grilles, and fire escapes. Improvements and alterations to properties listed on the Escondido Historic Sites Sur vey outside a historical overlay district shall be subject to staff administrative review to ensure said improvements to not affect the project’s integrity such that they will maintain eligibility their ability to be placed on the local register.
(2) Majo r projects. Major projects shall be subject to historic preservation commissiondesign review prior to staff determination by the Director of Development Services, or their designee, unless otherwise noted below. Major projects include all new construction ( primary structure, out -buildings), additions (including porch enclosures, dormers, etc.), removal, relocation, changes to the site, (grading, parking lots, paving), public right -of-way improvements (curb and, gutter, sidewalks, street paving, driveways, cu rb cuts, stamped sidewalk), new freestanding signs, street furniture, and any project requiring a plot plan review. (A) Major projects for properties located within a historical overlay district and on the local register shall be subject to design review b y the Planning Commission.
(B) Notwithstanding subsection (A) above, major projects for all other properties located within a historical overlay district shall be subject to staff design review prior to a decision by the Director of Development Services, unless it is determined by the Director that the proposed project does not conform to the design guidelines for historic resources and therefore requires design re view by the Planning Commission.
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(C) Major projects for properties located outside a historical overlay district but identified on the local register, shall be subject to staff design review prior to a decision by the Director of Development Services, unle ss it is determined by the Director that the proposed project does not conform to the design guidelines for historic resources and therefore requires design review by the Planning Commission.
(D) Major projects for properties listed on the Escondido Historic Sites Survey but outside a historic overlay district and not on the local register, shall be subject to staff administrative review to ensure said improvements do not affect a property’s integrity such that they would be ineligible for inclusion on the local register at a future time. (3) Discretionary projects requiring a public hearing. Discretionary projects requiring a public hearing shall be subject to review by the historic preservation commission prior to planning commission determination acted on by the ultimate decision maker of the discretionary application.
(h) Findings. A certificate of appropriateness may be issued if planning division, historic preservation commission, pPlanning cCommission, or the city council makes the following findings:
Section 33-799, subsection (a) and (d) - Incentives for preserving historical resources.
Replacing HPC for Director and Zoning Administrator
(a) Historic register incentives program. To support the preservation, maintenance and appropriate rehabilitation of historical resources and thus carry out the purposes of this article, the HPCDirector of Development Services may develop and recommend incentives for city council adoption. The type and availability of incentives vary from time to time.
(d) Repayment required. Monies granted as an incentive to preserve an historical resource pursuant to this article shall be repaid to the city following the HPC'sZoning Administrator’s approval to remove the historical designation of said historical resource or the HPC's approval of its demolition.
(e) Authority. City Manager or their designee has authority to execute agreements and/or contracts necessary for the historic register incentive programs.
Section 33-801, subsection (b) – Demolishing an historical resource (b) Status of historical significance designation. In all cases, demolishing a local register resource shall automatically remove the local reg ister and landmark designation, unless 71 Item 3.
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historic preservation commission Planning Commission determines that the site should be retained for potential monumentation.
Section 33-802, subsection (b) - Procedure for obtaining an emergency demolition permit.
Replacing HPC for City staff for issuance of emergency demolition permit (b) Review. On a case -by-case evaluation and upon consultation with a minimum of two historic preservation commissioners and an architect or engineer, the director of community developmentCity staff members, comprised of the Chief Building Official, Fire Marshal, and/or City Planner, the Director of Development Services may, without a public hearing, issue a permit for a complete or partial demolition of an historical resource if it is determined that the catastrophic event has rendered said resource immediately hazardous and dangerous and/or detrimental to the public health and/or safety as defined in the latest adopted California Building Code or California Housing Law.
Section 33 -803, subsection (b) - Procedure and findings for obtaining a nonemergency demolition permit.
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(b) Review. The HPCPlanning Commission and city council shall each hold a duly noticed public hearing prior to the demolition of a significant historic resource. The applicant shall provide, at a minimum, the following items to the satisfaction of the dDirector of community developmentDevelopment Services or designee:
Chapter 33 Article 61 (Administration and Enforcement)
Section 33-1319, subsection (a)(9) - Powers and duties and procedure.
Empower the Zoning Administrator to list and removal historical resources (9) Listing and removal of historical resources on the City of Escondido Local Register of Historical Places pursuant to section 33-794 of Article 40.
Chapter 33 Article 64 (Design Review)
Section 33-1370 - Design Review in Historic Overlay Districts.
Empower Planning staff and Planning Commission to conduct Design Review for projects that are considered “Major”
Any and all references to the design review process in any adopted historic overlay district shall be reviewed by the planning commission or c ity staff, and shall be subject to rules and procedures outlined in Article 40, historical resources. 72 Item 3.
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Chapter 33 Article 65 (Old Escondido Neighborhood)
Section 33-1381 – Appeal.
Clarify appeal process for projects denied by staff
Staff review decisions may be appealed to the historic preservation commission (HPC).
HPC decisions may be appealed to the planning commission Planning Commission .
Planning cCommission decisions may be appealed to city council pursuant to section 33 - 1303 of this zoning code.
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Attachment 4
Planning Commission
Hearing Date: March 26, 2024
Effective Date: March 26, 2024
PLANNING COMMISSION RESOLUTION NO. 2024-05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ESCONDIDO, CALIFORNIA,
RECOMMENDING APPROVAL TO AMEND VARIOUS
ARTICLES OF THE ESCONDIDO ZONING CODE
APPLICANT: City of Escondido
CASE NO: PL24-0017
WHEREAS, on February 7, 2024, the City Council voted 5-0 to approve the Boards and Commissions Subcommittee recommendation to align with the Comprehensive Economic Development Strategy and City Council Priorities by dissolving the Historic Preservation Commission (HPC) and assigning HPC responsibilities to the Planning Commission, Zoning Administrator , and City Staff with criteria for Certificates of Appropriateness on Major Projects;
WHEREAS, on February 21, 2024, the City Clerk’s Office presented City Council with ordinance 2024-03 to amend Chapter 33 ( Escondido Zoning Code), Article 40 (Historical Resources), Section 33-791 of the Escondido Municipal Code in an effort to dissolve the HPC;
WHEREAS, on February 21, 2024, the City Council voted 4-0 to adopt Ordinance No. 2024-03, amending the Escondido Zoning Code to dissolve the HPC; and WHEREAS, the Planning Division staff identified the need to amend Article 40 (Historical Resources) of the Escondido Zoning Code to address the dissolution of the 192
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HPC and assign HPC responsibilities to the Planning Commission, Zoning Administrator, and/or City as well as the need for related amendments to Article 61 (Administration and Enforcement), Article 64 (Design Review), and Article 65 (Old Escondido Neighborhood) (collectively referred to as the “Project”);
WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; WHEREAS, City staff provided public notice of the application in accordance with City and State public noticing requirements; and
WHEREAS, on March 26, 2024 , 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 Project. Evidence was submitted to and considered by the Planning Commission, including, without limitation:
a. Written information including written and graphical information, and other material; b. Oral testimony from City staff, interested parties, and the public; c. The staff report, dated March 26, 2024, 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 193
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WHEREAS, the public hearing before the Planning Commission was conducted in all respects as required by the Escondido Municipal Code and the ru les 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 propose d amendments to the Escondido Zoning Code are categorically exempt from further review pursuant to various sections of the California Environmental Quality Act and Article 47 (Environmental Quality) of the Escondido Zoning Code, including but not limited to section 15061(b)(3) also known as the common -sense exemption. The proposed Zone Text Amendments would not, in and of themselves, result in development or any other material change to the environments. Projects seek ing to implement the amended provisions would be subject to separate review under the California Environmental Quality Act.
3. After consideration of all evidence presented, and studies and investigations made by the Planning Commission and on its behal f, the Planning Commission makes the substant ive findings and determinations attached hereto as Exhibit “A,” 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.
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4. The Planning Commission hereby recommends that the City Council approve the Zone Text Amendment identified herein, and reflected in Exhibit “B” attached hereto.
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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 26th day of March, 2024, by the following vote, to wit:
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
Decision may be appealed to City Council
pursuant to Zoning Code Section 33-1303
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Exhibit “A”
PLANNING CASE No. PL24-0017
FACTORS TO BE CONSIDRED / FINDINGS OF FACT
Environmental Determinations:
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 15061 (b) (“Common Sense Exemption”) and Section 33 -922 (c)(1) of Article 47 (Environmental Qualit y) of the Escondido Zoning Code as it can be seen with certainty that the proposed action consisting of minor municipal code amendments will not have a significant effect on the environment.
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 includes but is not limited to the March 26, 2024, 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 ab ove- 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.
Zone Text Amendment Determinations (Escondido Zoning Code Section 33-1263)
1. That the public health, safety and welfare will not be adversely affected by the proposed change;
The proposed Zone Text Amendment address es the dissolution of the Historic Preservation Commission, and assign s historic preservation responsibilities to the Planning Commission, Zoning Administrator, and/or City staff. The proposed Zone Text Amendment is consistent with the objectives, policies, and programs within the City’s 2012 General Plan , including consistent with Land Use Zoning Policy 2.1 , and Cultura l Resources Policies 5.2 and 5.8 in that t he proposed Zone Text Amendment streamlines the development process for properties with historic resources while continuing to protect 197
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historic resources as discussed in the Resource Conservation element. Furthermore, the dissolution of the Historic Preservation Commission aligns land development reviews with the City’s newly adopted Comprehensive Economic Development Study (CED S). B y transferring historic preservation responsibilities to the Planning Commission , Zo ning Administrator and staff, it should lead to a more expeditious approval process. This also aligns with City Council priority to Encourage Housing Development. Therefore, the public health, safety and welfare will not be adversely impacted by the proposed changes.
2. That the property involved is suitable for the uses permitted by the proposed zone;
The proposed Zone Text Amendment does not expand or permit additional uses other than what is already permitted on properties with historic resources. T he Zone Text Amendment streamlines, and assign historic preservation responsibilities to Planning Commission, Zoning Administrator, and/or City staff; furthermore, the amendment includes minor text updates to other articles for consistency purposes.
3. That the uses permitted by the proposed zone would not be detrimental to surrounding properties
The proposed Zone Text Amendment does not include the addition of uses that are already permitted under the zoning code.
4. That the proposed change is consistent with the adopted general plan;
As discussed in the Planning Commission staff report (dated March 26, 2024), the proposed Zone Text Amendment would be consistent with the City’s 2012 General Plan.
The amendment does not impact the existing historic preservation program administered by the City, and the City will continue to maintain the City’s Local Register of Historical Places in conformance with General Plan policies. The amendment would continue to protect, rehab ilitate, preserve, and maintain historical resources in the City while also aligning the zoning code with the City Council’s adopted Comprehensive Economic Development Study (CEDS).
5. That the proposed change of zone does not establish a residential densit y below 70% of the maximum permitted density of any lot or parcel of land previously zoned R-3, R-4, or R-5 unless the exceptions regarding dwelling unit density can be made pursuant to the provisions set forth in Article 6;
The proposed Zone Text Amendment do es not include change of zones that would establish a residential density below 70% of the maximum permitted density of any lot or parcel of land previously zoned R-3, R-4, or R-5 in that the amendment does not involve any change of zone . The proposed Zone Text Amendment does not expand or permit additional uses other than what is already permitted on properties with historic resources.
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to Planning Commission, Zoning Administrator, and/or City staff; furthermore, the amendment includes minor text updates to other articles for consistency purposes.
6. That the relation of the proposed change is applicable to specific plans.
The proposed Zone Text Amendment would only be applicable to the Downtown Specific Plan (DSP) and the South Centre City Specific Plan (SCCP) as those are the only specific plans that contain language regarding Certificates of Appropriateness. The review processes established by the specific plans supersede the requirements of the Escondido Zoning Code; however, those processes would continue to be consistent with the newly established processes through the proposed Zone Text Amendment.
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Exhibit “B”
PLANNING CASE No. PL24-0017
ZONE TEXT AMENDMENT
Article 40 (Historical Resources) of Chapter 33 (Escondido Zoning Code) of the Escondido Municipal Code is hereby repealed in its entirety and replaced as follows:
Article 40 HISTORICAL RESOURCES
§ 33-790 Purpose and definitions.
(a) Purpose. It is the purpose and intent of this article to:
(1) Protect, enhance and perpetuate historical resources, sites, and districts that represent or reflect elements of the city's cultural, social, economic, political, and architectural history for the public health, safety, and welfare of the people of the city;
(2) Safeguard the city's historical heritage as embodied and reflected in its historical resources, sites, and historical districts;
(3) Stabilize and improve property values;
(4) Foster civic pride in the character and accomplishments of the past;
(5) Strengthen the city's economy by protecting and enhancing the city's attractions to residents, tourists, and visitors and serve as a support and stimulus to business and industry;
(6) Enhance the visual character of the city by encouraging the preservation of unique and established architectural traditions;
(7) Promote the use of historical landmarks and districts for the education, pleasure, and welfare of the people of the city;
(8) Permit historical and archaeological sites to be identified, documented, and recorded by written and photographic means and allow an opportunity for preservation of historical and archaeological sites.
(b) Definitions. Whenever the following terms are used in this article, they shall have the meaning established by this section.
"Alteration" means any exterior change or modification through public or private action of any historical property or resource on the Escondido Historic Sites Survey, local register or located within an historical district, affecting the exterior visual qualities of the property or resource excluding routine maintenance (masonry tuckpointing, cleaning), temporary fixtures (awnings and canopies, signs and plaques, light fixtures, portable spas, steps, and landscape accessories) and maintenance and removal of plantings and nonmature trees. Alteration also includes removal of historical resources such as mature trees and other landscape features identified on the Escondido historic sites survey as well as disturbances of archaeological sites.
"Archaeological site" means an area where remains of man or his and her activities prior to keeping of history are still evident.
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"California Register of Historical Resources/California Register" means a state authoritative and comprehensive listing and guide to California's significant historical resources. The California Register is used by state and local agencies, private groups and citizens to identify, evaluate, register and protect California's historical resources. The California Register is administered by the State Historic Resources Commission, and the Office of Historic Preservation.
"Catastrophic event" means an event, such as fire, earthquake or flooding, that is beyond the property owner's ability to control and renders historical resources hazardous. Catastrophic event shall not include improper/insufficient owner maintenance or corrections that can be accomplished through reasonable measures.
"Certificate of appropriateness" means a certificate issued by the Director of Development Services approving alteration, restoration, construction, removal, relocation in whole or in part, consistent with the Secretary of Interior Standards, of or to a property on the local register or to an improvement within an historical district.
“Certificate of Appropriateness (Major)” means a major project that undergoes design review by Planning Commission or city staff prior to issuance of the Certificate of Appropriateness.
“Certificate of Appropriateness (Minor)” means a minor project that undergoes planning administrative review, prior to issuance of the Certificate of Appropriateness.
"Demolition" means any act that destroys in whole or in part an historical resource on the local register or an improvement within an historical district.
"Design Guidelines for Historic Resources" means the guideline/manual adopted by city council Ordinance 91-57 and any subsequent amendments, applicable to any historical resource or any property within an historical district, intended for property owners, design professionals, and city boards and commissions as a design resource, regulatory tool and policy guide.
Escondido Historic Sites Survey. See Survey.
"Façade" means the exterior face of a building that is the architectural front, sometimes distinguished from other faces by elaboration of architectural or ornamental details.
"Fixture" means a decorative or functional device permanently affixed to a site or the exter ior of a structure and contributing to its ability to meet historical designation criteria. Permanently affixed shall include, but not be limited to, attachment by screws, bolts, pegs, nails or glue, and may include such attachment methods as rope, glass or leather if such material is integral to the design of the device.
Fixtures include, but are not limited to, lighting devices, murals, moldings, leaded glass or other decorative windows and decorative hardware.
"Historical resources" means and includes, but is not limited to, any object, building, structure, site, area, place, sign, outdoor work of public art, landscape feature, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of Escondido and listed on the Escondido historic sites survey.
"Historical district" means any area that contains a number of structures or landscape featu res having a similar character of historic, archaeological, cultural, architectural, community or aesthetic value as part of the heritage of the city, region, state, or nation, and that has been designated pursuant to this article.
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"Historic Register Incentives Program" means a program adopted by city council resolution of various incentives intended to encourage and facilitate the preservation, maintenance and appropriate rehabilitation of significant historical resources. The availability of incentives m ay vary from time to time.
"Historic sign" means a sign that possesses historical, cultural, architectural, or community interest or value associated with the development, heritage or history of the city and that is listed on the Escondido historic sites survey or designated on the local register of historic places.
"Historical site" means any parcel or portion of real property that has special character related to its special historical, cultural, or archaeological feature.
"Historic street markings list" means the list adopted by city council Ordinance 88-57, and any subsequent amendments, identifying the location and name of the historical markings.
"Improvement" means any place, building, structure, landscape feature or object constituting a physical addition to real property or a structure on real property, or any part of such addition or façade excluding routine maintenance such as masonry tuckpointing, cleaning, awnings, signs, plaques, light fixtures, steps, spas, plantings, nonmature tree and landscaping accessories.
"Landscape feature" means any tree or plant life that has been placed, planted or manipulated by man for cultural purposes.
"Local historical landmark" means any historical resource that has been registered as a local historical landmark pursuant to this article because of its outstanding historic, cultural, architectural, archaeological, or community interest or value as part of the development, the heritage or history of the city.
"Local register of historical places" means a local list established by the city council of districts, sites, buildings, uses, landscape features, signs, structures and objects of local, state or national importance that are significant and warrant protection because of their historic, architectural, arch aeological, or cultural values. The local register includes local historical landmarks and districts.
"Mature tree" means as defined in Escondido Zoning Code Article 55, Grading and Erosion Control.
"National Register of Historic Places" means a national list of districts, sites, buildings, structures and objects of local, state or national importance that are significant for their historical, architectural, archaeological or cultural values. Properties less than 50 years old ordinarily are not eligible f or the Register unless they are of exceptional importance. The Register is administered by the Keeper of the Register, U.S. Department of the Interior, and is the nation's official list of cultural resources worthy of preservation.
"Owner" means the person appearing on the last equalized assessment roll of the County of San Diego.
"Person" means any individual, association, partnership, firm, corporation, public agency or political subdivision.
“Planning Commission” means the planning commission of the City of Escondido as established by Chapter 20 of the Escondido Municipal Code.
"Secretary of the Interior's Standards" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 1995 Edition, or such later edition as adopted by the city council.
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"Street markings" means any street name or stamp in concrete or curbs that denotes the original name of the street or contractor. This definition also includes any historical feature such as horse rings or lamp posts as identified in the Escondido historic survey, and all items identified in the historic street markings list.
"Survey" means the Escondido historic sites survey consisting of an historical resources inventory compiled and maintained by the Zoning Administrator that documents structures, uses, sites, and artifacts that are related to the area's history including all areas within the corporate limits. Resources on the list must be 50 years or older unless the Zoning Administrator deems a younger, exceptional resource worthy of documentation. The inventory was originally completed in March 1984 and is updated as needed. The survey may also include an inventory of archaeological resources. Certain records of archaeological resources may not be subject to public review in the interest of protecting these resources from tampering. Resources listed in the survey are eligible for nomination to the Escondido local register of historical places.
“Zoning Administrator” means the Director of Development Services (Director), or designee, as provided for in Title 7, Chapter 4, Article III (section 65901) of the Government Code.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08; Ord. No. 2018-07R, § 7, 4-18-18) (Ord. No. 2021-14R, § 4, 3-2-22)
§ 33-792 Establishment of a local register of historical places. (a) Purpose. The purpose of the local register is to provide a means to preserve, protect and enhance the most significant historical resources within the community, including structures, sites, buildings, uses, and landscape features.
(b) Eligibility. Resources listed on the Escondido historic sites survey are eligible for nomination to the Escondido local register of historical places.
(c) Identification. Local register resources may be identified on-site with an exterior marker displaying pertinent information about the resource. A record of resources on the local register will be kept at the planning division and at the regional information center of the office of historic preser vation or other agencies as required.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-793 Designation of a local historical landmark.
(a) Purpose. The purpose of designating historical landmarks is to provide distinctive recognition of structures, sites, buildings, uses, and landscape features that have outstanding character or historical, archaeological or aesthetic interest or importance as part of the development, heritage, or cultural characteristics of the city.
(b) Eligibility. Resources listed on the local register are eligible for local historical landmark nomination.
(c) Identification. Landmark resources would be identified on-site with an exterior marker displaying pertinent information about the landmark. A record of the landmark resource would also be kept at the planning division and at the regional information center of the office of historic preservation or other agencies as required.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-794 Procedure and criteria for local register listing or local landmark designation. 203
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(a) Initiation. Any person may nominate an historical resource to the local register or landmark designation. The application shall be made to the planning division on forms provided by the city.
Requests for local landmark designation shall include a letter signed by the property owner consenting to the initiation.
(b) Review process.
(1) Upon receipt of an application for local register listing or local landmark designation, the p lanning division shall notify the property owner and building department of the pending request. No building or demolition permits shall be issued for any alteration to any improvement, fixture, or façade located on a site subject to a request for local register listing or local landmark designation while the matter is pending final decision.
(2) Requests for local register listing or local landmark designation of resources owned by the City of Escondido shall be brought to the city council prior to the Zoning Administrator’s decision to list or designate such resource.
(3) The Zoning Administrator shall hold a public meeting. In their review of the request for local register listing or local landmark designation, the Zoning Administrator shall consider th e criteria listed in this section.
(c) Criteria. Prior to granting a resource local register or historical landmark status, the Zoning Administrator shall consider the definitions for historical resources and historical districts and shall find that the resource conforms to one or more of the criteria listed in this section. A structural resource proposed for the local register shall be evaluated against criteria number one through seven and must meet at least two of the criteria. Signs proposed for the local register shall meet at least one of the criteria numbered eight through 10. Landscape features proposed for the local register shall meet criterion number 11. Archaeological resources shall meet criterion number 12. Local register resources proposed for local landmark designation shall be evaluated against criterion number 13. The criteria are as follows:
(1) Escondido historical resources that are strongly identified with a person or persons who significantly contributed to the culture, history, prehistory, or development of the City of Escondido, region, state or nation;
(2) Escondido building or buildings that embody distinguishing characteristics of an architectural type, specimen, or are representative of a recognized architect's work and are not substantially altered;
(3) Escondido historical resources that are connected with a business or use that was once common but is now rare;
(4) Escondido historical resources that are the sites of significant historic events;
(5) Escondido historical resources that are 50 years old or have achieved historical significance within the past 50 years;
(6) Escondido historical resources that are an important key focal point in the visual quality or character of a neighborhood, street, area or district;
(7) Escondido historical building that is one of the few remaining examples in the city possessing distinguishing characteristics of an architectural type;
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(8) Sign that is exemplary of technology, craftsmanship or design of the period when it was construct ed, uses historical sign materials and is not significantly altered;
(9) Sign that is integrated into the architecture of the building, such as the sign pylons on buildings constructed in the Modem style and later styles;
(10) Sign that demonstrates extraordinary aesthetic quality, creativity, or innovation;
(11) Escondido landscape feature that is associated with an event or person of historical significance to the community or warrants special recognition due to size, condition, uniqueness or aesthetic qualities;
(12) Escondido archaeological site that has yielded, or may be likely to yield, information important in prehistory;
(13) Escondido significant historical resource that has an outstanding rating of the criteria used to evaluate local register requests.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08; Ord. No. 2016-15, § 4, 10-26-16)
§ 33-795 Procedure and criteria for rescinding local register or landmark status. (a) Submittal. Any person may submit a written request to the planning division to remove his or her resource from the local register or to rescind a local landmark designation. The application shall be made on forms provided by the city.
(b) Review. The Zoning Administrator shall hold a public meeting. In their review of the request to remove a local register or landmark designation, the Zoning Administrator shall consider the criteria listed in this section. Upon rescission, any associated Historic Property Preservation Agreement (Mills Act agreement) will be cancelled.
(c) Criteria. The criteria listed in this section shall be used to determine whether to remove a resource from the local register or to rescind its local landmark designation.
(1) New documentation has been presented disproving the properties association with a significant person, event, or pattern of history or any other information upon which the resource was placed on the local register or given landmark status;
(2) Evidence has been presented that the property no longer retains its integrity, meaning that modifications and alterations to the resource have affected it’s location, design, setting, materials, workmanship, feeling or association that warranted its placement on the local register or its designation as a local landmark.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08; Ord. No. 2016-15, § 4, 10-26-16)
§ 33-796 Historical districts.
(a) Purpose. The purpose of designating historical districts is to provide recognition to an area or site that has several individual structures and improvements that contribute to a special aesthetic, cultural, architectural or engineering interest or value of an historical or archaeological nature.
(b) Eligibility. Any geographically definable area possessing a significant concentration or continuity of sites, buildings, structures, or objects unified by past events, or aesthetically by plan or physical development is eligible for historical district designation.
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(c) Zoning applicability. An historical district designation may be combined with any zoning district provided for in this title as an overlay to be shown on the zoning map. Development within an historical district overlay shall be subject to historical preservation provisions as set forth in this article, as well as to the regulations of the underlying zone. Where conflict occurs, the regulations set forth in this article shall apply.
(d) Identification. Markers displaying pertinent information about the district may be placed at various vehicular and pedestrian gateways into the historical district. The boundaries of an historical district may be shown on a zoning map as an overlay zone. A record of historical districts would be kept at the planning division and at the regional information center of the office of historic preservation or other agencies as required.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-797 Procedure and findings for designating an historical district. (a) Submittal. Any person may request the Planning Commission to designate a historical district. The request for designation shall be filed with the planning division on forms provided by the City.
(b) Review process.
(1) Initiation process. Upon receipt of a recommendation from the Planning Commission, the city council shall determine whether or not to initiate the designation process.
(2) Designation process. Upon city council initiation:
(A) A minimum of one public neighborhood meeting shall be held during the designation process.
(B) Following the appropriate neighborhood meetings and the completion of research for the district, the Planning Commission shall hold a duly noticed public hearing and shall forward its recommendation to the city council, who shall hold a duly noticed public hearing on the matter. Should the Planning Commission recommend that the area be designated an historical district; the report shall contain the following information:
(i) A map showing the proposed boundaries of the historical district and identifying all structures within the boundaries, contributing or noncontributing;
(ii) An explanation of the significance of the proposed district and description of the historical resources within the proposed boundaries;
(iii) Statements showing how the proposed historical district meets the findings set forth in this section.
(C) In their review of the request to designate a historical district, the Planning Commission and the city council shall consider the criteria listed in this section.
(c) Criteria. The city council may designate an area as an historical district if it finds that the proposed historical district meets all of the following criteria:
(1) The proposed historical district is a geographically definable area possessing a significant concentration or continuity of sites, buildings, structures, or objects unified by past events, or aesthetically by plan or physical development;
(2) The collective historical value of the proposed historical district ma y be is greater than that of each individual resource;
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(3) The proposed designation is in conformance with the purpose of the city's historic preservation provisions set forth in this article and the city's general plan.
(d) Notification of action. No later than five working days after city council action, the city council's decision shall be filed with the city clerk. A notice thereof shall be mailed to the applicant at the address shown on the application and to the owners of properties located within t he proposed historical district.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-798 Permits and permit procedures.
(a) It is unlawful for any person to tear down, demolish, construct, alter, remove or relocate any historical resource or any portion thereof that has been listed on the Escondido Historic Sites Survey, local register, designated a local landmark, or located within an historical overlay district or to alter in any manner any feature of such designated resource without first obtaining a permit in the manner provided in this article.
All repairs, alterations, constructions, restorations or changes in use of applicable historical resources shall conform to the requirements of the State Historical Building Code and the Secretary of the Interior's Standards for Rehabilitation.
(b) Unless otherwise exempted in this article, a certificate of appropriateness is required for any new construction, and/or alteration that would affect the exterior appearance of an historical r esource listed on the local register, or located within an historical overlay district, including back and sides, as well as street façade, even when a building permit is not otherwise required. Other permits, and /or review by the Planning Commission, may be required as prescribed in this article.
(c) Exemptions. A certificate of appropriateness is not required for routine maintenance (masonry tuck - pointing, and cleaning), installation of temporary fixtures (awnings and canopies, signs and plaques, light fixtures, portable spas, steps, and landscape accessories) and maintenance and removal of plantings and nonmature trees. Nor does this article prevent the construction, reconstruction, alteration, restoration, demolition or removal of any improvement when the city has been satisfied that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the State Historical Building Code.
(d) Submittal requirements for certificate of appropriateness. An application for certificate of appropriateness shall be filed with the planning division on a form provided by the city.
(e) Review processes. Following the planning division's receipt of a complete application, the director shall determine the appropriate review process as follows:
(1) Minor projects. Minor projects shall be subject to planning division staff administrative review. Minor projects include:
(A) Placement or removal of exterior objects and the restoration and exterior changes to materials (siding, brick, stucco, metal, etc.) and structures including porches (columns, cornices), roofs (covering, change in shape), any painting of exterior surfaces, satellite dishes, solar collectors, freestanding walls, fences and retaining walls, any modifications to historical signs, restoration and exterior changes to architectural details and decorative elements (fish scale, shingles, dentils, shutters), porches (trim, railing, ornamentation), exterior staircases, exterior doors, windows, skylights, mechanical systems (window units, exhaust fans, vents), storm windows and doors, security grilles, and fire escapes.
(B) Improvements and alterations to properties listed on the Escondido Historic Sites Survey outside a historical overlay district shall be subject to staff administrative review to ensure said improvements do 207
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not affect the project’s integrity such that they will maintain eligibility their ability to be placed on the local register.
(2) Major projects. Major project shall be subject to design review by the Director of Development Services, or their designee, unless otherwise noted below. Major projects include all new construction (primary structure, out-buildings), additions (including porch enclosures, dormers, etc.), removal, relocation, changes to the site (grading, parking lots, paving), public right-of-way improvements (curb and, gutter, sidewalks, street paving, driveways, curb cuts, stamped sidewalk), new freestanding signs, street furniture, and any project requiring a plot plan review.
(A) Major projects for properties located within a historical overlay district, and on the local register are subject to design review by the Planning Commission.
(B) Notwithstanding subsection (A) above, major projects for all other properties within a historical overlay district shall be subject to staff design review prior to a decision by the Director of Development Services, unless it is determined by the Director that the proposed project does not conform to the design guidelines for historic resources and therefore requires design review by the Planning Commission.
(C) Major projects for properties outside a historical overlay district but identified on the local register, shall be subject to staff design review prior to a decision by the Director of Development Services , unless it is determined by the Director that the proposed project does not conform to the des ign guidelines for historic resources and therefore requires design review by the Planning Commission.
(D) Major projects for properties listed on the Escondido Historic Sites Survey but outside a historic overlay district and not on the local register, shall be subject to staff administrative review to ensure said improvements do not affect a property’s integrity such that they would be ineligible for inclusion on the local register at a future time.
(3) Discretionary projects requiring a public hearing. Discretionary projects requiring a public hearing shall be acted on by the ultimate decision maker of the discretionary application.
(f) Notification of action. The determination by planning division staff shall be documented by the issuance of a certificate of appropriateness that outlines the approved work, or a written statement giving the reasons for disapproval.
(g) Appeal. The director's decision may be appealed to the planning commission. Appeals shall be filed within 10 days of notification of action and noticed in accordance with section 33-1303 of this title.
(h) Findings. A certificate of appropriateness may be issued if planning division staff, Planning Commission, or the city council makes the following findings:
(1) All of the following:
(A) The proposed alteration or improvement is consistent with the design guidelines for historic resources,
(B) The action proposed is consistent with the purposes of historical preservation as set forth in this article and with the general plan,
(C) The action proposed retains the historical and/or architectural value and significance of the landmark, historical building, or historical district,
(D) The action proposed retains the texture and material of the building and struct ure in question or its 208
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appurtenant fixtures, including signs, fences, parking, site plan, landscaping and the relationship of such features to similar features of other buildings within an historical district,
(E) The proposed project is compatible in its location of buildings and structures with the location of the street or public way and the location and arrangement of other buildings and structures in the neighborhood,
(F) If located within an historical district, the proposed project conforms to the design guidelines established for the district; or
(2) The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord.
No. 2020-31R, § 6, 1-13-21)
§ 33-799 Incentives for preserving historical resources. (a) Historic register incentives program. To support the preservation, maintenance and appropriate rehabilitation of historical resources and thus carry out the purposes of this article, the Director of Development Services may develop and recommend incentives for city council adoption. The type and availability of incentives vary from time to time.
(b) Eligible resources. Resources listed on the local register of historical places, including local historical landmarks and properties located within an historical district, may be eligible for incentives.
(c) Submittal requirement. Requests for an incentive shall be filed in writing with the planning division.
The request shall include the consent of the owner of the historical resource and information needed to determine whether the resource qualifies for the requested incentive.
(d) Repayment required. Monies granted as an incentive to preserve an historical resource pursuant to this article shall be repaid to the city following the Zoning Administrator’s approval to remove the historical designation of said historical resource or the HPC's approval of its demolition.
(e) Authority. City Manager and/or their designee has authority to execute agreements and/or contracts necessary for the historic register incentive programs.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-800 Duty to keep in good repair.
(a) Maintenance regulations. The owner, lessee, or other person legally in possession of an historical resource on the local register or on the survey within an historical district shall comply with all applicable codes, laws and regulations governing the maintenance of property and shall secure the property against trespassers. Additionally, it is the intent of this section to preserve from deliberate or inadvertent neglect, the exterior features of buildings on the local register or on the survey within an histori cal district, and the interior portions thereof when such maintenance is necessary to prevent desecration and decay of the exterior. All such buildings shall be preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:
(1) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;
(2) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split, or buckle due to defective material or deterioration;
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(3) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
(4) Defective or insufficient weather protection for exterior wall covering, including lack of paint or other protective covering;
(5) Any fault or defect in the building that renders it not properly watertight or structurally unsafe. (Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-801 Demolishing an historical resource.
(a) Demolition permit required. No historical resource shall be demolished prior to obtaining a demolition permit issued pursuant to section 33-802 or 33-803, pertaining to emergency or non-emergency removal of historical resources, respectively.
(b) Status of historical significance designation. In all cases, demolishing a local register resource shall automatically remove the local register and landmark designation unless the Planning Commission determines that the site should be retained for potential monumentation.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-802 Procedure for obtaining an emergency demolition permit. (a) Submittal. A request for a demolition permit involving an historic resource that has been subject to a catastrophic event, as defined in this article, shall be submitted in writing to the planning division and shall include the property owner's authorization for submittal.
(b) Review. On a case-by-case evaluation and upon consultation with a minimum of two City staff members, comprised of either the Chief Building Official, Fire Marshal, and/or City Planner, the Director of Development Services may, without a public hearing, issue a permit for a complete or partial demolition of an historical resource if it is determined that the catastrophic event has rendered said resource immediately hazardous and dangerous and/or detrimental to the public health and/or safety as defined in the latest adopted California Building Code or California Housing Law. The Director may request additional documentation from the applicant for evaluation of the historical resource.
(c) Considerations for demolition. In determining the appropriateness of demolishing a resource under this emergency provision, the director of development services shall give consideration to demolishing only those portions of a resource that are immediately hazardous, thereby allowing for the preservation/reconstruction of non-hazardous portions. The director shall also consider whether the damage to the resource is so substantial that it alters the historic character of the resource.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08; Ord. No. 2018-07R, § 7, 4-18-18)
§ 33-803 Procedure and findings for obtaining a nonemergency demolition permit. (a) Submittal. When staff receives a request for non-emergency demolition of an historic resource, staff shall perform a preliminary assessment to determine if the resource is significant in concert with the city's Environmental Quality Regulations. Staff may employ a registered historian to help make this determination. If the site is determined not to be significant, the demolition permit will be considered at staff level after appropriate environmental review has been publicly noticed and issued and photo documentation to the city's satisfaction has been performed. If the historic resource is determined to be significant or if staff's decision to approve the demolition permit is appealed, an application for a nonemergency demolition permit shall be submitted in writing to the planning division using forms provided by the city.
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(b) Review. The Planning Commission and city council shall each hold a duly noticed public hearing prior to the demolition of a significant historic resource. The applicant shall provide, at a minimum, the following items to the satisfaction of the Director of Development Services or designee:
(1) Advertisement of the resource's availability in at least one local newspaper and the San Diego Daily Transcript, published for a minimum period of two weeks prior to the Planning Commission public hearing and/or City Council public hearing;
(2) Research into the feasibility of relocating a significant resource within the community including a licensed contractor's bid for the cost of moving the resource. For structures the research shall include cost of improving the structure to meet relevant building code standards;
(A) In the case of a demolition application involving an income-producing property, whether the owner can obtain a reasonable return from the property without the granting of a demolition permit.
(c) Findings. The city council may approve a demolition request upon making finding number 1, 4, and 5, and either number 2 or 3:
(1) That the City of Escondido's inventory of significant historical resources is not diminished by the demolition of the subject resource, and that there remains in the community a like resource, i.e., use, site, architectural style, or example of an architect's work;
(2) That all feasible economic and physical alternatives to demolition have been evaluated, and that the applicant has shown that there is no alternative left to pursue, other than demolition;
(3) That the continued existence of the historical resource is detrimental to the public health, safety and welfare;
(4) If the property is approved for demolition, the Historical Society and/or other appropriate historic agency has access to the building to retrieve any historic material, and to provide photo documentation o f the resources conducted according to Historic American Building Survey (HABS) specifications;
(5) The applicant shall have, or will have a plot plan or development plan approved by the city prior issuance of a demolition permit.
(d) Notification of action. No later than five working days following the city council action, the decision of the city council shall be filed with the city clerk and a notice thereof shall be mailed to the applicant at the address shown on the application.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2003-35, § 4, 12-3-03; Ord. No. 2008-16, § 4, 7-16-08; Ord.
No. 2018-07R, § 7, 4-18-18; Ord. No. 2018-20, § 7, 11-28-18)
§ 33-804 Enforcement and penalties.
(a) Abatement. The procedures set forth in Chapter 6, Article 7 of the Escondido Municipal Code governing unsafe, dangerous or substandard buildings, whether in commercial or residential use, shall be applicable to any violations of sections 33-800 and 33-801.
(b) Misdemeanor. It is unlawful for any person or entity to maintain any building or demolish a historical resource listed on the local register or on the survey within an historical district in violation of sections 33 - 800 and 33-801, respectively. Any such violation constitutes a misdemeanor punishable as set forth in Section 1-13 of the Escondido Municipal Code. Each day of violation constitutes a separate offense and may be separately punished. The chief building official and code enforcement officer are au thorized to 211
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exercise the authority in California Penal Code Section 836.5 and to issue citations for violation of this section.
(c) Additional remedies.
(1) In addition to any other remedies provided herein, any violation of this chapter may be enforced by civil action brought by the city. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein are cumulative and not exclusive. In any such action, the city may seek as appropriate, one or both of the following remedies:
(A) A temporary or permanent injunction, or both;
(B) Assessment of the violator for the costs or any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; and
(2) In addition to any other remedies provided herein, in the event an historic resource is completely demolished in violation of this chapter, a penalty may be imposed in which no building or construction related permits shall be issued for the property upon which the demolition took place, for a period of three years from the date of demolition. Said penalty shall be enforced by civil action filed by the city attorney and adjudicated by a court of competent jurisdiction. A demolition shall be presumed to have occurred on the date that the city had actual knowledge of the demolition.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-805 Historic Street markings.
(a) In order to preserve the integrity of historic street markings throughout the City of Escondido, the following procedures shall be followed:
(1) The current and proposed locations of the existing historic street marking shall be clearly noted on the improvement plan. If neither improvement plans nor a site development review plan is required for the development, the applicant shall submit a letter and location map to the planning division 10 days prior to the construction of any new improvements. The planning division shall review the request and inform the appropriate departments of the restrictions.
(2) In addition, a one-thousand-dollar ($1,000.00) security bond shall be submitted to the engineering division prior to building permit issuance to ensure that the street marking is properly preserved.
(3) Efforts shall be made to preserve a marking in its original location. However, if the director of community development concurs that no other alternative exists but to relocate the marking, the applicant shall:
(A) Saw-cut the entire street marking out in one piece and reinstall it as part of the new walk as close as possible and within context of its original location; or
(B) Saw-cut the entire street marking out in one piece and reinstall it adjacent to the new walk as close as possible and within context of its original location.
(4) The planning division shall review the request and inform the appropriate departments of the restrictions. The public works department will ensure that the work is correctly done during reconstruction of the curb, gutter, sidewalk and sidewalk pattern.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08; Ord. No. 2018-07R, § 7, 4-18-18) 212
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§ 33-806 Public notification.
Unless otherwise specified in this article, notices of public hearings held pursuant to this article shall be published and mailed in accordance with section 33-1300(a) and (c) of this title.
(Ord. No. 2000-23, § 4, 9-13-00; Ord. No. 2008-16, § 4, 7-16-08)
§ 33-807 through § 33-809. (Reserved)
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Attachment "1"
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Article 61 (Administration and Enforcement)
Section 33-1319 (Powers and duties and procedure) of Division 9 of Article 61 of Chapter 33 of the Escondido Municipal Code is hereby amended and a new subsection, (a)(9), is hereby added as follows:
33-1319 Powers and duties and procedure.
(a) The zoning administrator is authorized to consider and approve, disapprove or modify applications and/or issue use permits, for requests that include, but are not limited to:
(1) Minor conditional use permits as defined in Division 1 of this article; (2) Minor conditional use permits for non-residential parking pursuant to section 33-764 of Article 39; (3) Variances as defined in Division 2 of this article; (4) Reasonable accommodation as provided in Division 5 of this article; (5) Grading exemptions not associated with a discretionary project pursuant to section 33 -1066(d) of Article 55;
(6) Proposed modifications to an approved precise development plan pursuant to section 33-411 of Article 19;
(7) Time extensions for maps and permits, except those maps and permits initially approved by the director as specified in this article and Chapter 32, upon submittal of a written request for an extension request, justification statement, and payment of all required application fees; (8) Comprehensive sign programs as specified in section 33-1392(c) of Article 66; (9) Listing and removal of historical resources on the City of Escondido Local Register of Historical Places pursuant to section 33-794 of Article 40.
(b) The zoning administrator is authorized to consider and adopt a negative declaration or mitigated negative declaration, prepared pursuant to CEQA and Article 47 of this chapter, upon completion of the CEQA public review period, for administrative projects that do not require a public hearing. (c) The zoning administrator shall have the power to adopt all rules and procedures necessary for the conduct of the administrator's business.
(1) The zoning administrator shall schedule public hearings as needed. (2) The zoning administrator shall hold a hearing, issue a notice of intended decision, or take an administrative action on an application as required pursuant to this chapter for the specific type of request.
(3) The decisions of the zoning administrator shall be filed in the planning division and a copy provided to the applicant at the address shown on the application.
(4) Actions of the zoning administrator may be appealed to the planning commission
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Attachment "1"
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Article 64 (Design Review)
Article 64 of Chapter 33 of the Escondido Municipal code is hereby amended and a new Section, 33-1370, is hereby added as follows:
Section 33-1370 Design review in Historic Overlay districts
Any and all references to the design review process in any adopted historic overlay district shall be reviewed by the planning commission or city staff, and shall be subject to rules and procedures outlined in Article 40, Historical Resources.
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Attachment "1"
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Article 65 (Old Escondido Neighborhood)
Section 33-1381 (Appeal) of Article 65 of Chapter 33 of the Escondido Municipal code is hereby repealed in its entirety and replaced as follows:
§ 33-1381 Appeal.
Staff review decisions may be appealed to the Planning Commission. Planning Commission decisions may be appealed to city council pursuant to section 33-1303 of this zoning code.
(Ord. No. 91-58, § 1, 12-18-91; Ord. No. 2011-19R, § 5, 1-11-12)
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Attachment "1"
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STAFF REPORT
February 21, 2024
File Number 0810-20
SUBJECT
REPEAL OF ESCONDIDO MUNICIPAL CODE CHAPTER 33, ARTICLE 40, SECTION 33-791, HISTORIC
PRESERVATION COMMISSION
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council introduce Ordinance No. 2024-03 to repeal Escondido Municipal Code Chapter 33, Article 40, Section 33-791, Historic Preservation Commission.
Staff Recommendation: Approval (City Clerk: Zack Beck)
Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE – Yes, L and Use/Development
COUNCIL PRIORITY – Encourage Housing Development
PREVIOUS ACTION
On February 7, 2024, the City Council voted 5- 0 to approve the Boards and Commissions Subcommittee recommendation to align with the Comprehensive Economic Development Strategy and Council Priorities by dissolving the Historic Preservation Commission and transferring their responsibilities to the Planning Commission, Zoning Administrator and Staff with criteria for Certificates of Appropriateness on Major Projects.
BACKGROUND
On August 19, 2020, the City Council formed a Boards and Commissions Subcommittee and assigned then Mayor Paul McNamara and Councilmember Consuelo Martinez to serve on it. The Subcommittee was tasked with reviewing the function of the City’s Boards and Commissions in order to provide recommendations to make the commissions more efficient and effective to the full Council as needed. 34 Item7.
On December 15, 2021, the City Council approved the following Boards and Commissions Subcommittee recommendations: 2-year terms for all commissions, uniform bylaws for all commissions, expansion to seven members for all commissions and an annual meeting between City Council and Commissioners. The Attachment "2"
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2-year terms, uniform bylaws and expansion to seven members were not applicable to the Planning Commission and Library Board of Trustees, as they are both governed by State Law.
On April 12, 2022, Development Services Staff presented the concept of dissolving the Historic Preservation Commission (HPC) to the Boards and Commissions Subcommittee. Staff noted that the HPC experienced challenges with recruiting qualified candidates and making quorum for meetings which resulted in certain projects being delayed. The Subcommittee decided to observe the HPC for a bit longer before making a dissolution recommendation to the full Council.
After the 2022 Election, Mayor White replaced former Mayor Paul McNamara on the Boards and Commissions Subcommittee. The Subcommittee met throughout 2023 and specifically reviewed the HPC.
The Subcommittee reached a conclusion that they would recommend dissolving the HPC and transfer certain historic preservation responsibilities to the Planning Commission and other responsibilities to staff (Attachment “1”).
The primary purpose for dissolving the HPC is to bring the City into better alignment with the Comprehensive Economic Development Study (CEDS). The CEDS identified that the City of Escondido’s process for permitting housing is slow as stated below:
“Slow Housing Permitting In a region with strong housing demand, the pace of housing permitting in Escondido is slow, relative to its peers. In terms of economic or demographic fundamentals, the City does not face any significant barriers to permitting new housing. Even Measure S, which is sometimes linked to the City’s land use status quo, cannot obviously be linked to slow permitting. Inte rviews with planning officials and other city leaders indicate that there is widespread commitment towards increasing the number of housing units on the market. Indeed, since 2017 there has been a marked improvement in permits issued. However, neighboring cities still do better in this regard, especially in the multi-family category. Slow permitting has two major effects on the Escondido economy. First, it makes the City more expensive and therefore less attractive to younger working families who might otherwise bring incomes and the ‘workforce of tomorrow’ into the City. The City will be less attractive to families if it continues to lock them out of home ownership. Second, it represents an unnecessary drag on the construction industry.
Construction added more jobs than any other sector between 2016 and 2021, but it would have added even more if Escondido permitted more housing. Slow permitting is also somewhat related to the ability of Escondido to provide adequate housing to its residents. Community respondents, especially from the business sector, reported concerns about public homelessness. A small part of this problem can be connected to barriers (in Escondido and across California) to the construction of new housing units.” By transferring historic preservation responsibilities to the Planning Commission and staff, it should lead 35 Item7.
to a more expeditious approval process. This also aligns with City Council priority to Encourage Housing Development.
Attachment "2"
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There are unique qualifications for the HPC as listed here: Boards & Commissions - City of Escondido and fortunately, we have recently been able to fill the seats with qualified candidates. The current Historic Preservation Commissioners are actively engaged and doing their best with limited resources, staff liaison turnovers and bi-monthly meetings. The recommendation of the Subcommittee to dissolve the HPC is not a reflection of its displeasure with the current commissioners, rather it is intended to make the City more efficient by aligning processes and polices with the Comprehensive Economic Development Study and Council Priorities.
At the request of the Subcommittee, the City Clerk informed the Historic Preservation Commissioners about the possibility of dissolution at the November 16, 2023 meeting. In addition, the City Clerk provided background information about the possible HPC dissolution to the Old Escondido Neighborhood Group as well as the Planning Commission. Planning Commission discussed the potential dissolution of the Historic Preservation Commission (“HPC”) during their January 9th and January 23rd regularly scheduled meetings. During these discussions, the commission discussed the benefits of historic preservation within the City, potential issues associated with the dissolution of the HPC, and what obstacles the HPC may present to residential development within the City. The Planning Commission did not vote on a formal recommendation regarding the HPC.
The Subcommittee is committed to historic preservation which is why they propose transferring HPC responsibilities to the Planning Commission. This will encourage the Planning Commission to view projects through a historical lens, with the goal being a more cohesive vision for development that reflects Escondido’s vibrant community.
ORDINANCES
a. Ordinance No. 2024- 03
ATTACHMENTS
a. Attachment “1” – Delegation of HPC Responsibilities
36 Item7.
Attachment "2"
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ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, REPEALING ESCONDIDO
MUNICIPAL CODE CHAPTER 33, ARTICLE 40, SECTION 33-
791, HISTORIC PRESERVATION COMMISSION
The City Council of the City of Escondido, California does ordain as follows:
SECTION 1. The City Council makes the following findings:
a) That Escondido Municipal Code Chapter 33, Article 40, Section 33 -791, Historic Preservation Commission is hereby repealed.
SECTION 2. SEVERABILITY. If any section, subsection sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.
SECTION 3. As of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
37 Item7.
Attachment "2"
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PROPOSED DELEGATION OF HISTORIC PRESERVATION RESPONSIBILITIES Action/Task Current Final Authority on Action Proposed Final Authority on Action Designating Local Register or Local
Landmark
Historic Preservation Commission, with
planning staff recommendation
Zoning Administrator (ZA), with planning
staff recommendation
Rescinding Local Register or
Landmark Status Historic Preservation Commission Zoning Administrator with planning staff recommendation
Designation of a Historic District City Council with Historic Preservation Commission recommendation
City Council with Planning Commission
recommendation
Certificate of Appropriateness (Major
Projects)
Director with Historic Preservation
Commission recommendation
Director, with criteria to elevate to PC
for Design Review
Certificate of Appropriateness w/
discretionary action
Final decision maker authority (based on
discretionary action) with Historic
Preservation Commission recommendation
Final decision maker
Emergency Demolition Permit Two HPC commissioners,
architect/engineer, and the Director
Chief Building Official, City Planner, Fire
Marshall, and the Director
Non-emergency demolition permit for
non-significant structure Planning staff Planning staff Non-emergency demolition for
significant resource
City Council with Historic Preservation
Commission recommendation
City Council with Planning Commission
recommendation
Mills Act Contracts City Council with Historic Preservation Commission recommendation
City Manager and/or their designee with
planning staff recommendation
Attachment "1"
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Attachment "2"
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Attachment “3”
CITY OF ESCONDIDO
PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4671
Notice of Exemption
To: Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Hwy, Room 260
San Diego, CA 92101
MS: A-33
From: City of Escondido
Planning Division
201 North Broadway
Escondido, CA 92025
Project Title/Case No: Zone Text Amendment (Article 40 Revisions)/PL24-0017
Project Location - Specific: Citywide
Project Location - City: Escondido Project Location - County: San Diego
Description of Project : A request for approval of amendments to the Escondido Zoning Code including Article 40 (Historical Resources), Article 61 (Administration and Enforcement), Article 64 (Design Review), and Article 65 (Old Escondido Neighborhood). Such text updates are relat ed to dissolution of the Historic Preservation Commission, reassignment of historic preservation responsibilities to the Planning Commission, Zoning Administrator, and/or City staff, permitting the Zoning Administrator to list properties on the Local Regis ter of Historical Places, permitting the Planning Commission to conduct design review on specific projects, and clarifying the appeal process for staff approvals of projects, respectively.
Name of Public Agency Approving Project: City of Escondido
Name of Person or Agency Carrying Out Project:
Name: City of Escondido, Development Services Department/Planning Division
Address: 201 N. Broadway, Escondido, CA 92025 Telephone: 760-839-4529
Private entity School district Local Public Agency State agency Other special district
Exempt Status: The project is categorically exempt pursuant to CEQA Guidelines section 15061 (Common Sense Exemption) and Section 33-922(c)(1) of Article 47 (Environmental Quality) of the Escondido Zoning Code.
Reasons why project is exempt: The proposed amendments to the Escondido Zoning Code including Article 40 (Historical Resources), Article 61 (Administration and Enforcement), Article 64 (Design Review), and Article 65 (Old Escondido Neighborhood) qualify for an exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (“Common Sense Exemption”) and Section 33-922 (c)(1) of the Article 47 (Environmental Quality) of the Escondido Zoning Code as it can be seen with certainty that the proposed action consisting of minor municipal code amendments will not have a significant effect on the environment. The proposed changes are nominal in nature as no programs or development standards or requirements would be modified. The proposed changes would entail changes to review- and decision-making authority for the purposes of dissolving an advisory commission on historic preservation.
The City would continue to implement such historic preservation regulations and requirements outlined within Article 40 of the Escondido Zoning Code, consistent with the City’s General Plan.
Lead Agency Contact Person: Ivan Flores Area Code/Telephone/Extension: 760-839-4529
Signature:
Ivan Flores, AICP Date
Senior Planner
Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
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STAFF REPORT
April 17, 2024
File Number 0110-10
SUBJECT
APPROVAL OF THE ESCONDIDO POLICE DEPARTMENT MILITARY EQUIPMENT REPORT AND ADOPTION OF ORDINANCE NO. 2024-04
DEPARTMENT
Police
RECOMMENDATION
It is requested that the City Council adopt Ordinance No. 2024-04 approving the Escondido Police Department Annual Military Equipment Report in accordance with state law requirements as set forth in Assembly Bill No. 481 (“AB 481”).
Staff Recommendation: Approval (Chief of Police: Edward Varso) Presenters: Edward Varso, Chief of Police, Erik Witholt, Police Captain, and Lisa Rodelo, Assistant Director Of Police Support Services
ESSENTIAL SERVICE – Yes, Police Services
COUNCIL PRIORITY –Improve Public Safety
FISCAL ANALYSIS
There are no additional costs associated with this new state requirement.
PREVIOUS ACTION
Ordinance No. 2022-07 was reviewed, adopted and approved by the City Council on April 20, 2022.
Ordinance No. 2022-07 was then renewed by City Council on May 10, 2023.
BACKGROUND
Establishment of AB 481
On September 30, 2021, Governor Newsom approved AB 481 to require, beginning May 1, 2022, a law enforcement agency to seek approval to fund, acquire, and use military equipment as defined in the new law.
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Assembly Bill 481 added three sections to the California Government Code statutes to address the use of military equipment by a local police force. Cal. Govt. Code section 7070 broadly defines military equipment to include items that are commercially available products. The military equipment used by the Department is commonly used by other law enforcement agencies, may be available for sale to the general public, and helps the Department keep the community safe.
California Govt. Code section 7071 provides the requirements for a military use policy and an annual review by the City Council. The City Council must determine a military use policy demonstrates that:
a. The equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. The policy will safeguard the public’s welfare, safety, civil rights and civil liberties. c. If purchasing the equipment, it must be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. d. Prior military equipment use complies with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military use policy, corrective action taken to remedy the nonconforming uses and ensure the future compliance.
The Escondido Police Department is committed to using the most up -to-date tools and equipment to safeguard the community. Equipment now defined as “military equipment” has been used by the Department and other law enforcement agencies across the country on a daily basis. These items provide peace officers with the ability to safely resol ve volatile situations which otherwise might rise to a higher level of force including a lethal force encounter. To that end, the items at issue in this report, and accompanying military equipment use policy, also provide the Department’s peace officers with vital tools that facilitate compliance with the Department’s stringent use of force policy. For example, Escondido Police officers have faced gun fire from suspects for prolonged incidents which required the use of armored/ballistic vehicles to protect the officers and community members. The protection with ballistic equipment allows for more time and opportunity to attempt to de -escalate situations and provide for safer tactics to resolve life threatening events in the safest way possible to both office rs and community members.
California Govt. Code section 7072 requires an annual military equipment report. In an effort to promote community engagement , the De partment posted the Military Equipment Use Policy on its internet website on March 14, 2024, and conducted a public meeting on April 9, 2024, in the Mitchell Room at City Hall; however, no members of the public attended the meeting.
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How the Police Department Uses AB 481 Equipment to Help the Community • The Escondido Police Department utilizes military equipment in its mission to protect the community through exceptional police service.
• This equipment is acquired with careful consideration and intention. • It is acquired and authorized when there is no reasonable alternative that can achieve offi cer and civilian safety.
• AB 481 provides important public information and input regarding how military equipment is funded, acquired, and used.
Escondido Police Department (EPD) Military Equipment Includes:
EPD has the following items: EPD does NOT have the following items • Drones
• Robotic Platform
• Incident Command Vehicles
• Armored Personnel Carriers
• Breaching Equipment
• Patrol and SWAT Rifles
• Flashbangs
• Long Range Acoustic Device
• 40mm Launchers
• Mine-resistant ambush-protected vehicles
(MRAP Vehicles)
• Humvees
• Tracked armored vehicles
• Weaponized aircraft, vessels, or vehicles
• Firearms or ammunition of .50 caliber or
greater
• Firearm designed to launch explosive
projectiles
Escondido Police Department’s Commitment to the Community The Escondido Police Department has received no complaints regarding the acquisition and use of military equipment since Ordinance No. 2022-07 was renewed by Council last year.
All military equipme nt will be used in accordance with general and, when appropriate specific, Department Instructions. The Department Instruction on Use of Force provides overarching guidance and specific orders for all Department police officers including:
Law enforcement officers shall be guided by the principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a suspect who is uncoo perative or actively resisting, may attempt to flee, poses a danger to others, or poses a danger to themselves, they should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the need to use a higher level o f force to resolve the 209
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situation safely. The highest priority of California law enforcement is safeguarding the life, dignity, and liberty of all persons, without prejudice to anyone. Every person has a right to be free from excessive use of force by officers acting under color of law.
The acquisition and use of military equipment is intended to avoid the use of force whenever possible and when authorized, to use the least amount of force necessary.
Your action today, to adopt Ordinance No. 2024-04 and approve the Escondido Police Department Annual Military Equipment Report in accordance with state law requirements a s set forth in AB 481, will allow the Police Department to continue using this vital equipment in its mission to protect the community.
ORDINANCES
A. Ordinance No. 2024-04
B. Ordinance No. 2024-04 Exhibit “A” Escondido Police Department Instruction 1.55, Military Equipment Use policy; including Appendix A and Exhibit 1 (Revised March, 2024).
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ORDINANCE NO. 2024-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING AND ADOPTING
THE ESCONDIDO POLICE DEPARTMENT MILITARY
EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 to regulate the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code section 7070 et seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and WHEREAS, California Government Code section 7070 defines the terms “military equipment” and establishes the minimum requirements for a “military equipment use policy”; and WHEREAS, California Government Code section 7071 requires the governing body determine, prior to approving a military equipment use policy, the following:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 211
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d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, California Government Code section 7071 also requires a law enforcement agency make the proposed policy available on the agency’s internet website 30 days prior to a public hearing concerning military equipment and shall commence the governing body approval process by May 1, 2022; and
WHEREAS, the Escondido Police Department (“Department”) published the initial Department Instruction 1.55, Military Equipment Use Policy, on the Department’s internet website on March 14, 2022; and
WHEREAS, the Escondido Police Department, consistent with Government Code section 7072, posted the proposed renewed Military Equipment Use Policy, attached and incorporated herein as Exhibit “A”, on its internet website on March 14, 2024, and conducted a public meeting event on the proposed renewed policy in the Mitchell Room at City Hall on April 9, 2024.
NOW, THEREFORE, the City Council of the City of Escondido hereby ordains as follows:
SECTION 1. That the recitals set forth above are true and correct and are incorporated as though fully set forth herein.
SECTION 2. That proper notices of a public hearing have been given and public hearings have been held before the City Council on this issue.
SECTION 3. The City Council has duly reviewed and considered all evidence submitted at 212
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said hearings, including, without limitation:
a. Written information;
b. Oral testimony from City staff, interested parties, and the public; c. The current staff report dated April 17, 2024, which along with their attachments are incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the Public Hearing.
SECTION 4. The City Council makes the following specific findings:
a. The City Council acknowledges the Department’s Use of Force Policy affirms, “The highest priority of California Law Enforcement is safeguarding the life, dignity, and liberty of all persons, without prejudice to anyone.”
b. The equipment included in the Department’s Military Equipment Use Policy are commonly used by Law Enforcement Agencies throughout the country to protect and serve the community as safely and efficiently as possible.
c. The equipment identified in the proposed Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
d. The proposed Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
e. The military equipment identified in the proposed Military Equipment Use Policy 213
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is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
f. Prior military equipment used by the Department complied with the military equipment use policy that was in effect at the time.
g. The Department shall, within budgetary constraints, acquire, fund, and use replacement consumable supplies at levels listed as Authorized quantities in the proposed Military Equipment Use Policy to allow timely and cost-effective resupply of necessary equipment and supplies. h. The Department shall, within budgetary constraints, replace old, broken, obsolete, worn, or damaged equipment, one for one, so long as the replacement equipment provides similar uses, characteristics and capabilities, and will not significantly change or impact the public’s welfare, safety, civil rights or civil liberties.
i. The Department shall seek and apply for local, state, or federal funding, typically grants, and shall continue the traditional practice of notifying the City Council when the Department succeeds in obtaining additional funding through the budget adjustment process. j. The Department’s Military Equipment Use Policy is approved.
SECTION 5. 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.
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SECTION 6. That as of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 7. 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 published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
SECTION 8. This Ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage.
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Ordinance No. 2024-04
ESCONDIDO POLICE DEPARTMENT INSTRUCTION
DATE: 02-23-23
Exhibit "A"
NO: 1.55 ADMINISTRATION
TO:
ALL PERSONNEL
SUBJECT:
MILITARY EQUIPMENT USE POLICY
ORIGIN:
CHIEF OF POLICE
RETAIN:
UNTIL FURTHER NOTICE
This Department Instruction supersedes Department Instruction 1.55, dated May 1, 2022.
I. PURPOSE
This policy establishes guidelines for the acquisition, funding, use and reporting of “military equipment,” as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 (“AB 481”). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to complian ce, annual reporting, cataloging, and complaints regarding these items.
II. OVERVIEW
The Escondido Police Department utilizes military equipment in its mission to protect the community through exceptional police service. This equipment is acquired with careful consideration and intention. Military equipment is acquired and authorized when there is no reasonable alternative that can achieve officer and civilian safety. AB 481 provides important public information and input regarding how military equipment is funded, acquired, and used.
III. POLICY
It is the policy of the Escondido Police Depart ment that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
IV. DEFINITIONS
A. California Government Code section 7070 defines “Military Equipment” as:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or 216
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Ordinance No. 2024-04
Exhibit "A"
wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized f irearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a City Council or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
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B. California Government Code section 7070 states “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enf orcement agency or the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
V. GENERAL
A. In accordance with California Government Code section 7071, the Department shall obtain approval of the City Council annually, by ordinance, at a regularly meeting, prior to engaging in any of the following activities:
1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for military equipment including, but not limited to: grant funds; private, local, state, or federal funds; in-kind donations; or other 218
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donations or transfers.
3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City Council.
5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council pursuant to general order.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
7. Acquiring military equipment through any means not provided in California Government Code section 7071.
B. In seeking the approval of the City Council, the Escondido Police Department shall submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
VI. MILITARY EQUIPMENT REPORTING
A. The Department shall submit an annual military equipment report to City Council that addresses each type of military equipment possessed by the Department.
1. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use.
2. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use.
b. A summary of any complaints or concerns received concerning the military equipment.
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 219
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d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the cal endar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment.
f. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
3. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment.
B. The Department’s annual report is attached as Appendix A.
VII. CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Escondido Police Department shall be cataloged in a way which addresses each of the following requirements:
1. The manufacturer’s description of the equipment.
2. The capabilities of the equipment.
3. The purposes and authorized uses for which the Department proposes to use the equipment.
4. The expected lifespan of the equipment.
5. The fiscal impact of the equipment, both initially and for on-going maintenance.
6. The quantity of the equipment, whether maintained or sought.
VIII. COMPLIANCE
A. The use of military equipment is subject to individual Department Instructions, and is restricted for use only in certain instances and in some cases, only by certain units. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe resolution.
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B. Department members are bound to adhere to Department Instructions, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or Department Instructions may result in criminal or administrative investigations and/or actions.
C. Administrative Investigations concerning complaints related to military equipment will be conducted in accordance with Department Instruction 1.12 – Civilian Complaint Reception and Investigation Procedure. These investigations will be reviewed by the Chief of Police to ensure that compliance with this military equipment procedure is maintained.
D. Any corrective action or discipline imposed as a result of a violation of this Department Policy will be administered in accordance with Department Instruction
1.12, relevant labor agreements, City Personnel Rules, and state law.
E. The Chief of Police is responsible for the use of military equipment. He is directly supervised by the City Manager who has independent oversight authority. The City Council appoints the City Manager who holds office at and during the pleasure of the council. The City Attorney also serves at the pleasure of the City Council and provides independent legal advice to the Chief of Police, the City Manager, and the City Council.
X. COMPLAINTS, INQUIRIES, QUESTIONS
A. In some instances, the application and use of military equipment can cause questions and/or concerns for members of the community. It is of vital importance that community members’ questions regarding the application and use of military equipment are addre ssed. The Escondido Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints.
Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.
B. Complaints directly related to the application or use of military equipment shall be handled in accordance with Department In struction 1.12 – Civilian Complaint Reception and Investigation Procedure.
1. Members of the public may make complaints in any form; including use of the department’s online complaint form
(https://www.police.escondido.org/file-a-complaint.aspx), in person, in writing, by email or by phone.
2. The Internal Affairs Unit will maintain statistical data concerning the number and types of complaints regarding military equipment.
C. The Escondido Police Department values open communication and transparency. 221
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Community questions and/or concerns regarding the application and use of specified military equipment should be addressed in the following manner:
1. Via the Department internet website where the public can email specific military equipment related questions to the Department.
2. At pre-determined Community Engagement Meetings related to military equipment.
3. At City Council Meetings related to military equipment.
4. In all other circumstances, the public should be directed to the Department’s Military Equipment Use Policy available on the Department’s internet website.
X. FUNDING
The Department shall seek City Council approval for military equipment funding, including, but not limited to: grant funds; private, local, state, or federal funds; in -kind donations; or other donations or transfers.
XI. USE OF MILITARY EQUIPMENT WHEN COLLABORATING WITH OUTSIDE
AGENCIES
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
1. Department members are required to adhere to the Department’s Military Equipment Use Policy and all policies and procedures outlined within the Escondido Police Department Instructions, regardless of operational jurisdiction.
2. Should the Escondido Police Department request mutual aid from another law enforcement agency and military equipment is required during the course of the response, the following shall apply:
a. The Escondido Police Department shall remain in charge of the overall incident command.
b. The Incident Commander or designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.
c. The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment. 222
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d. If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mu tual aid or re - assign the assisting agency to a different support mission.
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Appendix A
Escondido Police Department
Annual Military Equipment Report
Calendar Year 2023
Assembly Bill 481 added three section to the California Government Code statutes to address the use of “military equipment” by a local police force. Cal. Govt. Code section 7070 defines both “military equipment” and “military equipment use policy.” Cal. Govt. Code section 7071 provides the requirements for a military use policy and an annual review by the City Council. Cal. Govt.
Code section 7072 requires an annual military equipment report and a community engagement meeting prior to the City Council’s approval of the report. Each law addresses the subject from a slightly different perspective. This report seeks to address all the requirements required by AB 481 The report is organized into sections that correspond to the Cal. Govt. Code section 7072 requirements.
I. Summary of how the military equipment was used and the purpose of its use.
a. Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance community and officer safety.
Loss of these items would jeopardize the safety and welfare of peace officers and make communities less safe. The term “military equipment,” as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. In fact, federal law requires that any equipment actually provided by the Department of Defense be demilitarized prior to transfer to a civilian law enforcement agency. The Department does have two vehicles previously owned by federal agencies, one from the D epartment of Defense and one from the Department of Homeland Security. But, for the most part, the equipment acquired by the City and now deemed to be “military equipment” under state law are commercially available products that are readily available to the general public or in some cases restricted for sale to a law enforcement agency.
b. The Escondido Police Department is committed to using the most up to date tools and equipment to safeguard the community. Equipment now defined as “military equipment” have been used by the Department and other law enforcement agencies across the country on a daily basis. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to a higher level of force including a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide the Department’s peace officers with vital tools that facilitate compliance with the Department’s stringent use of force policy. For example, Escondido Police officers have faced gun fire from suspects for prolonged incidents which required the use of armored/ballistic vehicles to protect the officers and community. The protection with ballistic equipment allows for more time and opportunity to attempt to de - escalate situations and provide for safer tactics to resolve life threatening events in the safest way possible to both officers and community members. 224
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c. All military equipment will be used in accordance with general and, when appropriate specific, Department Instructions. The Department Instruction on Use of Force provides overarch ing guidance and specific orders for all Department police officers including:
i. Law enforcement officers shall be guided by the principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a suspect who is uncooperative or actively resisting, may attempt to flee, poses a danger to others, or poses a danger to themselves, they should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation safely. The highest priority of California law enforcement is safeguarding the life, dignity, and liberty of all persons, without prejudice to anyone. Every person has a right to be free from excessive use of force by officers acting under color of law.
d. Often, the acquisition and use of military equipment is designed to avoid the use of force and when authorized, to use the least amount of force necessary.
II. Summary of complaints or concerns received concerning the use of military equipment.
a. The Department has received no complaints or concerns related to the use of military equipment.
III. Results of internal audits, any information about violations of military equipment use policy, and any actions taken in response.
a. The Department has not conducted an internal audit regarding military equipment.
However, in compiling this report the Department found no violations of the proposed military use policy . Further, the internal affairs unit did review their investigative files and found no violation of department policy that could be associated with the use of military equipment.
IV. The total annual cost for each type of military equipment, including acquisi tion, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
a. Please see the Reponses provided in Exhibit 1 to this Appendix. 225
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V. The quantity possessed for each type of military equipment.
a. The Escondido Police Department seeks approval for the continued use of the following military equipment. The Department has organized the response into the categories listed in California Government Code section 7070.
VI. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
a. Along with seeking authorization to use preexisting equipment, the Department will seek authorization to acquire, fund and use replacement consumable supplies which meet the statutory definition of “military equipment.” In the attached Exhibit, you will find an authorized quantity displayed next to an on-hand quantity for each piece of military equipment. For consumable supplies, the authorized quantity is set at a level to allow efficient inventory management such as starting the replacement process before depleting the on -hand supplies and making bulk purchases of consumable items to achieve cost savings. As always, the Department will seek additional council approval for any new type of “military equipment” in accordance with Department Instruction 1.55 and City budgetary and procurement practices.
b. Similarly, the Department routinely replaces old or worn equipment. The Department will seek a broad advance authorization to replace old, broken, obsolete, worn or damaged equipment, one for one, so long as the replacement of military equipment provides similar uses, characteristics, and capabilities, and will not significantly change or impact the public's welfare, safety, civil rights, and civil liberties.
c. The Department typically achieves approximately two million dollars a year in grant funding. Most grant funding opportunities involve a competition for limited resources and the Department must be able to act quickly and nimbly to successfully win grants. The Department will seek a broad advance authorization to seek and apply for local, state or federal grant funding. The Department will continue the practice of notifying the City Council when the Department succeeds in obtaining grant funding through the budget adjustment process.
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Exhibit (1)
Escondido Military Equipment
Pursuant to Cal. Govt. Code section 7070
I. Unmanned, remotely piloted, powered aerial or ground vehicles.
A. Unmanned Aircraft System (UAS): The Department has several small unmanned aircraft, also known as drones, along with the associated equipment necessary to control it remotely. All of the City’s drones are commercial products and available for sale to the general public.
1. Description, authorized / on hand (“Auth. – O/H”) quantity, capabilities, and purchase cost
a. DJI MATRICE 300 [Auth. 2- O/H 1] Has HT20 zoom and thermal camera. UAS with 45-minute flight time, all weather; equipped with IR and zoom camera and laser range finder. Has photo and video recording capabilities. Cost: $35,000.
b. DJI MATRICE 210 [Auth. 2- O/H 1] with Z30 zoom camera and XT2 thermal camera. UAS with 30-minute flight time, all weather; equipped with IR and zoom cameras. Has photo and video
recording capabilities. Cost $35,000. Expected to be phased out some time in 2024-25
c. DJI MAVIC MINI/DJI Avata. [Auth. 4- O/H 3] Small UAS designed for interior flights, approximately 30-minute flight time.
Has photo and video recording capability. Cost $400-$1,350 each. d. DJI PHANTOM 4 PRO. [Auth. 2- O/H 1] UAS with 30-minute flight time. Has photo and video recording capability. Cost $1,500. e. DJI MAVIC 2 & 3 ENTERPRISE. [Auth. 16- O/H 15] UAS with 30- to 40- minute flight time; equipped with strobe, loud speaker and searchlight accessories. Some equipped with thermal cameras.
Photo and video recording capability. Cost $2,600 - $5700 each
2. Purpose
a. Law enforcement investigations including major collisions. b. Search for missing persons.
c. Natural disaster response and management.
d. SWAT, tactical or other public safety and life preservation missions
3. Authorized Use
a. Only assigned operators who have completed the required training shall be permitted to operate UAS devices during approved missions.
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4. Expected Life Span
a. All UAS equipment, 3-5 years
5. Fiscal Impact
a. Funding source, Escondido Police Department Budget.
b. Annual maintenance and battery replacement cost: approximately $12,000.
6. 2023 Expenditures:
a. DJI Mavic 3 Thermal $5,748.00
b. DJI Mavic 3 Enterprise $3,788.00 each (X5) $18,940.00 c. Mavic 3 Battery Kits $659 each (X6) $3,954.00
d. DJI Avata $1,348.00
e. Avata Battery $125.89 (X2) $251.78
f. Care Refresh Insurance – Avata $129.00
g. Tactical Light Kit – Avata $158.00
Total Costs (including taxes): $32,748.54
7. Training
a. All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation.
8. Legal and Procedural Rules
a. Department Instruction 1.20 Unmanned Aircraft
Systems provides detailed rules addressing the
employment of this category of equipment. The
Department makes policy and procedure documents
available to the public at:
https://police.escondido.org/view-policy-and-
procedure-documents.aspx
B. Lightweight robotic platform: Unmanned machine operating on the ground utilized to collect tactical information while minimizing risk of harm to police officers and community members.
1. Description, quality, capabilities, and purchase cost
a. ROBOTEX AVATAR III. [Auth. 1 - O/H 1] Manufacturer
description: “The Avatar® III is a compact, lightweight robotic platform that is part of the RoboteX Avatar® Series. Designed from the ground up for portability, expandability, and ease‐of‐use, the Avatar® III serves as a useful tool for a variety of users. The Avatar® III can be customized with a variety of plug‐and‐play accessories. These accessories facilitate use of the robot in a variety of scenarios, including Tactical, CBRNE, EOD, K9, and personal security settings. There is no longer a need to send SWAT or tactical response teams into to a dangerous situation before 228
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you've had a chance to assess the situation. The AVATAR Tactical Robot from RoboteX is an affordable tactical robot that is easy to use and allows for quick and safe inspection of dangerous situations.” Cost: $28,105.
2. Purpose
a. To be used to gain visual/audio data, deliver Emergency Notifications Team phone, open doors, and visually clear buildings.
3. Authorized Use
a. Only authorized users under the direction of the Incident Commander are permitted to operate the robot. The Department’s Avatar III has no weapons or offensive capability and primarily used by the SWAT team for information gathering.
4. Expected Life Span
a. 10-plus years.
5. Fiscal Impact
a. Robotex Avatar III:
a. Funding source: Escondido Police Department Operating Budget
b. Annual maintenance and battery replacement cost:
approximately $500.
6. Training
a. The AVATAR III is maintained by the SWAT team
and designated operators receive in house training on
use. This training is conducted under the direction of
SWAT supervisors.
7. Legal and Procedural Rules
a. There is not a specific department instruction
outlining the use of the robot. Use of the robot will be in accordance with all department instructions and
applicable laws. The Department makes policy and
procedure documents available to the public at:
https://police.escondido.org/view-policy-and-
procedure-documents.aspx
II. Mine resistant ambush protected (MRAP) vehicles or armored personnel carriers.
However, police version of standard consumer vehicles are specifically excluded from this subdivision.
A. The Department uses two armored personnel carriers.
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1. Description, quantity, capabilities, and purchase cost
a. LENCO BEARCAT G2. [Auth. 1 - O/H 1] Manufacturer
description: “The LENCO BEARCAT G2 is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed persons. It can stop various projectiles, which provides greater safety to the community members and officers beyond the protection level of shields and personal body armor.” Cost: $242,586.
b. PEACE KEEPER. [Auth. 1 - O/H 1] (Acquired from the San Diego County Sheriff). The Peace Keeper is a wheeled armored vehicle that seats 6-8 personnel with an open floor plan that allows for rescue of downed persons. It can stop various projectiles, which provides greater safety to the community members and officers beyond the protection level of shields and personal body armor.
Cost $0.
2. Purpose
a. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
3. Authorized Use
a. The authorized use of armored vehicles will be at the direction of the Watch Commander or SWAT Commander based on the
specific circumstances of a given critical incident.
4. Expected Life Span
a. LENCO BEARCAT G2, 25 years.
b. PEACE KEEPER, 30 years.
5. Fiscal Impact
a. Funding source:
a. Bearcat was purchased with funds from California
Emergency Management Agency.
b. Peacekeeper was acquired through the 1033 Program.
b. Annual maintenance and fuel costs for both vehicles:
approximately $10,000.
6. Training
a. All driver/operators will attend formalized instruction and be trained in vehicle operations and practical driving instruction.
7. Legal and Procedural Rules
a. Department Instruction 1.15 Emergency Vehicle Operation provides additional rules addressing the employment of this 230
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category of equipment. The Department uses breaching equipment and consumables in accordance with the Department’s Tactical Operations Group manuals. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx
III. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
A. The Department does not use any vehicles in this category.
IV. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. The Department does not use any vehicles in this category.
A. The Department does not use any vehicles in this category.
V. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
A. The Department has one Mobile Incident Command Vehicle (MIC). Although defined as “military equipment” the Departments MIC has no military function.
Rather it is a commercially available product modified to provide a mobile office and command post to enable police supervisors to safely, efficiently and effectively manage the law enforcement response to critical incidents, and events.
1. Description, quantity, capabilities, and purchase cost
a. Chevrolet Workhorse Class A Motorhome, 2007 model, converted to house dispatch consoles, work stations, and meeting space. [Auth. 1 - O/H 1] Cost $322,114.
2. Purpose
a. To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.
3. Authorized Use
a. The MIC shall be used by officers trained in their deployment and in a manner consistent with Department policy and training.
4. Expected Life Span
a. The MIC, 15-year lifespan on chassis and vehicle structure. 231
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5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget and Escondido Fire Department Homeland Security Grant Funds. b. Maintenance and fuel costs are approximately $1,000.
6. Training
a. The driver/operator receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.
7. Legal and Procedural Rules
a. The Department has no specific rules or limitations regarding the use of a converted motorhome. Use shall be in accordance with California State law regarding the operation of motor vehicles.
B. The Department uses one Emergency Negotiation Team (ENT) vehicle. The ENT vehicle facilitates all of the functions of emergency negotiations during a critical incident. The vehicle contains phone/work stations, a conference space, and houses ENT equipment. Though customized for a specific mission, the vehicle is a commercially available product and not a traditional piece of military equipment.
1. Description, quantity, capabilities, and purchase cost a. Utilimaster Utilivan II, model year 2002, cab and chassis with an upgraded box that houses a work space and equipment. [Auth. 1 - O/H 1] The vehicle was originally purchased for a different city department for $90,633. It was re-purposed for ENT and the box retrofit cost $36,976.
2. Purpose
a. To be utilized for critical incident callouts.
3. Authorized Use
a. The ENT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license.
4. Expected Life Span
a. The ENT vehicle has a 30-year lifespan on a chassis and vehicle.
5. Fiscal Impact
a. Funding source for the retrofit: Escondido Police Department Asset Forfeiture Funds.
b. Maintenance and fuel costs: approximately $600.
a. Escondido Police Department Operating Budget.
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6. Training
a. Operators will receive practical training on driving the vehicle.
7. Legal and Procedural Rules
a. The Department has no specific rules or limitations regarding the use of a converted van. Use shall be in accordance with California State law regarding the operation of motor vehicles.
VI. Weaponized aircraft, vessels, or vehicles of any kind
A. The Department does not use any vehicles in this category.
VII. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
A. The Department SWAT unit uses a variety of breaching equipment and consumables that are commonly used by similar specialize units throughout the law enforcement community. Breaching equipment and supplies are not generally available for public sale.
1. Description, quantity, capabilities, and purchase cost
a. DETONATING CORD. [Auth. 1000 ft. - O/H 1000 ft.]
Manufacturer description: “The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high- speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.” Cost: $1 per foot.
a. 2023
i. Expenditures $106
ii. Acquisitions $0
b. C 2 DETASHEET EXPLOSIVES. [Auth. 40 ft. - O/H 0 ft.] Manufacturer description: “DETASHEET® Flexible Explosive) is a waterproof PETN-based (63% nominal) flexible sheet explosive.
It is manufactured as a continuous roll of varying lengths and thicknesses for a wide range of applications. It can be easily cut to any desired shape and applied with adhesive or incorporated into a charge holder. The flexible sheet can be applied as strips directly on the target or used to improvise linear shape charges.” Cost $20 per foot.
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a. 2023
i. Expenditures $400
ii. Acquisitions $0
c. BLASTING CAP. [Auth. 60 - O/H 19] Manufacturer description:
“A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non- electric caps, electric caps, and fuse caps.” Cost: $12 each.
a. 2023
i. Expenditures $130
ii. Acquisitions $0
d. ROYAL REMINGTON 870 EXPRESS BREACHING
SHOTGUN. [Auth. 4 - O/H 4] Manufacturer description: “This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand- off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).” Cost: $380 each.
a. 2023: No change.
e. ROYAL ARMS TESAR #1 ORANGE CAP 275 GRAIN
COPPER FRANGILBE BREACHING ROUND. [Auth. 300 - O/H
160] The round is fired from a breaching shotgun and is used to defeat solid wood doors, locks, and hinges. Cost: $2.60 per round.
a. 2023
i. Expenditures $45
ii. Acquisitions $65
f. ROYAL ARMS TESAR #2 BLACK CAP 425 GRAIN COPPER
FRANGILBE BREACHING ROUND. [Auth. 100 - O/H 50] The
round is fired from a breaching shotgun and is used to defeat heavy locks, dead-bolts, and hinges on solid oak or steel doors. Cost:
$2.90 per round.
a. 2023: No change.
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g. ROYAL ARMS HP-Cutter PURPLE CAP 450 GRAIN HOLLOW
POINT REBAR CUTTER ROUND. [Auth. 40 - O/H 20] The
round is fired from a breaching shotgun and is used to cut re-bar, penetrates security glass, car doors, and punches into engine blocks. Cost: $2.90 per round.
a. 2023: No change.
h. ROYAL ARMS FB-82H 82 PINK CAP 82 GRAIN FLASH
BANG HARD. [Auth. 200 - O/H 193] The round is fired from a breaching shotgun and is used as a diversionary device for disorientation or as a breaching round for solid wood doors, light steel, sliders, or car windows. Cost: $2.90 per round.
a. 2023
i. Expenditures $52
ii. Acquisitions $0
2. Purpose
a. To safely gain entry into a structure while minimizing the risk of harm to those inside the structure
3. Authorized Use
a. Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and
during training exercises.
4. Expected Life Span
a. Detonating cord - 10 years. Blasting Caps - 10 years. b. Breaching Shotgun - 25 years.
c. All Royal Arms breaching rounds – 5 years.
5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $500.
6. Training
a. All officers who use explosive breaching tools shall attend an 11- day Master Tactical Breacher course and must additionally receive quarterly training for explosive operations. All officers utilizing breaching shotgun rounds will receive department approved training from a Master Tactical Breacher.
7. Legal and Procedural Rules
a. Department Instruction 1.24 and 1.46 provide detailed rules addressing the use of force and the employment of this category of equipment. The Department uses breaching equipment and
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consumables in accordance with the Department’s Tactical Operations Group manuals. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx
VIII. VIII. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
A. The Department does not use any equipment in this category.
IX. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
A. The Department does not use any equipment in this category.
X. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
A. The Department uses rifles and ammunition at extended ranges to safely and accurately engage targets when authorized to do so. Most of the weapons are commercially available to the public, although weapons and ammunition may be restricted. The Department does not use or possess automatic weapons.
1. Description, quantity, capabilities, and purchase cost
a. SIONICS Patrol Three SBR 5.56mm Rifle. [Auth. 170 – O/H 117 ] The Patrol Three rifle is a semi-automatic shoulder-fired long gun that fires a .223/5.56mm projectile. This rifle is a variant of the AR-15 style of rifle and is utilized by patrol and SWAT officers.
Cost $1522 to $2,160 each depending on accessory configuration.
a. 2023:
i. Expenditures $0
ii. Acquisitions $42,374
b. Colt M4 Commando/LE 5.56 16” Rifle. [Auth. 170 – O/H 90] Manufacturer description: “The Colt Trooper® Patrol Carbine is a modernized, pro-quality semi- automatic Modern Sporting Rifle based on Colt's legendary M4 platform.” This rifle is utilized by officers outside of the SWAT unit. Cost $1,049-$2160 each.
a. 2023: No change in Expenditures/Acquisitions. Inventory reduced by sale of older rifles to FFL.
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c. Colt Commando M4 5.56mm Rifle. [Auth. 4 - O/H 0] The M4 Commando is a compact rifle of US origin. Whereas the original Colt Commando was based on the M16A1, the M4 Commando is based on the improved and NATO compliant M16A2. Just like its predecessor it fills a gap between pistol caliber sub machine guns and carbines and rifles that have a longer effective range. Cost $1,400 each.
a. 2023: No change in Expenditures/Acquisitions. Inventory reduced by sale of older rifles to FFL.
d. Seekins Precision, Inc. SP10 18” Rifle (308 Winchester). [Auth. 4 - O/H 4] The SP10 is a semi-auto 308 caliber precision rifle utilized by SWAT Snipers. The SP10's proprietary design of the upper receiver and handguard provides a rigid, no-flex platform for repeatable, extreme accuracy under any condition. The SP10 lower receiver offers full ambidextrous controls allowing effective, efficient manipulation of the weapon from either side. The SP10 is the perfect large-frame AR platform for hunting, competition, or duty use. Cost $2,340.
a. 2023: No change.
e. ArmaLite AR-10 18” Barrel 308 Caliber Rifle. [Auth. 1 - O/H 1] The AR-10 is a semi-auto 308 caliber rifle that is utilized primarily by SWAT. Cost $0, acquired from the United States Department of Justice at no cost.
a. 2023: No change.
f. ArmaLite/Eagle Arms AR-10 20” Barrel 308 Caliber Rifle. [Auth. 1 - O/H 1] The AR-10 is a semi-auto 308 caliber rifle that is utilized primarily by SWAT. Cost $ 0, acquired from the United States Department of Justice at no cost.
a. 2023: No change.
g. Winchester 5.56mm 64GR Bonded Solid Base Rifle Round. [Auth. 30,000 - O/H 27,000] Manufacturer description: “The Winchester Ranger 5.56mm 64gr Bonded Solid Base rifle duty ammunition has a protected soft point designed to initiate rapid and controlled expansion to quickly stop a potential threat. Its bonded lead core maximizes retained weight for consistent terminal performance through a wide range of demanding barriers. The extruded solid base design maximizes penetration even after encountering a tough barrier such as auto glass. For law enforcement and military 237
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personnel only.” The duty round that it utilized in SIONICS and Colt rifles. Cost $897 per 1,000 rounds.
a. 2023
i. Expenditures $15,249
ii. Acquisitions $26,910
h. Winchester 5.56mm 55GR FMJ Rifle Round. [Auth. 75,000 - O/H 59,000] Manufacturer description: “Backed by generations of legendary excellence, Winchester "USA White Box" stands for consistent performance and outstanding value, offering high- quality ammunition to suit a wide range of hunter's and shooter's needs.” The training round that is utilized in the SIONICS and Colt rifles. Cost $416 per 1,000 rounds.
a. 2023:
i. Expenditures $22,880
ii. Acquisitions $34,944
i. Hornady 308 Win 168GR A-MAX TAP Rifle Round. [Auth.
16,000 - O/12 14,710] Manufacturer description: “The 168 gr. A- MAX® bullet is a traditional match grade bullet with the performance advantages of a polymer tip. This bullet demonstrates an increase in penetration and retained weight over the 155 gr. A- MAX® bullet. Standard barrier performance is exemplary and this load demonstrates controlled and impressive soft tissue expansion without over penetration. The Hornady® 168 gr. A-MAX® TAP Precision® offers industry leading all-around performance for law enforcement precision marksmen providing the ability to stop a threat.” The duty round for open air applications for the Seekins Precision SP10. Cost $950 per 1,000 rounds.
a. 2023:
i. Expenditures $2,287
ii. Acquisitions $5,000
j. Hornady 308 Win 165GR GMX TAP Barrier Rifle Round. [Auth. 4,000 - O/H 2,000] Manufacturer description: “TAP® Heavy Barrier™ turns cover into concealment. The 165 gr. GMX® TAP® Heavy Barrier™ is constructed of a monolithic copper alloy. It shoots cleaner than pure copper, fouls less and delivers devastating terminal performance. The GMX® bullet penetrates heavy barriers such as 1" laminated glass with exceptional weight retention while still delivering superior terminal performance.” The duty round for shooting through barriers, such as glass, utilized in the Seekins Precision SP10. Cost $850 per 1,000 rounds. 238
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a. 2023: No change.
k. Ruag 308 Win 164GR Tactical Armor Piercing Rifle Round. [Auth. 1,000 - O/H 500] Manufacturer description: “To be prepared for every scenario, snipers require a round with high penetration power on hard targets such as reinforced glass, body- and light vehicle armour. Because the core stays intact during penetration, it transfers extremely effective residual energy to hard targets. The bullet jacket provides best accuracy, protects the barrel and is stripped off upon impact.” The duty round for shooting through hardened barriers utilized in the Seekins Precision SP10.
Cost $800 per 300 rounds.
a. 2023: No change.
l. Hornady 308 Win 110GR TAP Urban Rifle Round. [Auth. 20,000 - O/H 8,000] Manufacturer description: “This cartridge provides the police marksman a unique bullet that demonstrates rapid expansion, fragmentation and low retained weight. The 110 gr.
TAP Urban® bullet offers the least penetration in ballistic gelatin and lower felt recoil as compared to heavier TAP® loads. The 110- gr. bullet demonstrates similar penetration to the 223 Rem 75 gr.
BTHP bullet, but with substantially more temporary and
permanent cavity and fragmentation, proving itself an excellent choice for high collateral risk environments.” The duty round for the ArmaLite AR-10. Cost $950 per 1,000 rounds.
a. 2023: No change.
m. Federal 308 Win 150GR FMJ Boat Tail Rifle Round. [Auth. 4,000 - O/H 2,000] Manufacturer description: “Invest in deep penetration with Federal American Eagle Rifle Ammunition .308 150GR FMJ 20 Box. Feed your rifle quickly. Give your rifle nothing short of perfect cycling with a noncorrosive finish and the top ammo you can find from a reliable ammo company. What has kept many loyalists buying this rifle ammunition besides the familiar feel and performance is the company's wide range of bullets with unique features designed for use in different conditions and for different shooters.” One of the training rounds for the ArmaLite AR-10.
Cost $772 per 1,000 rounds.
a. 2023: No change.
n. Winchester 308 Win 147GR FMJ Rifle Round. [Auth. 4,000 - O/H 3,800] Manufacturer description: “This Winchester USA centerfire rifle ammo is the ideal choice for training or extended sessions at the range and provides several features such as no expansion, 239
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positive functioning, good accuracy, and no barrel leading.” One of the training rounds for the ArmaLite AR-10. Cost $760 per 1,000 rounds.
a. 2023:
i. Expenditures $0
ii. Acquisitions $948
2. Purpose
a. To be used as precision weapons to address a threat with more accuracy and/or greater distances than a handgun, if present and feasible, while minimizing risk to officers and the community.
3. Authorized Use
a. Only members that have completed the EPD rifle training program are authorized to use a rifle. SWAT operators attend additional rifle training courses and are authorized to use a rifle.
4. Expected Life Span
a. Various manufacturers. Various calibers, models, and types.
Lifespan varies on usage and wear.
5. Fiscal Impact
a. Funding sources: Escondido Police Department Operating Budget, Asset Forfeiture Funds and the U.S. Department of Justice. b. Annual consumable replacement costs: approximately $50 per rifle.
6. Training
a. Officers must attend a two-day in-house rifle training program before they are issued a rifle. They must then qualify with the rifle three times annually. SWAT operators attend additional training courses and train twice per month.
7. Legal and Procedural Rules
a. Department Instruction 1.2B Equipment and Weapons and 1.5 Use of Firearms provide detailed rules addressing the use of force and the employment of this category of equipment. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx
XI. Any firearm or firearm accessory that is designed to launch explosive projectiles.
A. The Department does not use any equipment in this category. 240
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XII. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
A. The Department uses a variety of distraction devices, otherwise known as “flashbangs,” to produce intense noise and light in order to temporarily disorient dangerous suspects during high risk arrests/warrant services and hostage rescues.
1. Description, quantity, capabilities, and purchase cost
a. Defense Technology Low Roll 12-gram Reloadable Distraction Device. [Auth. 250 - O/H 124] Manufacturer description: “The Distraction Device Reload utilizes a standard military-style M201A1 type fuze and produces 175 dB of sound output at 5 feet and 6- 8 million candelas for 10 milliseconds.” Cost: $36 each
a. 2023:
i. Expenditures $684
ii. Acquisitions $1,728
b. Combined Systems Model 7290 7 Bang. [Auth. 15 - O/H 12] Manufacturer description: “The patented multi-bangs feature top and bottom non-fragmenting, minimal movement devices that perform with high reliability incorporating CTS Superior fuze components with the patented and US Army adopted Confidence Clip and pin shroud.” Cost: $141 each.
a. 2023: No change.
c. Combined Systems Model 7290M Mini-Bang. [Auth. 50 - O/H 0] Manufacturer description: “The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.” Cost: $32 each.
a. 2023: No change.
2. Purpose
a. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds)
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physiological/psychological sensory deprivation to give officers a tactical advantage.
3. Authorized Use
a. SWAT Operators and Mobile Field Force officers that have received authorized training shall use Diversionary Devices only under the following:
a. By officers who have been trained in their proper use. b. In hostage and barricaded subject situations.
c. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
d. During other high-risk situations where their use would enhance officer safety.
e. During training exercises.
4. Expected Life Span
a. All distraction devices, 5 years.
5. Fiscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $6,000.
6. Training
a. Prior to use, officers must attend divisionary device training that is conducted by POST certified instructors.
7. Legal and Procedural Rules
a. Department Instruction 1.46 Use of Specialty Munitions provides detailed rules addressing the use of force and the employment of this category of equipment. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-and-procedure- documents.aspx
B. The Department uses chemical Agent and Smoke Canisters: to disperse rioters, and flush out armed suspects to help minimize using higher levels of force that could impact officer and community safety. Although the manufactures label their devices as grenades, the equipment used by the Department are not explosive.
1. Description, quantity, capabilities, and purchase cost
a. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS
DISCHARGE GRENADE, CS, #1072. [Auth. 50 - O/H 10]
Manufacturer description: “The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20- 242
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40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately
2.9 oz. of active agent.” Cost: $25 each.
a. 2023:
i. Expenditures $275
ii. Acquisitions $0
b. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS
DISCHARGE GRENADE, CS, #1082 [Auth 50, - O/H 10]
Manufacturer description: “The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in by 2.35 in. and holds approximately 2.7 oz. of active agent.
a. 2023: No change.
c. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE,
CS #1016. [Auth. 50 - O/H 10] Manufacturer description: “The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.” Cost $22 each.
a. 2023:
i. Expenditures $175
ii. Acquisitions $0
d. DEFENSE TECHNOLOGY, FLAMELESS EXPULSION CS
GRENADE, #2042. [Auth. 25 - O/H 22] Manufacturer description:
“The CS Flameless Expulsion Grenade is a compact, non-
pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3- second discharge time.” Cost: $48 each.
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a. 2023: No change.
e. DEFENSE TECHNOLOGY, MAXIMUM HC SMOKE
MILITARY-STYLE CANISTER, #1073. [Auth. 25 - O/H 3]
Manufacturer description: “The Military-Style Maximum Smoke Grenade comes from the Defense Technology #3 smoke grenade.
It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.” Cost:
$38 each.
a. 2023: No acquisitions. Munitions expired.
f. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE,
SAF-SMOKE™, and #1017. [Auth. 10 - O/H 0] Manufacturer
description: “The Pocket Tactical Saf-Smoke™ Grenade is small, and lightweight. The Saf-Smoke™ will burn approximately 20- 40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though it is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade.” Cost $18 each.
a. 2023: No acquisitions. Munitions expired.
g. DEFENSE TECHNOLOGY, STINGER 32 CALIBER RUBBER
BALL GRENADE, #1090SC. [Auth. 20 - O/H 0] Manufacturer
description: “The Stinger® Rubber Ball Grenade with safety clip is a maximum effect device that delivers three stimuli for psychological and physiological effects: rubber pellets, light, and sound. The Stinger® Rubber Ball Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections.
The Stinger® Rubber Ball Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls in a 50-foot radius.” Cost $45 each.
a. 2023: No acquisitions. Munitions expired.
h. DEFENSE TECHNOLOGY, HAN-BALL GRENADE CS, #1092.
[Auth. 20 - O/H 10] Manufacturer description: “The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter.
This launchable grenade holds approximately 1.6 oz. of active 244
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agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable material.” Cost $45 each.
a. 2023: No change.
i. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE, #5230.
[Auth. 60 - O/H 30] Manufacturer description: “Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds.” Cost $37 each.
a. 2023: No change.
j. COMBINED TACTICAL SYSTEMS, CS BAFFLED CANISTER
GRENADE, PYRO, LOW FLAME POTENTIAL, #5230B. [Auth.
50 - O/H 17] Manufacturer description: “Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.” Cost $37.
a. 2023:
i. Expenditures $407
ii. Acquisitions $0
k. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE
TRIPLE- PHASER, #5231. [Auth. 30 - O/H 15] Manufacturer description: “CS Triple Phaser canister grenade is a large diameter grenade consisting of 3 separate aluminum canisters pressed together with separate charges between each canister. When deployed, the grenade will separate over a broad space to give a wider area of coverage. Can be launched or thrown.” Cost $37 each.
a. 2023: No change.
l. COMBINED TACTICAL SYSTEMS, WHITE SMOKE
CANISTER GRENADE, #5210 and #6210. [Auth. 30 - O/H 27]
Manufacturer description: “White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.” Cost $37 each.
a. 2023:
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