Agenda packet — Escondido City Council, November 20, 2024 (part 4 of 5)

10. The proposed Tentative Map shall be in conformity with the zone in which it is located. To the extent that the property, which is subject of the proposed Tentative Map, is an existing legal nonconforming multi-family residential use, this requirement shall not apply, in accordance with Chapter 33 of this code.

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.

Non-Emergency Demolition Findings (Section 33-803 (c) of Article 40 – Historical Resources of the Escondido Zoning Code)
With respect to the Non-Emergency Demolition Permit, the City Council makes the following findings for approval:

1. That the City of Escondido's inventory of significant historical resources is not diminished by the demolition of the subject resource, and that there remains in the community a like resource, i.e., use, site, architectural style, or example of an architect's work; The 503 West Mission Avenue building possesses characteristics of the Googie style and is eligible for designation under CRHR Criterion 3 and City of Escondido Criterion 2, as it possesses distinguishing characteristics of the Googie style. While the Escondido Historic Context Statement does not mention whether Googie-style buildings are common in Escondido, field research identified several examples of Googie-style architecture close to the 503 West Mission Avenue building. The document titled “Escondido’s Marvelous Mid-Centuries: 1945-1969” prepared by the City of Escondido in 2016 mentions that the existing Denny’s building addressed at 510 Mission Avenue and located across the street from 503 West Mission Avenue, was constructed between 1953 and 1964 and is an excellent example of a Mid-Century, Googie-style commercial building.

Two other Googie-style buildings and one sign located at 810 North Broadway, constructed between 1953 and 1964; 2680 South Escondido Boulevard, constructed in 1969; and the northwest corner of West Mission Avenue and North Escondido Boulevard, erected between 1967 and 1978. Because the 503 West Mission Avenue building is among several examples of the Googie style in the city possessing distinguishing features of the architectural style, its demolition will not diminish the City of Escondido inventory of significant historical resources.

2. That all feasible economic and physical alternatives to demolition have been evaluated, and that the applicant has shown that there is no alternative left to pursue, other than demolition;
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The proposed project includes the subdivision of a 3.74-acre property into four parcels, and the development of three drive-through restaurants. To develop the fast-food restaurant and drivethrough component on the northeast portion of the site (Parcel 2; proposed Starbucks), the existing 2,400 square foot vacant restaurant building needs to be demolished. The structure has retained its integrity of location, design, materials, and workmanship. It is important to note that integrity is not the same as condition. Integrity directly relates to the presence or absence of historic materials and character-defining features, while condition relates to the relative state of physical deterioration of the resource. Based on an evaluation of the building by the applicant’s consultants, the condition of the original materials used to construct the building is generally poor to average. Some windowpanes are missing and have been replaced with compressed wood boards. The paint is peeling off the walls at some places. Much of the exterior wood trim used at the fascia of the roof has been damaged by weather. The condition of the dining areas within the restaurant is average; however, some of the roof boards are missing. The back area of the building, where service areas and the kitchen are located, is in poor condition, mostly due to the damage caused by heat released from cooking and frying. Due to the building’s angled location and proximity to the corner of the lot and public right-of-way, incorporating the existing structure into the design of the project is unworkable and would result in a significant reduction in developable area for the proposed drive-through building. Attempting to move or re-use the structure is impractical and would make the overall project infeasible. Therefore, in compliance with the Historical Structure Assessment prepared (dated July 7, 2022), the Project includes HABS documentation of the building prior to any demolition.

3. That the continued existence of the historical resource is detrimental to the public health, safety and welfare;
The continued existing of the building would continue to result in negative impacts to public health, safety and welfare in that the site has faced a constant breach of the security fencing surrounding the property despite continued efforts to secure the property and repair vandalism, since the restaurant’s closure. The building and grounds have been minimally maintained since the restaurant was closed and have fallen into disrepair, with some of the building and landscape elements removed and/or damaged. Therefore, until this site can be cleared of the structures and despite the ongoing attempts to adequately secure the site, it will continue to serve as an attractive nuisance for trespassers and remain a threat to the public health, safety, and welfare..

4. If the property is approved for demolition, the Historical Society and/or other appropriate historic agency has access to the building to retrieve any historic material, and to provide photo documentation of the resources conducted according to Historic American Building Survey (HABS) specifications
The assessment of the 503 West Mission Avenue building has concluded that the building is eligible for designation on the City of Escondido Register under eligibility Criteria 2 and 5 and the CRHR under eligibility Criterion 3. However, due to its angled location at the corner of the lot, incorporating the existing structure into the design of the project is unworkable and would result 491
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in a significant reduction in developable area for the proposed Starbucks building, which is not consistent with the company’s business model. Attempting to move or re-use the structure is impractical and would make the overall project infeasible. There is no reasonable alternative to pursue, other than demolition. Because the building cannot be incorporated into the design of the project and there are no redesign or relocation alternatives available based upon financial constraints and the requirements necessary to achieve project feasibility, it is recommended that Level I or II HABS documentation (or equivalent) of the building be conducted in order to achieve mitigation by exhausting the research potential of the resource, after which the building could be demolished. The project also would include a condition to identify, and if feasible, salvage distinctive architectural features for potential reuse and/or donation to various historical entities.

The following mitigation measure is recommended to reduce impacts to less than a significant level.

MM-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 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.

Therefore, with implementation of mitigation measure MM-CUL-1 and with the substantial evidence presented as part of the IS/MND, access to the building to retrieve any historic material, provisions to provide photo documentation of the resources conducted according to Historic American Building Survey (HABS) specifications would occur.

5. The applicant shall have, or will have a plot plan or development plan approved by the city prior issuance of a demolition permit.

The applicant will have an approved development plan consisting of a Tentative Parcel Map, three Conditional Use Permits and Design Review Permit, (City File Nos. PL24-0058, PL22-0396, PL22-0397 and PL22-0398) considered and approved by the City Council at a noticed public hearing with the approval of the Non-Emergency Demolition Permit prior to issuance of a demolition permit for the building. Appropriate CEQA review and public notice have also been conducted.
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Design Review Permit Findings (Section 33-1359 of Article 64 – Design Review of the Escondido Zoning Code)
With respect to Planning Case No. PL24-0198, the City Council makes the following findings for approval:

1. 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 site plan design ensures the drive-through aisles for the new drive-through facilities will not spillover into surrounding parcels, and ensures unimpeded circulation for the individual parcels.

Parcels 2 and 4 each contain dual-lane drive-throughs designed to accommodate up to 22 and 19 vehicles in the queueing lane, respectively. The Project does not include extensive grading and will remain relatively flat.

2. The bulk, scale, and architectural design of the proposed structure are compatible with the character of the surrounding neighborhood.

The Project site ls located in a commercial corridor of the City, specifically at the intersection of W Mission Avenue and Centre City Parkway. This area of the City is primarily comprised of commercial uses, and industrial uses further west down W Mission Avenue. The proposed buildings range between 19’-0” and 21’-0” in height, and buildings ranging from 1,460 square-feet to 2,350 square-feet. The bulk and scale of the proposed buildings is consistent with the surrounding neighborhood which is comprised of mainly commercial uses and one-story buildings, with exception of the existing hotel located on site which is a two-story structure. The proposed buildings’ contemporary architectural designs are consistent with the development located across Centre City Parkway which is comprised of contemporary designed multi-tenant buildings including a drive-through use.

3. 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 Project includes approximately fifty (50) trees as shown on the preliminary landscape plans, and includes a number of street trees. The Project retains existing mature palm trees by relocating them elsewhere onsite. The drive-through aisles are screened through a combination of heavy landscaping, and 3’-0” decorative screen walls. Adequate landscape buffering is provided at all frontage areas and include required planters to Zoning Code specific dimensions. Conceptual landscape plans included under Exhibit “D” show preliminary compliance with Article 62 (Water Efficient Landscape Regulations) which will be verified during the landscape plan check permitting process subsequent to entitlement approval.
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4. All grading related to the project is in conformance to design standards set by Article 55, Grading and Erosion Control.

The Project does not require significant on-site grading as the site is a previously disturbed and developed site. The proposed grading is in conformance with the design standards outlined in Article 55, Grading and Erosion Control.

5. 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 project site is not located within any specific planning area or overlay zone. The City does not have specific design standards for commercial developments when located outside of a specific plan or overlay zone; however, the Project was reviewed by the City Staff Design Review for conformance with Section 33-1357 (Design Review Standards) of Article 64 (Design Review).

As discussed in the Planning Commission staff report, dated October 08, 2024, the cohesive architecture of the proposed buildings complements one another in shape, size, and bulk, and includes a mix of limited materials ranging from stucco to composite vertical siding in subtle earthtone color varieties. The use of similar materials, along with similar massing and scale, across the three proposed buildings achieves a harmonious relationship between the three sites.

6. The project is consistent with the goals and objectives on the city general plan.

As discussed in the Planning Commission staff report, dated October 08, 2024, the Project is consistent with several goals and policies outlined in the City’s 2012 General Plan. The Project is consistent with the CG land use designation, and the underlying zoning of G-C. The Project complies with the following General Plan Policies:

Commercial Land Use Policy 8.11: Allow drive through facilities subject to the mitigation of identified air quality, traffic safety, and visual impacts based on appropriate studies submitted to the satisfaction of the city prior to approval.

The Project is required to construct frontage improvements along Mission Avenue and Centre City Parkway, in addition to a signalized left turn pocket within the existing landscaped median per City Engineering Design Standards. These frontage and signalization improvements would ensure conformance with City requirements adopted for the purposes of compliance with the General Plan’s Mobility and Infrastructure chapter.

Furthermore, the proposed Project’s visual changes would be minimal due to consistency in design, height, and architecture of surrounding developments. The Project site is currently developed with a two-story hotel that spans the majority of the site’s width; an existing singlestory commercial building at the northeastern corner of the site; a pool, tennis court, and ancillary fencing for the recreation uses at the southeastern corner of the site; and paved circulation areas throughout the site designed for parking and egress/ingress. The proposed Project entails 494
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retention of the existing hotel and construction of three new buildings similar in height to the existing commercial building and smaller in scale and massing than the existing hotel.

Improvements to pedestrian features, landscaping on- and off-site, as well as intervening block walls to shield vehicles in queue would all ensure no adverse visual impacts occur.

Employment Acreage Policy 1.4: Promote quality economic development that fosters job availability, economic revitalization, and tax revenues.

The Project would redevelop an existing vacant building, and revitalize an existing parcel that is underutilized. The size of the parcel accommodates the proposed development, and will would revitalize the corner of Mission Avenue and Centre City Parkway with improved landscaping, new buildings, and uses compatible with the surrounding area. Patrons of the existing hotel would now have immediate access to dining facilities via the accessible access across the internal drive aisle that runs parallel to Parcel 1.

Conditional Use Permit Findings (Section 33-1203 of Article 61 – Administration and Enforcement of the Escondido Zoning Code)
A. With respect to Planning Case No. PL24-0057 (Parcel 2), the City Council makes the following findings for approval:

1. 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 on-site and offsite improvements. The new drive-through facility conforms to the requirements of the underlying zoning district, and furthermore, the Project meets the requirements for new drive-through facilities as outlined in Article 16, as described in the Planning Commission Staff Report dated October 8, 2024. The existing building will be demolished, and revitalize the Centre City Parkway corridor with an auto-oriented use that complements the surrounding commercial developments.

The Project site is a previously disturbed and developed parcel wholly surrounded by developed commercial and residential sites.

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.

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2. 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 The Project was analyzed for its potential impacts to the environment as required by the California Environmental Quality Act. Based on the analysis contained within the Initial Study/Mitigated Negative Declaration (“IS/MND”), the Project with mitigation measures incorporated will 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, as described in the Planning Commission Staff Report dated October 8, 2024. The Project will demolish an existing vacant building that has been subject to vandalism, and neglect. A Noise Study (dated February 22, 2024, revised June 17, 2024) conducted for the IS/MND found that the Project would not be detrimental towards surrounding properties, including the multi-family uses to the south (approximately 175 feet and 62 feet to the project’s southern property line).

3. 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 at the intersection of W Mission Avenue and Centre City Parkway (“CCP”). Mission Avenue and Centre City Parkway are two large commercial arterials that run east/west and north/south, respectively. There is no adopted area plan for the area; however, properties south on Centre City Parkway are within the Downtown Specific Plan. The properties along Centre City Parkway tend to be auto-oriented uses due to the historical use of CCP as the former 395 highway that was constructed and maintained by Caltrans. The granting of the Conditional Use Permit is consistent with the historical use of CCP as an auto-oriented thoroughfare and would be consistent with surrounding patterns of development within the area.

The most recent includes an auto-oriented set of commercial uses directly across CCP to the east of the Project site.

B. With respect to Planning Case No. PL22-0397 (Parcel 3), the City Council makes the following findings for approval:

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October 8, 2024. The existing building will be demolished, and revitalize the Centre City Parkway corridor with an auto-oriented use that complements the surrounding commercial developments.

The Project site is a previously disturbed and developed parcel wholly surrounded by developed commercial and residential sites.

3. 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 at the intersection of W Mission Avenue and Centre City Parkway (“CCP”). Mission Avenue and CCP are two large commercial arterials that run east/west and north/south, respectively. There is no adopted area plan for the area; however, properties south on Centre City Parkway are within the Downtown Specific Plan. The properties along Centre City Parkway tend to be auto-oriented uses due to the historical use of CCP as the former 395 highway that was constructed and maintained by Caltrans. The granting of the Conditional Use Permit is consistent with the historical use of CCP as an auto-oriented thoroughfare and would be 497
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consistent with surrounding patterns of development within the area. The most recent includes an auto-oriented set of commercial uses directly across CCP to the east of the Project site.

C. With respect to Planning Case No. PL22-0398 (Parcel 4), the City Council makes the following findings for approval:

The reduction in the required-off street parking will allow the applicant to make efficient use of the site through the utilization of compact spaces while continuing to provide 20 off-street parking spaces. Reduction in such spaces is suitable for the use proposed on site as it is a free-standing drive-through commercial use that includes nine additional compact spaces in addition to the 11 standard stalls. The new drive-through facility conforms to the requirements of the underlying zoning district, and furthermore, the Project meets the requirements for new drive-through facilities as outlined in Article 16 with exception of required parking. However, granting of this Conditional Use Permit would include permitting a reduction in the required on-site standard parking stalls for Parcel 4. The proposed design would include nine additional compact stalls to offset impacts to the loss of nine standard stalls. The existing building will be demolished, and revitalize the Centre City Parkway corridor with an auto-oriented use that complements the surrounding commercial developments.

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Negative Declaration (“IS/MND”), the Project with mitigation measures incorporated will 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, as described in the Planning Commission Staff Report dated October 8, 2024. The Project will demolish an existing vacant building that has been subject to vandalism, and neglect. A Noise Study (dated February 22, 2024, revised June 17, 2024) conducted for the IS/MND found that the Project would not be detrimental towards surrounding properties, including the multi-family uses to the south (approximately 175 feet and 62 feet to the project’s southern property line).

3. 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 at the intersection of W Mission Avenue and Centre City Parkway (“CCP”). Mission Avenue and CCP are two large commercial arterials that run east/west and north/south, respectively. There is no adopted area plan for the area; however, properties south on Centre City Parkway are within the Downtown Specific Plan. The properties along Centre City Parkway tend to be auto-oriented uses due to the historical use of CCP as the former 395 highway that was constructed and maintained by Caltrans. The granting of the Conditional Use Permit is consistent with the historical use of CCP as an auto-oriented thoroughfare and would be consistent with surrounding patterns of development within the area. The most recent includes an auto-oriented set of commercial uses directly across CCP to the east of the Project site.
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EXHIBIT “F”

CONDITIONS OF APPROVAL
PLANNING CASE NOS. PL22-0396/PL24-0198
(Tentative Parcel Map, Design Review Permit, Non-Emergency Demolition Permit) This Project is recommended for approval as set forth on the application received by the City of Escondido on March 05, 2024, and the Project drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as conditionally approved on November 20, 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, 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.
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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 postentitlement 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. Such “minor” modifications shall be processed through a substantial conformance process identified by the Planning Division. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.

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

6. Certificate of Occupancy.
a. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required, and any such change in occupancy must comply with all other applicable local and state laws.
b. Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Development Services.
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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 terms conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall be printed on any construction plans that are submitted to the Building Division for plan check processing.

8. Right to Entry. The holder of this Permit shall make the premises available for inspection by City staff during construction or operating hours and allow the investigations of property necessary to ensure that minimum codes, regulations, local ordinances and safety requirements are properly followed. The Applicant shall provide such business records, licenses, and other materials necessary upon request to provide evidence of compliance with the conditions of approval, as well as federal, state, or laws.

9. Compliance with Federal, State, and Local Laws. Nothing in this Permit shall relieve the Applicant from complying with conditions, performance standards, and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. (Permits from other agencies may be required as specified in the Permit’s Details of Request.) This Permit does not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building permits are issued unless specifically waived herein.

No part of this Permit’s approval shall be construed to permit a violation of any part of the Escondido Municipal or Zoning Code. During Project construction and after Project completion, the Applicant shall ensure the subject land use 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.
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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. 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.
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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.

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 or owner of the Property, occurring in, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon.

Provided, however, that the Applicant shall have no obligation to indemnify, hold 504
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harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City). b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).
c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.
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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 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.

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 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.
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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.

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. 507
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13. Disturbance Coordinator. The Applicant shall designate and provide a point-of-contact whose responsibilities shall include overseeing the implementation of Project, compliance with Permit terms and conditions, and responding to neighborhood concerns.

14. Construction Waste Reduction, Disposal, and Recycling. Applicant shall recycle or salvage for reuse a minimum of 65% of the non-hazardous construction and demolition waste for residential projects or portions thereof in accordance with either Section 4.408.2, 4.408.3, or 4.408.4 of the California Green Building Standards Code; and/or for non-residential projects or portions thereof in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non-residential construction projects, the Applicant must submit appropriate documentation as described in Section 4.408.5 of the California Green Building Standards Code for residential projects or portions thereof, or Section 5.408.1.4 for non-residential projects or portions thereof, demonstrating compliance with the California Green Building Standards Code sections cited above.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50-horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB-verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) 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.

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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 for disabled persons shall be provided (including “Van Accessible” spaces) in full compliance with the State Building Code.

2. In accordance with the California Green Building Standard Code, at least eight percent of the total number of 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.

3. 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.

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

5. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the Permit approval.

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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. 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:
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1. The applicant shall be responsible for ensuring that all mitigation measures identified in the Mitigation Monitoring and Reporting Program, included as Exhibit “C” to this resolution, are implemented.

F. Specific Fire Department Conditions:

1. All fire protection plans (if applicable) shall be deferred submittals to Escondido Fire.

2. All approved pave access and an approved adequate water supply shall be provided on-site prior to the start of construction.

G. Specific Engineering Division Conditions:

I. GENERAL

1. The applicant shall provide the City Engineer with a current Subdivision Guarantee and Title Report covering all subject properties.

2. The location of all existing on-site and adjacent utilities and drainage facilities shall be determined by the Developer’s engineer. If a conflict occurs with the proposed project or improvements, arrangements for relocation of the conflicting utilities/facilities shall be made with the owner of the utility/facility prior to approval of the Grading and Improvement plans, and Parcel Map. This utility/facility relocation work shall be completed prior to issuance of Building Permits for structures on any pad areas affected.

3. As surety for the construction of 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 either the approval of the Overall Site Grading Plan or recording of the Parcel Map.

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 recording the Parcel Map and/or approval of the Grading and Improvement Plans and issuance of Building Permits. All improvements shall be completed prior to issuance of a Certificate of Occupancy for any of the 3 drive through restaurants.

5. Improvement plans prepared by a Civil Engineer, required for all public street, utility, and storm drain improvements, and Grading/Private Improvement plans prepared by Civil Engineer, required for all 511
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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.

6. The Developer shall submit to the Planning Department a copy of the tentative parcel map and entitlement plan set as presented to the Planning Commission and/or the City Council. The tentative parcel map and entitlement plan sets will be certified by the Planning Department that they are an accurate reproduction of the approved tentative parcel map and entitlements and these together with the complete conditions of approval must be uploaded with the first final engineering submittal to the Engineering Department.

7. No Building Permits shall be issued for any construction within this Project until the Parcel Map is recorded and either:
a) All conditions of the Tentative Parcel Map have been fulfilled: or b) Those conditions unfulfilled at the time of an application for Building Permits have been secured and agreements executed in a form and manner satisfactory to the City Attorney and City Engineer.

8. If site conditions change adjacent to the proposed development prior to completion of the project, the developer will be responsible to modify his/her improvements to accommodate these changes.

The determination and extent of the modification shall be to the satisfaction of the City Engineer.

9. All public improvements shall be constructed in a manner that does not damage existing public improvements. Any damage shall be determined by and corrected to the satisfaction of the City Engineer.

II. STREET IMPROVEMENTS and TRAFFIC

1. Public street and drainage improvements shall be constructed to City Standards as required by the Subdivision Ordinance to the satisfaction of the City Engineer prior to first occupancy. Final Engineering design shall substantially conform to the Approved Entitlement Plan set while providing construction detail and the profiles for all street improvements concrete curb and gutters, public utilities, and drainage to the satisfaction of the City Engineer.

2. Improvement plans prepared by a Civil Engineer are required for all public street, traffic, drainage, and utility improvements.

3. Prior to first occupancy, the Developer shall construct street improvements and widening, including but not limited to, concrete curb, gutter, street lights, street trees, paving and base on the following streets adjoining the project boundary:

STREET CLASSIFICATION
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Centre City Pkwy. Modified* Super Major (56’ CL to curb face**) Mission Avenue Super Major (45’ CL to curb face)
See appropriate typical sections in the current Escondido Design Standards for additional details. (* Centre City Pkwy. has an extra wide planted median and 6 thru travel lanes) (**This 56’ does not include the project’s 12’ wide right turn pocket and deceleration lane across Parcels 2 and 3).

4. The Developer shall reconstruct the sweeping right turn pocket at the project corner of Centre City Parkway and Mission Avenue at a minimum of 20’ width curb to curb and with an inside radius of 100 feet and be tangent to a line 56’ west of and parallel with Centre City Parkway and the new Mission Avenue curb line. The existing pedestrian ramps for crossing this right turn pocket shall be reconstructed in their new locations to current standards.

5. The Developer shall design and construct the project’s new ingress and egress access off of Centre City Parkway located between Parcel 3 and Parcel 4 at a minimum of 36 feet wide with concrete curb and gutter (2 in-bound lanes and 1 out-bound lane) and with 28-foot minimum radius curb returns and concrete cross gutters and spandrels at each end of this shared access drive. This new Centre City Parkway ingress and egress access shall be designed to accommodate right and left turns into the project and designed to only allow right turns back out onto southbound Centre City Parkway.

6. The Developer shall design and construct a minimum 12-foot-wide paved north bound left turn pocket into the Centre City Parkway landscaped median with a minimum 16-foot width and minimum inside radius of 30 feet in the turn area and in a configuration that prevents any left turns back out onto north bound Centre City Parkway. Additional signage shall be added on the project frontage at this new egress and opposite in the Centre City Parkway median that clearly advises drivers that all traffic lanes available to them are southbound and no outbound left turns are allowed.

7. The Developer shall design and construct a minimum 12-foot-wide deceleration and dedicated right turn lane across the frontage of Parcels 2 and 3 for right turns into the project’s new ingress access off of Centre City Parkway.

8. Prior to any use of the above new ingress and egress access off of Centre City Parkway and issuance of occupancy for any of the 3 new restaurants within the project, the Developer shall construct and have in operation a new traffic signal at this new ingress and egress access to Centre City Parkway.

This new traffic signal shall be connected to and fully coordinated with the existing traffic signal at the intersection of Centre City Parkway and Mission Avenue.

9. The Developer shall submit a separate traffic signal and striping and signage improvement plans prepared by a Traffic Engineer for this new access to Centre City Parkway including interconnecting conduits to and any necessary modifications of the existing traffic signal at the Centre City Parkway and Mission Avenue intersection needed for coordination, all for review and approval by the City Engineer. This traffic signal shall be designed and constructed/installed per current City, Caltrans, and CaMUTCD Standards and shall include APS and video detection equipment. The Developer’s 513
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Traffic Engineer will also be responsible for all new timing plans and coordinating traffic signal work with the Developer’s Contractor(s) and Equipment Suppliers and City staff.

10. The Mission Avenue widening shall transition to the existing curb line to the west beginning at or west of the new project entrance alley-type driveway apron curb return. This Mission Ave. new curb transition design shall substantially conform to the Approved Entitlement Plan set

11. The project’s new entrance off of Mission Avenue shall be improved with an alley-type driveway apron in accordance with Escondido Standard Drawing No. G-5-E with a minimum throat width of 24 feet.

12. Sidewalk construction along Mission Avenue and into the sweeping right turn lane at Centre City Pkwy shall be contiguous to the curb in accordance with current Escondido Design Standards, but the sidewalk along Centre City Parkway across the frontage of Parcels 2 and 3 will be allowed to be noncontiguous and may be constructed as “Green Street” storm water treatment areas subject to the approval of the City Engineer. The Developer shall grade for a future 5’ wide non-contiguous sidewalk across Parcel 4 in the Centre City Parkway right-of-way.

13. The Developer’s engineer shall prepare and submit for approval by the City Engineer a complete final Signing and Striping plan for all improved roadways. The Developer will be responsible for removal of all existing and construction of all new signing and striping in compliance with current CaMUTCD Standards and to the satisfaction of the City Engineer.

14. The address of each business shall be posted in such a manner that the address is visible from the street. In both cases, the address shall be placed in a manner and location approved by the City Engineer and Fire Marshal.

15. The Developer will be required to provide a detailed detour and traffic control plan, for all construction within existing rights-of-way, to the satisfaction of the City Engineer. This plan shall be approved prior the issuance of an Encroachment Permit for any construction or potholing within the public right-of-way.

16. Adequate horizontal sight distance shall be provided at all project entrances. Increased parkway widths, open space easements, and restrictions on landscaping shall be provided for adequate sight distance and subject to approval of the City Engineer.

17. The Developer is required to design, furnish and install LED street lighting per Escondido Standard Drawing E-1-E at the project entrances and in accordance with the City Design Standards and the requirements of the City Engineer.

18. Private street lighting is required on all on-site shared private drives. It shall be the responsibility of Property Owners to adequately maintain the street lighting system and such maintenance responsibility shall be clearly stated in an Agreement of Covenants, Conditions, Restrictions, and Grant of Easements.
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19. The Developer shall design and construct pedestrian access routes meeting current ADA requirements into and connecting through the project to the satisfaction of the City Engineer and City Building Official.

20. All private onsite access roads, drive aisles, and parking areas shall be paved with a minimum of 3” asphalt concrete over 6” of aggregate base or a minimum of 5.5” Portland cement concrete over 6” aggregate base. All drive through lanes shall be paved with Portland cement concrete. The maintenance responsibility of all shared/joint use private access roads, drive aisles, and parking areas shall be clearly stated in an Agreement of Covenants, Conditions, Restrictions and Grant of Easements.

21. All driveway grades shall conform to current Escondido Design Standards and Escondido Standard Drawings.

III. GRADING

1. An Overall Site Grading and Erosion Control plan prepared by a registered Civil Engineer shall be approved or ready for approval by the Engineering Department prior to recording the parcel map.

This overall site grading plan shall include all shared onsite private access and drainage improvements serving the project and the existing the motel parcel behind. The first submittal of the Overall Site Grading plan shall be accompanied by a copy of the preliminary soils and geotechnical report. The Soils Engineer will be required to indicate in the soils report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.

2. Precise Grading plans covering a particular parcel/pad shall be approved prior to issuance of any building permits for that parcel/pad. Precise Grading plans covering all parcels/pads or an individual parcel/pad may be submitted for approval.

3. Any proposed retaining walls not a part of the building foundations or stem walls shall be shown on and permitted as part of the Overall Site Grading plan. Profiles and structural details shall be shown on the site grading plan and the Soils Engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in the Geotechnical report. Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered by Regional or City Standard Drawings. The Developer will be required to pay for all required third party structural engineering review of these structural calculations and details. Stem walls, foundation structures, or deepened footings that are to be constructed as part of a building structure will be permitted as part of the Building Department plan review and Building Permit process.

4. 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. 515
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5. 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.

6. A Construction General Permit is required from the State Water Resources Control Board for all storm water discharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of one or more acres.

7. The Developer will be required to obtain permission from adjoining property owners for any off-site grading and slopes necessary to construct the project and/or the required improvements.

IV. DRAINAGE

1. Final on-site and off-site storm drain improvements shall be determined to the satisfaction of the City Engineer and shall be based on a 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. The Developer shall extend a 24” public storm drain pipe north along the side of Centre City Parkway approximately 340 feet from an existing offsite public storm drain facility and into the project site so that the project is exempt from hydromodification requirements by continuous hardened connection to the “Exempt” Escondido Creek channel.

3. The project shall limit peak drainage flows to their pre-construction rates. Details and calculations for this retention and attenuation shall be submitted and approved as part of the Drainage Study submittal and review.

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, and storage volumes. The SWQMP shall include detailed maintenance requirements and responsibilities for all onsite conveyance, diversion, treatment, and bio-retention facilities. The SWQMP shall demonstrate how any proposed proprietary best management practices 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. 516
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7. The Developer will be required to have the current owner(s) of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement. A copy of this recorded Agreement will need to be included in the Agreement of Covenants, Conditions, Restrictions and Grant of Easements.

8. All on-site storm drains and stormwater treatment facilities are considered private. The responsibility for maintenance of these storm drains, storm water treatment facilities and any “Green Street” facilities constructed in the right-of-way to treat the street improvements required of project shall be that of the Property Owner(s). Provisions clearly dictating this responsibility shall be included in the approved Storm Water Quality Management Plan and ultimately be contained within a recorded Agreement of Covenants, Conditions, Restrictions and Grant of Easements.

9. The Developer’s engineer shall design and the Developer shall construct any permeable surfaces proposed for the project to the specifications of the County of San Diego Green Streets manual in effect at the time the grading permits are issued. All permeable surfaces within the project footprint that are subject to vehicular traffic shall be designed for H20 loading.

10. The Property Owner(s) shall perpetually maintain all permeable surfaces in accordance to the standards established by the County of San Diego Green Streets manual in effect at the time the grading permits are issued. City shall have the right to inspect all permeable surfaces as needed to ensure they function as designed. City shall have the right to require qualified third-party testing at the property owner’s expense when surface failure is suspected. Contractor qualifications are outlined in the County of SD Green Streets manual. The Property Owner(s) will be required to repair or reinstall the permeable surface for all failing surfaces to County of SD Green Streets manual standards in place at the time of the grading permit. In the event of failure to maintain the permeable pavers system that result in not functioning as designed, the project owner will be responsible to replace the pervious pavers system with an alternate method of storm water treatment system or will be required to transition the project to a priority storm water development project by complying with the applicable requirements, including development of a Storm Water Quality Management Plan and the installation of structural best management practices.

V. WATER SUPPLY

1. The Developer is required at their sole expense to design and construct a looped 8-inch public water main within the project. This 8-inch diameter water main shall connect to the existing 12-inch main in Centre City Parkway and shall extend west into the project within the proposed new access off Centre City Parkway and with a 90-degree bend shall then extend north within the shared private access drive within Parcel 1 and complete the loop by connecting to the existing 8-inch water main in Mission Avenue. Any Fire hydrants, RPDA(s), and FDC(s), if required by Fire or Building Code, together with an adequate water supply shall be installed off this required looped water main at locations approved by the Fire Marshall. Fire hydrants and fire service lines shall connect to a minimum 8-inch diameter water main.
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2. The final locations and sizing of all required water mains, water services, fire hydrants, detector check assemblies, and other water appurtenances shall be designed and installed to the satisfaction of the Director of Utilities and the Fire Marshal.

3. Any Fire suppression and sprinkler systems (if required by Fire or Building Code) beyond the Detector Check Valves are private and shall be designed and constructed per current Building, Plumbing, and Fire Code Standards, and per the requirements of the City Fire Marshal and City Building Official and shall be approved by a separate submittal to the Building Department. Although private and approved by separate plans and permit, all fire suppression lines shall be shown for reference and review on the various final engineering plan sets.

4. All on-site water lines and backflow prevention devices beyond the City water meter or a DDCA shall be considered a private water system. The Property Owner(s) shall be responsible for all maintenance of these private 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 for each legal parcel. Water meters and backflow prevention devices shall not be installed within a driveway apron or within paved private drive areas.

6. No trees or deep-rooted bushes shall be planted within 10-feet of any water mains.

7. There shall be no permanent structures located within the City’s Public Utility Easements.

8. All public water mains shall be located under asphalt or concrete pavement and not under curbs, gutters, medians or sidewalks.

9. Improvement plans and associated design calculations for all proposed water mains and appurtenances shall be prepared by a Civil Engineer and shall be submitted for review through the virtual plan review portal together with the rest of the final engineering submittals.

10. Any water services to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the public water meter to the satisfaction of the Director of Utilities and the Water Distribution Department.

11. Any fire hydrants to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the fire hydrant per the satisfaction of the Director of Utilities and the Water Distribution Department.

12. 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 the Water Distribution Department.

VI. SEWER
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1. The Developer is required at their sole expense to design and construct an 8-inch PVC sewer main into the project. This sewer main shall connect with a manhole to the existing 27-inch trunk sewer main located in Centre City Parkway and shall extend westerly within and the length of the project’s proposed new access road off Centre City Parkway and shall terminate with a manhole.

2. A private 6-inch minimum PVC sewer lateral with a standard clean-out within 18-inches of the Public Utility Easement or public right-of-way shall be designed and constructed for each legal lot on the Improvement plans and shall be shown on the Grading plans. All sewer laterals shall be constructed per current City of Escondido Design Standards and Standard Drawings and per the current Uniform Plumbing Code for the portion outside of the public right-of-way or Public Utility Easement.

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(s) shall be responsible for all maintenance of sewer laterals to the public sewer main.

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

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

7. 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 Engineer and the City Inspector.

VII. LANDSCAPE

1. Project Landscaping and Irrigation plan(s) shall be submitted to the Engineering Department with the second submittal of the overall site grading plans for approval by the Planning, Engineering, and Fire Departments. The initial submittal of the landscape plans shall include the required Planning Department Review fees in effect at the time of the submittal.

2. The Developer shall install permanent landscaping and irrigation both onsite as well as along the project’s Centre City Parkway and Mission Avenue right-of-way frontages to the satisfaction of the Director of Development Services. The maintenance responsibility of all landscaping and irrigation within the project and within the public right-of-way along the project frontages shall be clearly stated in a recorded Agreement of Covenants, Conditions, Restrictions and Grant of Easements.

VIII. PARCEL MAP - EASEMENTS AND DEDICATIONS

1. All easements, both private and public, existing and proposed, affecting subject property shall be shown and delineated on the Parcel Map and all project final engineering plans. 519
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2. The Developer shall dedicate on the Parcel Map additional public right-of-way on the following street adjacent to the project to bring it to the indicated classification.

STREET CLASSIFICATION
Mission Avenue Super Major (55’ – CL to new R/W line)

3. The Developer shall also dedicate on the Parcel Map additional public right-of-way along the reconstructed sweeping right turn pocket at the project corner of Centre City Parkway and Mission Avenue as needed to maintain adequate right-of-way behind the new sidewalk location.

4. Public Utility Easements shall be granted to the City of Escondido on the Parcel Map for the proposed extension of public water and sewer mains into and through the project. The minimum public utility easement width shall be 20’-0” for a single utility and 24’ for areas with public sewer and water mains. In addition, Public Utility Easement pop-outs not less than 5’ x 5’ shall be granted to the City for all fire hydrants, water meters and other public water appurtenance locations off to the side.

5. In conjunction with the Project’s proposed new ingress and egress access road off of Centre City Parkway, the Developer will need the City Council to authorize and grant the abutter’s access rights to Centre City Parkway that were previously acquired by the State of California in 1948. These were previously purchased by the State and subsequently relinquished to the City in the late 1970s. In 2017, in conjunction with a similar project across Centre City Parkway, these abutter’s access rights were determined to be worth $43,500. A City Council Resolution authorizing the payment of this same $43,500 for grant of abutter’s access rights to Centre City Parkway for this project shall be processed and paid before recordation of the Parcel Map and approval of plans for this new access to Centre City Parkway. The location of this grant of access shall be plotted on the Parcel Map and shall be limited to the width of the project’s new ingress and egress access location. All other abutter’s access rights shall remain relinquished to the City and so noted on the Parcel Map.

6. The Developer shall either grant easements or otherwise provide rights for private access and private utilities to the benefit of Parcels 2, 3, 4 (a minimum of 24’ width) across Parcel 1. If these private easement areas are to be granted and plottable they shall be plotted and identified on the Parcel Map and noted to be granted upon subsequent transfer of title. These private access and private utility rights together with any shared parking arrangements may instead be included in the Agreement of Covenants, Conditions, Restrictions and Grant of Easements which shall be then referenced on the Parcel Map.

7. The Developer shall grant private drainage easements and rights benefiting the individual parcels as needed for all proposed private drainage and stormwater pipes, ditches, and facilities that provide drainage connection to the public storm drain within the recorded Agreement of Covenants, Conditions, Restrictions and Grant of Easements document. .

8. 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 520
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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.

IX. FEES and CASH CLEAN-UP DEPOSITS

1. A cash security deposit satisfactory to the City Engineer shall be posted to pay any costs incurred by the City for cleanup or damage caused by erosion of any type, related to project grading. Any moneys used by the City for cleanup or damage will be drawn from this security. The remaining portion of this cleanup security shall be released upon final acceptance of the grading for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading work up to a maximum of $40,000, unless a higher amount is deemed necessary by the City Engineer. The balance of the grading work shall be secured by performance bonds or such other security as may be approved by the City Engineer and City Attorney.

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.

X. AGREEMENT OF COVENANTS, CONDITIONS, RESTRICTIONS, AND GRANT OF EASEMENTS

1. Copies of a Agreement of Covenants, Conditions, Restrictions and Grant of Easements with all Exhibits shall be submitted to the Engineering Department and Planning Department for approval prior to approval of the Parcel Map. This City approved Agreement of Covenants, Conditions, Restrictions and Grant of Easements with all Exhibits shall be executed and recorded prior to the Parcel Map so its recording information can be referenced on the Parcel Map.

2. The Developer shall include provisions in the Agreement of Covenants, Conditions, Restrictions and Grant of Easements designating maintenance responsibilities to the Property Owner(s) for all private roadways, driveways, parking areas, private utilities (including sewer and water), utility and basin access, all storm water treatment facilities and basins, drainage swales, private street lighting, private storm drains, any common open spaces, and all the landscaping, irrigation, walls, and fences identified in the Landscape Section of these Engineering Conditions of Approval. These provisions must be included, reviewed and approved by the Engineering and Planning Departments prior to approval of the Parcel Map.

3. The Agreement of Covenants, Conditions, Restrictions, and Grant of Easements must state that the Property Owner(s) assumes liability for damage and repair of City utilities in the event that damage is caused by an individual owner when repair or replacement of private utilities is done.

4. The Agreement of Covenants, Conditions, Restrictions and Grant of Easements must state that (if stamped concrete or pavers are used in the private street) the Property Owner(s) is responsible for 521
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replacing the stamped concrete or pavers in-kind if the City has to trench the private roadway for repair or replacement of a public utility.

5. The Agreement of Covenants, Conditions, Restrictions and Grant of Easements shall reference the recorded Storm Water Control Facility Maintenance Agreement and the approved Storm Water Quality Management Plan (SWQMP) for the project.

6. The Agreement of Covenants, Conditions, Restrictions and Grant of Easements, must contain provisions for any proposed share parking or parking restrictions and who will be responsible to manage and enforce any parking restrictions in these areas.

XI. UTILITY UNDERGROUNDING AND RELOCATION

1. The Developer shall sign a written agreement stating that he/she has made all such arrangements as may be necessary to coordinate and provide utility construction, relocation and undergrounding. All new utilities shall be constructed underground.
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Exhibit “G”

CONDITIONS OF APPROVAL
PLANNING CASE NOS. PL24-0057
(Conditional Use Permit)
Parcel 2 of Tentative Parcel Map
This Project is recommended for approval as set forth on the application received by the City of Escondido on March 05, 2024, and the Project drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as conditionally approved on November 20, 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:

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inspection shall be documented on a form and content satisfactory to the Director of Development Services.

7. Availability of Permit Conditions.
a. Prior to Certificate of Occupancy 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 terms conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall be printed on any construction plans that are submitted to the Building Division for plan check processing.

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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.

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 increase after the date of this approval, the Applicant shall be responsible for the increase.
b. For more information on filing fees, please refer to the County Clerk’s Office and/or the California Code of Regulations, Title 14, Section 753.5.

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Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City). b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).
c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.
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16. Phasing. A phasing plan shall be submitted for all projects which include more than one building.

B. Construction, Maintenance, and Operation Obligations:

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

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.

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.

There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

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16. Phasing. A phasing plan shall be submitted for all projects which include more than one building.

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C. Parking and Loading/Unloading.

1. A minimum of 20 parking spaces shall be provided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided 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, at least eight percent of the total number of 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.

1. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation shall be provided for all landscape areas and be maintained in a fully operational condition.

4. The landscaped areas shall be free of all foreign matter, weeds and plant material not approved as part of the landscape plan.
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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 of the grading plan. The initial submittal of the landscape plans shall include the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also be required.) The landscape and irrigation plans shall be reviewed and approved by the Planning Division and Engineering Services 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. 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 533
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to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions.

E. Specific Planning Division Conditions:

2. The applicant shall ensure that the loading zones for the parcel are only utilized during off-peak hours, or during non-operation times for the use. The applicant shall accomplish this through a provision in the CC&Rs, or other method, as determined by the Director of Development Services.

F. Specific Fire Department Conditions:

1. All fire protection plans (if applicable) shall be deferred submittals to Escondido Fire.

2. All approved pave access and an approved adequate water supply shall be provided on-site prior to the start of construction.

G. Specific Engineering Division Conditions: Refer to the Engineering Conditions of Approval detailed under Planning Case Nos. PL22-0396/PL24-0198 for this Conditional Use Permit. 534
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EXHIBIT “H”
PLANNING CASE NOs. PL22-0397
(Conditional Use Permit)
(Parcel 3 of Tentative Parcel Map)
This Project is recommended for approval as set forth on the application received by the City of Escondido on March 05, 2024, and the Project drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as conditionally approved on November 20, 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:

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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.

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.
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.

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indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).
b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).
c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.
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16. Phasing. A phasing plan shall be submitted for all projects which include more than one building.

B. Construction, Maintenance, and Operation Obligations:

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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.

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.

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.

There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

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16. Phasing. A phasing plan shall be submitted for all projects which include more than one building.

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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.

2. Parking for disabled persons shall be provided (including “Van Accessible” spaces) in full compliance with the State Building Code.

1. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation shall be provided for all landscape areas and be maintained in a fully operational condition.

4. The landscaped areas shall be free of all foreign matter, weeds and plant material not approved as part of the landscape plan.
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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 of the grading plan. The initial submittal of the landscape plans shall include the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also be required.) The landscape and irrigation plans shall be reviewed and approved by the Planning Division and Engineering Services 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. 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 545
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to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions.

E. Specific Planning Division Conditions:

2. The applicant shall ensure that the loading zones for the parcel are only utilized during off-peak hours, or during non-operation times for the use. The applicant shall accomplish through a provision in the CC&Rs, or other method, as determined by the Director of Development Services.

F. Specific Fire Department Conditions:

1. All fire protection plans (if applicable) shall be deferred submittals to Escondido Fire.

2. All approved pave access and an approved adequate water supply shall be provided on-site prior to the start of construction.

Specific Engineering Division Conditions: Refer to the Engineering Conditions of Approval detailed under Planning Case No. PL22-0396 for this Conditional Use Permit 546
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EXHIBIT “I”

CONDITIONS OF APPROVAL
PLANNING CASE NOS. PL22-0398
(Conditional Use Permit)
(Parcel 4 of Tentative Parcel Map)
This Project is recommended for approval as set forth on the application received by the City of Escondido on March 05, 2024, and the Project drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as conditionally approved on November 20, 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:

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has been demonstrated a good faith intent to proceed, pursuant to and in accordance with the provision of this Permit.

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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 Certificate of Occupancy 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 terms conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall be printed on any construction plans that are submitted to the Building Division for plan check processing.

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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.

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.
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.

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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.

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Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).
b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).
c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be 552
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construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

16. Phasing. A phasing plan shall be submitted for all projects which include more than one building.

B. Construction, Maintenance, and Operation Obligations:

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

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.

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.

There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.
554
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16. Phasing. A phasing plan shall be submitted for all projects which include more than one building.

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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 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. A minimum of 11 parking spaces shall be provided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided 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.

1. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation shall be provided for all landscape areas and be maintained in a fully operational condition.

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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. 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 557
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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 applicantshall be responsible for ensuring that all mitigation measures identified in the Mitigation Monitoring and Reporting Program, included as Exhibit “C” to this resolution, are implemented.

3. The applicant shall be responsible for installing and maintaining wheel stops for the compact spaces.

Wheel stops shall be shown on subsequent plans for purposes of engineering and/or building permits to the satisfaction of the City Planner or their designee.

F. Specific Fire Department Conditions:

1. All fire protection plans (if applicable) shall be deferred submittals to Escondido Fire.

2. All approved pave access and an approved adequate water supply shall be provided on-site prior to the start of construction.

G. Specific Engineering Division Conditions: Refer to the Engineering Conditions of Approval detailed under Planning Case No. PL22-0396 for this Conditional Use Permit. 558
Item17.

STAFF REPORT
October 8, 2024
PL24-0057, PL22-0396, PL22-0397, PL22-0398, PL24-0198
501 – 503 W Mission Ave / Mission and CCP Drive Through Facilities PROJECT NUMBER / NAME: PL24-0057, PL22-0396, PL22-0397, PL22-0398, PL24-0198 / Mission and CCP Drive Through Facilities
REQUEST: Adopt Resolution No. 2024-17 recommending approval to City Council of a Tentative Parcel Map to allow the subdivision of a 3.74-acre property comprised of two parcels into four parcels; three Conditional Use Permits for drive-through facilities; a Design Review Permit for the construction of the facilities; and a non-emergency demolition of an existing building (over 50 years old) previously occupied by a restaurant use. The project includes ancillary improvements including but not limited to landscaping, frontage and circulation improvements. The request also includes adoption of the environmental document prepared for the project.

PROPERTY SIZE AND LOCATION: The 3.74-acre site is
located on W Mission Avenue and Centre City Parkway
and is addressed at 501 – 503 W Mission Avenue.
(Assessor’s Parcel Number(s): 229-171-30-00 and 229-
171-29-00)
APPLICANT: 503 W Mission LLC
GENERAL PLAN / ZONING: General Commercial (GC)/
General Commercial (C-G)
PRIMARY REPRESENTATIVE: Sally Schifman
DISCRETIONARY ACTIONS REQUESTED: Tentative Parcel Map, Three Conditional Use Permits, Non-Emergency Demolition Permit, and a Design Review Permit
PREVIOUS ACTIONS: On May 18, 2023, the Historic Preservation Commission voted 4-0 to approve a recommendation to City Council on the Non-Emergency Demolition Permit.

CEQA RECOMMENDATION: Recommend adoption of an Initial Study/Mitigated Negative Declaration STAFF RECOMMENDATION: Recommend approval to the City Council REQUESTED ACTION: Approve Planning Commission Resolution No. 2024-17 CITY COUNCIL HEARING REQUIRED: __X_YES ___NO
REPORT APPROVALS: X Dare DeLano, Senior Deputy City Attorney X Veronica Morones, City Planner
10 Item 2.

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CONTINUANCE FROM SEPTEMBER 24, 2024 PLANNING COMMISSION MEETING On September 12, 2024, the applicant submitted a list of approximately 20 items identifying several issues/concerns with the City’s standard Conditions of Approval (“COA”). Several of the items simply required additional clarification from City staff, and resulted in nominal changes to the standard conditions of approval; however, a majority of the concerns regarding the COAs dealt with the timing of the issuance of permits related to construction of the buildings. City staff met with the applicant on September 19, 2024, in an attempt to resolve the issues/concerns raised by the applicant, but due to the complexity of the request the Project was continued to the Planning Commission meeting on October 08, 2024.

The Conditions of Approval outlined in the attached draft Planning Commission Resolution 2024-17 reflect the revised conditions as accepted by the applicant, and agreed to by City staff.

BACKGROUND
The project site is situated at the southwestern corner of Mission Avenue and Centre City Parkway and is currently comprised of two existing parcels, as depicted under Attachments 1 and 2. The site is currently occupied by a vacant restaurant, and existing Quality Inn Hotel. The restaurant was constructed in the Googie-style architecture in 1962.

In 1983, the original user of the site, Denny’s Corporation, ceased operations and since then the site’s ownership has changed over the years. In 2017, the current property owner acquired the site and proposes redevelopment of the site.

As detailed in the summary of request below, the project includes a Tentative Parcel Map along with three Major Conditional Use Permits, and additional associated entitlements. Pursuant to Chapters 32 (Subdivisions) and 33 (Zoning) of the Escondido Municipal Code, the requested entitlements would typically be approved by different decision makers, as detailed in Table 1 below. However, pursuant to Section 32.105.01 of Chapter 32 of the EMC, when one or more actions requires review and approval of the City Council, then all actions shall be taken by the City Council pending a recommendation by the Planning Commission. For the proposed project, the Non-Emergency Demolition Permit requires City Council review and therefore all entitlements associated with this request are subject to final decision by the City Council.

Table 1: Requested Entitlements and Typical Decision Makers Permit Name Purpose Typical Ultimate Decision
Maker
Municipal Code
Section
Non-Emergency
Demolition Permit
Allow for demolition of a
historic resource
City Council, with
recommendation by Planning
Commission
Ch. 33, Article 40, Sec.
33-803(b)
Major Conditional
Use Permit
Allow for land uses
conditionally permitted by the
underlying zoning
Planning Commission Ch. 33, Article 61, Sec.
33-1201(a)
11 Item 2.

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Tentative Parcel
Map
Allow for subdivisions of land
into four or fewer lots
Director of Development
Services
Ch. 32, Article 32-1,
Sec. 32-.102.02(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)
* Application requests that involve ultimate approval by the Planning Commission and entail new construction require Planning Commission approval of the Design Review Permit.

SUMMARY OF REQUEST
503 W Mission Avenue LLC (“Applicant”), represented by Sally Schifman, request approval of 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 parcels while maintaining the existing Quality Inn Hotel (Parcel 1). The Conditional Use Permit requests also include a reduction in the amount of required off-street parking for Parcel 4. 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”). Below is a brief summary of each component of the Project.

Tentative Parcel Map (PL22-0396)
In order to develop the site for the proposed uses, the Applicant requests to subdivide an existing 3.74-acre site comprised of two existing parcels into four total parcels.

The Tentative Parcel Map (“TPM”) depicted in Figure 1 for ease of reference, proposes to retain the existing Quality Inn Hotel on Parcel 1, which is proposed at approximately 95,746 square-feet. No substantive changes are proposed to this site or existing hotel, and the resulting parcel (i.e., Parcel 1) conforms to all requirements required for the hotel use. Parcel 2 (Starbucks) is located at the northerly section of the Project site and is approximately 22,503 square-feet. Parcel 3 (Chipotle) is located adjacent to the south of Parcel 2, and is approximately 20,043 square-feet.

Parcel 4 (unnamed tenant) is located farthest to the south, and is approximately 22,750 square-feet. All parcels
associated with the TPM meet the minimum lot size
requirements for parcels within the General Commercial
(C-G) zone as outlined in Article 16 (Commercial Zones) of the Escondido Zoning Code (“EZC”).

Conditional Use Permits (PL24-0057 [Parcel 2], PL22-0397 [Parcel 3], PL22-0398 [Parcel 4]) As required by the Table 33-332 of Article 16 (Commercial Zones), the site’s underlying zoning district of General Commercial (C-G) requires a Conditional Use Permit (“CUP”) for drive-through facilities. Section 33-341 (Commercial Figure 1 – Tentative Parcel Map Layout
12 Item 2.

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drive-through facilities requirements) within Article 16 contains further site development standards for drivethrough facilities relative to on-site circulation, width of drive-through aisles, architecture, and screening of the drive-through aisles.

In addition to the proposed drive-through use on Parcel 4, the Project also includes a request for a reduction in the amount of off-street parking that is required by the EZC for this select parcel. Pursuant to Section 33-764 of Article 39 (Off-Street Parking), a reduction in parking for a conditionally permitted use may be considered by the decisionmaking body as part of the CUP. The Applicant requests a 45% reduction in the amount of required off-street parking required on Parcel 4. Based on the proposed design for Parcel 4, a total of 20 parking stalls is required pursuant to Section 33-765 of Article 39. The proposed reduction would result in a total of 11 required parking spaces for the parcel. As depicted in Attachment 3, Parcel 4 would include 20 total spaces; however, nine of the parking stalls provided are proposed as compact spaces which do not count toward the Parcel’s required parking as stipulated in Article 39. The compact spaces are a constraint of design due to size limitations of Parcel 4, and still meet the intent and purpose of off-street parking spaces.

Design Review Permit (PL24-0198)
Section 33-1354 of Article 64 (Design Review) of the EZC requires any discretionary action by the Planning Commission that includes new construction be reviewed by the Planning Commission for conformance with the design guidelines outlined in Article 64. The Project before the Planning Commission requires multiple Conditional Use Permits (i.e., discretionary action by the Commission), and includes new construction for three drive-through facilities. The Project in its entirety is being reviewed for conformance with the design review guidelines identified in Article 64 that pertain to architecture and site design due to it functioning as one center with similar architecture, and shared vehicle and pedestrian access.

Non-Emergency Demolition
Article 40 (Historic Resources) of the EZC contains the regulations related to the preservation of historic resources, listing/de-listing of historic resources, and incentives for preservation efforts. Furthermore, Article 40 contains provisions related to the demolition of historic resources, and demolition of potential historic resources. Due to the structure meeting the 50-year threshold (baseline for considering a structure’s historic potential), a Historic Structure Assessment (“HSA") was prepared by Brian F. Smith Associates, which can be found under the environmental documentation for the Project.

As discussed in the HSA, the building is potentially eligible to be listed on the City’s Local Register under Criteria 2 (“Escondido building or buildings that embody distinguishing characteristics of an architectural type, specimen, or are representative of a recognized architect’s work and are not substantially altered”) and 5 (“Escondido historical resources that are 50 years”), and potentially eligible for the California Register of Historic Resources under Criterion 3 (“It embodies the distinctive characteristics of a type, period, region, or method, of construction; represents the work of an important creative individual; or possesses high artistic values.) The Project site is occupied by a building with Googie architectural features. Due to these findings, the Planning Commission’s decision entails a recommendation to the City Council on the demolition of the structure. 13 Item 2.

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SUPPLEMENTAL DETAILS OF REQUEST

1. Property Size: Parcel 1 (Quality Inn Hotel): 2.19 acres Parcel 2 (Starbucks): 0.50 acres
Parcel 3 (Chipotle): 0.46 acres
Parcel 4 (Unknown Tenant): .52 acres
Minimum Required Provided
Parcel 1: 27%

2. Lot Coverage/Floor Area Ratio: None Parcel 2: 6.6%
Parcel 3: 11.2%
Parcel 4: 10.6%

3. Building Height None (UBC) Parcel 1: Existing
Parcel 2: 19’-7.5”
Parcel 3: 20’-8”
Parcel 4: 20’-8”

4. Motor Vehicle Parking: 20 off-street spaces ea. restaurant Parcel 1: 94 spaces 83 off-street spaces for hotel use Parcel 2: 20 spaces
Parcel 3: 20 spaces
Parcel 4: 11 spaces*

5. Setbacks:
a. Front Yard: 15’-0** Parcel 1: >100’ from W. Mission
Parcel 2: 33’-10” from W. Mission
Ave
Parcel 3: 15’-0” from CCP
Parcel 4: 17’-0” from CCP
b. Rear Yard: None N/A
c. Side Yard: None N/A

6. Trash: Trash Enclosure Provided for ea. parcel per City standard
*Request a 45% reduction in the amount of required off-street parking as permitted through the Conditional Use Permit process ** A 15’-0” setback is only required on lots that have a front lot line on Centre City Parkway. For those parcels with a frontage on W. Mission, the setback requirement is 0’-0”.

PROJECT ANALYSIS

1. General Plan Policy Conformance:

In accordance with CEQA Guidelines, an Initial Study/Mitigated Negative Declaration (“IS/MND”) was prepared for the Project. As discussed throughout the IS/MND, the Project would not have any significant 14 Item 2.

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563
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impacts and therefore not require any mitigation relative to air quality, traffic safety, and visual impacts.

The Project is required to construct frontage improvements along Mission Avenue and Centre City Parkway, in addition to a signalized left turn pocket within the existing landscaped median. These frontage and signalization improvements would ensure conformance with City requirements adopted for the purposes of compliance with the General Plan’s Mobility and Infrastructure chapter.

The proposed Project’s visual changes would be minimal due to consistency in design, height, and architecture of surrounding developments. The Project site is currently developed with a two-story hotel that spans the majority of the site’s width; an existing single-story commercial building at the northeastern corner of the site; a pool, tennis court, and ancillary fencing for the recreation uses at the southeastern corner of the site; and paved circulation areas throughout the site designed for parking and egress/ingress.

The proposed Project entails retention of the existing hotel and construction of three new buildings similar in height to the existing commercial building and smaller in scale and massing than the existing hotel.

Improvements to pedestrian features, landscaping on- and off-site, as well as intervening block walls to shield vehicles in queue would all ensure no adverse visual impacts occur.

Employment Acreage Policy 1.4: Promote quality economic development that fosters job availability, economic revitalization, and tax revenues.

The Project would redevelop an existing vacant building, and revitalize an existing parcel that is underutilized. The size of the parcel accommodates the proposed development, and would revitalize the corner of Mission Avenue and Centre City Parkway with improved landscaping, new buildings, and uses compatible with the surrounding area. Patrons of the existing hotel would now have immediate access to dining facilities via the accessible access across the internal drive aisle that runs parallel to Parcel 1.

2. Zoning Conformance:

The Project includes the subdivision on one parcel into four, along with the construction of three new drivethrough facilities. The existing hotel use would remain on newly created Parcel 1, which would meet all required standards for the General Commercial (C-G) zone. For new auto-oriented uses (drive-in, drivethrough), such use is permitted within the C-G zoning district via a Conditional Use Permit. Commercial drive-throughs are further regulated by Section 33-341 (Commercial drive-through facilities requirements) of Article 16 (Commercial Zones) which outlines standards related to site design, stacking, and enhanced architectural design. The site design accomplishes desirable transitions through the use of buffered landscaped areas at the Centre City and Mission frontages. A new pedestrian sidewalk would provide public access around the site, adjacent to those street frontages and be buffered by a low-wall at the parcel boundaries to ensure screening from vehicles in the drive-through queue. The proposed Project provides for a minimum 12-foot width on curves and straight sections for Parcels 2 through 4, as shown within Attachment 3. Parcel 2 provides for queuing of 22 vehicles; Parcel 3 provides for queuing of 11 vehicles; and Parcel 4 provides for queuing of 19 vehicles. The City’s Traffic Engineering and Planning staff reviewed all three drive-through designs and reviewed the applicable analyses to determine the designs as proposed provide adequate stacking to ensure no overflow occurs within public streets. Parcel 3 is designed with only one queuing lane because of the proposed business operation which would be pickup only and not allow for any on-site in-car ordering (app/online ordering only). The proposed signalized entrance for the site would ensure no ingress or egress points of conflict for the site, and the shared internal access roadway would permit for shared circulation common in multi-commercial developments such as this. 15 Item 2.

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3. Climate Action Plan Consistency:

As required for new developments, the Project completed a Climate Action Plan Consistency Checklist.

Commercial projects that are less than 20,000 square-feet emit fewer than 500 MTCO2e per year, and found to be consistent with the City’s CAP screening criteria. The Project is not subject to the measures of the CAP.

4. Site Design
a. Grading, topography, retaining wall, and fencing:

As proposed, the Project requires minimal grading due to the existing topography and development of the site. The site is relatively flat, and does not require significant grading. No retaining walls are a part of the development; however, freestanding walls are proposed along the frontage of Centre City Parkway. The purpose of the freestanding wall is to provide shielding of the drive-through aisles as required for commercial drive-through facilities. The freestanding walls are approximately 3.5- feet and would be constructed of decorative material (e.g., split-face, etc.). No other fencing is proposed throughout the site; however, the site would be heavily screened via a combination of the freestanding walls, landscaping along the frontage, and on-site landscaping. b. Project Access and Circulation:

The site would be accessed via Centre City Parkway (“CCP”) and W Mission Avenue. The existing driveway on W Mission Avenue would be reconstructed and allow for similar access to the site as existing currently off Mission Avenue, and a new driveway would be constructed on CCP including a signalized left turn pocket onto the site heading northbound on CCP. Within the site, access easements would be established in order to facilitate circulation between the parcels, including continued access to Parcel 1 (existing hotel). Parcel 4 would have a single-lane entrance and exit while Parcel 2 and 3 would each have a double-lane entrance into their respective site. Circulation is designed to prevent spillover from the drive-throughs into the main ingress/egress from W.

Mission Avenue.

The draft conditions of approval found under Attachment 4 include a requirement for the Applicant to purchase access rights from the City of Escondido for purposes of creating new access on Centre City Parkway for the proposed Project. Engineering condition (G)(VIII)(5) stipulates the purchase responsibility and the established fee of $43,500.00. The City Council is the acting body on the granting of access rights to Centre City Parkway. Prior to the City’s acquisition of Centre City Parkway, the California Department of Transportation (“CalTrans”) acquired access rights from abutting properties in order to construct Centre City Parkway. These rights were previously acquired by the State of California in 1948, and subsequently relinquished to the City in the late 1970s. Should the Project be approved as conditioned, the City Council would authorize the payment for granting of abutter’s access right to Centre City Parkway prior to recordation of the Parcel Map.
16 Item 2.

Attachment "1"
565
Item17.
c. Building Orientation:

The proposed designs for the Starbucks (Parcel 2) and speculative tenant building (Parcel 4) orient their drive-through windows towards W Mission Ave, and Centre City Parkway, respectively.

Chipotle’s drive-through window (Parcel 3) would face the internal driveway leading onto the site from Centre City Parkway.
d. Open Space and Landscaping
The Project includes approximately 50 trees as shown on the preliminary landscape plans (refer to Exhibit “C” of Attachment 4), which includes the required number of street trees along the frontage (17 total street trees required and 20 provided). The proposed tree palette consists of Acacia Stenophylla (“Shoe-String Acacia”), Arbutus x Marina (“Marina Strawberry Tree”), Cercis Canadensis (“Eastern Redbud”), and Pistacia x Red Push (Red Push Pistache). In addition to the proposed trees for the Project are several existing mature Washingtonia Robusta (“Queen Palm”) and Syagrus Romanzoffiana (“Mexican Fan Palm”) that the Applicant stated would retain on-site and maintained as a part of the Project.
e. Parking:

As indicated in the supplemental details of request, Parcels 2 and 3 (drive-through facilities) each require and provide 20 off-street parking spaces consistent with the standards of Article 39 (Offstreet Parking) of the EZC. However, Parcel 4 (no tenant) includes a request for a reduction in the required off-street parking in order to address site constraints. Specifically, the Parcel 4 site design includes 11 standard spaces (18-feet deep by 8.5-feet wide) consistent with City standards but cannot accommodate nine additional standard spaces. Instead, the Applicant proposes nine additional compact spaces, which are not permitted within commercial zones for the purposes of meeting required parking. Pursuant to Section 33-764 (a)(1) of Article 39, adjustments to the required off-street parking may be considered by the decision-making body through the CUP process. The Project site provides 11 off-street parking spaces (45% reduction) for the intent and purpose of meeting the requirements of the EZC. As a project design feature, the Applicant proposes to include an additional nine compact off-street spaces, resulting in a total of 20 off-street parking spaces (11 standard spaces + 9 compact spaces).

5. Building Design:
a. Building Height, Mass, and Scale:

As indicated in the supplemental details of request, the proposed buildings range from 19’-0” to 21’-0” in height. All of the proposed building designs incorporate flat roofs with parapets to screen roof mounted equipment (HVAC units). The massing and scale of the proposed buildings is consistent with the development in the area which is comprised of mainly low-lying commercial buildings. The existing hotel on site is a two-story structure, and the commercial development located directly to the east is a single-story drive-through development with similar massing and scale as the proposed designs.
17 Item 2.

Attachment "1"
566
Item17.
b. Building Materials:

The buildings would incorporate three different exterior material, including white stucco, composite vertical siding in “Island Mist” (Grayish color) and “Tiki Torch” (wood-like material). The Starbucks building (Parcel 2) incorporates a juxtaposition of stucco finish with composite wood siding resulting in an earth tone palette. The Chipotle building (Parcel 3) off-sets the stucco through the use of the “Island Mist” siding on all elevations. The unknown tenant (Parcel 4) would be constructed as proposed, which includes similar materials of stucco and composite wood cladding to ensure design cohesiveness across all three structures. The use of contemporary material is consistent with new development in the area, specifically the development across Centre City Parkway.

6. Non-Emergency Demolition
The Project includes a request for a Non-Emergency Demolition Permit because the structure is over 50 years old which is the baseline for properties that may be eligible for listing on Escondido Local Register of Historic Places. As it pertains to the California Environmental Quality Act (“CEQA”), any resource that is eligible to be listed on a local register may also qualify it for listing within the California Register of Historical Resources (“CRHR”). Prior to the dissolution of the City’s Historic Preservation Commission (“HPC”), this Non-Emergency Demolition Permit was brought before the HPC at the May 18, 2023 meeting for recommendation of approval to the City Council for their ultimate decision. As discussed in the Historic Structure Assessment (see Appendix B.1 of the Final Initial Study/Mitigated Negative Declaration), and the attached resolution (Attachment 4), the structure may be eligible under Criteria 2 and 5 for listing on the City’s Local Register and Criteria 3 of the CRHR. While the structure is eligible for listing, its demolition would not diminish the existence of this architectural style within the City as there are other Googie designed buildings within the City. Specifically, 810 N. Broadway, 2680 S. Escondido Boulevard, and the sign located at the corner of Mission and Broadway, are additional sites exemplifying Googie style. The HPC voted 4 – 0 recommending approval of the request and recommended demolition of the building because no reasonably foreseeable alternatives to demolition exist.

FISCAL ANALYSIS
The owner 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.
18 Item 2.

Attachment "1"
567
Item17.

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-than-significant 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 has been included as Exhibit “F” to Planning Commission Resolution No. 2024-17.

PUBLIC INPUT
The City received one comment during the 30-day public review period for the Final IS/MND from Caltrans. The comment from CalTrans was specific to the Traffic Impact Analysis and Local Mobility Analysis. A response is incorporated into the Final IS/MND.

The Project was noticed in accordance with State Law and the Escondido Zoning Code (Article 61, Division 6) and no public comments pertaining to the public hearing have been received as of the writing of this staff report.

CONCLUSION AND RECOMMENDATION
The Project includes the redevelopment of an underutilized parcel located in an area with new 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 an 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, Planning staff recommend the Planning Commission adopt Resolution No. 2024-17 recommending the City Council approve the Project as proposed.

ATTACHMENTS

1. Aerial Map

2. General Plan and Zoning Map

3. Proposed Site Plans

4. Draft Planning Commission Resolution No. 2024-17 including Exhibits A – F 19 Item 2.

Attachment "1"
568
Item17.

Attachment 1
Aerial
20 Item 2.

Attachment "1"
569
Item17.

Attachment 2
General Plan Land Use and Zoning
21 Item 2.

Attachment "1"
570
Item17.
22 Item 2.

Attachment "1"
571
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
21 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 Attachment 3 Project Plans 23 Item 2.

Attachment "1"
572
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 24
Item 2.

Attachment "1"
573
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 25
Item 2.

Attachment "1"
574
Item17.

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' 5'10' 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 26 Item 2.

Attachment "1"
575
Item17.

Attachment “2”
Attachment 2

FINAL IS/MND
PLANNING CASE NOs.

PL24-0057/PL22-0396/PL22-0397/PL22-0398/PL24-0198
Due to the number of pages of Attachment “2”, 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
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Attachment “3”

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) __ 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 21152 of the Public Resources Code.

Mission/CCP TPM & Drive Through Facilities – PL24-0057/PL22-0396/PL22-0397/PL22-0398/PL24-0198 Project Title/Case No.
2024071028 City of Escondido
State Clearinghouse Number (if submitted to State Clearinghouse) Lead Agency 503 W Mission LLC, 14493 Old Oak Creek Road, San Diego, CA 92131 858-442-2495 Project Applicant, Address and Phone Number
Ivan Flores, AICP Senior Planner, City of Escondido 760-839-4529 [email protected] Contact Person Telephone Number Email
Project Location (Include County): The proposed project is located within the City of Escondido, County of San Diego, at the southwest corner of W Mission Avenue and Centre City Parkway, and is addressed as 501 – 503 W Mission Avenue. Assessor’s Parcel Nos. (APNs 229-171-30 and 229-171-29-00).

Project Description: A request for approval of a Tentative Parcel Map to allow the subdivision of a 3.74- acre property comprised of two (2) parcels into four (4) parcels, three (3) Conditional Use Permits for drivethrough facilities, and a Design Review Permit for the construction of the facilities (“Project”). The Project includes a non-emergency demolition of an existing building (over 50 years old) previously occupied by a restaurant use and redevelopment of the site with three new commercial/food service uses totaling 6,110 square feet. Parcel 1, located in the westerly portion of the Project site, would be approximately 2.19 acres, and would retain the existing 85-room Quality Inn Hotel and its associated parking. Parcel 2, located in the northeasterly portion of the Project site, would be 0.50 acres and would include a 1,460 square foot coffee shop with drive through window. Parcel 3, located in the southeasterly portion of the Project site, would be

0.48 acres and would include a 2,300 square foot fast food restaurant with drive through window (pick up only – no drive through ordering). Parcel 4, located in the southeasterly portion of the Project site, would be

0.53 acres and would include a 2,350 square foot fast food restaurant with drive through window, and includes a request for a 45 percent reduction in the required amount of off-street parking spaces via the Conditional Use Permit.
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Case Nos. PL24-0057/PL22-0396/PL22-0397/PL22-0398/PL24-0198 Mission/CCP TPM and Drive-through facilities
November 21, 2024
This is to advise that on , the Escondido City Council (Lead Agency) has approved the above described project, and adopted a Mitigated Negative Declaration (City File Nos. PL24-0057/PL22-0396/PL22- 0397/PL22-0398/PL24-0198; Resolution No. 2024-164), 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

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. PL24-0057/PL22-0396/PL22-0397/PL22-0398/PL24- 0198. and Resolution No. 2024-164), 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: Ivan Flores, AICP, Senior 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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STAFF REPORT
November 20, 2024
File Number 0810-15

SUBJECT

EXTENSION OF INTERIM URGENCY ORDINANCE PROHIBITING NEW COMMERCIAL BATTERY ENERGY

STORAGE SYSTEMS WITHIN THE CITY OF ESCONDIDO

DEPARTMENT
City Attorney’s Office and Development Services Department

RECOMMENDATION
Request the City Council adopt Interim Ordinance No. 2024-14 extending Urgency Ordinance No. 2024- 12R prohibiting new commercial Battery Energy Storage Systems within the City of Escondido, including the Report Regarding Measures Taken to Alleviate Conditions which Led to Adoption of Urgency Ordinance No. 2024-12R.

Staff Recommendation: None (Development Services: Christopher W. McKinney, Deputy City Manager) Presenter: Veronica Morones, City Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
No direct fiscal costs are associated with the adoption of this Interim Urgency Ordinance.

PREVIOUS ACTION
On August 28, 2024, the City Council adopted Resolution No. 2024-113 expressing its position and recommendations on Battery Energy Storage Systems projects in and adjacent to the City of Escondido.

On October 9, 2024, the City Council adopted, with modification, Ordinance No. 2024-12R, an Interim Urgency Ordinance prohibiting new commercial Battery Energy Storage Systems within the City of Escondido (“City”) for 45-days.

BACKGROUND
At the October 9, 2024 City Council meeting, the Council adopted, with modification, Ordinance No. 2024- 12, pursuant to Government Code 65858(a), approving a 45-day prohibition on new commercial Battery 579
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Energy Storage Systems (“BESS”) within the City (“Urgency Ordinance No. 2024-12R”). The Council approved Ordinance No. 2024-12R with a modification directing City staff to include evaluation of minimum workforce standards and development of an emergency response plan in their study of commercial BESS facilities.

Both the October 9, 2024 City Council staff report and adopted Urgency Ordinance No. 2024-12R are provided under Attachment “1” of this report. Urgency Ordinance No 2024-12R prohibits any use, permit, variance, building permit, business license, or any other entitlement from being approved or issued for establishment, construction, or operation of a commercial BESS facility within the City. Urgency Ordinance No. 2024-12R will expire on November 23, 2024.

Extension of Urgency Ordinance and 10-Day Report
Under State law, after notice and a public hearing, an Interim Ordinance can be extended for 10 months and 15 days following the initial 45-day period by a four-fifths vote by the City Council (Government Code section 65858(a)). Upon adoption, this Ordinance (No. 2024-14) will extend the provisions of Urgency Ordinance No. 2024-12R for 10 months and 15 days to provide staff with additional time to study the potential impacts of commercial BESS facilities and measures for mitigating the public safety, health and welfare, and economic development concerns described in the Ordinance’s findings. Should the City Council choose to extend Urgency Ordinance No. 2024-12R for the maximum duration allowed under State law (10 months and 15 days) by adopting Ordinance No. 2024-14, then Urgency Ordinance 2024- 12R would expire on October 5, 2025.

Under State law, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the initial Interim Ordinance 10 days prior to the expiration of the Interim Ordinance (Government Code section 65858(d)). Exhibit “A” to Ordinance No. 2024-14 provides such report and describes the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 2024-12R, as required by State law. The 10-day report was made publicly available no later than Wednesday, November 13, 2024, 10-days prior to the November 23, 2024 expiration of Urgency Ordinance No. 2024-12R.

Since the adoption of Urgency Ordinance No. 2024-12R on October 9, 2024, staff continue to review, study, and consider land use development policies and standards related to commercial BESS facilities that could be added to the City’s Zoning Ordinance and General Plan. As outlined in the 10-day Report (Exhibit “A” to Ordinance No. 2024-14) staff identified at least one city within California with an adopted “Energy Storage Facility” Ordinance (City of Beaumont, Ordinance No. 1142), prohibiting energy storage facilities in all zones except their industrial zone; adopting definitions for jargon associated with BESS facilities; and adopting use standards for such facilities. Staff also reviewed contemporary literature on BESS facilities and contacted potential affected parties associated with a commercial BESS facility prohibition and policy development. As of the writing of this report, staff contacted at least one stakeholder with knowledge on minimum workforce standards associated with commercial BESS facilities. 580
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Additionally, City staff continue to evaluate and review the cause of the BESS fire located at 571 Enterprise Street and evaluate the requirement for BESS facilities to develop an emergency response plan. Finally, staff is reviewing the County of San Diego’s draft policy recommendations for BESS projects.

Based on this initial research and review, staff recommends additional deliberation and time to determine a best course of action for commercial BESS facility regulation. Staff remain concerned that a lack of local land use regulations surrounding commercial BESS facilities within the City would result in negative economic impacts inconsistent with the City’s adopted 2023 to 2028 Comprehensive Economic Development Strategy and potential public health and safety risks associated with the ignition of fires, including “thermal runaways,” from these facilities. Therefore, City staff recommend additional time to further investigate these issues, formulate recommendations for City Council consideration, and explore potential amendments to the City’s Zoning Ordinance and/or General Plan to mitigate potential risks.

Adoption of Ordinance No. 2024-14 by four-fifths of the City Council would extend Urgency Ordinance 2024-12R for an additional 10-months and 15-days unless earlier repealed, terminated, or extended by the City Council.

CEQA Determination
This Interim Ordinance is not subject to CEQA (Public Resources Code §21000, et seq.) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15060(c)(2) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment Further, the 10-Day Report merely describes actions previously taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2024-12R.

Alternatively, the Interim Ordinance is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3), and, in the alternative, 15307, and, in the alternative, 15308. Here, this Interim Ordinance will extend the current prohibition on certain projects from being able to proceed for a period of time during which the City will study the potential development. This activity is meant to assure the protection of the environment and natural resources by studying the hazards associated with BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for BESS facilities. Further, the 10-Day Report merely describes actions previously taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2024-12R.

ORDINANCES
a) Ordinance No. 2024-14
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b) Ordinance No. 2024-14 – Exhibit “A”— 10-day Report Regarding Measures Taken to Alleviate Conditions which Led to Adoption of Urgency Ordinance No. 2024-12R

ATTACHMENTS
a) Attachment “1” – October 9, 2024 City Council Staff Report and adopted Ordinance No. 2024-12R
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ORDINANCE NO. 2024-14

AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ESCONDIDO EXTENDING URGENCY
ORDINANCE NO. 2024-12R PROHIBITING NEW

COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS

WITHIN THE CITY OF ESCONDIDO, ADOPTED AS AN
URGENCY MEASURE; AND FINDING THE ACTION TO

BE EXEMPT FROM CEQA
WHEREAS, the City of Escondido, California, (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in general, a Battery Energy Storage Systems ("BESS") facility collects energy from the grid, stores it, and then discharges that energy later to provide electricity or other grid services when needed, typically at times of high demand; and
WHEREAS, Escondido Energy Center, LLC ("Applicant") is proposing to construct a BESS facility on land currently owned by Escondido Energy Center, LLC located at 1968 Don Lee Place (Assessor’s Parcel No.: 228-381-74-00); and
WHEREAS, on February 7, 2024, Applicant filed a land use development application (Planning Case No. PL24-0037), constituting a request for Major Plot Plan to establish a 50-megawatt (MW) BESS facility comprised of 31 lithium-ion battery storage enclosures(“Project”). The proposed Projectislocated within the General Industrial (M-2) zoning designation. Article 26 of the Escondido Zoning Ordinance (Chapter 33 of the Escondido Municipal Code) permits for a wide-range of activities, including those considered “heavy” or “intensive” outside storage needs, heavier equipment, and operational characteristics that require the least restrictive design standards. The General Industrial zoning designation specifically allows for power plants, oil refineries and bulk stations, transmission facilities, and uses involving hazardous chemicals and waste, all of which are similar in intensity of a BESS; and 583
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Util. Code section 2835)that are capable ofstoring 200 Megawatt-hours or more of electrical energy; and WHEREAS, pursuant to AB 205 (as codified at Pub. Res. Code Division 15, Chapter 6.2), an applicant proposing to build a qualifying energy facilitymay file an "opt- in application for certification" at the CEC and the CEC's permitting authority over the proposed project is "in lieu of any permit, certificate, orsimilar documentrequired by a state, local, orregional agency, orfederal agency, to the extent permitted by federal law, for those facilities"; and
WHEREAS, in reviewing so-called opt-in projects, the CEC functions asthe Lead Agency for purposes of California Environmental Quality Act ("CEQA") review. In certifying an opt-in project, the CEC must make certain findings; and
WHEREAS, whether or not an Applicant's proposed project requires local entitlement approvals, there remain significant public safety-related concerns that must be analyzed prior to any BESS project moving forward within Escondido, whether at the 1968 Don Lee Place site or elsewhere in the community; and
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WHEREAS, there have been several recent fires at BESS facilities in and around the City as well as throughout California and nationwide. BESS facilitiesthat use lithium-ion batteries create particularly unique fire and explosion hazards. Lithium-ion batteries are inherently safe and stable but certain conditions elevate the risk of fire such as impacts, puncture, or mechanical damage, overcharging, overheating, and short circuits. The site for the pending application is within 700 feet of established residential uses located with the County; and
WHEREAS, on August 28, 2024, the City Council adopted Resolution No. 2024-113, which is incorporated herein as though set forth in full, outlining the Council’s concerns with the proliferation of BESS projects in and around the City of Escondido, including negative economic impacts inconsistent with the City’s adopted 2023 to 2028 Comprehensive Economic Development Strategy and potential public health and safety risks associated with the ignition of fires, including “thermal runaways,” from these facilities; and
WHEREAS, on September 5, 2024, at approximately 12:09 p.m., the Escondido Fire Department responded to a fire at a 30 MW San Diego Gas and Electric (“SDG&E”) BESS facility located at 571 Enterprise Street within the City of Escondido (“Incident”). The Incident entailed an active fire of a Lithium-Ion battery bank used for the purposes of energy storage. Due to specific hazards resulting from the burning of Lithium-Ion batteries, the City deployed a defensive strategy focused on protecting adjacent structures containing additional batteries and implemented evacuations of the surrounding area. Mandatory evacuations resulting from the Incident included an area approximately one square mile for approximately 48-hours. Certain Escondido Unified School District schools and facilities shut down as a result of the fire as well. Responders from the Escondido Fire Department and Police Departments, as well as the San Diego County Hazardous Materials Division, Health Departments, and SDG&E monitored the site, including water and air sampling for public health and safety.; and 585
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WHEREAS, on October 7, 2023, the Governor of California signed into law Senate Bill 38 ("SB 38"), which amends California Public Utilities Code Section 761.3 to address safety concerns with BESS projects.

SB 38 requires every BESS facility in California to establish an emergency response and emergency action plan for the facility to protect surrounding residents, neighboring properties, emergency responders, and the environment. The BESS facility owner or operator must coordinate with local emergency management agencies, unified program agencies, and local first respondersto develop the plan, and submit the plan to the county and the city where the facility islocated; and WHEREAS, given the fairly new technology, lack of long-term study of the performance and risk associated with these facilities, as well as the ever-increasing megawatt capacity of these projects, the City of Escondido has not had an adequate opportunity to undertake a comprehensive study of the developing technologies and designs such that it can publish appropriate development guidelines for these projects to ensure the public’s welfare and safety; and WHEREAS, California Government Code Section 65858 provides that, without following the proceduresotherwiserequiredpriortotheadoptionofa zoning ordinance, anurgencymeasure inthe form of an interim ordinancemay be adopted by a four-fifths vote of the City Council to protect the public from a current and immediate threat to the public health, safety, or welfare resulting from a contemplated zoning proposal; and
WHEREAS, Government Code Section 65868 further providesthat such an urgency measure shall be effective for only 45 days following its adoption, but may be extended beyond the initial 45-day period, following compliance with that Section, for an additional 10 months and 15 days and subsequently for an additional 12 months; and
WHEREAS, at its October 9, 2024, City Council meeting, staff's findings demonstrated that the 586
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potential for development of new commercial BESS facilities within the City without adequate land use policies and standards in place to implement SB 38 and to prevent potentially catastrophic interference with nearby communities presents a current and immediate threat to the public's safety and welfare, and the approval of use permits, building permits, or other applicable entitlements for such uses would threaten public safety and welfare; and
WHEREAS, at its October 9, 2024, meeting, the City Council voted to approve an Interim Ordinance prohibiting new commercial battery energy storage systems within the City, unless a use permit was approved prior to October 9, 2024, based upon a need for the immediate preservation of the public health, safety, and welfare as set forth herein, for an initial period of forty-five days while City staff researched and selected the best recommended course of action to address the safety-related concerns regarding BESS facilities ("Urgency Ordinance No. 2024-12R"); and WHEREAS, the temporary prohibition on BESS facilities is scheduled to expire on November 23, 2024; and
WHEREAS, City staff has issued a written report to the City Council on the progress of its study along with measures taken to alleviate the condition that led to the adoption of Urgency Ordinance No. 2024-12R; and
WHEREAS, City staff is still in the process of conducting research to understand the impacts of BESS facilities and uses on community welfare and explore potential amendments to the City's Municipal Code and General Plan in relation to BESS facilities, including but not limited to review, evaluation, and comment on the San Diego County BESS Best Practices – Policy Recommendations for Battery Energy Storage Systems Projects Report which is being developed by the County; and WHEREAS, City staff remains concerned that the absence of adequate land use policies and 587
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standards to address BESS facilities, including those necessary to implement SB 38 and prevent potentially catastrophic impacts to nearby residents and environmental resources, poses a current and immediate threat to the public's safety and welfare; and
WHEREAS, in light of the significant safety risks associated with BESS facilities, City staff seeks additional time to further investigate these issues, formulate recommendations for City Council consideration, and explore adjustments to the City's General Plan and Zoning Regulations to mitigate the safety risks associated with BESS facilities.

NOW, THEREFORE, the City Council of the City of Escondido does ordain as follows:

SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. This Interim Ordinance is not subject to the CEQA (Public Resources Code §21000, et seq.) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15060(c)(2) [activity will not result in a direct or reasonably foreseeable indirect physical change in the environment]. Here, this Interim Ordinance is merely extending the current prohibition on certain projects from proceeding for a period of time during which the City will study the potential development. As a result, this Interim Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. Further, the 10-Day Report, attached to this Ordinance as Exhibit “A”, merely describes actions previously taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2024-12R.

Alternatively, this Interim Ordinance is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) [it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment], and, in the alternative, 15307 [Class 7 categorical exemption for 588
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regulatory activity to assure the protection of natural resources], and, in the alternative, 15308 [Class 8 categorical exemption for regulatory activity to assure the protection of the environment]. Here, this Interim Ordinance will extend the current prohibition on certain projects from being able to proceed for a period of time during which the City will study the potential development. This activity is meant to assure the protection of the environment and natural resources by studying the hazards associated with BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for BESS facilities. Currently, there are no commercial BESS facilities in the city. This Project merely preserves the status quo. Further, the 10-Day Report merely describes actions previously taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2024-12R.

Alternatively, this Interim Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services. Here, this Interim Ordinance will extend the current prohibition on certain projects from being able to proceed for a period of time during which the City will study the potential development. This activity is meant to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services by studying the hazards associated with BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for BESS facilities.

Further, the 10-Day Report merely describes actions previously taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2024-12R.

SECTION 3. This Interim Ordinance is urgently needed for the immediate preservation of the public health, safety, and welfare based on the findings of this Interim Ordinance and corresponding action report. This Interim Ordinance shall take effect immediately upon adoption.

SECTION 4. Urgency Ordinance No. 2024-12R is hereby extended for ten months and fifteen days, 589
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unless earlier repealed by the City Council or extended in accordance with the provisions set forth in California Government Code Section 65858.

SECTION 5. No use permit, variance, building permit, business license, or any other entitlement for use shall be approved or issued for the establishment, construction, or operation of a commercial BESS facility for any location or property within the City of San Juan Capistrano, unless a use permit was approved prior to October 9, 2024, authorizing the establishment, construction, and operation of the commercial BESS facility, in which case the commercial BESS facility may continue in operation as approved but may not be replaced or modified in any manner that would require revision or amendment to the use permit under the City's Zoning Regulations. As used in this ordinance, the term "commercial" means the use of a BESS facility to provide electricity to third parties, for consideration.

SECTION 6. The penalties for land use violations that are prescribed in Sections 33-1310 through 33-1313 of the Escondido Municipal Code shall apply to violations of the provisions of this Interim Ordinance.

SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

SECTION 8. The City Council hereby directs staff to prepare, execute, and file with the County of Orange Clerk a notice of exemption within five working days of the adoption of this Ordinance.

SECTION 9. This extension Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and shall be interpreted in light of that intent. 590
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SECTION 10. Unless further extended by City Council, this extension Ordinance shall remain in effect until close of business on October 5, 2025.

SECTION 11. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 12. Pursuant to Government Code Sections 36934 and 36937(b), this Ordinance shall be effective immediately upon its adoption.

SECTION 13. The City Clerk is hereby directed to certify to the immediate passage of this Ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido. 591
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STAFF REPORT
October 9, 2024
File Number 0810-15

SUBJECT

INTERIM URGENCY ORDINANCE PROHIBITING NEW COMMERCIAL BATTERY ENERGY STORAGE

SYSTEMS WITHIN THE CITY OF ESCONDIDO

DEPARTMENT
Development Services Department and City Attorney’s Office

RECOMMENDATION
Request the City Council adopt Ordinance No. 2024-12 approving, as an urgency measure, an Interim Ordinance to prohibit new commercial Battery Energy Storage Systems within the City of Escondido.

Staff Recommendation: None (Development Services: Christopher W. McKinney Deputy City Manager and Interim Director of Development Services)
Presenter: Veronica Morones, City Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
No direct fiscal costs are associated with the adoption of this interim urgency ordinance.

PREVIOUS ACTION
On August 28, 2024, the City Council adopted Resolution No. 2024-113, expressing its position and recommendations on Battery Energy Storage Systems projects in and adjacent to the City of Escondido.

BACKGROUND
A Battery Energy Storage Systems (BESS) facility collects energy from the grid, stores it, and then discharges that energy later to provide electricity or other grid services when needed, typically at times of high demand. A commercial BESS facility means a facility that would provide electricity to third parties.

At this time, the number of existing commercial BESS facilities within City limits is unclear; however, based on the California Energy Commission’s California Energy Storage System survey, there may be up to 27 commercial BESS within zip codes 92025, 92026, 92027, and 92029. Further research would be required 59 Item6.

Attachment "1"
592
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to determine which of these facilities are located within the City or within unincorporated areas subject to county regulations.

Currently, one application for entitlement of a commercial BESS facility is under review through the Development Services Department. On February 7, 2024, the City’s Development Services Department received a submittal for a Major Plot Plan to establish a 50-megawatt (MW) BESS facility comprised of 31 lithium-ion battery storage enclosures at 1968 Don Lee Place. The proposed project is located within the General Industrial (M-2) zoning designation. The City's current zoning regulations do not contain criteria specifically for BESS facilities. The General Industrial Zone (Article 26 of Chapter 33 of the Escondido Municipal Code) permits for a wide-range of activities, including those considered “heavy” or “intensive” outside storage needs, heavier equipment, and operational characteristics that require the least restrictive design standards. The General Industrial zoning designation specifically allows for power plants, oil refineries and bulk stations, transmission facilities, and uses involving hazardous chemicals and waste, all of which are similar in intensity of a BESS.

The City Council approved a Major Plot Plan, Zoning Map Amendment, and Zoning Text Amendment for a commercial BESS located at 555 N. Tulip on December 6, 2023 (“Goal Line Project”). The Goal Line Project consists of a 50 MW commercial BESS which required a zoning designation change from Planned Industrial to General Industrial as part of the project’s approval. The applicant has yet to move forward with any post-entitlement permitting processes, such as grading or building permits. The approved entitlement for the commercial BESS will expire on December 6, 2025 unless the applicant receives issuance of a grading or building permit, or files an Extension of Time through Development Services prior to the expiration date.

BESS Project Concerns
Known concerns surrounding commercial BESS facilities include economic development implications resulting from their remote management and low onsite staffing, and public health and safety hazards stemming from the potential for the ignition of fires, explosions and “thermal runaway” events (which, once initiated, are extremely difficult to extinguish).

The City’s adopted 2023 to 2028 Comprehensive Economic Development Strategy (“CEDS”), a five-year roadmap which outlined a plan to improve the City’s local economy, made many findings including that the City had relatively high concentrations of less-than-optimal industries and building types which can impede employment growth and economic opportunity and deter more robust drivers to the City’s economy. Given the general operational model for BESS projects, placement of these projects in and around the City’s jurisdiction fails on a number of counts: achieve the critical long-range goals of increasing economic and employment opportunities for City residents; optimize available properties to their highest and best land use; increase land values; and develop land uses that attract families and business investment. Proliferation of commercial BESS facilities may cause long-term static land use, negative 60 Item6.

Attachment "1"
593
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impacts on existing residential land values, as well as disincentivize employers and businesses from locating into the area, and create lower-than-optimum local sales and ad valorem tax opportunities.

Further, commercial BESS facilities may burden the City with health and safety risks. The City is located in an area of San Diego County subject to severe and destructive wildfires and as such, its residents have been required to undertake extensive fire safety efforts at their homes and have experienced issues such as ever-increasing home insurance premiums or non-renewals of existing policies due to the potential of fires. Therefore, recent fires in and around Escondido, including the most recent BESS facility fire located at 571 Enterprise Street in the City of Escondido, raise concerns regarding health and safety and a question of what such risks may require from the City’s fire and safety resources and personnel to battle such fires.

On October 7, 2023, Senate Bill 38 was signed into law to address safety concerns with commercial BESS projects by requiring commercial facilities in California establish an emergency response and emergency action plan for the facility to protect surrounding residents, neighboring properties, emergency responders, and the environment. The BESS Facility owner or operator must coordinate with local emergency management agencies, unifies program agencies, and local first responders to develop the plan and submit it to the county and city where the facility is located.

SB 38 recognizes the many hazards that commercial BESS facilities create. It provides that the mandated emergency response and action plan may consider responses to potential offsite impacts, such as poor air quality, threats to municipal water supplies, and those related to shelter-in-place orders and road closure notifications.

Urgency Ordinance
California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance, an urgency measure in the form of an interim ordinance may be adopted by a four-fifth vote of the City Council to protect the public from a current and immediate threat to the public health, safety, or welfare resulting from a contemplated zoning proposal.

Section 65858 further provides that such an urgency measure shall expire 45 days following its adoption; however, such measure may be extended beyond the initial 45-day period, following compliance with Government Code Section 65868, for an additional 10 months and 15 days, and subsequently for an additional 12 months. Government Code Section 65858(d) requires the City issue a written report describing the measures taken to alleviate the condition which led to the adoption of the initial interim ordinance 10 days prior to expiration (i.e., 35-days after passage of the interim ordinance) for purposes of extending the urgency ordinance. Subsequent to the written report, Government Code Section 65858(a) allows for an initial 10-month and 15-day extension to provide the City with additional time to study the potential impacts of commercial BESS facilities and measures for mitigating the public safety, health and welfare concerns described above.
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With adoption of Ordinance No. 2024-12, the City Council would effectively prohibit any use permit, variance, building permit, business license, or any other entitlement for use from being approved or issued for the establishment, construction, or operation of a commercial BESS facility for any location or property within the City for the immediate preservation of public health, safety, and welfare based on the findings detailed in the ordinance.

CEQA Determination
This interim ordinance is not subject to CEQA (Public Resources Code §21000, et seq.) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15060(c)(2) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Alternatively, this Interim Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services.

ORDINANCES
a) Ordinance No. 2024-12
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ORDINANCE NO. 2024-12R

AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ESCONDIDO PROHIBITING NEW

COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS

WITHIN THE CITY OF ESCONDIDO, ADOPTED AS AN
URGENCY MEASURE; AND FINDING THE ACTION TO

BE EXEMPT FROM CEQA
WHEREAS, the City of Escondido, California, (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in general, a Battery Energy Storage Systems ("BESS") facility collects energy from the grid, stores it, and then discharges that energy later to provide electricity or other grid services when needed, typically at times of high demand; and
WHEREAS, Escondido Energy Center, LLC ("Applicant") is proposing to construct a BESS facility on land currently owned by Escondido Energy Center, LLC located at 1968 Don Lee Place (Assessor’s Parcel No.: 228-381-74-00); and
WHEREAS, on February 7, 2024, Applicant filed a land use development application (Planning Case No. PL24-0037), constituting a request for Major Plot Plan to establish a 50-megawatt (MW) BESS facility comprised of 31 lithium-ion battery storage enclosures. The proposed projectislocated within the General Industrial (M-2) zoning designation. Article 26 of the Escondido Zoning Ordinance (Chapter 33 of the Escondido Municipal Code) permits for a wide-range of activities, including those considered “heavy” or “intensive” outside storage needs, heavier equipment, and operational characteristics that require the least restrictive design standards. The General Industrial zoning designation specifically allows for power plants, oil refineries and bulk stations, transmission facilities, and uses involving hazardous chemicals and waste, all of which are similar in intensity of a BESS; and Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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WHEREAS, a BESS within the General Industrial zone would be permitted via the Major Plot Plan review process as outlined and pursuant to Article 61 (Administration and Enforcement), Division 8 (Plot Plans) of Chapter 33 (Zoning) of the Escondido Municipal Code; and WHEREAS, the City's current Zoning Regulations do not contain criteria specifically for BESS facilities; and
WHEREAS, in 2022, the Governorsigned into law Assembly Bill 205 ("AB 205"), which expands the California Energy Commission's ("CEC") powerplant siting authority- previously limited to thermal powerplants-to certain renewable energy facilities, including energy storage systems (as defined in Pub. Util. Code section 2835) that are capable of storing 200 Megawatt-hours or more of electrical energy; and
WHEREAS, pursuant to AB 205 (as codified at Pub. Res. Code Division 15, Chapter 6.2), an applicantproposing tobuilda qualifyingenergy facilitymay filean"opt- in application for certification" at the CEC and the CEC's permitting authority over the proposed project is "in lieu of any permit, certificate, or similar document required by a state, local, or regional agency, or federal agency, to the extent permitted by federal law, for those facilities"; and WHEREAS, in reviewing so-called opt-in projects, the CEC functions as the Lead Agency for purposes of California Environmental Quality Act ("CEQA") review. In certifying an opt-in project, the CEC must make certain findings; and
WHEREAS, whether or not an Applicant's proposed project requires local entitlement approvals, there remain significant public safety-related concernsthat must be analyzed prior to any BESS project moving forward within Escondido, whether atthe 1968 Don Lee Place site or elsewhere in the community; and
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WHEREAS, there have been several recent fires at BESS facilities in and around the City as well as throughout California and nationwide. BESS facilities that use lithium-ion batteries create particularly unique fire and explosion hazards. Lithium-ion batteries are considered inherently safe and stable but certain conditions elevate the risk of fire such as impacts, puncture, or mechanical damage, overcharging,overheating, and short circuits. The site for the pending application is within 700 feet of established residential uses located with the County; and WHEREAS, on August 28, 2024, the City Council adopted Resolution No. 2024-113, which is incorporated herein as though set forth in full, outlining the Council’s concerns with the proliferation of BESS projects in and around the City of Escondido, including negative economic impacts inconsistent with the City’s adopted 2023 to 2028 Comprehensive Economic Development Strategy and potential public health and safety risks associated with the ignition of fires, including “thermal runaways,” from these facilities; and
WHEREAS, on September 5, 2024, at approximately 12:09 p.m., the Escondido Fire Department responded to a fire at a 30 MW San Diego Gas and Electric (“SDG&E”) BESS facility located at 571 Enterprise Street within the City of Escondido (“incident”). The incident entailed an active fire of a Lithium-Ion battery bank used for the purposes of energy storage. Due to specific hazards resulting from the burning of Lithium-Ion batteries, the City deployed a defensive strategy focused on protecting adjacent structures containing additional batteries and implemented evacuations of the surrounding area. Mandatory evacuations resulting from the incident included an area approximately one square mile for approximately 48-hours. Certain Escondido Unified School District schools and facilities shut down as a result of the fire as well. Responders from the Escondido Fire Department and Police Departments, as well as the San Diego County Hazardous Materials Division, Health Departments, and SDG&E monitored the site, including water and air sampling for Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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public health and safety; and
WHEREAS, on October 7, 2023, the Governor of California signed into law Senate Bill 38 ("SB 38"), which amendsCalifornia PublicUtilities Code Section 761.3 to address safety concerns with BESS projects.

Escondido without adequate land use policies and standards in place to implement SB 38 and to prevent potentially catastrophic interference with nearby communities presents a current and immediate threat to the public's safety and welfare, and the approval of use permits, building permits, or other applicable entitlements for such uses would result in that threat to public safety and welfare; and
WHEREAS, while thisinterim ordinance isin effect, the City intendsto study and consider land use development policies and standards related to BESS facilities that should be added to the City's General Plan and Zoning Regulations and minimum workforce standards and develop an emergency response plan; and
WHEREAS, the City Council has the authority under Government Code Sections 36934 and 36937(b) to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and WHEREAS, the City finds it is necessary for the City Council to adopt this Interim Ordinance as an Urgency Ordinance, as set forth in the above recitals, which are incorporated herein by reference, and pursuant to the powers under Government Code Sections 36934 and 36937(b), for the immediate preservation of the public health and safety.

NOW, THEREFORE, the City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows:

SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. ThisInterim Ordinance is not subject to CEQA (Public Resources Code §21000, et seq.) pursuant to CEQA Guidelines(Cal. Code Regs., tit. 14, §15000 et seq.) Section 15060(c)(2) as the Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Here, the Interim Ordinance will prohibit certain projectsfrom proceeding for a period oftime during which theCity willstudy the potential development. As a result, this Interim Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Alternatively, this Interim Ordinance is exempt from CEQA pursuant to Public ResourcesCode Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services. Here, the Interim Ordinance will prohibit certain projects from proceeding for a period of time during which the City will study the potential development. This activity is meantto prevent or mitigate the loss of, or damage to, life, health, property, and essential public services by studying the hazards associatedwith BESS facilities, such as unique fire and explosion hazards, for potential development ofzoning regulationsfor BESS facilities.

SECTION 3. From and after the date of enactment of the Interim Ordinance, no use permit, variance,buildingpermit,businesslicense,or anyotherentitlementfor useshall beapprovedorissued for the establishment, construction, or operation of a commercial BESS facility for any location or property within the City of Escondido, unless a use permit was approved prior to October 9, 2024, authorizing the establishment, construction, and operation of the commercial BESS facility, in which case the commercial BESS facility may continue in operation as approved but may not be replaced or modified in any manner that would require revision or amendment to the use permit under the City's Zoning Regulations. As used in this Interim Ordinance, the term "commercial" means the use of a BESS facility to provide electricity to third parties, for consideration.

SECTION 4. This Interim Ordinance is urgently needed for the immediate preservation ofthe public health, safety, and welfare based on the findings herein. It shall take effect immediately upon Docusign Envelope ID: D7832190-E455-4693-9B86-4895595419DA Attachment "1"
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adoption and shall be of no furtherforce and effect 45 days following the date of its adoption, unless earlierrepealed by theCity Councilor extended in accordance with the provisionssetforth inCalifornia Government Code Section 65858.

SECTION 5. The penaltiesforland use violationsthat are prescribed in Sections 33-1310 through 33-1313 of the Municipal Code shall apply to violations of the provisions of this Interim Ordinance.

SECTION 6. If any provision of this Interim Ordinance or its application to any person or circumstance is held to be invalid,such invalidity has no effect on the other provisions or applications of the Interim Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

SECTION 7. The City Council hereby directs staff to prepare, execute, and file with the County of San Diego Clerk a Notice of Exemption within five (5) working days of the adoption of this Interim Ordinance.

SECTION 8. This Interim Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and shall be interpreted in light of that intent.

SECTION 9. Unless extended by City Council, this Interim Ordinance shall remain in effect until close of business on November 23, 2024.

SECTION 10. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.

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SECTION 11. Pursuant to Government Code Sections 36934 and 36937(b), this Ordinance shall be effective immediately upon its adoption.

SECTION 12. The City Clerk is hereby directed to certify to the immediate passage of this Interim Ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.

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PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 9
th day of October, 2024 by the following vote to wit:

AYES : Councilmembers: C. GARCIA, J. GARCIA, MARTINEZ, MORASCO, WHITE NOES : Councilmembers: NONE
ABSENT : Councilmembers: NONE
APPROVED:

DANE WHITE, Mayor of the
City of Escondido, California
ATTEST:

ZACK BECK, City Clerk of the
City of Escondido, California
*****

STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.

CITY OF ESCONDIDO )
I, Zack Beck, City Clerk of the City of Escondido, hereby certify that the foregoing ORDINANCE NO. 2024-12R passed at a regular meeting of the City Council of the City of Escondido held on the 9 th day
of October, 2024.

ZACK BECK, City Clerk of the
City of Escondido, California
ORDINANCE NO. 2024-12R
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10-DAY REPORT REGARDING MEASURES TAKEN TO ALLEVIATE
CONDITIONS WHICH LED TO ADOPTION OF URGENCY ORDINANCE NO. 2024-12R ESTABLISHING A TEMPORARY PROHIBITION ON NEW

COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS WITHIN THE CITY

OF ESCONDIDO
I. Background
At its October 9, 2024, meeting, the City Council of the City of Escondido ("City") adopted an urgency interim ordinance establishing a temporary prohibition on new commercial battery energy storage systems ("BESS") within the City's boundaries ("Urgency Ordinance No. 2024-12R"). More specifically, Urgency Ordinance No. 2024-12R prohibits any use permit, variance, building permit, business license, or any other entitlement for use from being approved or issued for the establishment, construction, or operation of a commercial BESS facility for any location or property within the City, unless a use permit was approved prior to October 9, 2024, authorizing the establishment, construction, and operation of the commercial BESS facility, in which case the commercial BESS facility could continue in operation as approved but cannot be replaced or modified in a manner that would require revision or amendment to the use permit under the City's Zoning Regulations.

An interim ordinance takes immediate effect upon adoption and expires fortyfive days after adoption, unless extended at a later date after notice and a public hearing for up to an additional ten months and fifteen days, and subsequently for an additional twelve months. (Government Code Section 65868(a).) Urgency Ordinance No. 2024-12 took effect on October 9, 2024, and will expire on November 23, 2024. Government Code Section 65858(d) requires that at least ten days prior to the expiration of an interim ordinance or any extension, the City Council must issue a written report describing the measures taken to alleviate the condition(s) which led to the adoption of the ordinance.

II. Measures Taken Since the Adoption of the Interim Ordinance As City staff's findings demonstrate, Urgency Ordinance No. 2024-12R was enacted in order to preserve public health, safety, and general welfare of City residents, firefighters, and emergency responders during emergency operations, based on, among other things, the hazards of fire, explosion, or dangerous conditions in new and existing BESS facilities and negative economic impacts inconsistent with the City’s adopted 2023 to 2028 Comprehensive Economic Development Strategy.

To alleviate the conditions that led to the adoption of Urgency Ordinance No. 2024-12R, the City has taken the following steps since adoption:
1) City staff have taken preliminary steps to study and consider the hazards associated with commercial BESS facilities, land use development policies, and standards relating to commercial BESS facilities to evaluate the potential development of such facilities within the City.

Ordinance No. 2024-14
Exhibit "A"

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Escondido City CouncilNovember 20, 2024

Escondido City Council
November 20, 2024