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Exhibit B
3.7 13TH AVENUE CORNERS DISTRICT
3.7.1 Setting.
Located at the intersection of Centre City Parkway and 13th Avenue, this 9-acre District consists of the parcels that create four commercially designated “corners” of the intersection. Existing uses at the time of this plan’s adoption on the west side of the intersection include a Sprouts grocery store and a sit-down casual restaurant. On the east side of Centre City Parkway a strip-commercial center and fast-food outlet on one corner, and on the remaining corner is a building that was previously a single-story motel, occupied by a camper sales business.
3.7.2 13th Avenue Corners District Vision.
As one of the signalized intersections along South Centre City Parkway, the 13th Avenue Corners District is a focal point along the corridor. The Pine Street Pathway is an important component of the identity of this District, making it a destination for pedestrians and bicyclists. Both public and private right-of-way will be activated along the western side of Centre City Parkway by providing amenities desirable to users of the recreational trail and commercial businesses, such as parcourse exercise equipment, play structures, and benches for enjoying the nearby food offerings, and for social interaction.
Enhanced pedestrian crosswalks are attractive, improve safety, and encourage walking in the area. Bicycle crossings are separated from the pedestrian crossings forsafety of both groups of users. A unique landscape theme unifies the four corners of the district, adding to the ambiance and appearance. A public art program at this intersection further enhances the appearance of the 13th Avenue Corners and defines the district as distinct and unique. A robust wayfinding program that incorporates elements of public art further encourages walking, bicycling, and use of the nearby transit stop at the intersection of 13th Avenue and Escondido Boulevard.
3.7.3 13th Avenue Corners District Concepts.
3.7.3.1 Land Use Concepts.
The following land use concepts highlight some of the key ways land use will help achieve the vision for this district. See the Land Use Table in Chapter 4 for permitted uses in the 13th Avenue Corners District.
Encourage underutilized property to redevelop.
The property at the northeast corner of Centre City
Parkway and 13th Avenue is likely to redevelop
over the life of the Specific Plan. Commercial
development at this location is envisioned to be
consistent with the other three corners of this
intersection. The attractive design, character and
setbacks of the existing southwest commercial
building will be replicated on this parcel.
Redeveloping this property is an ideal opportunity
to tie the four corners together with a combination
of public and private improvements.
27 Resolution No. 2024-160
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Item16.
3.7.3.2 Mobility Concepts:
The mobility concepts for this district encourage more walking and bicycling, and are detailed in the Mobility Chapter of this plan and outlined below:
Improve the intersection of 13th Avenue, Centre City Parkway and Pine Street.
Intersection improvements will enhance safety, and thereby increase pedestrian and bicycling opportunities. Improvements include attractive crosswalks, integrated bike lanes, and seamless connections to the Pine Street Pathway and associated recreational amenities near this location.
Provide pedestrian amenities.
Wayfinding signs and information kiosks will inform and direct pedestriansto nearby transit, downtown, and other nearby places of interest.
Provide bicycle parking.
Safe, secure bicycle parking will be included as part of new development to promote biking, particularly to patronize the commercial businesses in this district.
3.7.3.3 Design Concepts.
Create a signature intersection.
A distinct landscape theme, combined with the identified mobility improvements, will create a more prominent intersection. Wayfinding signs and the streetscape amenities discussed for the Pine Street Pathway help create a distinctive appearance. Canopy trees shall be preserved or replaced
Emphasize public art.
A public art theme incorporating sculptures or other interesting art pieces strategically located at the four corners of the intersection will unify the district and provide Centre City Parkway more of a neighborhood scale and identity. 28 Resolution No. 2024-160
Exhibit "B"
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3.7.3.4 Parks, Recreation, and Open Space Concepts.
Strategically link the Pine Street Pathway to commercial uses. Integrating picnic tables or benches for resting in the lesser-used eastern part of the grocery store parking lot with the Pine Street Pathway would promote greater use of the nearby recreational amenities.
3.7.4 District Specific Development Standards and Design Guidelines.
3.7.4.1 Development Standards.
1. Landscaping along Centre City Parkway shall be “canopy” restorative to the extent practicable, to the satisfaction of the Director of Community Development. For meeting the intent of the section, a buffer yard shall be provided along the entire frontage and feature a strong collection of industry and canopy trees.
2. Referto Chapter 5 for Development Standards.
3.7.4.1 Design Guidelines.
1. Infill development at the northeast corner of
Centre City Parkway and 13th Avenue is anticipated
during the life of the plan. Redevelopment of this
corner should be consistent with the setbacks
and design character of (existing objective
pedestrian-oriented development) southwest
corner commercial building.
2. All corners of the intersection of 13th Avenue
and Centre City Parkway should have consistent
and compatible landscaping to emphasize the
intersection as a key commercial destination along
13th Avenue and Centre City Parkway.
3. Provide pedestrian amenities at landscape
corners and along the Pine Street Pathway, such
as wayfinding signs or information kiosks.
4. Provide interesting outdoor pedestrian
destinationssuch as public art, plazas, food courts,
tables, benches, and/or other site amenities.
29 Resolution No. 2024-160
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Item16.
2. Rooftop deck, patio, orshade structure
3. Vegetation associated with rooftop deck or garden
4. Skylights
5. Solar panel, wind turbine, rainwater collectors
6. Rooftop screening equipment
5. An attic does not count as a story where 50% or more of the attic floor area has a clear height of less than 7.5 feet, measured from the finished floor to the finished ceiling.
6. A basement with 50% or more of its perimeter wall area (measured from finished floor elevation) surrounded by finished grade is not considered a story.
5.3.2.2 Design Guidelines.
1. Provide massing breaks along wall expanses. Avoid box-like building mass and form with large expanse of solid unbroken surfaces.
2. “Franchise architecture” isstrongly discouraged.
3. Architectural gimmicks, such as distinctive roof shapes, that sacrifice the integrity of a streetscape to promote a single structure or development should be avoided.
4. Larger projects should be designed to emulate the existing rhythm and scale of the South Escondido and 9th Avenue Overlay Districts.
5.3.3 Architecture.
5.3.3.1 Development Standards.
1. For commercial facades, at least 60% of the total area of the first-floor facade facing the primary street shall be window display or otherwise provide for visual transparency into the publicly accessible activities of the building. Projects proposing less than this amount may seek alternative compliance through an Administrative Adjustment provided that the intent of the Specific Plan is met or exceeded in some way, to the satisfaction of the Director of Community Development.
2. Walls exposed to side streets or pedestrian passageways between buildings shall have doors and/or windows, orfixed glazing areas of at least 30% of the totalsurface area of the wall facing these open spaces.
3. Storefronts shall accentuate the structural bays of the building and allow for clear views of the interior of the commercial business at the ground level.
Resolution No. 2024-160
Exhibit "B"
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Resolution No. 2024-160
Exhibit "B"
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Item16.
Building materials,supplies, and hardware.
The retail sales of lumber, heating/air conditioning, plumbing, electrical, floor covering and installations, paint, glass, wallpaper, home improvement items, and other similar merchandise. Does not include outdoor storage.
Build-to-Line (BTL).
A line parallel to the property line where the façade of the building is required to be located. The BTL is measured from the property line unless otherwise specified. Building articulation that does not exceed 12” in depth meets the definition of the BTL.
Build-to-Line Range (BTLR).
A pair of lines parallel to the property line that establishes the range within which a percentage of the façade of the building is required to be located. A Build-to-Line Range (BTLR) may have a minimum BTL (BTL-MIN), which is the line that is closest to the specified property line, and a maximum BTL (BTL-MAX), which is the line that is farthest from the specified property line.
Car wash.
Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May be stand-alone or accessory to another auto-related use, such as a gasoline station. May include detailing services. Does not include temporary car washes for fund-raising activities.
Community Garden.
A single piece of land or open space where participants share in the maintenance and products of the garden, utilizing either individual or shared plots on private or public land, while producing fruit, vegetables, and/or plants that are grown for attractive appearances.
Craft brewery, winery, or distillery.
A small-scale facility where beer, malt beverages, wine, orspirits are made on-premises and then sold or distributed, and which produces 15,000 barrels (or equivalent gallons) per year or less. Its products are primarily intended for local and/or regional consumption. The brewer may sell to a retailer or directly to a customer. Retail sales to the public is limited to incidental use as provided for in Sec. 33-567. (Incidental uses) of the Escondido Zoning Code.
Eating establishments, all types.
An establishment providing food service from an on-site operating commercial-grade kitchen, and/or dessert service from an on-site operating commercial-grade freezer/refrigerator with or without incidental sales of alcoholic beverages, including full-service, limited service, take-out, etc., and outdoor dining. Does not include drive-through service (except as allowed on southwest corner within the W. 13th Avenue Corners District, where drive-through service is permitted) and amplified entertainment or dancing.
General retailsales.
Includes new goods and merchandise sold in department stores, drugstores/pharmacies, and retail establishments selling items such as apparel/accessories/shoes (including incidental shoe repair), toys, flowers, gifts, stationery, jewelry, leather, dishware/glassware/ kitchenware, handcrafts/arts and crafts, yardage goods, pets/pet supplies, art/hobby supplies, automobile supply (without installation), music (including incidental recording, instruction, and instrument repair), books/magazines/newspapers, video sales/ rental, sporting goods (includes bicycles, golf, camping, hunting/ammunition/firearms, fishing, surfing, etc.), small household appliance sales and incidental service, cameras/photographic supplies, electronics/office business, and other similar retail goods and incidental services NEC.
Prohibited uses include uses classified more specifically in this section, retail uses with across-the-board maximum pricing/ “everything Resolution No. 2024-160
Exhibit "B"
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LAND USES WEST MERCADO
DISTRICT 9TH AVE
OVERLAY
13TH AVE.
CORNERS
DISTRICT
FELICITA
DISTRICT
ESCONDIDO
BOULEVARD DISTRICT
SOUTHERNENTRY
DISTRICT
WM General WM
Commercial
EBMixed-Use
Overlay
EB
Commercial
SE
Commercial
SEMixedUse
Overlay
• Tractor or heavy truck sales,storage,
rental (Subject to Article 57 of the EZC) CUP --- --- --- --- --- --- --- --- Food and liquor:
• Food stores (grocery, produce, candy,
baked goods, meat, delicatessen, etc.),
with general license for offsale of beer
and wine
--- P P P P P P P P
• Liquor store, packaged (off-sale alcoholic
beverages) --- --- --- CUP CUP CUP CUP CUP CUP
EATINGAND DRINKING
ESTABLISHMENTS
Eating establishments (Includes outdoor dining
in conjunction with an approved eating
establishment, Subject to Article 57):
• Without incidental on-sale beer and
wine and/or on-sale general licenses. --- P P P P P P P P • With incidental on-sale beer and
wine and/or on-sale general licenses,
includingmicrobreweries.
--- P P P P P P P P
• With indoor amplified entertainment
or dancing. --- CUP CUP CUP CUP CUP CUP CUP CUP
• Auto-oriented (drive-in, drivethrough) (Subject to Section 33-341 of the EZC)
--- CUP ---- ----4 CUP --- --- --- ---
Drinking establishments, wine and beer tasting
establishments, bars, taverns, and nightclubs, with
or without live entertainment and/or dancing.
Includes comedy clubs, magic clubs, etc., with or
without alcoholic beverages.
--- CUP --- CUP CUP CUP CUP CUP CUP
Specialized food from pushcarts (Subject Section
33-342 of the EZC) --- P P P P P P P P
Specialized open-air food service court or
concession food gallery --- --- CUP# --- CUP# --- --- --- --- Notes
P = Permitted
CUP = ConditionalUse PermitRequired
CUP# = (Minor)
PD = Planned Development Permit Required
--- = Not Permitted
CH 4 | 9
Resolution No. 2024-160
Exhibit "B"
305
Item16.
LAND USES WEST MERCADO
DISTRICT 9TH AVE
OVERLAY
13TH AVE.
CORNERS
DISTRICT
FELICITA
DISTRICT
ESCONDIDO
BOULEVARD DISTRICT
SOUTHERNENTRY
DISTRICT
WM General WM
Commercial
EBMixed-Use
Overlay
EB
Commercial
SE
Commercial
SEMixedUse
Overlay
• Major --- --- --- --- --- --- --- --- ---
Live entertainment --- CUP# CUP# CUP# CUP# CUP# CUP# CUP# --- Public art displays, murals, sculptures, and
other visual art P P P P P P P P P
Outdoor display (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the
EZC)
Outdoor storage:
• Miscellaneous storage fully screened
(NOCARS) P P P P P P P P P
• Vehicles and fleet vehicle storage
(overnight or after normal business
hours, or for rent) lessthan or equal to
10% of all parking provided for that use
P P P P P P P P P
• Vehicles and fleet vehicle storage (after
normal business hours) more than 10%
of all parking provided for that use
CUP# CUP# CUP# CUP# CUP# CUP# CUP# CUP# CUP#
• Vehicles used for business operations
and deliveries during normal business
hours
P P P P P P P P P
Sustainable accessory uses as described in
Chapter 8 P P P P P P P P P
Urban agriculture CUP# CUP# CUP# CUP# CUP# CUP# CUP# CUP# CUP# Notes
P = Permitted
CUP = ConditionalUse PermitRequired
CUP# = (Minor)
Notes:
PD = Planned Development Permit Required
--- = Not Permitted
Refer to the base zone for primary, accessory, and temporary uses not otherwise specified, unless specifically prohibited.
With the adoption of this Specific Plan, nonconforming uses and structures shall be subject to the provisions of the EZC.
1. Within the Mixed-Use Overlay in the 9th Avenue Overlay District, the South Escondido Boulevard District, and the Southern Entry District, standalone, multi-family residential, and mixed-use (commercial with residential) is permitted by approval of a Plot Plan.
2. Mixed-Use development requires a Plot Plan as provided for in (Article 61) of the Zoning Code.
3. Refer to Chapter 4.2 for a discussion on the land use table and methodologies in determining permitted land uses for each district and subarea.
4. Except on the southwest corner (W. 13th Avenue and S. Pine Street) where drive-through service is permitted. CH 4 | 17 Resolution No. 2024-160
Exhibit "B"
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Item16.
EXHIBIT “C”
PLANNING CASE NOS. PL23-0296/PL23-0297/PL24-0217
Final Initial Study/Mitigated Negative Declaration
Due to the number of pages of Exhibit “C,” links have been provided for review of the following items:
The Final Initial Study/Mitigated Negative Declaration may be found at the links below:
https://www.escondido.gov/DocumentCenter/View/6785/Final-ISMND-West-13th-Centre-City-PkwyPDF https://www.escondido.gov/DocumentCenter/View/6528/Public-Review-Draft-ISMND---West-13thCentre-City-PDF The Technical Appendices may be reviewed at the following links:
Appendix A – Air Quality/Greenhouse Gas/Energy Data (https://www.escondido.gov/ DocumentCenter/View/6529/Appendix-A---AQGHGEnergy-Data-PDF) Appendix B – Cultural Resources Assessment (https://www.escondido.gov/DocumentCenter/ View/6521/Appendix-B---Cultural-Resources-Assessment-PDF) Appendix C – Geotechnical Analysis (https://www.escondido.gov/DocumentCenter/View/6522/ Appendix-C---Geotechnical-Analysis-PDF)
Appendix D – Phase 1 Environmental Site Assessment/Asbestos Survey (https://www.escondido.gov/ DocumentCenter/View/6523/Appendix-D---Phase-1-Environmental-Site-AssessmentAsbestos-SurveyPDF) Appendix E – Hydrology/Water Quality Documentation (https://www.escondido.gov/ DocumentCenter/View/6524/Appendix-E---HydrologyWater-Quality-Documentation-PDF) Appendix F – Acoustical Analysis Report (https://www.escondido.gov/DocumentCenter/View/6525/ Appendix-F---Acoustical-Analysis-Report-PDF)
Appendix G – Vehicle Miles Traveled Analysis (https://www.escondido.gov/DocumentCenter/ View/6526/Appendix-G---Vehicle-Miles-Traveled-Analysis-PDF) Resolution No. 2024-160
Exhibit "C"
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Item16.
Mitigation Monitoring and Reporting Program
August 2024
MITIGATION MONITORING AND REPORTING PROGRAM
ENVIRONMENTAL DOCUMENT REFERENCE NUMBER (SCH 2024080684) PROJECT NAME: Chick-fil-A West 13th & Centre City
PROJECT LOCATION: The proposed Chick-fil-A West 13th & Centre City Project (Project) site involves an approximately 1.40-acre parcel located at 515 West 13th Avenue (Assessor’s Parcel Numbers [APNs] 236- 161-06-00 and -07-00).
PROJECT DESCRIPTION: The Project proposes to demolish an existing restaurant building and construct a new Chick-fil-A restaurant with a dual lane drive-through, associated surface parking improvements, and landscaping improvements. The new Chick-fil-A restaurant would be a 3,124 square-foot (gross area), onestory building (up to 22 feet in height). The new restaurant would have a 1,026 square foot outdoor dining area (48 outdoor seats [including three Americans with Disabilities Act-compliant seats]), kitchen area, and service area.
LEAD AGENCY: City of Escondido
CONTACT PERSON/TELEPHONE NO.: Greg Mattson, AICP, Contract Planner | (619) 895-7177 APPLICANT: Chick-fil-A, Inc.
CONTACT PERSON/TELEPHONE NO.: Erik Baker, Principal Development Lead | (949) 285-1457 Exhibit D
Resolution No. 2024-160
Exhibit "D"
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Mitigation Monitoring and Reporting Program
August 2024
Mitigation
Measure No.
Mitigation Measure Time Frame for Implementation Responsible Agency/Party Verification of Compliance
Initials Date Remarks
Biological Resources
BIO-1 In the event that construction activities
cannot be avoided during the avian nesting
season, generally between February 15
and September 15, the project Applicant
shall retain a qualified biologist to conduct
a pre-construction nesting bird survey no
more than three days prior to
commencement of construction activities.
The completed survey shall be provided to
the City of Escondido Planning Division
prior to site disturbance activities. If no
active bird nests are observed on the
project site or within the vicinity during the
pre-construction nesting bird survey, site
disturbance activities may resume. If an
active avian nest is discovered during the
pre-construction nesting bird survey,
construction activities shall stay outside of
a 300-foot buffer around the active nest, as
defined by the biologist. For listed and
raptor species, this buffer shall be 500 feet.
A biological monitor shall be present to
delineate the boundaries of the buffer area
and to monitor the active nest to ensure
that nesting behavior is not adversely
affected by construction activity. No work
shall be conducted within the established
buffers until the biological monitor
determines the avian nest is no longer
active.
Prior to Ground Disturbance /
During Construction as
Applicable
City of Escondido Planning
Division / Qualified Biologist /
Construction Contractor
Resolution No. 2024-160
Exhibit "D"
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Item16.
Mitigation Monitoring and Reporting Program
August 2024
Mitigation
Measure No.
Mitigation Measure Time Frame for Implementation Responsible Agency/Party Verification of Compliance
Initials Date Remarks
Cultural Resources
CUL-1 Prior to the issuance of a grading permit,
the Applicant shall enter into a Tribal
Cultural Resource Treatment and
Monitoring Agreement (also known as a
Pre-Excavation Agreement) with a tribe
that is traditionally and culturally affiliated
with the project location (“TCA Tribe”). The
purposes of the agreement are (1) to
provide the Applicant with clear
expectations regarding tribal cultural
resources, and (2) to formalize protocols
and procedures between the
Applicant/Owner and the TCA Tribe for the
protection and treatment of, including but
not limited to, Native American human
remains, funerary objects, cultural and
religious landscapes, ceremonial items,
traditional gathering areas and cultural
items, located and/or discovered through a
monitoring program in conjunction with the
construction of the project, including
additional archaeological surveys and/or
studies, excavations, geotechnical
investigations, grading, and all other
ground-disturbing activities. The
agreement shall incorporate, at a
minimum, the performance criteria and
standards, protocols, and procedures set
forth in Mitigation Measures CUL-2
through CUL-10, and the following
information:
Prior to Grading Permit Project Applicant / Qualified
Archaeologist / Native
American Monitor
Resolution No. 2024-160
Exhibit "D"
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Mitigation Monitoring and Reporting Program
August 2024
Mitigation
Measure No.
Mitigation Measure Time Frame for Implementation Responsible Agency/Party Verification of Compliance
Initials Date Remarks
Parties entering into the
agreement and contact
information.
Responsibilities of the Property
Owner or their representative,
archaeological monitors, and
tribal monitors.
Project grading and development
scheduling, including
determination of authority to
adjust in the event of unexpected
discovery, and terms of
compensation for the monitors,
including overtime and weekend
rates, in addition to mileage
reimbursement.
Requirements in the event of
unanticipated discoveries, which
shall address grading and
grubbing requirements including
controlled grading and controlled
vegetation removal in areas of
cultural sensitivity, analysis of
identified cultural materials, and
on-site storage of cultural
materials.
Treatment of identified Native
American cultural materials.
Treatment of Native American
human remains and associated
grave goods.
Resolution No. 2024-160
Exhibit "D"
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Mitigation Monitoring and Reporting Program
August 2024
Mitigation
Measure No.
Mitigation Measure Time Frame for Implementation Responsible Agency/Party Verification of Compliance
Initials Date Remarks
Confidentiality of cultural
information including location and
data.
Negotiation of disagreements
should they arise.
Regulations that apply to cultural
resources that have been
identified or may be identified
during project construction.
CUL-2 Prior to issuance of a grading permit, the
Applicant shall provide written verification
to the City of Escondido (City) that a
qualified archaeologist and a Native
American monitor associated with a tribe
that is traditionally and culturally affiliated
with the project location (“TCA Tribe”) have
been retained to implement the monitoring
program. The archaeologist shall be
responsible for coordinating with the
Native American monitor. This verification
shall be presented to the City in a letter
from the project archaeologist that
confirms the selected Native American
monitor is associated with a TCA Tribe.
The City, prior to any pre-construction
meeting, shall approve all persons
involved in the monitoring program.
Prior to Grading Permit City of Escondido Planning
Division / Project Applicant /
Qualified Archaeologist /
Native American Monitor
CUL-3 The qualified archaeologist and a Native
American monitor shall attend all
applicable pre-construction meetings with
the General Contractor and/or associated
subcontractors to explain and coordinate
Prior to Grading / During
Grading
Construction Contractor /
Qualified Archaeologist /
Native American Monitor
Resolution No. 2024-160
Exhibit "D"
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Mitigation Monitoring and Reporting Program
August 2024
Mitigation
Measure No.
Mitigation Measure Time Frame for Implementation Responsible Agency/Party Verification of Compliance
Initials Date Remarks
the requirements of the monitoring
program.
CUL-4 During the initial grubbing, site grading,
excavation or disturbance of the ground
surface (including both on- and off-site
improvement areas), the qualified
archaeologist and the Native American
monitor shall be present full-time. If the fulltime monitoring reveals that the top soil throughout the project impact area (both
on and off-site) has been previously
removed during the development of the
roads and buildings within the project area,
then a decrease of monitoring to part-time
monitoring or the termination of monitoring
can be implemented, as deemed
appropriate by the qualified archaeologist
in consultation with the Native American
monitor. The frequency of subsequent
monitoring shall depend on the rate of
excavation, the materials excavated, and
any discoveries of tribal cultural resources
as defined in California Public Resources
Code Section 21074. The qualified
archaeologist, in consultation with the
Native American monitor, shall be
responsible for determining the duration
and frequency of monitoring considering
these factors. Archaeological and Native
American monitoring shall be discontinued
when the depth of grading and soil
conditions no longer retain the potential to
contain cultural deposits (i.e., soil
During Grading / Site
Disturbance
Qualified Archaeologist /
Native American Monitor
Resolution No. 2024-160
Exhibit "D"
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Mitigation Monitoring and Reporting Program
August 2024
Mitigation
Measure No.
Mitigation Measure Time Frame for Implementation Responsible Agency/Party Verification of Compliance
Initials Date Remarks
conditions are comprised solely of fill or
granitic bedrock).
CUL-5 In the event that previously unidentified
tribal cultural resources are discovered, all
work must halt within a 100-foot radius of
the discovery. The qualified archaeologist
and the Native American monitor shall
evaluate the significance of the find and
shall have the authority to modify the nowork radius as appropriate, using professional judgment. The qualified
archaeologist and Native American
Monitor shall consider the criteria identified
by California Public Resources Code
sections 21083.2(g) and 21074, and
CEQA Guidelines sections 15064 and
15064.5(c) in determining the significance
of a discovered resource. If the
professional archaeologist and Native
American monitor determine that the find
does not represent a culturally significant
resource, work may resume immediately,
and no agency notifications are required.
Isolates and clearly non-significant
deposits shall be documented in the field
and collected, and monitored grading can
immediately proceed. All unearthed
archaeological resources or tribal cultural
resources shall be collected, temporarily
stored in a secure location, and repatriated
for later reburial on the project site,
pursuant to the terms of the PreDuring Grading / Site
Disturbance
Qualified Archaeologist /
Native American Monitor
Resolution No. 2024-160
Exhibit "D"
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Item16.
Mitigation Monitoring and Reporting Program
August 2024
Mitigation
Measure No.
Mitigation Measure Time Frame for Implementation Responsible Agency/Party Verification of Compliance
Initials Date Remarks
Excavation Agreement established in
Mitigation Measure CUL-1.
CUL-6 If the qualified archaeologist and Native
American monitor determine that the find
does represent a potentially significant
tribal cultural resource, considering the
criteria identified by California Public
Resources Code sections 21083.2(g) and
21074, and CEQA Guidelines sections
15064 and 15064.5(c), the archaeologist
shall immediately notify the City of
Escondido (City) of said discovery. The
qualified archaeologist, in consultation with
the City, the consulting tribe(s) that is/are
traditionally and culturally affiliated with the
project location (“TCA Tribe[s]”), and the
Native American monitor, shall determine
the significance of the discovered
resource. A recommendation for the tribal
cultural resource’s treatment and
disposition shall be made by the qualified
archaeologist in consultation with the TCA
Tribe(s) and be submitted to the City for
review and approval. If the find is
determined to be a Tribal Cultural
Resource under CEQA, as defined in
California Public Resources Code Section
21074(a) though (c), appropriate treatment
measures shall be implemented. Work
shall not resume within the no-work radius
until the City, through consultation as set
forth herein, determines either that: 1) the
discovery does not constitute a Tribal
During Grading / Site
Disturbance
City of Escondido Planning
Division / Qualified
Archaeologist / Native
American Monitor
Resolution No. 2024-160
Exhibit "D"
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Mitigation Monitoring and Reporting Program
August 2024
Mitigation
Measure No.
Mitigation Measure Time Frame for Implementation Responsible Agency/Party Verification of Compliance
Initials Date Remarks
Cultural Resource under CEQA, as
defined in California Public Resources
Code Section 21074(a) through (c); or 2)
the approved treatment and disposition
measures have been completed.
CUL-7 All sacred sites, significant tribal cultural
resources, and unique archaeological
resources encountered within the project
area shall be avoided and preserved as the
preferred mitigation. The avoidance and
preservation of the significant tribal cultural
resource or unique archaeological
resource must first be considered and
evaluated in consultation with the
consulting tribe(s) that is/are traditionally
and culturally affiliated with the project
location (“TCA Tribe[s]”) as required by
CEQA and in compliance with all relevant
mitigation measures for the project. If any
significant tribal cultural resource or unique
archaeological resource has been
discovered and such avoidance or
preservation measure has been deemed to
be infeasible by the City of Escondido’s
(City) Director of Community Development
(after a recommendation is provided by the
qualified archaeologist, in consultation with
the TCA Tribe(s), making a determination
of infeasibility that takes into account the
factors listed in California Public
Resources Code sections 21061.1,
21081(a)(3), and CEQA Guidelines section
15091, and in accordance with all relevant
During Grading City of Escondido Planning
Division / Qualified
Archaeologist / Native
American Monitor
Resolution No. 2024-160
Exhibit "D"
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Item16.
Mitigation Monitoring and Reporting Program
August 2024
mitigation measures for the project), then
culturally appropriate treatment of those
resources, including but not limited to
funding an ethnographic or ethnohistoric
study of the resource(s), and/or developing
a research design and data recovery
program to mitigate impacts shall be
prepared by the qualified archaeologist
(using professional archaeological
methods), in consultation with the TCA
Tribe and the Native American monitor,
and shall be subject to approval by the
City. No artifact sampling for analysis is
allowed, unless requested and approved
by the consulting TCA Tribe(s). Before
construction activities are allowed to
resume in the affected area, the research
design and data recovery program
activities shall be concluded to the
satisfaction of the City.
CUL-8 As specified by California Health and
Safety Code section 7050.5, if human
remains are found on the project site
during construction or during
archaeological work, the person
responsible for the excavation, or his or her
authorized representative, shall
immediately notify the San Diego County
Coroner’s (Coroner) office. Determination
of whether the remains are human shall be
conducted on-site and in situ where they
were discovered by a forensic
anthropologist, unless the forensic
anthropologist and the Native American
monitor agree to remove the remains to a
temporary off-site location for examination.
During Grading City of Escondido Planning
Division / Qualified
Archaeologist / Native
American Monitor / County
Coroner
Resolution No. 2024-160
Exhibit "D"
Item16.
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August 2024
No further excavation or disturbance of the
site or any nearby area reasonably
suspected to overlie adjacent remains
shall occur until the Coroner has made the
necessary findings as to origin and
disposition. A temporary construction
exclusion zone shall be established
surrounding the area of the discovery so
that the area be protected, and
consultation and treatment may occur as
prescribed by law. If the Coroner
determines the remains are Native
American and not the result of a crime
scene, the Coroner shall notify the Native
American Heritage Commission (NAHC),
which then shall designate a Native
American Most Likely Descendant (MLD)
for the project (California Public Resources
Code § 5097.98) for proper treatment and
disposition in accordance with California
Public Resources Code section 5097.98.
The designated MLD shall have 48 hours
from the time access to the property is
granted to make recommendations
concerning treatment of the remains. If the
City of Escondido does not agree with the
recommendations of the MLD, the NAHC
can mediate (California Public Resources
Code § 5097.94). If no agreement is
reached, the remains shall be kept in situ,
or reburied in a secure location in close
proximity to where they were found and
where they would not be further disturbed
(California Public Resources Code §
5097.98). Work may not resume within the
no work radius until the lead agency,
Resolution No. 2024-160
Exhibit "D"
Item16.
Mitigation Monitoring and Reporting Program
August 2024
through consultation as appropriate,
determines that the treatment measures
have been completed to their satisfaction.
The analysis of the remains shall only
occur on-site in the presence of the MLD,
unless the forensic anthropologist and the
MLD agree to remove the remains to an
off-site location for examination.
CUL-9 If the qualified archaeologist elects to
collect any tribal cultural resources, the
Native American monitor shall be present
during any cataloging of those resources.
Moreover, if the qualified archaeologist
does not collect the cultural resources that
are unearthed during the ground-disturbing
activities, the Native American monitor
may, at their discretion, collect said
resources for later reburial on the project
site or storage at a local curation facility.
Any tribal cultural resources collected by
the qualified archaeologist shall be
repatriated to the tribe that is traditionally
and culturally affiliated with the project
location (“TCA Tribe”) for reburial on the
project site. Should the TCA Tribe(s)
decline the collection, the collection shall
be curated at the San Diego
Archaeological Center. All other resources
determined by the qualified archaeologist,
in consultation with the Native American
monitor, to not be tribal cultural resources,
shall be curated at the San Diego
Archaeological Center.
During Grading Qualified Archaeologist /
Native American Monitor
CUL-10 Prior to the release of the grading bond, a
monitoring report and/or evaluation report,
if appropriate, that describes the results,
Post-Grading City of Escondido Planning
Division / Qualified
Resolution No. 2024-160
Exhibit "D"
Item16.
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August 2024
analysis, and conclusions of the
archaeological monitoring program and
any data recovery program on the project
site, shall be submitted by the qualified
archaeologist to the City of Escondido
(City). The Native American monitor shall
be responsible for providing any notes or
comments to the qualified archaeologist in
a timely manner to be submitted with the
report. The report shall include California
Department of Parks and Recreation
Primary and Archaeological Site Forms for
any newly discovered resources. A copy of
the final report shall be submitted to the
South Coastal Information Center after
approval by the City.
Archaeologist / Native
American Monitor
Geology and Soils
GEO-1 Prior to the commencement of excavation
activities, the Applicant shall retain a
Society of Vertebrate Paleontology (SVP)
qualified paleontologist to conduct full-time
paleontological monitoring during
excavation activities in areas with the
potential to support unknown buried
paleontological resources. Monitoring logs
shall be submitted to the City of Escondido
Director of Community Development. If
evidence of subsurface paleontological
resources is discovered during excavation
activities, Mitigation Measure GEO-2 shall
be implemented.
Prior to Excavation Activities /
During Grading
City of Escondido Planning
Division / Project Applicant /
Qualified Paleontologist /
Construction Contractor
Resolution No. 2024-160
Exhibit "D"
Item16.
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August 2024
A qualified professional paleontologist is a
professional with a graduate degree in
paleontology, geology, or related field, with
demonstrated experience in the
vertebrate, invertebrate, or botanical
paleontology of California, as well as at
least one year of full-time professional
experience or equivalent specialized
training in paleontological research (i.e.,
the identification of fossil deposits,
application of paleontological field and
laboratory procedures and techniques, and
curation of fossil specimens), and at least
four months of supervised field and
analytic experience in general North
American paleontology as defined by the
SVP.
GEO-2 If evidence of subsurface paleontological
resources is found during construction
activities, excavations within 50 feet of the
find shall cease and the construction
contractor shall contact the City of
Escondido Director of Community
Development. With direction from the City
of Escondido Director of Community
Development, a qualified paleontologist
certified by the County of San Diego shall
be retained to evaluate the find prior to
resuming construction activities in the
immediate vicinity of the find. If the City of
Escondido determines the resources is
significant and cannot be immediately
recovered, then the qualified
paleontologist shall prepare and execute a
Paleontological Resources Mitigation
Program (PRMP) for the salvage and
During Grading City of Escondido Planning
Division / Qualified
Paleontologist / Construction
Contractor
Resolution No. 2024-160
Exhibit "D"
Item16.
Mitigation Monitoring and Reporting Program
August 2024
curation of the identified resource(s). The
PRMP shall specify the fieldwork and
laboratory methods to be undertaken,
curation requirements, proposed staff
qualifications, and whether the entire
resource is to be collected or a specified
statistically significant sample.
Hazards and Hazardous Materials
HAZ-1 Prior to any work that would disturb
asbestos-containing materials (ACMs) or
create an airborne asbestos hazard (i.e.,
demolition of the existing building), the
project Applicant shall require that
contractors submit a notice to the San
Diego County Air Pollution Control District
(SDCAPCD) prior to demolition activities,
follow proper removal processes for ACMs
(e.g., wetting of exposed ACMs to limit
dust, utilization of a proper ventilation
system co-capture particulate asbestos
materials, encasing ACMs in proper
wrappings), and follow proper waste
handling and disposal practices (e.g.,
ACMS are placed in proper containers
and/or wrappings, adequate wetting of
ACMs during transport, proper labeling of
containers and/or wrappings of ACMs) in
accordance with SDCAPCD Rule 1206,
Asbestos removal, renovation, and
demolition, and California Code of
Regulations (CCR) Title 8, Section 1529,
Asbestos. ACMs shall also require
disposal at a waste disposal facility
operated in accordance with the provisions
of 40 Code of Federal Regulations (CFR),
Part 61, Section 61.154, Standard for
Prior to Demolition Activities /
During Demolition Activities
Certified Asbestos Consultant
or Site Surveillance
Technician / Construction
Contractor
Resolution No. 2024-160
Exhibit "D"
Item16.
Mitigation Monitoring and Reporting Program
August 2024
active waste disposal sites, or a U.S.
Environmental Protection Agencyapproved site that converts regulatedACMs and asbestos-containing waste materials into non-asbestos (asbestosfree) material in accordance with the provisions of 40 CFR, Part 61, Section
61.155, Standard for operations that
convert asbestos-containing waste
material into nonasbestos (asbestos-free)
material. The removal of asbestos shall
also require the supervision of a certified
asbestos consultant or site surveillance
technician, retained by the project
Applicant, during the removal process.
Noise
NOI-1 To reduce noise levels during construction
activities, the Applicant must demonstrate,
to the satisfaction of the City of Escondido
Community Development Department,
that the project complies with the
following:
Construction contracts must
specify that all construction
equipment, fixed or mobile, shall
be equipped with properly
operating and maintained
mufflers and other state-required
noise attenuation devices.
A sign, legible at a distance of 50
feet, shall be posted at the project
construction site providing a
contact name and a telephone
number where residents can
Prior to Grading and
Construction Activities / During
Construction Activities
City of Escondido Planning
Division / Project Applicant /
Noise Disturbance Coordinator
Resolution No. 2024-160
Exhibit "D"
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inquire about the construction
process and register complaints.
This sign shall indicate the dates
and duration of construction
activities. In conjunction with this
required posting, a noise
disturbance coordinator shall be
identified to address construction
noise concerns received. The
coordinator shall be responsible
for responding to any local
complaints about construction
noise. When a complaint is
received, the disturbance
coordinator shall notify the City
within 24 hours of the complaint
and determine the cause of the
noise complaint (starting too
early, malfunctioning muffler,
etc.) and shall implement
reasonable measures to resolve
the complaint, as deemed
acceptable by the City. All signs
posted at the construction site
shall include the contact name
and the telephone number for the
noise disturbance coordinator.
During construction, stationary
construction equipment shall be
placed such that emitted noise is
directed away from sensitive
noise receivers.
Per Section 17-234 and Section
17-238 of the Municipal Code,
grading activities shall be limited
Resolution No. 2024-160
Exhibit "D"
Item16.
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August 2024
to the hours between 7:00 a.m.
and 6:00 p.m. Monday through
Friday, and construction activities
shall be limited to the hours
between 7:00 a.m. and 6:00 p.m.
Monday through Friday and
between 9:00 a.m. and 5:00 p.m.
on Saturday. All construction
activities shall be prohibited on
Sundays or holidays.
Prior to grading activities, a
temporary noise barrier or
enclosure shall be used along the
southern property line to break
the line-of-sight between the
construction equipment and the
adjacent residences. The
temporary noise barrier shall
have a sound transmission class
(STC) of at least 10 or greater in
accordance with American
Society for Testing and Materials
Test Method E90, or at least 2
pounds per square foot to ensure
adequate transmission loss
characteristics. In order to
achieve this, the barrier may
consist of 3-inch steel tubular
framing, welded joints, a layer of
18-ounce tarp, a 2-inch-thick
fiberglass blanket, a half-inchthick weatherwood asphalt sheathing, and 7/16-inch sturdy
board siding with a heavy duct
seal around the perimeter. The
length, height, and location of
Resolution No. 2024-160
Exhibit "D"
Item16.
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noise control barrier walls shall be
adequate to assure proper
acoustical performance. In
addition, to avoid objectionable
noise reflections, the source side
of the noise barrier shall be lined
with an acoustic absorption
material meeting a noise
reduction coefficient rating of 0.70
or greater in accordance with
American Society for Testing and
Materials Test Method C423. All
noise control barrier walls shall be
designed to preclude structural
failure due to such factors as
winds, shear, shallow soil failure,
earthquakes, and erosion. The
temporary noise barrier can be
removed upon completion of
grading activities or paving
activities, whichever is later.
Resolution No. 2024-160
Exhibit "D"
Item16.
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Transportation
TRA-1 Prior to the initiation of construction, the
project Applicant shall prepare a Traffic
Management Plan (TMP) for approval by
the City of Escondido Traffic Engineer.
The TMP shall include measures such as
construction signage, limitations on timing
for lane closures to avoid peak hours,
temporary striping plans, and the need for
a construction flag person to direct traffic
during heavy equipment use. The TMP
shall specify that one direction of travel in
each direction must always be maintained
for the surrounding roadways throughout
project construction. The TMP shall be
incorporated into project specifications for
verification prior to final plan approval.
Prior to Construction Activities Project Applicant / City of Escondido Traffic Engineer
Resolution No. 2024-160
Exhibit "D"
Item16.
CODE INFORMATION DRAWING INDEX
5200 Buffington Road
Atlanta, Georgia 30349-2998
Phone: (404) 765-8000
Fax: (404) 684-8550
515 W. 13TH AVENUE
ESCONDIDO, CA 92025
VICINITY MAP NOT TO SCALE
1 G-000 TITLE SHEET SP-1 SITE PLAN
1 OF 4 CIVIL TITLE SHEET
2 OF 4 CIVIL CONCEPTUAL CONSTRUCTION NOTES
3 OF 4 CIVIL CONCEPTUAL GRADING PLAN
4 OF 4 CIVIL CONCEPTUAL UTILITY PLAN
1 OF 3 ALTA TITLE SHEET
2 OF 3 ALTA (BOUNDARY) 3 OF 3 ALTA (TOPO) L1.0 PRELIMINARY LANDSCAPE PLAN L1.1 PRELIMINARY PARKING SPACE SHADE PLAN
L2.0 PRELIMINARY IRRIGATION PLAN
L2.1 PRELIMINARY WATER CONSERVATION PLAN
A-101 FLOOR PLAN
A-103 REFUSE ENCLOSURE PLAN, ELEVATIONS & DETAILS A-230 ROOF PLAN A-301 EXTERIOR ELEVATIONS A-302 EXTERIOR ELEVATIONS A-401 BUILDING SECTIONS PH-1 PHOTOMETRIC SITE PLAN
BUILDING DATA OCCUPANCY:
Architect: C.R.H.O. 1833 17TH STREET; SUITE 301 SANTA ANA, CA. 92705 PHONE: (714) 832-1834 FAX: (714) 832-1910 CONTACT: AMIN ATLASCHI E-MAIL: [email protected] Landscape Architect:
A2 (RESTAURANT) CONSTRUCTION TYPE: V-B (FULLY-SPRINKLERED) SITE AREA: 61,090 s.f. (1.402 Acres) FIRE SPRINKLERED: YES BUILDING AREA: 3,124 s.f. FAR: 5.1% ZONING: S-P : SPECIFIC PLAN AREA, SPA 15 : SOUTH
CENTRE CITY SPECIFIC PLAN, 13TH AVE. CORNERS DISTRICT APN:
Civil Engineer: TRUXAW AND ASSOCIATES
1915 W. ORANGEWOOD AVE. SUITE 101 ORANGE, CA 92868 PHONE: (714) 935-0265 CONTACT: RANDY DECKER E-MAIL: [email protected]
236-161-07-00 & 236-161-06-00 PARKING
PARKING SPACES REQUIRED: BASIS: 20 SPACES FOR THE FIRST 4,000 SF + 1 PER ADDITIONAL 100 SF AREA. BUILDING AREA: 3,124 SQ FT OPEN-AIR DINING: 1,026 SQ FT PARKING NEEDED : 20 + (150/ 100) = 22 SPACES PARKING SPACES PROVIDED: STANDARD SPACES: ACCESSIBLE SPACES: EVCS SPACES: EV READY SPACES : SHORT-TERM BICYCLE SPACES : 5% OF PARKING LONG-TERM BICYCLE SPACE : 5% OF EMPLOYEE
PARKING OF 20 STALLS
TOTAL BICYCLE SPACE PROVIDED: TOTAL CAR STACK PROVIDED :
22 56
40 (NO COMPACTS)
3 (1 VAN ACCESSIBLE)
3 (1 VAN ACCESSIBLE) 10 (FUTURE EV)
3 REQ'D.
1 REQ'D.
10 ( 8 SHORT TERM +
2 LONG TERM)
41 (20 FEET PER CAR)
BUILDING CODE: 2022 CALIFORNIA BUILDING CODE
PLUMBING CODE: 2022 CALIFORNIA PLUMBING CODE MECHANICAL CODE: 2022 CALIFORNIA MECHANICAL CODE ELECTRICAL CODE: 2022 CALIFORNIA ELECTRICAL CODE ACCESSIBILITY CODE: 2022 CALIFORNIA BUILDING CODE ENERGY CODE: 2022 CALIFORNIA ENERGY CODE
FIRE CODE: 2022 CALIFORNIA FIRE CODE GAS CODE: 2022 CALIFORNIA PLUMBING CODE
PROJECT DESCRIPTION
A NEW QUICK-SERVICE RESTAURANT IN AN EXISTING COMMERCIAL CORNER PROPERTY CURRENTLY USED FOR A SIT-DOWN RESTAURANT. NEW RESTAURANT PROPOSES A 2-LANE DRIVE-THROUGH & OPEN-AIR DINING (48 SEATS). CLOSED ON SUNDAYS. BUILDING AREA : 3,124 SQ. FT. OPEN-AIR DINING AREA : 1,026 SQ. FT.
OPEN-AIR DINING AREA: 1,026 s.f. LANDSCAPE AREA: 18,083 s.f.
JOHN HOURIAN & ASSOCIATES
414 OLIVE STREET #227 SANTA BARBARA, CA 93101 PHONE: (949) 489-5623 x 101 FAX: (858) 810-0335 CONTACT: NICOLE HOURIAN
E-MAIL: [email protected]
Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives.
Chick-fil-A
5200 Buffington Road Atlanta, Georgia
30349-2998
NO. DATE DESCRIPTION SWC of W 13TH & CENTRE CITY REVISION SCHEDULE CUP RESUBMITTAL 515 W. 13TH AVENUE ESCONDIDO, CA A
05524 CHICK-FIL-A
1 ED
C
B
ED
C
B
A
2 3 4
1 2 3 4
07-24-23 CUP Submittal 11-10-23 CUP Resubmittal 05-03-24 CUP Resubmittal 05-28-24 CUP Resubmittal 07-12-24 CUP Resubmittal
EXHIBIT E
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Exhibit “F”
EXHIBIT “F”
PLANNING CASE NOS. PL23-0296/PL23-0297/PL24-0217
FACTORS TO BE CONSIDERED/FINDINGS OF FACT
1. Environmental Determinations
a) Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code Section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), 14 California Code of Regulations Section 15000 et. seq., the City of Escondido is the Lead Agency for the project (“Project”), as the public agency with the principal responsibility for approving the proposed Project.
b) An Initial Study/Mitigated Negative Declaration (“IS/MND”) (SCH# SCH 2024080684) for the Project was prepared, published, circulated, and reviewed in accordance with the requirements of CEQA, the State CEQA Guidelines, and the local environmental procedures. Th decision-making body of the Lead Agency shall adopt the proposed IS/MND only if:
• It finds on the basis of the whole record before it that there is no substantial evidence the project will have a significant effect on the environment, and • The IS/MND reflects the Lead Agency's independent judgment and analysis. c) The IS/MND was circulated for a 30-day public review period beginning August 13, 2024 and ending on September 16, 2024.
d) The Final IS/MND and Mitigation Monitoring and Reporting Plan (“MMRP”), collectively constitute the environmental documentation under and pursuant to CEQA, the CEQA Guidelines, and local environmental procedures relating to the project, and shall be referred to herein collectively as the "CEQA Documents."
e) The City Council has received the material record supporting all of the CEQA Documents for the Project. The City Council finds the following:
• The Final IS/MND reflects the City’s independent judgment and analysis. • That there is no substantial evidence that the Project or any of its aspects could result in significant adverse impacts, or that cannot be fully mitigated. All previously identified impacts have been mitigated to less than a significant level. • The City Council also finds that the mitigation measures listed in the MMRP will not cause any potentially significant effects.
• The Final IS/MND has been completed in compliance with CEQA and it constitutes a complete, accurate, adequate and good faith effort at full disclosure under CEQA. f) Mitigation measures are recommended to be incorporated as part of the adoption of the Mitigated Negative Declaration. The recommended approval of the Project also includes the adoption of the MMRP, attached hereto this Resolution.
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g) Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines section 15091(e), all documents and other materials which constitute the record of proceedings are located at the City of Escondido, City Hall. The City Clerk, whose office is located at 201 North Broadway, Escondido CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council’s decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.
2. Specific Plan Amendment (PL23-0296) (Section 33-1263 of Division 4 in Article 61 of the Escondido Zoning Code)
With respect to Planning Case No. PL23-0296, the City Council make the following findings for approval:
a) That the public health, safety and welfare will not be adversely affected by the proposed change; The public health, safety and welfare would not be adversely affected by the proposed Specific Plan Amendment. The proposed amendment would permit for a new use type within a specific district in the Specific Plan area and sets the permitting process for drive-through establishments through a Conditional Use Permit (“CUP”) thereby ensuring further development review on a case-by-case basis.
The amendment would also revise several sections related to development standards, design review, and definitions within the Specific Plan. The application of a CUP for drive-through restaurant uses within the 13th Avenue Corners District would not be detrimental to surrounding properties because the proposed changes seek to activate an existing vacant restaurant site. The proposed amendment would limit the future potential proliferation of the use type in that it limits the use to one corner of the district where four corners exist.
The proposed amendment would allow for the proposed development project to construct a new drive-through restaurant at the Project site resulting in redevelopment of a previously developed site.
This proposed reuse must comply with any applicable laws and standards, including the Building Code, the Fire Code, and any property standards bylaws. Furthermore, requiring a CUP for the proposed change would allow the City to exercise discretionary authority over any future proposed projects, and condition future projects to ensure land use compatibility. b) That the property involved is suitable for the uses permitted by the proposed zone; The Specific Plan Amendment would affect the 13th Avenue Corners District in that it would permit for a previously prohibited use of a drive-through eating establishment (i.e., drive-through restaurant). However, the proposed Project limits this allowance to only one of the corners within the district where four exist and continues to place emphasis and focus on the goals of the district and specific plan. The site subject to this allowance would entail redevelopment as part of this request. c) That the uses permitted by the proposed zone would not be detrimental to surrounding properties; The proposed Specific Plan Amendment would not be detrimental to surrounding properties because the limitations set forth as part of the amendment include an identified area where the proposed use would be permitted. The amendment language would ensure proliferation of this use is infeasible as it limits the allowable area for such uses to the subject site. Any future compatibility issues would be 349
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analyzed and addressed as part of the CUP process on a case-by-case basis.
The proposed amendment would allow for the proposed development project to construct a new drive-through restaurant at the Project site resulting in redevelopment of a previously developed site.
This proposed reuse must comply with any applicable laws and standards, including the Building Code, the Fire Code, and any property standards bylaws. Furthermore, requiring a CUP for the proposed change would allow the City to exercise discretionary authority over any future proposed projects, and condition future projects to ensure land use compatibility.
Further, the City prepared a set of conditions of approval that would be applied through the Conditional Use Permit process which would restrict activities to those resulting in negligible impacts on surrounding properties, as identified within the environmental review and through the Staff Development Review process.
d) That the proposed change is consistent with the adopted general plan; The proposed Specific Plan Amendment would be consistent with the goals and polices of the General Plan in that specific plans are documents designed and written to implement the goals and policies of a general plan. The vision for the SCCSP includes developing the specific plan area with attractive design and economically viable development. Goals of the SCCSP include developing neighborhood serving specific commercial uses, as well as preserving and enhancing commercial development key nodes. The 13th Avenue Corners District is identified as a key commercial node that seeks to improve this specific intersection (Centre City Parkway and 13th Avenue) for the purposes of enhancing safety and increasing pedestrian and bicycling opportunities and amenities. While the Project would entail permitting of a drive-through use, the Project design integrates key pedestrian-oriented features intended to serve the surrounding neighborhoods and local uses. These include facets of the Project design not typically seen in intensive auto-oriented areas, such as a smaller building design with walkup ordering only; an enlarged outdoor dining area; identified pedestrian access from both street frontages--including striped pedestrian crosswalks on-site; and enhanced landscaping and buffering of the outdoor dining area from the drive-aisles. Therefore, the proposed Project is consistent with the vision and goals of the SCCSP.
The Project is also consistent with policies outlined in the Economic Prosperity Element chapter of the City’s 2012 General Plan, specifically:
e) Employment Acreage Policy 1.4 Promote quality economic development that fosters job availability, economic revitalization, and tax revenues.
The Project would allow for additional employment (short/long term) opportunities within the SCCSP area, that are walkable, and bikeable to many of the area residents. The proposed restaurant use is replacing an existing vacant restaurant and is not anticipated to generate noise, traffic, lighting, or other impacts that would be detrimental to adjacent properties or uses than what was previously experienced.
In accordance with CEQA Guidelines, an Initial Study/Mitigated Negative Declaration (“IS/MND”) was prepared for the project. The preparation of the environmental review in accordance with CEQA Guidelines and Article 47 of the Escondido Zoning Code ensures the Project’s consistency with the General Plan’s Environmental Review Goal 18.
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f) That the proposed change of zone does not establish a residential below 70% of the maximum permitted density of any lot or parcel of land previously zone 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 Project consists of a Specific Plan Amendment to amend the South Centre City Specific Plan (“SCCSP”). As outlined in Table 4.2 (Permitted Land Uses for Specified District/Subareas) of the SCCSP, multi-family residential uses are not permitted within the 13th Avenue Corners District. The proposed Specific Plan Amendment amends the land use matrix in Table 4.2 to allow an auto-oriented restaurant use within the district, subject to a Conditional Use Permit. The proposed change does not establish residential densities in a district which currently does not permit residential development. g) That the relationship of the proposed change is applicable to specific plans; The proposed change is applicable to the SCCSP, and does not affect the Escondido Zoning Code in that the SCCSP sets the governing standards and allowed uses within it and does not defer to the Zoning Code for allowable uses. The proposed amendment would only impact the 13th Avenue Corners District and more specifically, only one corner of that district where four exist. As indicated in Table 4.2 of the SCCSP, auto-oriented uses continue to be subject to Section 33-341 (Commercial drive-through facilities requirements) of Article 16 (Commercial Zones) of the Escondido Zoning Code.
3. Conditional Use Permit (PL23-0297) (Section 33-1203 of Article 61 – Administration and Enforcement of the Escondido Zoning Code)
With respect to Planning Case No. PL23-0297, City Council make the following findings for approval:
a) A conditional use permit should be granted upon sound principles of land use and in response to services required by the community;
The Project includes construction of a new drive-through facility and associated parking areas and landscape improvements. The new drive-through facility conforms to the requirements of the Specific Plan design guidelines. Furthermore, the Project meets the requirements for new drive-through facilities as outlined in Article 16. The existing vacant restaurant and associated parking areas and landscaping would be demolished, and the Project would revitalize the South Centre City Specific Plan, specifically in the W. 13th Avenue Corners District in a manner that complements the surrounding commercial developments.
Surrounding uses to the Project site include commercial uses to the north and east, a religious facility to the west, and residential uses to the south. The Project entails a design that conforms with development standards for the commercial use, and exemplifies compatibility with all adjacent land uses. The southern property line would continue to have a masonry block wall separating the nonresidential site from the residential use. Additionally, the proposed Project has been designed and conditioned to comply with applicable Specific Plan Design Guidelines. The Project is located within an area that currently does not allow drive-through restaurants; however, through the Specific Plan Amendment the Project is required to process a CUP. The site layout, design, landscaping, and circulation is designed to promote pedestrian connectivity and to reduce land use conflicts with surrounding properties by placing the building and more intensive components of the use farthest from the adjacent residential uses to the south and religious facility to the west. 351
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b) A conditional use permit should not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located; Surrounding uses to the Project site include commercial uses to the north and east, a religious facility to the west, and residential uses to the south. The Project entails a design that conforms with development standards for the commercial use, and exemplifies compatibility with all adjacent land uses. The southern property line would continue to have a masonry block wall separating the nonresidential site from the residential use. Additionally, the proposed Project has been designed and conditioned to comply with applicable Specific Plan Design Guidelines. The Project is located within an area that currently does not allow drive-through restaurants; however, through the Specific Plan Amendment the Project is required to process a CUP. The site layout, design, landscaping, and circulation is designed to promote pedestrian connectivity and to reduce land use conflicts with surrounding properties by placing the building and more intensive components of the use farthest from the adjacent residential uses to the south and religious facility to the west.
The Project was analyzed for its potential impacts to the environment as required by the California Environmental Quality Act (“CEQA”). Based on the analysis contained within the Initial Study/Mitigated Negative Declaration (“IS/MND”), the Project with mitigation measures incorporated would not have a significant effect on the environment. The Project complies with the development standards related to commercial drive-through facilities as outlined Article 16 of the Escondido Zoning Code and those development standards outlined within the Specific Plan for the 13th Avenue Corners District. The Project would demolish an existing vacant restaurant and underutilized parking areas.
The technical studies and analysis conducted for the proposed Project found that the Project would not be detrimental towards surrounding properties, including the mobile home residential uses to the south.
c) A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is to be located; The Project site is located in the southwest corner of W. 13th Avenue and S. Pine Street intersection.
The subject site is within South Centre City Specific Plan (“SCCSP”) and the Project is subject to the design guidelines and standards specified within the SCCSP. The request to amend the SCCSP to add a new land use category within the 13th Avenue Corners District of “eating establishments with a drive through” would include such uses made subject to a Conditional Use Permit. The Specific Plan Amendment enables the review and consideration of the site development application through the issuance of a CUP. The amendment would only permit such use within a limited specified area (i.e., Project site) within the 13th Avenue Corners District in order to limit proliferation of drive-through uses within the district. Such limitation ensures consistency and alignment with the goals of both the Specific Plan and district. Specifically, Table 4.2 of the SCCSP would be modified to allow drive-through operations under a CUP process and the addition of Footnote #4 would allow this use on a site-specific basis for only the southwestern corner. Here, the granting of the proposed Conditional Use Permit is consistent with the historical restaurant use within the Specific Plan and aims to provide economic benefit to the community through new job opportunities for surrounding residents and provide for new development in an area that has not seen redevelopment recently.
4. Design Review Permit Findings (PL24-0217) (Section 33-1359 of Article 64 – Design Review of the Escondido Zoning Code)
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With respect to Planning Case No. PL24-0217, the City Council make the following findings for approval:
a) The proposed site plan has been designed in a manner which is compatible with the natural and urban characteristics of the site and the surrounding neighborhood; The proposed Project is replacing a vacant underutilized restaurant use with another restaurant with a drive-through component. The proposed Project is considered an urban in-fill project that has been designed with minimal grading, and existing infrastructure and utility availability that is complimentary with the neighborhood. The proposed Project would promote pedestrian activity through its unique walk-up design and enhanced outdoor dining area, and utilizes site design that promotes walkability, and bicycle uses, all in a design package that is similar in size, scale, and character of the adjacent commercial uses.
b) The bulk, scale, and architectural design of the proposed structure are compatible with the character of the surrounding neighborhood;
The proposed Project will replace the existing large scale and bulky restaurant structure (9,558 square feet) with a restaurant of reduced profile that is smaller in scale, size (3,126 square feet), and massing.
The architectural designs are complimentary to surrounding color schemes, and provide a mixture of materials, and enhanced visibility (into and from the site). The proposed Project includes compatibility in terms of design and landscape components to that of the surrounding community. The proposed building’s façades along W. 13th Avenue (i.e., the primary street) and S. Pine Street would include large windows, which would allow clear views into the interior to the restaurant. The use of lattice screening (low/high height) for the open-air dining and ordering/pickup areas would facilitate visual transparency and interest into the site and the new structures. c) The project incorporates landscaping, irrigation and screening which is drought tolerant, appropriate for the site, and in compliance with the landscape standards established by the city; The conceptual landscape design plans have been reviewed by City staff for community design and implementation of landscape palettes, color schemes, consistent public right of way enhancements, screening where appropriate, and to encourage the use of drought tolerant and/or native plant materials. The landscape designs are complimentary in use of plants, colors, shade trees (35 trees), and buffer plantings. The irrigation system proposes to incorporate water conservative measures and devices, and install flow and rain sensors to reduce water usage consistent with Article 62 of the Zoning Code.
d) All grading related to the project is in conformance to design standards set by Article 55, Grading and Erosion Control;
The Project site is an existing vacant restaurant use previously developed with parking area and landscaping. The grading activities would be concentrated around the removal of the existing building including the foundation, parking lot areas, and landscaping, as well as any necessary trenching for utility purposes and/or right-of-way improvements. All of the proposed grading would be reviewed during the final engineering process, subject to City grading standards, erosion control measures, and polices. The proposed conceptual grading is consistent with those requirements, and further detail and information necessary for earthwork would adhere and be reviewed through the postentitlement final engineering process.
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e) The project has incorporated the applicable design review standards contained in the ordinance codified in this section and other applicable ordinances into the site layout and building design; The proposed Project incorporates applicable design review standards, such as appropriate size and scale of the proposed restaurant structure; provides landscape buffers along Project edges; enhances public right-of-way by installing direct pedestrian connections from W. 13th Avenue and S. Pine Street; and includes onsite internal pathways and lighting safety features. f) The project is consistent with the goals and objectives on the city general plan; The proposed Project would be consistent with the goals and polices of the General Plan in that specific plans are documents designed and written to implement the goals and policies of a general plan. The vision for the SCCSP includes developing the specific plan area with attractive design and economically viable development. Goals of the SCCSP include developing neighborhood-serving specific commercial uses, as well as preserving and enhancing commercial development key nodes.
The 13th Avenue Corners District is identified as a key commercial node that seeks to improve this specific intersection (Centre City Parkway and 13th Avenue) for the purposes of enhancing safety and increasing pedestrian and bicycling opportunities and amenities. While the Project would entail permitting of a drive-through use, the Project design integrates key pedestrian-oriented features intended to serve the surrounding neighborhoods and local uses. These include facets of the Project design not typically seen in intensive auto-oriented areas, such as a smaller building design with walkup ordering only; an enlarged outdoor dining area; identified pedestrian access from both street frontages--including striped pedestrian crosswalks on-site; and enhanced landscaping and buffering of the outdoor dining area from the drive-aisles. Therefore, the proposed Project is consistent with the vision and goals of the SCCSP.
The Project is also consistent with policies outlined in the Economic Prosperity Element chapter of the City’s 2012 General Plan, specifically:
a) Employment Acreage Policy 1.4 Promote quality economic development that fosters job availability, economic revitalization, and tax revenues.
The Project would allow for additional employment (short/long term) opportunities within the SCCSP area, that are walkable, and bikeable to many of the area residents. The proposed restaurant use is replacing an existing vacant restaurant and is not anticipated to generate noise, traffic, lighting, or other impacts that would be detrimental to adjacent properties or uses than what was previously experienced.
In accordance with CEQA Guidelines, an Initial Study/Mitigated Negative Declaration (“IS/MND”) was prepared for the project. The preparation of the environmental review in accordance with CEQA Guidelines and Article 47 of the Escondido Zoning Code ensures the Project’s consistency with the General Plan’s Environmental Review Goal 18.
In addition to the required findings for the requested entitlements, the South Centre City Specific Plan requires the additional specific findings for any major project within the Specific Plan area.
5. South Centre City Specific Plan Findings for Approval (Section 9.2.2.1 of Chapter 9 of the South Centre City Specific Plan)
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With respect to the Project, the City Council make the following findings for approval of the Project:
a) The project successfully reflects the goals and vision of the Specific Plan; The Project site is governed by the South Centre City Specific Plan (“SCCSP”). Specific Plans are documents designed and written to implement the goals and policies of a general plan. The vision for the SCCSP includes developing the specific plan area with attractive design and economically viable development. Goals of the SCCSP include developing neighborhood-serving specific commercial uses, as well as preserving and enhancing commercial development key nodes. The 13th Avenue Corners District is identified as a key commercial node that seeks to improve this specific intersection (Centre City Parkway and 13th Avenue) for the purposes of enhancing safety and increasing pedestrian and bicycling opportunities and amenities. While the Project would entail permitting of a drive-through use, the Project design integrates key pedestrian-oriented features intended to serve the surrounding neighborhoods and local uses. These include facets of the Project design not typically seen in intensive auto-oriented areas, such as a smaller building design with walk-up ordering only; an enlarged outdoor dining area; identified pedestrian access from both street frontages--including striped pedestrian crosswalks on-site; and enhanced landscaping and buffering of the outdoor dining area from the drive-aisles. Therefore, the proposed Project is consistent with the vision and goals of the SCCSP.
b) The project represents successful implementation of the Specific Plan’s development standards and complies with all other applicable provisions of local and State law; The Project complies with development standards outlined in the Specific Plan, and Article 16 (Commercial Zones) of the Escondido Zoning Code which further regulates auto-oriented uses. An Initial Study/Mitigated Negative Declaration was prepared in accordance with State Law, and found that any impacts from the Project may be mitigated to less than significant with mitigation incorporated. c) The Project exhibits overall, successful implementation of site and building design guidelines and the project reinforces the design context of the surrounding area; The Project site is governed by the South Centre City Specific Plan (“SCCSP”). Specific Plans are documents designed and written to implement the goals and policies of a general plan. The vision for the SCCSP includes developing the specific plan area with attractive design and economically viable development. Goals of the SCCSP include developing neighborhood-serving specific commercial uses, as well as preserving and enhancing commercial development key nodes. The 13th Avenue Corners District is identified as a key commercial node that seeks to improve this specific intersection (Centre City Parkway and W. 13th Avenue) for the purposes of enhancing safety and increasing pedestrian and bicycling opportunities and amenities. While the Project would entail permitting of a drive through use, the Project design integrates key pedestrian-oriented features intended to serve the surrounding neighborhoods and local uses. These include facets of the Project design not typically seen in intensive auto-oriented areas, such as a smaller building design with walk-up ordering only; an enlarged outdoor dining area; identified pedestrian access from both street frontages—including striped pedestrian crosswalks on-site; and enhanced landscaping and buffering of the outdoor dining area from the driveaisles. Therefore, the proposed Project is consistent with the vision and goals of the SCCSP.
The proposed Project would replace the existing large scale and bulky restaurant structure (9,558 square feet) with a restaurant of reduced profile that is smaller in scale, size (3,126 square feet), and 355
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massing. The architectural designs are complimentary to surrounding color schemes, and provide a mixture of materials, and enhanced visibility (into and from the site). The proposed Project includes compatibility in terms of design and landscape components to that of the surrounding community through use of buffered landscape areas between the adjacent public right-of-way and the site improvements. The proposed building’s façades along W. 13th Avenue (i.e., the primary street) and S. Pine Street would include large windows, which would allow clear views into the interior to the restaurant. The use of lattice screening (low/high height) for the open-air dining and ordering/pickup areas would facilitate visual transparency and interest into the site and the new structures. 356
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PLANNING CASE NOS. PL23-0296, PL23-0297 and PL24-0217
CONDITIONS OF APPROVAL
(Specific Plan Amendment, Conditional Use Permit, and Design Review Permit) This Project is conditionally approved as set forth on the application received by the City of Escondido on June 7, 2023, and the Project drawings consisting of Site Plans, Architectural Elevations, Civil Sheets/Grading, Conceptual Landscape Plans, and Colored Elevations; all designated as recommend for approval October 8, 2024, and shall not be altered without express authorization by the Development Service Department.
For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, and the Applicant’s successors in interest, as may be applicable.
A. General:
1. Acceptance of Permit. If the Applicant fails to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant:
a. Acceptance of the Permit by the Applicant; and
b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.
2. Permit Expiration. If the Permit was filed as or concurrent with a Tentative Map or Planned Development application, the Permit shall expire 36 months from the effective date of approval, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code. If not filed as concurrent with a Tentative Map or Planned Development application, the Permit shall automatically expire after one year from the date of this approval, or the expiration date of any extension granted in accordance with the Escondido Municipal Code and Zoning Code.
The Permit shall be deemed expired if a building permit has not been obtained or work has been discontinued in the reliance of that building permit. If no building permits are required, Resolution No. 2024-160
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the City may require a noticed hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed, pursuant to and in accordance with the provision of this Permit.
3. Certification. The Director of Development Services, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. A final Approved Plan set, shall be submitted to the Planning Division for certification electronically. Said plans must be certified by the Planning Division prior to submittal of any post-entitlement permit, including grading, public improvement, landscape, or building plans for the Project.
4. Conformance to Approved Plans.
a. The operation and use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set. b. Nothing in this Permit shall authorize the Applicant to intensify the authorized activity beyond that which is specifically described in this Permit. c. Once a permit has been issued, the Applicant may request Permit modifications. “Minor" modifications may be granted if found by the Director of Development Services to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.
5. Limitations on Use. Prior to any use of the Project site pursuant to this Permit, all Conditions of Approval contained herein shall be completed or secured to the satisfaction of the Development Services Department.
6. Certificate of Occupancy.
a. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Resolution No. 2024-160
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Occupancy from the Building Official, as required, and any such change in occupancy must comply with all other applicable local and state laws. b. Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Development Services.
7. Availability of Permit Conditions.
a. Prior to building permit issuance, the Applicant shall cause a covenant regarding real property to be recorded that sets forth the terms and conditions of this Permit approval and shall be of a form and content satisfactory to the Director of Development Services.
b. The Applicant shall make a copy of the term’s conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall be printed on any construction plans that are submitted to the Building Division for plan check processing.
8. Right to Entry. The holder of this Permit shall make the premises available for inspection by City staff during construction or operating hours and allow the investigations of property necessary to ensure that minimum codes, regulations, local ordinances and safety requirements are properly followed. The Applicant shall provide such business records, licenses, and other materials necessary upon request to provide evidence of compliance with the conditions of approval, as well as federal, state, or laws.
9. Compliance with Federal, State, and Local Laws. Nothing in this Permit shall relieve the Applicant from complying with conditions, performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. (Permits from other agencies may be required as specified in the Permit’s Details of Request.) This Permit does not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building permits are issued unless specifically waived herein.
No part of this Permit’s approval shall be construed to permit a violation of any part of the Escondido Municipal or Zoning Code. During Project construction and after Project Resolution No. 2024-160
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completion, the Applicant shall ensure the subject land use activities covered by this Permit is conducted in full compliance with all local and state laws.
10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Development Services. Through plan check processing, the Applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Development Services Department.
Approval of this development project is conditioned upon payment of all applicable development fees and connection fees in the manner provided in Chapter 6 of the Escondido Municipal Code.
11. Public Art Partnership Program. All requirements of the Public Art Partnership Program, Ordinance No. 86-70 shall be satisfied prior to any building permit issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program.
12. Clerk Recording.
a. State Law (SB 1535), effective January 1, 2007, requires certain projects to pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resources and/or sensitive habitat, in accordance with State law, or if the Project was analyzed through a negative declaration or environmental impact report, the Applicant shall remit to the City of Escondido Planning Division, within two working days of the effective date of the adoption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County notification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid. The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increases after the date of this approval, the Applicant shall be responsible for the increase.
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b. For more information on filing fees, please refer to the County Clerk’s Office and/or the California Code of Regulations, Title 14, Section 753.5.
13. Legal Description Adequacy. The legal description attached to the application has been provided by the Applicant and neither the City of Escondido nor any of its employees assume responsibility for the accuracy of said legal description.
14. Application Accuracy. The information contained in the application and all attached materials are assumed to be correct, true, and complete. The City of Escondido is relying on the accuracy of this information and Project-related representations in order to process this application. Any permits issued by the City may be rescinded if it is determined that the information and materials submitted are not true and correct. The Applicant may be liable for any costs associated with rescission of such permits.
15. Revocation, Suspension, Modification. At any time after Project implementation, the City may require a noticed public hearing to be scheduled before the Planning Commission to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. This item may be referred to the appropriate decision-making body upon recommendation of the Director of Development Services for review and possible revocation or modification of the Permit regarding non-compliance with the Conditions of Approval.
This Permit may be revoked, suspended or modified by the Planning Commission, or by the City Council on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing, and after the following findings are fully investigated:
a. A violation of any term or condition not abated, corrected or rectified within the time specified on the notice of violation; or
b. A violation of any City ordinance, state law, or federal law not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates or constitutes a nuisance.
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16. Indemnification, Hold Harmless, Duty to Defend.
a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunteers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sublessees, invitees, agents, consultants, employees, or volunteers) or such activity of any other person that is permitted by the Applicant performed in furtherance of constructing the Project or as a result of the design of the Project, or such activity of any other person that is permitted by the Applicant or owner of the Property, occurring in furtherance of constructing the Project or as a result of the design of the Project, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in furtherance of constructing the Project or as a result of the design of the Project, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).
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b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals.
Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project). c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations.
Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.
B. Construction, Maintenance, and Operation Obligations:
1. Code Requirements. All construction shall comply with the applicable requirements of the Escondido Municipal Code, Escondido Zoning Code, California Building Code; and the requirements of the Planning Division, Engineering Services Department, Director of Development Services, Building Official, City Engineer, and the Fire Chief in carrying out the Resolution No. 2024-160
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administration of said codes. Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit issuance unless specifically waived herein.
As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on the property advertising such property for sale or rent shall be in accordance with applicable laws, and be kept clean, in like-new condition, and free from fading and graffiti at all times. This condition shall be applicable from the date the land use is approved. The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.
2. Agency License and Permitting. In order to make certain on- or off-site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies. Nothing in these Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on- or off-site improvements prior to Final Map recordation, grading permit issuance, building permit issuance, or certificate of occupancy as required. This review may result in conditions determined by the reviewing agency.
At all times during the effective period of this Permit, the Applicant and any affiliated responsible party shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the construction, maintenance, and operation of the authorized activity.
3. Utilities. All new utilities and utility runs shall be underground, or fee payment in-lieu subject to the satisfaction of the City Engineer.
4. Signage. All proposed signage associated with the Project must comply with Article 66 (Sign Ordinance) of the Escondido Zoning Code. Separate sign permits will be required for Project signage. All non-conforming signs shall be removed. The Applicant shall submit with any sign permit graphic/list of all signs to be removed and retained, along with any new signage proposed.
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5. Noise. All Project generated noise shall conform to the City’s Noise Ordinance (Ordinance 90-08).
6. Lighting. All exterior lighting shall conform to the requirements of Article 35 (Outdoor Lighting Ordinance) of the Escondido Zoning Code.
7. General Property Maintenance. The property owner or management company shall maintain the property in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. The Applicant shall paint and re-paint all building exteriors, accessory equipment, and utility boxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.
8. Anti-Graffiti. The Applicant shall remove all graffiti from buildings and wall surfaces within 48 hours of defacement, including all areas of the job site for when the Project is under construction.
9. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris.
Cleaning shall include keeping all publicly used areas free of litter, trash, and garbage.
10. Roof, Wall, and Ground Level Equipment. All mechanical equipment shall be screened and concealed from view in accordance with Section 33-1085 of the Escondido Zoning Code.
11. Trash Enclosures. All appropriate trash enclosures or other approved trash systems shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensuring that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner.
Trash enclosure covers shall be closed when not in use. Trash enclosures shall be regularly emptied. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.
12. Staging Construction Areas. All staging areas shall be conducted on the subject property, subject to approval of the Engineering Department. Off-site staging areas, if any, shall be approved through the issuance of an off-site staging area permit/agreement.
13. Disturbance Coordinator. The Applicant shall designate and provide a point-of-contact whose responsibilities shall include overseeing the implementation of Project, compliance with Permit terms and conditions, and responding to neighborhood concerns.
Resolution No. 2024-160
Exhibit "G"
365
Item16.
14. Construction Waste Reduction, Disposal, and Recycling. Applicant shall recycle or salvage for reuse a minimum of 65% of the non-hazardous construction and demolition waste for residential projects or portions thereof in accordance with either Section 4.408.2, 4.408.3, or
4.408.4 of the California Green Building Standards Code; and/or for non-residential projects or portions thereof in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non-residential construction projects, the Applicant must submit appropriate documentation as described in Section 4.408.5 of the California Green Building Standards Code for residential projects or portions thereof, or Section
5.408.1.4 for non-residential projects or portions thereof, demonstrating compliance with the California Green Building Standards Code sections cited above.
15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50- horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB-verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Director of Development Services that (i) at least two construction fleet owners/operators in San Diego County were contacted and those owners/operators confirmed Tier 4 Interim equipment could not be located within San Diego County during the desired construction schedule, and (ii) the proposed replacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method, and documentation provided to the Planning Division confirms that necessary project-generated functional equivalencies in the diesel PM emissions level are achieved.
16. Phasing. A phasing plan shall be submitted for all projects which include more than one building. The phasing plan shall identify the order in which all on- and off-site improvements will be installed, including triggers for improvements resulting from mitigation measures placed on the project through the environmental review process or required for General Plan conformance. The plan shall also identify the order in which structures will be built and Resolution No. 2024-160
Exhibit "G"
366
Item16.
occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.
C. Parking and Loading/Unloading.
1. Parking spaces provided by the Applicant, and any additional parking spaces above the required minimum amount, shall be dimensioned per City standards and be maintained in a clean, well-marked condition. The striping shall be drawn on the plans or a note shall be included indicating double-striping per City standards.
2. Parking for disabled persons shall be provided (including “Van Accessible” spaces) in full compliance with the State Building Code.
3. In accordance with the California Green Building Standard Code, required spaces shall be designated for clean air vehicles (CAV), and shall be shown on the revised site plan to the satisfaction of the Planning and Building divisions.
4. No contractor or employee may store, or permit to be stored, a commercial or construction vehicle/truck; or personal vehicle, truck, or other personal property on public-right-of-way or other public property without permission of the City Engineer.
D. Landscaping: The property owner or management company assumes all responsibility for maintaining all on-site landscaping; any landscaping in the public right-of-way adjacent to the property, including potted plants; and any retaining and freestanding walls in a manner that satisfies the conditions contained herein.
1. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation shall be provided for all landscape areas and be maintained in a fully operational condition.
2. All existing planting and planter areas, including areas within the public right-of-way, shall be repaired and landscaping brought into compliance with current standards. All dead plant material shall be removed and replaced by the property owner or management company.
3. If at the time of planning final inspection that it is determined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.
Resolution No. 2024-160
Exhibit "G"
367
Item16.
4. The landscaped areas shall be free of all foreign matter, weeds and plant material not approved as part of the landscape plan.
5. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the Permit approval.
6. Landscaping Plans. Applicant shall install all required improvements including screening walls, retaining walls, storm improvements, and landscaping in substantial conformance to the planting and irrigation schedule as shown on the final Approved Plan set. a. A final landscape and irrigation plan shall be submitted to the Engineering Services Department for review and approval, if meeting any of the criteria listed under Section 33-1323 of the Zoning Code. Five copies of detailed landscape and irrigation plans shall be submitted to the Engineering Services Department with the second submittal lf the grading plan. The initial submittal of the landscape plans shall include the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also be required.) The landscape and irrigation plans shall be reviewed and approved by the Planning Division and Engineering Services Department prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the satisfaction of the Planning Division.
The required landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.
b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. planting and irrigation) is to be provided prior to final occupancy. c. The installation of the landscaping and irrigation shall be inspected by the Project landscape architect upon completion. He/she shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection.
Resolution No. 2024-160
Exhibit "G"
368
Item16.
d. Any new freestanding walls and/or retaining walls shall incorporate decorative materials or finishes, and shall be indicated on the landscaping plans. (Building permits may also be required.) All freestanding walls visible from points beyond the Project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be a type satisfactory to the Director of Development Services.
e. New or retrofitted trash enclosures shall accommodate vertical climbing plants, vines with support trellis panels, clinging non-deciduous or fast-growing shrubbery that will screen the enclosures wall surface. The Director of Development Services shall find that the proposed landscaping design, material, or method provides approximate equivalence to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions.
E. Specific Planning Division Conditions:
1. The Applicant shall be responsible for ensuring that all mitigation measures identified in the Mitigation Monitoring and Reporting Program, included as Exhibit B to this resolution, are implemented.
2. All uses, hours of operation, and activities shall be substantially consistent with the Details of Request on-file with the Planning Division, and as described within this report. Any substantial changes to the hours of operation shall subject to review and written approval by the Director of Community Development or his/her designee.
3. All new mechanical equipment (air conditioning units) and appurtenances placed on the roof structure shall be screened from public view to the satisfaction of the Planning Division. The preferred method of screening is by parapet wall or other architecture feature, which shall be clearly demonstrated on the building plans to the satisfaction of the Planning Division.
4. No outside storage is approved for this site, except the proposed long/short term bicycle parking/storage area adjacent to the outdoor patio area.
5. Project shall obtain a demolition permit for the existing restaurant structure, and shall comply with construction waste management requirements.
6. No expansion of the drive-through business would be allowed without a conditional use permit modification.
Resolution No. 2024-160
Exhibit "G"
369
Item16.
7. Approval of this conditional use permit in no way implies approval of any sign or sign location.
A separate permit is required.
F. Specific Building Division Conditions:
1. Approval and subsequent development are subject to all conditions and requirements of the California Building Code and Building Division.
G. Specific Engineering Division Conditions:
GENERAL
1. The Developer shall provide the City Engineer with a current Preliminary Title Report covering subject property.
2. The location of all existing on-site and adjacent utilities shall be determined by the Developer’s engineer. If a conflict occurs with the proposed project or improvements, these utilities shall be relocated subject to approval of the owner of the utility/facility prior to approval of Grading plans and issuance of Building Permits.
3. Improvement plans prepared by a Civil Engineer, required for all public street, traffic, utility, and storm drain improvements, and Grading/Private Improvement plans prepared by Civil Engineer, required for all grading, drainage and private onsite improvement design, shall be submitted for review through the virtual plan review portal as a single package containing all items on the Engineering Initial Submittal Checklists. Landscaping Plans shall be prepared by a Landscape Architect.
4. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Grading and Improvements Cost prepared by the project engineer. The Developer is required to provide a Cash Clean Up deposit for all grading, landscaping, private Improvements and onsite drainage improvements prior to approval of Grading Plans and issuance of Grading Permit. This Cash Clean Up Deposit amount shall be 10% of the total cost of the project private improvements, drainage and landscaping. The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10 % of total public improvement cost estimate) bonds for all public improvements prior to approval of the Improvement Plans and issuance of Building Permits. All improvements shall be completed prior to issuance of a Certificate of Occupancy.
Resolution No. 2024-160
Exhibit "G"
370
Item16.
5. As surety for the construction of any required off-site and/or on-site improvements, bonds and agreements in a form acceptable to the City Attorney shall be posted by the Developer with the City of Escondido prior to the approval of any building permit.
6. If site conditions change adjacent to the proposed development prior to completion of the project, the Developer will be responsible to modify their improvements to accommodate these changes. The determination and extent of the modification shall be to the satisfaction of the City Engineer.
7. All public improvements shall be constructed in a manner that does not damage existing public improvements. Any damage shall be corrected by the Developer to the satisfaction of the City Engineer.
8. The Developer’s engineer shall submit to the Planning Department a copy of the Plot Plan as conditionally approved. This copy shall be signed by the Planning Department certifying that this is a copy of the final approved Plot Plan and a PDF of this must be uploaded with the first Final Engineering submittal for plan check to the Engineering Department.
STREET IMPROVEMENTS AND TRAFFIC
1. All project driveways shall be alley-type in accordance with Escondido Standard Drawing No.
G-5-E, with a minimum throat width of 24’.
2. The Developer shall install a High-visibility Crosswalk together with a Rectangular Rapid Flashing Red Beacon (RRFB) system across 13th Avenue on the east side of its intersection with Quince Street.
3. The Developer shall install two (2) High-visibility Crosswalks across Pine Street, one at the north and one at the south leg of its intersection with 13th Avenue.
4. The Developer shall restripe 13th Avenue at the Orange Street intersection to provide dedicated left turn pockets together with centerline transitions for both the east bound and west bound directions of 13th Avenue. This dedicated left turn pocket restriping will also require the removal of curb side parking along sections of 13th Avenue adjacent to these left turn pockets and the centerline striping transitions.
5. The Developer will be responsible for removal of all existing and the design, furnishing, and installation of all new signing and striping in compliance with current CA MUTCD standards and to the satisfaction of the City Engineer.
6. The Developer shall submit separate traffic equipment and signing and striping improvement plans prepared by a Traffic Engineer for review and approval by the City Engineer for the above conditioned items of work.
Resolution No. 2024-160
Exhibit "G"
371
Item16.
7. The Developer shall repaint all pavement striping and markings adjacent to the project that have been damaged and prematurely faded due to project construction traffic to the satisfaction of the City Engineer.
8. All unused driveways shall be removed and replaced with full height curb and gutter and sidewalk in accordance with City standards.
9. The Developer shall remove and replace all damaged sidewalk, curb and gutter, along all project frontages to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy.
10. The Developer may be responsible for an overlay of portions 13th Avenue due to utility trenches necessary to serve this project. The determination of the extent of any required overlay shall be to the satisfaction of the City Engineer.
11. Pedestrian access routes meeting current ADA requirements shall be provided into the project to the satisfaction of the City Engineer and City Building Official.
12. Adequate horizontal sight distance shall be provided at all driveway entrances and at the project corner of 13th Avenue and Pine Street. Increased parkway widths, open space easements, and restrictions on landscaping may be required at the discretion of the City Engineer.
13. The Developer will be required to provide a detailed detour and traffic control plan, for all construction activities in the public right-of-way to the satisfaction of the City Engineer. This plan shall include any proposed sidewalk closures and provide for alternate pedestrian access around the project site. This plan shall be approved prior to the issuance of an Encroachment Permit for construction or other project activities within the public right-of-way.
GRADING
1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be approved by the Engineering Department prior to issuance of building permits. The first submittal of the grading plan shall be accompanied by a copy of the preliminary soils and geotechnical report. The Soils Engineer will be required to indicate in the soils report that they have reviewed the grading design and found it to be in conformance with their recommendations.
2. Any proposed retaining walls not a part of the building foundations or stem walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be shown on the site grading plan and the Soils Engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in the Geotechnical report. Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered by Regional or City Resolution No. 2024-160
Exhibit "G"
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Item16.
Standard Drawings. The Developer will be required to pay for all required third party structural engineering review of these structural calculations and details. Stem walls, foundation structures, or deepened footings that are to be constructed as part of a building structure will be permitted as part of the Building Department plan review and Building Permit process.
3. All retaining walls and screen walls, stairs and raised landings shall be constructed completely within the Project property and shall not encroach into the public R/W.
4. The Developer will be required to obtain permission from adjoining property owners for any off-site grading or other work necessary to construct the project and/or the required improvements.
5. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The Developer shall be responsible for maintaining all erosion control facilities throughout the project.
6. All blasting operations performed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.
7. All existing foundations, structures, trees not otherwise designated “to remain” on the Plot plan, shall be removed or demolished from the site.
8. The Developer shall be responsible for the recycling of all excavated materials designated as Industrial Recyclables (soil, asphalt, sand, concrete, land clearing brush and rock) at a recycling center or other location(s) approved by the City Engineer.
9. All private access drives and parking areas shall be paved with a minimum of 3” asphalt concrete over 6” of aggregate base or 5.5” of Portland cement concrete over 6” aggregate base. All drive-through lanes shall be paved with Portland cement concrete.
10. All driveway grades shall conform to current Escondido Design Standards and Escondido Standard Drawings.
DRAINAGE
1. Final storm drain improvements shall be determined to the satisfaction of the City Engineer and shall be based on a Final Drainage Study to be prepared by the Engineer of Work. The drainage study shall be in conformance with the City of Escondido Design Standards.
2. All on-site storm drains and basins are private. The responsibility for maintenance of these storm drains shall be that of the Property Owner.
3. The project shall limit drainage flows to their pre-construction rates. Details and calculations for any detention vaults shall be submitted and approved as part of the grading plan check.
Resolution No. 2024-160
Exhibit "G"
373
Item16.
4. A Final Storm Water Quality Management Plan (SWQMP) in compliance with the City’s latest adopted Storm Water Design Manual shall be prepared for all newly created or replaced onsite impervious areas, impervious frontage, and required offsite improvements. The SWQMP shall be submitted for approval with the final improvement and grading plans. The SWQMP shall include calculations for treatment, hydromodification, and storage volumes.
The SWQMP shall include detailed maintenance requirements and responsibilities for all onsite conveyance, treatment, hydromodification, and detention facilities. The SWQMP shall demonstrate how any proposed proprietary best management practices like modular wetlands meet bio-filtration treatment requirements in accordance with the City’s Storm Water Design Manual.
5. All site drainage with emphasis on the roadway, parking and driveway areas shall be treated to remove expected contaminants. The City highly encourages the use of bio-retention basins where possible as the primary method of storm water retention and treatment. The landscape plans will need to reflect these areas of storm water treatment.
6. Trash enclosures shall be covered and be constructed to comply with storm water quality management requirements to the satisfaction of the City Engineer.
7. The Developer will be required to have the current owner of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement.
8. All project installed storm water treatment and retention facilities and their drains including underground storage, any permeable paver areas shall be considered private. The maintenance and repair of all project constructed/installed post construction storm water treatment facilities shall be the responsibility of the Property Owner.
WATER SUPPLY
1. If required, fire hydrants and/or detector check assemblies together with an adequate water supply shall be installed at locations approved by the Fire Marshal. Fire hydrants and detector check assemblies shall connect to a minimum 8-inch water main.
2. If required, the final locations and sizing of all required water mains, water services, fire hydrants, detector check assemblies, and other water appurtenances shall be designed and installed to the satisfaction of the Director of Utilities and the Fire Marshal.
3. Any required fire suppression and sprinkler systems beyond the Detector Check Valves are private and shall be designed and constructed per current Building, Plumbing, and Fire Code Standards, and per the requirements of the City Fire Marshal and City Building Official and shall be approved by a separate submittal to the Building Department. Although private and approved by separate plans and permit, any fire suppression lines shall be shown for reference and review on the various final engineering plan sets.
Resolution No. 2024-160
Exhibit "G"
374
Item16.
4. Any on-site water lines and backflow prevention devices beyond a City water meter or DDCA shall be considered a private water system. The Property Owner shall be responsible for all maintenance of these water lines and appurtenances.
5. A 1-inch minimum water service, 1-inch water meter, and backflow prevention device shall be required for domestic water supply per City of Escondido Design Standards and Standard Drawings. Water meters and backflow prevention devices shall not be installed within a driveway apron or on private drive areas.
6. No trees or deep-rooted bushes shall be planted within 10-feet of any water mains or services.
7. There shall be no permanent private structures located within the City’s Public Utility Easements.
8. Improvement plans for any required public water mains shall be prepared by a Civil Engineer and submitted to the City of Escondido for review and approval.
9. All public water mains shall be located under asphalt or concrete paving and not under curbs, gutters, median or sidewalks.
10. Backflow prevention assemblies are private and should be located on private property.
Backflows shall be located directly behind the public meter.
11. Any water services to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the public water meter to the satisfaction of the Director of Utilities and Water Distribution Department.
12. Any fire hydrants to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the fire hydrant per the satisfaction of the Director of Utilities and Water Distribution Department.
13. The Developer shall disconnect at the public main, all water services and fire hydrants laterals to be abandoned, to the satisfaction of the Director of Utilities and Water Distribution Department.
SEWER
1. A private 6-inch minimum PVC sewer lateral with a standard clean-out within 18-inches of the Public Utility Easement or right-of-way shall be constructed for the project and shown on the Improvement and Grading plans. Sewer laterals less than 8-inches in diameter shall connect to the sewer main with a wye or Inserta-Tee.
Resolution No. 2024-160
Exhibit "G"
375
Item16.
2. All sewer laterals shall be constructed per current City of Escondido Design Standards and Standard Drawings within the right-of-way or public easement and per the current the Uniform Plumbing Code onsite.
3. No trees or deep-rooted bushes shall be planted within 15-feet of any sewer main or within 10-feet of any sewer lateral. Sewer laterals shall be 5-feet horizontally clear from other utilities.
4. All sewer laterals shall be considered a private sewer system. The Property Owner shall be responsible for all maintenance of sewer laterals to the public sewer main.
5. The project design shall be such that all existing or new sewer manholes are accessible at all times by the City Vactor truck for maintenance.
6. The Developer shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Director of Utilities and the City Inspector.
7. The location of all sewer laterals shall be shown on the grading and improvement plans.
LANDSCAPING
1. Project Landscaping and Irrigation plans for onsite and for all right-of-way areas along the project frontages shall be prepared by a Licensed Landscape Architect and submitted to the Engineering Department with the second submittal of the grading plans for review and approval by Engineering and Planning Departments. The initial submittal of the landscape plans shall include the required Planning Department Review fees in effect at the time of the submittal. The watering and maintenance of all landscaping and irrigation within the public right-of-way along the project frontages shall be the ongoing responsibility of the Property Owner.
EASEMENTS AND DEDICATIONS
1. All private and public easements affecting subject property both proposed and existing to remain shall be shown, delineated, dimensioned, and clearly labeled on all final engineering plan sets.
2. The Developer is responsible for making the arrangements to quitclaim all easements of record which conflict with the proposed project prior to issuance of Building Permits. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval of the Grading plans. Building permits will not be issued for structures in which construction will conflict with existing easements or utilities, nor will any securities be released until the existing easements are quitclaimed.
Resolution No. 2024-160
Exhibit "G"
376
Item16.
3. If needed the Developer shall grant a public water easement to the City for the placement of water mains, water meters, DDCAs, and air valves to the satisfaction of the City Engineer and Director of Utilities.
Material necessary for processing a dedication or easement shall include: a current grant deed or title report, a legal description and plat of the dedication or easement signed and sealed by a person authorized to practice land surveying (document size) and traverse closure tapes. The City will prepare all final documents.
SURVEYING AND MONUMENTATION
1. All property corners shall be verified to be monumented by a person authorized to practice land surveying and a Record of Survey Map (or Corner Record if appropriate) shall be recorded if new monuments need to be set.
FEES
1. A cash security shall be posted to pay any costs incurred by the City to clean-up eroded soils and debris, repair damage to public or private property and improvements, install Best Management Practices devices and materials, and stabilize and/or close-up a non-responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the Developer until the required cash security is replaced. The cleanup cash security shall be released upon final acceptance of the grading and improvements for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading, retaining walls, walls, drainage facilities, landscaping and irrigation, and best management practices items of work up to a maximum of $50,000, unless a higher amount is deemed necessary by the City Engineer.
2. The Developer shall be required to pay all development fees of the City then in effect at the time, and in such amounts as may prevail when Building Permits are issued.
UTILITY UNDERGROUNDING AND RELOCATION
1. All existing overhead utilities within the project boundary or along fronting streets shall be relocated underground as required by the City’s Undergrounding and Subdivision Ordinances.
The Developer may request a waiver of this condition by writing a letter to the City Engineer explaining his/her reasons for requesting the waiver. The Developer will be required to pay a waiver fee as adopted by City Council resolution.
2. The Developer shall sign a written agreement stating that they have made all such arrangements as may be necessary to coordinate and provide utility construction, relocation and undergrounding. All new utilities shall be constructed underground.
Resolution No. 2024-160
Exhibit "G"
377
Item16.
Resolution No. 2024-160
Exhibit "G"
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Attachment 1
PLANNING CASE NOS. PL23-0296/PL23-0297/PL24-0217
Draft Specific Plan Amendment text in strikethrough and underline (excerpted pages only) Attachment "1"
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Attachment "1"
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Attachment "1"
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Attachment "1"
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Attachment "1"
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STAFF REPORT
October 8, 2024
PL23-0296, PL23-0297, and PL24-0217
515 W. 13th Avenue for Chick-Fil-A Restaurant Drive Through Restaurant PROJECT NUMBER / NAME: PL23-0296, PL23-0297 & PL24-0217 / Chick-Fil-A Restaurant Drive Through Restaurant
REQUEST: Approve Resolution No. 2024-19 recommending approval to City Council of a Specific Plan Amendment to the South Centre City Specific Plan to allow for “auto-oriented eating establishments” as a conditionally permitted use within the 13th Avenue Corners District specifically on the subject site in addition to minor text changes to development standards and definitions; a Conditional Use Permit to permit a proposed drive-through use; and a Design Review Permit for construction of a drive through facility. The project would demolish an existing 9,558 square-foot restaurant building and construct a new 3,124 square-foot drive-through restaurant with a dual lane drive-through and associated menus, surface parking and landscaping improvements, and outdoor dining area. The request also includes adoption of the environmental document prepared for the project.
PROPERTY SIZE AND LOCATION: The 1.4-acre site APPLICANT: 4G Development & Consulting is located at the southwest corner of W. 13
th Avenue and
S. Pine Street, addressed as 515 W. 13
th Avenue
(Assessor’s Parcel Numbers(s): 236-161-07-00 and
236-161-06-00).
GENERAL PLAN / ZONING: South Centre City Specific
Plan (SPA 15) / Specific Plan Area (S-P)
PRIMARY REPRESENTATIVE: Ed Hale, Senior
Development Director, 4G Dev. & Consulting
DISCRETIONARY ACTIONS REQUESTED: Specific Plan Amendment, Conditional Use Permit, and Design Review Permit
PREVIOUS ACTIONS: N/A
CEQA RECOMMENDATION: Recommend adoption of the Initial Study/Mitigated Negative Declaration STAFF RECOMMENDATION: Recommend approval to the City Council REQUESTED ACTION: Approve Planning Commission Resolution No. 2024- 19 CITY COUNCIL HEARING REQUIRED: _X_YES ___NO
REPORT APPROVALS: X Dare DeLano, Senior Deputy City Attorney X Veronica Morones, City Planner
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Attachment "2"
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BACKGROUND
On April 4, 2018, the City Council adopted the South Centre City Specific Plan (“SCCSP”) (PHG15-0003). The SCCSP area is a pedestrian oriented environment meant to attract local and non-local visitors; provide integrated residential development in mixed use zones; and encourage additional residential opportunities throughout the area. Since its adoption, the SCCSP has been amended several times to reflect changes in land use patterns; address economic shifts; and to facilitate orderly development of the SCCSP area.
The project site is located within the 13th Avenue Corners District of the SCCSP, as shown in Figure 1. The project site sits adjacent to the SCCSP area boundary, and is surrounded by commercial development to the north and east, a religious facility to the west, and residential to the south (the residential uses are outside of the specific plan area). Surrounding zoning designations to the project site include Specific Plan (S-P) to the north, west, and east, and Mobile home Residential (R-T) to the south (refer to Attachment 1). The 13th Avenue Corners District vision entails enhancing these corners as a focal point in an effort to make it a destination for pedestrians and bicyclists.
Within the 13th Avenue Corners District there currently is only one existing drive-through business: a Carl’s Jr. located at the southeastern corner of W. 13th Avenue and Centre City Parkway. This business is addressed as 435 W. 13th Avenue and is an existing nonconforming drive-through business that was established prior to the adoption of the SCCSP and its current restriction on drive-through uses for this district. At this time, the SCCSP does not permit drivethrough uses within the 13th Avenue Corners District, and any application for a new drive-through use would require an amendment to the SCCSP to authorize this type of land use.
The Planning Division received a request from 4G Development & Consulting representing Chick-Fil-A to process a Specific Plan Amendment and Conditional Use Permit for a drive-through restaurant business at 515 W. 13th Avenue. This proposed project site is located at the southwestern corner of W. 13th Avenue and S. Pine Street/Center City Parkway (as depicted in Figure 1) and would replace the current vacant restaurant use and associated parking/landscaping improvements.
In consideration of potential concerns about the concentration, location, and certain characteristics associated with new drive-through establishments, the proposed Specific Plan Amendment includes language to help control the intensity of this land use category type. These site-specific restrictions are to ensure its compatibility with surrounding uses, maintain it pedestrian connectivity, and limit this type of use.
SUMMARY OF REQUEST
An application for a Specific Plan Amendment, Conditional Use Permit, and Design Review Permit was submitted by 4G Development & Consulting, on behalf of Chick-Fil-A (“Applicant”) for redevelopment of the site (“Project”). 176
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Additionally, the Project includes an Initial Study/Mitigated Negative Declaration for the proposed project located on a 1.4-acre site within the 13th Avenue Corners District of the South Centre City Specific Plan. Table 1 – Requested Entitlement and Typical Decision Makers outlines the requested entitlements and identifies their purpose.
Table 1: Requested Entitlements and Typical Decision Makers Permit Name Purpose Typical Ultimate Decision
Maker
Municipal Code
Section
Specific Plan
Amendment
Amend an adopted Specific
Plan
City Council with
recommendation by Planning
Commission
Ch. 33 Article 61,
Section 33-1265
Conditional Use
Permit
Allow for land uses under
specific conditions which assure
that the use will not be
detrimental to the public
health, safety and welfare and
will not impair the integrity and
character of the surrounding
areas
Planning Commission Ch. 33, Article 61,
Section 33-1201(a)
Design Review
Permit
Regulate exterior appearance
of buildings and site
development
City Staff or Planning
Commission*
Ch. 33 Article 64, Sec.
33-1354 and 33-
1355(b)
*Planning Commission decision is required for design review proposals that are a part of an entitlement package requiring Commission review and entail new construction
The proposed Project consists of four components which are further detailed below. The first component is a Specific Plan Amendment modifying the South Centre City Specific Plan to allow eating establishments with a drivethrough via the Conditional Use Permit process within the 13th Avenue Corners District which currently prohibits this type of use. The second component is a Conditional Use Permit (“CUP”) to permit the proposed drivethrough use. The third component is a Design Review Permit to allow the construction of the 3, 124 square foot Chick-Fil-A restaurant, 1,026 square foot open-air outdoor dining area and associated site improvements with drive through operations. The fourth component is an Initial Study/Mitigated Negative Declaration (“IS/MND”) checklist to review and analyze Project characteristics with the intent of identifying any potential impacts to the environment.
1. Specific Plan Amendment (PL23-0296)
The Specific Plan Amendment (“SPA”) includes text changes to add a new land use category of “eating establishments with a drive-through” within the 13th Avenue Corners District subject to a Conditional Use Permit.
Specifically, the SPA would modify Table 4.2 of the SCCSP to include the drive-through use via a CUP process and include the addition of Footnote #4 which would restrict the drive-through use-type on a site-specific basis for only the southwestern corner (i.e., the Project Site). The Specific Plan Amendment enables the review and consideration of the proposed CUP application.
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The SPA would also revise language within Chapter 3 of the Specific Plan document for consistency purposes which pertains to district specific development standards. The changes would amend Sections 3.7.1 (Setting) to update and clarify the existing conditions; 3.7.4.1 (Design Guidelines) to clarify the pedestrian orientation; 5.3.3.1 (Development Standards) to clarify the new construction’s visual presence and activities; and Appendix A - Definitions to specify that the limitations of a drive-through operation to only the southwest corner of the 13th Avenue Corners District (see Exhibit C of Resolution No. 2024-19 for proposed changes). As described above, the SPA would also modify the Table 4-2 matrix by incorporating Footnote #4 qualifying that drive-through operations would be permitted only at the southwest corner. A draft of the proposed text changes is included in strikethrough and underline under Attachment 2.
2. Conditional Use Permit (PL23-0297)
A Conditional Use Permit (“CUP”) is required subsequent to the Specific Plan Amendment in order to establish a drive-through restaurant (i.e., Chick-Fil-A) at 515 W. 13th Avenue. The proposed drive-through restaurant consists of a 3,124 square foot building, site amenities, and parking and landscape improvements on a 1.4-acre site. The Project site is currently developed with a sit-down restaurant building that is currently vacant, as well as associated parking and landscaping. Since the proposed restaurant use would replace an existing restaurant, it is not anticipated to generate significant noise, traffic, lighting, or other impacts that would result in detrimental impacts to adjacent properties or uses than what was previously experienced.
3. Design Review Permit (PL24-0217)
As part of the Design Review Permit, decision makers would consider the overall visual neighborhood presence of the proposed development through review of the site elevations, building design, materials and accent colors, landscaping, and lighting scheme.
Planning staff conducted initial design review for the Project and reviewed the proposed design plans, schemes, plant materials and lighting on October 11, 2023, as well as the building and site redesign on April 30, 2024, for general consistency and compatibility with the design intent and standards of the 13th Avenue Corners District. The revised design altered the restaurant operation to an outdoor-only dining model, with both drive-through and walkup ordering. The redesign resulted in a smaller building and increased outdoor dining area. The smaller building’s mass, architectural style, blend of colors and materials, along with native plantings, are designed to be complimentary with the surrounding area. The completion of the Project would result in a redeveloped site consisting of a new building, redesigned pedestrian circulation, enhanced landscaping, redesigned parking areas, and a new restaurant use. The proposed plans for the Project are protected by copyright and are not available for public review digitally. However, the applicant has supplied the Project site plan for context, which can be found under Attachment 3.
4. Initial Study/Mitigated Negative Declaration
An Initial Study Checklist was prepared for the Project and proposed improvements. A Draft Initial Study and Mitigated Negative Declaration (“IS/MND”) identified any potentially significant areas of impact, such as Cultural Resources and Tribal Cultural Resources. The Draft IS/MND was circulated for public review for 30 days (August 13, 2024 – September 16, 2024). No comments were received during the public review period. Mitigation measures 178
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have been identified that would reduce all potential impacts to a less-than-significant level. Therefore, preparation of an Environmental Impact Report is not required.
SUPPLEMENTAL DETAILS OF REQUEST
1. Property Size: 1.40 gross acres
Minimum Required Provided
2. Building Height 45’-0” 22’-0” (one-story)
3. Building Coverage None .05
4. Motor Vehicle Parking: 20 off-street spaces 56 off-street spaces
5. Setbacks:
a. Front Yard: 10’-0” min. – 20’-0” max. 10’-0” (W. 13th Ave.) b. Street Side: 10’-0” min. – 20’-0” max. 20’-0” (S. Pine Street) c. Side Yard: 0’-0” 64’-0” (Church)
d. Rear Yard: 5’-0” ~180’-0” (Residential
uses)
6. Trash: 1 covered enclosure 1 covered enclosure
PROJECT ANALYSIS
1. General Plan Conformance:
a. Land Use and Community Form:
The Project site is located within the South Centre City Specific Planning Area (“SPA 15”) as identified in the City’s 2012 General Plan. The SPA 15 area is governed by the adopted South Centre City Specific Plan, which encompasses approximately 420 gross acres. The proposed Project conforms to several policies outlined in the Guiding Principles for the SPA 15 area, which focus on incorporating smart growth developments and walkable connections; preservation of the area’s character; and developing an economically vital center to residents and non-residents. The Project would activate the Project site by removing an existing closed restaurant and replace it with a new restaurant designed to accommodate both vehicles and pedestrians. The proposed Project provides dining options to an area of the South Centre City Specific Plan with surrounding residential uses in the vicinity that would be accommodated by the pedestrian scale of the Project design. This pedestrian-oriented design seeks to provide an open-air dining experience with walkup service. Therefore, the proposed Project is consistent with the vision outlined in the City’s 2012 General Plan.
In accordance with CEQA Guidelines, an Initial Study/Mitigated Negative Declaration (“IS/MND”) was prepared for the project. The preparation of the environmental review in accordance with CEQA Guidelines and Article 47 of the Escondido Zoning Code ensures the Project’s consistency with the General Plan’s Environmental Review Goal 18.
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b. Economic Prosperity:
The Project is consistent with policies outlined in the Economic Prosperity chapter of the City’s 2012 General Plan:
Employment Acreage Policy 1.4 Promote quality economic development that fosters job availability, economic revitalization, and tax revenues.
The Project would allow for additional employment (short/long term) opportunities within the SCCSP area that are walkable and bikeable to many of the area residents. The proposed restaurant use is replacing an existing vacant restaurant and is not anticipated to generate noise, traffic, lighting, or other impacts that would be detrimental to adjacent properties or uses than what was previously experienced.
2. Zoning or Specific Plan Conformance:
The Project site is governed by the South Centre City Specific Plan (“SCCSP”). Specific Plans are documents designed and written to implement the goals and policies of a general plan. The vision for the SCCSP includes developing the specific plan area with attractive design and economically viable development. Goals of the SCCSP include developing neighborhood-serving specific commercial uses, as well as preserving and enhancing commercial development key nodes. The 13th Avenue Corners District is identified as a key commercial node that seeks to improve this specific intersection (Centre City Parkway and 13th Avenue) for the purposes of enhancing safety and increasing pedestrian and bicycling opportunities and amenities. While the Project would entail permitting of a drive-through use, the Project design integrates key pedestrian-oriented features intended to serve the surrounding neighborhoods and local uses. These include facets of the Project design not typically seen in intensive auto-oriented areas, such as a smaller building design with walk-up ordering only; an enlarged outdoor dining area; identified pedestrian access from both street frontages--including striped pedestrian crosswalks on-site; and enhanced landscaping and buffering of the outdoor dining area from the drive-aisles. Therefore, the proposed Project is consistent with the vision and goals of the SCCSP.
3. Climate Action Plan Consistency:
Projects that are consistent with the CAP, as determined through the use of the CAP Consistency Checklist, may rely on the CAP for the cumulative impact analysis of greenhouse gas (“GHG”) emissions. Projects that are not consistent with the CAP must prepare a comprehensive projectspecific analysis of GHG emissions, including quantification of existing and projected GHG emissions, incorporation of the measures in the Consistency Checklist to the extent applicable, and demonstration of consistency with the City’s VMT threshold. Cumulative GHG impacts could be significant for any project that is not consistent with the CAP.
The CAP Consistency Checklist identifies project types which are determined to emit fewer than 500 metric tons of Carbon Dioxide equivalent (“MTCO2e”), which is the typical CAP threshold used 180
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for determining whether a project must prepare a project-specific GHG analysis. While the proposed Project would construct a 3,124 square feet restaurant facility, during the course of the environmental review process, the Project was determined to be over the CAP screening threshold of 500 MTCO2e per year. As such, the Project is required to showcase and explain consistency to the applicable CAP measures, and the Project has demonstrated consistency with all applicable measures from the CAP as detailed in the Initial Study/Mitigated Negative Declaration.
4. Site Design:
a. Grading, topography, walls, and fencing
As proposed, the Project requires re-grading due to the previously disturbed nature of the site. The presence of the existing structure developed on a relatively flat site, with existing landscaping and parking areas, results in the proposed Project not requiring significant grading. The internal walls associated with the proposed Project are along the easterly edge of the outdoor dining area/trash area due to elevation change (this includes a pedestrian/safety fence) and drive-aisle lanes to address visual and lighting concerns. The drive-aisle wall encompasses the operational concern of the drive-through and car lights/glare extending beyond the Project site onto S. Pine Street/City Centre Parkway and W. 13th Avenue. The proposed design includes a three-foot visual wall with cap that extends along the drive-aisle lanes and ties back into the structure at the northern edge.
Landscaping enhancements are also incorporated along the proposed wall design and behind sidewalk edge to further block and/or filter car lights. The proposed Project is also constructing a six-foot masonry block wall along the westerly edge of the project site, that will address the visual, noise, and light/glare extending into the religious facility property. No other grading or fencing is proposed for the Project.
b. Project Access and Circulation
The Project site would continue to maintain access from two existing driveways, one on S. Pine Street, and the main entrance on W. 13th Avenue. These points of entry and exit would feed into the internal parking lots, which would then feed into the dual-lane drive-through. The site design provides sufficient stacking area to ensure the drive-through would function without impairing onsite or off-site circulation. Internal circulation is designed to prevent spillover from the drivethrough patrons onto the main ingress/egress from W. 13th Avenue. The pedestrian circulation design seeks to minimize conflicts with vehicles using the drive-through lanes, while providing two points of access to the proposed restaurant from the existing sidewalk within the public right-ofway. c. Building Orientation, Height, and Mass
The proposed Project would replace the existing large scale and bulky restaurant building (31-foot building height and 9,558 square feet) with a restaurant building of reduced profile, massing, and smaller in scale (22-foot building height and 3,124 square feet). The proposed architectural design includes complimentary color schemes with a satisfactory mixture of materials and visibility (into and from the site), and satisfies requirements for screening of rooftop HVAC units. The restaurant’s façades along W. 13th Avenue (i.e., the primary street) and S. Pine Street would include large 181
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windows which would allow clear views of the interior of the restaurant. The Project incorporates the use of lattice screening (low/high height) for the open-air dining area and ordering/pickup areas as a means to screen effectively without creating visual bulk and overt massing. This proposed lattice screening would facilitate visual transparency and interest into the site and the new development.
The Project includes an outdoor ordering system for the drive-through use component of the facility. Part of the building’s reorientation to the northeast corner of the site ensures adequate distance between the adjacent residential uses directly to the south and potential noise source. The proposed speaker box and ordering area is approximately 165-feet away from the rear property line. Additionally, an existing masonry block wall exists at the southern property line, further shielding the adjacent uses to the south from potential noise issues associated with the speaker box.
d. Open Space and Landscaping
The proposed landscape plan provides a variety of existing and/or proposed trees, native shrubs and groundcovers that seek to enhance the Project design and meet the City’s design applications, while providing adequate screening of the parking lot areas, the drive-through facility, and the new trash enclosure. The conceptual landscape design plans incorporate community design concepts and implement appropriate landscape palettes, color schemes, and consistent public right of way enhancements. The proposed landscape design proposes screening where appropriate, and encourages the use of drought tolerant or native plant materials. The landscape designs include complimentary use of plants, colors, shade trees, and buffer plantings. The proposed Project entails planting 35 shade trees as part of the internal site design, and five additional street trees along S.
Pine Street. The irrigation system incorporates water conservative measures and devices, and would install flow and rain sensors to reduce water usage consistent with Article 62 of the Zoning Code.
e. Parking and Bicycle Spaces
The proposed Project would replace the existing 88 parking spaces with 56 parking spaces that consists of 40 standard spaces, three designated EV spaces (including one van space), 10 EV ready spaces and three handicap spaces (including one van space). In addition, the site plan includes eight short-term bicycle spaces and two long-term bicycle storage spaces located within a structure near the outdoor dining area. While the proposed Project would reduce existing parking on-site, the proposed 56 parking spaces exceeds the required parking for the proposed use by 36 spaces.
5. Building Design:
a. Building Design and Materials
In an effort to create a more pedestrian-oriented and engaging site design, the Applicant sited the proposed restaurant closer to the corner of W. 13th Avenue and S. Pine Street. The restaurant design includes various architectural building elements and articulation, including wood siding, dark 182
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bronze aluminum canopy/awning, varying colors of painted stucco, and illuminated restaurant identification signage (under a separate sign permit) on the building. A covered canopy would be provided over the drive-through ordering area and meal delivery area. A walk-up canopy would be located on the west side of the restaurant which would handle both phone-in, pick-up, and on-site orders. Additionally, lattice screening would be located to the north, south, and southeast of the restaurant to enhance the design while simultaneously providing adequate screening. Specifically, the design includes low lattice screening along the eastern portion of the outdoor dining area, and full height lattice screening along the western portion of the outdoor dining area, meal pick up window, and the drive-through speaker box location. Attachment 4 of this staff report provides colored elevations depicting the proposed design along with day and night renderings for reference.
FISCAL ANALYSIS
The Applicant will be responsible for payment of all applicable development impact fees.
ENVIRONMENTIAL ANALYSIS
The California Environmental Quality Act (“CEQA”) applies to proposed projects initiated by, funded by, or requiring discretionary approvals from state or local government agencies. CEQA Guidelines Section 15367 states that a lead agency, in this case the City of Escondido, is the agency that has the principal responsibility for carrying out or approving a project and is responsible for compliance with CEQA. As lead agency, the City must complete an environmental review to determine if implementation of the Project would result in significant adverse environmental impacts. In compliance with CEQA, an Initial Study (“IS”) has been prepared to assist in making that determination. Based on the nature and scope of the Project and the evaluation contained in the IS environmental checklist, the City has concluded that a Mitigated Negative Declaration (“MND”) is the appropriate level of analysis for the Project.
As provided in CEQA Statute Section 21064.5, and stated in CEQA Guidelines section 15070, an MND can be prepared when “(a) the initial study shows that there is not substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or (b) the initial study identifies potentially significant effects, but (1) revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and (2) there is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.” The MND prepared for the Project identified potentially significant impacts in the areas of Cultural Resources, and Tribal Cultural Resources. However, through incorporation of mitigation measures, the impacts can be reduced to a less-than-significant level.
A Draft Initial Study/Mitigated Negative Declaration (“IS/MND”) was prepared for the proposed Project and identified any potentially significant impacts associated with the Project, such as impacts to Cultural Resources and Tribal Cultural Resources. The Draft IS/MND was circulated for public review for 30 days (August 16, 2024 – September 16, 2024), and the City received no comments during the public review period. Mitigation measures have been identified that would reduce all potential impacts to a less-than-significant level. Therefore, preparation of an Environmental Impact Report is not required and an IS/MND is the appropriate level of environmental review. 183
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PUBLIC INPUT
The Project was noticed consistent with the requirements of both the Escondido Zoning Code (Article 61, Division 6) and the State Law. At the time of writing this staff report, City staff have not received any correspondence from the public regarding the proposed Project.
CONCLUSION AND RECOMMENDATION
The Project includes the redevelopment of a vacant building, and would permit a new land use that is consistent with the goals and policies of the South Centre City Specific Plan, and the City’s 2012 General Plan. The Specific Plan Amendment would permit eating establishments with a drive-through via a Conditional Use Permit, allowing for the City to exercise discretionary review of applications for any future proposed uses. Furthermore, the subject site is appropriate for a drive-through use as the site is an existing closed restaurant with existing adequate access, and utility services on-site. The Project complies with the standards as required by the Specific Plan. An environmental review analyzed any potential impacts under the California Environmental Quality Act (“CEQA”) guidelines, and any identified impacts may be considered less than significant with mitigation incorporated. The proposed building meets all of the development standards for the subject zone as required by the SCCSP. Based on the Project as proposed, the proposed drive-through use is compatible with the surrounding 13th Avenue Corners District uses and appropriate for the site, and therefore City staff recommend approval of the proposed Project.
Based on the analysis contained in this staff report, Planning staff recommend the Planning Commission adopt Resolution No. 2024-19, recommending the City Council approve the Project as proposed.
ATTACHMENTS
1. Location, General Plan Land Use Designation, and Zoning District Maps
2. Draft Specific Plan Amendment text in strikethrough and underline (excerpted pages only)
3. Site Plan
4. Colored Renderings
5. Draft Planning Commission Resolution No. 2024-19 including Exhibits “A” – “G”
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Attachment 1
PLANNING CASE NOS. PL23-0296/PL23-0297/PL24-0217
Location, General Plan Land Use Designation, and Zoning District Maps 185
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General Plan Land Use Designation
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Zoning Districts
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3.7 13TH AVENUE CORNERS DISTRICT
3.7.1 Setting.
Located at the intersection of Centre City Parkway and 13th Avenue, this 9-acre District consists of the parcels that create four commercially designated “corners” of the intersection. Current uses Existing uses at the time of this plan’s adoption on the west side of the intersection include are a Sprouts grocery store and a sit-down casual restaurant. On the east side of Centre City Parkway is a strip-commercial center and fast-food outlet on one corner, and on the remaining corner is a building that was previously a single-story motel, now occupied by a camper sales business.
3.7.2 13th Avenue Corners District Vision.
As one of the signalized intersections along South Centre City Parkway, the 13th Avenue Corners District is a focal point along the corridor. The Pine Street Pathway is an important component of the identity of this District, making it a destination for pedestrians and bicyclists. Both public and private right-of-way will be activated along the western side of Centre City Parkway by providing amenities desirable to users of the recreational trail and commercial businesses, such as parcourse exercise equipment, play structures, and benches for enjoying the nearby food offerings, and for social interaction.
Enhanced pedestrian crosswalks are attractive, improve safety, and encourage walking in the area. Bicycle crossings are separated from the pedestrian crossings forsafety of both groups of users. A unique landscape theme unifies the four corners of the district, adding to the ambiance and appearance. A public art program at this intersection further enhances the appearance of the 13th Avenue Corners and defines the district as distinct and unique. A robust wayfinding program that incorporates elements of public art further encourages walking, bicycling, and use of the nearby transit stop at the intersection of 13th Avenue and Escondido Boulevard.
3.7.3 13th Avenue Corners District Concepts.
3.7.3.1 Land Use Concepts.
The following land use concepts highlight some of the key ways land use will help achieve the vision for this district. See the Land Use Table in Chapter 4 for permitted uses in the 13th Avenue Corners District.
Encourage underutilized property to redevelop.
The property at the northeast corner of Centre City
Parkway and 13th Avenue is likely to redevelop
over the life of the Specific Plan. Commercial
development at this location is envisioned to be
consistent with the other three corners of this
intersection. The attractive design, character and
setbacks of the existing southwest commercial
building will be replicated on this parcel.
Redeveloping this property is an ideal opportunity
to tie the four corners together with a combination
of public and private improvements
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3.7.3.4 Parks, Recreation, and Open Space Concepts.
Strategically link the Pine Street Pathway to commercial uses. Integrating picnic tables or benches for resting in the lesser-used eastern part of the grocery store parking lot with the Pine Street Pathway would promote greater use of the nearby recreational amenities.
3.7.4 District Specific Development Standards and Design Guidelines.
3.7.4.1 Development Standards.
1. Landscaping along Centre City Parkway shall be “canopy” restorative to the extent practicable, to the satisfaction of the Director of Community Development. For meeting the intent of the section, a buffer yard shall be provided along the entire frontage and feature a strong collection of industry and canopy trees.
2. Refer to Chapter 5 for Development Standards.
3.7.4.1 Design Guidelines.
1. Infill development at the northeast corner of
Centre City Parkway and 13th Avenue is anticipated
during the life of the plan. Redevelopment of this
corner should be consistent with the setbacks
and design character of (existing objective
pedestrian-oriented development) southwest
corner commercial building.
2. All corners of the intersection of 13th Avenue
and Centre City Parkway should have consistent
and compatible landscaping to emphasize the
intersection as a key commercial destination along
13th Avenue and Centre City Parkway.
3. Provide pedestrian amenities at landscape
corners and along the Pine Street Pathway, such
as wayfinding signs or information kiosks.
4. Provide interesting outdoor pedestrian
destinations such as public art, plazas, food courts,
tables, benches, and/or other site amenities.
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2. Rooftop deck, patio, or shade structure
3. Vegetation associated with rooftop deck or garden
4. Skylights
5. Solar panel, wind turbine, rainwater collectors
6. Rooftop screening equipment
5. An attic does not count as a story where 50% or more of the attic floor area has a clear height of less than 7.5 feet, measured from the finished floor to the finished ceiling.
6. A basement with 50% or more of its perimeter wall area (measured from finished floor elevation) surrounded by finished grade is not considered a story.
5.3.2.2 Design Guidelines.
1. Provide massing breaks along wall expanses. Avoid box-like building mass and form with large expanse of solid unbroken surfaces.
2. “Franchise architecture” isstrongly discouraged.
3. Architectural gimmicks, such as distinctive roof shapes, that sacrifice the integrity of a streetscape to promote a single structure or development should be avoided.
4. Larger projects should be designed to emulate the existing rhythm and scale of the South Escondido and 9th Avenue Overlay Districts.
5.3.3 Architecture.
5.3.3.1 Development Standards.
1. For commercial facades, at least 60% of the total area of the first-floor facade facing the primary street shall be window display or otherwise provide for visual transparency into the publicly accessible activities of the building. Projects proposing less than this amount may seek alternative compliance through an Administrative Adjustment provided that the intent of the Specific Plan is met or exceeded in some way, to the satisfaction of the Director of Community Development.
2. Walls exposed to side streets or pedestrian passageways between buildings shall have doors and/or windows, orfixed glazing areas of at least 30% of the totalsurface area of the wall facing these open spaces.
3. Storefronts shall accentuate the structural bays of the building and allow for clear views of the interior of the commercial business at the ground level. 190
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Building materials, supplies, and hardware.
The retail sales of lumber, heating/air conditioning, plumbing, electrical, floor covering and installations, paint, glass, wallpaper, home improvement items, and other similar merchandise. Does not include outdoor storage.
Build-to-Line (BTL).
A line parallel to the property line where the façade of the building is required to be located. The BTL is measured from the property line unless otherwise specified. Building articulation that does not exceed 12” in depth meets the definition of the BTL.
Build-to-Line Range (BTLR).
A pair of lines parallel to the property line that establishes the range within which a percentage of the façade of the building is required to be located. A Build-to-Line Range (BTLR) may have a minimum BTL (BTL-MIN), which is the line that is closest to the specified property line, and a maximum BTL (BTL-MAX), which is the line that is farthest from the specified property line.
Car wash.
Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May be stand-alone or accessory to another auto-related use, such as a gasoline station. May include detailing services. Does not include temporary car washes for fund-raising activities.
Community Garden.
A single piece of land or open space where participants share in the maintenance and products of the garden, utilizing either individual or shared plots on private or public land, while producing fruit, vegetables, and/or plants that are grown for attractive appearances.
Craft brewery, winery, or distillery.
A small-scale facility where beer, malt beverages, wine, orspirits are made on-premises and then sold or distributed, and which produces 15,000 barrels (or equivalent gallons) per year or less. Its products are primarily intended for local and/or regional consumption. The brewer may sell to a retailer or directly to a customer. Retailsales to the public is limited to incidental use as provided for in Sec. 33-567. (Incidental uses) of the Escondido Zoning Code.
Eating establishments, all types.
An establishment providing food service from an on-site operating commercial-grade kitchen, and/or dessert service from an on-site operating commercial-grade freezer/refrigerator with or without incidental sales of alcoholic beverages, including full-service, limited service, take-out, etc., and outdoor dining. Does not include drive-through service (except as allowed on southwest corner within the W. 13th Avenue Corners District, where drive-through service is permitted) and amplified entertainment or dancing.
General retailsales.
Includes new goods and merchandise sold in department stores, drugstores/pharmacies, and retail establishments selling items such as apparel/accessories/shoes (including incidental shoe repair), toys, flowers, gifts, stationery, jewelry, leather, dishware/glassware/ kitchenware, handcrafts/arts and crafts, yardage goods, pets/pet supplies, art/hobby supplies, automobile supply (without installation), music (including incidental recording, instruction, and instrument repair), books/magazines/newspapers, video sales/ rental, sporting goods (includes bicycles, golf, camping, hunting/ammunition/firearms, fishing, surfing, etc.), small household appliance sales and incidental service, cameras/photographic supplies, electronics/office business, and other similar retail goods and incidental services NEC.
Prohibited uses include uses classified more specifically in this section, retail uses with across-the-board maximum pricing/“everything 191 Item 3.
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LAND USES WEST MERCADO
DISTRICT 9TH AVE
OVERLAY
13TH AVE.
CORNERS
DISTRICT
FELICITA
DISTRICT
ESCONDIDO
BOULEVARD DISTRICT
SOUTHERN ENTRY
DISTRICT
WM General WM
Commercial
EB Mixed-Use
Overlay
EB
Commercial
SE
Commercial
SE MixedUse
Overlay
• Tractor or heavy truck sales,storage,
rental (Subject to Article 57 of the EZC) CUP --- --- --- --- --- --- --- --- Food and liquor:
• Food stores (grocery, produce, candy,
baked goods, meat, delicatessen, etc.),
with general license for offsale of beer
and wine
--- P P P P P P P P
• Liquorstore, packaged (off-sale alcoholic
beverages) --- --- --- CUP CUP CUP CUP CUP CUP
EATING AND DRINKING
ESTABLISHMENTS
Eating establishments (Includes outdoor dining
in conjunction with an approved eating
establishment, Subject to Article 57):
• Without incidental on-sale beer and
wine and/or on-sale general licenses. --- P P P P P P P P • With incidental on-sale beer and
wine and/or on-sale general licenses,
including microbreweries.
--- P P P P P P P P
• With indoor amplified entertainment
or dancing. --- CUP CUP CUP CUP CUP CUP CUP CUP
• Auto-oriented (drive-in, drivethrough) (Subjectto Section 33-341 of the EZC)
--- CUP ---- ---
-4
CUP --- --- --- ---
Drinking establishments, wine and beer tasting
establishments, bars, taverns, and nightclubs, with
or without live entertainment and/or dancing.
Includes comedy clubs, magic clubs, etc., with or
without alcoholic beverages.
--- CUP --- CUP CUP CUP CUP CUP CUP
Specialized food from pushcarts (Subject Section
33-342 of the EZC) --- P P P P P P P P
Specialized open-air food service court or
concession food gallery --- --- CUP# --- CUP# --- --- --- --- Notes
P = Permitted
CUP = ConditionalUse PermitRequired
CUP# = (Minor)
PD = Planned Development Permit Required
--- = Not Permitted
CH 4 | 9
192
Item 3.
Attachment "2"
401
Item16.
LAND USES WEST MERCADO
DISTRICT 9TH AVE
OVERLAY
13TH AVE.
CORNERS
DISTRICT
FELICITA
DISTRICT
ESCONDIDO
BOULEVARD DISTRICT
SOUTHERN ENTRY
DISTRICT
WM General WM
Commercial
EB Mixed-Use
Overlay
EB
Commercial
SE
Commercial
SE MixedUse
Overlay
• Major --- --- --- --- --- --- --- --- ---
Live entertainment --- CUP# CUP# CUP# CUP# CUP# CUP# CUP# --- Public art displays, murals,sculptures, and
other visual art P P P P P P P P P
Outdoor display (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the EZC) (Subject to the
EZC)
Outdoorstorage:
• Miscellaneousstorage fully screened
(NOCARS) P P P P P P P P P
• Vehicles and fleet vehicle storage
(overnight or after normal business
hours, or for rent) less than or equal to
10% of all parking provided for that use
P P P P P P P P P
• Vehicles and fleet vehicle storage (after
normal business hours) more than 10%
of all parking provided for that use
CUP# CUP# CUP# CUP# CUP# CUP# CUP# CUP# CUP#
• Vehicles used for business operations
and deliveries during normal business
hours
P P P P P P P P P
Sustainable accessory uses as described in
Chapter 8 P P P P P P P P P
Urban agriculture CUP# CUP# CUP# CUP# CUP# CUP# CUP# CUP# CUP# Notes
P = Permitted
CUP = ConditionalUse PermitRequired
CUP# = (Minor)
PD = Planned Development Permit Required
--- = Not Permitted
Notes:
Refer to the base zone for primary, accessory, and temporary uses not otherwise specified, unless specifically prohibited.
With the adoption of this Specific Plan, nonconforming uses and structures shall be subject to the provisions of the EZC.
1. Within the Mixed-Use Overlay in the 9th Avenue Overlay District, the South Escondido Boulevard District, and the Southern Entry District, standalone, multi-family residential, and mixed-use (commercial with residential) is permitted by approval of a Plot Plan.
2. Mixed-Use development requires a Plot Plan as provided for in (Article 61) of the Zoning Code.
3. Refer to Chapter 4.2 for a discussion on the land use table and methodologies in determining permitted land uses for each district and subarea.
4. Except on the southwest corner (W. 13th Avenue and S. Pine Street) where drive-through service is permitted. CH 4 | 17 193
Item 3.
Attachment "2"
402
Item16.
Attachment 3
PLANNING CASE NOS. PL23-0296/PL23-0297/PL24-0217
Site Plan
194
Item 3.
Attachment "2" 403
Item16.
Attachment 4
PLANNING CASE NOS. PL23-0296/PL23-0297/PL24-0217
Colored Renderings
195
Item 3.
Attachment "2"
404
Item16.
196
Item 3.
Attachment "2"
405
Item16.
OUTDOOR DINING – DAY VIEW
197
Item 3.
Attachment "2"
406
Item16.
OUTDOOR DINING – NIGHT VIEW
198
Item 3.
Attachment "2"
407
Item16.
ATTACHMENT 3
PLANNING CASE NOS. PL23-0296/PL23-0297/PL24-0217
Final Initial Study/Mitigated Negative Declaration
Due to the number of pages of Attachment 3 links have been provided for review of the following items:
The Final Initial Study/Mitigated Negative Declaration may be found at the links below:
https://www.escondido.gov/DocumentCenter/View/6785/Final-ISMND-West-13th-Centre-City-Pkwy-PDF https://www.escondido.gov/DocumentCenter/View/6528/Public-Review-Draft-ISMND---West-13thCentre-City-PDF The Technical Appendices may be reviewed at the following links:
Appendix A – Air Quality/Greenhouse Gas/Energy Data (https://www.escondido.gov/DocumentCenter/ View/6529/Appendix-A---AQGHGEnergy-Data-PDF)
Appendix B – Cultural Resources Assessment (https://www.escondido.gov/DocumentCenter/ View/6521/Appendix-B---Cultural-Resources-Assessment-PDF) Appendix C – Geotechnical Analysis (https://www.escondido.gov/DocumentCenter/View/6522/AppendixC---Geotechnical-Analysis-PDF) Appendix D – Phase 1 Environmental Site Assessment/Asbestos Survey (https://www.escondido.gov/ DocumentCenter/View/6523/Appendix-D---Phase-1-Environmental-Site-AssessmentAsbestos-Survey-PDF) Appendix E – Hydrology/Water Quality Documentation (https://www.escondido.gov/DocumentCenter/ View/6524/Appendix-E---HydrologyWater-Quality-Documentation-PDF) Appendix F – Acoustical Analysis Report (https://www.escondido.gov/DocumentCenter/View/6525/ Appendix-F---Acoustical-Analysis-Report-PDF)
Appendix G – Vehicle Miles Traveled Analysis (https://www.escondido.gov/DocumentCenter/View/6526/ Appendix-G---Vehicle-Miles-Traveled-Analysis-PDF)
Attachment "3"
408
Item16.
Attachment “4”
CITY OF ESCONDIDO
PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
(760) 839-4671
NOTICE OF DETERMINATION
DATE: November 21, 2024
TO: Office of Planning Research FROM: City of Escondido State Clearinghouse Street Address: 201 North Broadway
P.O. Box 3044 1400 Tenth St. Rm 113 Escondido, CA 92025 Sacramento, CA 95812-3044 Sacramento, CA 95814 (Lead Agency) X San Diego County Recorder’s Office
Attn: Fish and Wildlife Notices
1600 Pacific Highway, Room 260
San Diego, CA 92101 MS: A-33
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
Chick-Fil-A Restaurant West 13th & Centre City / PL23- 0296, PL23-0297 & PL24-0217 Project Title/Case Nos.
SCH # 2024080684 City of Escondido
State Clearinghouse Number (if submitted to State Clearinghouse) Lead Agency 4G Development Company & Consulting, 2153 Oak Hill Drive, Escondido, CA 92027 (760) 884-7011 Project Applicant, Address and Phone Number:
Greg Mattson, Contract Planner, City of Escondido (760)839-4544 [email protected] Contact Person Telephone Number Email
Project Location: The property is located at the southwest corner of the West 13th Avenue and South Pine Street/Centre City Pkwy. within the City of Escondido, San Diego County, addressed as 515 W. 13th Avenue. (Assessor’s Parcel Nos.: 236-161-07 & 236-161-06).
PROEJCT DESCRIPTION: The project proposes to demolish an existing restaurant building and construct a new Chick-fil-A restaurant with a dual drive-through, associated surface parking improvements, and landscaping improvements. The new Chick-fil-A restaurant would be a 3,124 square-foot (gross area), one-story building. The new restaurant would have an outdoor dining area (48 outdoor seats [including three Americans with Disabilities Act-compliant seats]), kitchen area, and service area. The project approvals include approvals of an IS/MND, a Specific Plan Amendment, Conditional Use Permit, and Design Review Permit.
This is to advise that on November 20, 2024, the Escondido City Council (Lead Agency) has approved the abovedescribed project and adopted a Final Initial Study/Mitigated Negative Declaration (City Case Nos. PL23-0296, PL23-0297, and PL24-0217), along with Resolution No. 2024-160, and has made the following determinations regarding the proposed project:
1. The project X will not have a significant effect on the environment.
2. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures _X_were adopted for this project.
4. A mitigation reporting or monitoring plan _X_ was adopted for this project 409
Item16.
Attachment “4”
5. A Statement of Overriding Considerations _X_ was not adopted for this project.
6. Findings _X_were, made pursuant to the provisions of CEQA.
This is to certify that a copy of the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (City File No. PL23-0296, PL23-0297 and PL24-0217) and Resolution No. 2024-160, and record of project approval(s) with any comments and responses are available for review by the general public at the City of Escondido Planning Division, 201 N. Broadway, Escondido, California 92025. Telephone number (760) 839-4671. The City of Escondido has complied with CEQA in preparation of the final adopted Initial Study/Mitigated Negative Declaration.
Name of Official Filing Notice: Greg Mattson, Contract Planner City of Escondido
Lead Agency
Signature:
Date: November 21, 2024
Date Received for Filing
Filing Fee Transmitted to County Clerk $2,966.75
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Item16.
STAFF REPORT
November 20, 2024
File Number 0830-20
SUBJECT
TENTATIVE PARCEL MAP, NON-EMERGENCY DEMOLITION PERMIT, CONDITIONAL USE PERMITS, AND A DESIGN REVIEW PERMIT – MISSION/CCP TPM & DRIVE THROUGH FACILITIES – PL24-0057/PL22- 0396/PL22-0397/PL22-0398/PL24-0198
DEPARTMENT
Development Services Department, Planning Division
RECOMMENDATION
Request the City Council adopt the following Resolutions approving the Project:
1) Adopt Resolution No. 2024-163, approving a Grant of Access on Centre City Parkway for the Project Site.
2) Adopt Resolution No. 2024-164, approving a Tentative Parcel Map, Design Review Permit, a Non-Emergency Demolition Permit, three Conditional Use Permits for operation of three distinct drive-through uses and to reduce the amount of required off-street parking spaces (for Parcel 4), and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Project.
Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services)
Presenter: Ivan Flores, AICP, Senior Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido
FISCAL ANALYSIS
The applicant would be responsible for payment all applicable Development Impact Fees (“DIF”). The applicant will be credited DIF for removal of the existing pho restaurant. The credit would also apply to water and sewer connection fees based on the square-footage of the existing pho restaurant.
Furthermore, the applicant will be credited Traffic Impact Fee (“TIFS”) in an amount totaling approximately $115,653 for the removal of the pho restaurant. Additionally, the Drainage Impact Fee will not be collected due to improvements made by the Applicant to the City’s drainage system. The 411
Item17.
application of the credits is typical for removal of existing on-site improvements associated with redevelopment.
BACKGROUND
503 W Mission LLC (“Applicant”), represented by Sally Schifman, submitted a request for a Tentative Parcel Map to subdivide an existing 3.74-acre site comprised of two parcels into four parcels; three conditional use permits for three separate drive-through facilities on the newly created lots while maintaining the existing Quality Inn on its own parcel. The Conditional Use Permit for parcel four includes a request for a reduction in the required number of off-street parking spaces. The Applicant also requests a Non-Emergency Demolition Permit to demolish an existing structure over 50 years of age; and a Design Review Permit for the design of the site and proposed structures (“Project”).
The Project site is currently developed with a hotel and ancillary sites improvements such as pool and tennis courts, and is located at the southwest corner of Centre City Parkway and W Mission Avenue, and is addressed as 501 – 503 W Mission Avenue. The Project site is located within the General Commercial (“C-G”) zone and maintains a General Plan land use designation of General Commercial (“GC”). The Project site is surrounded by General Commercial zoning and land use designations on all sides, with residential uses directly to the south and southeast. The Project site sits directly west of a recently developed commercial site with two drive-through restaurant uses and one drive-through car wash use.
ANALYSIS
The Project includes a request for a Tentative Parcel Map, three distinct Conditional Use Permits, a NonEmergency Demolition Permit, and Design Review Permit to subdivide the existing site into four total lots and operate three drive-through facilities on the Project site, along with ancillary on- and off-site improvements. The Project site is located within the C-G zoning district which is intended to support a wide range of commercial uses, including drive-through facilities, subject to a Conditional Use Permit. The Project is consistent with several General Plan policies, and would revitalize an underutilized parcel that is currently occupied by a vacant building.
A complete analysis of the Project may be found within the attached Planning Commission staff report, dated October 08, 2024 (Attachment “1”).
PRIOR ACTION
On May 18, 2023, the Historic Preservation Commission voted 4-0 to approve a recommendation to City Council on the Non-Emergency Demolition Permit.
On October 08, 2024, the Planning Commission held a duly noticed public hearing for the Project. As discussed in Attachment “1,” the Project was continued from the September 24, 2024 meeting to address concerns from the Applicant regarding specific draft conditions of approval for the Project. The Applicant 412
Item17.
noted the timing of the issuance of specific permits as their primary concern for requesting continuation.
The draft conditions of approval included within Resolution No. 2024-164 reflect the conditions agreed upon by City staff and the Applicant.
During the October 08th meeting, the Planning Commission raised a number of concerns regarding the Project. In summary, the Commission expressed concerns regarding the location of the proposed traffic signal for the left-turn pocket on Centre City Parkway; the type of businesses intended to occupy the tenant spaces; and the use of compact parking spaces on Parcel 4.
Ultimately, the Planning Commission voted 5 – 0 to adopt Resolution No. 2024-17, recommending approval to the City Council of the Project, as conditioned.
ENVIRONMENTAL ANALYSIS
The California Environmental Quality Act (“CEQA”) applies to proposed projects initiated by, funded by, or requiring discretionary approvals from state or local government agencies. CEQA Guidelines Section 15367 states that a lead agency, in this case, the City of Escondido, is the agency that has the principal responsibility for carrying out or approving a project and is responsible for compliance with CEQA. As lead agency, the City must complete an environmental review to determine if implementation of the Project would result in significant adverse environmental impacts. In compliance with CEQA, an Initial Study (“IS”) has been prepared to assist in making that determination. Based on the nature and scope of the Project and the evaluation contained in the IS environmental checklist, the City has concluded that a Mitigated Negative Declaration (“MND”) is the appropriate level of analysis for the Project.
As provided in CEQA Statute Section 21064.5, and stated in CEQA Guidelines section 15070, an MND can be prepared when “(a) the initial study shows that there is not substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or (b) the initial study identifies potentially significant effects, but (1) revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and (2) there is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.” The MND prepared for the Project identified potentially significant impacts in the areas of Biological Resources, Cultural Resources, and Tribal Cultural Resources.
However, through incorporation of mitigation measures, the impacts can be reduced to a less-thansignificant level. A Draft IS/MND was released for a 30-day public review period from July 25, 2024 to August 26, 2024. One comment letter was received, and pertained to the Traffic Impact Analysis conducted for the Project. Responses to those comments were prepared and have been incorporated into a Final IS/MND. The Final IS/MND has identified no new environmental impacts which have not been addressed through the aforementioned mitigation measures. The Final IS/MND and Mitigation 413
Item17.
Monitoring and Reporting Program has been included as Exhibit “B” to Resolution No. 2024-164, and is Attachment “2” of the staff report.
Should the City Council approve the Project, City staff will file a Notice of Determination (see Attachment “3’) with the County Clerk within five days of the Council’s action.
CONCLUSION AND RECOMMENDATION
The Project includes the redevelopment of an underutilized parcel located in proximity of an area with new and similar commercial development. A portion of the parcel contains a vacant building, and ancillary unused outdoor facilities. The Project would redevelop the entirety of the site while retaining the existing hotel. The Project complies with all the standards as required by the underlying zoning district, and with the design standards for new development within the City. An environmental review analyzed any potential impacts under the California Environmental Quality Act (“CEQA”) guidelines, and any identified impacts may be considered less than significant with mitigation incorporated.
Based on the analysis contained in this staff report, and Planning Commission staff report, dated October 08, 2024, Planning staff recommends that the City Council adopt Resolution Nos. 2024-163 and 2024-164, approving the Project as conditioned.
RESOLUTIONS
a) Resolution No. 2024-163
b) Resolution No. 2024-163 – Exhibit “A”— Tentative Parcel Map c) Resolution No. 2024-164
d) Resolution No. 2024-164—Exhibit “A”— Legal Description e) Resolution No. 2024-164– Exhibit “B”– Final Initial Study/Mitigated Negative Declaration f) Resolution No. 2024-164– Exhibit “C”– Mitigation Monitoring and Reporting Program g) Resolution No. 2024-164– Exhibit “D”– Project Plans
h) Resolution No. 2024-164– Exhibit “E”– Finding of Fact i) Resolution No. 2024-164– Exhibit “F”– Conditions of Approval j) Resolution No. 2024-164– Exhibit “G”– Conditions of Approval k) Resolution No. 2024-164– Exhibit “I”– Conditions of Approval
ATTACHMENTS
a) Attachment “1” – Planning Commission staff report, dated October 08, 2024 b) Attachment “2” – Final Initial Study/Mitigated Negative Declaration c) Attachment “3”— Notice of Determination
414
Item17.
RESOLUTION NO. 2024-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE
DIRECTOR OF ECONOMIC DEVELOPMENT TO EXECUTE,
ON BEHALF OF THE CITY, A GRANT OF ACCESS FOR THE
MISSION AND CENTRE CITY PARKWAY DRIVE THROUGH
FACILITIES LOCATED AT 501 – 503 W MISSION AVENUE
IN THE CITY OF ESCONDIDO
WHEREAS, the State of California ("State") acquired the abutter's rights of ingress and egress to or from Highway 395 in the document recorded May 14, 1948, as BOOK 2797, PAGE 217 of Official Records; and
WHEREAS, the State relinquished Highway 395 to the City of Escondido and said highway was later renamed Centre City Parkway; and
WHEREAS, the owner of adjacent property located at 501 – 503 W. Mission Avenue, identified as Assessor’s Parcel Nos. 229-171-30-00 and 229-171-29-00, desires to acquire through purchase access rights to Centre City Parkway for an amount determined by the City of Escondido’s Development Services Department of $43,500; and
WHEREAS, the City Council desires and deems it to be in the best public interest to authorize a grant of access for the subject property; said approval would be subject to adoption and approval of the Mitigated Negative Declaration, and the Tentative Parcel Map, Non-Emergency Demolition Permit, Design Review Permits, and Conditional Use Permits for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
1. That the above recitations are true.
415
Item17.
2. That the Director of Economic Development is authorized to execute, on behalf of the City, a grant of access to Centre City Parkway, as identified on the Tentative Parcel Map provided as Exhibit “A”.
3. That the grant of access is contingent on the approval, and subject to the conditions, of the Tentative Parcel Map, Non-Emergency Demolition Permit, Design Review Permit, and Conditional Use Permits and adoption of a Mitigated Negative Declaration prepared for the Project: PL24-0057/PL22- 0396/PL22-0397/PL22-0398/PL24-0198. The Project includes a Tentative Parcel Map to subdivide an existing 3.74-acre site comprised of two parcels into four parcels; three conditional use permits for three drive-through facilities and reduction of off-street parking spaces; a non-emergency demolition permit to demolish an existing structure over 50 years of age; and a Design Review Permit for the design of the site and the proposed structures.
4. That the grant of access is also contingent on the construction of approved deceleration lanes. 416
Item17.
/
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NOT A PAAT
APN 228�171-28
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NOT A PART
APN 229-171-26
SCALE: 1" • 40'
"' 80 ,1
EXISTING EASEMENTS
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@ EASEMENT FOR PUBLIC UTILJ11£S, INGRESS & EGRESS, GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY. RECORDED F"EB. 2, 1968, AS DOC. NO. 19550 O.R. 0 EASEME:NT fOR INGRESS, £GRESS & \lfH/CULAR PARKING. GRANTfD TO JAY W.
SMAUEY AND BARl:11,RA J. SMAfl.EY, SOLOMON CORDON AND LOIS RUTH GORDON, CARL HODOUS AND ETHEL J. HODOUS, AND LESTER S. BLUMENTHAL AND MARION BLUMENTHAL. RECORDED DEC. 28, 197J, AS DOC. NO. 7J-J56460 D.R. (TO BE QUJTCU,IM£D)
@ EASEMENT F"OR \/EH/CLE INGRESS ,k £GRESS. GRANTED TO NORTH COUNTY BANK, RECORDED MARCH .JI, 1986, AS DOC. Na 86-97067 aR. (UNPLOTTBLE) ® EASEMENT FOR AUTOMOBILE PARKING SPACES. GRANTED TO NORTH COUNTY BANK.
RECORDED MARCH JI, 1986, AS DOC. NO. 86-97067 D.R. (UNPLOTTABLE) @) EASEMENT FOR TWELVE (12) PARKING SPACES, GRANTED TO NORTH COUNTY BANK, A CALJFORN/A BANKING CORPORATION, RECORDED SEPT. 4, 1990, AS DOC. NO. 90-482489 O.R. (UNPLOTTABLE)
@ EASEMENT FOR INGRESS, EGRESS & VEHICULAR PARK/NG, GRANTED TO AM/CORP. /NC. A CONNECTICUT CORPORATION, R£CORD£D .J.JN£ 18, 1991. AS DOC. NO. 1991-290651 D.R. (TO BE QUITCLAIMED)
@ A 6' IHDE EASEMENT AND RIGHt-OF-WAY FOR PUBLIC UTILJTIES, INGRESS AND
EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF THE SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED MAY 22, 1961 AS INSTRUMENT NO 87934 OF OFFICIAL RECORDS.
@ A 5' IHDE EASEMENT FOR PUBLIC UTIUTIES, INGRESS AND EGRESS AND /NC/DENTAL
PURPOSES IN FAKIR OF THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, RECORDED NO\/EMB£R 12, 1968 AS INSTRUMENT NO. 197832 OF DFFIC/AL RECORDS. @ A 19' MD£ NON-E:XCLUSIVE: EAS£M£NT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FA\.OR OF S TANDARD OIL COMPANY OF CALIFORNIA RECORDED APRIL
27. 1970AS /NSTRUM£NT NO. 71329 OF OFFICIAL R£CORD.
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PROPOSED EASEMENTS
Q) PROPOSED £AS£M£NT FOR EMCRGENCY ACCESS EASEMENT TO 8£ GRANTED TO THE CITY OF ESCONDIDO. (WIDTH VARIES 24' TO J6')
(f) PROPOSED PRIVATE EASEMENT FOR INGRESS & EGRESS TO 8£ GRANTED TO PARCELS 2, J & 4
@ PROPOSED EAS£M£NT FOR PUBLIC UTILITIES AND ACCESS TO BE GRANTED TO
THE CITY OF ESCONDIDO
ABBREVIATIONS
AC ASPHALT CONCRETE
ASPH ASPHALT
APN ASSESSOR'S PARCEL NUMBER
BFP BACK-FLOW PREVENTER
C CONCRETE
CB CATCH BASIN
it: CENTER LINE
CLF CHAIN-LINK FENCE
CONC CONCRETE
E ELECTRIC
EG EXISTING GRADE
EP EDGE OF PAVEMENT
£ FLOW UN£
FD FOUND
FDC FIRE DEPARTMENT CONN£CTION
FF FINISHED FLOOR
FS FINISHED SVRFACE
FG FINISHED GRADE
GFF GARAGE FINISHED FLOOR
GV GA1£ VAL\/E
HT HEIGHT
LD LEAD ,k DISK
L/S LANDSCAPED AREA
OH OVERHANG
OHU OVERHEAD UTIUTY
OBS OBSCURED AREA
if PROPERTY LINE
R/W RIGHT-OF" WAY
ROH ROOF OVERHANG
SDGE SAN DIEGO GAS & ELECTRIC
SD STORM DRAIN
SOFT SQUARf FEET
SL STRE£T LIGHT
stPB STREET LIGHT PULL BOX
SMH SEWfR MANHOLE:
S/W SJDEWALX
TC TOP OF CURB
T£ TRASH ENCLOSURE
T£L TELEPHONE
TSPB TRAFFIC SJGNAL PULL BOX
TG TOP OF GRAT£
TYP TYPICAL
U/C UNDER CONSTRUCTION
W/L WATER LEffi
IMJF m:>ODFENC£
�F WROUGHT IRON FENCE
IW.I WATER METER
RE',1SJON 5
REVISION 4
R£',1SJON J
REVISJON 2
R£VISJON 1
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ORIGINAL SUBMITTAL 1111111111
PREPARED BY: TENTATIVE PARCEL MAP
MISSION AVE.
HOWES IWEILERILANOY BOUNDARY & EASEMENTS
Pl.ANNING & EtfGINEERING
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EXHIBIT "A"
GRANT OF ACCESS
PLANNING CASE NOs.
PL24-0057/PL22-0396/PL22-0397/PL22-0398/PL24-0198
Resolution No. 2024-163
Exhibit "A"
417
Item17.
RESOLUTION NO. 2024-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING A TENATIVE
PARCEL MAP, CONDITIONAL USE PERMITS, NONEMERGENCY DEMOLITION PERMIT, AND DESIGN
PERMIT FOR THE MISSION/CCP DRIVE THROUGH
FACILITIES; AND ADOPTING A MITIGATED NEGATIVE
DECLARATION PREPARED FOR THE PROJECT
WHEREAS, 503 W Mission, LLC (“Applicant”) filed land use applications, Planning Case No. PL24- 0057/PL22-0396/PL22-0397/PL22-0398/PL24-0198 (“Application”), constituting a request for a Tentative Parcel Map to subdivide two existing parcels into four parcels; three Conditional Use Permits for drivethrough facilities and reduction of required off-street parking spaces; a Design Review Permit for construction of the facilities; and, a Non-Emergency Demolition permit for demolition of an existing building (Over 50 years old) (“Project”) on a 3.74 gross acre site located at 501 – 503 W Mission Avenue (Assessor’s Parcel Nos.: 229-171-30-00 and 229-171-29-00), in the General Commercial (“C-G”) zoning district, and the General Commercial (“GC”) land use designation of the General Plan; and WHEREAS, the subject property is all that real property described in the Legal Description Exhibit “A”, which is attached hereto and made a part hereof by this reference as though fully set forth herein (“Property”); and
WHEREAS, the Application was submitted to, and processed by the, Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code Section 65920 et. seq), and the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) “(CEQA”); and
418
Item17.
WHEREAS, the subdivision of real property is permitted by the State Subdivision Map Act, and Chapter 32 (Subdivisions) of the Escondido Municipal Code; and WHEREAS, the Project includes a request for a Tentative Parcel Map for the subdivision of two (2) parcels into four (4) parcels within the C-G zoning district; and, WHEREAS, the Tentative Parcel Map complies with all requirements for subdivision of properties within the C-G zoning district; and
WHEREAS, drive-through facilities are conditionally permitted uses within the C-G zoning district, subject to the approval of a Conditional Use Permit, in accordance with Article 16 (Commercial Zones) of the Escondido Zoning Code; and
WHEREAS, a reduction in off-street parking spaces for commercial zones may be considered through the Conditional Use Permit process as permitted by Article 39 (Off-street parking spaces) of the Escondido Zoning Code; and
WHEREAS, Parcel 4 seeks a forty-five percent (45%) reduction in the required off-street parking spaces to permit compact spaces as a design feature of the parcel due to size constraints; WHEREAS, a Design Review Permit is required for the Project as outlined in Article 64 (Design Review) of the Escondido Zoning Code; and
WHEREAS, the Project includes architecture and site design that meets or exceeds the standards for design of new construction within the City; and
WHEREAS, a Non-Emergency Demolition Permit is required for issuance of a non-emergency demolition of a structure over 50 years of age; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and
419
Item17.
WHEREAS, a Draft Initial Study and Mitigated Negative Declaration (“IS/MND”) was prepared, circulated, and notice made of its availability for public review and comment during the period from July 25, 2024 to August 26, 2024; and
WHEREAS, during the 30-day public comment period of the Draft IS/MND, the City consulted with and requested comments from responsible and trustee agencies, other regulatory agencies, and others.
The City subsequently analyzed and considered any and all comments received during this public review comment period. Responses to said comments have been provided, and no corrections/additions to the Draft IS/MND were necessary; and
WHEREAS, a Final IS/MND is attached as Exhibit “B” and incorporated herein by this reference, was subsequently prepared, which is comprised of any and all public comment letters received during the public review period, responses to comments, corrections/additions to the Draft IS/MND, and revisions and additions to the appendices or other referenced documents; and WHEREAS, in addition to the Final/ISMND, a Mitigation Monitoring and Reporting Program (“MMRP”) has been prepared for the Project, attached as Exhibit “C” and incorporated herein by this reference, to ensure compliance with the required mitigation measures or project revisions during Project implementation; and
WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and hereby recommends approval of the Project as depicted on the plan shown in Exhibit “D”, which is attached hereto and a made a part hereof by this reference as though fully set forth herein; and
WHEREAS, on May 18, 2023, the Historic Preservation Commission voted 4-0 to approve a recommendation to City Council on the Non-Emergency Demolition Permit; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 24, 2024 as prescribed by law, at which time the Applicant requested the Project be continued to a date certain of 420
Item17.
October 8, 2024 and which the Planning Commission continued the item to the October 8, 2024 regularly scheduled Planning Commission meeting; and
WHEREAS, the Planning Commission held a duly noticed Public Hearing on October 8, 2024 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 written and oral testimony from City staff, interested parties, and the public.
Following the Public Hearing, the Planning Commission adopted Planning Commission Resolution No. 2024-17, which recommended that the City Council approve the Project; and WHEREAS, the City Council of the City of Escondido held a duly noticed Public Hearing on November 20, 2024, as prescribed by law, at which time the City Council received and considered reports and recommendation of the Planning Division and Planning Commission, and gave all person’s full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the City Council, including, without limitation:
a. Written information including plans, studies, written and graphical information, and other material, submitted by the Applicant; and
b. Oral testimony from City staff, interested parties, and the public; and c. The City Council staff report, dated November 20, 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. The Planning Commission’s and Historic Preservation Commission’s recommendations, and Planning Commission staff report, dated October 8, 2024; and e. Additional information submitted during the public hearing; and 421
Item17.
WHEREAS, the City Clerk, whose office is located at 201 North Broadway, Escondido, CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings up on which the City Council’s decision is based, which documents and material shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Escondido that:
1. That the above recitations are true.
2. That the City Council has reviewed and considered the Final IS/MND prepared for the Project in conformance with CEQA, and Article 47 (Environmental Quality), the staff report dated November 20, 2024, and testimony given at the public hearing, and makes the environmental determinations including with Finding of Fact attached as Exhibit “E” hereto and incorporated by this reference. The Final IS/MND adequately addresses all environmental issues associated with the Project, and the Project would not result in any significant impacts to the environment. Approval of this resolution includes the adoption of the Final IS/MND prepared for the Project.
3. That the MMRP identifies mitigation measures necessary to reduce all impacts to a lessthan-significant level, and assigns on-going responsibility for carrying out mitigation responsibilities which are appropriate to address and mitigate project-related impacts.
4. That the Findings of Fact, attached as Exhibit “E” hereto and incorporated by this reference, were made by the City Council, and upon their consideration along with the staff reports, public testimony presented at the hearing, and all other oral and written evidence on this Project, the City Council approves the Project, subject to the Conditions of Approval set forth in Exhibits “F” through “I” hereto and incorporated by this reference. The City Council expressly declares that it would not have made this decision 422
Item17.
except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the uses permitted hereby.
5. The City Council, therefore, directs that a Notice of Determination be filed with the County Clerk of the County of San Diego in accordance with the CEQA Guidelines.
6. That this Tentative Parcel Map shall be null and void unless a Final Map, conforming to the Tentative Parcel Map and all required conditions, is filed within three (3) years of the effective date of this resolution, or unless an Extension of Time is granted pursuant to Section 66452.6 of the California Government Code.
7. The development plans for the Project are on file in the Planning Division of the Development Services Department and are available for inspection by anyone interested herein, and the development plans are incorporated herein by this reference as if they were fully set forth herein. The Project is conditionally approved as set forth on the Application and Project drawings, and which shall not be altered without the express authorization by the Planning Division. Any deviations from the approved development plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.
8. That concurrently with this Resolution, the City Council is taking a number of actions in furtherance of the Project, as generally described by the November 20, 2024, City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective in the manner provided by state law. Therefore, this Resolution shall become effective and operative on the day immediately subsequent to the date that Resolution No. 2024-164 becomes effective. 423
Item17.
BE IT FURTHER RESOLVED that, pursuant to Government Code section 66020(d)(1):
1. NOTICE IS HEREBY GIVEN that the Project is subject to dedications, reservations, and exactions, as specified in the Conditions of Approval. The Project is subject to certain fees described in the City of Escondido’s Development Fee Inventory on file in the Development Services Departments. The Applicant shall be required to pay all development fees of the City then in effect at the time and in such amounts as may prevail when building permits are issued. It is the City’s intent that the costs representing future development’s share of public facilities and capital improvements be imposed to ensure that new development pays the capital costs associated with growth. The Applicant is advised to review the Planned Fee Updates portion of the web page, www.escondido.gov, and regularly monitor and/or review fee-related information to plan for the costs associated with undertaking the Project.
2. NOTICE IS FURTHER GIVEN that the 90-day period during which to protest the imposition of any fee, dedication, reservation, or other exaction described in this Resolution begins on the effective date of this Resolution, and any such protest must be in a manner that complies with Government Code section 66020.
424
Item17.
Resolution No. 2024-164
Exhibit “A”
EXHIBIT “A”
LEGAL DESCRIPTION
PLANNING CASE NOS. PL24-0057/PL22-0397/PL22-0398/PL22-0396/PL24-0198 425
Item17.
Resolution No. 2024-164
Exhibit “B”
EXHIBIT “B”
FINAL IS/MND
PLANNING CASE NOs.
PL24-0057/PL22-0396/PL22-0397/PL22-0398/PL24-0198
Due to the number of pages of Exhibit “B”, links have been provided for review of the following items:
Response to Comments
Appendices to the Response to Comments:
Appendix A – Notice of Intent
Appendix B - Notice of Completion
Appendix C – Modifications Memorandum (Transportation, Noise, and Air Quality/Greenhouse Gas/ Energy Impacts)
Appendix D – Final Initial Study and Notice of Intent to Adopt a Mitigated Negative Declaration
The technical appendices may be reviewed at the following links:
Appendix A – Air Quality, Global Climate Change, and Energy Impact Analysis Appendix B – Historic Resources:
B.1 Historic Structure Assessment
B.2 Historic American Building Survey
Appendix C – Geotechnical Engineering Investigation
Appendix D – Stormwater Quality Management Plan
D.1 – Parcel 2 (Starbucks)
D.2 – Parcel 3 (Chipotle)
D.3 – Parcel 4
Appendix E – Noise Impact Analysis
Appendix F – Traffic Impact Analysis
426
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-2 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials Biological Resources
BIO-1. If project construction
cannot be avoided during the
nesting season (February 1
through September 15), a
preconstruction nesting bird
survey shall be conducted by a
qualified biologist hired by the
applicant prior to the initiation of
work to identify any active nests
that may be impacted by
construction activities. Surveys
shall be conducted at the
appropriate time of day, no more
than three days prior to
vegetation removal and/or
disturbance. If no nesting birds
are observed, no further action
would be necessary. If an active
bird nest is observed, the nest
site shall be fenced a minimum of
200 feet in all directions, and this
area shall not be disturbed until
the nest is inactive.
Prior to
construction
activities
Qualified Biological
Resources Monitor
Submittal of preactivity field survey
results report
Cultural Resources
CUL-1: Prior to issuance of a
demolition permit, the project
applicant shall ensure a Historic
American Buildings Survey
documentation (or equivalent) of
the structure be conducted by a
qualified professional in order to
achieve mitigation by exhausting
the research potential of the
resource. Compliance with this
measure and the following items
shall be documented to the
In the event of
discovery of
resources
during grounddisturbing
activities
Qualified
Archaeological
Resources Monitor
Review report
documenting findings
and recommendation
for treatment of
cultural resources
discovered
EXHIBIT "C"
MMRP
PLANNING CASE NOs.
PL24-0057/PL22-0396/PL22-0397/PL22-0398/PL24-0198
Resolution No. 2024-164
Exhibit "C"
427
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-3 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials satisfaction of the City of
Escondido Director of
Development Services prior to
demolition.
• Documentation shall include
digital photographic
recordation, a historic
native report, and
compilation of historic
research.
• Documentation shall be
completed by a qualified
architectural historian or
historian who meets the
Secretary of the Interior’s
Professional Qualifications
Standards for History and/or
Architectural History (36
CFR Part 61).
• The original archival-quality
documentation shall be
offered as donated material
to organizations and
repositories that will make
it available for local
researchers.
• Prior to issuance of building
permits for demolition, the
Applicant shall provide
documentation that the
materials have been offered
and submitted or declined.
Tribal Cultural Resources
TCR-1: Prior to the issuance of a
grading permit, the Applicant
shall enter into a Tribal Cultural
Resource Treatment and
Prior to
construction
activities
Qualified
Archaeologist and a
Native American
Monitor
Contact a TCA Tribe
and enter into a Tribal
Cultural Resource
Treatment and
Resolution No. 2024-164
Exhibit "C"
428
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-4 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials Monitoring Agreement (also
known as a Pre-Excavation
Agreement) with a tribe that is
traditionally and culturally
affiliated with the Project
Location (“TCA Tribe”). The
purposes of the agreement are
(1) to provide the Applicant with
clear expectations regarding
tribal cultural resources, and (2)
to formalize protocols and
procedures between the
Applicant/Owner and the TCA
Tribe for the protection and
treatment of, including but not
limited to, Native American
human remains, funerary
objects, cultural and religious
landscapes, ceremonial items,
traditional gathering areas and
cultural items, located and/or
discovered through a monitoring
program in conjunction with the
construction of the Project,
including additional
archaeological surveys and/or
studies, excavations,
geotechnical investigations,
grading, and all other grounddisturbing activities. The agreement shall incorporate, at a
minimum, the performance
criteria and standards, protocols,
and procedures set forth in
mitigation measures MM-CR-2
through MM-CR-10, and the
following information.
Monitoring Agreement
Resolution No. 2024-164
Exhibit "C"
429
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-5 501/503 W. Mission Avenue Project City of Escondido September 2024 • Parties entering into the agreement and contact
information.
• Responsibilities of the
Property Owner or their
representative,
archaeological monitors, and
tribal monitors.
• Project grading and
development scheduling,
including determination of
authority to adjust in the
event of unexpected
discovery, and terms of
compensation for the
monitors, including overtime
and weekend rates, in
addition to mileage
reimbursement.
• Requirements in the event of
unanticipated discoveries,
which shall address grading
and grubbing requirements
including controlled grading
and controlled vegetation
removal in areas of cultural
sensitivity, analysis of
identified cultural materials,
and on-site storage of
cultural materials.
• Treatment of identified
Native American cultural
materials.
• Treatment of Native
American human remains
and associated grave goods.
• Confidentiality of cultural
information including
location and data.
• Negotiation of
disagreements should they
arise.
Resolution No. 2024-164
Exhibit "C"
430
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-6 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials • Regulations that apply to
cultural resources that have
been identified or may be
identified during project
construction
TCR-2: Prior to issuance of a
grading permit, the Applicant
shall provide written verification
to the City that a qualified
archaeologist and a Native
American monitor associated
with a TCA Tribe have been
retained to implement the
monitoring program. The
archaeologist shall be responsible
for coordinating with the Native
American monitor. This
verification shall be presented to
the City in a letter from the
Project archaeologist that
confirms the selected Native
American monitor is associated
with a TCA Tribe. The City, prior
to any pre-construction meeting,
shall approve all persons involved
in the monitoring program.
Prior to
construction
activities
Qualified
Archaeologist and a
Native American
Monitor
Provide Written
Verification to City
TCR-3: The qualified
archaeologist and a Native
American monitor shall attend all
applicable pre-construction
meetings with the General
Contractor and/or associated
subcontractors to explain and
coordinate the requirements of
the monitoring program.
Prior to
construction
activities
Qualified
Archaeologist and a
Native American
Monitor
Pre-construction
meeting attendance
TCR-4: During the initial
grubbing, site grading,
excavation or disturbance of the
During the
initial
grubbing, site
Qualified
archaeologist and a
Native American
Adjust monitoring
based on findings
Resolution No. 2024-164
Exhibit "C"
431
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-7 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials ground surface (including both
on- and off-site improvement
areas), the qualified
archaeologist and the Native
American monitor shall be
present full-time. If the full-time
monitoring reveals that the
topsoil throughout the Project
impact area (both on and offsite) has been previously
removed during the development
of the roads and buildings within
the Project area, then a decrease
of monitoring to part-time
monitoring or the termination of
monitoring can be implemented,
as deemed appropriate by the
qualified archaeologist in
consultation with the Native
American monitor. The frequency
of subsequent monitoring shall
depend on the rate of
excavation, the materials
excavated, and any discoveries of
tribal cultural resources as
defined in California Public
Resources Code Section 21074.
The qualified archaeologist, in
consultation with the Native
American monitor, shall be
responsible for determining the
duration and frequency of
monitoring considering these
factors. Archaeological and
Native American monitoring will
be discontinued when the depth
of grading and soil conditions no
longer retain the potential to
contain cultural deposits (i.e.,
grading,
excavation, or
disturbance of
the ground
surface
monitor
Resolution No. 2024-164
Exhibit "C"
432
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-8 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials soil conditions are comprised
solely of fill or granitic bedrock).
TCR-5: In the event that
previously unidentified tribal
cultural resources are
discovered, all work must halt
within a 100-foot radius of the
discovery. The qualified
archaeologist and the Native
American monitor shall evaluate
the significance of the find and
shall have the authority to modify
the no-work radius as
appropriate, using professional
judgment. The qualified
archaeologist and Native
American Monitor shall consider
the criteria identified by
California Public Resources Code
sections 21083.2(g) and 21074,
and CEQA Guidelines sections
15064 and 15064.5(c) in
determining the significance of a
discovered resource. If the
professional archaeologist and
Native American monitor
determine that the find does not
represent a culturally significant
resource, work may resume
immediately, and no agency
notifications are required.
Isolates and clearly nonsignificant deposits shall be
documented in the field and
collected and monitored grading
can immediately proceed. All
unearthed archaeological
resources or tribal cultural
In the event of
discovery of
resources
during grounddisturbing
activities
Qualified
archaeologist and a
Native American
monitor
Halt work and evaluate
discoveries
Resolution No. 2024-164
Exhibit "C"
433
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-9 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials resources shall be collected,
temporarily stored in a secure
location, and repatriated for
later reburial on the project site,
pursuant to the terms of the PreExcavation Agreement.
TCR-6: If the qualified
archaeologist and Native
American monitor determine that
the find does represent a
potentially significant tribal
cultural resource, considering
the criteria identified by
California Public Resources Code
sections 21083.2(g) and 21074,
and CEQA Guidelines sections
15064 and 15064.5(c), the
archaeologist shall immediately
notify the City of said discovery.
The qualified archaeologist, in
consultation with the City, the
consulting TCA Tribe(s), and the
Native American monitor, shall
determine the significance of the
discovered resource. A
recommendation for the tribal
cultural resource’s treatment
and disposition shall be made by
the qualified archaeologist in
consultation with the TCA
Tribe(s) and be submitted to the
City for review and approval. If
the find is determined to be a
Tribal Cultural Resource under
CEQA, as defined in California
Public Resources Code Section
21074(a) though (c), appropriate
treatment measures will be
implemented. Work may not
In the event of
discovery of
resources
during grounddisturbing
activities
Qualified
archaeologist and a
Native American
monitor
The qualified
archaeologist, the
consulting TCA Tribe(s),
and the Native
American monitor shall
determine the
significance
Resolution No. 2024-164
Exhibit "C"
434
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-10 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials resume within the no-work radius
until the City, through
consultation as set forth herein,
determines either that: 1) the
discovery does not constitute a
Tribal Cultural Resource under
CEQA, as defined in California
Public Resources Code Section
21074(a) through (c); or 2) the
approved treatment and
disposition measures have been
completed.
TCR-7: All sacred sites,
significant tribal cultural
resources, and unique
archaeological resources
encountered within the Project
area shall be avoided and
preserved as the preferred
mitigation. The avoidance and
preservation of the significant
tribal cultural resource or unique
archaeological resource must
first be considered and evaluated
in consultation with the TCA
Tribe(s) as required by CEQA and
in compliance with all relevant
mitigation measures for the
Project. If any significant tribal
cultural resource or unique
archaeological resource has been
discovered and such avoidance or
preservation measure has been
deemed to be infeasible by the
City’s Director of Community
Development (after a
recommendation is provided by
the qualified archaeologist, in
consultation with the TCA
In the event of
discovery of
resources
during grounddisturbing
activities
City’s Director of
Community
Development (after a
recommendation is
provided by a
qualified
archaeologist, in the
consultation with the
TCA Tribe(s)
Avoidance,
Consultation and
Treatment of Resources
Resolution No. 2024-164
Exhibit "C"
435
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-11 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials Tribe(s), making a determination
of infeasibility that takes into
account the factors listed in
California Public Resources Code
sections 21061.1, 21081(a)(3),
and CEQA Guidelines section
15091, and in accordance with all
relevant mitigation measures for
the Project), then culturally
appropriate treatment of those
resources, including but not
limited to funding an
ethnographic or ethnohistoric
study of the resource(s), and/or
developing a research design and
data recovery program to
mitigate impacts shall be
prepared by the qualified
archaeologist (using professional
archaeological methods), in
consultation with the TCA Tribe
and the Native American
monitor, and shall be subject to
approval by the City. No artifact
sampling for analysis is allowed,
unless requested and approved
by the consulting TCA Tribe(s).
Before construction activities are
allowed to resume in the
affected area, the research
design and data recovery
program activities must be
concluded to the satisfaction of
the City.
TCR-8: As specified by California
Health and Safety Code section
7050.5, if human remains are
found on the Project site during
construction or during
In the event of
discovery of
resources
during grounddisturbing
Qualified
archaeologist and a
Native American
monitor
Notify the San Diego
County Coroner’s office
Resolution No. 2024-164
Exhibit "C"
436
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-12 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials archaeological work, the person
responsible for the excavation, or
his or her authorized
representative, shall
immediately notify the San Diego
County Coroner’s office.
Determination of whether the
remains are human shall be
conducted on site and in situ
where they were discovered by a
forensic anthropologist, unless
the forensic anthropologist and
the Native American monitor
agree to remove the remains to a
temporary off-site location for
examination. No further
excavation or disturbance of the
site or any nearby area
reasonably suspected to overlie
adjacent remains shall occur
until the Coroner has made the
necessary findings as to origin
and disposition. A temporary
construction exclusion zone shall
be established surrounding the
area of the discovery so that the
area would be protected, and
consultation and treatment could
occur as prescribed by law. If the
Coroner determines the remains
are Native American and not the
result of a crime scene, the
Coroner will notify the NAHC,
which then will designate a
Native American Most Likely
Descendant (MLD) for the project
(California Public Resources Code
§ 5097.98) for proper treatment
and disposition in accordance
activities
Resolution No. 2024-164
Exhibit "C"
437
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-13 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials with California Public Resources
Code section 5097.98. The
designated MLD will have 48
hours from the time access to the
property is granted to make
recommendations concerning
treatment of the remains. If the
City does not agree with the
recommendations of the MLD,
the NAHC can mediate (California
Public Resources Code §
5097.94). If no agreement is
reached, the remains shall be
kept in situ, or reburied in a
secure location in close proximity
to where they were found and
where they will not be further
disturbed (California Public
Resources Code § 5097.98). Work
may not resume within the no
work radius until the lead
agency, through consultation as
appropriate, determines that the
treatment measures have been
completed to their satisfaction.
The analysis of the remains shall
only occur on site in the presence
of the MLD, unless the forensic
anthropologist and the MLD agree
to remove the remains to an offsite location for examination.
TCR-9: If the qualified
archaeologist elects to collect
any tribal cultural resources, the
Native American monitor must be
present during any cataloging of
those resources. Moreover, if the
qualified archaeologist does not
collect the cultural resources
In the event of
discovery of
resources
during grounddisturbing
activities
Qualified
archaeologist and a
Native American
monitor
The Native American
monitor must be
present during any
cataloging of those
resources
Resolution No. 2024-164
Exhibit "C"
438
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-14 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials that are unearthed during the
ground-disturbing activities, the
Native American monitor may, at
their discretion, collect said
resources for later reburial on
the Project site. Any tribal
cultural resources collected by
the qualified archaeologist shall
be repatriated to the TCA Tribe
for reburial on the Project site.
Should the consulting TCA
Tribe(s) decline the collection,
the collection shall be curated at
the San Diego Archaeological
Center. All other resources
determined by the qualified
archaeologist, in consultation
with the Native American
monitor, to not be tribal cultural
resources, shall be curated at the
San Diego Archaeological Center.
TCR-10: Prior to the release of
the grading bond, a monitoring
report and/or evaluation report,
if appropriate, that describes the
results, analysis, and conclusions
of the archaeological monitoring
program and any data recovery
program on the Project site, shall
be submitted by the qualified
archaeologist to the City. The
Native American monitor shall be
responsible for providing any
notes or comments to the
qualified archaeologist in a
timely manner to be submitted
with the report. The report will
include California Department of
Parks and Recreation Primary and
Prior to the
release of the
grading bond
Qualified
archaeologist and a
Native American
monitor
A monitoring report
and/or evaluation
report, if appropriate,
that describes the
results, analysis, and
conclusions of the
archaeological
monitoring program and
any data recovery
program on the project
site shall be submitted
Resolution No. 2024-164
Exhibit "C"
439
Item17.
Final Initial Study/Mitigated Negative Declaration 4.0-15 501/503 W. Mission Avenue Project City of Escondido September 2024
TABLE .0-1: SUMMARY OF MITIGATION MEASURES AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Mitigation Monitoring Reporting
Monitoring Schedule Monitoring Responsibility Monitoring Procedure Comments Date/Initials Archaeological Site Forms for any
newly discovered resources. A
copy of the final report will be
submitted to the South Coastal
Information Center after
approval by the City.
Resolution No. 2024-164
Exhibit "C"
440
Item17.
�
HOW£S W£/L£R LANDY - PLANNING & £NGJN£ER/NG
2868 LOKER Ale,'Uf EAST,
sum::2!7 CARLSBAD, CA 92010
PHONE: (760) 929-2288
FAX: (760) 929-2287
CIV,L ENGINEER OF RECOOD: �M�EL�L7.<N�DY��P�.E.�S�1D�S5�---�DA�TE�
PROJECT INFORMATION
�x�;:�fL°fm-�t��s:
50J W£ST MISSION LLC, A CAUFORN/A LIMITED
LIABILITY COMPANY
EX. PARCEL J PER MAP 295:
JAi AMBE PHOENIX, LLC, AN ARIZONA L/M/1ED
LIABILITY COMPANY
GRADING QUANTITIES (TYP)
AREA GRADfD 1.88 AC
PERCENTAGE OF TOTAL 27.9 �
EXCAVA110N J99 CY CUT
£MBANKMENT 2,501 CY FILL
IMPORT 2,102 CY
MAX DEPTH OF CUT 4'
MAX DEPTH OF" ALL 2.6'
MAX HT OF FILL SLOP£ (2: I) N/A
MAX HT OF CUT SLOPE (2:1) N/A
LENGTH OF RETAINING WALL N/A
MAX HEIGHT OF RET WALL N/A
IMPERVIOUS AREAS
EXISTING
PERCENTAGE OF TOTAL AREA
PROPOSED
PERCENTAGE OF TOTAL AREA
41.206 SF
59.12);
57,050 SF
Bl.85 %
GENERAL INFORMATION
ADDRESS:
ASSESSOR'S PARCEL NO.:
50.J W. MISSION AVENUE
ESCONDIDO, CA 92025
229-171-29 ,t 229-171-JO
SITE AREA; J. 70 ± AC(GROSS) _ AC(NET)
EXISTING PARCELS: 2
PROPOSED PARCELS: 4
EXISTING ZONING: C-G (GENERAL COMMERCIAL)
PROPOSED ZONING: C-G (GENERAL COMMERCIAL)
GENERAL PLAN DESIGNATION: GC (GE:NERAL COMMERCIAL)
MINIMUM LOT AREA: NONE
PARCEL 1 AREA: 2.198 AC ±
PARCEL 2 AREA; 0.516 AC ±
PARCEL J AREA; 0.460 AC ±
PARCEL 4 ARE"A: 0.522 AC ±
REQUIRED MIN. SETBACKS:
FRONT YARD;
REAR 'r"E"AR;
SIDE YARD;
EASEMENTS:
ON-SITE:
OFF-SITE:
FEMA FIRM PANEL NO.:
FLOOD ZONE:
15'•
o·
o·
'
2 0607JC0814G
K
PARKING TABLE
FIR[ NOTE:
FIRE UNDERGROUND LJNES. FIRE SPRINKLERS,
FIRE ALARM PLANS WILL BE DEFERRED SUBMITTALS.
TENTATIVE PARCEL MAP
MISSION AVE.
CITY OF ESCONDIDO, CALIFORNIA
k!
4,
"
KE[/jAP
EXISTING LEGAL DESCRIPTION:
PARCEL 2 or PARCEL MAP NO. 295, IN THE CITY OF
ESCONDIDO, COUNTY OF SAN DIEGO, STA TE OF CAL/rORNIA.
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO, COUNTY, ..AJL Y 27, 1970 AS FILE NO. 1Jl815 OF
OFFICIAL RECORDS.
APN: 229-171-29-00
PARCEL J OF PARCEL MAP NO. 295, IN THE CITY OF
ESCONDIDO, IN THE COUNTY OF SAN DIEGO. STA TE OF
CALJFORNIA, ACCORDING TO MAP THEREOF FILED IN THE
OFF"ICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
JULY 27,1970.
=
LEGEND:
BOUNDARY DATA
PRO.ECT PROPOSED BOUNDARY
PARCEi.
PROPOS£DEAS£MENT
CENTERUNE
.ii:tMfJf2J.
N42i8'59"W 40.00'
EX ACCESS REUNQUISHMfNT
CONTOURS 7777777777T/777T
RfCORD LOT LJNE
- - - -ROH- � - - -
EX SUR\£Y MONUMENT (AS NOT[[) HERfON)
SPOTELEVA110NS
TRAFRC ARROW
DRAINAG£ D/REC1ION
EXISTING POii£!? POLE
BENCHMARK:
CJTY OF ESCONIDO BENCHMARK NO. 60J-4
OPP
CHISELED SQUARE ON TOP OF CURB, AT THE SOUTH CURB
RETURN, ON THE SOUTHltEST CORNER OF MISSION A\1£NUE
AND ESCONDIDO BOULEVARD.
ELEVATION- 651.J9 FEET
NGVO 29
SOURCE OF TOPOGRAPHY
TOPOGRAPHIC MAPPING SHOWN HEREON WAS PROVIDED BY MSL
ENGJNEcRING INC. MARCH 9, 2022
BASIS OF BEARINGS:
THE BEARING OF N2J"21'58"W OF THE WfST RIGHT OF WAY LJNE OF CENTRE CITY PARKWAY BETWEEN THE rOUND MONUMENTS AT
THE SOUTHEAST CORNER OF PARCEL 2 AND THE SOUTHEAST
CORNER Of PARCEL J or PARCEL MAP NO. 295 AS SHOWN ON
RECORD OF SURVEY MAP NO. 18541 FILED DECEMBER 17, 2004
AS FILE NO. 04-1188081, RECORDS OF S,t,N D/[GO COUNTY, WAS USED AS THE BASIS OF BE:ARINGS or THIS MAP.
R[VISION 5
R[VISION 4
REVISION J
REVISJON 2
R£VISJON 1
IIIIIIIIII IIIIIIIIII
llll/11111 IIIIIIIIII
IIIIIIIIII
ORIGINAL SUBMITTAL Ill/Ill/II HiNI.
TENTATIVE PARCEL MAP
MISSION AVE.
-" ��b�
E
J����i TITLE SH£[T �
/!_ :,::;::;;: ,_ ____ C_ITY_O_F_E_SC_O_N_D_IDO�, C_AL_IF_O_RN_I_A ___ __,� 2888L0=���1f
E. 21 SHEET NO. 1 OF 7 �
EXHIBIT "D"
PROJECT PLANS
PLANNING CASE NOs
PL24-0057/PL22-0397/PL22-0398/PL22-0396/PL24-0198
Resolution No. 2024-164
Exhibit "D"
441
Item17.
Resolution No. 2024-164
Exhibit "D"
442
Item17.
Resolution No. 2024-164
Exhibit "D"
443
Item17.
Resolution No. 2024-164
Exhibit "D"
444
Item17.
Resolution No. 2024-164
Exhibit "D"
445
Item17.
Resolution No. 2024-164
Exhibit "D"
446
Item17.
Resolution No. 2024-164
Exhibit "D"
447
Item17.
56'-0" PARCEL 4 2,350 S.F. W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W PARCEL 4 PARCEL 1 20'-0" 20'-0" 16'-0" 45'-0" 45'-0" 56'-0" Aec cDbC og Poin t(A ecL and 130) Ae cDb Cog oP int( Aec Lan d130 ) Ae cD bCo goP oint (Aec cLan d13 0) Aec cDb Cog oP int(A ec Land 130 ) Aec cDb Cog Poi nt(A ecL and 130 ) Aec cDb Cog Poi nt(A ecL and 130 ) A ec DbC og Poin t(Ae cL and1 30) A ecD bCo goP oint (Ae cLa nd1 30) A ec DbC ogP oin t(Ae cLa nd1 30) A ec DbC ogo Poin t(Ae cL and1 30) Aecc DbC og Poin t(A ecL and 130) Ae cD bCo goP int( Aec cLan d13 0) A ec DbC ogP oin t(Ae cLa nd1 30) A ec DbC og Poin t(Ae ccL and1 30) Aecc DbC og Poin t(A ecL and 130) Aec cDb Cog oPi nt(A ec Land 130 ) A ec DbC ogP oin t(Ae ccL and1 30) Ae cD bCo goP oint (Aec cLa nd13 0) Aec cDb Cog Poi nt(A ec Land 130 ) Aec cDbC ogo Poi nt(A ecL and 130 ) Aec DbC og Poin t(A ecL and 130) Ae cD bCo goP oint (Aec cLan d13 0) X X X X X X X X X X X X X X X X X X X X X NOT A PART NO PARKINT.E. G
STARBUCK'S
PARCEL 2
1,460 S.F. PARKING
NOPARCEL 3 PARCEL 2 2 1 CHIPOTLE
PARCEL 3
2,300 S.F. PATIO
250 S.F. 17'-6" 12'-0" 12'-0" 12'-0" 12'-0" 8'-6" 8'-6" 16'-0" 5' 36'-0" 12'-0" 24'-0" 12'-0" 12'-0" 12'-0" r=20'-0" 8'-0" R23'-0" 24'-0" 33'-10" 20'-0" 18'-10" EXISTING AUTO REPAIR 41'-0" 73'-0" 1 1 1 1 17'-7" 5'-0" BACK
SET 15'-0" BACK
SET 3 2 2 3 2 4 4 4 NOT PART OF THE PROJECT EXISTING HOTEL NOT PART OF THE PROJECT 5 6 6 4 18'-0" 24'-0" 18'-0" 18'-0" 24'-0" 5'-0" 12'-0" 12'-0" 6'-9" 24'-0" 4'-2" 24'-0" 18'-0" 6'-6" 24'-0" 18'-0" 40'-11" 8'-6" 21'-8" LOADING ZONE LOADING ZONE S 20d28'20" E ~ 99.64' S 21d30'00" E ~ 103.39' N 23d21'58" W ~ 175.27' R=92.00' D= 29d10'11" L=46.84' S 69d34 4' 1" W ~ 69 2. 0' R=20.0 D= ' L=14d31'40" 5.07' N 68d30'00" E ~ 113.97' N 23d21'58" W ~ 167.31' S 21d30'00" E ~ 156.08' S 68d30'00" W ~ 95.86' R=28.0 ' D= 28d34'19" L=13.96' R=28.00' D= 34d15'31" L=16.74' R=5.00' D= 61d25'41" L=5.36' S 21d30'00" E ~ 166.86' N 69d35 2' 8" E ~ 126 8. 1' N 23d21'58" W ~ 185.20' S 68d30'00" W ~ 109.86' R=28.00' D= 6d20 5' 0" L=3.10' R=5.00' D= 61d25'41" L=5.36' R=28.0 D= ' L=28d34'19" 13.96' N 69d35 2' 8" E ~ 94 8. 9' S 20d28'20" E ~ 175.00' S 20d28'20" E ~ 120.55' R=5 1.0 ' D=32d25'45" L=31 .86' S 69d34'41" W ~ 153.01' N 6 d06'19" W 5.0 ' S 23d53'41" W ~ 50.75' N 69d35'28" E~ 267.25' NOTE: NO WORK ON PARCEL 1 WEST OF HOTEL. ONLY WORK IN 36' DRIVE AISLE FROM CCP, EDGE CONTROL ON EAST SIDE OF 24' DRIVE AISLE, UTILITY WORK AND INCIDENTAL WORK ASSOCIATED WITH PARCELS 2, 3 AND 4. 5'-0" 3'-0" 3'-0" 22,503 SF 20,043 SF 22,750 SF 4 17'-6" 24'-0" 18'-0" 18'-0" 24'-0" 18'-0" NORTH OVERALL SITE PLAN GRAPHIC SCALE: 1" = 30' 30' 15' 0' 30' 60' 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
PROPOSED DEVELOPMENT
PARCEL 2 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 AS000 OVERALL SITE PLAN SITE PLAN KEY NOTES: -1. EASEMENT 2. 3' CMU SCREEN WALL 3. ACCESSIBLE PATH OF TRAVEL 4. FIRE HYDRANT 5. EXISTING POLE SIGN 6. PROPOSED TRAFFIC SIGNAL GENERAL NOTES A. SEE CIVIL AND LANDSCAPE DRAWING FOR OFF-SITE WORK. VICINITY MAP PROJECT NOTES PROJECT DIRECTORY OWNER 501 W. MISSION, LLC 14493 OLD CREEK DRIVE SAN DIEGO, CA 92131 949-233-6133 ATTN: PATRICK COX PLANNING AND MAPPING HWL 2888 LOCKER AVE E., STE 217 CARLSBAD, CA 92010 760-929-2280 ATTN: STAN WEILER CIVIL ENGINEER MOUR GROUP ENGINEERING + DESIGN 6593 RIVERDALE STREET SAN DIEGO, CA 92120 (619) 727-4800 ATTN: ERIN SWEENEY LANDSCAPE ARCHITECT: LANDSCAPE ARCHITECTURE MSLA 306 CANYON FALLS DRIVE FOLSOM, CA 95630 CONTACT: MICHAEL SHULAR (916) 989-3372 ARCHITECTURE/STRUCTURAL ENGINEERING MOUR GROUP ENGINEERING + DESIGN 6595 RIVERDALE STREET SAN DIEGO, CA. 92120 (619) 727-4800 ATTN: GLENN MOURITZEN JOSEPH SKIMMING PROJECT DESCRIPTION THE PROJECT PROPOSES TO CONSTRUCT THREE DRIVE-THRU RESTAURANTS ON AN EXISTING DEVELOPED SITE. THE SITE WILL BE DIVIDE INTO FOUR PARCELS: 2-4 WILL FOR THE DRIVE-THRU RESTAURANTS. PARCEL 1 IS FOR THE EXISTING HOTEL. THE PROJECT PROPOSED OF SITE IMPROVEMENT INCLUDING THE RIGHT TURN LANE FROM MISSION TO CENTER CITY PARKWAY AND LEFT TURN POCKET INTO THE SITE INCLUDING TRAFFIC SIGNALING. WASHINGTON AVE MISION AVE ROCK SPRINGS AVE, CENTRE CITY PKWY QUINCE ST. 78 ESCONDIDIO BLVD. BROADWAY CREST ST. PROJECT SITE N CONDITIONAL USE PERMIT CASE NUMBER: PL24-0057, PL24-0198. PL22-0396. PL22-0397, PL22-0398 ADDRESS: SOUTH EAST CORNER OF MISSION AVE AND CENTER CITY PARKWAY APN: 229-171-29 AND 229-171-30 ZONING: C-G (GENERAL COMMERCIAL) PROPOSED LAND USE: FOR PARCEL 2,3 AND 4: DRIVE-THRU RESTAURANTS. PARCEL 1: EXISTING HOTEL SITE AREA: 3.70 ACRES ± PARCEL 1 - 95,746 S.F. , 2.198 AC PARCEL 2 - 22,503 S.F. , 0.516 AC PARCEL 3 - 20,043 S.F. , 0.460 AC PARCEL 4 - 22,750 S.F. , 0.522 AC REQUIRED SET BACKS: FRONT: 15' FACING CENTER CITY PARKWAY SIDE: NONE STREET SIDE: NONE REAR: NONE PROPOSED BUILDING AREA COVERAGE PARCEL 2: 1,460 S.F. 6.60% PARCEL 3: 2,300 S.F. 11.25% PARCEL 4: 2,350 S.F. 10.62% PARKING: REQUIRED: 20 SPACES FOR A DRIVE THRU RESTAURANT PROVIDED: 20 SPACES AT PARCELS 2, 3, 4. PARCEL 1 EXISTING. SIZE: 8'-6"x18'-0" STANDARD 9'-0" x 180'-0" ACESSIBLE Resolution No. 2024-164
Exhibit "D"
448
Item17.
NOT A PART
NO PARKINGT.E. STARBUCK'S
PARCEL 2
1,460 S.F. PARKING
NO PARCEL 2
15'-11 7/8" 1 TYP. 9'-0" 8'-0" 8'-6" 24'-0" 5'-0" 8'-6" 5'-0" 2 3 4 11 5 6 7 8 10 9 12
21'-8 1/8" 20'-10 3/4" 5'-0" 4'-0"
N 68d30'00" E ~ 113.97' 14 13 3 NORTH SITE PLAN PARCEL 1 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
PROPOSED DEVELOPMENT
PARCEL 2 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 AS201 ENLARGED SITE PLAN PARCEL 2 SITE PLAN KEY NOTES: - GRAPHIC SCALE: 1" = 10' 10' 5' 0' 10' 20' SITE PLAN LEGEND 1. ACCESSIBLE PARKING STALL 2. CURB RAMP WITH TRUNCATED DOMES 3. WHEEL STOP 4. PARKING STRIPING 5. TRASH ENCLOSURE , WITH 6'-0" CMU WALLS, METAL GATES AND ROOF. 6. PRE-ORDER BOARD, BY TENANT UNDER SEPARATE PERMIT 7. ORDER SCREEN, BY TENANT UNDER SEPARTE PERMIT 8. MENU BOARD, BY TENANT UNDER SEPARATE PERMIT 9. HEIGHT RESTRICTION BAR, BY TENANT UNDER SEPARATE PERMIT 10. DRIVE-THRU SIGN, BY TENANT UNDER SEPARATE PERMIT 11. MOBILE ORDER PICK-UP SIGN BY TENANT 12. 3 FOOT HIGH CMU SCREEN WALL. SEE DETAIL 2 BELOW. 13. 10'-0" X 25'-0" X 14 HIGH LOADING AREA 14. GREASE INTERCEPTORINDICATES LANDSCAPING, SEE LANDSCAPE PLANS INDICATES CONCRETE PAVING PARCEL 2 INFORMATION PARCEL 2 AREA - 22,096 S.F. PROPOSED BUILDING AREA COVERAGE PARCEL 2: 1,460 S.F. 6.59% PROPOSED OCCUPANCY: A2/B DRIVE THUR RESTAURANT NOTE PROPOSED BUILDING WILL A DRIVE-THRU ONLY, NO CUSTOMER SEATING CONSTRUCTION TYPE: VB - NO SPRINKLERS PARKING: REQUIRED: 20 SPACES FOR A DRIVE THRU RESTAURANT PROVIDED: 20 SPACES AT PARCELS 2, 3, 4. SIZE: 8'-6"x18'-0" STANDARD 9'-0" x 180'-0" ACESSIBLEINDICATES PATH ACCESSIBLE OF TRAVEL SCALE: 1/4"=1'-0" TYPICAL SCREEN WALL 2 3'-0" SPLIT FACE CMU 2" CAP BLOCK
Resolution No. 2024-164
Exhibit "D"
449
Item17.
NOT A PART NO PARK NI G NO PARCEL 2
Resolution No. 2024-164
Exhibit "D"
450
Item17.
STARBUCK'S - PARCEL 2 1,460 SF A B C 123 13'-0" 51'-11 1/2" 64'-11 1/2" 7'-9" 20'-11" 28'-8" 17'-4" TRASH ENCLOSURE 11'-3"1 2 3 4 6 5 4" 7 GENERAL NOTES: KEYNOTES: LEGEND NORTH SCALE: 1/4"=1'-0" FLOOR PLAN 1 GRAPHIC SCALE: 1/4" = 1'-0" 4' 2' 0' 4' 8' 1. LINE OF ROOF ABOVE 2. ELECTRICAL SERVICE PANEL 3. ELECTRICAL PANELS 4. GAS METER 5. DRIVE-THRU WINDOW. 6. WALK-UP WINDOW. 7. ROOF ACCESS HATCH. X A200 FLOOR PLAN PARCEL 2 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
PROPOSED DEVELOPMENT
PARCEL 2 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131
Resolution No. 2024-164
Exhibit "D"
451
Item17.
A B C
123 13'-0" 51'-11 1/2" 64'-11 1/2" 7'-9" 20'-11" 28'-8" 3 1 S L O P E S L O P E S L O P E S L O P E S L O P E S L O P E S L O P E S L O P E S L O P E 1 2 4
5 2
7 8TYP. TYP. TYP. TYP. 9TYP. 6 6 O P E
P E GENERAL NOTES: KEYNOTES: LEGEND NORTH SCALE: 1/4"=1'-0" ROOF PLAN 1 GRAPHIC SCALE: 1/4" = 1'-0" 4' 2' 0' 4' 8' 1. LINE OF WALL BELOW. 2. EDGE OF ROOF 3. SCREEN WALL. 4. METAL TRASH ENCLOSURE ROOF. 5. ROOF HATCH. 6. MECHANICAL EQUIPMENT. 7. TPO ROOFING OVER TAPERED INSULATION 8. ROOF DRAIN 9. BUILDING SIGNAGE.X A201 ROOF PLAN 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
PROPOSED DEVELOPMENT
PARCEL 2 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131
Resolution No. 2024-164
Exhibit "D"
452
Item17.
T.O. SCREEN +19'-7 1/2" A.F.F. T.O. CANOPY +13'-7 1/2" A.F.F. B.B. CANOPY +12'-1 1/2" A.F.F. FINISH FLOOR +0'-0" A.F.F. C B A 3 6 4 4A 1 5 2 9 A C T.O. SCREEN +19'-7 1/2" A.F.F. T.O. CANOPY +13'-7 1/2" A.F.F. B.B. CANOPY +12'-1 1/2" A.F.F. FINISH FLOOR +0'-0" A.F.F. XXXX 4 9 5 1 11 3 10 8 4A 3 2 1 T.O. SCREEN +19'-7 1/2" A.F.F. T.O. CANOPY +13'-7 1/2" A.F.F. B.B. CANOPY +12'-1 1/2" A.F.F. FINISH FLOOR +0'-0" A.F.F. 1 3 6 6 3 4A T.O. SCREEN +19'-7 1/2" A.F.F. T.O. CANOPY +13'-7 1/2" A.F.F. B.B. CANOPY +12'-1 1/2" A.F.F. FINISH FLOOR +0'-0" A.F.F. 1 2 3 1 5 1 6 3 4A 12 14 EXTERIOR COLOR SCHEDULE A. SHERWIN WILLIAMS SW 7042 SHOJI WHITE B. SHERWIN WILLIAMS SW 7674 PEPPERCORN C. TREX CLADDING - TIKI TORCH D. SHERWIN WILLIAMS SW 7045 INTELLECTUAL GRAY ELEVATION GENERAL NOTES A. COMPOSITE WOOD WOOD SIDING: TREX CLADDING - TIKI TORCH B. STUCCO TO BE 3 COAT CEMENT PLASTER AND LATH OVER WATER RESISTIVE BARRIER, WITH INTEGRAL COLOR. A202 EXTERIOR ELEVATIONS 1. VERTICAL COMPOSITE WOOD SIDING 2. ALUMINUM STOREFRONT. 3. STUCCO FINISH 4. EQUIPMENT SCREEN - WIDE RIBBED PANEL, VERTICAL 4A. EQUIPMENT SCREEN - NARROW RIBBED PANEL. VERTICAL 5. METAL PANEL TO MATCH STOREFRONT FRAME 6. METAL PANEL FASCIA. 7. PAINTED HORIZONTAL METAL LOUVER. 8. METAL TRASH ENCLOSURE DOORS PAINTED. 9. SOLID SURFACE PANELS AT PICK-UP WINDOW 10. ELECTRICAL SERVICE PANEL 11. SIGNAGE PANELS BY TENANT UNDER SEPARATE PERMIT 12. METAL LOUVERS. 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
PROPOSED DEVELOPMENT
PARCEL 2 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 ELEVATIONS KEY NOTES: - 3 2
Resolution No. 2024-164
Exhibit "D"
453
Item17.
A203
Resolution No. 2024-164
Exhibit "D"
454
Item17.
A204
Resolution No. 2024-164
Exhibit "D"
455
Item17.
2 1
CHIPOTLE PARCEL 3
2,300 S.F.
PATIO
250 S.F. 1 4 910
15'-0" 14 12 S 68d30'00" W ~ 95.86'
N 68d30'00" E ~ 113.97' 13 10
8'-6" TYP. 9'-0" 3 5
3'-5 1/4" 6 2
15'-9 1/8" 30'-11 3/8" 11 14 16 16 15 15 8
5'-0 1/8" NORTH SITE PLAN PARCEL 3 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 MAY 7, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
CONDITIONAL USE PERMIT
PARCEL 3 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 AS301 ENLARGED SITE PLAN PARCEL 3 SITE PLAN KEY NOTES: - GRAPHIC SCALE: 1" = 10' 10' 5' 0' 10' 20' SITE PLAN LEGEND INDICATES LANDSCAPING, SEE LANDSCAPE PLANS INDICATES ACCESSIBLE PATH OF TRAVEL 1. ACCESSIBLE PARKING STALL 2. CURB RAMP WITH TRUNCATED DOMES 3. WHEEL STOP 4. PARKING STRIPING 5. TRASH ENCLOSURE , WITH 6'-0" CMU WALLS, METAL GATES, ROOF AND BOLLARDS 6. HEIGHT RESTRICTION BAR, BY TENANT UNDER SEPARATE PERMIT 7. DRIVE-THRU SIGN, BY TENANT UNDER SEPARATE PERMIT 8. ANNOUNCE SIGN BY TENANT UNDER SEPARATE PERMIT 9. 3 FOOT HIGH CMU SCREEN WALL. SEE DETAIL BELOW. 10. PROPOSED FIRE HYDRANT 11. PATIO RAILING, SEE DETAIL BELOW 12. 10'-0" X 25'-0" X 14' HIGH LOADING AREA 13. GREASE INTERCEPTOR 14. PULL- IN SPACES 15. PICK-UP PARKING SIGN 16. BOLLARD PARCEL 3 INFORMATION PARCEL 3 AREA - 20,428 S.F. PROPOSED BUILDING AREA COVERAGE PARCEL 3: 2,300 S.F. 11.06% OCCUPANCY: A2 DRIVE THUR RESTAURANT CONSTRUCTION TYPE: VB - NO SPRINKLERS PARKING: REQUIRED: 20 SPACES FOR A DRIVE THRU RESTAURANT PROVIDED: 20 SPACES SIZE: 8'-6"x18'-0" STANDARD 9'-0" x 180'-0" ACESSIBLEINDICATES CONCRETE PAVING SCALE: 1"=1'-0" PATIO RAILING 3 1'-6" 1'-3" 3" 3'-0" 1/2" VARIES 1/2" VARIES
1'-0" 1'-0" 1'-0" 1/2" 1" 1'-0" 10" 6" TYP
1'-4" 3/8 x 2 1/2 RAILS, TYP. EASE EDGES OF TOP RAIL, TYP. 3/8 x 2 1/2 POSTS, TYP. REFER TO SPECIFICATIONS FOR PATIO RAILING COLOR PUNCH 7/16" Ø HOLE, TYP. 3/8" Ø THREADED STUD W/ STAIN. STL. ACORN HEAD NUT AT EACH END W/ S.S. FLAT WASHER ON ONE SIDE AND LOCK-WASHER ON OTHER. CORE DRILL 5" DIA. HOLE IN CONCRETE TO RECEIVE RAILING STANCHION. SET RAILING STANCHION IN CEMENTITIOUS GROUT SCALE: 1/4"=1'-0" TYPICAL SCREEN WALL 2 3'-0" SPLIT FACE CMU 2" CAP BLOCK
Resolution No. 2024-164
Exhibit "D"
456
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PARCEL 3 PATIO 250 S F. .
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CHIPOTLE - PARCEL 3 AREA: 2,300 SF 1 2 3 45 2 5 ABDC 1 3 4 11'-3" 11'-4" 43'-11" 4'-6" 71'-0" 24'-2" 9'-6" 5'-1" 38'-9" GENERAL NOTES: KEYNOTES: LEGEND 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 MAY 7, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
CONDITIONAL USE PERMIT
PARCEL 3 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 X A300 SCALE: 1/4"=1'-0" FLOOR PLAN 1 GRAPHIC SCALE: 1/4" = 1'-0" 4' 2' 0' 4' 8' NORTH KEYNOTES: 1. DRIVE-THRU WINDOW. 2. SERVICE DOOR. 3. ENTRY STOREFRONT. 4. ELECTRICAL EQUIPMENT. 5. ROOF LADDER. X Resolution No. 2024-164
Exhibit "D"
458
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S L O P E 1/4'/FT S L O P E 1/4'/FT S L O P E 1/4'/FT
S L O P E 1/4'/FT 1 4 4 2 2 3 2 5 ABDC 1 3 4 11'-3" 11'-4" 43'-11" 4'-6" 71'-0" 24'-2" 9'-6" 5'-1" 38'-9" 1 1 5 GENERAL NOTES: KEYNOTES: LEGEND 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 MAY 7, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
CONDITIONAL USE PERMIT
PARCEL 3 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 X A301 ROOF PLAN PARCEL 3 KEYNOTES: 1. ROOF DRAIN AND OVERFLOW. 2. PARAPET OUTLINE. 3. ROOF HATCH. 4. MECHANICAL EQUIPMENT. 5. FABRIC AWNING X SCALE: 1/4"=1'-0" ROOF PLAN 1 GRAPHIC SCALE: 1/4" = 1'-0" 4' 2' 0' 4' 8' NORTH Resolution No. 2024-164
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A303
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F.F. 0'-0" T.O. STOREFRONT + 10'-0" B.O. SOFFIT + 11'-0" T.O. PARAPET + 19'-4" TRUSS BEARING + 11'-10" T.O. PARAPET + 20'-8" B.O. WINDOW + 3'-0' T.O. WINDOW + 7'-11 1/2" 3 1 6 3 2 3 3 9 5 9 3 1 F.F. 0'-0" B.O. SOFFIT + 11'-0" T.O. PARAPET + 19'-4" TRUSS BEARING + 11'-10" 9 1 3 3 4 5 1 9 4 10 F.F. 0'-0" T.O. STOREFRONT + 10'-0" B.O. SOFFIT + 11'-0" T.O. PARAPET + 19'-4" TRUSS BEARING + 11'-10" 1 3 1 3 7 2 710 11 9 F.F. 0'-0" T.O. STOREFRONT + 10'-0" B.O. SOFFIT + 11'-0" T.O. PARAPET + 19'-4" TRUSS BEARING + 11'-10" T.O. PARAPET + 20'-8" 15 1 9 9 2 2 11 ELEVATIONS KEY NOTES: 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 MAY 7, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
CONDITIONAL USE PERMIT
PARCEL 3 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 1 2 3 4 EXTERIOR COLOR SCHEDULE ELEVATION GENERAL NOTES A302 EXTERIOR ELEVATIONS PARCEL 3 1. VERTICAL COMPOSITE WOOD CLADDING. 2. ALUMINUM STOREFRONT. 3. EXTERIOR STUCCO. 4. HM DOOR. 5. FABRIC AWNING. 6. ALUMINUM FRAMED WINDOW. 7. VINYL DECAL 8. STANDING SEAM METAL ROOF 9. MTL. COPING CAP 10. 1" REVEAL. TYP 11. SIGNAGE UNDER SEPARATE PERMIT A. SHERWIN WILLIAMS SW 7042 SHOJI WHITE B. SHERWIN WILLIAMS SW 7674 PEPPERCORN C. TREX CLADDING - ISLAND MIST D. BLACK SUNBRELLA FABRIC X Resolution No. 2024-164
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PARCEL 4 2,350 S.F. PARCEL 4
12'-0" 4'-2" 4'-0" 1 6 3 4 2 5 2 6
5'-0" 16'-0" 24'-0" 18'-0" 6'-6" 17'-9 3/4" 7 8 S 68d30'00" W ~ 109.86' 9 10 NORTH SITE PLAN PARCEL 4 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
CONDITIONAL USE PERMIT
PARCEL 4 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 AS401 ENLARGED SITE PLAN PARCEL 4 SITE PLAN KEY NOTES: - GRAPHIC SCALE: 1" = 10' 10' 5' 0' 10' 20' SITE PLAN LEGEND 1. ACCESSIBLREE PARKING STALL 2. CURB RAMP WITH TRUNCATED DOMES 3. WHEEL STOP 4. PARKING STRIPING 5. TRASH ENCLOSURE , WITH 6'-0" CMU WALLS, METAL GATES AND ROOF. 6. 3 FOOT HIGH CMU SCREEN WALL. SEE DETAIL BELOW. 7. PATIO RAILING. SEE DETAIL BELOW 8. LOADING ZONE 9. GREASE INTERCEPTOR 10. 10'-0" X 25'-0" X14' H LOADING AREA INDICATES LANDSCAPING, SEE LANDSCAPE PLANS INDICATES ACCESSILBE PATH OF TRAVEL PARCEL 4 INFORMATION PARCEL 4 AREA - 22,750 S.F. PROPOSED BUILDING AREA COVERAGE PARCEL 3: 2,350 S.F. 10.26% OCCUPANCY: A2 DRIVE THUR RESTAURANT CONSTRUCTION TYPE: VB - NO SPRINKLERS PARKING: REQUIRED: 20 SPACES FOR A DRIVE THRU RESTAURANT PROVIDED: 20 SPACES SIZE: 8'-6"x18'-0" STANDARD 9'-0" x 180'-0" ACESSIBLEINDICATES CONCRETE PAVING SCALE: 1/4"=1'-0" TYPICAL SCREEN WALL 2 3'-0" SPLIT FACE CMU 2" CAP BLOCK SCALE: 1"=1'-0" PATIO RAILING 3 1'-6" 1'-3" 3" 3'-0" 1/2" VARIES 1/2" VARIES
1'-0" 1'-0" 1'-0" 1/2" 1" 1'-0" 10" 6" TYP
1'-4" 3/8 x 2 1/2 RAILS, TYP. EASE EDGES OF TOP RAIL, TYP. 3/8 x 2 1/2 POSTS, TYP. REFER TO SPECIFICATIONS FOR PATIO RAILING COLOR PUNCH 7/16" Ø HOLE, TYP. 3/8" Ø THREADED STUD W/ STAIN. STL. ACORN HEAD NUT AT EACH END W/ S.S. FLAT WASHER ON ONE SIDE AND LOCK-WASHER ON OTHER. CORE DRILL 5" DIA. HOLE IN CONCRETE TO RECEIVE RAILING STANCHION. SET RAILING STANCHION IN CEMENTITIOUS GROUT Resolution No. 2024-164
Exhibit "D"
463
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PARCEL 4
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464
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PARCEL 4' 2,347 SF 1 2 3 4 5 GENERAL NOTES: KEYNOTES: LEGEND SCALE: 1/4"=1'-0" FLOOR PLAN 1 GRAPHIC SCALE: 1/4" = 1'-0" 4' 2' 0' 4' 8' X A400 FLOOR PLAN PARCEL 4 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
CONDITIONAL USE PERMIT
PARCEL 4 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 KEYNOTES: 1. LINE OF CANOPY ABOVE 2. ELECTRICAL SERVICE PANEL 3. DRIVE-THRU WINDOW. 4. SERVICE DOOR. 5. PATIO RAILING. X NORTH Resolution No. 2024-164
Exhibit "D"
465
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S L O P E 1/4'/FT S L O P E 1/4'/FT S L O P E 1/4'/FT 1 2 2
5 4
7 7
3 3
8 2 GENERAL NOTES: KEYNOTES: LEGEND SCALE: 1/4"=1'-0" ROOF PLAN 1 GRAPHIC SCALE: 1/4" = 1'-0" 4' 2' 0' 4' 8'
X A401 ROOF PLAN PARCEL 4 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
CONDITIONAL USE PERMIT
PARCEL 4 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 1. LINE OF WALLS BELOW. 2. FABRIC AWNING. 3. ROOF AND OVERFLOW DRAIN 4. ROOF HATCH, VERIFY LOCATION WITH TENANT 5. PARAPET TO SCREEN MECHANICAL EQUIPMNET 6. TPO MEMBRANE ROOFING OVER R30 INSULATION 7. MECHANICAL EQUIPMENT. 8. DECORATIVE TRELLIS WITH LIGHTING. NORTH Resolution No. 2024-164
Exhibit "D"
466
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3 2 1 5 3 6 3 1 3 2 1 1 3 6 9 9 9 11 A B C D E 3 9 4 3 4 1 10 5 5 9 1 1 2 3 9 1 1 3 1 5 2 3 11 1 5 E D A 9 2 9 11 2 3 1 5 5 1 1 1 1 12 ELEVATIONS KEY NOTES: 1 2 3 4 EXTERIOR COLOR SCHEDULE ELEVATION GENERAL NOTES A402 EXTERIOR ELEVATIONS PARCEL 4 1. VERTICAL COMPOSITE WOOD CLADDING. 2. ALUMINUM STOREFRONT. 3. EXTERIOR STUCCO. 4. HM DOOR. 5. FABRIC AWNING. 6. ALUMINUM FRAMED WINDOW. 7. WOOD ROOF FASCIA. 8. STANDING SEAM METAL ROOF 9. MTL. COPING CAP 10. 1" REVEAL. TYP 11. TRELLIS 12. PATIO RAILING 6593 RIVERDALE ST. SAN DIEGO, CA. 92120 PH. 619.727.4800 Revisions:
PROJECT SHEET TITLE: PROJECT NO.: DATE: DRAWN: SCALE: WM2301 AUGUST 23, 2024 AS SHOWN MOUR GROUP CLIENT: 501 WEST MISSION, LLC
CONDITIONAL USE PERMIT
PARCEL 4 CENTRE CITY PARKWAY AND MISSION AVENUE
ESCONDIDO, CA 92025
c/o PATRICK COX
14493 OLD CREEK ROAD
SAN DIEGO, CA 92131 A. SHERWIN WILLIAMS SW 7042 SHOJI WHITE B. SHERWIN WILLIAMS SW 7674 PEPPERCORN C. CHARCOAL GREY SUNBRELLA FABRIC D. TREX CLADDING - TIKI TORCH E. SHERWIN WILLIAMS SW 6362 TIGEREYE X Resolution No. 2024-164
Exhibit "D"
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Exhibit “E”
EXHIBIT “E”
FACTORS TO BE CONSIDERED / FINDINGS OF FACT
PLANNING CASE NOs. PL24-0057/PL22-0397/PL22-0398/PL22-0396/PL24-0198 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. An Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Project was prepared, published, circulated and reviewed in accordance with the requirements of CEQA, the CEQA Guidelines, and the local environmental procedures. The decision-making body of the Lead Agency shall adopt the proposed IS/MND only if:
It finds on the basis of the whole record before it that there is no substantial evidence the Project will have a significant effect on the environment, and; The IS/MND reflects the Lead Agency's independent judgment and analysis.
3. The Final IS/MND and Mitigation Monitoring and Reporting Plan (“MMRP”), collectively constitute the environmental documentation under and pursuant to CEQA, the CEQA Guidelines, and local environmental procedures relating to the Project, and shall be referred to herein collectively as “CEQA Documents”.
4. The City Council has received the material record supporting all of the CEQA documents for the Project. The City Council, finds the following:
The Final IS/MND reflects the City’s independent judgment and analysis. That there is no substantial evidence that the Project or any of its aspects could result in significant adverse impacts, or that cannot be fully mitigated. All previously identified impacts have been mitigated to less than a significant level. The City Council also finds that the mitigation measures listed in the MMRP will not cause any potentially significant effects.
The Final IS/MND has been completed in compliance with CEQA and it constitutes a complete, accurate, adequate and good faith effort at full disclosure under CEQA. 486
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5. Mitigation measures are recommended to be incorporated as part of the adoption of the Mitigated Negative Declaration. The recommended approval of the Project also includes the adoption of the MMRP, attached hereto this Resolution.
6. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines section 15091(e), all documents and other materials which constitute the record of proceedings are located at the City of Escondido, City Hall. The City Clerk, whose office is located at 201 North Broadway, Escondido CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the Planning Commission’s decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.
Tentative Subdivision Map Determinations (Subdivision Map Act and Chapter 32 of the Escondido Municipal Code)
With respect to Planning Case No. PL22-0396, the City Council makes the finding that none of the findings (a) through (g) below in Section 66474 of the California Government Code that require a City to deny approval of a Tentative Subdivision Map apply to this Project for the reasons stated as follows:
1. That the proposed map is consistent with the applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act
The proposed Project has been reviewed in accordance with the City’s 2012 General Plan, and is not located within a specific plan area. The proposed subdivision is consistent with the General Commercial (GC) land use designation which allows for commercial uses on the Project site. The GC land use designation allows a maximum intensity of 0.5 Floor Area Ratio. As detailed in the Planning Commission staff report, dated October 08, 2024, the proposed map meets the requirements for parcels in General Commercial (C-G) zoning district.
2. That the design or improvement of the proposed subdivision is consistent with the applicable general and specific plans
The Project includes the subdivision of two (2) parcels into four (4) parcels for commercial uses.
The Project is required to improve the frontage along Centre City Parkway and Mission Avenue as required by the General Plan and the Escondido Municipal Code. Further, the Project as proposed meets the minimum lot sizes and dimensions, as well as access for egress and ingress, required by the Municipal Code for the purposes of land subdivision.
3. The Project site is physically suitable for the proposed type of Project The Project site is suitable for the commercial type of development proposed as it is consistent with the permitted and conditionally permitted uses identified within Article 16 of the Escondido 487
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Zoning Ordinance. The Project is located on property that is adjacent to existing commercial development at relatively similar size and scale and on similar lot sizes and patterns of development. The location, access, density, size, and type of use proposed as a part of the Tentative Parcel Map are compatible with the existing and future land uses in the surrounding neighborhood as a large portion of the surrounding area share the same zoning designation (properties to the north, east, and west are all zoned and designated by the General Plan as General Commercial). The Project site is approximately 3.74 acres, is relatively flat, and can accommodate the amount of lots proposed for the site.
4. That the site is physically suitable for the proposed density of development The granting of the Tentative Parcel Map would not violate the requirements, goals, policies, or intent of the 2012 General Plan. The Project is consistent with the intensity as outlined in the General Plan, and with the underlying zoning district which regulates required setbacks, off-street parking, landscaping, building height, and other regulatory requirements in the Escondido Zoning Code. Granting of the Conditional Use Permit for Parcel would entail conformance of the Project design with off-street parking as it would allow for a reduction in required standard parking spaces on Parcel 4.
5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat
The Project site has been thoroughly analyzed for applicable environmental impacts related to this proposed development (State Clearinghouse #2024071028). No special status plant or animal species were discovered on the Project site during the preparation of the Project’s biological technical report. Impacts to vegetation communities, and nesting birds, and mitigation measures have been proposed in the Final IS/MND to reduce these impacts to a less than significant level. Further, the Project site is a previously disturbed and developed parcel wholly surrounded by developed commercial and residential sites.
6. That the design of the subdivision or the type of improvements is not likely to cause serious public health concerns
The design of the map and the type of improvements are not likely to cause serious public health problems in that all necessary public facilities and services are in place or can be extended to serve the Project, which comes with support from providers of fire, sewer, water, and school services, indicating that existing facilities are available to service the Project. The Project’s proposed street alignment, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rightsof-way; traffic and emergency access; and grading were all reviewed for compliance to relevant City policies and codes and determined they meet or exceed such standards as designed. 488
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7. That the design of the subdivision or the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision
The map design and type of improvements would not conflict with easements of record, or easements established through court judgement or acquired by the population at large, for access through, or use of property within the proposed map. All easements identified in the preliminary title report for the subject property are shown on the proposed Tentative Parcel Map. No conflicts with easement of record have been identified.
8. All permits and approvals applicable to the proposed Tentative Map pursuant to Chapter 33 of Escondido Municipal Code have been obtained
All permits and approvals applicable to the proposed Tentative Map pursuant to Chapter 33 of the Municipal Code will be obtained with concurrent approval of this Tentative Map, or conditions of approval have been proposed to ensure they will be obtained. The Project has been conditioned to require several permits necessary to construct the Project as proposed, including grading, landscape, building, and encroachment permits form the City of Escondido.
9. All applicable requirements of the Map Act and any ordinance of the City of Escondido regulating or otherwise relating to the conversion of existing buildings into condominiums or stock cooperatives have been satisfied
The proposed Project is a Tentative Parcel Map for the subdivision of real property for commercial uses. The Project does not include conversion of existing buildings into condominiums or stock cooperative. All applicable requirements of the Map Act and any ordinance of the City of Escondido have been satisfied.
The Project’s proposed street alignment, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; traffic and emergency access; and grading were all reviewed for compliance with relevant City policies and codes and determined they meet or exceed such standards as designed.
The Project site is currently zoned General Commercial (C-G) and the proposed Project design was reviewed by the City’s Staff Development Committee (“SDC”) for compliance with City standards, development regulations, and policies, including the Escondido Zoning Ordinance.
The Project as proposed and depicted on Exhibit “D” of Resolution No. 2024-164 was determined to be in accordance with the requirements of Chapter 33 by the SDC which includes, but is not limited to, requirements surrounding land use, building setbacks, height, lot coverage, floor area ratio, landscaping, parking required, parking stall design and standards, noise, circulation dimensions, access, etc.
489
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Exhibit “E”