Escondido City Council
December 4, 2024

Exhibit “A”
Legal Description
Project No(s): PL23-0190/PL24-0225/PL23-0191/PL24-0215/PL24-0229

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Resolution No. 2024-179
Exhibit “B”

EXHIBIT “B”

Project No(s): PL23-0190/PL24-0225/PL23-0191/PL24-0215/PL24-0229

FACTORS TO BE CONSIDERED / FINDINGS OF FACT

Environmental Determinations:

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

2. The City Council action qualifies for the following exemption which has been determined to not have a significant effect on the environment, and are declared statutorily exempt from the requirement for the adoption of environmental documents.

The recommendation of denial is statutorily exempt pursuant to CEQA Guidelines Section 15270 (“Projects which are disapproved”), in that the request is not recommended for approval.

3. In the event the recommendation of denial is overturned, the Project would rely on the Final Initial Study/Mitigated Negative Declaration for adoption.

General Plan Amendment (PL23-0190)

With respect to the General Plan Amendment , the City Council make the following findings for denial:

1. General Plan Review and Amendment Policy 17.5: Identified physical, social, or city-wide economic factors or changes that have made the General Plan designation, policy statement goal, or intent in question inappropriate from the standpoint of the general public welfare. Unless the applicant provides substantial documentation that the changes have occurred, the GPA request shall be denied.

The City has not identified factors that have made the General Plan designation of Office for this site inappropriate from the standpoint of the general public welfare, as substantiated below:

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Exhibit “B”

 The subject site is located within the Office (O) land use designation of the City’s 2012 adopted General Plan. The site is surrounded by primarily office and medium density residential uses as identified on the City’s General Plan Map. The intent of the O ffice land use designation is to accommodate a variety of office uses including but not limited to medical offices, financial offices, and real estate services. Within the vicinity of the subject site, exist various office uses that provide employment opportunities for those in the surrounding community. The existing zoning designation of Hospital Professional (H-P) permits a wide range of commercial/office uses that may be utilized on the subject site, and would fill the employ ment vacuum caused by the demolition of Palomar Hospital. The existing land use and zoning designations are consistent with the surrounding land uses and patterns of development.

 The subject site is not identified on the City’s Suitable Sites Inventory f or potential residential development, and denial of the requested General Plan Amendment would not impede the City in achieving its housing unit goals as outlined in the City’s adopted 6 th Cycle Housing Element. The City identified approximately 888 parcels throughout the City for the purposes of residential development to achieve the City’s Regional Housing Needs Allocation (RHNA). The City’s 6th Cycle Housing Element identifies capacity for over 12,000 residential units and does not identify this site as a site designated for residential development.

Zone Map Amendment Findings (PL24-0225)
(Section 33-1263 of Article 61 – Administration and Enforcement of the Escondido Zoning Code)
With respect to the Zone Map Amendment, th e City Council make the following findings for denial:

1. That the public health, safety and welfare will be adversely affected by the proposed change
The Project includes a request to rezone the subject property from Hospital Professional (H-P) to Very High Multi family Residential (R -5). The adoption of the proposed zone is predicated on the review and approval of the General Plan Amendment. As discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report dated November 12, 2024, adoption of the General Plan Amendment will not be consistent with the goals and polices of the City’s adopted 2012 General Plan. The public health, safety, and welfare will adversely be affected by the proposed change due to inconsistency between the proposed zone map amendment, and existing General Plan 210
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Exhibit “B”

Land Use designation of Office (O) which is prohibited under Government Code section 65860(a).

2. That the property involved is not suitable for the uses permitted by the proposed zone
The Project site is zoned H-P, and does not permit residential uses as outlined in Article 16 (Commercial Zones). The property is approximately 0.69 acre in size, and was developed in conformance with the requirements for commercial/office development. The Project does not conform to the development standards related to setbacks for residential development within the proposed R -5 zone. Therefore, the Project site involved is not suitable for the proposed multifamily use as the H-P zone does not permit for residential use types.

3. That the uses permitted by the proposed zone would not be detrimental to surrounding properties
The Project site is primarily surroun ded by low-density residential uses and office uses which are consistent with the surrounding zoning and General Plan land use designations of Urban II ( R-2/U2; 12 du/acre) and Office ( H-P/O). The inclusion of a very high multifamily residential density (R-5) would be inconsistent with the surrounding approved densities; however, environmental review conducted for the Project as well as the Project’s conversion of an existing office building, clarify such impacts would not be detrimental to the surrounding properties.

However, as discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report, dated November 12, 2024, the Project does not conform to the goals and policies of the City’s 2012 General Plan which outlines requirements for common open space and recreational amenities. Due to this inconsistency as well as the lack of factors identified that have made the General Plan designation of Office for this site inappropriate from the standpoint of the general public welfare, the proposed General Plan Amendment is recommended for denial. Therefore, the proposed Zone Map Amendment for residential development is inconsistent with the existing General Plan land use designation of Office, and would not permit for residential uses on a property that is zoned Hospital Professional (H-P).

4. That the proposed change is not consistent with the adopted general plan As discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report dated November 12, 2024, the proposed Zone Map Amendment is not consistent with the adopted General Plan land use designation of Office.

Due to the proposed Project’s inconsistency with the goals and policies of the City’s 2012 General Plan, the proposed General Plan Amendment is recommended for denial. As a result of the General Plan Amendment’s denia l, the Office land use designation would 211
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remain in effect. The proposed R -5 multifamily residential zoning designation is inconsistent with the Office land use and are not compatible as detailed under Figure II - 32 of the Land Use and Community Form chapter.

5. That the proposed change of zone does not establish a residential density below 70% of the maximum permitted density of any lot or parcel of land previously zoned R-3, R-4, or R-5 unless the exceptions regarding dwelling unit density can be made pursuant to the provisions set forth in Article 6
The proposed Project does include a density that would yield 70% of the maximum density allowed under an Urban V land use designation. However, with denial of the proposed General Plan Amendment the proposed Zone Map Amendment is inconsistent with the existing General Plan land use designation. The subject site is currently zone Hospital Professional (H-P), which does not permit residential uses. Additionally, denial of the General Plan Amendment and Zone Ma p Amendment would not result in the City being unable to obtain the housing units as required by the City’s adopted 6 th Cycle Housing Element.

6. That the relationship of the proposed change is applicable to specific plans The Project site is not located wit hin a Specific Plan, and any changes to the existing zoning district are not applicable to specific plans. The proposed change is not applicable to specific plans.

Planned Development Permit Findings (PL23-0191/PL24-0215) (Section 33 -403 of Article 19 – Planned Development Zones of the Escondido Zoning Code)
With respect to the Planned Development Permit, th e City Council make the following findings for denial:

1. The location, design, and residential density of the proposed planned development is inconsistent with the goals and policies of the Escondido General Plan and any applicable specific plan or with any policies adopted by, or being considered by the Escondido city council, or in the process of being prepared and adopted
The Project includes a request to amend the City’s 2012 General Plan to amend the land use designation of the subject property from Office (O) to Urban V (U5). A Planned Development permit may only be adopted if the underlying zoning district permits the proposed use. As discus sed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report, dated November 12, 2024, the proposed General Plan Amendment is inconsistent with the goals and policies of the Escondido General Plan. Specifically, the Project as proposed does not include any common/private 212
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Exhibit “B”

open space, nor does it include any on -site recreational amenities. Article 6 (Residential Zones) of Chapter 33 (Escondido Zoning Code) enforces the requirement for common/private open space to implement goals and policies of the City’s 2012 General Plan relative to new development. Figure II -6 of the Land Use and Community Form chapter specifically notes that for Urban V designations multifamily development include common open space and recreational amenities. Based on the proposed unit count, a total of 6,400 square-feet usable open space is required; however, the Project, as designed and proposed, does not provide any open space. An approval of the General Plan Amendment would be inconsistent with the City’s goals and policies for residential development within the City.

Due to this inconsistency as well as the lack of factors identified that have made the General Plan designation of Office for this site inappropriate from the standpoint of the general public welfare , the proposed General Plan Amendment and Zone Map Amendment are denied. Therefore, the proposed Planned Development Permit for residential development is inconsistent with the existing General Plan land use designation of Office, and would not permit for residential uses on a property that is zoned Hospital Professional (H-P).

2. The proposed location allows the planned development to be well integrated with its surroundings

The proposed Project would result in conversion of an ex isting office building approved for office uses into a multifamily residential development. The existing building would remain and negligible site changes would occur as a result of the residential development.

However, the Planned Development Permit is de pendent upon the granting of the General Plan Amendment and Zone Map Amendment. Denial of the General Plan Amendment and subsequent Zone Map Amendment would result in denial of the Planned Development Permit due to the inconsistency between the proposed us e and allowable land uses set forth by the Office and Hospital Professional designations.

Due to this inconsistency as well as the lack of factors identified that have made the General Plan designation of Office for this site inappropriate from the stand point of the general public welfare , the proposed General Plan Amendment and Zone Map Amendment are denied. Therefore, the proposed Planned Development Permit for residential development is inconsistent with the existing General Plan land use designation of Office, and would not permit for residential uses on a property that is zoned Hospital Professional (H-P).

3. All vehicular traffic generated by the planned development will be accommodated safely and without causing undue congestion upon adjoining streets 213
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Exhibit “B”

The Project prepared a traffic scoping agreement which found that the traffic generated by the proposed use will not cause undue congestion upon adjoining streets. However, as discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report dated November 12, 2024, the proposed General Plan Amendment and Zone Map Amendment are not consistent with the adopted General Plan land use designation of Office . This Planned Development Permit is reliant upon the approval of the General Plan Amendment and Zone Map Amendment in order to be approved.

Due to this inconsistency as well as the lack of factors identified that have made the General Plan designation of Office for this site inappropriate from the standpoint of the general public welfare , the proposed General Plan Amendment and Zone Map Amendment are denied. Therefore, the proposed Planned Development Permit for residential development is inconsistent with the existing General Plan land use designation of Office, and would not permit for residential uses on a property that is zoned Hospital Professional (H-P).

4. The proposed location and design allow residents and business establishments proposed within the zone to be adequately serviced by existing or proposed public facilities and services and does not provide an undue or negative impact on existing public facilities and services. In appropriate circumstances, and as provided elsewhere by city code, the city may require that suitable areas for schools, parks and p laygrounds, pedestrian ways or public open spaces be dedicated for public use, or reserved by deed covenant for the common use of all residents, establishments or operations in the development

The Project site is located in an urbanized area of the City a nd is serviced by existing utility connections as it is a developed site. However, the proposed residential conversion Project includes no open space proposed. There is no existing open space on site as it was developed as an office building with parking l ot area. The Project includes and is dependent upon a General Plan Amendment to amend the underlying land use designation from O to U5. The Project include s a General Plan Amendment, Zone Map Amendment, Planned Development Permit, and Design Review Permit to facilitate the conversion of an existing office building into residential dwelling units. The Escondido Zoning Code requires the provision of common open space; however, as discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report, dated November 12, 2024, the Project is inconsistent with these requirements, and, consequently, inconsistent with the goals and policies of the City’s 2012 General Plan.

Due to this inconsistency as well as the lack of factors identified that have made the General Plan designation of Office for this site inappropriate from the standpoint of the 214
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Exhibit “B”

general public welfare , the proposed General Plan Amendment and Zone Map Amendment would be denied. Therefore, the proposed Planned Development Permit for residential development is inconsistent with the existing General Plan land use designation of Office, and would not permit for residential uses on a property that is zoned Hospital Professional (H-P).

5. The overall design of the proposed planned development does not produce an attractive, efficient and stable environment
As discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report, dated November 12, 2024, the Project does not conform to the goals and policies of the City’s 2012 General Plan which outlines requirements for common open space and recreational amenities. This requirement is enforced by the Escondido Zoning Code to ensure that attractive and efficient residential development is provided to the residents of those developments. The Planned Development would not result in the creation of an attractive, efficient, and stable environment as it would eliminate all open space.

However, due to this inconsistency as well as the lack of factors identified that have made the General Plan designation of Office for this site inappropriate from the standpoint of the general public welfare , the proposed General Plan Amendment and Zone Map Amendment would be denied. Therefore, the proposed Planned Development Permit for residential development is inconsistent with the existing General Plan land use designation of Office, and would not permit for residential uses on a property that is zoned Hospital Professional (H-P).

6. The planned development is well integrated with its settings, does not require excessive earthmoving or grading, or destruction of desirable natural features, nor is visually obstructive or disharmonious with surrounding areas and facilities, and does not substantially harm major views from adjacent properties

The Project entails conversion of an existing office building on a previously developed site, located within an urbanized area. No significant grading is required due to reuse o f a vacant office building. The proposed Project does not result in any visually obstructive or disharmonious patterns of development, nor does it harm any major views due to the existing nature of the Project site. However, as discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report, dated November 12, 2024, the Project does not conform to the goals and policies of the City’s 2012 General Plan which outlines requirements for common open space and recreational amenities.

Due to this inconsistency as well as the lack of factors identified that have made the General Plan designation of Office for this site inappropriate from the standpoint of the general public welfare , the proposed General Plan Amendment and Zone Map 215
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Exhibit “B”

Amendment would be denied. Therefore, the proposed Planned Development Permit for residential development is inconsistent with the existing General Plan land use designation of Office, and would not permit for residential uses on a property that is zoned Hospital Professional (H-P).

7. The uses proposed have a beneficial effect not obtainable under existing zoning regulations. Any departure from existing ordinance requirements shall be warranted by the desig n and the amenities incorporated in the planned development in accord with adopted city policy
The proposed residential conversion has the potential to produce 19 above moderate and two low -income units toward the City’s Regional Housing Needs Allocation ( RHNA).

However, t he subject site is not identified on the City’s Suitable Sites Inventory for potential residential development, and denial of the requested General Plan Amendment would not impede the City in achieving its housing unit goals as outlined in the City’s adopted 6th Cycle Housing Element. The City identified approximately 888 parcels throughout the City for the purposes of residential development to achieve the City’s RHNA. The City’s 6th Cycle Housing Element identifies capacity for over 12,00 0 residential units and does not identify this site as a site designated for residential development.

The Project consist of a General Plan Amendment, Zone Map Amendment, Planned Development Permit, and Design Review Permit to facilitate the residential conversion.

As discussed in the Planning Commission staff report, dated November 12, 2024, the Project does not include usable open space as required by Article 6 (Residential Zones) of the Escondido Zoning Code (Chapter 33). The Applicant has not demonstrated that they are unable to obtain the required open space under the existing zoning regulations, and is therefore, not consistent with the goals and policies of the City’s 2012 General Plan. The denial of the General Plan Amendme nt would not permit the adoption of the Planned Development Zone as outlined in Article 19 (Planned Development Zone).

Design Review Permit Findings (PL24-0229)
(Section 33-1359 of Article 64 – Design Review of the Escondido Zoning Code) With respect to the Design Review Permit, theCity Council make the following findings for denial:

1. The proposed site plan has not been designed in a manner which is compatible with the natural and urban characteristics of the site and the surrounding neighborhood
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Exhibit “B”

The Project includes a General Plan Map amendment to amend the land use designation from Office (O) to Urban V (U5) to accommodate the conversion from office to residential dwelling units. As discussed in the City Council staff report, dating December 4, 2024, and the Planning Commission staff report, dated November 12, 2024, the Project is inconsistent with the goals and policies for multi -family development as outlined in the City’s 2012 General Plan which requires provision of common open space, and amenities for the residents. The omission of common open space is inconsistent with the requirements of the Escondido Municipal Code, and with the surrounding neighborhood.

2. The bulk, scale, and architectural design of the proposed structure are compatible with the character of the surrounding neighborhood
The Project entails conversion of an existing office building previously approved for office uses. The Project does not include any changes to the structure on-site.

3. The project incorporates landscaping, irrigat ion and screening which is drought tolerant, appropriate for the site; however, project landscaping is not in compliance with the landscape standards established by the city
The Project proposes to retain some of the existing landscaping on site. However, the proposed Project is inconsistent with the landscaping and open space requirements as required by Chapter 33 (Escondido Zoning Code). Additionally, the Project is inconsistent with the goals and policies of the City’s 2012 General Plan which encourages the incorporation of common open space/recreational areas into multi -family developments, as discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report, dated November 12, 2024.

Due to this inconsistency a s well as the lack of factors identified that have made the General Plan designation of Office for this site inappropriate from the standpoint of the general public welfare , the proposed General Plan Amendment and Zone Map Amendment would be denied. Theref ore, the proposed Design Review Permit for residential development is inconsistent with the existing General Plan land use designation of Office, and would not permit for residential uses on a property that is zoned Hospital Professional (H-P).

4. All gradin g related to the project is in conformance to design standards set by Article 55, Grading and Erosion Control
The Project entails conversion of an existing office building previously approved for office uses. No grading is proposed due to the reuse of a developed site.

5. The project has not 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
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Exhibit “B”

The Project does not incorporat e applicable design review standards relative to the provision of open space as required by Article 64 for the appropriate residential category of very high multifamily residential. Article 64 (Design Review) then points back to Article 6 (Residential Zones) for requirements. While the Project could include reduced open space through the Planned Development Permit process, the proposed Project incorporates no open space and is therefore inconsistent with the 2012 General Pl an as discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report, dated November 12, 2024.

6. The project is inconsistent with the goals and objectives on the city general plan As discussed in the City Council staff report, dated December 4, 2024, and the Planning Commission staff report, dated November 12, 2024, the Project is inconsistent with the goals and objectives of the City’s adopted 2012 General Plan. The denial of the General Plan Amendme nt creates an inconsistency between existing General Plan land use designation and the proposed zoning amendment.

Density Bonus Findings (Section 33 -1419 (d) of Article 67 – Density Bonus and Residential Incentives)

1. The Project includes a General Plan M ap amendment to amend the land use designation from Office (O) to Urban V (U5) to accommodate the conversion from office to residential dwelling units. As discussed in the City Council staff report , dated December 4, 2024 , and the Planning Commission staff report, dated November 12, 2024, the Project is inconsistent with the goals and policies for multifamily development as outlined in the City’s 2012 General Plan which requires provision of common open space, and amenities for the residents. The approval of the Project is contingent on the approval of the requested General Plan Amendment in order to facilitate the development of the residential units as residential uses are not permitted within the existing underlying district of Hospital Professional (H-P).

2. The City has a legitimate int erest in ensuring that development within the city conforms to the circulation element of the general plan . The requirement to dedicate a two -foot public right of way in the area that is an existing alley substantially furthers that goal and in no way impa cts the owner’s viable use of their land. The dedication requirement along the alleyway does not physically impede the Project’s ability to be developed at the proposed density as the dedication requirement would not impact the amount of space available fo r the 218
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Project. Therefore, the request to waive the dedication requirement does not meet the definition of a waiver under SDBL.

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Exhibit “C”

Exhibit “C”
Project Case Nos.: PL23-0190/PL24-0225/PL23-0191/PL24-0215/PL24-0229

The architectural drawings are copy-right protected. Please contact the case planner at [email protected] for further information.
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STAFF REPORT

December 4, 2024
File Number 0830-20

SUBJECT

PL24-0183 – 900 W MISSION AVENUE CUP MODIFICATION

DEPARTMENT
Development Services Department, Planning Division

RECOMMENDATION
Request that the City Council adopt Resolution No. 2024-183 denying the project and instead approving as an alternative the adoption of an addendum to the previously adopted Initial Study/Mitigated Negative Declaration and the recommended Alternative Option.

Staff Recommendation: Approval of Alternative Option (Development Services Department: Deputy City Manager/Interim Director of Development Services, Christopher McKinney)

ALTERNATE RECOMMENDATION
If the City Council intends to approve th e Project or consider a fair share requirement, the following options are available:

1. Project/Applicant’s request: Remove only the requirement to install a traffic signal at Lincoln Ave/Rock Springs Rd as a result of a financial hardship (i.e., removal of Engineering Condition of Approval No. 5, as well as removal of TRA-1 from the conditions of approval);

2. Alternative Option (Fair Share): Modify only the requirement to construct the offsite Lincoln Ave and Rock Springs Rd traffic signal by amending conditions of approval (i.e., Engineering Condition No. 5, and TRA-1 and TRA-2) and have the applicant pay a fair-share cost of this traffic signal for installation at a later time by the City. All other conditions of approval would remain.

Presenter: Oscar Romero, Principal Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The analysis provided below is only intended to address the financial impacts based on the various options outlined in this report.
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 Project/Applicant’s Request: Yields a cost savings of approximately $560,000 to the applicant.

Cost to the City is unknown at this time as the municipal cost to construct a traffic signal fluctuates based on time of procurement due to market costs of material and labor. Eliminating th is requirement would result in a fiscal obligation to the City to construct the traffic signal at a future time when funding is available.
 Alternative Option (Recommended Alternative): Yields a cost savings to the Applicant of approximately $600,000. Cost to the City is unknown at this time. However, at a future point in time, should the City widen this portion of Mission to its ultimate right -of-way width, the City would be the entity improving this frontage in lieu of the applicant and responsible for all costs.  Alternative Option (Fair Share): Yields a cost savings to the Applicant of approximately $481,600.

Under this option, the Applicant would be responsible for paying approximately $78,400 toward the construction of the traffic signal, to be undertaken at a future time by the City. The Applicant would still be responsible for construction of the frontage improvements along Mission Road.

PREVIOUS ACTION
On January 13th, 2021, the City Council adopted a General Plan Amendment, Zone Map Amendment, and Conditional Use Permit (PHG19-0049) for development of a gasoline service station and convenience store with concurrent sale of alcoholic beverages (beer and wine) (“Approved Project”) on the Project site. The Approved Project plans are provided under Attachment “5” for reference. The Approved Project also included adoption of a Mitigated Negative Declaration (MND) (ENV19 -0006) and Mitigation Monitoring and Reporting Program (“MMRP”). The MND contained mitigation measures, adopted for the Approved Project, to reduce potential impacts to cultural/tribal cultural resources, geology, noise, and traffic and can be referenced in Exhibit “D” (Revised MMRP) of Resolution No. 2024-183.

On November 12, 2024, the Planning Commission held a duly noticed public hearing for the Project. During the November 12th meeting, the Planning Commission raised a number of concerns regarding safety; fair share requirements; adherence to the General Plan; and environmental metrics for analysis of the Project.

In summary, the Planning Commission concluded the Project is not consistent with the General Plan’s Quality-of-Life LOS thresholds, and did not warrant waiving of Engineering’s traffic signal condition as proposed by the Applicant.

Ultimately, the Planning Commission voted 5 – 0 (two excused absences) to adopt Resolution No. 2024 - 21, recommending denial to the City Council of the Project as proposed, and adoption of the Addendum to the Mitigated Negative Declaration and approval of Alternative Option (Recommended Alternative).

BACKGROUND
Ilan Golcheh (“Applicant”) requests a modification to the previously approved Conditional Use Permit and its conditions of approval. Specifically, the Applicant requests the removal of Condition of Approval No. 5 222
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(refer to Attachment “1”), which requires the Applicant to install a traffic signal at the intersection of West Lincoln Avenue and Rock Springs Road (see Attachment “2” – Golcheh Group Letter to City Council and Staff).

As part of the Project, the Applicant requests adoption of an Addendum to the adopted Mitigated Negative Declaration to clarify the environmental record as it relates to the appropriate metric for assessing traffic impacts under CEQA. Specifically, the Applicant requests to remove mitigation measures TRA-1 and TRA-2. It should be noted that TRA-1 and TRA-2 appear both within the adopted MMRP for the Approved Project as well as within the adopted resolution’s condition s of approval (“TRA -1” and “TRA - 2”). While staff and the Planning Commission recommend denial of the Project, staff and Planning Commission recommend the City Council adopt the addendum prepared for the Project, as staff supports the request to remove Mitig ation Measures TRA-1 and TRA-2 from the adopted MMRP for purposes of clarifying the environmental record.

Alternative Option (Recommended Alternative):

The Applicant stated financial hardship as the reason for their request to eliminate the requirement t o construct the traffic signal at Lincoln Ave and Rock Springs Rd. In an effort to accommodate the Applicant and maintain consistency with the General Plan, staff and the Planning Commission recommend retaining the requirement to construct the traffic sign al and instead eliminate the requirements to improve the Mission Avenue frontage, yielding similar cost savings to the Applicant.

As discussed in Attachment “1”, staff recommends denial of the Project due to the requested modification conflicting with the General Plan’s Quality -of-Life threshold requirement related to Level of Service (“LOS”) for intersections within the City. The City’s adopted General Plan identifies LOS as a threshold for development within the City. The Approved Project’s consistency with the General Plan is dependent upon conforming to the LOS threshold within the General Plan, and the Approved Project met this LOS threshold through the installation of the traffic signal at the Lincoln Ave and Rock Springs Rd intersection. Without the traffic signal at this intersection, the Approved Project’s impacts to this intersection ’s LOS values exceed the threshold identified in the General Plan. Therefore, complete removal of the traffic signal from the Approved Project would be inconsistent with the General Plan. This inconsistency with the General Plan is the reason for staff’s A lternative Option (Recommended Alternative) which balances providing financial relief to the Applicant while still resulting in construction of the traffic signal.

Attachment “3” of this report provides an excerpted version of the draft conditions of approval based on the Alternative Option (Recommended Alternative) for reference. Resolution No. 2024 -183 reflects the Alternative Option (Recommended Alternative), and if the City Council chooses to approve the Alternative Option (Recommended Alternative), the motion would be to adopt the Resolution as-is.

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ENVIRONMENTAL ANALYSIS
Project approval would rely on the previously adopted Mitigated Negative Declaration (MND) for purposes of environmental review. As part of the Alternative Option (Recommended Alternative), an addendum to the previously adopted MND was prepared i n accordance with Section 15164 (Addendum to an EIR or Negative Declaration) of the California Envir onmental Quality Act ( “CEQA”). An Addendum may be prepared for a MND when none of the conditions described in Section 15162 (Subsequent EIRS and Negative Declaration) calling for preparation of a subsequent negative declaration have occurred.

Based on the analysis contained in the Addendum, none of the conditions described in Section 15162 have occurred. The Addendum was drafted as a result of a change from methodologies related to traffic impacts analysis and the use of LOS versus Vehicle Miles Travelled (“VMT”). During the submittal and review of the Project, CEQA review for traffic analysis required LOS as the methodology of review until mid-year 2020. The mitigation measures related to Traffic Impacts (TRA-1 and TRA-2) analyzed within the adopted MND utilized the LOS methodology as discussed in the Integrated Engineering Group (IEG) Traffic Impact Study (TIA), dated October 2020 . Additional clarification is outlined within the Addendum prepared under Exhibit “C” of Resolution No. 2024 -183. Projects submitted prior to July 1, 2020 were reviewed under LOS, and pursuant to Senate Bill 743 (SB 743), LOS was replaced with VMT as a means of analyzing traffic impacts under CEQA.

If the City Council chooses to recommend approval of the Project/Applicant’s Request or approve Alternative Option (Fair Share), both would include adoption of the addendum prepared and rely on the previously approved MND.

CONCLUSION AND STAFF/PLANING COMMISSION RECOMMENDATION
The Project was noticed in accordance with Article 61, Division 6 Public Hearings, Notices, Public Notices, Fees and Appeals of the Escondido Zoning Code. Pursuant to Section 15164 (c) of CEQA, an Addendum need not be circulated for public review. City staff received one written public comment in opposition of the Project prior to the Planning Commission meeting, which is provided under Attachment “6”.

The Applicant’s request is to omit a previously approved Engineering Division condition of approval to install a traffic signal at the Lincoln Ave and Rock Spri ngs Rd intersection . The condition is required to implement policies in the City’s adopted 2012 General Plan as it relates to Quality -of-Life Standards , specifically LOS . City staff evaluated the Applicant’s request, and in an effort to accommodate the identified financial burden to the Applicant, recommend approval of the Alternative Option (Recommended Alternative) to eliminate frontage improvements on Mission Avenue thus yielding similar cost savings to the Applicant, and retain the requirement to construct the traffic signal as it is necessary for consistency with the City’s General Plan.
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Based on the analysis contained in this Staff Report and Attachment “1”, City staff recommend that the City Council adopt Resolution No. 2024 -183 denying the request t o modify a Conditional Use Permit to remove the requirement to install a traffic signal, and instead approving the adoption of an addendum to the previously adopted Initial Study/Mitigated Negative Declaration and the recommended Alternative Option (Recommended Alternative).

ALTERNATIVE CITY COUNCIL ACTION
The City Council may decide to approve an alternative action to that of staff’s recommendation. Below are two alternative actions:

Project/Applicant’s Request:

If the City Council chooses to approve the Project/Applicant’s request, the motion must include justification of the following Conditional Use Permit findings (refer to Attachment “4” for the Applicant’s provided justification), and include a statement to incorporate and retain TRA-2 within the Conditions of Approval:

1. A conditional use permit should be granted upon sound principles of land use and in response to services required by the community.

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.

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.

Alternative Option (Fair Share):

If the City Council chooses to approve the Alternative Option (Fair Share), the motion would be to direct staff to modify the language of Engineering Condition of Approval No. 5 to account for only fair share requirements be required; to remove TRA -1 from the conditions of approval, and; retain TRA -2 as a condition of approval.

RESOLUTIONS
a) Resolution No. 2024-183
b) Resolution No. 2024-183—Exhibit “A” – Legal Description c) Resolution No. 2024-183—Exhibit “B” – Findings of Fact d) Resolution No. 2024 -183—Exhibit “C” – Addendum to adopted Mitigated Negative Declaration
e) Resolution No. 2024 -183—Exhibit “D” – Revised Mitigation Monitoring and Reporting Program
f) Resolution No. 2024-183—Exhibit “E” – Conditions of Approval 225
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ATTACHMENTS
a) Attachment “1”—Planning Commission report dated November 12, 2024 b) Attachment “2”—Letter from property owner to City Council and staff dated June 17, 2024
c) Attachment “ 3”—Strikethrough/Underlined Draft Modifications to Conditions of Approval
d) Attachment “4”—Applicant Provided Findings of Fact
e) Attachment “5”—Approved Project Plans (PHG19-0049)
f) Attachment “5”—Public Comment Letter

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DATE: November 12, 2024
PL24-0183 – 900 W Mission Avenue
PROJECT NUMBER / NAME: PL24-0183 – 900 W Mission Avenue CUP Modification REQUEST: Modification to a previously approved Conditional Use Permit (PHG19-0049) to remove a condition of approval requiring installation of a traffic signal at the Rock Springs Rd and Lincoln Ave intersection (“Project”). The previously approved Conditional Use Permit (PHG19-0049) entitled the Project site for development of a gasoline service station and convenience store with concurrent sale of alcoholic beverages (beer and wine). The Project also includes an addendum to the previously adopted IS/MND prepared for the Project.

PROPERTY SIZE AND LOCATION: The 1.14-acre site is
located at the northwest corner of West Mission
Avenue and Rock Springs Road. The site is addressed
as 900 West Mission Avenue, Escondido, CA 92025
(Assessor’s Parcel Numbers: 228 -220-43-00; 228-220-
13-00).

APPLICANT: Ilan Golchech, Golchech Group
GENERAL PLAN / ZONING: General Commercial (GC) /
General Commercial (C-G)
PRIMARY REPRESENTATIVE: Ilan Golcheh, Golcheh Group
DISCRETIONARY ACTIONS REQUESTED: Modification to the Conditional Use Permit (PHG19-0049) PREVIOUS ACTIONS: On December 8, 2020, the Planning Commission adopted Resolution No. 2020-19 (PHG19- 0049/ENV19-0006) recommending approval of a Conditional Use Permit for a gasoline station and convenience store with concurrent sale of alcoholic beverages at 900 W Mission Avenue to the City Council. On January 13, 2021, the City Council adopted Resolution No. 2021-05 approving the Conditional Use Permit and adopting the Initial Study/Mitigated Negative Declaration for the Project.

CEQA RECOMMENDATION: In accordance with the California Environmental Quality Act (CEQA) Section 15164 (Addendum to an EIR or Negative Declaration), an addendum to remove two mitigation measures to the adopted Mitigated Negative Declaration (ENV19-0006) has been prepared. Staff recommend adoption of the addendum prepared.

STAFF RECOMMENDATION: Denial of the Project and Approve Alternative Option 1 (Recommended Alternative) REQUESTED ACTION: Adopt Planning Commission Resolution No. 2024-21 CITY COUNCIL HEARING REQUIRED: _X__YES ___NO
58 Item 3.

STAFF REPORT
Attachment "1"
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REPORT APPROVALS: X Dare DeLano, Assistant City Attorney X Veronica Morones, City Planner

59 Item 3.

Attachment "1"
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BACKGROUND
On January 13th, 2021, the City Council adopted the following resolutions and ordinances for the subject property:

1. Ordinance No. 2021 -01 – Zoning Map Amendment rezoning the property from Light Industrial (LI) to General Commercial (C-G);

2. Resolution No. 2021 -04 - General Plan Amendment amending the Light Industrial (LI) to General Commercial (GC);

3. Resolution No. 2021-05 - Conditional Use Permit for gas station/convenience store with alcohol sales.

The approved Project also include d adoption of a Mitigated Negative Declaration (MND) (ENV19-0006) and Mitigation Monitoring and Reporting Program . The MND contained mitigation measures to reduce potential impacts to cultural/tribal cultural resources, geology, noise, and traffic and can be referenced under Attachment 6.

SUMMARY OF REQUEST
Ilan Golche h (“ Applicant”) request s a modification to the previously approved Conditional Use Permit and its conditions of approval. Specifically, the Applicant requests the removal of Condition of Approval No. 5, which requires the Applicant to install a traffic signal at the intersection of West Lincoln Avenue and Rock Springs Road (see Attachment 2 – Golcheh Group Letter to City Council and Staff) (“Project”).

Traffic Engineering Condition of Approval No. 5: “The Developer shall construct a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue prior to project occupancy. The Developer shall submit separate traffic signal and signing and striping improvement plans prepared by a Traffic Engineer for review and approval by the City Engineer. The traffic signal design shall be per current City, Caltrans, and MUTCD Standards and shall include video detection, APS, and interconnect conduits and cables to an existing traffic signal controller. The Developer’s 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.”
Additionally, the Project includes adoption of an Addendum to the adopted Mitigated Negative Declaration to clarify the environmental record as it relates to the appropriate metric for assessing traffic impacts under CEQA .

Specifically, the Applicant requests to remove mitigation measures TRA-1 and TRA-2 as shown below:

TRA-1: “Prior to occupancy, a signal shall be constructed and operational at the intersection of Rock Springs Road and W. Lincoln Avenue. All proposed transportations improvements within the City shall be constructed to the satisfaction of the City Engineer.”
TRA-2: “Prior to occupancy, the proposed project shall construct appropriate improvements and/or signage (as determined by the City’s Engineering Services Division) at the proposed driveway on Rock Springs Road to restrict egress to right-out only (left out restricted). This proposed physical improvement is necessary to reduce the number of northbound trips from the Project along Rock Springs Road and also will provide the opportunity to extend the southbound left-turn lane capacity at the intersection of W. Mission Avenue and Rock Springs Road up to 280 feet.”
60 Item 3.

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It should be noted that TRA -1 and TRA -2 appear both within the adopted Mitigation Monitoring and Reporting Program (MMRP) for the original project as well as within the adopted resolution’s conditional of approval (denoted as “TRA-1” and “TRA-2”).

ISSUES/CONCERNS
As discussed, the Applicant requests the removal of Condition of Approval No. 5 requiring the installation of a traffic signal at Lincoln/Rock Springs to alleviate financial hardships for the Project (see Attachment 3 – Applicant Justification). After further review and analysis by staff, City staff recommend the Planning Commission retain the requirement to install the traffic signal and instead waive the frontage improvements along Mission Road (“Recommended Alternative”). A summary of the Planning Commission’s options is provided below for consideration:

1. Project/Applicant’s request: Remove only the requirement to install traffic signal at Lincoln/Rock Springs to remove financial hardship (i.e., removal of Engineering Condition of Approval No. 5, as well as removal of TRA-1 from the Conditions of Approval);

2. Alternative Option 1 (Recommended Alternative): Recommend denial of the Project/Applicant’s Request, as well as recommend to the City Council they waive frontage improvement requirements to offset cos t.

Frontage improvements include the widening of Mission Avenue, a new curb return at the Project corner of Mission and Rock Springs , relocation of a large power pole, overhead lines and traffic signal poles, and the subsequent condition to add protected left turns to the Rock Springs and Mission traffic signal. The Applicant would still be required to dedicate to the City for future improvement of the frontage to be conducted by the City at a later time.

It is importan t to note the Recommended Alternative includes nominal clean up to Resolution 2021 -05’s Conditions of Approval by moving conditioned mitigation TRA -1 and TRA -2 to the Engineering section of the approved conditions and identifies them as new Condition of Approval Nos. 17 and 18.

3. Alternative Option 2: Modify only the requirement to construct the offsite Lincoln and Rock Springs traffic signal by amending condition of approval s (i.e., Engineering Condition No. 5 , and TRA -1 and TRA -2) to require the Applicant pay a fair-share cost of this traffic signal for installation at a later time by the City. All other conditions of approval would remain (i.e., the frontage improvements would be required under this alternative).

4. Denial of Applicant’s Request: Recommend denial of the Project/Applicant’s request to the City Council with no alternative. This would retain the Project as previously approved and conditioned.

The draft Conditions of Approval (see Exhibit “E” of Attachment 6) in the draft Planning Commission Resolution No. 2024-21 (Attachment 6) reflect the Recommended Alternative option (no. 2 above). The Recommended Alternative would deny the Project/Applicant’s Request and also eliminate five conditions associated with the required frontage improvements while retaining the requirement to construct the traffic signal. Attachment 4 includes the excerpted conditions of approval in a strikethrough/underlined format to show which conditions would be modified under the Recommended Alternative option.

If the Planning Commission chooses solely to recommend denial of the Project/Applicant’s request, the motion may state such; however, if the Planning Commission recommends Alternative Option 2, the motion must include the modified condition language for fair share contributions so that City staff may update the Conditions of Approval 61 Item 3.

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to reflect the chosen option. A motion to recommend Alternative Option 2 would need to address Engineering Condition of Approval No. 5, and the conditions titled TRA-1 and TRA-2.

If the Planning Commission chooses to recommend approval of the Project/Applicant’s request , the motion must include justification of the following Conditional Use Permit findings , and include a statement to incorporate and retain TRA-2 within the Conditions of Approval:

1. A conditional use permit should be granted upon sound principles of land use and in response to services required by the community.

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.

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.

PROJECT ANALYSIS

1. General Plan Conformance:
a. Mobility and Infrastructure (Circulation Element)

Street Network Policy 7.3: Strive to maintain LOS C or better throughout the city except for within the urban core. Establish LOS D as the threshold for determining significant impacts and appropriate mitigation. Due to physical design characteristics, implementation of pedestrian -oriented “smart growth‟ and Complete Streets design improvements, high density infill areas, environmental resource considerations, existing development, freeway interchange i mpacts, and incomplete system improvements, alternative levels of service may be appropriate for isolated areas as determined by the city.

The Traffic Impact Study (TIS) conducted by IEG (dated October) 2020 studied four intersections: West Lincoln Avenue and Rock Springs Road; West Mission Avenue and Rock Spring Road; West Mission Avenue and North Quince Street; and West Mission Avenue and Metcalf Street. The study’s methodology utilized Level of Services (LOS) similar to the General Plan use of LOS in a comparison of “apples to apples.” The assessment of the intersection analyzed its existing state (without the Project), with the Project, and various future scenarios. The study indicated that of the four intersections studied, only one is currently operating at a level below LOS “C ” which is located at West Lincoln Avenue and Rock Springs. The study characterizes the existing Level of Service at the Rock Springs Road and West Lincoln intersection as functioning at a LOS of “F” , and with the proposed Project, would continue to function at a LOS of “F”. The study identified installation of a traffic signal at this location would improve the Level of Service to “C”, and maintain consistency with the General Plan policies related to Quality of Life.

Street Network Policy 7.7: Require new development projects to analyze local traffic impacts, and construct and implement the improvements required for that development. 62 Item 3.

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As discussed throughout this staff report, a Traffic Impact Study (dated October 2020) was prepared for the approved Project. Based on the analysis contained within the study, the approved Project would result in a degradation in the LOS at the intersectio n of Rock Springs Road and West Lincoln. Due to this, the approved Project was conditioned to install a traffic signal at the affected intersection to conform the City’s Quality of Life Standards. Therefore, the requirement to provide the traffic signal at this location aided in the justification of the Conditional Use Permit’s ability to comply with the General Plan.
b. Housing Element and “No Net Loss”

The City is taking steps to encourage, promote, and facilitate the development of housing consistent with policies 1.1 and 2.1 of the Housing Element of the General Plan, while accommodating the City’s share of regional housing needs, consistent with Government Code section 65584. No Net Loss Law (Government Code section 65863) ensures development opportunit ies remain available throughout the planning period to accommodate a jurisdiction’s Regional Housing Needs Allocation (“RHNA”), especially for lower- and moderate-income households. In general, jurisdictions cannot approve new housing at significantly low er densities or at different income categories than was projected in the Housing Element without making specific findings and identifying other sites that could accommodate these units and affordability levels “lost” as a result of the approval. The so -called “no net loss” provisions apply when a site is included in the jurisdiction’s Housing Element’s inventory of sites and is either rezoned to a lower residential density or is approved at a lower residential density than shown in the Housing Element. (Gov’t Code § 65863(b)).

The Project site is not identified in the City’s General Plan Housing Element Suitable Sites Inventory for the 6th RHNA Planning Cycle. Because the provision of “no net loss” applies to housing located on any site listed in the City’s Housing Element, the City does not need to determine if this Project or a decision related to this Project would be subject to No Net Loss Law and its remedies.

2. Zoning Conformance:

The approved Project was analyzed for conformance with Chapter 33 of the Escondido Municipal Code. The Applicant’s request to remove the traffic signal requirement at an off-site location would not conflict with the City’s Zoning Ordinance; however, it would result in Level-of-Service issues inconsistent with the City’s General Plan Quality of Life Thresholds. The Project Applicant proposes no changes to the development of the site as a part of their request. However, the Recommended Alternative would result in off-site changes immediately adjacent the Project site’s frontages. However, these potential changes would not conflict with the City’s Zoning Ordinance, as they are not requirements of the Chapter 33 of the Municipal Code. The Project is a request to modify a Condition of Approval, and does not apply to on -site improvements. The Planning Commission report for the Approved Project is attached for reference only (see Attachment 04 – Planning Commission staff report dated December 08, 2020).

An addendum to the originally adopted IS/MND is included as part of the action before the Planning Commission. The request to clarify the environmental record by removing the two traffic mitigation measures pertaining to the traffic signal is appropriate, as described in the Environmental Analysis section of this report and would comply with Article 47 (Environmental Quality) of the Zoning Ordinance. 63 Item 3.

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3. Climate Action Plan Consistency:

A project specific Air Quality and Greenhouse Gas (GHG) Emissions Impact Analysis was conducted for the Approved Project. Air Quality impacts are less than significant as was discussed in the adopted Mitigated Negative Declaration, and no mitigation is required. The Project does not include changes to the Air Quality and GHG analysis.

4. Site Design
As discussed, the approved Project was analyzed for conformance with the standards of the Escondido Zoning Code (Chapter 33), and the Project does not propose any modifications to the on-site improvements.

The site design analysis related to grading, Project access and circulation, building orientation, and parking were analyzed as part of the approved Project. The site plan has been provided for referenced only (see Attachment 05 – Approved Site Plans)

FISCAL ANALYSIS
The analysis provided below is only intended to address the financial impacts based on the various options relative to the Conditions of Approval.

1. Project/Applicant’s Request: The Applicant’s request to remove Engineering Condition of Approval No. 5 and TRA-1, requiring construction of a traffic signal at the intersection of Rock Springs and Lincoln results in a cost savings to the Applicant of approximately $560,000. However, the cost to the City is fully unknown at this time as the municipal cost to construct a traffic signal fluctuates based on time of procurement due to market costs of material and labor. Eliminating this requirement would result in a fiscal onus for the City to construct the traffic signal at a future time when funding is available.

2. Alternative Option 1 (Recommended Alternative): Staff’s recommendation to require construction of the traffic signal and instead eliminate frontage improvements along Mission Road results in a cost savings to the Applicant of approximately $600,000. Eliminating the Applicant’s requirement to improve their site’s frontage would not cost the City immediately at this time. However, at a future point in time, should the City widen this portion of Mission to its ultimate right-of-way width, the City would be the entity improving this frontage in lieu of the Applicant and responsible for all costs.

3. Alternative Option 2: This alternative option would retain frontage improvement requirements but modify the requirement to construct the traffic signal to that of the Applicant paying a fair -share cost . This alternative option would result in a cost savings to the Applicant of approximately $481,600. An analysis conducted by Fehr & Peers concluded that a fair -share cost to construct the traffic signal based on the approved Project is approximately 14% of the cost to construct the signal. Under this option, the Applicant would be responsible for paying approximately $78,400 toward the construction of the traffic signal, to be undertaken at a future time by the City. The Applicant would still be responsible for construction of the frontage improvements along Mission Road.

As noted above, the cost to the City to construct the traffic signal is unknown; however, Alternative Option 2 would still result in a cost burden to the City at a future time of signal improvement. 64 Item 3.

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4. Denial of Applicant’s Request: Recommending denial of the Project would result in no fiscal impacts and the developer would be responsible for payment of all impact fees and improvements associated with the previous approval.

ENVIRONMENTIAL ANALYSIS
In accordance with Section 15164 (Addendum to an EIR or Negative Declaration) of the California Environmental Quality Act (CEQA) , an Addendum to the Mitigated Negative Declaration (MND) was prepared to clarify the environmental record. An Addendum may be prepared for a MND when none of the conditions described in Section 15162 (Subsequent EIRS and Negative Declaration) calling for preparation of a subsequent negative declaration have occurred.

Based on the analysis contained in the Addendum, none of the conditions described in Section 15162 have occurred.

The Addendum (Exhibit “C” under Attachment 7) serves to clarify the record as it relates to the environmental review. Further, the Recommended Alternative would be covered under the previously prepared and adopted MND.

At the time of the original project review, CEQA methodology related to traffic i mpact analyses was in a state of change. Prior to 2020, Level of Service (LOS) was the applicable CEQA metric for determining traffic impacts; however, Senate Bill 743 (SB 743) ushered in a new metric: Vehicle Miles Travelled (VMT). During the submittal and review of the approved project, the review for traffic analysis entailed both LOS and VMT as the methodology of review. However, pursuant to SB 743, only VMT was (and still is) the applicable metric for purposes of CEQA .

Therefore, the previously identified mitigation measures related to LOS-specific traffic impacts (TRA-1 and TRA-2) analyzed within the adopted MND and as discussed in the Integrated Engineering Group (IEG) Traffic Impact Study (TIA) (dated October 2020), are technically not applicable for the purposes of CEQA and are proposed for removal from the adopted Mitigation Monitoring and Reporting Program under the Addendum.

PUBLIC INPUT
The Project was noticed in accordance with local (Article 61, Division 6) and state requirements. Pursuant to Section 15164 (c) of CEQA, an Addendum need not be circulated for public review. At the time of writing this staff report, one public comment in opposition of the Project has been received (Attachment 8).

CONCLUSION AND RECOMMENDATION
The Applicant requests to remove a previously approved project requirement for construction of a traffic signal at the intersection of Rock Springs Road and W. Lincoln Avenue (Engineering Condition of Approval No. 5 and Condition of Approval TRA-1 from Resolution No 2021-05). These conditions are required to support policies in the City’s adopted 2012 General Plan as they relate to Quality -of-Life Standards. City staff evaluated the Applicant’s request, and conclude construction of the traffic sign al is necessary for consistency with the City’s General Plan.

City staff recommend denial of the Project along with a Recommended Alternative to alleviate financial burdens to the Applicant while still conforming to the City’s adopted General Plan.

Based on the analysis contained in this staff report, City staff recommends the Planning Commission adopt Resolution No. 2024-21, recommending denial of the Project and recommending approval of Alternative Option 1 (Recommended Alternative) to retain Engineering Condition of Approval No. 5 and to clarify nominally TRA-1 and 65 Item 3.

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TRA-2 as conditions not mitigation , thus maintaining the requirement to construct the traffic signal at Lincoln Avenue and Rock Springs Road, and to remove the requirements to construct frontage improvements along Mission Avenue identified within Engineering’s Conditions of Approval Nos. 2, 3, 6, and 15, and Fee Condition of Approval No. 2 (all of Resolution No. 2021-05) to the City Council.

ATTACHMENTS

1. Location and Zoning

2. Planning Commission report dated December 08, 2020

3. Letter from property owner to City Council and staff (dated June 17, 2024)

4. Strikethrough/Underlined Conditions of Approval

5. Applicant justification for removal of mitigation measures and conditions of approval

6. Approved Project Plans (for reference only)

7. Draft Planning Commission Resolution No. 2024-21, including Exhibits “A” – “E”

8. Public Comment

66 Item 3.

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Golcheh Group | 1180 S Beverly Dr. Los Angeles, CA Suite 300 | (310) 923-2594 Ju
ly 17 2024
Dear Honorable Members of the Escondido City Council,
I hope this letter finds you well. I would like to take a moment to commend the City of Escondido for its vibrant community and commitment to growth and development. The city's dedication to preserving its beautiful parks, dynamic cultural scene, and thriving local businesses make it a wonderful place to rich history while fostering innovation and inclusivity is truly commendable. Escondido’s live, work, and visit. It is with great respect and admiration for our city that I write to you today.

Tha
nk you very much for your consideration of our situation and our desire to develop this critical corner at 900 W Mission according to your vision.

It
is important that we all pay our "fair share." I would like to emphasize that fairness is our fundamental principle. It is evident by the fact that in over 40 years of real estate development, we have never been involved in legal disputes in a court of law. This speaks volumes about our commitment to fairness and integrity.

OUR REQUEST
With this in mind, we respectfully request that the City Council remove the condition requiring our project to install a traffic signal at Rock Springs and Lincoln from the Mitigated Negative Declaration (MND) through an addendum. This will allow us to develop our project and greatly enhance the community.

Ple
ase allow me to address two critical points that illuminate our request:

A. Fulfilling Our Fair Share Responsibilities

1. Ec
onomic Enhancement and Job Creation
We are investing significant resources to construct a beautiful building and develop the corner of this intersection. This project will generate economic growth and create jobs and enhance the community.

2. Inte
rsection Improvements
We are also undertaking extensive improvements to the intersection, including installing curbs, gutters, sidewalks, and a traffic light. A fair argument could be made that these enhancements, which are on city property, should be funded by the city. Nevertheless, we are covering 100% of these costs.

Attachment "2"
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Golcheh Group | 1180 S Beverly Dr. Los Angeles, CA Suite 300 | (310) 923-2594

B. Man aging Financial Challenges

We currently lack the financial capacity to fund improvements for an additional intersection beyond our own. The economic landscape has drastically changed since the project's inception five years ago. Here are the key reasons for our financial constraints:

1. Tenant Challenges
When we purchased this property, the previous owner informed us that the existing tenant was on a month-to-month lease. However, after closing, the tenant claimed to have a long- term lease, asserting that his son, who had no authority, signed the estoppel certificate. To avoid validating the tenant's claim, our attorney advised us not to accept any rent payments.

We aimed to avoid litigation with both the tenant and the previous owner. Consequently, we received no income from the tenant and ultimately had to pay substantial sums to have the tenant vacate the property, along with ongoing legal fees. This unforeseen issue has further strained our project's finances.

2. Homelessness, Drugs, and Prostitution Challenges
This project was initially expected to be completed three years ago. After evicting the tenant, the property became a hub for homeless individuals, drug dealers, and prostitution. The city fined us repeatedly and eventually forced us to demolish the building. This situation prevented us from renting out the property and generating income. Additionally, we have incurred significant expenses, to demolishing the building, to maintain and clean the property, as mandated by the city.

3. Increased Carry Costs Challenges
Interest rates have soared, causing our borrowing costs to increase by over 250%. The mortgage expenses for this project have become a substantial financial burden.

4. Higher Interest rates, casing to lower the price Challenges As interest rates rise, the cost of getting a loan on behalf of the buyer also increases. In order for the buyers to have the same return as the past. This forces us to lower our sale price significantly, diminishing the property's value.

5. Impact of COVID-19 Challenges
The pandemic adversely affected many businesses, including ours. Unlike others, we did not seek or receive any (none) government assistance, which has further strained our resources.

6. Architectural Delays Challenges
Our local architectural firm, ACT Design, lost several key personnel during the pandemic, causing significant delays in the project completion. As of yet the firm has not been able to retain all the people that they lost

7. City Staff Shortages Challenges
Attachment "2"
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Golcheh Group | 1180 S Beverly Dr. Los Angeles, CA Suite 300 | (310) 923-2594 The city's staffing issues have led to prolonged approval processes, incurring additional costs for us.

8. 7-Eleven Acquisition Delays
The $21 billion acquisition of Speedway Oil by 7-Eleven caused management upheavals. Three times the entire staff of 7 eleven has changed. Each new management team, required substantial changes in the plans. the constant changes and delays, impacting our project timeline.

9. Rising Construction Costs
Construction expenses have skyrocketed, exceeding our original budget and depleting our funds.

10. Rent Price Stagnation
We signed the lease five years ago, and since then, the cost of everything has increased significantly. However, the rent price has remained unchanged, devaluing the property and the eventual building to be constructed. This situation has left us with no additional funds for further developments.

11. Lack of Precedent
In my experience, no city has ever required developers to improve unrelated intersections. This request is unprecedented and fundamentally unfair.

Considering all these challenges, this project has cost us far more than anticipated. We have no financial means to undertake any additional obligations. Our best hope is to complete the project and maybe if we are lucky to break even after five years of hard work. During this time, we have had to borrow money to cover living expenses and avoid financial collapse. If the city insists on additional financial burdens, it will jeopardize the project, leaving the area undeveloped and plagued by illegal activities. In this event the project will foreclose and it will be lose, lose for all.

If the city is committed to community development and economic growth, it should reconsider its request for us to fund improvements to another intersection which really has nothing to do with us. I kindly ask that the City Council to recognize our Commitment and our fairness and allow this project to proceed.

Therefore, considering the eleven significant challenges we have faced over the past five years, we earnestly request the City Council's understanding and support. We kindly ask that the condition requiring our project to install a traffic signal at Rock Springs and Lincoln be removed from the Mitigated Negative Declaration (MND) through an addendum. Your compassion and consideration in this matter would greatly alleviate the financial and logistical burdens on our project, allowing us to move forward successfully.

Attachment "2"
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Golcheh Group | 1180 S Beverly Dr. Los Angeles, CA Suite 300 | (310) 923-2594 Thank you for your time, understanding, fairness, and commitment to making our city great.

Morrie Golcheh
President
[email protected]

Golcheh Group
1180 S Beverly Dr, Suite 300
Los Angeles, CA 90035
Tel: (310) 266-6858

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Attachment “3”

PLANNING CASE NO. PL24-0183

EXCERPTED STRIKETHROUGH/UNDERLINED CONDITIONS OF APPROVAL Text shown in strikethrough is proposed for removal.

Text shown in bold/underline is proposed.

F. Mitigation Measures:

TRA-1 Removed by Resolution No. 2024-183. Prior to occupancy, a signal shall be constructed and operational at the intersection of Rock Springs Road and W. Lincoln Avenue. All proposed transportations improvements within the City shall be constructed to the satisfaction of the City Engineer.

TRA-2 Removed by Resolution No. 2024 -183. Prior to occupancy, the proposed project shall construct appropriate improvements and/or signage (as determined by the City’s Engineering Services Division) at the proposed driveway on Rock Springs Road to restrict egress to right -out only (left out restricted). This proposed physical improvement is necessary to reduce the number of northbound trips from the Project along Rock Springs Road and also will provide the opportunity to extend the southbound left-turn lane capacity at the intersection of W. Mission Avenue and Rock Springs Road up to 280 feet. 240
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ENGINEERING CONDITIONS OF APPROVAL

STREET IMPROVEMENTS AND TRAFFIC

1. Public street improvements shall be constructed to City Standards as required by the Subdivision Ordinance and to the satisfaction of the City Engineer. Specific details, including final street improvement widths, right-of-way widths, concrete curb and gutters, curb returns and pedestrian ramps, drainage, lighting, etc. shall be to the satisfaction of the City Engineer.

2. Removed by Resolution No. 2024 -183. Prior to first occupancy the developer shall construct street improvements, including but not limited to, concrete curb, gutter, sidewalk, street lights, street trees, paving and base on the following streets adjoining the project boundary:

STREET CLASSIFICATION

W. Mission Ave. Major Road (41’ half width)

See appropriate typical sections in the current Escondido Design Standards for additional details.

3. Removed by Resolution No. 2024 -183. Median curb shall be installed on W. Mission Avenue to limit the W. Mission Avenue driveway to right turns in and out only. Paving or overlay within and near the left turn pocket may be needed for proper drainage within the left turn pocket.

4. The project’s access drive shall be constructed as an alley -type driveway apron with a minimum throat width of 24 -feet and a drivewa y apron with a 4 -feet minimum ADA path of travel maintained near the right-of-way line to the satisfaction of the City Engineer.

5. The Developer shall construct a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue prior to project occupancy. The Developer shall submit separate traffic signal and signing and striping improvement plans prepared by a Traffic Engineer for review and approval by the City Engineer. The traffic signal design shall be per current City, Caltrans, and MUTCD Standards and shall include video detection, APS, and interconnect conduits and cables to an existing traffic signal controller. The Developer’s Traffic Engineer will also be responsible for all new timing plans and coordinating traffic signal work with th e Developer’s Contractor(s) and Equipment Suppliers and City staff.

6. Removed by Resolution No. 2024 -183. As part of the required Mission Avenue widening and new 30’ curb return improvements and to add protected left turn phasing to the south and north bound legs, the Developer will be required to modify the existing Rock Springs Road and Mission Avenue traffic signal and
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associated equipment. The Developer shall submit separate traffic signal and signing and striping modification improvement plans prepared by a Traffic Engineer for review and approval by the City Engineer. These traffic signal modifications shall be per current City, Caltrans, and MUTCD Standards and shall include video detection, left turn phasing heads, APS, and shall include a new controller and cabinet. The Developer’s Traffic Engineer will also be responsible for all new timing plans and coordinating traffic signal modification work with the Developer’s Contractor(s) and Equipment Suppliers and City staff.

7. The Developer may be responsible for an overlay of Rock Springs Road due to the many utility trenches necessary to serve this project. The determination of the extent of the overlay shall be to the satisfaction of the City Engineer.

8. The Developer shall remove and replace all damaged sidewalk, curb and gutter, along all project frontages to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy.

9. The Developer’s engineer shall prepare and submit for approval by the City Engineer a complete final Signing and Striping plan for all improved and modified roadways. The Developer will be responsible for removal of all existing and the construction of all new signing and striping in compliance with the c urrent CA MUTCD standards and to the satisfaction of the City Engineer.

10. The Developer shall repaint all pavement striping and markings adjacent to the project that have been damaged and prematurely faded due to project construction traffic to the satisfaction of the City Engineer.

11. Adequate horizontal sight distance shall be provided at all driveways. Increased parkway widths, open space easements, and restrictions on landscaping may be required at the discretion of the City Engineer

12. Pedestrian access routes meeting current ADA requirements shall be provided into the project to the satisfaction of the City Engineer and City Building Official.

13. The Developer will be required to provide a detailed detour and traffic control plan, for all construction and staging activities, and any requested materials placement within existing rights-of-way to the satisfaction of the City Engineer. This plan shall include any proposed sidewalk closures and provide for alternate pedestrian access around the project site. This plan shall be approved prior to the issuance of an Encroachment Permit for construction or other project activities within the public right-of-way.

14. The existing W. Mission Avenue bus stop shall be relocated to the satisfaction of the North County Transit Distr ict (NCTD) and the City Engineer. The relocated bus stop shall be constructed on W. Mission Avenue along the project frontage. The developer shall provide written correspondence from NCTD stating they have approved the proposed location of 242
Item17.

the bus stop prior to approval of the Improvement Plan. The NCTD approved bus stop location shall be shown the Improvement Plan.

15. Removed by Resolution No. 2024 -183. The existing Rock Springs Road storm drain inlet near W. Mission Avenue shall be relocated to the satisfaction of the City Engineer. The existing 29”x18” corrugated steel arch pipe (CSPA) that connects to this storm drain inlet shall be replaced with a reinforced concrete pipe (RCP). The new storm drain pipe shall connect to the existing 36” RCP in Rock Springs Road with a cleanout per San Diego Regional Standard Drawings.

16. The proposed Rock Springs Road driveway shall be signed and striped for right turns in and out only.

17. Prior to occupancy, a signal shall be constructed and operational at the intersection of Rock Springs Road and W. Lincoln Avenue. All proposed transportations improvements within the City shall be constructed to the satisfaction of the City Engineer.

18. Prior to occupancy, the proposed project shall construct appropriate improvements and/or signage (as determined by the City’s Engineering Services Division) at the proposed driveway on Rock Springs Road to restrict egress to right-out only (left out restricted). This proposed physical improvement is necessary to reduce the number of northbound trips from the Project along Rock Springs Road and also will provide the opportunity to extend the southbound left-turn lane capacity at the intersection of W. Mission Avenue and Rock Springs Road up to 280 feet.

FEES

1. A cash security shall be posted to pay any costs incurred by the City to clean-up eroded soils and debris, repair damage to public or private property and improvements, install new BMPs, and stabilize and/or close-up a non-responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the Dev eloper until the required cash security is replaced. The cleanup cash security shall be released upon final acceptance of the grading and improvements for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading, drainage, landscaping, and best management practices items of work with a minimum of $5,000 up to a maximum of 36,000, unless a higher amount is deemed necessary by the City Engineer.

2. Removed by Resolution No. 2024 -183. The City shall credit the Develope r $50,000 in Traffic Impacts Fees as the City’s contribution towards the addition of protected left turn phasing to the south and north bound legs at this intersection.

3. 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.

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Attachment A to Discretionary Permit General Application Form A
pplicant: Ilan Golcheh
Site: 900 W Mission Ave
APN 228-220-43 and 228-220-13
Prepared July 16, 2024
R
equest for:
• C
UP Modification Planning Case No. ENV 19-0006: Removal of Conditions of Approval requiring a traffic signal to be installed at Rock Springs and W Lincoln. Specifically, remove Section F, Mitigation Measures TRA-1 and TRA-2; remove Engineering Conditions of Approval, Condition F • In
itial Study/MND and MMRP Modification: Remove mitigation measures TRA-1 and TRA-2.

Pr
oject Description:

A
pplicant met with the City Manager who agreed that the City would be amenable to considering the request, but noted that a fair share agreement would be more agreeable.

A
pplicant formally requests the removal of the traffic signal installation from all project documents.

J

USTIFICATION FOR REMOVAL OF TRAFFIC SIGNAL REQUIREMENT
Th
e traffic signal requirement needs to be removed from the following project documents:

1. Final 7-
11 Convenience Store and Service Station Initial Study/Mitigated Negative Declaration, December 2020, prepared by The Altum Group (and related Project MMRP). • T
raffic Study (Appendix G of IS/MND) – The intersection Rock Springs and W Lincoln Avenue is located approximately 0.24 mile north of the Project Site as a street stop-controlled intersection.

Th
e Traffic Study identified that this intersection already operates at a LOS F in existing conditions (Table 3-1), and a signal warrant is met in the existing condition. The Traffic Study recommended that a traffic signal be installed at Rock Springs and W Lincoln to bring the intersection to a LOS C.

A
fair share analysis was not conducted. However, the area is fully developed so we are not sure how existing development would be backcharged for their portion of the signal thus leaving the a
pplicant to pay for the entire traffic signal where the existing condition is already LOS F. • S
ection 3.17 Transportation. According to the Traffic Study (Appendix G), the existing condition o
f Rock Springs and W Lincoln functions at LOS F without the Project, which is not consistent with the City’s General Plan Circulation Element to maintain an LOS C. Two mitigation measures were identified to mitigate for LOS F. Mitigation Measure TRA-1 requires a signal at Rock Springs and W Lincoln, and Mitigation Measure TRA-2 requires a right-in/right-out driveway T
he document was prepared in December 2020, at a time when all jurisdictions were struggling how to balance the LOS impacts with newly adopted SB 743 (VMT) which identified that LOS was Attachment "4"
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no longer the standard to mitigate traffic impacts. Since that time, the State has created guidance identifying how to analyze VMT as the metric for determining an impact. Therefore, the Initial Study erred in requiring mitigation for LOS – especially since the intersection functions at LOS F without the Project. The VMT analysis determined that the the proposed project is a locally serving land use and any potential project VMT related impacts would be presumed to be less that significant.

Therefore, due to the error, both mitigation measures MM TRA-1 and MM TRA-2 should be removed from the Initial Study and the CUP conditions. Removing these would have no environmental impact because they should not have been environmental mitigation measures based on current guidance. The Project screens out of a VMT analysis due to the land use being locally serving.

Proposed Action: A
pplicant proposes to prepare a CEQA Initial Study Addendum for only the Traffic section to explain the error and correct the Administrative Record. The Addendum would be prepared by an experienced environmental consultant, for the City Planning Department’s approval.

2. C
onditional Use Permit (Planning Case No. ENV 19-0006) approved January 13, 2021. • Section: F – Mitigation Measures (repeats from the MMRP , both TRA-1 and TRA-2, both of which are in error because LOS is not the metric for mitigation for traffic impacts) • Section: Engineering Conditions of Approval, Condition 5 (signal).

The applicant will retain the right-in/right-out driveway configuration (Engineering Condition 3).

Proposed Action: The Planning Department would support modifying Section F and removing Engineering Condition 5 from the Conditional Use Permit, and prepare actions for Planning Commission and City Council.

J

USTIFICATION FOR NOT PARTIPATING IN FAIR SHARE AGREEMENT

Typically “fair share” agreements are conditioned when an area is developing, and multiple projects can share in the cost based upon their contribution to the traffic impacts.

In the case of this Project, the Project Site is located on the corner of Rock Springs Road and W Mission Avenue, a signalized intersection. The signal is being requested approximately 0.24 mile north of the intersection, at Rock Springs Road and W. Lincoln. The entire area is built out, including a multi-family complex that was recently built at the intersection of Rock Springs Road and W Lincoln.

Unless the City has been collecting fair share contributions, from residential and business properties along Rock Springs, Lincoln and W Mission, there are no developments that can contribute to the fair share. Refer to the Traffic Study, Figure 1-2 (reproduced at the end of this attachment).

In conclusion signal should be removed from the project for the following reasons:

1. The Project would be directly served by a signalized intersection.

2. The signal is being required approximately 0.24 mile away at the only stop-sign intersection in the area.

3. The existing condition is LOS F.

Attachment "4"
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4. The Project is not contributing to the degradation of the intersection because it already is F.

5. The entire area is built out. There are no new developments in the vicinity that could be assigned a fair share.

6. For the applicant to be assigned a fair share, the applicant would require an identification of all other developments that have been contributing to the fair share.

Therefore, u nless the City plans to tax or bill all development along Rock Springs, Lincoln and W Mission in the vicinity of the traffic study for the signal, it would be “unfair” to have the applicant be the sole contributor to the traffic signal when so many existing multi-family residential, businesses and large retail centers are also responsible for contributing to the existing condition.

A
signal at Rock Springs Road and W. Lincoln should be the City’s responsibility under its Capital Improvement Budget.

Attachment "4"
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7-11 Mission Ave & Rock Springs Gas Station
Project Study Area
Figure 1-2
2 PROJECT SITE
1 4
3 2
# Intersection Project Driveway Roadway SegmentLEGEND
5 Attachment "4"
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46 PHG19-0049 Approved Plans
(REFERENCE ONLY)
Project No.: PL24-0183
Attachment "5"
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PHG 19-0049; ENV 19-0006
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From: MunicodeEmails
To: Annie Ward; Dare DeLano; Veronica Morones
Subject: FW: Form submission from: Public Comment
Date: Friday, November 1, 2024 10:56:17 AM
From: Escondido Meetings Portal via Municode Portal <[email protected]> Sent: Friday, November 1, 2024 10:56:06 AM (UTC-08:00) Pacific Time (US & Canada) To: MunicodeEmails <[email protected]>
Subject: Form submission from: Public Comment
Submitted on Friday, November 1, 2024 - 10:56am
Submitted by user: Visitor
Submitted values are:

Board or Commission for Public Comment Planning Commission Email [email protected]
Council Meeting Date 11/12/2024
Item # PL24-0183
Subject Conditional Use Permit Modification
Position In Opposition
First and Last Name Juan Martinez
Are you an Escondido Resident? Yes
Comments
Good morning,
The developer is requesting a modification to remove a previously agreed upon condition. The developer would like to not install a traffic signal at the intersection of Lincoln Ave and Rock Springs. This intersection has needed a traffic signal for many years. I have seen many accidents and close accidents there. My father was involved in an accident and I have been involved in a few near misses. I do not support the removal of the condition. We need a traffic signal there. If not now, when? Will the city install one? Attachment "6"
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RESOLUTION NO. 2024-183

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, DENYING THE APPLICANT’S

PROPOSAL FOR A MODIFICATION TO A CONDITIONAL

USE PERMIT AND ADOPTION OF AN ADDENDUM AND

APPROVAL OF ALTERNATIVE OPTION

WHEREAS, Ilan Golcheh (“Applicant”), filed a land use development application, Planning Case No. PL24-0183 (“Application”) constituting a request to modify a previously approved Conditional Use Permit (PHG19 -0049) (“Approved Project”) . The modification proposes rem oval of the Engineering Division’s Condition of Approval No. 5 of Resolution No. 2021 -05 and Mitigation Measure Condition of Approval TRA-1 of Resolution No. 2021 -05 both requiring the construction of a traffic signal at the Rock Springs Road and W. Lincoln Avenue intersection (“Project”). The project site is located on a 1.14-acre site (APNs 228 -220-13-00 and 228 -220-43-00), with in the General Plan Land Use designation of General Commercial (“GC”), and a zoning designation of General Commercial (“CG”); and WHEREAS, City staff identified an alternative to the Applicant’s request to modify the Conditional Use Permit entailing removal of Engineering Condition of Approval Nos. 2, 3, 6, and 15, and Fee Condition of Approval No. 2, all of Approved Project Resolution No. 2021-05; and WHEREAS, the Applicant submitted an Addendum to the previously adopted Mitigated Negative Declaration to clarify the environmental record related to mitigation measures associated with the Approved Project’s Traffic Impacts; and
WHEREAS, the Application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and
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WHEREAS, the subject property is all that real property described in Exhibit "A" which is attached hereto and made a part hereof by this reference as though fully set forth herein (“Property”); and WHEREAS, the Application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning Code and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and
WHEREAS, on December 8, 2020, the Planning Commission adopted Resolution No. 2020 -19 recommending that the City Council approve a General Plan Amendment, Zone Map Amendment, and Conditional Use Permit for construction of a 4,284 square -foot gas station with the concurrent sale of alcoholic beverages; and
WHEREAS, on January 13, 2021, the City Council adopted Resolutions Nos. 2021-04 and 2021-05, and Ordinance No. 2021 -01, approving the General Plan Amendment, Zone Map Amendment, and Conditional Use Permits for the Approved Project; and
WHEREAS, the City Council action adopted a Mitig ated Negative Declaration (MND), and associated Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, pursuant to Condition of Approval (Conformance to Approved Plans) of Resolution No. 2021-05, modifications to the Approved Project may require submittal of an amendment to the Permit and approval by the authorized agency; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and
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WHEREAS, in accordance with Section 15164 (Addendum to an EIR or Negative Declaration) an Addendum was prepared for the Project and is incorporated fully herein as Exh ibit “C” to clarify the removal of mitigation measures related to traffic impacts; and WHEREAS, a revised Mitigation Monitoring and Reporting Program (MMRP) was prepared and incorporated fully herein as Exhibit “D”; and
WHEREAS, on November 12, 2024, the Planning Commission held a duly noticed public hearing and voted 5-0 to adopt Resolution No. 2024-21 recommending that the City Council deny the Applicant’s Project and adopt the Addendum to the Mitigate Negative Declaration and an alternative option referred to as Alterative Option (Recommended Alternative); and
WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and recommended denial of the Project and instead recommended approval of Alternative Option (Recommended Alternative) as conditioned and detailed in Exhibit “ E,” which is attached hereto and made a part hereof by this reference as though fully set forth herein; and WHEREAS, City staff provided public notice of the application in accordance with City and State public noticing requirements; and
WHEREAS, as discussed in the City Council staff report dated December 4, 2024, and the Planning Commission staff report dated November 12, 2024, the Project is inconsistent with the City’s 2012 General Plan; and
WHEREAS, as discussed in the City Council staff report dated December 4, 2024, the Planning Commission staff report dated November 12, 2024, and Exhibit “B” of this resolution, the Alternative Option (Recommended Alternative) is consistent with the City’s 2012 General Plan; and WHEREAS, on December 4, 2024 the City Council held a duly noticed public hearing as prescribed by law, at which time the City Council received and considered the reports and reco mmendation of the 268
Item17.

Planning Division and gave all persons full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the City Council, including, without limitation:
a. Written informa tion including plans, studies, written and graphical information, and other material, submitted by the Applicant;
b. Oral testimony from City staff, interested parties, and the public; c. The City Council staff report, dated December 04, 2024, with its attachments as well as City staff’s and the Planning Commission’s recommendation on the Project, which is incorporated herein as though fully set forth herein; and
d. Additional information submitted during the public hearing; and WHEREAS, the public hearing before the City Council was conducted in all respects as required by the Escondido Municipal Code and the rules of the City Council; and WHEREAS, the City Clerk, whose office is located at 201 North Broadway, Escondido, CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings up on which the City Council’s decision is based, which documents and material shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.

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

1. That the above recitations are true.

2. That the City Council in its independent judgement ha s reviewed an Addendum to the adopted Mitigated Negative Declaration prepared in compliance with all the requirements contained in 269
Item17.
the California Environmental Quality Act (CEQA) Guidelines and Article 47 (Environmental Quality), the staff report dated December 4, 2024, and testimony given at the public hearing, and makes the environmental determinations including with Finding of Fact attached as Exhibit “ B” hereto and incorporated by this reference. Further, none of the conditions described in Section 15162 calling for preparation of a subsequent negative declaration have occurred.

3. That the City Council in its independent judgement has determined that this action denying the Project and approving Alternative Option (Recommended Alternative) is reliant upon the adopted Mitigated Negative Declaration for the Approved Project.

4. The City Council, therefore, directs that a Notice of Determination be filed with the County Clerk of the County of San Diego in accordance with the CEQA Guidelines.

5. After consideration of all eviden ce presented, and studies and investigations made by the City Council and on its behalf, the City Council makes the following substantive findings and determinations, attached hereto as Exhibit “B,” relating to the information that has been considered. In accordance with the Findings of Fact and the foregoing, the City Council reached a decision on the matter as hereinafter set forth. The City Council expressly declares that it would not have made this decision except upon and subject to each and all of s aid conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the uses permitted hereby.

6. The development plans for the Approved Project are on file in the Planning Division of the Development Services Department and are available for inspection by anyone interested herein, and the development plans are incorporated herein by this reference as if they were fully set forth herein. The Project is hereby denied and the Alternative Option (Recommended Alternative) is approved as set forth 270
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within the Staff Report dated December 4 , 2024 and exhibits attached thereto and hereto which are incorporated by this reference. Any deviations from the approved development plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.

BE IT FURTHER RESOLVED that, pursuant to Government Code Section 66020(d)(1):

1. NOTICE IS HEREBY GIVEN that the Approved Project is subject to dedications, reservations, and exactions, as specified in the Conditions of Approval. The Approved Project is subject to certain fees described in the City of Escondido’s Development Fee Inventory on file in the Development Services Departments. The Applicant shall be required to pay all development fees of the City then in effect at the time and in such amounts as may prevail when building permits are issued. It is the City’s intent that the costs representing fut ure development’s share of public facilities and capital improvements be imposed to ensure that new development pays the capital costs associated with growth. The Applicant is advised to review the Planned Fee Updates portion of the web page, www.escondido.gov, and regularly monitor and/or review fee -related information to plan for the costs associated with undertaking the Project.

2. NOTICE IS FURTHER GIVEN that the 90-day period during which to protest the imposition of any fee, dedication, reservation, or other exaction described in this Resolution begins on the effective date of this Resolution, and any such protest must be in a manner that complies with Government Code section 66020.

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Resolution No. 2024-183
Exhibit “A”

Exhibit “A”
Legal Description
Project No(s).: PL24-0183

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ESCONDIDO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1: APN: 228-220-43

THAT PORTION OF THE SOUTHERLY HALF OF LOT 2 IN BLOCK 158 OF RANCHO RINCON DEL

DIABLO, IN THE CITY OF ESCONDIDO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE OF NO. 724, MADE BY J. M. GRAHAM, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNTY, AUGUST 13, 1892, LYING SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE EASTERLY LINE OF SAID LOT 2, DISTANT 330 FEET FROM THE MOST NORTHERLY CORNER THEREOF, TO A POINT ON THE WESTERLY LINE OF SAID LOT 2, DISTANT 330.25 FEET SOUTHERLY FROM THE MOST WESTERLY CORNER THEREOF AND LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 449.5 FEET - MEASURED BETWEEN PARALLEL LINES - OF SAID LOT 2. EXCEPTING THEREFROM THE NORTHWESTERLY 150 FEET THEREOF. ALSO EXCEPTING THERE FROM THE SOUTHEASTERLY 9 FEET THEREOF. ALSO EXCEPTING THEREFROM THE NORTHEASTERLY 9 FEET THEREO.

ALSO EXCEPTING THERE FROM THE INTEREST CONVEYED TO THE CITY OF ESCONDIDO IN DEED RECORDED MARCH 25, 1974, AS FILE NO. 74-073291 OF OFFICIAL RECORDS, IN AND TO THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING ALSO A POINT IN THE CENTER LINEOF THAT CERTAIN 66 FOOT STREET KNOWN AS ROCK SPRINGS ROAD; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2 SOUTH 69° 45' 10" WEST 33 .00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 20° 14' 20" WEST PARALLEL WITH THE CENTER LINE OF SAID ROCK SPRINGSROAD 9.00 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 9.00 FEET OF SAID LOT 2 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 20° 14' 20" WEST 137.80 FEET TO THE MOST

NORTHERLY CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO ESCONDIDO IMPORTS, INC., A CALIFORNIA CORPORATION, BY DEED RECORDED MAY 17, 1971, AS FILE NO. 101247; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID ESCONDIDO IMPORTS, INC. LAND SOUTH 69° 44' 40" WEST 9.00 FEET; THENCE SOUTH 20° 14' 20" EAST PARALLEL WITH THE CENTER LINE OF SAID ROCK SPRINGS ROAD 117.81 FEET TO THE BEGINNING OF A TANGENT 20 FOOT RADIUS CURVE, CONCAVE WESTERLY, THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 39" A DISTANCE OF 31.41 FEET TO A POINT OF TANGENCY WITH THENORTHWESTERLY LINE OF THE SOUTHEASTERLY 9.00 FEET OF SAID LOT 2; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 69° 45' 10" EAST 28.99 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 2: APN: 228-220-13

THE NORTHWESTERLY 150.00 FEET OF THAT PORTION OF THE SOUTHERLY HALF OF LOT 2 IN BLOCK 158 OF THE RANCHO RINCON DEL DIABLO, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 724, MADE BY J. M.

GRAHAM, AND FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1892, LYING SOUTHERLY OF A LINE DRAWN. FROM A POINT ON THE EASTERLY LINE OF SAID LOT 2, DISTANT 330.00 FEET FROM THE MOST NORTHERLY CORNER THEREOF, 272
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Resolution No. 2024-183
Exhibit “A”

TO A POINT ON THE WESTERLY LINE OF SAID LOT 2, DISTANT 330.25 FEET FROM THE MOST WESTERLY CORNER THEREOF. EXCEPTING THERE FROM THE SOUTHWESTERLY 449.50 FEET BETWEEN PARALLEL LINES. ALSO EXCEPTING THEREFROM THE NORTHEASTERLY 9.00 FEET THEREOF.

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Resolution No. 2024-183
Exhibit “B”

EXHIBIT “B”

PRJOECT CASE NO. PL24-0183

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Environmental Determinations:

1. Pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et. seq.) (“CEQA”), and its implementing regulations (14 C.C.R. § 15000 et seq.) (“CEQA Guidelines”), the City of Escondido (“City”) is the Lead Agency for the project . The project entails the reevaluation of the CEQA metrics used in the original project’s adopted MND (ENV19-0006) (“Project”), as the public agency with the principal responsibility for approving the Project.

2. In order to evaluate the General Plan Amendment, Zone Map Amendment, and Conditional Use P ermit (“Original Project”) under the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (MND) (ENV 19 -0006) was prepared and adopted by the Escondido City Council in January 2021.

3. CEQA Guidelines 15164 requires lead agencies to prepare an Addendum to a previously certified environmental document if some changes or additions to the project are necessary, but none of the conditions described in CEQA Section 15162 requiring preparation of a subsequent environmental document are present. The City Council has reviewed and considered the adopted MND and the attached Pr oject Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the environmental impacts associated with the revised Original Project, described herein. The City Council further finds that the Addendum and administrative record have been completed in compliance with CEQA, and that the adopted MND, and this Project Addendum, reflect the City’s independent judgement.

4. Based on the substantial evidence set forth in the record, including but not limited to the 2021 adopted MND, and the attached Project Addendum, the City Council finds that, based on whole record before them, none of the conditions under CEQA Guidelines Section 15162 – 15163, requiring subsequent environmental review, have occurred because the r evised project:

a. Will not result in substantial changes that would require major revisions of the 2021 MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

b. Will not result in substantial changes with respect to the circumstances under which the Project is developed that would require major revisions of the 20 21 MND due to 274
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Resolution No. 2024-183
Exhibit “B”

the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects;

c. Does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2021 adopted MND was approved showing any of the following:

i. The Project will have one or more significant effects not discussed in the previous EIR or negative declaration;

ii. Significant effects previously examined will be substantially more severe than shown in the previous negative declaration;

iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

iv. Mitigation measures or alternative which are considerably different from those analyzed in the previous EIR would substantially reduc e one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

5. Further, based on the substantial evidence set forth in the record, including but not limited to 2021 adopted MND, the Addendum prepared for the Project, and the Planning Commission staff report dated November 12, 2024, the City Council finds that the applicable mitigation measures identified in the 2021 MND would ensure that any potential impacts would be reduced to less than significant levels. No new mitigation measures are required to mitigate environmental impacts associated with the Project. Therefore, the Addendum supports the City’s consideration of the Project, as outlined in CEQA Guidelines Section 15162 and 15164.

6. Pursuant to CEQA Guidelines Section 15164, subdivision (c), the Addendum is not required to be circulated for public review, but can be attached to the original 2021 adopted MND.

7. The recommended action also includes the adoption of the revised Mitigation Monitoring and Reporting Program (MMRP) attached hereto this Resolution.

8. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines section 15091(e), all documents and other materials which constitute the record of proceedings are located at the City of Escondido, City Hall. The City Clerk, whose office is located at 201 North Broadway, Escondido CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council’s decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act. 275
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Exhibit “B”

Conditional Use Permits (Section 33-1203 of Article 61 of the Escondido Zoning Code)

With respect to Planning Case No. PL24-0183, the City Council make the following findings:

1. A conditional use permit should be granted upon sound principles of land use and in response to services required by the community.

Project/Applicant’s Request: The modification request to remove the requirement to signalize the Lincoln Avenue and Rock Springs Road intersection does not meet sound principles of land use and is not in response to services required by the community in that removal of the Engineering Condition of Approval No. 5 of Resolution No. 2021 -05 is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation -which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

The Traffic Impact Analysis for the approved project conducted a Level of Service (LOS) analysis of the intersection at West Lincoln Avenue and Rock Springs Road. That intersection was found to operate at an LOS “F”. Thresholds in the General Plan based on LOS require an applicant be responsible for improving the functioning of the intersection to a LOS of “C” when such impacts are a result of their development proposal. The construction of the traffic signal as reflected in the original condition of approval would ensure compliance with the City’s 2012 General Plan.

Alternative Option 1 (Recommended Alternative): The modification to the existing Conditional Use Permit to remove the condition of approval associated with the requirement to signalize the intersection of West Lincoln Avenue and Rock Springs Road is retained in staff recommendation (Alternative Option 1 [Recommended Alternative]) because removal of this requirement in full is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

The Recommended Alternative is granted upon sound principles of land use and in response to services required by the community in that it would adjust the timeframe for frontage improvements at the Mission Avenue frontage of the Project site but not eliminate the ultimate future improvement altogether. Section 23-121 of Article 23-5 (Public Improvement Construction, Public Dedication and Mapped Streets) allows for the City Engineer to evaluate a request and determine whether public improvements and public dedication are necessary. Under the Recommended Alternative, the Applicant would still be required to dedicate their frontage as previously identified under the Conditional Use Permit (PHG19 -0049) allowing for the waived frontage improvements to be made at a future time.

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2. A conditional use permit shou ld not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.

Project/Applicant’s Request: The modification request to remove the requirement to signalize the Lincoln Avenue and Rock Springs Road would create special problems for the area in which it is located in that removal of the Engineering Condition of Approval No. 5 of Resolution No. 2021-05 is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportat ion -which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

The Traffic Impact Analysis for the approved project conducted a Level of Service (LOS) analysis of the intersection at West Lincoln Avenue and Rock Springs Road. That intersection was found to operate at an LOS “F”. Thresholds in the General Plan based on LOS require an applicant be responsible for improving the functioning of the intersection to a LOS of “C” when such impacts are a result of their development proposal. The construction of the traffic signal as reflected in the original condition of approval would ensure compliance with the City’s 2012 General Plan.

Alternative Option 1 (Recommended Alternative): The modification to the existing Conditional Use Permit to remove the condition of approval associated with the requirement to signalize the intersection of West Lincoln Avenue and Rock Springs Road is retained in staff recommendation (Alternative Option 1 [Recommended Alternative]) because removal of this requirement in full is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

The Recommended Alternative is granted upon sound principles of land use and in response to services required by the community in that it would adjust the timeframe for frontage improvements at the Mission Avenue frontage of the Project site but n ot eliminate the ultimate future improvement altogether. Section 23-121 of Article 23-5 (Public Improvement Construction, Public Dedication and Mapped Streets) allows for the City Engineer to evaluate a request and determine whether public improvements and public dedication are necessary. Under the Recommended Alternative, the Applicant would still be required to dedicate their frontage as previously identified under the Conditional Use Permit (PHG19 -0049) allowing for the waived frontage improvements to be made at a future time.

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.

Project/Applicant’s Request: The modification request to remove the requirement to signalize the Lincoln Avenue and Rock Springs Road intersection does not meet sound principles of land use 277
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and is not in response to services required by the community in that removal of the Engineering Condition of Approval No. 5 of Resolution No. 2021 -05 is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation -which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

The Traffic Impact Analysis for the approved project conducted a Level of Service (LOS) analysis of the intersection at West Lincoln Avenue and Rock Springs Road. That intersection was found to operate at an LOS “F”. Thresholds in the General Plan based on LOS require an applicant be responsible for improving the functioning of the intersection to a LOS of “C” when such impacts are a result of their development proposal. The construction of the traffic signal as reflected in the original condition of approval would ensure compliance with the City’s 2012 General Plan.

Alternative Option 1 (Recommended Alternative): The modification to the existing Conditional Use Permit to remove the condition of approval associated with the requirement to signalize the intersection of West Lincoln Avenue and Rock Springs Road is retained in staff recommendation (Alternative Option 1 [Recommended Alternative]) because removal of this requirement in full is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation which states, “Where existing street or intersection capacities are below level of service “C” … improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

The Recommended Alternative is granted upon sound principles of land use and in response to services required by the community in that it would adjust the timeframe for frontage improvements at the Mission Avenue frontage of the Project site but not eliminate the ultimate future improvement altogether. Section 23-121 of Article 23-5 (Public Improvement Construction, Public Dedication and Mapped Streets) allows for the City Engineer to evaluate a request and determine whether public improvements and public dedication are necessary. Under the Recommended Alternative, the Applicant would still be required to dedicate their frontage as previously identified under the Conditional Use Permit (PHG19 -0049) allowing for the waived frontage improvements to be made at a future time.

-
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Exhibit “C”

ADDENDUM
to the
FINAL MITIGATED NEGATIVE DECLARATION FOR 7‐ELEVEN

CONVENIENCE STORE AND SERVICE STATION

City File No. ENV19-0006
SCH#

Prepared for:

City of Escondido Planning Division
201 North Broadway
Escondido, CA 92025-2798
760.839.4671

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October 30, 2024
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Page iv of 14

Contents
INTRODUCTION .............................................................................................................................................. 1 PROJECT REVISION .......................................................................................................................................... 2 STATUTORY BACKGROUND ............................................................................................................................. 8 IMPACT ANALYSIS ........................................................................................................................................... 8 SUMMARY AND FINDINGS ...........................................................................................................................10

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INTRODUCTION
This addendum to the final Mitigated Negative Declaration (MND) for the 7-Eleven Convenience Store and Service Station has been prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164. It updates the MND that was prepared for the City of Escondido (City) and adopted in December of 2020 as a result of a request to modify a previously approved Conditional Use Permit (PHG19-0049) as well as its associated Initial Study and adopted Mitigated Negative Declaration (ENV19-0006) to remove two mitigation measures based on a r eevaluation of the criteria used in t he analysis. The previously approved Conditional Use Permit (PHG19 -0049) entitled the project site for development of a gasoline service station and convenience store with concurrent sale of alcoholic beverages (beer and wine). The City of Escondido is the Lead Agency for this project pursuant to the California Environmental Quality Act (CEQA) and its implementing regulations. The Lead Agency has the principal responsibility for approving and implementing a project that may have a significant effect on the environment.

Project Description
The 1.14-acre site is located at the northwest corner of West Mission Avenue and Rock Springs Road. The site is addressed at 900 West Mission Avenue, Escondido, CA 92025 (Assessor’s Parcel Numbers: 228-220- 43-00; 228-220-13-00). The site was originally developed with an auto show room, but since 2019 when the existing structure was demolished, the site is vacant and covered in asphalt. The site is designated as Light Industrial (LI) since the adoption of the General Plan Update in 2012. Building and occupancy records indicate a structure was originally built in 1973, with a plot plan describing the building as an auto showroom and garage. The last building permit on file for the address is the demolition of the existing structure on site on September 14, 2023. The applicant (Applicant) has maintained the validity of the original entitlement (Resolution 2020-19) with the application and approval of the subsequent entitlement (Resolution 2021-05) and the aforementioned demolition permit issued in 2019.

The project (Project) proposes the reevaluation of the CEQA metrics used in the Project ’s adopted MND (ENV19-0006). As of July 1, 2020 the Level of Service (LOS) criteria was replaced by Vehicle Miles Traveled (VMT) as the only metric valid for CEQA analysis and the determination of Transportation and Traffic impacts mitigation measures and their nexus to mitigation measures when the city or county having primary jurisdiction over the area involved is (1) the site of the pr oject; (2) the area which the major environmental effects will occur; and/or (3) the area in which those citizens reside most directly concerned by any such environmental effects.

Based on the findings of this Addendum, the Project would have less than sig nificant impacts, or no changes or new information requiring the preparation of an MND or EIR for the following environmental categories:
 Transportation and Traffic

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PROJECT REVISION
The Project was evaluated in the 2020 Initial Study which identified the project as having a “potentially significant impact” related to transportation if not mitigated. The Traffic Impact Analysis conducted was based on LOS criteria and methods, and concluded that an off-site intersection ¼ mile north of the project sight would require the installation of a signal at the intersection of West Lincoln Avenue and Rock Spring Roads (TRA -1) as well as physical improvements to West Mission Avenue (TRA -2). The Applicant has requested that staff reevaluate the findings in the December 2020 International Engineering Group Traffic Impact Analysis (IEG TIA) and modify the findings in Section 13.7 of the adopted MND and the Mitigation Monitoring and Reporting Program (MMRP) to align with SB 743 requiring VMT to be the only metrics applied for Transportation and Traffic CEQA assessment and mitigation. Since the time of the Project approval, the City of Escondido has adopted Transportation Impact Analysis Guidance ( TIAG, June 21, 2021). This document defines, interprets, and demonstrates how to implement a VMT analysis and uses the same threshold as used in the December 2020 IEG TIA . Based on th e current VMT methodology supported by the City ’s adopted TIAG and the 2 020 IEG TIA report, the mitigation previously required under LOS standards is no longer required.

Planning Commission Resolution No. 2020 -19 (PHG19 -0049/ENV19-0006) to change the General Plan Designation from Light Industrial (LI) to General Commercial (GC ) and approve a Conditional Use Permit (CUP) for a gasoline station was approved on January 13, 2021. In 2021, the Planning Commission adopted Resolution No. 2021 -05 (PHG19 -0049/ENV19-0006) approving a Conditional Use Permit for a gasoline station and convenience store with concurrent sale of alcoholic beverages at 900 W Mission Avenue. There have been no changes to the parameters of the approved Project . The addendum seeks to comply with state law and recognizes that two mitigation measures imposed on the Project were the result of LOS analysis and would like to formally recognize and support the findings of a VMT analysis and conclusion, which states that the Project would not require mitigation measures TRA-1 and TRA-2.

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Figure 1: Project Site

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Figure 2: General Plan

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Figure 3: Zoning

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Figure 4: Site Plan

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Figure 5: Exterior Elevations

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STATUTORY BACKGROUND
The City of Escondido is the CEQA lead agency for the proposed Project. Under CEQA, an Addendum to a certified Environmental Impact Report (EIR) or Negative Declaration may be appropriate if minor technical changes or modifications to the project are proposed (CEQA Guidelines Section 15164). An Addendum is appropriate only if these minor technical changes or modifications do not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. The Addendum need not be circulated for public review (CEQA Guidelines Section 15164(c)). Because no changes in the approved project are proposed, this Addendum does not require a public hearing or consideration by the City Council.

This M ND Addendum demonstrates that the environmental analysis, impacts, and mitigation measures/requirements identified in the December 2020 MND remain substantively unchanged by the situation described herein, and it supports the finding that the proposed VMT methodology and conclusions do not result in new significant impacts and do not exceed the level of impacts identified in the December 2020 MND. Therefore, recirculation of the adopted MND for public review is not required, pursuant to CEQA Guidelines Secti on 15164. The City has also determined that preparation of a subsequent EIR or MND is not required under CEQA Guidelines Section 15162. To support this decision, the following discussion describes the proposed project modifications and the associated environmental analysis.

IMPACT ANALYSIS
The Project would result in little change with respect to the environmental issue areas analyzed in this Addendum (see Table 1 below). Table 1 demonstrates the result of the Addendum and the conclusions drawn from using a VMT analysis versus one using LOS. With the application of the VMT criteria, the need for mitigation related to LOS criteria is unnecessary. Therefore, as described in further detail in this section, the CEQA analysis supports the determination that the Project would not involve new significant environmental effects or result in a substantial increase in the severity of previously identified significant effects which would call for the preparation of a subsequent EIR, as provided in §15162 of the State CEQA Guidelines.

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Table 1

COMPARISON OF ENVIRONMENTAL FINDINGS BETWEEN THE MODIFIED PROJECT AND THE

PREVIOUS APPROVED PROJECT

The Lead Agency, the City of Escondido, conducted an Initial Study with the aid of consultants preparing several technical studies to support their environmental findings (ENV19 -0006) in response to the application for General Plan Amendment, Rezone and Co nditional Use Permit (PHG19 -0049) and again when the entitlement expanded to include a Conditional Use Permit (PHG19 -0049) for alcohol sales. In Section 13.7.2, the Initial Study poses four questions to determine a project’s potential impact on the city’s transportation system. The Project’s impact in relation to three of the four CEQA checklist thresholds for transportation or circulation impacts were found to have a less than significant impact. However, one threshold was less than significant with mitiga tion due to a “conflict with a program, plan, ordinance or policy affect[ing] the circulation system including transit roadway, bicycle or pedestrian facilities” (Section XVII, Appendix G CEQA Guidelines) . The Project was determined to conflict with a particular threshold within the General Plan Quality of Life Standards. The Quality-of-Life Standard is used as the threshold for significant impacts, with mitigation using the LOS CEQA transportation metric.

However, the December 2020 IS/MND includes the following language, “Based on the VMT assessment and technical information provided in the VMT Impact Analysis, the proposed project designation is a locally serving land use and any potential project VMT related impacts would be presumed to be less than significant. Therefore, the proposed project would not conflict with CEQA Guidelines section 15064.3 and impacts would be less than significant. No mitigation is required.” This threshold, criteria, and conclusion are supported by VMT analysis (IS/MND, December 2020) and have since been codified in the adopted TIAG using the same threshold that was used in the December 2020 IEG TIA report, which determined the project to be less than significant using the VMT methodology and requiring no CEQA-related mitigation (TIAG, Section 3.3).

For these reasons, the removal of both TRA -1 and TRA-2 in the MMRP along with the adoption of VMT analysis and conclusions, which represent no nexus between the new development Project or the need to include signalization at West Lincoln Avenue and Rock Springs Road , is consistent with CEQA Guidelines and State Law. However, staff supports the retention of the Condition of Approval requiring the signalization of the West Lincoln Avenue and Rock Springs Road. City staff will maintain the ability to Environmental Issue
Conditional Use
Permit at 900 W
Mission IS/MND
Addendum
Conclusions for
Modified Project
Modified Project
Impacts in
Comparison to
Conclusions of the
Approved Project
Transportation and
Traffic
Less Than Significant with
mitigation
Less Than Significant
Impact Lesser impact
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Exhibit “C”

impose conditions based on threshold and standards using LOS to assess and address traffic impacts of development project.

SUMMARY AND FINDINGS
As analyzed in this report, the Project would not result in any new significant environmental impacts. The original June 2020 IS/MND was modified in December 2020 with an updated environmental analysis. The December 2020 MND update stated that VMT criteria and analysis applied to the project and no mitigation would be required. The analysis contained herein demonstrates that the proposed Project is consistent with the prior Approved Project and many of the impact issues previously examined in the Approved Project would remain unchanged with the proposed Project. 292
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1 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024 Resolution No. 2024-183
Exhibit “D”

EXHIBIT “D”

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

PROJECT NAME:

NEG. NEC. NO. :

SCH NO.:

APPROVAL BODY:
7-Eleven (City File Nos.: PL24-0183/PHG19-0049)
ENV 19-0006
N/A
Escondido City Council
PROJECT DESCRIPTION: An Addendum to the Final Mitigated Negative Declaration (MND) for the 7-Eleven Convenience Store and Service Station was prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164 (Addendum to an EIR or Negative Declaration). The Addendum also updates the Mitigation Monitoring Reporting Program (MMRP) contained herein. The project consists of an approximately 4,088 SF convenience store with a 4,284 SF gas station canopy with eight (8) fuel dispenser pumps that can accommodate up to sixteen (16) fueling stations/vehicles. A General Plan Amendment from Light Industrial (LI) to General Commercial (GC) along with a Zone Change from Light Industrial (M-1) zoning to General Commercial (CG) zoning is required to process the land use development application and allow the consideration of the Conditional Use Permit. As of July 1, 2020 the Level of Service (LOS) criteria was replaced by Vehicle Miles Traveled (VMT) as the only metric valid for CEQA analysis and the determination of Transportation and Traffic impacts mitigation measures The Addendum demonstrates the use of Level of Service (LOS) standards to impose mitigation measures on the project was not in alignment with state standards. When employing the state mandated Vehicles Miles Traveled (VMT) metric and analysis, the project creates "less than significant impacts" without any mitigation. The MMRP will be modified to remove mitigation measures that were identified using the LOS methodology,.

PROJECT LOCATION: 900 W. Mission Avenue (APNs 228-220-13-00 and 228-220-43-00) 293
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2 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024 Resolution No. 2024-183
Exhibit “D”

APPLICANT/CONTACT PERTSON: Ilan Golcheh, Golcheh Group, LLC PROJECT MANAGER: Vicrim Chima, Planning Consultant, City of Escondido Phone No.: (760) 839-4537 Email: [email protected]
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3 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

November 12, 2024
Planning Commission
Mitigation Monitoring and Reporting Program
Mitigated Negative Declaration/Initial Study Environmental Checklist Project No. ENV 19-0006
The City of Escondido adopts this revised Mitigation Monitoring and Reporting Program (MMRP) in accordance with the findings of the Addendum to the Final MND (Attachment XX). The purpose of the MMRP is to ensure that the Project, which is the subject of the Mitigated Negative Declaration (MND) and Initial Study Environmental Checklist, complies with all applicable CEQA criteria and environmental mitigation requirements. The m itigation described in the MND and summarized below provides a broad purpose and overview of actions that will occur in order to reduce identified environmental impacts associated with cultural resources, geologic hazards and noise impacts.

For each project that is subject to CEQA, PRC Section 21081.6 requires the Lead Agency to monitor performance of the mitigation measures included in any environmental document to ensure that the specified mitigation is implemented. The City of Escondido is the designated Lead Agency for the proposed project. The City is responsible for reviewing all monitoring reports, enforcement actions, and document disposition related to implementation of the MMRP.

After review and approval by the Lead Agency, minor changes to the MMRP are permitted but can only be made by the City of Escondido. No deviations from this MMRP shall be permitted unless it continues to satisfy the requirements of PRC Section 21081.6, as determined by the City of Escondido.

The organization of the MMRP follows the subsection formatting style presented within the MND and Initial Study Environmental Checklist. Only those subsections of the environmental issues presented in the Initial Study Environmental Checklist that have mitigation measures are provided below in the MMRP table. All other subsections do not contain mitigation measures. For each mitigation measure, the MMRP table identifies the following: (1) mitigation measure; (2) implementation action; (3) responsible agency/party; (4) monitoring schedule; and (5) verification date. 295
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November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
3 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
Cultural Resources
CUL-1: The City of Escondido Planning Division
(City) recommends the applicant enter into a
Tribal Cultural Resource Treatment and
Monitoring Agreement (also known as a pre-
excavation agreement) with a tribe that is
traditionally and culturally affiliated with the
Project Location (TCA Tribe) prior to issuance of a
grading permit. The purposes of the agreement
are (1) to provide the applicant with clear
expectations regarding tribal cultural resources,
and (2) to formalize protocols and procedures
between them. Applicant/Owner and the TCA
Tribe for the protection and treatment of, including
but not limited to, Native American human
remains, funerary objects, cultural and religious
landscapes, ceremonial items, traditional
gathering areas and cultural items, located and/or
discovered through a monitoring program in
conjunction with the construction of the proposed
project, including additional archaeological
surveys and/or studies, excavations, geotechnical
investigations, grading, and all other ground
disturbing activities.
 Applicant should enter into
a Tribal Cultural Resource
Treatment and Monitoring
Agreement.

Applicant; City of
Escondido
Community
Development
Department
Planning Division
X
CUL-2: Prior to issuance of a grading permit, the
applicant shall provide written verification to the
City that a qualified archaeologist and Native
American monitors associated with TCA Tribes
have been retained to implement the monitoring
program. Because the project is located within
shared territory of the Luiseño and Kumeyaay
people, Native American monitors representing
the interest and values of both the Luiseño and
Kumeyaay people will be retained for the Project.

The archaeologist shall be responsible for
coordinating with the Native American monitors.

This verification shall be presented to the City in a
letter from the project archaeologist that confirms
 Require verification and
approval of qualified
archaeologist.

Applicant; City of
Escondido
Community
Development
Department
Planning Division
X
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November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
4 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
that Native American monitors representing both
Luiseño and Kumeyaay associated with a TCA
Tribes have been retained. The City, prior to any
pre-construction meeting, shall approve all
persons involved in the monitoring program.

CUL-3: The qualified archaeologist and a Native
American monitor shall attend the pre-grading
meeting with the grading contractors to explain
and coordinate the requirements of the monitoring
program.
 Require monitoring
program coordination.

City of Escondido
Community
Development
Department
Planning Division;
Qualified
Archaeologist;
Grading Contractor
X
CUL-4: During the initial grubbing, site grading,
excavation or disturbance of the ground surface,
the qualified archaeologist and the Native
American monitor shall be on site full-time. The
frequency of inspections shall depend on the rate
of excavation, the materials excavated, and any
discoveries of tribal cultural resources as defined
in California Public Resources Code Section
21074. Archaeological and Native American
monitoring will be discontinued when the depth of
grading and soil conditions no longer retain the
potential to contain cultural deposits. The qualified
archaeologist, in consultation with the Native
American monitor, shall be responsible for
determining the duration and frequency of
monitoring.
 Require on-site
archaeological monitor and
Native American Monitor.

City of Escondido
Community
Development
Department
Planning Division;
Archaeological
Monitor; Field
Engineering
Division
X X
CUL-5: In the event that previously unidentified
tribal cultural resources are discovered, the
qualified archaeologist and the Native American
monitor shall have the authority to temporarily
divert or temporarily halt ground disturbance
operation in the area of discovery to allow for the
evaluation of potentially significant cultural
resources. Isolates and clearly non-significant
 Require identification and
preservation of any
unidentified cultural
resources.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist;
County Coroner;
X
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November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
5 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
deposits shall be minimally documented in the
field and collected so the monitored grading can
proceed.

Native American
Monitor

CUL-6: If a potentially significant tribal cultural
resource is discovered, the archaeologist shall
notify the City of said discovery. The qualified
archaeologist, in consultation with the City, the
TCA Tribe and the Native American monitor, shall
determine the significance of the discovered
resource. A recommendation for the tribal cultural
resource’s treatment and disposition shall be
made by the qualified archaeologist in
consultation with the TCA Tribe and the Native
American monitor and be submitted to the City for
review and approval.
 Require identification and
preservation of any
significant tribal resource.
 Consultation with Native
American Monitor.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist;
Native American
Monitor; TCA Tribe
X
CUL-7: The avoidance and/or preservation of the
significant tribal cultural resource and/or unique
archaeological resource must first be considered
and evaluated as required by CEQA. Where any
significant tribal cultural resources and/or unique
archaeological resources have been discovered
and avoidance and/or preservation measures are
deemed to be infeasible by the City, then a
research design and data recovery program to
mitigate impacts shall be prepared by the qualified
archaeologist (using professional archaeological
methods), in consultation with the TCA Tribe and
the Native American monitor, and shall be subject
to approval by the City. The archaeological
monitor, in consultation with the Native American
monitor, shall determine the amount of material to
be recovered for an adequate artifact sample for
analysis. Before construction activities are allowed
to resume in the affected area, the research
design and data recovery program activities must
be concluded to the satisfaction of the City.
 Require research design
and data recovery
program.
 Consultation with Native
American Monitor.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist; TCA
Tribe
X
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November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
6 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
CUL-8: As specified by California Health and
Safety Code Section 7050.5, if human remains
are found on the project site during construction or
during archaeological work, the person
responsible for the excavation, or his or her
authorized representative, shall immediately notify
the San Diego County Coroner’s office.

Determination of whether the remains are human
shall be conducted on-site and in situ where they
were discovered by a forensic anthropologist,
unless the forensic anthropologist and the Native
American monitor agree to remove the remains to
an off-site location for examination. No further
excavation or disturbance of the site or any
nearby area reasonably suspected to overlie
adjacent remains shall occur until the Coroner has
made the necessary findings as to origin and
disposition. A temporary construction exclusion
zone shall be established surrounding the area of
the discovery so that the area would be protected,
and consultation and treatment could occur as
prescribed by law. In the event that the remains
are determined to be of Native American origin,
the Most Likely Descendant, as identified by the
Native American Heritage Commission, shall be
contacted in order to determine proper treatment
and disposition of the remains in accordance with
California Public Resources Code section
5097.98. The Native American remains shall be
kept in-situ, or in a secure location in close
proximity to where they were found, and the
analysis of the remains shall only occur on-site in
the presence of a Native American monitor.
 Require identification and
preservation of any
undiscovered cultural
resources or human
remains.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist;
County Coroner
X
299
Item17.

PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
7 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
CUL-9: If the qualified archaeologist elects to
collect any archaeological materials that qualify as
tribal cultural resources, the Native American
monitor(s) must be present during any testing or
cataloging of those resources. Moreover, if the
qualified archaeologist does not collect the
archaeological materials that qualify as tribal
cultural resources that are unearthed during the
ground disturbing activities, the Native American
monitor(s), may at their discretion, collect said
resources and provide them to the TCA Tribe for
respectful and dignified treatment in accordance
with the Tribe’s cultural and spiritual traditions.

The project archaeologist shall document
evidence that all cultural materials have been
curated and/or repatriated as follows:

1. It is the preference of the City that all tribal
cultural resources be repatriated to the TCA
Tribe as such preference would be the most
culturally sensitive, appropriate, and dignified.

Therefore, any tribal cultural resources
collected by the qualified archaeologist shall
be provided to the TCA Tribe. Evidence that
all cultural materials collected have been
repatriated shall be in the form of a letter from
the TCA Tribe to whom the tribal cultural
resources have been repatriated identifying
that the archaeological materials have been
received.

OR

2. Any tribal cultural resources collected by the
qualified archaeologist shall be curated with
its associated records at a San Diego
curation facility or a culturally-affiliated Tribal
curation facility that meets federal standards
per 36 CFR Part 79, and, therefore, would be
 Require that a Native
American monitor is
present during any testing
or cataloging.
 Any tribal cultural
resources collected by the
qualified archaeologist
shall be repatriated to the
TCA Tribe, and/or curated.

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist
X X
300
Item17.

PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
8 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
professionally curated and made available to
other archaeologists/researchers for further
study. The collection and associated records,
including title, shall be transferred to the San
Diego curation facility or culturally affiliated
Tribal curation facility and shall be
accompanied by payment of the fees
necessary for permanent curation. Evidence
that all cultural materials collected have been
curated shall be in the form of a letter from
the curation facility stating the prehistoric
archaeological materials have been received
and that all fees have been paid.

CUL-10: Prior to the release of the grading bond,
a monitoring report and/or evaluation report, if
appropriate, which describes the results, analysis
and conclusion of the archaeological monitoring
program and any data recovery program on the
project site shall be submitted by the qualified
archaeologist to the City. The Native American
monitor shall be responsible for providing any
notes or comments to the qualified archaeologist
in a timely manner to be submitted with the report.

The report will include California Department of
Parks and Recreation Primary and Archaeological
Site Forms for any newly discovered resources.
 Require documentation of
analysis and data by the
qualified archaeologist.
 Consultation with Native
American Monitor.

Qualified
Archaeologist;
Native American
Monitor
X
Geology
GEO-1 Prior to issuance of a grading permit or
ground disturbing activities, a preliminary
assessment by a professional paleontological
resource consultant shall be conducted to
determine if the characteristics of a unique
paleontological resource or site are present. If
determined to be present, and the potential for
destruction of a unique paleontological resource
or site exists, the preliminary assessment must
make recommendations for mitigating potential
 Paleontological analysis
required
Applicant
Paleontological
consultant
X X
301
Item17.

PHG 19-0049; ENV 19-0006
November, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
9 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
impacts, such as monitoring during construction,
or identify requirements for the proper
documentation per state or federal guidelines, of
any significant resource proposed to be impacted.

Noise
NOI-1:. To reduce potential construction noise
impacts, the following multi-part mitigation shall be
implemented for the proposed project:
• The construction contractor shall ensure that
all equipment driven by internal combustion
engines shall be equipped with mufflers, which
are in good condition and appropriate for the
equipment.
• The construction contractor shall ensure that
unnecessary idling of internal engines (i.e., idling
in excess of 5 minutes) is prohibited.
• The construction contractor shall utilize “quiet”
models of air compressors and other stationary
noise sources where technology exists.
• At all times during proposed project grading
and construction, the construction contractor shall
ensure that stationary noise‐generating equipment
shall be located as far as practicable from
sensitive receptors and placed so that emitted
noise is directed away from the nearest residential
land uses.
• The construction contractor shall designate a
noise disturbance coordinator who would be
responsible for responding to any local complaints
about construction noise. The disturbance
coordinator would determine the cause of the
noise complaints (starting too early, bad muffler,
etc.) and establishment reasonable measures
 Requires applicant and
contractor to implement
specific operational
measures to reduce
potential noise impacts
Applicant;
Construction
Contractor
X
302
Item17.

PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

MITIGATION MONITORING AND REPORTING PROGRAM
10 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

Mitigation Measures Implementation, Monitoring,
and Reporting Action

Responsibility
Monitoring Schedule Verification
Date Before
Construction
During
Construction
After
Construction
necessary to correct the problem. The
construction contractor shall visibly post a
telephone number for the disturbance coordinator
at the construction site.

Traffic
TRA-1 Prior to occupancy, a signal shall be
constructed and operational at the intersection of
Rock Springs Road and W. Lincoln Avenue. All
proposed transportations improvements within the
City shall be constructed to the satisfaction of the
City Engineer.

Installation of Traffic Signal Applicant x x x
TRA-2 Prior to occupancy, the proposed project
shall construct appropriate improvements and/or
signage (as determined by the City’s Engineering
Services Division) at the proposed driveway on
Rock Springs Road to restrict egress to right-out
only (left out restricted). This proposed physical
improvement is necessary to reduce the number
of northbound trips from the Project along Rock
Springs Road and also will provide the opportunity
to extend the southbound left-turn lane capacity at
the intersection of W. Mission Avenue and Rock
Springs Road up to 280 feet.

Installation of roadway
improvements
Applicant
Engineering
Services Division
x x x

303
Item17.

Resolution No. 2024-183
Exhibit “E”

EXHIBIT “E”
RESOLUTION NO. 2024-183
PLANNING CASE NO. PL24-0183

Alternative Option No. 1 (Recommended Option) is hereby recommended for conditional approval as set forth within the Planning Commission Staff Report dated November 12, 2024.

For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, or its successor(s) in interest, as may be applicable.

A. General:

1. Acceptance of Permit. Should the Applicant fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant:
a. Acceptance of the Permit by the Applicant; and
b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.

2. Permit Expiration. If the Permit was filed as or concurrent with a Tentative Map or Planned Development application, the Permit shall expire thirty -six (36) month s 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 (1) year from the date of this approval, or the expiration date of any extension granted in accordance with the Escondido Municipa l 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.

3. Certification. The Director of Community Development, 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 con formity with the final action on the Project. This includes 304
Item17.

Resolution No. 2024-183
Exhibit “E”

amending the Project drawings as necessary to incorporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. Three (3) copie s of final Approved Plan set, shall be submitted to the Planning Division for certification. Said plans must be certified by the Planning Division prior to submittal of any post -entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.
a. The operation and/or use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.
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 Community Development to be in substantial conformity wit h the Approved Plan set, including all exhibits and Permit conditions attached hereto. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.

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

6. Certificate of Occupancy.
a. No change in the characte r 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 o ther applicable local and state laws.
b. Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Community Development.

7. Availability of Permit Conditions.
a. Prior to 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 Community Development.
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 305
Item17.

Resolution No. 2024-183
Exhibit “E”

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 sa tisfaction of the Director of Community Development.

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 Community Development Department.

11. Public Art Partnership Program. All requirements of the Public Art Partnership Program, Ordinance No. 86 -70 shall be satisfied prior to any building permit issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program.

12. Clerk Recording.
a. State Law (SB 1535), effective January 1, 2007, requires certain projects to pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resources and/or sensitive habitat, in accordance with State law, or if the Project was analyzed through a negative declaration or environmental 306
Item17.

Resolution No. 2024-183
Exhibit “E”

impact report, the Applicant shall remit to the C ity of Escondido Planning Division, within two (2) working days of the effective date of the adoption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County notification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources 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.

13. Legal Description Adequacy. The legal description attached to the application has been provided by the Applicant and neither the City of Es condido nor any of its employees assume responsibility for the accuracy of said legal description.

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

15. Revocation, Suspension, Modification. At any time after Project implementation, the City may require a noticed public hearing to be scheduled before the Planning Commission to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. This item may be referred to the appropriate decision-making body upon recommendation of the Director of Community Development 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
307
Item17.

Resolution No. 2024-183
Exhibit “E”

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.

16. Indemnification. The Applicant shall hold harmless the City, its Council Members, its Commission and Boards, officers, agents, employees, and representatives from liability for any award, damages, cost s and fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of any approval or denial of the application and from and against any and all claims, losses, proceedings, damages, causes of action, liabilities, costs and expenses, including reasonable attorney's fees, arising from or in connection with, or caused by (i) any act, omission or negligence of Applicant, or their respective contractors, licensees, invitees, agents, sublessees, servants or employees, wherever on or adjacent to the property the same may occur; (ii) any use of the property, or any accident, injury, death or damage to any person or property occurring in, or on or about the property, or any part thereof, or from the conduct of the Applicant or owne r's business or from any activity, work or thing done, permitted or suffered by Applicant or owner or its sublessees, contractors, employees, or invitees, in or about the property, other than to the extent arising as a result of City's sole active negligence or to the extent of any willful misconduct of the City; and(iii) any default in the performance of any obligations of Applicant’s or owner's part to be performed under the terms of this Agreement, or arising from any negligence of Applicant or owner, or any such claim or any action or proceeding brought thereon; and in case any action or proceedings be brought against the City, its officers, employees, agents and representatives, by reason of any such claim, Applicant or owner, upon notice from City, sha ll defend the same at its expense by counsel reasonably satisfactory to City. Applicant further agrees to and shall indemnify, defend, protect, and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions brought by any third party to challenge the Project or its approval by the City, including environmental determinations. Such indemnification shall include any costs and expenses incurred by City in such action(s), including reasonable attorney's fees.

B. Construction, Maintenance, and Operation Obligations:

1. Code Requirements. All construction shall comply with the applicable requirements of the Escondido Municipal Code, Escondido Zoning Code, California Building Code; and the requirements of the Planning Division, Engineering Services Department, Director of Community Development, Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes.

Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit issuance unless specifically waived herein.

308
Item17.

Resolution No. 2024-183
Exhibit “E”

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 ce rtain on - or off -site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies (including County Department of Environmental Health for USTs, APCD for Healy Tanks and Alcohol Beverage Control type 20 license). Nothing in these Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on - or off-site improvements prior to Final Map recordation, grading permit issuance, building permit issuance, or certificate of occupancy as required. This review may result in conditions determined by the reviewing agency.

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

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

4. Signage. All proposed signage associated with the Project must comply with Article 66 (Sign Ordinance) of the Escondido Zoning Code. Separate sign per mits 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, 309
Item17.

Resolution No. 2024-183
Exhibit “E”

as necessary to maintain clean, safe, and efficient appearances.

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

9. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris. Cleaning shall include keeping all publicly used areas free of litter, trash, and garbage.

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

11. Trash Enclosures. Appropriate trash enclosure(s) or other approved trash system shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensuring that enclosures are easily assessa ble 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 visib le signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

12. Staging Construction Areas. All staging areas shall be conducted on the subject property, subject to approval of the Engineering Department. Off-site staging areas, if any, shall be approved through the issuance of an off -site staging area permit/agreement.

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

C. Parking and Loading/Unloading.

1. A minimum of 21 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 stripping shall be drawn on the plans or a note shall be included indicating double stripping per City standards.

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

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.

310
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Resolution No. 2024-183
Exhibit “E”

D. Landscaping: The property owner or management company assumes all responsibility for maintaining all on -site lands caping; 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 App licant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.

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

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

6. Landscaping Plans. Applicant shall install all required improvements including screening walls, retaining walls, storm impro vements, 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 Planning Division for review and approval, if meeting any of the criteria listed under Section 33- 1323 of the Zoning Code. Five (5) 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 (Landsca pe Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

311
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Resolution No. 2024-183
Exhibit “E”

b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. planting and irrigation) are 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 Community Development.
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 Community Development 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 Conditions:

1. Prior to the issuance of building permits for the project, a Lot Tie shall be recorded between APNs 228-220-13-00 and 228-220-43-00. The project applicant shall be responsible for the submittal of the Lot Tie application, all required documents, application fees and recording.

2. The landscape plan attached to the project exhibits is conceptual only. The final landscape plan shall include appropriate screening around th e main building, to include taller shrubs along the northern and eastern sides of the building.

Appropriate street trees also shall be provide along the Rock Springs Road frontage, including along the eastern building frontage. Trees (min. 15 gallon) also shall be provided along the northern perimeter of the site. The final landscape design also shall provide 50 percent or more of shade coverage in 10 years for the open parking spaces.

3. An appropriate property boundary fence or wall shall be provided along the northern and western property boundaries. Appropriate sight distance shall be provided at driveways. Standard chain -link fencing shall not be permitted. Vinyl- clad fencing (with or without slats) would be acceptable. Any perimeter masonry walls shall i nclude pilaster at wall corners, to the satisfaction of the Director of Community Development.
312
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Exhibit “E”

4. The sale of alcoholic beverages as part of this CUP is for the sale of beer and wine only. An appropriate license shall be required from the Department of Alcoho lic Beverage Control.

5. Loitering is prohibited on or around these premises or the area under the control of the licensee.

6. No alcoholic beverage shall be displayed within five feet of the cash register of the front door unless it is in a permanently affixed cooler.

7. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.

8. No sale of alcoholic beverages shall be made from a drive-in window.

9. No display or sale of alcoholic beverages shall be made from any ice container.

10. No self-illuminating advertising for beer and wine shall be located on the buildings or windows.

11. The facility (convenience store and gasoline station operations) shall be allowed to operate 24 hrs. a day. Employees selling alcoholic beverages between the hours of 10:00 p.m. and 12:00 a.m. shall be at least twenty-one years of age.

12. No beer and wine shall be sold between the hours of 12:00 a.m. and 8:00 a.m.

13. At least two signs shall be posted in visible places on the convenience store building (one adjacent to the entrance) stating the consumption of alcoholic beverages on the premises is prohibited and that violators will be prosecuted.

14. The licensee shall comply with all conditions set forth in the premise license issued through the Department of Alcoholic Beverage Control at all times.

15. If the restrictions imposed by the conditions of approval included with this CUP are stricter than those placed on the ABC license, these conditions shall take precedent.

16. There shall be no amusement machines or video game devices in the premises at any time.

17. No wine shall be sold with an alcohol content of greater than 15 percent by volume except for “Dinner Wines” which have been aged two years or more and maintained in corked bottles.

18. Beer, malt beverages, and wine coolers shall not be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities.

19. No other laws shall be violated. Any violation of this Conditional Use Permit or additional conditions set forth in the premise license issued by the Department of Alcoholic Beverage Control may result in a suspension or revocation of this CUP.

20. Prior to the issuance of building permits for the development of the gasoline station, the applicant shall provide evidence to the Escondido Building Division o f the issuance of appropriate permits from the San Diego County Department of Environmental Health for the installation of underground storage tanks (USTs), and 313
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appropriate permits for the installation of Healy Tanks from the Air Pollution Control District (APCD).

F. Mitigation Measures:

CUL-1 The City of Escondido Planning Division (City) recommends the applicant enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a pre - excavation agreement) with a tribe that is traditionally and culturally affiliated with the Project Location (TCA Tribe) prior to issuance of a grading permit. The purposes of the agreement are (1) to provide the applicant with clear expectations regarding tribal cultural resources, and (2) to form alize protocols and procedures between them. Applicant/Owner and the TCA Tribe for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with the construction of the proposed project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, grading, and all other ground disturbing activities.

CUL-2 Prior to issuance of a grading permit, the applicant shall provide written verification to the City that a qualified archaeologist and Native American monitors associated with TCA Tribes have been retained to implement the monitoring program. Because the project is located within shared territory of the Luiseño and Kumeyaay people, Native American monitors representing the interest and values of both the Luiseño and Kumeyaay people will be retained for the project.

The archaeologist shall be responsible for coordinating with the Native American monitors. This verification shall be presented to the City in a letter from the project archaeologist that confirms that Native American monitors represe nting both Luiseño and Kumeyaay TCA Tribes have been retained. The City, prior to any pre-construction meeting, shall approve all persons involved in the monitoring program.

CUL-3 The qualified archaeologist and a Native American monitor shall attend the pre- grading meeting with the grading contractors to explain and coordinate the requirements of the monitoring program.

CUL-4 During the initial grubbing, site grading, excavation or disturbance of the ground surface, the qualified archaeologist and the Native American monitor shall be on site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of tribal cultural resources as defined in California Public Resources Code Section 21074. Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits. The qualified archaeologist, in consultation with the Native American monitor, shall be 314
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responsible for determining the duration and frequency of monitoring.

CUL-5 In the event that previously unidentified tribal cultural resources are discovered, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non -significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.

CUL-6 If a potentially significant tribal cultural resource is discovered, the archaeologist shall notify the City of said discovery. The qualified archaeologist, in consultation with the City, the TCA Tribe and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the tribal cultural resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the TCA Tribe and the Native American monitor and be submitted to the City for review and approval.

CUL-7 The avoidance and/or preservation of the significant tribal cultural resource and/or unique archaeological resource must first be considered and evaluated as required by CEQA. Where any significant tribal cultural resources and/or unique archaeological resources have been discovered and avoidance and/or preservation measures are deemed to be infeasible by the City, then a research design and data recovery program to mitigate impacts shall be prepared by the qualified archaeologist (using professional archaeological methods), in consultation with the TCA Tribe and the Native American monitor, and shall be subject to approval by the City. The archaeological monitor, in cons ultation with the Native American monitor, shall determine the amount of material to be recovered for an adequate artifact sample for analysis. Before construction activities are allowed to resume in the affected area, the research design and data recovery program activities must be concluded to the satisfaction of the City.

CUL-8 As specified by California Health and Safety Code Section 7050.5, if human remains are found on the project site during construction or during archaeological work, the person resp onsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office.

Determination of whether the remains are human shall be conducted on-site and in situ where they were discovered by a foren sic anthropologist, unless the forensic anthropologist and the Native American monitor agree to remove the remains to an off -site location for examination. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition. A temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the Native American Heritage Commission, shall be contacted in order to determi ne proper treatment and 315
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disposition of the remains in accordance with California Public Resources Code section 5097.98. The Native American remains shall be kept in-situ, or in a secure location in close proximity to where they were found, and the analysis of the remains shall only occur on-site in the presence of a Native American monitor.

CUL-9 If the qualified archaeologist elects to collect any archaeological materials that qualify as tribal cultural resources, the Native American monitor(s) must be present during any testing or cataloging of those resources. Moreover, if the qualified archaeologist does not collect the archaeological materials that qualify as tribal cultural resources that are unearthed during the ground disturbing activities, the Nati ve American monitor(s), may at their discretion, collect said resources and provide them to the TCA Tribe for respectful and dignified treatment in accordance with the Tribe’s cultural and spiritual traditions. The project archaeologist shall document evid ence that all cultural materials have been curated and/or repatriated as follows:
1) It is the preference of the City that all tribal cultural resources be repatriated to the TCA Tribe as such preference would be the most culturally sensitive, appropriate, and dignified. Therefore, any tribal cultural resources collected by the qualified archaeologist shall be provided to the TCA Tribe. Evidence that all cultural materials collected have been repatriated shall be in the form of a letter from the TCA Tribe to whom the tribal cultural resources have been repatriated identifying that the archaeological materials have been received.

OR
2) Any tribal cultural resources collected by the qualified archaeologist shall be curated with its associated records at a San Dieg o curation facility or a culturally- affiliated Tribal curation facility that meets federal standards per 36 CFR Part 79, and, therefore, would be professionally curated and made available to other archaeologists/ researchers for further study. The collection and associated records, including title, shall be transferred to the San Diego curation facility or culturally affiliated Tribal curation facility and shall be accompanied by payment of the fees necessary for permanent curation.

Evidence that all cultu ral materials collected have been curated shall be in the form of a letter from the curation facility stating the prehistoric archaeological materials have been received and that all fees have been paid.

CUL-10 Prior to the release of the grading bond, a m onitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusion of the archaeological monitoring program and any data recovery program on the project site shall be submitted by the qualified archaeologist to the City. The Native American monitor shall be responsible for providing any notes or comments to the qualified archaeologist in a timely manner to be submitted with the report. The report will include California Department of Parks and Recreation Primary and Archaeological Site Forms for any newly discovered resources. 316
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GEO-1 Prior to issuance of a grading permit or ground disturbing activities, a preliminary assessment by a professional paleontological resource consultant shall be conducted to determine if the characteristics of a unique paleontological resource or site are present. If determined to be present, and the potential for destruction of a unique paleontological resource or site exists, the preliminary assessment must make recommendations for mitigating potential impacts, such as monitoring during construction, or identify requirements for the proper documentation per state or federal guidelines, of any significant resource proposed to be impacted.

NOI-1 To reduce potential construction noise impacts, the following multi-part mitigation shall be implemented for the proposed project:
 The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment.
 The construction contractor shall ensure that unnecessary idling of internal engines (i.e., idling in excess of 5 minutes) is prohibited.  The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.  At all times during proposed project grading and construction, the construction contractor shall ensure that stationary noise -generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from the nearest residential land uses.  The construction contractor shall designate a noise disturbance coordinator who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaints (starting too early, bad muffler, etc.) and establishment reasonable measures necessary to correct the problem. The construction contractor shall visibly post a telephone number for the disturbance coordinator at the construction site.

TRA-1 Removed by Resolution No. 2024-183.

TRA-2 Removed by Resolution No. 2024-183.

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ENGINEERING CONDITIONS OF APPROVAL

GENERAL

1. The Developer shall provide the City Engineer with a Preliminary Title Report covering subject property.

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

3. Improvement plans prepared by a Civil Engineer are required for all public street and utility improvements and a Grading/Private Improvement plan prepared by Civil Engineer is required for all grading, drainage and private onsite improvement design.

Landscaping Plans shall be prepared by a Landscape Architect.

4. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Grading and Improvements Cost prepared by the project engineer. The Developer is required to provide a Cash Clean Up deposit for all grading, landscaping, private Improvements and onsite drainage improvements prior to approval of Grading Plans and issuance of Grading Permit. This Cash Clean Up Deposit amount shall be 10% o f the total cost of the project private improvements, drainage and landscaping. The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10 % of total public improvement cost estimate) bonds for all public improvements prior to approval of the Improvement Plans and issuance of Building Permits. All improvements shall be completed prior to issuance of a Certificate of Occupancy.

5. As surety for the construction of required off-site and/or on-site improvements, bonds and agreements in a form acceptable to the City Attorney shall be posted by the Developer with the City of Escondido prior to the approval of any building permit.

6. If site conditions change adjacent to the proposed development prior to completion of the project, the Developer will be responsible to modify his/her improvements to accommodate these changes. The determination and extent of the modification shall be to the satisfaction of the City Engineer.

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

8. The Developer’s engineer shall submit to the Planning Division three (3) copies of the Site Plan as presented to the Planning Commission and approved by the City Council together with any changes contained in the adopted final conditions of approval. The Site Plan will be certified by the Planning Division verifying that they are an accurate 318
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reproduction of the approved Site Plan and one of these copies must be included with the first Final Engineering submittal for plan check to the Engineering Department.

STREET IMPROVEMENTS AND TRAFFIC

1. Public street improvements shall be constructed to City Standards as required by the Subdivision Ordinance and to the satisfaction of the City Engineer. Specific details, including final street improvement widths, right-of-way widths, concrete curb and gutters, curb returns and pedestrian ramps, drainage, lighting, etc. shall be to the satisfaction of the City Engineer.

2. Removed by Resolution No. 2024-183.

3. Removed by Resolution No. 2024-183.

4. The project’s access drive shall be constructed as an alley -type driveway apron with a minimum throat width of 24-feet and a driveway apron with a 4 -feet minimum ADA path of travel maintained near the right -of-way line to the satisfaction of the City Engineer.

5. The Developer shall construct a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue prior to project occupancy. The Developer shall submit separate traffic signal and signing and striping improvement plans prepared by a Traffic Engineer for review and approval by the City Engineer. The traffic signal design shall be per current City, Caltrans, and MUTCD Standards and shall include video detection, APS, and interconnect conduits and cables to an existing traffic signal controller. The Developer’s 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.

6. Removed by Resolution No. 2024-183.

7. The Developer may be responsible for an o verlay of Rock Springs Road due to the many utility trenches necessary to serve this project. The determination of the extent of the overlay shall be to the satisfaction of the City Engineer.

8. The Developer shall remove and replace all damaged sidewalk, curb and gutter, along all project frontages to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy.

9. The Developer’s engineer shall prepare and submit for approval by the City Engineer a complete final Signing and Striping pl an for all improved and modified roadways.

The Developer will be responsible for removal of all existing and the construction of all new signing and striping in compliance with the current CA MUTCD standards and to the satisfaction of the City Engineer.

10. The Developer shall repaint all pavement striping and markings adjacent to the project that have been damaged and prematurely faded due to project construction traffic to the satisfaction of the City Engineer.
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11. Adequate horizontal sight distance shall be provided at all driveways. Increased parkway widths, open space easements, and restrictions on landscaping may be required at the discretion of the City Engineer

12. Pedestrian access routes meeting current ADA requirements shall be provided into the project to the satisfaction of the City Engineer and City Building Official.

13. The Developer will be required to provide a detailed detour and traffic control plan, for all construction and staging activities, and any requested materials placement within existing rights-of-way to the satisfaction of the City Engineer. This plan shall include any proposed sidewalk closures and provide for alternate pedestrian access around the project site. This plan shall be approved prior to the issuance of an Encroachment Permit for construction or other project activities within the public right-of-way.

14. The existing W. Mission Avenue bus stop shall be relocated to the satisfaction of the North County Transit District (NCTD) and the City Engineer. The relocated bus stop shall be constructed on W. Mission Avenue along the project frontage. The developer shall provide written correspondence from NCTD stating they have approved the proposed location of
the bus stop prior to approval of the Improvement Plan. The NCTD approved bus stop location shall be shown the Improvement Plan.

15. Removed by Resolution No. 2024-183.

16. The proposed Rock Springs Road driveway shall be signed and striped for right turns in and out only.

17. Prior to occupancy, a signal shall be constructed and operational at the intersection of Rock Springs Road and W. Lincoln Avenue. All proposed transportations improvements within the City shall be constructed to the satisfaction of the City Engineer.

18. Prior to occupancy, the proposed project shall construct appropriate improveme nts and/or signage (as determined by the City’s Engineering Services Division) at the proposed driveway on Rock Springs Road to restrict egress to right -out only (left out restricted). This proposed physical improvement is necessary to reduce the number of northbound trips from the Project along Rock Springs Road and also will provide the opportunity to extend the southbound left-turn lane capacity at the intersection of W. Mission Avenue and Rock Springs Road up to 280 feet.

GRADING and SITE IMPROVEMENTS

1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be approved by the Engineering Department prior to issuance of building permits. The first submittal of the grading plan shall be accompanied by 3 copies 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.
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2. All private driveways and parking areas shall be paved with a minimum of 3” asphalt concrete (AC) over 6” of asphalt base (AB) or 7” portland concrete cement (PCC) over 6” AB. All paved areas exceeding 15% slope or less than 1.0% shall be paved with PCC.

3. The Developer will be required to obtain permis sion from adjoining property owners for any off-site grading or work necessary to construct the project and/or the required improvements.

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.

5. The Developer shall be responsible for the recycling of all excavated materials designated as Indust rial 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. All blasting operations performed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.

8. All existing foundations, structures, trees not otherwise noted to remain or be relocated shall be removed or demolished from the site.

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

DRAINAGE

1. Final on -site and off -site storm drain improvements shall be determined to the satisfaction of the City Engineer and shall be based on a Drainage Study to be prepared by the Engineer of Work. The drainage study shall be in conformance with the City of Escondido Design Standards.

2. All on-site storm drains not in public easements are private. The responsibility for maintenance of these storm drains shall be that of the Property Owner.

3. A 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 approv al with the final improvement and grading plans. The SWQMP shall include treatment calculations, post-construction storm water treatment measures, and maintenance requirements and responsibilities both for onsite treatment and also any “Green Street” facil ities 321
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located in the public right -of-way. The SWQMP shall demonstrate how proposed proprietary best management practices meet bio -filtration treatment requirements in accordance with the City’s Storm Water Design Manual.

4. Storm water runoff from the W. Miss ion Avenue frontage improvements shall be treated in accordance with Green Streets” best management practices (BMPs).

5. All site drainage with emphasis on the parking and driveway areas shall be treated to remove expected contaminants using a high efficiency non-mechanical method of treatment. The City highly encourages the use of bio-retention areas as the primary method of storm water retention and treatment. The landscape plans will need to reflect these areas of storm water treatment.

6. The Developer will be required to have the current owner of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement.

7. All storm water treatment and retention facilities and their drains including the bio - retention basins and planters shall be considered private. The responsibility for maintenance of these post construction storm water treatment facilities shall be that of the Property Owner.

WATER SUPPLY

1. All water services, detector check assemblies, and other water appurtenances shall be designed and installed at locations required and approved by the Director of Utilities. All new water lateral locations and sizing shall be to the satisfaction of the City Engineer and, in accordance with the current City of Escondido Design Standards and Standard Drawings and to the satisfaction of the Utilities Engineer.

2. Fire hydrants together with an adequate water supply shall be installed at locations approved by the Fire Marshal. Fire hydrants shall connect to a minimum 8-inch water main.

3. Where fire hydrants are being relocated, the abandoned fire hydrant laterals shall be abandoned at the water main. All existing gate valves and tees shall be removed and a straight run of pipe shall be replaced within the water main to the nearest joints.

4. A fire suppression sprinkler system shall be designed and constructed per current City of Escondido Design Standards and Standard Drawings and per the requirements of the Fire Marshal.

5. Water meters and back flow prevention devices shall not be installed within a driveway apron or private drive areas.

6. All on-site water lines and backflow prevention devices not in public easements or the City’s Right of Way shall be considered a private water system. The Property Owner will be solely responsible for all maintenance of these water lines and facilities.

7. No trees or deep rooted plants shall be planted within 10-feet of any water service. 322
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SEWER

1. A private 6 -inch minimum (PVC) sewer lateral with a standard clean -out within the right-of- way shall be constructed for the project and shown on the Improvement and Grading plans. Sewer laterals less than 8 -inches in diameter shall connect to the sewer main with a wye fitting or Inserta-Tee. 8-inches in diameter sewer laterals shall be connected to the public sewer at a manhole.

2. All sewer laterals shall be constructed per current City of Escondido Design Standards and Standard Drawings and per the current Uniform Plumbing Code.

3. No trees or deep rooted bushes shall be planted within 15 -feet of any sewer main or within 10-feet of any sew er lateral. Sewer laterals shall be 5 -feet horizontally clear from other utilities.

4. All abandoned sewer laterals shall be removed or capped at the property line and so noted on the improvement plans to the satisfaction of the Utilities Engineer.

5. All sewer lateral(s) and grease traps shall be considered a private sewer system. The Property Owner will be responsible for all maintenance of the sewer lateral(s) and system to the sewer main.

6. A grease trap, if required for the restaurant component of the project, shall be installed at an approved location to the satisfaction of the Director of Utilities.

LANDSCAPE

1. A site landscaping and irrigation plan shall be submitted to the Engineering Department with the second submittal of the grading plan for review and approval by Engineering and Planning Departments. The initial submittal of the landscape plans shall include the required plan check fees.

2. Permanent landscaping shall be installed along the project frontage and all areas disturbed by the project (including offsite areas). The landscaping, including storm water treatment BMPs and landscaping installed in the right -of-way, shall be maintained by the property owner.

EASEMENTS AND DEDICATIONS

1. The developer shall make all necessary dedications (or, if appropria te, offer of dedications) for public rights-of-way on the following streets contiguous to the project to bring the roadways to the indicated classification.

STREET CLASSIFICATION
W. Mission Avenue Major Road (51’ CL to R/W - 9’ dedication)

2. All easements, both private and public, affecting subject property shall be shown and 323
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delineated on the Grading and Improvement Plans.

3. The developer shall dedicate to the public a 20 -foot radius corner rounding at W.

Mission Avenue and Rock Springs Road.

4. The Developer is responsible for making the arrangements quitclaim all easements of record which conflict with the proposed development prior to approval of the Grading plans and Building Permits. Building permits will not be issued for lots in which construction will conflict with existing easements or utilities, nor will any securities be released until the existing easements are quitclaimed. The initial submittal of the plat and legal shall include the required dedication fee in effect at the time of the submittal.

Material necessary for processing a dedication or easement shall include: a current grant deed or title report, a legal description and plat of the dedication or easement signed and sealed by a person authorized to practice land s urveying and traverse closure tapes. The City will prepare all final public documents.

FEES

1. A cash security shall be posted to pay any costs incurred by the City to clean -up eroded soils and debris, repair damage to public or private property and improvements, install new BMPs, and stabilize and/or close -up a non-responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the Developer until the required cash security is replaced. The cleanup cash security shall be released upon final acceptance of the grading and improvements for this project.

The amount of the cash security shall be 10% of the total estimated cost of the grading, drainage, landscaping, and best management practices items of work with a minimum of $5,000 up to a maximum of 36,000, unless a higher amount is deemed necessary by the City Engineer.

2. Removed by Resolution No. 2024-183.

3. The Developer shall be required to pay all development fees of the City then in effect at the time, and in such amounts as may prevail when building permits are issued.

UTILITY UNDERGROUNDING AND RELOCATION

1. All existing overhead utilities within the subdivision boundary or along fronting streets shall be relocated underground as required by the Subdivision Ordinance. The developer may request a waiver of this condition by writing a letter to the City Engineer explaining his/her reasons for requesting the waiver. The developer will be required to pay a waiver fee as adopted by City Council resolution.

2. The Developer shall sign a written agreement stating that he has made all such arrangements as may be necessary to coordinate and provide utility construction, 324
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relocation and undergrounding. All new utilities shall be constructed underground.

SURVEYING AND MONUMENTATION

1. All property corners shall be monumented by a person authorized to practice land surveying and a Record of Survey (or Corner Record if appropriate) shall be recorded.
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STAFF REPORT

December 4, 2024
File Number 0480-40

SUBJECT

SHORT-TERM RENTAL PILOT PROGRAM

DEPARTMENT
City Manager

RECOMMENDATION
Request the City Council adopt Ordinance No. 2024-07 for the Short-Term Rental Pilot Program of the City of Escondido to allow Short-Term rentals to operate within the City, including amendments to 1) the Escondido Municipal Code Chapter 16 (Business Licenses) for processes, procedures, administration and enforcement; and 2) adopt Escondido Municipal Code Chapter 25 (Taxation) for collection of Transient Occupancy Tax ; and Resolution No. 2024-181 establishing new fees for the Pilot Short -Term Rental Ordinance
Staff Recommendation: Approval (Economic Development: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jennifer Schoeneck, Director of Economic Development and Pedro Cardenas, Management Analyst
ESSENTIAL SERVICE – Yes, Land Use/Development.

COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido.

FISCAL ANALYSIS
The adoption of a Short-Term Rental Ordinance creates an opportunity for increased Transient Occupancy Tax (“TOT”) revenue to the City’s General Fund. The estimated potential TOT collection from regulating these activities is $280,000 per year. Should the City Council adopt the Ordinance, applicants will be able to apply for the required short-term rental permit and license online and pay their TOT. The cost for such a platform will be cost recovered through the short-term rental program revenue. For Short-Term Rental Administration, the City will charge applicants a $231 inspection fee , and $25 0 per short -term renta l application charged annually.

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PREVIOUS ACTION
In September 2022, city staff created a request for proposals ( “RFP”) to seek expertise for addressing short-term rentals. By October 2022, five companies had submitted their proposals, and in November 2022, Granicus was selected to assess the current market and develop municipal code regulations related to short-term rentals.

In June 2023, the initial findings and process were presented to the Economic Development Subcommittee, accompanied by the launch of a community survey. A draft of the municipal code was created in September 2023, followed by an initial review and feedback session with the Economic Development Subcommittee in October 2023. To further engage the community, a public meeting was held on November 7, 2023, where additional input was gathered.

In February 2024, an internal review was conducted, involving code enforcement, planning, economic development, and legal staff. On March 4, 2024, the updated draft was presented for a second review to the Economic Development Committee, and on March 26, 2 024, the Planning Commission received and advised on the Land Use components of the Pilot Program: Short -Term Rental Ordinance (PL23-0411). A new platform is expected to be operational, enabling short -term rental registrations and TOT payments by the middle of 2025.

BACKGROUND
The City of Escondido Municipal Code (“EMC”) does not currently address or regulate short-term rentals (i.e., rentals of 30 -days or less) because such regulation does not exist within the EMC and as a result , such use is not permitte d within the City. In September 2022, City Council directed City staff to identify and evaluate existing conditions of short-term rental activity within the City and subsequently draft a new Short-Term Rental Ordinance (“Project”). City staff conducted a R FP process to procure a consultant to assist with such endeavor. City staff selected the consultant Granicus (“Consultant”) to support the Project. Through assessment of existing conditions, City staff and the Consultant identified approximately 193 total short-term rental listings within the City for which the City does not collect or receive TOT (i.e., revenues). During the Project, the City conducted robust community outreach and presented the Project findings to the Economic Development Subcommittee (“Subcommittee”) for feedback.

Community Outreach: On June 7, 2023, the City, in partnership with the Consultant, launched a short - term rental website and released a community survey to gauge sentiment about short -term rental regulation. Stakeholders provided 198 survey responses to-date (Attachment “1”). Such stakeholders may include members of the general public, short-term rental advocates and/or existing operators, business owners, property owners, and others. On November 7, 2023, City staff presented to the Subcommittee in an effort to obtain additional community feedback. At this meeting, attendees shared their thoughts and concerns regarding the proposed regulation and draft ordinance. On March 4, 2024, City staff presented a revised draft of the proposed ordinance to the Subcommittee in response to the community feedback 327
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received at the prior Subcommittee meeting. The Subcommittee provided no further comment on the draft ordinance in its current form, and approved moving the item to the Planning Commission for their review and recommendations to City Council. Staff presented the Ordinance to the Planning Commission on March 26, 2024 and received robust feedback from the public and Commission on land-use considerations which Staff took back to the Subcommittee before presenting a final version to the full City Council.

In order to successfully implement the Short-Term Rental program, City staff has selected HdL through an RFP process to administer this program internally through its online platform software. The RFP solicited bids for short-term rental administration, business license administration, and TOT administration. Based on staff’s internal evaluation, the HdL team possesses the skills and experience necessary to successfully execute the scope of work for the program. With this understanding, staff will award the contract to HdL following an approval of the Short-Term Rental Pilot program from the Escondido City Council.

HdL was established over 40 years ago and provides software application s and professional services to local governments which help to automate and improve processes in various functional areas. They work with over 355 local governments in California. HdL will provide comprehensive operations management services, including the establishment and maintenance of a database of short -term rental lodging providers, processing of registrations, tax returns, and payments

RESOLUTIONS
a) Resolution No. 2024-181
b) Resolution No. 2024-181— Exhibit “A”— Short-Term Rental Registration and Inspection Fees

ORDINANCES
a) Ordinance No. 2024-07
b) Ordinance No. 2024-07— Exhibit “A”—Escondido Municipal Code Chapter 25 (Taxation) c) Ordinance No. 2024 -07— Exhibit “B”—Escondido Municipal Code Chapter 16 (Business Licenses)

ATTACHMENTS

a) Attachment “1”— Short-Term Rental Survey Responses
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RESOLUTION NO. 2024-181

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING FEES RELATED TO
CHAPTER 16 LICENSE AND BUSINESS REGULATIONS
GENERALLY, ARTICLE 8, SHORT-TERM RENTALS

WHEREAS, City staff has conducted an analysis to provide for the administration of a Pilot Short- Term Rental program, the costs actually and reasonably borne by the City in provided those services, and the beneficiaries of those services. Based on the analysis, City staff recommends creating a registration and inspection fee related to Chapter 16 (License and Business Regulations Generally ), Article 8 (Short- Term Rentals); and
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, local agencies have the authority to establish and charge fees for various activities as long as those fees do not exceed the estimated reasonable costs of provided the service for which the fee is intended; and WHEREAS, the City Council desires that annually, the City Manager, or City M anager designee, may update the fees based on the prior year annual percentage change in the Consumer Price Index (“CPI”) adjustments as measured in San Diego County for a given year. If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year unless a public hearing is held to consider amendment of fees; and
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to adopt the new fees which are compliant with state law associated with the Short-Term Rental Program, as presented in Exhibit “A,” which is attached to this Resolution and incorporated by this reference as though fully set forth herein.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:

1. That the above recitations are true.

2. That the City Council approves the Short -Term Rental Registration and Inspection Fees contained in Exhibit “A.”

3. That the fee shall be effective on July 1, 2025.

4. Environmental Exemption. The adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA,” Public Resources Code Sections 21000 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City departments, as set forth in Public Resources Code Section 21080(b)(8)(A).

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HdL Contract for Services -
Short Term Rentals (STR)
Fee Unit/Item Frequency
$250 Application fee Annual
$231 Inspection fee Annual
Resolution No. 2024-181
Exhibit "A"

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Short Term Rental Survey

SURVEY RESPONSE REPORT
27 June 2023 - 13 March 2024
PROJECT NAME:

Short Term Rentals
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Attachment "1"
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There is a wide range of opinions and concerns regarding short-term rentals (STRs) in Escondido. Here's a summary of the main points expressed:

1. Support for STRs:
• Some respondents believe that allowing STRs will bring in more revenue for the city and support the local economy.
• They argue that Escondido has much to offer visitors and becoming a destination place would prompt action to maintain the city's attractiveness and integrity.

2. Regulation and Concerns:
• Many respondents advocate for regulations to address various concerns such as noise, safety, parking issues, and the impact on residential neighborhoods.
• Suggestions for regulations include obtaining contact information for guests, zoning considerations, occupancy limits, quiet hours enforcement, and distinguishing between individual owners and corporate investors. • Concerns were raised about the negative impact on housing affordability, disruption to communities, property values, and safety, especially in neighborhoods with schools or families.
• Some suggest limits on the number of STRs per area or neighborhood and stricter enforcement measures for noise and behavior violations. • There are calls for differentiation between whole-property rentals and rentals of rooms within owner-occupied residences.

3. Opposition to STRs:
• Some respondents outright oppose STRs, citing concerns about the housing shortage, neighborhood disruption, decreased property values, and commercial activities in residential areas.
• Calls for outright bans on STRs, especially in single-family residential neighborhoods, were expressed.

4. Revenue Generation and Taxes:
• Some suggest taxing STRs to generate revenue for the city, addressing deficits, and funding other issues like affordable housing. • Concerns were raised about fairness in taxing individual owners compared to larger corporations.

5. Desire for Local Input and Control:
• Several respondents emphasized the importance of community input in decisions regarding STR regulations, suggesting options like neighborhood voting or notification of STR permits.

6. Enforcement and Accountability:

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• There are concerns about the effectiveness of enforcement and the accountability of property owners and rental agencies in addressing complaints and violations.
• Calls for strict enforcement measures, including fines and penalties, were made to deter disruptive behavior and ensure compliance with regulations.

7. General Sentiments:
• Some respondents feel that STR regulations should not overly restrict property owners' rights, while others prioritize neighborhood peace and safety over individual property rights.
• Concerns were raised about the potential negative impact of STRs on the character and quality of life in residential neighborhoods.

Attachment "1"
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ORDINANCE NO. 2024-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ESTABLISHING SHORT-TERM

RENTAL REGULATIONS AND TRANSIENT OCCUPANCY

TAX PROVISIONS FOR THE COLLECTION OF SHORT-TERM

RENTAL REVENUE

WHEREAS, the City of Escondido (“City”) has experienced an increase in the number of residential properties being used as short-term rentals; and
WHEREAS, short-term rentals properties and units are not explicitly addressed or regulated in the Escondido Municipal Code; and
WHEREAS, the City is informed and believes there are approximately 181 registered short-term rentals in the City’s jurisdiction; and
WHEREAS, the City has received complaints related to the operation of short -term rentals in residential neighborhoods, including complaints concerning excessive occupants, noise, reduction of street parking, and increased trash; and
WHEREAS, City staff desires to minimize the adverse impacts short -term rentals may have on surrounding residential properties and neighborhood s through the implementation of a program of administration and enforcement; and
WHEREAS, in September 2022, City staff was directed to go out to bid through a request for proposal and selected Granicus, LLC to help assess the current market and create a municipal code related to short-term rentals; and
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WHEREAS, in an effort to collect robust community feedback, the City launched the Engage Escondido webpage with a survey on short-term rentals; and WHEREAS, City staff has been before the Economic Developmen t Subcommittee on various occasions for feedback and policy discussion, as well as taking in public comment; and WHEREAS, on March 26, 2024, City staff presented a draft short-term rental ordinance to the City of Escondido Planning Commission for feedback on the land-use components of the program; and WHEREAS, the City desires and finds that it is in the best interests of the public to establish the Short-Term Rental requirements in Chapter 16, Article 8, of the Escondido Municipal Code to allow short- Term rentals to operate within the City and regulate the processes, procedures, administration and enforcement for the short-term rental pilot program; and WHEREAS, the City desires and finds that it is in the best interests of the City to amend Escondido Municipal Code Chapter 25 (Taxation), Article 4, for the collection of Transient Occupancy Tax related to the Short-Term Rental properties and units.

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

SECTION 1: That the above recitations are true.

SECTION 2: Proper notices of a public hearing have been given and public hearings have been held before the Planning Commission and City Council on this issue.

SECTION 3. The City C ouncil has reviewed and considered all evidence submitted at said hearings, including, without limitation:
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a. Written information;
b. Oral testimony from City staff, interested parties, and the public; c. The current staff report dated December 4, 2024, which along with their attachments are incorporated herein by this reference as though full set forth herein; and d. Additional information submitted during the Public Hearing.

SECTION 4. Upon consideration of Chapter 16, Licenses and Business Regulations Generally, Article 8, Short-Term Rentals, Sections 16.8.010 through 16.8.140 , inclusive, and Chapter 25, Taxation, Article 4, Transient Occupancy Tax, Sections 25-75 through 25-94, inclusive, attached herein as Exhibit “A” and Exhibit “B” respectively, and incorporated herein by reference as through fully set forth, the City Council desires at this time and deems it to be in the best public interest to adopt and enact the Short- Term Rental Requirements provided for in Exhibit “A” and amendments to Transient Occupancy Tax collection provided for in Exhibit “B”.

SECTION 5. SEVERABILITY. If any section, subsection sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional f or 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 6. ENVIRONMENTAL REVIEW. The adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”), Public Resources Code § 21000, et seq.

SECTION 7. As of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
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SECTION 8. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
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Ordinance No. 2024-07
Exhibit “A”

ARTICLE 4. TRANSIENT OCCUPANCY TAX
(All Content Displayed)

Sec. 25-75. Definitions.

Sec. 25-76. Tax administrator’s regulations.

Sec. 25-77. Transient occupancy registration certificate.

Sec. 25-78. Tax rate; collection; payment.

Sec. 25-79. Operator duties.

Sec. 25-80. Reporting, remitting tax.

Sec. 25-81. Violations.

Sec. 25-82. Penalties.

Sec. 25-83. Remedies cumulative.

Sec. 25-84. Tax assessment; hearing.

Sec. 25-85. Appeal; payment under protest.

Sec. 25-86. Registration certificate revocation.

Sec. 25-87. Records retention; inspection; cost recovery.

Sec. 25-88. Refunds.

Sec. 25-89. Actions to collect taxes and enforcement of liens.

Sec. 25-90. Business termination.

Sec. 25-91. Duty of successor of operator.

Sec. 25-92. Confidentiality.

Sec. 25-93. Notice.

Sec. 25-94. Severability.

Sec. 25-75. Definitions.

The following definitions are applicable to this article:

Transient Lodging shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, short-term rental, inn, tourist home or house, motel, studio, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or other similar structure or portion thereof. “Transient lodging” does not mean any hospital, convalescent home or sanitarium.

Occupancy shall mean the use or possession or the right to the use or possession of any room or rooms or portion thereof in any transient lodging for dwelling, lodging or sleeping purposes. 346
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Operator shall mean the person who is proprietor of the transient lodging, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. “Operator” includes a managing agent, a resident manager, a resident agent or any other individual acting in a management capacity. Where the operator performs the function of booking or charging for a room through an agent of any type or character other than an employee, the agent shall also be deemed an operator for the purposes of this article and shall have the same duties and liabilities as the principal.

Person shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.

Qualifying rental agreement shall mean and is limited to a written contract signed by both the operator and tenant, legally enforceable by either party, for a rental period of not less than thirty-one (31) consecutive days. “Qualifying rental agreement” shall expressly exclude: (1) any agreement regardless of length of the rental term that may be terminated for any reason by either party or by mutual consent prior to the thirty- first (31st) consecutive day of the tenancy; or (2) any agreement that would constitute a violation of law. Any person who has a written agreement with the operator, entered into within the first thirty (30) days of the person's occupancy, that states that the person will stay for more than thirty (30) consecutive calendar days, must pay TOT for the first thirty (30) days of the person’s stay in accordance with this chapter.

Rent shall mean the consideration charged to the transient, whether or not received, for the occupancy of space in transient lodging, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever and any: (1) unrefunded advance rental deposits; or (2) separate charges levied for items or services which are part of such occupancy including, but not limited to, furniture, fixtures, appliances, linens, towels, non-coin-operated safes, energy surcharges and maid service. Charges for parking to guests are considered to be part of the room rent in computing the charges subject to the occupancy tax.

Charges for products or services that are subject to tax under sales and use tax laws, such as food or beverages, will not be subject to the occupancy tax.

Successor to operator shall mean any person who acquires the right to operate transient lodging from a preceding operator, by whatever means, including purchase, foreclosure, operation of lease, or by any other means. A transfer of an ownership or management interest in transient lodging, wherein the facility continues to operate as such, either continuously or for business interruption not exceeding thirty (30) days, shall constitute a succession for purposes of this article.

Tax administrator shall mean the City of Escondido’s director of finance.

Transient shall mean any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in transient lodging shall be deemed to be a transient until thirty (30) consecutive days have expired or until such date that a person has entered into a qualifying rental agreement. 347
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Ordinance No. 2024-07
Exhibit “A”

Transient occupancy registration certificate shall mean the form provided by the tax administrator authorizing an operator to collect transient occupancy tax on behalf of the City of Escondido. (Ord. No. 2012- 19, § 1, 12-12-12; Ord. No. 2021-07, § 6, 8-11-21)

Sec. 25-76. Tax administrator’s regulations.

The tax administrator may promulgate reasonable rules, interpretations and regulations to implement and enforce the provisions of this article. (Ord. No. 2012- 19, § 1, 12-12-12)

Sec. 25-77. Transient occupancy registration certificate. (a) Before commencing business or following a change in transient lodging ownership, each operator renting to transients shall register with the tax administrator and shall obtain a transient occupancy registration certificate. The certificate shall at all times be posted in a public visible place on the premises such that transients may read the certificate during the registration process. (b) The certificate shall, among other things, state the following:
(1) The name of the operator;
(2) The transient lodging address;
(3) The date upon which the certificate was issued.
(c) A transient occupancy registration certificate signifies that the operator understands the requirements of this article, has registered with the tax administrator for the purpose of collecting transient occupancy tax and acknowledges the procedures for remitting such tax to the tax administrator each month.

The certificate is not assignable and is nontransferable and shall be surrendered immediately to the tax collector upon cessation of business at the location named or upon the sale or transfer of the business or the real property on which the business is located.
(d) A transient occupancy registration certificate does not authorize any person to conduct any unlawful business, to conduct any lawful business in an unlawful manner, or to operate transient lodging without strictly complying with all local applicable laws.
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(e) To insure compliance with transient occupancy tax payment requirements, the tax administrator may require a security deposit, equal to one month’s estimated transient occupancy tax, from a new operator before issuing a transient occupancy registration certificate. The tax administrator may release the security deposit following twelve (12) months of timely remittance of all required transient occupancy tax and associated returns. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-78. Tax rate; collection; payment.
(a) For the privilege of occupancy in any transient lodging, each transient is subject to and shall pay a transient occupancy tax in the amount of ten (10) percent of the rent charged by the operator. The tax imposed pursuant to this article constitutes a tax owed by each transient to the city which is extinguished only by payment to the operator at the time the rent is paid or to the city. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. (b) A person who begins occupancy in any transient lodging as a transient and later signs a qualifying rental agreement owes the transient occupancy tax for each day of occupancy prior to the effective date of the qualifying rental agreement. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-79. Operator duties.
(a) All taxes collected by an operator shall be held in trust for the City of Escondido until submitted to the tax administrator. An operator shall maintain records as required by the tax administrator to ensure the proper amount of tax is collected and remitted. An operator shall not commingle any funds from personal or other business sources with financial accounts containing transient lodging income. (b) Each operator shall collect the tax imposed by this article at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged and the operator shall maintain records documenting every occupancy whether transient or not. A qualifying rental agreement shall document every non-transient occupancy. Each transient shall receive a receipt for the tax payment from the operator and the operator shall maintain a duplicate receipt in accordance with this article.
(c) If the operator collects the rent but fails to collect the transient occupancy tax for any reason, the operator shall pay the transient occupancy tax.
(d) No operator of transient lodging shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. 349
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Ordinance No. 2024-07
Exhibit “A”

(e) An operator who collects transient occupancy taxes and fails to remit the taxes collected pursuant to this chapter may be subject to prosecution under section 424 of the Penal Code of the State of California. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-80. Reporting, remitting tax.
(a) All operators shall remit monthly the full amount of taxes collected for transient occupancies for the preceding month along with the required transient occupancy tax return on a form approved by the tax administrator.
(b) Taxes remitted shall include the appropriate tax return form and must be actually received by the tax administrator on or before the last day of the month that follows the reporting month; otherwise the taxes are delinquent and subject to the penalties authorized by section 25-82. When City Hall is closed on the last day of the month, the tax submission deadline shall be extended to the next business day. (c) Upon cessation of business or change in ownership, all tax due and the associated tax return shall be immediately remitted to the tax administrator.
(d) When required by the tax administrator to protect the funds held in trust, the operator shall submit tax returns and payments at an increased frequency. The tax administrator may also order the operator to segregate transient occupancy taxes collected into a separate trust account maintained on behalf of the City of Escondido in a financial institution acceptable to the tax administrator. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-81. Violations.
(a) The purpose of this article is to regulate the collection of taxes collected by operators and held in trust for the City of Escondido. Violation of any provision of this article shall be treated as a strict liability offense. Any operator or other person violating any of the provisions of this article shall be guilty of a misdemeanor and shall be punishable therefor as provided by Escondido Municipal Code section 1-13. (b) It is unlawful to operate any transient lodging without a transient occupancy registration certificate. (c) It is unlawful for any operator to fail to collect transient occupancy taxes as required by this article. (d) It is unlawful to fail to remit the transient occupancy taxes collected or owed on the date due to the City of Escondido.
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(e) It is unlawful to fail to submit the required transient occupancy tax return on the date due to the City of Escondido.
(f) It is unlawful for any operator to make, render, sign or verify any report related to transient occupancy tax collection or to make any false or fraudulent report or claim. (g) It is unlawful to fail to retain records related to the transient occupancy tax collection or amount due as required by this article.
(h) It is unlawful to refuse to provide or allow timely access to required transient occupancy tax records after a lawful demand by the tax administrator.
(i) It shall not be a defense to violations of this article that the operator had forwarded any return due or tax collected to its principal or corporate headquarters, nor that any failure to file or remit taxes was based on the direction or inaction of such principal or corporate headquarters. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-82. Penalties.
(a) Delinquency. An operator who fails to fully remit the tax due and the associated tax return by the due date shall pay a penalty equal to ten (10) percent of the amount of the tax. The penalty is due on the first day the tax remittance is delinquent.
(b) Continued Delinquency. Any Operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent, shall pay an additional delinquency penalty of ten (10) percent of the amount of the tax due for each delinquent month, or portion thereof, in addition to the amount of the tax and the ten (10) percent penalty first imposed. Such penalty shall not accrue to more than one hundred (100) percent of the tax. (c) Interest. In addition to the penalties imposed and upon demand of the tax administrator, an operator who fails to remit any tax collected or owed, including any merged penalties and prior interest, imposed by this article shall pay interest on the amount owed from the date on which the remittance first became delinquent. The annual interest rate shall be seven (7) percent. (d) Merger. Every penalty imposed, any interest accrued and any assessment made under the provisions of this article shall immediately become a part of the tax herein required to be paid. (e) Fraud. If the tax administrator determines that the nonpayment of any remittance due under this article is due to fraud, an additional penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to any mandatory penalties.
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Ordinance No. 2024-07
Exhibit “A”

(f) Relief from Penalties. Upon showing of good cause and when in the public interest, the tax administrator may waive penalties assessed pursuant to this article. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-83. Remedies cumulative.

All remedies prescribed by this article or any other provisions of law and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-84. Tax assessment; hearing.
(a) If any operator shall fail to collect or remit the required transient occupancy tax or any completed report required by this article, the tax administrator shall obtain facts and information upon which to base the assessment of the tax imposed by this article and owed to the City of Escondido. The tax administrator shall give a notice of the amount so assessed including penalties and interest via first class mail to the address provided on the transient occupancy registration certificate. In no manner does this assessment excuse the operator from the requirement to submit the actual amount of tax collected and the associated tax return for the assessment period.
(b) Following receipt of an assessment, the operator may, within seven (7) days of the postmarked notice date, make application in writing to the tax administrator for a hearing to dispute the amount assessed. If a complete application by the operator for a hearing is not made within the time provided; the tax, penalties and interest determined by the tax administrator shall become immediately due and payable. (1) Upon completed application, the tax administrator shall promptly schedule a hearing and provide notice to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, penalties, and interest. (2) The operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing, the hearing officer shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable immediately. (c) Payment of all tax, penalties, interest and the submission of the associated tax returns are required conditions precedent to seeking administrative review of any liability related to the provisions of this article and shall accompany any application for a hearing.
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(d) If the operator succeeds at an assessment hearing, the city shall promptly refund any overpayment of transient occupancy tax, penalty and interest. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-85. Appeal; payment under protest.
(a) An operator may appeal any hearing decision to the city manager by filing a notice of appeal with the city clerk within seven (7) days of the hearing decision. Payment of all tax, interest and penalties is a required condition precedent to seeking administrative or judicial review of any liability related to the provisions of this article.
(b) The city manager shall appoint an appeal hearing officer and shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at the address provided on the transient registration occupancy certificate. The findings of the appeal hearing officer shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing.
(c) No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the city or an officer thereof, to prevent or enjoin the collection of taxes sought to be collected pursuant to this chapter and payment of all tax, interest and penalties shall be required as a condition precedent to seeking judicial review of any tax liability. (d) If the operator succeeds following an appeal hearing, the city shall promptly refund any overpayment of transient occupancy tax, penalty and interest. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-86. Registration certificate revocation.
(a) If an operator is delinquent more than one time in any twelve (12) month period or fails to comply with any regulation authorized by this article, the tax administrator may order a security deposit or may revoke the operator’s transient occupancy registration certificate. (1) The tax administrator shall give the operator written notice of the revocation of the registration certificate.
(2) The operator may request a hearing or appeal by following the same procedures as outlined in sections 25-84 and 25-85.
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Ordinance No. 2024-07
Exhibit “A”

(b) The tax administrator shall not issue a new registration certificate after a revocation until satisfied that the operator will comply with the provisions of this chapter relating to the occupancy tax and regulations of the tax administrator.
(c) During any period of time during which a transient occupancy registration certificate has not been issued or revoked or otherwise not validly in effect, the tax administrator may require that the transient lodging be closed to transients. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-87. Records retention; inspection; cost recovery. (a) Records. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for a period of four (4) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the city. An operator shall create and retain financial records that account for all transient lodging bank deposits and all receipts that explain any discrepancies between gross transient lodging income and rent income that is subject to the transient occupancy tax. Further an operator shall create and retain records to allow reconciliation between income reported on state or federal tax returns with rent income reported on transient occupancy tax returns. The tax administrator and authorized agents shall have the right to inspect at all reasonable times and to apply auditing procedures necessary to determine the amount of tax due to the city.
(b) Inspection. It shall be the duty of every operator responsible for the collection of transient occupancy taxes to cooperate with any lawful records inspection. The tax administrator and authorized agents in the exercise of duties imposed by this article shall have the right to inspect such records at all reasonable times and to apply auditing procedures necessary to determine the amount of tax due to the city. Access to all transient occupancy tax records, including qualified rental agreements, shall be made available within one business day of a lawful demand.
(c) Travel. If the tax administrator or designate agent must travel beyond the City of Escondido city limits to conduct a records inspection or audit pursuant to this article, the tax administrator shall assess the transient occupancy tax operator for any additional costs incurred as a result of performing the audit outside of the City of Escondido. Before incurring travel related costs, the tax administrator shall notify the operator and allow a reasonable opportunity for the operator to produce the records within the city. (d) Audit Deficiency. If, upon audit or records inspection by the city, an operator is found to be deficient in his or her return or his or her remittance, or both, the tax administrator shall immediately invoice the operator for the amount of the net deficiency plus a penalty of ten (10) percent of the net deficiency. Failure to pay the deficiency and penalty shall subject the amount owed to the penalty, interest, hearing and appeal procedures provided in this article.
(e) Cost Recovery.
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(1) In addition to the penalties and interest provided in this section, the operator shall reimburse the city for the cost an audit or records inspection if an audit or inspection identifies a five (5) percent or greater discrepancy between the amount of annual transient occupancy tax due to the city and the amount paid by the operator. Such reimbursement shall be paid by the operator within thirty (30) days of the date the city notifies the operator in writing of the amount of city’s costs. (2) If any operator shall fail or refuse to collect the tax required by this chapter or fail to provide, within the time provided in this article, any report and remittance of said tax, of any portion thereof, required by this article, the tax administrator may order an inspection of the records of the operator to determine the proper amount of any tax owed. The entire cost of the inspection shall be assessed against the operator. (3) Any discrepancy between state or federal tax records or gross transient lodging receipts and rent income reported on transient occupancy tax returns or the lack of adequate records to explain any discrepancy shall result in the operator reimbursing the city for the cost of the audit, in addition to any tax, penalties or interest that may be owed.
(f) Failure to reimburse the city for audit or inspection related expenses may result in revocation of the operator’s transient occupancy registration certificate. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-88. Refunds.
(a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this article, it may be refunded as provided in subsections (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three (3) years of the date of payment. The claim shall be on forms furnished by the tax administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.
(c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection (a) of this section, but only when the tax was paid by the transient directly to the tax administrator, or when the transient having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax. 355
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(d) No refund shall be paid under the provisions of this section unless the claimant establishes his or her right thereto by written records showing entitlement thereto. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-89. Actions to collect taxes and enforcement of liens. (a) Actions. Any tax required to be paid by any transient under the provisions of this article shall be deemed a debt owed by the transient to the city. Any tax collected by an operator which has not been paid to the city shall be deemed funds held in trust for the account of the city which are due and payable by the operator to the city pursuant to the provisions of this article. Any person, including an operator, owing money to the city under the provisions of this article shall be liable to an action brought in the name of the city for the recovery of such amount, including applicable penalties and interest. (b) Recording of a Certificate of Lien. If any amount required to be paid to the city under this article is not paid when due, the tax administrator may record in the office of the San Diego County recorder a certificate which specifies the amount of tax and penalties and interest due, the name and address of the operator liable for the same, a statement that the tax administrator has complied with all provisions of this article in the determination of the amount required to be paid and a legal description of the real property owned by the operator. From the time of the recording of the certificate, the amount required to be paid together with penalties and interest, constitutes a lien upon all the real property in the county owned by the operator or thereafter acquired before the lien expires. The lien has the force, effect and priority of a judgment lien and shall continue for ten (10) years from the filing of the certificate unless sooner released or otherwise discharged.
(c) Warrant for Collection of Tax. At any time within three (3) years after the recording of a certificate of lien under subsection (b) of this section, the tax administrator may issue a warrant directed to any sheriff or marshal for the enforcement of the lien and the collection of any tax and penalties required to be paid to the city under this article. The warrant shall have the same effect as a writ of execution, and be executed in the same manner and with the same effect as a levy and sale pursuant to a writ of execution. The tax administrator may pay or advance to the sheriff or marshal such fees, commissions and expenses for services as are provided by law for similar services pursuant to a writ of execution. (d) Seizure and Sale. In lieu of issuing a warrant under subsection (c) of this section, at any time within the three (3) years after an assessment was issued or a certificate of lien was recorded under subsection (c) of this section, the tax administrator may collect the delinquent amount by seizing or causing to be seized any property, real or personal, of the operator and sell any noncash or nonnegotiable property or a sufficient part of it at public auction to pay the amount of tax due together with any penalties and any cost incurred on account of the seizure and sale. Any seizure made to collect taxes due shall only be of property of the operator not exempt from execution under the provisions of the Code of Civil Procedure. (e) Notice of Provisions for Seizure. Prior to seizure of the transient occupancy tax renting occupancy to transients, the tax administrator shall give a notice of such proposed action, which will include the amount 356
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assessed, by serving the notice personally or by depositing it in the United States mail, postage prepaid, addressed to the operator assessed at his or her last known place of address, provided such operator is still the operator of record of such transient occupancy tax. Such operator may, within ten (10) days after the serving or mailing of such notice, make application in writing to the tax administrator for a hearing on the proposed seizure. The city manager shall appoint an independent hearing officer. If application by the operator for a hearing is not made within the time prescribed, the tax administrator may seize the transient occupancy tax as soon as practicable, but no earlier than the eleventh (11th) day after mailing the notice. If such application is made, the tax administrator shall give not less than five (5) days’ written notice in the manner herein to the operator to show cause at a time and place fixed in said notice why said seizure should not take place. At such hearing, the operator may appear and offer evidence only as to why such seizure is not an appropriate remedy for the delinquency. After such hearing, the tax administrator shall make a determination concerning the seizure and shall thereafter give written notice to the operator in the manner prescribed herein of such determination and the proposed date of seizure, if any. Such seizure shall not be earlier than five (5) days from the date of the notice of the determination of seizure. Within five (5) days from the date of the notice, an appeal may be taken as provided in section 25-85, provided that such appeal is only taken for the determination concerning the seizure and not concerning the amount of the assessment. (f) Any person owing money to the city under the provisions of the chapter shall be liable to an action brought in the name of the city for the recovery of such amount plus attorneys’ fees and costs. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-90. Business termination.
(a) Change of Ownership. An operator who is transferring, selling, terminating its business or who has received any legal notice that could impact the operator’s interest in the property shall immediately notify the tax administrator in written form. The operator shall, at the same time, notify the successor to operator of their responsibility for any unpaid collected taxes. The operator shall further certify in writing to the tax administrator that the operator has provided a copy of this article to the successor to operator. (b) Cessation of Business. Upon change of ownership or cessation of business, all transient occupancy taxes collected are due, though penalties shall not accrue until the first day of the following month. The operator shall immediately file the tax return for the last reporting period. After filing the final return and remitting the balance due, the operator shall make his or her records of account available for a closeout inspection by the tax administrator or authorized agent. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-91. Duty of successor of operator.
(a) A successor to operator shall promptly notify the tax administrator of a change in ownership or operator. For property sales, the successor to operator shall notify the tax administrator of the date of sale 357
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immediately and shall withhold a sufficient portion of the purchase price to equal the amount of such tax obligations as directed by the tax administrator. If the operator does not remit all transient occupancy taxes collected or owed, the successor to operator shall deposit the withheld amount with the tax administrator. (b) If the successor of operator fails to withhold a portion of the purchase price as required, it shall be responsible to the city for the payment of the amount required to be withheld. The tax administrator may withhold issuance of a transient occupancy registration certificate to the successor to operator until the operator’s transient occupancy tax obligations have been cleared. (c) A successor to operator may request a tax clearance certificate from the tax administrator and the tax administrator may charge an administrative fee to cover the costs in issuing the certificate pursuant to the California Revenue and Tax Code section 7283.5. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-92. Confidentiality.
(a) Returns filed with the city pursuant to this chapter, and information regarding the amount of gross receipts, adjustments, credits, over collections, tax, penalty and interest, are confidential records. (b) No person having an administrative duty under this chapter shall make known in any manner whatever the business affairs, operations, or information obtained by an investigation or audit of the records of any operator or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, of the operator, set forth or to knowingly permit any return or any abstract, or copy of the return to be seen or examined by any person, except this section shall not apply to any disclosures made in connection with any hearing, appeal, or any civil action or proceeding relating to the determination or recovery of the tax; any prosecution of any person for violation of any provision of this chapter; or any criminal or civil proceeding pertaining to the tax. (c) This section shall not prohibit, nor be construed to prohibit, disclosure of statistical or cumulative information derived from tax returns, when the information disclosed does not identify or relate to any particular operator nor be construed to prohibit, any disclosure of tax returns or information when disclosure is compelled by an order of court or other judicial process. (Ord. No. 2012-19, § 1, 12-12-12)

Sec. 25-93. Notice.

Any notice required to be given pursuant to this chapter, shall be deemed given if personally served on the operator or the operator’s representative, or if deposited in the United States mail, first class postage prepaid, and addressed to the operator at the address shown on the transient occupancy registration certificate. (Ord. No. 2012-19, § 1, 12-12-12)
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Sec. 25-94. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. (Ord. No. 2012-19, § 1, 12-12-12)

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Ordinance No. 2024-07
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Chapter 16
Article 8 SHORT-TERM RENTALS
Escondido, California Municipal Code
Sec. 16-410 Title.

Sec. 16-411 Purpose.

Sec. 16-412 Definitions.

Sec. 16-413 Permits required for operation.

Sec. 16-414 Eligibility.

Sec. 16-415 Application and processing requirements.

Sec. 16-416 Expiration and renewal.

Sec. 16-417 Operational requirements.

Sec. 16-418 Recordkeeping duties.

Sec. 16-419 Violations.

Sec. 16-420 Revocation.

Sec. 16-421 Severability.

Sec. 16-422 Effective date.

Sec. 16-423 Program Review

Sec. 16-410 Title.

This Article shall be referred to as the “Short-Term Rental Ordinance.”

Sec. 16-411 Purpose.

The purpose of this article is to regulate privately-owned residential dwellings within the City used as Short-Term rental units, ensure that transient occupancy taxes (TOT) are paid and collected, and minimize the potential negative effects of Short-Term rental units on surrounding residential neighborhoods.

The City reserves the right to change the regulations provided in this article at any time, including discontinuing the issuance of Short-Term rental unit permits, notwithstanding any impacts to existing or future Short-Term permit holders. Anyone accepting a Short-Term rental unit permit pursuant to this article acknowledges and accepts that possibility.

Sec. 16-412 Definitions.

For the purposes of this article, the following words and phrases shall have the meaning ascribed to them by this section:

(a) “Advertisement” shall mean, in addition to the Advertisement definition described in Chapter 16.16.3, any online or Internet-based offer or solicitation of Short-Term rental activity.

(b) “Apartment” shall mean a rented room or set of rooms that is part of a multifamily building and is used as a place to live.
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(c) "Bedroom" shall mean a part or division of a residential building enclosed by walls, floor, and ceiling intended and designed for sleeping.

(d) “Condominium” shall mean those residential units consisting of an undivided interest in common in a portion of real property coupled with a separate interest in a space called a unit, including those units governed by Article 49, Air Space Condominium and Community Apartment Projects of Chapter 33, Zoning of the Escondido Municipal Code.

(e) "Guest" or “Transient” shall mean any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a home shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between the host and the guest providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered.

(f) "Host" shall mean an owner of a dwelling unit who rents such dwelling unit for transient occupancy.

(g) "Hosting platform" shall mean a business or person that provides a means through which a host may offer a dwelling unit, or portion thereof, for home-sharing. A hosting platform is usually, though not necessarily, provided through an internet-based platform. It generally allows a property owner or tenant to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential guests to arrange Short- Term rentals, whether the guests pay rent directly to the host or to the hosting platform.

(h) “Ineligible Units” Shall mean accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs); units created utilizing an SB9 application; in inclusionary housing or other income-restricted housing units; or any other ineligibility based on state law

(i) “Multi-family housing development” shall mean a building designed for multiple dwelling unit occupancy. Units in multi-family housing developments are not classified as single-unit attached structures.

(j) “Responsible contact person” shall mean a person, either the Short-Term rental owner or their designee, who will be available twenty-four (24) hours per day to accept telephone calls regarding the Short-Term rental when occupied and who will have the duty to respond within one hour.

(k) “Short-Term rental” shall mean all or any portion thereof of a residential dwelling unit which is advertised or held out to the public as a place regularly rented for dwelling, lodging or sleeping purposes to one party with a duration of occupancy of thirty (30) consecutive days or less. Hotels, motels, and other land uses explicitly defined and regulated in the Municipal Code separately from Short-Term rentals are not considered to be Short-Term rentals.

(l) “Short-Term rental permit” shall mean a permit for a Short-Term rental unit.

(m) “Transient occupancy tax” shall mean the tax levied by the City in accordance with Chapter 25 Article 4 of the Municipal Code. This tax is levied upon individuals or businesses engaged in the rental of sleeping accommodations to the public.

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Sec. 16-413 Permits required for operation.
(a) A host must obtain the following types permits prior to advertising or renting any privately-owned residential dwelling to any transient for a period of (30) thirty consecutive days or less:
(1) An Escondido business license as required by Chapter 16 section 16-6 and 16-17; (2) Short-Term rental permit as required by this article; (3) Transient occupancy tax registration certificate as required by Chapter 25 section 25-77

Sec. 16-414 Eligibility.
(a) Short-Term rentals may be permitted in single-family detached, duplex, two-family, and three-family dwelling units, and townhomes.
(b) Short-Term rentals may be permitted on properties with multiple dwelling units, Apartments, Condominiums with the following limitations:
(1) For multi-family housing developments of 2 to 50 units: 1 Short-Term rental permit; (2) For multi-family housing developments of 51 to 99 units: 2 Short-Term rental permits; (3) For multi-family housing developments of 100 units or more: 2% of total units or 5 Short-Term rental permits, whichever is fewer;
(4) A maximum of 25 Short-Term rental permits shall be issued citywide for units in multi-family housing developments. The City shall maintain a waiting list on a first-come, first-served basis if the number of Short-Term rental permit applications for units in multi-family housing developments exceeds 25; (5) A Short-Term rental shall be included in calculating the total number of units for the purpose of determining allowable Short-Term rentals in a multifamily development. ADUs, inclusionary housing or any other unit that is precluded from being used as a Short-Term rental may not be counted toward the total allowable number of units.
(c) The total number of Short-Term rental permits shall be limited to a maximum of 2 percent of the total housing units within the City of Escondido. The City or it’s designee shall maintain a waiting list if the number of Short- Term rental applications exceeds this percentage.
(d) No Short-Term rental permit shall be issued for any housing unit if the unit’s parcel is; (1) Within 500 feet of a parcel containing a school. Distances shall be measured from the closest property line of the school to the closest property line of the proposed Short-Term rental unit measured using the Escondido Geographic Information System.
(e) Short-Term rentals shall not be permitted in Ineligible Units. (f) This article is not intended to allow any residential property owner to violate any private conditions, covenants, and restrictions applicable to the owner’s property that may prohibit the owner from using their property as a Short-Term rental unit, as defined in this article.

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Sec. 16-415 Application and processing requirements.
(a) Business Licenses. To apply for a business license, a property owner shall file an application with the City as provided for in Chapter 16 (Licenses) and obtain a transient occupancy registration certificate as required in Chapter 25 Article 4 (Transient Occupancy Tax).
(b) Short-Term Rental Permit. To apply for a Short-Term rental permit, a property owner shall file an application on a form provided by the City including the following information:
(1) The name, address, valid email address, and telephone number of all owners of the subject Short-Term rental unit, and documentation showing proof of ownership; (2) The address of the proposed Short-Term rental unit; (3) The number of bedrooms and the applicable occupancy limit of the proposed Short-Term rental unit; (A) The permitted occupancy for a Short-Term rental shall be two guests per bedroom plus two additional guests;
(4) The name, address, valid email address, and telephone number of the designated responsible contact person who will be available twenty-four (24) hours per day to accept telephone calls regarding the Short-Term rental when occupied with the ability to respond within one hour, if different than the owner;
(5) A signed acknowledgement by the applicant that:
(A) The Short-Term rental unit is legally permitted and meets the Fire and Building Code standards for a habitable unit;
(B) The space used for Short-Term rental meets or exceeds fire and life safety requirements, including installation of smoke and carbon monoxide detectors, and adequate means of egress;
(C) The City can examine all places of business in the City to ascertain whether the provisions of this chapter have been complied with, as described in Chapter 16 section 16-232; (D) The host has valid insurance that explicitly covers Short-Term rental activity; (E) The host shall adhere to the Short-Term rental regulations listed in this article; (F) The unit being rented is not an Ineligible Unit
(G) Applicant will comply with all applicable state and local laws for sex offender required distances from sensitive sites;
(6) Signatures of all property owners.

(c) A Short-Term rental permit application shall be accompanied by payment of an application processing fee established by resolution of the City Council.
(d) Host shall provide written notice to the City within thirty (30) days of any:
(1) Change of contact information for property owner/host, (2) Change in Responsible Contact Person,
(3) Change in Property layout or use, including but not limited to modifications to the number of bedrooms or common areas used for lodging, or (4) any other change in material fact pertaining to the information contained in the Short-Term rental permit or as outlined in Chapter 16 section 16-16 and 16-17.
(e) A Short-Term rental permit shall not be issued or renewed if there are unresolved City code compliance cases, outstanding City fines or fees, or City liens on the property. 363
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(f) Short-Term rental permit renewals are subject to any intervening changes in this article and renewal shall be denied if the Short-Term rental no longer qualifies under the requirements of this article, unless specifically exempted therefrom.

(g) The City will conduct an inspection of the Short-Term rental unit prior to issuing a new permit and prior to issuing any renewal permit, as described in Chapter 16 section 16-232.

(h) A Short-Term rental permit application may be denied if the applicant has had a prior Short-Term rental permit suspended or revoked , or if, under a prior Short-Term rental permit, the host violated any of the Short-Term rental regulations listed in this article.
(i) Appeals of permitting decisions shall be done in accordance with Chapter 16 Article 5.

Sec. 16-416 Expiration and renewal.
(a) A Short-Term rental permit is valid for the same duration as the associated business license. It may not be transferred, does not run with the land, and is valid only at the original Short-Term rental site. The Short-Term rental permit shall automatically expire upon sale or transfer of the property. No transient occupancy registration may be assigned, transferred, or loaned to any other person or entity. (b) A Short-Term rental permit may be renewed if the host meets the following renewal requirements:
(1) The host shall file an application for renewal of the Short-Term rental permit before the permit’s expiration.

This application must include all information required by Section 16-415(b) of this article. (2) Payment of permit renewal fees and all required transient occupancy tax remittance associated with the Short-Term rental. The host shall submit such information concerning the Short-Term rental activity as may be required to enable the Finance Department to verify the amount of tax paid; (3) Does not have any outstanding violations pertaining to this article; (4) Documents and provides any changes that have occurred to the information on the current Short-Term rental permit.
(c) If a host fails to file a renewal application at least 30 days prior to the expiration of their permit, the host may be placed on a wait list for available permits. Only current permits may be renewed. The City will not provide reminders to hosts of an upcoming expiration and it is the host’s sole responsibility to maintain a current permit at all times during the operation of the Short-Term rental unit.

Sec. 16-417 Operational requirements.
(a) While a Short-Term rental unit is rented, the host or the Responsible Contact Person shall be available twenty- four (24) hours a day, seven (7) days a week for the purpose of responding within one (1) hour to complaints regarding the condition, operation, or conduct of occupants or guests of the Short-Term rental unit. (1) Upon notification that any occupant and/or guest of the Short-Term rental unit has created a loud and unruly noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject Short-Term rental unit, the host or designated Responsible Contact Person shall promptly respond within one (1) hour in an 364
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appropriate manner to immediately halt or prevent a recurrence of such conduct by any occupants and/or guests.
(2) Failure of the host or Responsible Contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the Short-Term rental unit within one (1) hour and in an appropriate manner shall render the host subject to all administrative, legal and equitable remedies available to the City, up to and including Short-Term rental permit revocation or suspension per the provisions of Chapter 16 Article 6.
(3) No person shall advertise, undertake, maintain, authorize, book, or facilitate any renting to guests in a manner that does not comply with this article.
(b) No person shall advertise, undertake, maintain, or authorize any Short-Term rental without a City-issued Short- Term rental permit number depicted in a visible location on the advertisement, including any listing on a hosting platform.
(c) A Short-Term rental unit shall not be advertised for or used by more than two guests per bedroom plus two additional guests at one time. If the Short-Term rental permit limits occupancy to a number less than that calculated pursuant to this section, the limit in the permit shall govern. (d) Short-Term rentals shall be limited to one booking per property per day. A booking may consist of the Short- Term rental of one or more bedrooms in the home or the Short-Term rental of the entire home. A Short-Term rental may operate in conjunction with the rental of the remaining area of an entire dwelling unit for periods of more than thirty (30) consecutive days, provided all other conditions required by this article are met. (e) Short-Term Rental guests shall use only the on-site parking spaces associated with the unit approved for Short- Term Rentals.
(f) A Short-Term rental shall not adversely affect the residential character of the surrounding neighborhood nor shall the use generate noise in excess of the City’s noise ordinance, vibration, glare, odors, traffic, parking congestion, or loud or unruly gatherings that interfere with any person's enjoyment of their residence. The Short-Term rental activity shall comply with all provisions of the Escondido Municipal Code, including, but not limited to Chapter 17 Article 12 (Noise) and Chapter 6 Article 20 (Property Maintenance.) (g) A Short-Term rental shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, signage except as defined in Section (l), or any advertising mechanism.
(h) A Short-Term rental shall provide for adequate waste, recycling, and organics containers as defined in Chapter 14 Section 2.2 (Solid Waste and Recycling Containers) along with proper storage of said containers per the performance standards provided in Chapter 33 Section 33-113 (Residential Zones). (i) A Short-Term rental shall only be used for overnight lodging. Events and large gatherings of people who cannot occupy the Short-Term rental pursuant to the limitations in section 16-415(b) (3) including, but not limited to, weddings, banquets, and personal or corporate events, are prohibited as part of the Short-Term rental use. The dwelling shall not be advertised or rented for the sole purpose of accommodating such uses. (j) No person shall offer as a separate Short-Term rental any property or portion of property not approved for residential use, including, but not limited to, a vehicle parked on the property, a storage shed, trailer, garage, or any temporary structure such as a tent. 365
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