Agenda packet — Escondido City Council, June 18, 2025 (part 2 of 2)

319
Item9.

STAFF REPORT

June 18, 2025
File Number 0430-30

SUBJECT
FIVE-YEAR CAPITAL IM PROVEMENT PROGRAM AN D FISCAL YEAR 202 5/26 CAPITAL IMPROVEMENT PROGRAM BUDGET AND ADOPTION OF THE 202 6 REGIONAL TRANSPORTAT ION IMPROVEMENT

PROGRAM

DEPARTMENT
Finance Department and Engineering Services Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-76 approving Fiscal Years 2025/26 – 2027/2030 Five- Year Capital Improvement Program and the Fiscal Year 2025/26 Capital Improvement Program Budget; adopt Resolution No. 2025-77 approving the RMRA FY 25/26 project list; and adopt Resolution No. 2025- 78 approving the Regional Transportation Improvement Program for Fiscal Years 2026 through 2030.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Lyn Cruz, Accountant II
ESSENTIAL SERVICE – Yes, Internal Requirement
COUNCIL PRIORITY - Internal Requirement

FISCAL ANALYSIS
The Capital Improvement Program and Budget is a five-year planning tool that is developed and updated annually. The program allows identification of funding resources for FY202 5/26 and the corresponding uses of those funds. To view the complete document please visit:
https://www.escondido.gov/187/Capital-Improvement-Program

PREVIOUS ACTION
The preliminary Five-Year CIP and FY2025/26 CIP Budget update was taken to the City Council on June 11, 2025.

320
Item10.

BACKGROUND
The Five -Year Capital Improvement Program (“CIP”) summarizes anticipated resources and estimated uses for major infrastructure, capital construction, improvements, maintenanc e projects, and certain grant funds.

The proposed budget estimates sources of $38.8 million that are available to fund capital improvements, maintenance, and capital outlay expenditures. The current year budget anticipate uses of $ 33.9 million in appropriated expenditures and transfers.

Upon completion of a project, any remaining balance is returned to the appropriate fund’s reserves and becomes available to fund future projects. In addition, any excess revenues over budgeted expenditures are added to reserves. This program includes $4,836,362 in reserves available for future projects. The majority of the reserves are restricted funding in the Park Development Fund which can be used on future projects.

The following table summar izes the major categories of funding (Sources and Uses) contained in FY 2025/26.

SOURCES USES
Available Fund Balances $2,270,910 Parks and Recreation 2,800,000 Developer Fees 10,225,820 Public Works 2,536,390
Interest 745,862 Streets 16,534,220
Gas Tax 4,288,050 Wastewater Utilities 3,346,000
Measure I 2,000,000 Water Utilities 6,700,000
Road Maint. & Rehab Account 3,969,330 Subtotal Uses 2025/26 $31,916,610 Transnet 5,262,000 Transfer to General Fund (Streets) 2,055,000 Utilities-Charges for Services 10,046,000 Reserves Available for Future Projects 4,836,362 TOTAL SOURCES FY 2025/26 $38,807,972 TOTAL USES FY 2025/26 $38,807,972

A majority of the proposed capital project costs, 52 percent ( 52%) or $16.5 million this year, relate to street projects.

321
Item10.

FIVE-YEAR STREET CIP PLANNING PROCESS
Each year, the City of Escondido (“City”) updates its Five -Year Street Capital Improvement Program to address future transportation needs. Funding allocated to the Mo bility Element Implementation project will result in a prioritized list of street improvement projects required to meet future transportation demands for build out of the City. This project sets aside funding for design, environmental review, and construction of the highest priority arterial improvement project(s) identified with the Mobility Element Update.

ANNUAL OPERATING AND MAINTENANCE PROGRAMS
The Five -Year Street Capital Improvement Program provides funding for the City’s Annual Pavement Maintenance and Rehabilitation project. This fiscal year, the addition of $2 million in Measure I funds will bring the total program budget to $8.7 million in FY 2025/26, which is a 24 percent (24%) increase from the prior fiscal year. Funding is also programmed towards storm drain repair and improvement in order to address the highest priority corrugated metal pipelines, traffic infrastructure, traffic signals and synchronization, street tree maintenance, and the Transportation and Community Safety Commission.

As has been the case for since its inception in 2017, t he City has elected to use Road Maintenance and Rehabilitation Account ( “RMRA”) funding on the Ci ty’s Annual Street Rehabilitation and Maintenance Project. This annual project will rehabilitate pavement and sidewalk in one maintenance zone within the City: Central-South Maintenance Zone. Street segments within these maintenance zones are prioritized based on pavement condition, volume of daily traffic, and input from the public and City staff. Exhibit “A” of Resolution No. 2025-77 provides the project details.

TRANSNET PROGRAM OF PROJECTS
The following projects are being programmed with TransNet funds for Fiscal Years 2026 through 2030:
• ESC-51, Comprehensive Active Transportation Strategy
 ESC-58, Escondido Creek Drainage Capacity Upgrade • ESC-48, Grand Avenue Streetscape Improvements
• ESC-37, Pavement Maintenance
• ESC-38, Pavement Rehabilitation
• ESC-39, Traffic Signals
322
Item10.

TransNet funding for these projects constitutes the City’s TransNet Local Street Improvement Program of Projects for Fiscal Years 2026 through 2030. Resolution No. 2025-78 shows the amendments to the 2025 Regional Transportation Improvement Plan, and has been input into ProjectTrak, SANDAG’s automated system for programming of regional highway and street funds by City staff. This Program of Projects in the ProjectTrak system will align with the City’s CIP Budget.

ENVIRONMENTAL REVIEW:

The instant action is a request for the City Council to approve the CIP Budget, which is not a commitment of funds to any specific project but rather a general budgeting and fiscal planning tool. Similarly, the General Plan conformance report does not commit funding to any specific project and has been presented to the Planning Commission and the City Council pursuant to Government Code section 65401. All identified projects are subject to further environmental review and thus at thi s point are merely speculative. Staff has reviewed the list of identified projects and has determined that a number of projects will likely involve the need for preparation of environmental documentation in accordance with the California Environmental Qua lity Act (“CEQA”). Environmental review will occur and appropriate environmental documents pursuant to CEQA and/or the National Environmental Policy Act (“NEPA”) may be prepared after a specific project scope is defined but prior to the City’s approval of the project itself, including review and approval of any related construction contracts or entitlements.

For these reasons, the instant action is not a project pursuant to CEQA Guidelines section 15378, which excludes from the definition of “project” “[t ]he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment.” (CEQA Guidelines section 15378(b)(4).)

RESOLUTIONS
a) Resolution No. 2025-76
b) Resolution No. 2025-77
c) Resolution No. 2025-77—Exhibit “A”— RMRA Project List d) Resolution No. 2025-78

323
Item10.

RESOLUTION NO. 2025-76

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING THE FIVE -YEAR

CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS
2025/26 – 2029/30 AND THE PROJECT BUDGETS FOR
FISCAL YEAR 2025/26

WHEREAS, the budgets for all capital projects for the period July 1, 2025, through June 30, 2026, inclusive, contained in the Fiscal Years 2025/26-2029/30 Five-Year Capital Improvement Program and Budget Document (a copy of which is on file in the Office of the City Clerk) as amended by the City Council, are adopted as the final project budgets for Fiscal Year 2025/26. Amendments to this budget may be made from time-to-time following review and approval by minute action of the City Council; and WHEREAS, the Fiscal Year 2025/26 amount designated for each project and each fund in the Five- Year Capital Project Improvement Program and B udget, on file with the City Clerk , are hereby appropriated to the fund for which it is designated. Such appropriations as adjusted shall be neither increased nor decreased without approval of the City Council, except for transfers within projects may be approved by the City Manager, up to 10 percent (10%) per total project and a maximum of $50,000 from contingency funds. All amounts designated in each project budget on file with the City Clerk are hereby appropriated for such uses to the fund under which they are listed, and shall be neithe r increased nor decreased without approval of the City Manager; and
WHEREAS, any City Council action changing the above-mentioned assumptions will cause the Five- Year Capital Improvement Program and Fiscal Year 2025/26 Project Budgets to be revised and brought back to the City Council for modification; and
WHEREAS, the projects in the Five -Year Capital Improvement Program and Fiscal Year 2024/25 Project Budgets conform to and are consistent with the General Plan; and 324
Item10.

WHEREAS, all identified projects within the Five-Year Capital Project Improvement Program and Fiscal Year 2025/26 Project Budgets are subject to further environmental review and thus at this point are merely speculative. Appropriate environmental documents pursuant to the California Envi ronmental Quality Act and/or National Environmental Policy Act will be prepared after a specific project scope is defined but prior to the City’s approval of the project itself, including prior to the City’s review and approval of any related construction contracts or entitlements.

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 adopts the budgets for all capital projects for the period July 1, 2025 through June 30, 202 6, inclusive, co ntained in the Fiscal Years 202 5/26-2029/30 Five-Year Capital Improvement Program and Budget Document (a copy of which is on file in the Office of the City Clerk). 325
Item10.

RESOLUTION NO. 2025-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING THE FISCAL YEAR
2024-25 ROAD MAINTENANCE AND REHABILITATION
ACCOUNT PROJECT LIST FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 ( “SB 1 ”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Escondido are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account ( “RMRA”), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $3,969,330 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
326
Item10.

WHEREAS, the City has undergone a robust process to review and prioritize the streets in the Maintenance Zone, and to use submitted input from the community and staff to ensure the priorities are being addressed; and
WHEREAS, the City used a Pavement Management Syste m to develop the SB 1 project list to ensure revenues are being used to treat the highest -priority streets using a cost -effective Maintenance Zone approach for residential street rehabilitation and maintenance projects that meet the City’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City complete annual street rehabilitation and maintenance of multiple streets throughout the Maintenance Zone this year and complete similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall Pavement Condition Index ( “PCI”) of the City’s road system, an d over the next decade will bring City streets and roads into a better overall condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in co mplete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits citywide.

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

1. That the above recitations are true.
327
Item10.

2. That the City Council approves the Fiscal Year 2025-26 RMRA proposed project to be completed with RMRA revenues. The proposed project is shown in Exhibit “A”, which is attached to this Resolution and incorporated by this reference.

328
Item10.

Resolution No. 2025-77
Exhibit “A”

Page 1 of 1 ends

Road Maintenance and Rehabilitation Account
FY 25/26 Initial Project List

Project Title:

Annual Street Rehabilitation and Maintenance Project

Project Description:

The City has elected to use Road Maintenance and Rehabilitation Account (RMRA) funding on the City’s Annual Street Rehabilitation and Maintenance Project. This annual project will rehabilitate pavement and sidewalk in one maintenance zone within the City: Central-South Maintenance Zone. Street segments within these maintenance zones are prioritized based on pavement condition, volume of daily traffic, and input from the public and City staff.

Project Location:

The Central-South Maintenance Zone is bounded by 5th Avenue to the North, City limits to the East, Felicita Avenue/17th Avenue to the South, and Interstate 15 to the West.

Estimated Project Useful Life:

Asphalt pavement rehabilitation completed as part of this project has an estimated useful life between 10 and 20 years for the various treatments, while concrete sidewalk improvements have an estimated useful life of 40-50 years.

Estimated Project Schedule:

The City anticipates completing this project during the upcoming Fiscal Year 2025/26. 329
Item10.

RESOLUTION NO. 2025-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING/APPROVING AN

AMENDMENT TO THE TRANSNET LOCAL STREET

IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL
YEARS 2025 THROUGH 2029

WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and
WHEREAS, the City of Escondido was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2025 through 2029; and WHEREAS, the City of Escondido approved its 2025 TransNet Local Street Improvement Program of Projects (POP) on June 19, 2024 and the City of Escondido desires to make adjustments to its Program of Projects; and
WHEREAS, the City of Escondido has held a noticed public hearing with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.
330
Item10.

NOW, THEREFORE, BE IT RESOLVED that City of Escondido requests that SANDAG make the following changes to its POP (the “Amendment”) as programmed in the 2025 RTIP:

BE IT FURTHER RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Escondido certifies that no more than 30 percent of its annual revenues shall be spent on local street and road maintenance-related projects as a result of the Amendment.

BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Escondido certifies that all new or changed projects, or major reconstruction projects included in the Amendment and funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed was clearly noticed as part of the City of Escondido’s public hearing process for the Amendment.

BE IT FURTHER RESOLVED that the City of Escondido does hereby certify that all applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.

331
Item10.

BE IT FURTHER RESOLVED that the City of Escondido continues to agree to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Escondid o’s TransNet funded projects.

332
Item10.

STAFF REPORT

June 18, 2025
File Number 0800-40

SUBJECT
PL25-0149/PL25-0150/PL25-0151 – PLANNED DEVELOPMENT PERMIT AND DESIGN REVIEW PERMIT FOR CONSTRUCTION OF 35 MULTI-FAMILY DWELLING UNITS

DEPARTMENT
Planning Division, Development Services Department

RECOMMENDATION
Request the City Council introduce Ordinance No. 2025-04, approving a Planned Development Permit , and adopting Resolution No. 2025-68 approving a Design Review Permit for construction of the Project.

Approval of the Project includes the environmental determination.

Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services)
Presenter: Ivan Flores, AICP, Principal Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido; Encourage Housing Development

FISCAL ANALYSIS
The applicant will be responsible for payment of Development Impact Fees prior to issuance of a building permit.

PLANNING COMMISSION ACTION
On May 27th, 2025, the Planning Commission voted 4-1 to adopt Resolution No. 2025-06, recommending that the City Council approve the Project. During the Planning Commission hearing, the Planning Commissioners requested that City staff include in the City Council Staff Report several of the topics discussed during the hearing. The items are provided below, and represent a summary of the discussion:
 Assembly Bill 2097 (AB 2097) – The Planning Commission discussed several aspects of AB 2097 including but not limited to , how staff calculate the distance measurement from the subject 333
Item11.

property to a “Major Transit Stop”; the City’s authority to require off-street parking for eligible projects; and the perceived impact on existing residential parking in the area due to the Project not providing all parking required by the zoning code (pursuant to AB 2097).

 Density Bonus Request – The Plannin g Commission requested clarification o f the applicant’s utilization of an incentive/concession on the requirement for open space (as dictated by the Downtown Specific Plan ). As detailed in the Planning Commission Staff Report, dated May 27, 2025 (Attachment “1”), density bonus law affords the applicant two (2) incentive/concessions due to the provision of very -low-income units as part of the Project. Furthermore, the City’s Staff Development Committee —including the City’s Fire Department, and Building and Safety Division—reviewed the Project as proposed and did not identify or indicate that the omission of open space would cause an adverse impact on the public health and safety, nor would the requested incentive/concession impact a property on the California Register of Historic Resources. Pursuant to state density bonus law, the burden of proof falls on the City to deny a use of incentive/concession, and that the City’s determination must rely on substantial evidence that the requested incentive/concession would cause an adverse impact on the aforementioned items. No substantial evidence was introduced at the May 27, 2025 Planning Commission meeting that would indicate the incentives/concessions requested by the applicant would cause an adverse impact.

Additionally, the Planning Commission requested that City Staff included the link in the audio for the City Council’s review: https://www.youtube.com/watch?v=F9xx2UM0gIU

BACKGROUND
On January 8, 2024, Stephen Dalton Architects (“Applicant”), represented by Sebastian Beingolea , submitted an application for construction of a thirty -five unit (35) multi -family building consistent with the Downtown Specific Plan. The proposed Project entails approval of a Planned Development (Master and Precise) and Design Review Permit to constru ct a 34,463 square -foot, 5-story, 35-unit multi-family building with a ground level residential unit and parking, and podium level courtyard (“Project”) . The Project also includes a density bonus request.

The Project is located at the northwest corner of Escondido Boulevard and West 4th Avenue, addressed as 339 South Escondido Boulevard. The subject property previously operated as a mixed -use development consisting of a used -car dealership with 4 residential dwelling units on site. The Project site is zoned Specific Plan (S -P) and has a General Plan Land Use Designation of Specific Planning Area 9 (SPA 9:

Downtown Specific Plan Area). The Downtown Specific Plan (DSP) Area is comprised of various land use districts which serve as the land use controls for development in the specific plan. The subject property is located within the Southern Gateway (SG) land use district which permits multi-family development. The Project site is surrounded by primarily commercial uses to the north and east, a vacant lot the south, and lower density multi-family developments to the west.
334
Item11.

ANALYSIS
The Project includes a request for a Planned Development Permit to construct a 35 -unit multi -family building with ground floor residential uses. As detailed in the DSP, ground floor r esidential uses are permitted in this area of the specific planning area, subject to review and approval of a Planned Development Permit in accordance with Article 19 (Planned Development Permit). The Project also includes a Design Review Permit , pursuant to Article 64 (Design Review), as required for Planned Development Projects (section 33 -1354(a)). The Project also includes a density bonus request in accordance with state density bonus law, and Article 67 (Density Bonus and Residential Incentives). The Project entails demolition of an existing commercial building, and four (4) residential dwelling units; three (3) of those units are considered “protected units” under Senate Bill 330 as they are rented by low-income or very-low-income households. As a resu lt, the Applicant would be required to replace the protected units with deed-restricted low-income or very-low-income units (as specified within Condition of Approval Nos. G(1)-(3)). The Applicant proposes four (4) very -low-income households to satisfy thi s requirement, and would thereby qualify for an increase in density pursuant to state density bonus law and Article 67.

The Project site is located on an identified site within the City’s certified sixth cycle housing element, and is subject to the provisi ons of “no net loss .” City staff analyzed the City’s current inventory for capacity and determined that even with the Project as proposed, the City would maintain adequate sites and inventories for the purpose of state law. Therefore, should the City Council approve the Project, the City would maintain compliance with “not net loss” requirements.

The Project also includes off -site improvements which would be required as part of Project build out.

These include, but are not limited to the following: remove and reconstruction of frontage improvements (sidewalk, curb returns, and pedestrian ramps), installation of street trees, and installation of pedestrian lighting.

The City’s Staff Development Committee (SDC) reviewed the Project for compliance with the City’s governing policy and regulatory documents and determined the Project as proposed and conditioned (refer to Exhibit “D” of draft Ordinance No. 2025-04) meets or exceeds those standards identified within such documents. For further analysis, the Plann ing Commission staff report details an in -depth Project analysis on compliance with the City’s General Plan, Downtown Specific Plan, and Zoning Ordinance (Attachment “1” – Planning Commission Staff Report, dated May 27th).

ENVIROMENTAL REVIEW
California En vironmental Quality Act (“CEQA”) Guidelines lists classes of projects that have been determined to not have a significant impact on the environment and as a result are exempt from further environmental review under CEQA.

As detailed in Attach ment “ 2”, purs uant to CEQA, the Project is categorically exempt from further environmental review under CEQA Guidelines Section 15332 (In-Fill Development Projects). Based on the 335
Item11.

information in the administrative record, including, but not limited applicable municipal code ordinances, the Climate Action Plan consistency checklist, traffic scoping agreement, and storm water quality management plan, the Project would not result in any significant effects relating to traffic, noise, air quality or water quality. Furthermore , the Project does not trigger any of exceptions to the use of an exemption under Section 15300.2 (Exceptions) of the CEQA guidelines.

The decision to approve the Project would include adoption of the Notice of Exemption.

CONCLUSION/RECOMMENDATION
Based on the analysis contained in this Staff Report, the Planning Commission Staff Report, dated May 27, 2025, the presentation provided to the City Council and such other evidence and public input as may be heard at the Public Hearing, City staff recommends that the City Council introduce Ordinance No. 2025 - 04 and adopt Resolution No. 2025-68, approving the Project as conditioned.

The Project would further implement the vision of the Downtown Specific Plan through the revitalization of an underdeveloped parcel which would be developed consistent with the type of use envisioned for this area. The Project would also improve the streetscape, and surrounding area through the incorporation of landscaping, and sidewalk improvements that are consistent with the desi gn principles for the South Escondido Boulevard area.

ORDINANCE
a) Ordinance No. 2025-04
b) Ordinance No. 2025-04 —Exhibits “A” – Legal Description c) Ordinance No. 2025-04 —Exhibits “B” – Factors to be Considered/Findings of Fact d) Ordinance No. 2025-04 —Exhibits “C” – Approved Plans e) Ordinance No. 2025-04—Exhibits “D” – Conditions of Approval

RESOLUTION
a) Resolution No. 2025-68
b) Resolution No. 2025-68—Exhibit “A”– Legal Description c) Resolution No. 2025-68—Exhibit “B”– Project Plans
d) Resolution No. 2025-68—Exhibit “C”– Factors to Be Considered / Findings of Fact e) Resolution No. 2025-68—Exhibit “D”– Conditions of Approval

ATTACHMENTS
a) Attachment “1”—Planning Commission Staff Report, dated May 27, 2025 b) Attachment “2”—Notice of Exemption
336
Item11.

ORDINANCE NO. 2025-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A PLANNED

DEVELOPMENT PERMIT (MASTER AND PRECISE PLAN),
FOR CONSTRUCTION OF 35 DWELLING UNITS

CASE NO: PL25-0149/PL25-0150/PL25-0151
APPLICANT: Stephen Dalton Architects (C/O Sebastian Beingola) The City Council of the City of Escondido, California does ordain as follows:

SECTION 1. The City Council makes the following findings:
a) Stephen Dalton Architects, represented by Sebastian Beingola, (“Applicant”), filed land use development applications, Planning Case No(s). PL25 -0149/PL25-0150/PL25-0151 (“Application”) constituting a request for a Planned Development Permit (Master and Precise Plan) and Design Review Permit to allow for construction of a thirty-five-unit (35) multi-family building with ground -floor residential uses; and density bonus request to exceed the allowable maximum density (“Project”) on a 0.23 net acre parcel addressed as 339 S. Escondido Boulevard (A ssessor’s Parcel No.: 233-141-15-00), in the Specific Planning Area 9 (SPA-9: Downtown Specific Plan Area) General Plan Land Use Designation, and within the Specific Plan (S-P) zoning district; and b) The subject Property is all real property described in Exhibit “A,” which is attached hereto, and made a part thereof by this reference; and
c) The Application was submitted to, and processed by, the Planning Division of the Development Services Department. The Application consist s of a Planned Development Permit (Master and Precise Plan) to allow for ground-floor residential uses as required by the Downtown Specific Plan and for construction of the Project; and 337
Item11.

d) The Applicant concurrently submitted an application for a Design Review Permit as is required for Planned Development Projects, pursuant to Article 64 (Design Review) section 33 -1354(a) of the Escondido Zoning Code. The Proj ect also includes a density bonus request to exceed the maximum allowable units on the property from 23 dwelling units to 35 dwelling units, and to utilize incentives/concessions as permitted by State Density Bonus Law and Article 67 (Density Bonus and Residential Incentives) of the Escondido Zoning Code; and
e) The Planning Division of the Development Services Department completed its review and scheduled a public hearing regarding the Application before the Planning Commission on May 27, 2025. Following the public hearing, the Planning Commission adopted Resolution No. 2025-06, which recommended that the City Council, among other things, approve the Project.

SECTION 2: Proper notices of a public hearing have been given pursuant to Article 61, Division 6 of the Escondido Zoning Code and pursuant to State law and public hearings have been held before the Planning Commission and City Council on this issue.

SECTION 3. The City Council did on June 18, 2025, hold a duly noticed public hearing as prescribed by law. Evidence was submitted to and considered by the City Council, including, without limitation:
a) Written information including all application materials and other written and graphical information posted on the Project website; and
b) Oral testimony from City staff, interested parties, and the public; and c) The City Council Staff Report, dated June 18, 2 025, which along with its attachments including the May 27, 2025 Planning Commission Staff Report, is incorporated herein by 338
Item11.

this reference as though fully set forth herein, including the Planning Commission’s recommendation on the request; and
d) Additional information submitted during the public hearing.

SECTION 4. Upon consideration of the Factors to be Considered/Findings of Fact, attached as Exhibit “B,” and incorporated herein by reference, the City Council desires at this time and deems it to be in the best public interest to approve the Planned Development Permit (Master and Precise Plan) to allow ground floor residential uses and the residential development, as shown on the approved plans included as Exhibit “C”, and subject to the Conditions of Approval attached as Exhibit “D.” SECTION 5. The City Council considered Resolution No. 2025 -68 during the June 1 8, 2025, City Council hearing, and intends to approve a Design Review Permit to support the proposed Project.

SECTION 6. Concurrently with the action on this Ordinance, the City Council is taking a number of actions in furtherance of the Project, as generally described in the June 18, 2025, City Council Staff Report.

No single component of the series of actions made in connection with the Project shall be effective unless and until is approved by an Ordinance or Resolution and is procedurally effective in the manner provided by State Law. Therefore, this Ordinance shall become effective and operate only if the City Council Resolution No. 2025-68 is also approved.

SECTION 7. ENVIRONMENTAL REVIEW. That the City Council has reviewed and considered the Notice of Exemption prepared for the Project in conformance with California Environmental Quality Act (CEQA) Guidelines, and finds that the Project is categorically exempt from CEQA under CEQA Guidelines Section 15332 (In-Fill Development Projects). The City Council has determined that approval of the Project would not result in significant impacts to air quality, noise, traffic, or water quality; nor, does the Project trigger any of exceptions under CEQA Section 15300.2 that would qualify the use of the exemption. 339
Item11.

SECTION 8. All references within this Ordinance to “Applicant” or “Developer,” shall equally apply to the current property owner and to any successors -in-interest or assigns, whether such successors o r assigns own, control, or otherwise have development authority for all, a portion, or portions of that property included within the Project Site.

SECTION 9. SEVERABILITY. If any section, subsection sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 10. As of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 11. The City Council authorizes all subsequent action to be taken by City Officials consistent with this Ordinance.

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

SECTION 13. The Ordinance shall become effective 30 days from the date of this passage. 340
Item11.

LEGAL DESCRIPTION
Project Nos: PL25-0149, PL25-0150,
PL25-0151
Ordinance No. 2025-04
Exhibit "A"

Page 1 of 1 ends

341
Item11.

Ordinance No. 2025-04
Exhibit “B”

Page 1 of 8 ends

PROJECT NOS. PL25-0149/PL25-0150/PL25-0151

FACTORS TO BE CONSIDERED / FINDINGS OF FACT

Environmental Determinations:

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

2. The Project qualifies for the following exemption which has been determined to not have a significant effect on the environment, and is declared categorically exempt from the requirement for the preparation of environmental documents. In compliance with CEQA Guidelines Section 15332 (In-Fill Development Projects), the proposed Project meets the following criteria:

a. The Project is consistent with applicable general plan designation and all applicable general plan policies, as well as with applicable zoning designation and regulations, in that the proposed Project entails a multi-family residential development consistent with the Specific Planning Area 9 and all applicable General Plan policies, as well as the development standards within the Downtown Specific Plan for Southern Gateway District, except for the incentives/concessions and waivers requested and granted as part of the Density Bonus request , and as permitted by State Density Bonus Law and Article 67 of the Escondido Zoning Code;

b. The Project site is located within City of Escondido limits, on a site that is less than five acres, and is substantially surrounded by urban uses , as the Project site is approximately 0.23 acres. It is surrounded by residential uses to the south and west, and commercial uses to the north and east;

c. The Project site has no value as habitat for endangered, rare or threatened species, in that the Project site was previously developed as a mixed-use development with commercial and residential uses . The Project site is listed as “Urban/Developed” within the City’s Draft Subarea Plan;

d. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality, in that the Project would be required to comply with the City’s noise ordinance, which includes co nstruction and operational noise 342
Item11.

Ordinance No. 2025-04
Exhibit “B”

Page 2 of 8 ends

limits. The Project site is within a half-mile walking distance of a major transit stop:
the Escondido Transit Center. Per the VMT Memo (dated January 17, 2025) prepared by Marc Mizuta (Mizuta Traffic Consulting), the Proje ct is presumed to have a less than significant impact on VMT as it is located in a transit -accessible area, and VMT efficient area, thus screening out of VMT analysis pursuant to the City’s adopted Traffic Impact Analysis Guidelines (2021). Per the Project specific LMA analysis (January 17, 2025), the Project is forecasted to generate less than 500 daily trips, an d does not add 30 or more peak -hour trips to an intersection.

Therefore, traffic impacts associated with VMT and LOS are less than significant and no impacts would occur.

The Project is designed to comply with local and state required storm water regulations for the purpose of containing drainage and ensuring water quality.

Project construction would be required to comply with the Air Quality Resource Board’s standards on construction emissions and is below identified threshol ds within the City’s adopted, qualified Climate Action Plan (2021), as detailed in the CAP Consistency Checklist for the Project. The Project is consistent with the City’s General Plan and Zoning regulations except for all incentives/concessions and waivers requested and granted as a part of the density bonus request and would therefore would not result in adverse impacts related to traffic, noise, air quality, or water quality;

e. The Project site can be adequately served by all required utilities and public services in that the Project site is a previously developed site with existing utilities located adjacent to the site. The Project would be required to build to the City’s standards that allow for the Project to connect to existing services, including sewer and water connections.

3. The Project also does not trigger Section 15300.2 (Exceptions) of the CEQA Guidelines, which would disqualify the use of an exemption for the following reasons:
a. Location – The exemption proposed is a Class 32 (In -Fill Developmen t Projects) exemption, and the Project does not include a Class 3, 4, 5, 6, or 11 exemptions. Based on this, this exception is not applicable. b. Cumulative Impact – The Project is located within the Downtown Specific Plan which has a certified Final Environmental Impact Report for the existing land uses through the specific plan. The Project is consistent with the adopted specific plan, and is consistent with the types of projects envisioned for this area of the plan.
c. Significant Effect – There are no unusu al circumstances involved in the Project, as it is located in an urban area of the City and is consistent with the development standards and use of the property as envisioned through the adopted Downtown Specific Plan.
343
Item11.

Ordinance No. 2025-04
Exhibit “B”

Page 3 of 8 ends

d. Hazardous Waste Site – As demonstrated by the Applicant and the associated application materials on file with the City’s Planing Division , the Project is not located within a Hazardous Waste Site pursuant to Section 65962.5 of the Government Code.
e. Historical Resource – The Project includes demolition of an existing mixed- use building comprised of commercial uses and residential units. The existing building is not identified in the City’s Local Register or in Escondido Sites Survey. This exception is not triggered. The site to the west is identified as a Contributor; however the property itself is not within a Historic District, nor does it meet the definition of a Historical Resource under CEQA.

4. The City Council , or their designee , has independently considered the full administrative record before it , which includes but is not limited to materials and evidence submitted by the applicant and other interested parties, and input provided by other City departments and public agencies. No substantial evidence has been submitted that would support a finding that any above-described exemptions are not applicable to the Project. The Project will not have a significant effect on the environment, and all of the requirements of CEQA have been met.

Planned Development Permit Findings (Escondido Zoning Code Section 33 -403 of Article 19)

The City Council has reviewed the record, including applicable CEQA findings, and make the following findings in approving the Planned Development Permit:

1. The location, design, and residential density of the proposed planned development is consistent 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 is located within the Southern Gateway (SG) land use district of the Downtown Specific Plan (DSP). In this area of the DSP , the maximum residential density is 100 dwelling units per acre ( “100 du/acre”). The Project includes a density bonus request to exceed the maximum allowable units, and will provide four (4) Very -Low-Income units to achieve bonus units. The increase in density is permitted by State Density Bonus Law, and Article 67 (Density Bonus and Residential Incentives). The location, design, and residential density of the proposed Project is consistent with the goals and policies of the Escondido General Plan and DSP in that the Project complies with the height limits of the DSP, and is an area of the DSP that encourages high density urban living, along a commercial corridor.

344
Item11.

Ordinance No. 2025-04
Exhibit “B”

Page 4 of 8 ends

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

The Project requires a Planned Development Permit (Master and Precise Plan) due to the proposed ground floor residential uses , as detailed under Figure II -4 of the DSP . The proposed location of the Project is within an area of the DSP that encourages high density urban living as demonstrated by the allowable height for this specific area (75’-0” maximum, 7-stories). The Project is consistent with the type of development envisioned along Escondido Boulevard which is considered a commercial corridor leading into the core area of the DSP. This location is a suitable site for the type of development that is proposed.

Further, directly adjacent to the northeast of the Project site is a 4 -story mixed -use residential development of similar massing and height.

3. All vehicular traffic generated by the planned development will be accommodated safely and without causing undue congestion upon adjoining streets;

As detailed in the Planning Commission staff report, dated May 27, 2025, the Project screens out of a ny further Vehicles Miles Traveled (VMT) analysis as documented in the Project-specific traffic scoping agreement . Furthermore, based on the traffic scoping agreement, the Project is anticipated to generate less than 500 daily trips, and does not add thirty ( 30) or more peak hour trips to an intersection thereby satisfying General Plan requirements for level-of-service (LOS). Therefore, the Project would not result in undue congestion as it is below identified thresholds for both VMT and LOS.

4. The proposed loc ation and design allows 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 playgrounds, 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 is conditioned to address necessary resizing of water and sewer lines to facilitate the development Project on the site. Existing utility infrastructure exists in and around the Project site, and the site previously maintained connections to those facilities.

The Project will not have a negative impact on existing public facilities and services upon compeletion of the public improvements in that the City’s Utilites Department reviewed the Project as a part of the Staff Development Committee and determined there is adequate capacity and existing infrastructure to serve the Project. Minor changes to line sizing connecting the main to the site (i.e., lateral) are required for the Project to ensure minimum 345
Item11.

Ordinance No. 2025-04
Exhibit “B”

Page 5 of 8 ends

health and safety needs. The Project is conditioned to provide a new 6-inch sewer lateral that is be connected to an existing 8-inch sewer main.

5. The overall design of the pro posed planned development produces an attractive, efficient and stable environment;

The Project requires a Planned Development Permit to construct residential units on the ground-floor of the buiding per the DSP. The proposed Planned Development project will revitalize an underutilized parcel by providing new housing opportunities for residents, along a commercial corridor. This revitalization will create an influx of new and existing residents into the DSP, and produce an attractive, and stable environment for those in the surrounding neighborhood. Further, the Project is subject to the City’s Design Review process, which applied objective design standards to the Project to ensure compatibility with surrounding uses and adequate site design.

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 Planned Development Permit is required for ground-floor residential uses as indicated in the DSP. The topography of the site is relatively flat, and does not require excessive earthmoving or grading. Furthermore, the building height is consistent with the DSP’s height standard for this district. The Project is subject to the City’s Design Review process, which applied objective design standards to the Project to ensure compatibility with surrounding uses and adequate site design.

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 design and the amenities incorporated in the planned development in accord with adopted city policy

The Project proposes a multi -family use consistent with the DSP land use matrix and requires the Planned Development Permit (PDP) to allow for ground floor residential uses where they are otherwise not permitted. The Project includes the presence of one residential unit and ancillary parking structure on the ground floor triggering the requirement of the PDP. The location, design, and residential density of the proposed Project is consistent with the goals and policies of the Escondido General Plan and DSP in that the Project complies with the height limits of the DSP, and is an area of the DSP that encourages high density urban living, along a commercial corridor. With the exception of 346
Item11.

Ordinance No. 2025-04
Exhibit “B”

Page 6 of 8 ends

the incentives/concession granted pursuant to State Density Bonus Law and Article 67 of the Escondido Zoning Code, the Project complies with all existing zoning regulations.

No Net Loss:

Pursuant to California Government Code Section 65863, the City Council finds the following:

1. The Project site , or a portion thereof , is identified in the Housing Element to accommodate a portion of the regional housing need. The identified capacity on the Project site is as follows: 10 new moderate-income units. The proposed Project reduces the density of the site below what was projected in the Housing Element; the Housing Element shows a site capacity of 10 moderate-income units, whereas 4 very low-income units are proposed. Therefore the Project would result in a loss of 10 moderate units from the City’s identified sites inventory and ov erall provide 6 less affordable units than the estimated capacity in the Housing Element Sites Inventory.

2. The Housing Element, adopted on March 22, 2023 , requires that the City accommodate 9,607 low-/moderate-/above-moderate income units as its share of the regional housing need, with 1,496 low-/moderate-/above-moderate income units either constructed, approved, or projected to be provided through accessory dwelling units, leaving a remaining need for 8,111 units. If the proposed Project is approved, the remaining need will be reduced to 8,107 units. With approval of the Project, the Housing Element Sites Inventory would still have an identified capacity of 10,617 housing units overall. With respec t to moderate -income units, with approval of the Project, the City would maintain a total of 1,667 identified moderate- income units on sites within the sites inventory, where the regional housing need allocated the City a total of 1,527. Therefore, approval of the Project would result in a no net loss of moderate -income units and a no net loss overall for those sites remaining on the suitable sites inventory.

Density Bonus Determinations (Article 67 Section 33-1419 of Chapter 33)

1. The Project is consistent with the provisions of this article.

Ordinance No. 2025-04
Exhibit “B”

Page 7 of 8 ends

“protected units”. As a result, the Project must provide at least three deed-restricted, comparable dwelling unit s for low -income hous eholds. The Project proposes to provide four very low-income dwelling units. The Downtown Specific Plan permits a maximum density of 100 dwelling units per acre for the Project site, which would allow 23 dwelling units on the 0. 23-acre site. With the inclu sion of four very low- income dwelling units, the percentage of affordable units will be 17.4% of the total base density. Per Article 67 Section 33 -1413 of Chapter 33, the Project is eligible for a density bonus of up to 50% of the base dwelling units, granting entitlement to 12 bonus dwelling units. The Applicant has opted to add 12 bonus units, bringing the total to 35 dwelling units.

According to Article 67 Section 33-1414 of Chapter 33, the Project is entitled to three incentives/concessions and unlimted waivers of development standards . The Applicant requested two incentives/concessions.

The first requested concession is to reduce the required area for usable common open space. The development standard required for usable open space for residential development within the Downtown Specific Plan area is 300 square feet per dwelling unit. Therefore, the Project would be required to provide a total of 10,500 square feet. The Applicant has expressed that the standard open space requirement would prevent the Project from reaching the necessary unit count and therefore, financially hinder the Project from obtaining the necessary funds to fullfill the onsite affordable housing commitment. The Applicant proposes a 990 square foot common courtyard and approximately 2,380 square feet of private usable open space.

The second requested concession is for the required front setbacks along S Escondido Blvd . In the Southern Gateway District , the required front setback is measured either at the right of way or 14 feet from ultimate street curb face, whichever is greater. For the Project site, the required setback would be 14 feet from the ultimate street curb face. The Applicant has expressed that the standard setback requirement would prevent the Project from reaching the necessary unit count and therefore, financially hinder the Project from obtaining the needed funds to fulfill the onsite affordable housing commitment. In obtaining the concession, the baloncies along S Escondido Blvd will be able to project into the 14 -foot setback but remain within the bounds of the Project site.

Based on the Staff Development Committee’s review, these concessions would not adversely impact public health, safety, or the physical environment.

348
Item11.

Ordinance No. 2025-04
Exhibit “B”

Page 8 of 8 ends

The information provided above is outlined in the Density Bonus Request Form (Planning Commission Staff Report, dated May 27, 2025 — Attachment 3), which includes the requested incentives, concessions, and waivers, all of whi ch are in compliance with the provisions of Article 67.
349
Item11.

Ordinance No. 2024-04
Exhibit “C”

Page 1 of 1 ends

Project Case Nos.: PL25-0149, PL25-150, PL25-0151

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

350
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 1 of 18 ends

PROJECT NOS. PL25-0149/PL25-0150/PL25-0151

CONDITIONS OF APPROVAL

This Project is conditionally approved as set forth on the application received by the City of Escondido on January 08, 2024 , and the P roject drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated, and as approved by the City Council on June 18th, 2025, and shall not be altered without express authorization by the Development Service Department.

For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, and the Applicant’s successors in interest, as may be applicable.

A. General:

1. Acceptance of Permit. If the Applicant fails to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant:

a. Acceptance of the Permit by the Applicant; and

b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Escondido Municipal Code or Zoning Code applicable to such Permit.

2. Permit Expiration. If the Permit was filed as or concurrent wit h a Tentative Map or Planned Development application, the Permit shall expire 36 months from the effective date of approval, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code.

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 Development Services, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisi ons made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. A final Approved Plan set, shall be submitted to the Planning Division for certification electronically. Said plans must be certified by the Planning Division prior to submittal of any post- 351
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 2 of 18 ends

entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.

a. The operation and use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.

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

c. Once a permit has been issued, the Applicant may request Permit modifications. “Minor" modifications may be granted if found by the Director of Development Services to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. Such “minor” modifications shall be processed through a substantial conformance process identified by the Planning Division. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.

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

6. Certificate of Occupancy.

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

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

7. Availability of Permit Conditions.

a. Prior to building permit issuance , the Applicant shall cause a covenant regarding real property to be recorded that sets forth the terms and conditions of this Permit approval and shall be of a form and content satisfactory to the Director of Development Services.

b. The Applicant shall make a copy of the terms conditions of this Permit readily available to any member of the public or City staff upon request. Said terms and conditions shall 352
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 3 of 18 ends

be printed on any construction plans that are submitted to the Building Division for plan check processing.

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

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

No part of this Permit’s approval shall be construed to permit a violation of any part of the Escondido Municipal or Zoning Code. During Project construction and after Project completion, the Applicant shall ensure the subject land use activities covered by this Permit is conducted in full compliance with all local and state laws.

10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Development Services. Through plan check proc essing, 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 M itigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Development Services Department.

Approval of this development project is conditioned upon payment of all applicable development fees and connection fees in the manner provided in Chapter 6 of the Escondido Municipal Code.

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

12. Clerk Recording.

353
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 4 of 18 ends

a. Exemption. If the environmental determination prepared for the Project is a categorical exemption, the City of Escondido hereby notifies the Applicant that the County Clerk’s Office requires a documentary handling fee of $50 in order to file a Notice of Exemption.

In order to file the Notice of Exemption with the County Clerk, in conformance with California Environmental Quality Act (CEQA) Guidelines section 15062, the Applicant should remit to the City of Escondido Planning Division, within two working day s of the final approval of the P roject (the final approval being the date of this letter) a certified check payable to the “County Clerk” in the amou nt of $50. The filing of a Notice of Exemption and the posting with the County Clerk starts a 35 -day statute of limitations period on legal challenges to the agency’s decision that the Project is exempt from CEQA.

Failure to submit the required fee within the specified time noted above will result in the Notice of Exemption not being filed with the County Clerk, and a 180 -day statute of limitations period will apply.

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

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

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

15. Enforcement. If any of the terms, covenants, or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, the City of Escondi do shall have the right to deny or withhold subsequent permit approvals or permit inspections that are derived from the application entitlements herein granted; i ssue stop work orders; pursue abatement orders, penalties, or other administrative remedies as set forth in state and local laws; or institute and prosecute litigation to compel compliance with such terms, covenants, or conditions or seek damages for their violation. The Applicant shall be notified in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.

16. Indemnification, Hold Harmless, Duty to Defend.

Ordinance No. 2025-04
Exhibit “D”

Page 5 of 18 ends

actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature ca used by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sub lessees, invitees, agents, consultants, employees, or volunteers), or such activity of any other person that is permitted by the Applicant or owner of the Property, occurring in, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of appro val for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the Cit y and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outs ide counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).

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

Ordinance No. 2025-04
Exhibit “D”

Page 6 of 18 ends

Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such depos it and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subs equent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

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

The phasing plan shall identify the order in which all on - and off -site improvements will be installed, including triggers for improvements resulting from mitigation measures placed on the project through the environmental review process or required for General Plan conformance.

The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.

B. Construction, Maintenance, and Operation Obligations:

1. Code Requirements. All construction shall comply with the applicable requirements of the Escondido Municipal Code, Escondido Zoning Code, California Building Code; and the requirements of the Planning D ivision, Engineering Services Department, Director of Development Services, Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes. Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit i ssuance unless specifically waived herein.

As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of property. In addition to compliance with such basic standards, the property subject to these approvals shall also b e 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.

356
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 7 of 18 ends

2. Agency License and Permitting. In order to make certain on - or off -site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies. Nothing in these Conditions of A pproval 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 issuan ce, or certificate of occupancy as required . This review may result in conditions determined by the reviewing agency.

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

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

4. Signage. All proposed signage associated with the Project must comply with Article 66 (Sign Ordinance) of the Escondido Zoning Code . Separate sign permits will be required for Project signage. All non-conforming signs shall be removed. The Applicant shall submit with any sign permit graphic/list of all signs to be removed and retained, along with any new signage proposed.

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 compa ny shall maintain the property in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping.

The Applicant shall paint and re-paint all building exteriors , accessory equipment, and utility boxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.

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

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

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

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

11. Trash Enclosures. All appropriate trash enclosures or other approved trash system s shall be approved by the Planning and Engineering Division. The property owner or management 357
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 8 of 18 ends

company shall be responsible for ensuring that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner.

Trash enclosure covers shall be closed when not in use. Trash enclosures shall be regularly emptied. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

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

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

14. Construction Waste Reduction, Disposal, and Recycling. Applicant shall recycle or salvage for reuse a minimum of 65% of the non -hazardous construction and demolition waste for residential projects or portions thereof in accordance with either Section 4.408.2, 4.408.3, or

4.408.4 of the California Green Building Standards Code; and/or for non -residential projects or portions thereof in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non -residential construction projects, the Applicant must submit appropriate documentation as described in Section 4.408.5 of the California Green Building Standards Code for residential projects or portions thereof, or Section 5.408.1.4 for non- residential projects or portions thereof, demonstrating compliance with the California Green Building Standards Code sections cited above.

15. Construction Equipment Emissions. Applicant shall incorporate measures tha t reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50-horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB -verified diesel particulate filters. An exemption fro m this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Director of Development Services that (i) at least two construction fleet owners/operators in San Diego County were contacted and those owners/operators confirmed Tier 4 Interim equipment could not be located within San Diego County during the desired construction schedule, and (ii) the proposed replacement equipment has been ev aluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method, and documentation provided to the Planning Division confirms that necessary project -generated functional equivalencies in the diesel PM emissions level are achieved. 358
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 9 of 18 ends

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

The plan shall also identify the order in which structures will be built and occupied, the locati on of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.

C. Parking and Loading/Unloading.

1. A minimum of 16 parking spaces shall be prov ided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided above the required minimum amount, shall be dimensioned per City standards and be maintained in a clean, well -marked condition. The striping shall be drawn on the plans or a note shall be included indicating double- striping per City standards.

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

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

D. Landscaping: The property owner or management company assumes all responsibility for maintaining all on -site landscaping; any landscaping in the public right -of-way adjacent to the property, including potted plants; and any retaining and freestanding walls in a manner that satisfies the conditions contained herein.

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

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

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

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

359
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 10 of 18 ends

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

6. Landscaping Plans. Applicant shall install all required improvements including screening walls, retaining walls, storm improvements, and landscaping in substantial conformance to the planting and irrigation schedule as shown on the final Approved Plan set.

a. A final landscape and irrigation plan shall be submitted to the Engineering Services Department for review and approval , if meeting any of the criteria listed under Section 33-1323 of the Zoning Code. Detailed landscape and irrigation plan s shall be electronically submitted to the Engineering Services Department with the second submittal. The initial submittal of the landscape plans shall inclu de the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also be required.) The landscape and irrigation plans shall be reviewed and approved by the Planning Division and Engineering Services Department prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the satisfaction of the Planning Division. The required landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. planting and irrigation) is to be provided prior to final occupancy.

c. The installati on of the landscaping and irrigation shall be inspected by the Project landscape architect upon completion. He/she shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection.

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

e. New or retrofitted trash enclosures shall accommodate vertical climbing plants, vines with support trellis panels, clinging non-deciduous or fast growing shrubbery that will screen the enclosures wall surface. T he Director of Development Services shall find that the proposed landscaping design, material, or method provides approximate equivalence to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions.
360
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 11 of 18 ends

E. Specific Planning Division Conditions:

1. The Project shall be designed in accordance with incentives/concessions identified in Density Bonus Request attached as Attachment 3 of the Planning Commission staff report, dated May 27, 2025.

F. Housing and Neighborhood Services Conditions:

1. Four residential units shall be deed restricted to households qualifying as very low -income households, and rented at very low-income rents per state policy (“Affordable Units”).

2. The Project shall provide a minimum of four dwelling units for very-low income households (those earning less than 50 percent of the Area Median Income for the San Diego-Carlsbad-San Marcos MSA). Prior to issuance of a grading permit, the developer shall sign a binding affordable housing agreement with the City, which will set forth the conditions and guidelines to be met in the implementation of Density Bonus Law requirements and any other applicable requirements (Within the affordable housing agreement, the developer will be responsible for annual recertification of household income qualifications and compliance with rent limits). The agreement will also establish specific compliance standards and remedies available to the City upon failure by the developer to restrict units to target households for the prescribed time period (55 years for all target units as described in Government Code section 65915(c)). Income qualified households will be monitored by the City of Esc ondido Housing and Neighborhood Services Division for the duration of the affordability period. Monitoring fees will be applied per the affordable housing agreement.

3. All affordability agreements shall run with the land and be binding on the applicant and its heirs, transferees, assigns, successors, administrators, executors, and other representatives, and shall be recorded against the applicable property for the requisite period of time.

4. The Affordable Units shall be constructed concurrently with, or earlier than construction of the unrestricted units. The City shall not issue building permits for more than fifty (50) percent of the unrestricted units until the City has issued building permits for all of the Affordable Units.

5. The Affordable Units shal l be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for the unrestricted units in the Project.

6. The design, appearance, and general quality of t he Affordable Units shall be consistent or compatible with the design of the total housing development in terms of appearance, materials, and finished quality.

7. The average square footage for the unrestricted units shall be approximately the same as the average square footage for the Affordable Units of the same number of bedrooms. 361
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 12 of 18 ends

8. All Affordable Units shall have a bedroom unit mix consistent with Municipal Code Section 33 - 1417(d).

9. The Affordable Units shall be disbursed within the housing development.

10. The City shall not approve any final inspections or issue any certificates of occupancy for more than fifty (50) percent of the unrestricted units until the City has issued certificates of occupancy for all of the Affordable Units.

G. SB 330

1. Very Low-Income Deed Restriction: The Project shall provide a minimum of three dwelling units for very low-income households (those earning less than 50 percent of the Area Median Income for the San Diego-Carlsbad-San Marcos MSA) that is a comparable unit to the existing dwelling unit as defined in SB 330. Prior to issuance of a building permit, the developer shall sign a binding affordable housing agreement with the City, which will set forth the conditions and guidelines to be met in the implementation of SB 330, Density Bonus Law, and any other applicable requirements. Within the affordable housing agreement, the developer will be responsible for annual recertification of household income qualifications and compliance with rent limits. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the developer to restrict units to target households for the prescribed time period (55 years for all target units as described in Government Code section 65915(c)). Income qualified households will be monitored by the City of Escondido Housing and Neighborhood Services Division for the duration of the affordability period. Monitoring fees will be applied per the affordable housing agreement.

2. Relocation Benefits: Within 45 days of the approval date of the Project, the Applicant shall provide to the satisfaction of the City ’s Planning and Housing and Neighborhood Services Divisions, a Residential Relocation Assistance Program that outlines the relocation benefits tenants are entitled to under SB 330 and state law. The program shall include Relocation Advisory Services, Payment for Moving Expenses, and Replacement Housing Payment. This program will then be provided to the tenants of the existing dwelling unit.

3. Right to First Refusal: Prior to issuance of the demolition permit for the existing building(s), a signed letter from the prior tenants acknowledging their receipt of notice for their Right of First Refusal to return to a comparable unit at the very low-income household rent level, as defined in SB 330. The letter shall also indicate whether they accepted to occupy the newly constructed comparable unit at the affordable rent or waived their right for rental.

H. Specific Fire Department Conditions:

1. All Fire Department Connections (FDC) shall be in an approved location. 362
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 13 of 18 ends

2. Underground fire line plans, fire sprinklers, and fire alarm plans shall be deferred submittals to Escondido Fire Department.

3. All access shall be a minimum vertical clearance of 13’-6”.

I. Specific Engineering Division Conditions:

GENERAL

1. The applicant 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 b e determined by the Developer’s engineer. If a conflict occurs with the proposed project or improvements, arrangements for relocation of the conflicting utilities/facilities shall be made with the owner of the utility/facility prior to approval of the Grading Plans. This utility/facility relocation work shall be completed prior to issuance of Building Permits.

3. Improvement plans prepared by a Civil Engineer, required for all public street, utility, and storm drain improvements, and Grading/Private Improveme nt plans prepared by Civil Engineer, required for all grading, drainage and private onsite improvement design, shall be submitted for review through the City’s virtual plan review portal as a single package containing all items on the Engineering Initial S ubmittal Checklists. Landscaping Plans shall be prepared by a Landscape Architect.

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

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

6. All public improvements shall be constructed in a manner that does not damage existing public improvements. Any damage shall be determined by and corrected to the satisfaction of the City Engineer.
363
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 14 of 18 ends

STREET IMPROVEMENTS AND TRAFFIC

1. Improvement plans prepared by a Civil Engineer are required for all public street and utility improvements.

2. The developer shall remove and reconstruct frontage improvements (sidewalk, curb returns, and pedestrian ramps) on Escondido Boulevard in accordance with design principals of South Escondido Boulevard Neighborhood. Improvements shall include but not limited to construction of enhanced sidewalk, street trees, pedestrian lighting an d modification of curb return to the satisfaction of the City Engineer and Planning Director.

3. The developer shall remove and reconstruct the existing curb return and drainage structure at the southwest corner of Escondido Boulevard and 4 th Avenue in accor dance with the South Escondido Boulevard curb return design.

4. The developer shall remove the existing curb along project frontage on 4 th Avenue and replace with and replace with a standard 6 inch curb & gutter to the satisfaction of the City Engineer. The developer may also be required to remove the existing sidewalk and landscaping along the project frontage on 4 th Avenue and replace with new sidewalk and landscaping consistent the requirements of the Downtown Specific Plan guidelines, Design Review Board and Planning Director.

5. The developer shall be responsible for any damaged sections of curb & gutter and street improvements along project frontage on Escondido Blvd and 4th Avenue to the satisfaction of the City Engineer.

6. The developer may be responsible for grind and overlay of Escondido Blvd and 4th Avenue along project frontage due many utility trenches necessary to serve this project and construction damage. The City Engineer shall determine the extent of overlay improvements prior to completion of the project.

7. Access to this project shall be improved with an alley -type driveway in accordance with Escondido Standard Drawing No. G-5-E, with a minimum throat width of twenty-four (24) feet.

8. All unused driveways shall be removed and replaced with full height curb and gutter and sidewalk in accordance with City standards.

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

10. The developer’s engineer shall prepare a complete signing and striping plan for all improved roadways. A private contractor shall do any removal of existing striping, and shall do all new signing and striping.

11. Pedestrian access routes shall be provided into the project to the satisfaction of the City Engineer.

364
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 15 of 18 ends

12. All gated vehicular entrances shall be setback a minimum of twenty (20) feet from back of sideway, shall be designed and impro ved to the satisfaction of the City Engineer. The gated entrance shall remain open during the A.M. and P.M. peak hours.

An engineered improvement plan is required for all public improvements (unless only sidewalks, driveways and/or streetlights are requ ired). The developer shall post security for these improvements and an improvement plan shall be approved by the City of Escondido prior to issuance of any building permits. All required improvements shall be constructed prior to final acceptance of subje ct construction by the City.

GRADING

1. A site grading and erosion control plan shall be approved by the Engineering Department prior to issuance of building permits.

2. All private driveways and parking areas shall be paved with a minimum of 3” AC over 6” of AB or 5 1/2” PCC over 6” AB. All paved areas exceeding 15% slope or less than 1.0% shall be paved with PCC.

3. Erosion control, including riprap, interim sloping plan ting, gravelbags, 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 development of the project.

4. The developer shall be responsible for the recycling of all excavated materials designated as Industrial Recyclables (soil, asphalt, sand, concrete, land clearing brush and rock) at a recycling center or other location(s) approved by the City Engineer.

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

All site grading and erosion control plans shall be prepared by a Registered Civil Engineer. A separate submittal to the Engineering Department is required for the site grading and erosion control plans. Plans will not be forwarded from the Building Department.

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. 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 approval with the final improvement and grading pla ns. The SWQMP shall include hydro - modification calculations, treatment calculations, post -construction storm water treatment measures, and maintenance requirements.

3. All site drainage with emphasis on the roadway, parking, and driveway areas shall be treated to remove expected contaminants using a high efficiency non -mechanical method of treatment. 365
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 16 of 18 ends

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 refl ect these areas of storm water treatment.

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

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

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.

WATER

1. Water services, meters and backflow prevention devices shall be a minimum of 1 -inch in size.

Water meters and backflow prevention devices shall not be installed within driveway aprons or drive areas.

2. The developer is responsible to determine the water demands of the project. The minimum water service size is 1-inch. At a minimum, backflow devices shall be equal in size to the water lateral.

3. The final locations and sizing of all required water mains, water services, fire hydrants, detector check assemblies, and other water appurtenances shall be designed and installed to the satisfaction of the Director of Utilities and the Utilities Engineer.

4. Fire hydrants to be replaced, reconnected or relocated as part of this project shall be replaced in entirety per City of Escondido Standard W-3-E. Fire Hydrants together with an adequate water supply shall be installed at locations approved by the Fire Marshal. Developer shall show the locations of all required hydrants, detector check assemblies, fire department connections and post indicator valves on the improvement plans.

Ordinance No. 2025-04
Exhibit “D”

Page 17 of 18 ends

plans and permit, all fire suppression lines within the right -of-way or within public utility easements shall be shown for reference and review on the various final e ngineering plan sets.

Private fire suppression lines may not run parallel within the public right -of-way or within public utility easements. The property owner shall be responsible for all maintenance of these fire suppression and sprinkler systems.

6. No trees or deep -rooted plants shall be planted within 10 feet of any public water or recycled water main. There shall be no permanent structures located within the City’s Public Utility Easements.

7. All on-site water lines and backflow prevention devices beyond the City water meter or DCA shall be considered a private water system. The property owner shall be responsible for all maintenance of these water lines and appurtenances.

8. The Developer shall disconnect at the public main, all water services and fire hydrants laterals to be abandoned, to the satisfaction of the Utilities Engineer and Water Distribution Department.

9. The location and size of water services, backflow prevention devices and sewer laterals shall be shown on the improvement plans.

SEWER

1. New 6-inch private sewer lateral with a standard cleanout within 18-inches of the public right of way shall connect to the 8” sewer main in the alley through an existing 2 -foot private utility easement LOT 7 PARCEL 2 OF MAP 336. Sewer laterals less than 8 -inches in diameter shall connect to the sewer main with a wye or Inserta-Tee.

2. Sewer lateral shall be constructed per current City of Escondido Standards and Uniform Plumbing Code.

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

4. All sewer laterals shall be considered a private sewer system. Owner shall be responsible for all maintenance of sewer laterals to the public main.

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

6. The developer, through his engineer, shall verify the location of all public utility easements within this project and shall verify that the public utilities are within these easements.

7. The developer shall cap and plug all abandoned sewer laterals at the property line.

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

REPAYMENTS AND FEES
367
Item11.

Ordinance No. 2025-04
Exhibit “D”

Page 18 of 18 ends

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 $50,000, unless a higher amount is deemed necessary by the City Engineer.

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

EASEMENTS AND DEDICATIONS

1. The property owner shall grant to the City a two (2) foot public utility easement along the property frontage of Escondido Boulevard in accordance with the design standards and the requirements of the City Engineer

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 surveyi ng (document size) and traverse closure tapes. The City will prepare all final documents.

UTILITY UNDERGROUNDING AND RELOCATION

1. The Developer shall sign a written agreement stating that he has made all such arrangements as may be necessary to coordinate a nd provide utility construction, 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 Map (or Corner Record if appropriate) shall be recorded.

368
Item11.

RESOLUTION NO. 2025-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, A PPROVING A DESIGN

REVIEW PERMIT

CASE NO: PL25-0149/PL25-0150/PL25-0151

APPLICANT: Stephen Dalton Architects (C/O Sebastian Beingola)

WHEREAS, Stephen Dalton Architects, represented by Sebastian Beingola, (“Applicant”), filed land use development application s, Planning Case No (s). PL25 -0149/PL25-0150/PL25-0151 (“Application”) constituting a request for a Planned Development Permit (Master and Pre cise Plan) and Design Review Permit to allow for construction of a thirty-five-unit (35) multi -family building with ground -floor residential uses; and density bonus request to exceed the allowable maximum density (“Project”) on a

0.23 net acre parcel addressed at 339 S. Escondido Boulevard (A ssesor’s Parcel; No.: 233-141-15-00), in the Specific Planning Area 9 (SPA -9: Downtown Specific Plan Area ) General Plan Land Use Designation , and within the Specific Plan (S-P) zoning district; and 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
369
Item11.

WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and recommended Approval of the Project; and WHEREAS, the Planning Commission of the City of Escondido held a duly noticed public hearing on May 27, 2025, as prescribed by law, at which time the Planning Commission received and considered the reports and recommendation of the Planning Division and all interested persons were given the opportunity to appear and present their views with respect to the Application. Evidence was submitted to and considered by the Planning Commission, including written and oral testimony from City staff, interested parties, and the public. Following the public hearing, the Planning Commission adopted Resolution No. 2025-06, which recommended that the City Council approve the Project; and WHEREAS, the City Council held a duly noticed public hearing on June 18, 2025, as prescribed by law, at which time the City Council received and considered the staff report, dated June 18, 2025 with attachments, and recommendation of the Planning Division and Planning Commission, and gave all persons full opportunity to be hea rd and to present evidence and testimony regarding the Project.

Evidence was submitted to and considered by the City Council, including, without limitation:
a) Written information including plans, studies, written and graphical information, and other material, submitted by the Applicant; and
b) Oral testimony from City staff, interested parties, and the public; and c) The City Council staff report, dated June 18, 2025, with its attachments including the May 27, 2025 Planning Commission staff report, as well as City staff’s recommendation on the Project, which is incorporated herein as though fully set forth herein; and d) The Planning Commission’s recommendation; and
e) Additional information submitted during the public hearing; and 370
Item11.

WHEREAS, in furtherance of the Project, the City Council introduced Ordinance No. 2025 -04, incorporated herein as though fully set forth herein, to approve a Planned Development Permit (Master and Precise Plan) to allow for ground-floor residentials, and for construction of the Project; and WHEREAS, concurrently, the Applicant submitted a Design Review Permit as required for Planned Development Projects as outlined in Article 64 (Design Review) of the Escondido Zoning Code; and WHEREAS, the City is the Lead Agency under CEQA for the Project and d etermines the Project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 (Class 32 – In-fill Development Projects); and
WHEREAS, the City Council finds and approves the Design Review Permit to facilitate the construction of the Project, including the density bonus request as permitted by Article 67 (Density Bonus and Residential Incentives) and State Bonus Law as shown on the Projec t Plans attached as Exhibit “B;” and
WHEREAS, the Project includes a request of a Density Bonus, in accordance with State Density Bonus Law, and Article 67 (Density Bonus and Residential Incentives), in order to exceed the maximum allowable number of units and to utilize incentives/concessions; and WHEREAS, based on the administrative record, the requested incentives/concessions would not impact the public health and safety, nor would it impact any real property within that site that is listed within the California Register of Historical Resources; and WHEREAS, the Applicant has demonstrated that the Project is within one -half mile of a major transit stop as defined in Government Code section 21064.3 and does not meet any of the standards under such regulati on to cause the Project to be ineligible, and thus eligible to use Government Code section 65863.2 et seq. (also known as Assembly Bill (AB) 2097); and 371
Item11.

WHEREAS, pursuant to Government Code section 65863.2 et seq., a public agency (i.e., the City) shall no t impose or enforce any minimum automobile parking requirements on eligible residential development projects within one-half mile of a major transit stop as defined under section 21064.3; and WHEREAS, the Project site is identified as a suitable site withi n the City’s adopted and certified sixth cycle housing element, and allocated 10 new moderate-income units on the inventory; and WHEREAS, the City maintains a No Net Loss calculation in compliance with Government Code section 65863 et seq. and determined there is adequate remaining moderate-income units identified on other sites within the suitable sites inventory. Specifically, that 1,667 moderate -income units remain on identified sites where the City is required to plan for a minimum of 1,527 moderate -income units based on the City’s regional housing need allocation (“RHNA”); 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 upon 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 has reviewed and considered the Notice of Exemption prepared for the Project in conformance with California Environmental Quality Act (“CEQA”) Guidelines, and finds that the Project is categorically exempt from CEQA under CEQA Guidelines Section 15332 (In -Fill Development 372
Item11.

Projects). The City Council has determined that approval of the Project would not result in significant impacts to air quality, noise, traffic, or water quality; nor, does the Project trigger any of exceptions under CEQA Section 15300.2 that would qualify the use of the exemption.

3. That the Factors to Be Considered / Findings of Fact, attached as Exhibit “C” hereto and incorporated by this reference, were made by the City Council, and upon their consideration along with the staff reports, public testimony presented at the hearing, and all other oral and written evidence on this Project, the City Council approves the Project, subject to the Conditions of Approval set forth in Exhibit “D” hereto and incorporated by this reference. The City Council expressly declares that it would not have made this decision except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the uses permitted hereby.

4. The development plans for the Project are on file in the Planning Division of the Development Services Department and are available for inspection by anyone interested herein, and the development plans are incorporated herein by this reference as if they were fully set forth herein. Th e Project is conditionally approved as set forth on the Application and Project drawings, and which shall not be altered without the express authorization by the Planning Division. Any deviations from the approved development plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.

5. That concurrently with this Resolution, the City Council is taking a number of actions in furtherance of the Project, as generally described by the June 18, 2025, City Council Staff Report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective in the manner provided by state 373
Item11.
law. Therefore, this Resolution shall become effective and operative on the day immediately subsequent to the date that Ordinance No. 2025-06 becomes effective.

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

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

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

374
Item11.

LEGAL DESCRIPTION
Project Nos: PL25-0149, PL25-0150,
PL25-0151
Resolution No. 2025-68
Exhibit "A"

Page 1 of 1 ends

375
Item11.

Resolution No. 2025-68
Exhibit “B”

Page 1 of 1 ends

Project Case Nos.: PL25-0149, PL25-150, PL25-0151

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

376
Item11.

Resolution No. 2025-68
Exhibit “C”

Page 1 of 6 ends

PROJECT NOS. PL25-0149/PL25-0150/PL25-0151

FACTORS TO BE CONSIDERED / FINDINGS OF FACT

Environmental Determinations:

2. The Project qualifies for the following exemption which has been determined to not have a significant effect on the environment, and is declared categorically exempt from the requirement for the preparation of environmental documents. In compliance with CEQA Guidelines Section 15332 (In-Fill Development Projects ) the proposed Project meets the following criteria:

Resolution No. 2025-68
Exhibit “C”

Page 2 of 6 ends

limits. The Project site is within a half-mile walking distance of a major transit stop, the Escondido Transit Center. Per the VMT Memo (dated January 17, 2025) prepared by Marc Mizuta (Mizuta Traffic Consulting), the Proje ct is presumed to have a less than significant impact on VMT as it is located in a transit -accessible area, and VMT efficient area, thus screening out of VMT analysis pursuant to the City’s adopted Traffic Impact Analysis Guidelines (2021). Per the Project specific LMA analysis (January 17, 2025), the Project is forecasted to generate less than 500 daily trips, an does not add 30 or more peak -hour trips to an intersection.

Therefore, traffic impacts associated with VMT and LOS are less than significant and no impacts would occur.

The Project is designed to comply with local and state required storm water regulations for the purpose of containing drainage and ensuring water quality.

Project construction would be required to comply with the Air Quality Resource Board’s standards on construction emissions and is below identified threshold s within the City’s adopted, qualified Climate Action Plan (2021), as detailed in the CAP Consistency Checklist for the Project. The Project is consistent with the City’s General Plan and Zoning regulations except for all incentives/concessions and waivers requested and granted as a part of the density bonus request and would therefore would not result in adverse impacts related to traffic, noise, air quality, or water quality;

3. The Project also does not trigger Section 15300.2 (Exceptions) of the CEQA Guidelines, which would disqualify the use of an exemption for the following reasons:
a. Location – The exemption proposed is a Class 32 (In -Fill Development Projects) exemption, and the Project does not include a Class 3, 4, 5, 6, or 11 exemptions. Based on this, this exception is not applicable. b. Cumulative Impact – The Project is located within the Downtown Specific Plan which has a certified Final Environmental Impact Report for the existing land uses through the specific plan. The Project is consistent with the adopted specific plan, and is consistent with the types of projects envisioned for this area of the plan.
c. Significant Effect – There are no unusua l circumstances involved in the Project, as it is located in an urban area of the City and is consistent with the development standards and use of the property as envisioned through the adopted Downtown Specific Plan.
378
Item11.

Resolution No. 2025-68
Exhibit “C”

Page 3 of 6 ends

d. Hazardous Waste Site – As demonstrate d by the Applicant and the associated application materials on file with the City’s Planing Division , the Project is not located within a Hazardous Waste Site pursuant to Section 65962.5 of the Government Code.
e. Historical Resource – The Project includes demolition of an existing mixed- use building comprised of commercial uses and residential units. The existing building is not identified in the City’s Local Register or in Escondido Sites Survey. This exception is not triggered. The site to the west is identified as a Contributor; however the property itself is not within a Historic District, nor does it meet the definition of a Historical Resource under CEQA.

Design Review Permit Findings (Section 33 -1359 of Article 64 of the Escondido Zoning Code)

The City Council has reviewed the record, including applicable CEQA findings, and make the following findings in approving the Design Review Permit:

1. The proposed site pla n has been designed in a manner which is compatible with the natural and urban characteristics of the site and the surrounding neighborhood.

The Project is located within the DSP which envisions a high-density urban lifestyle for the Souther Gateway (SG) land use district. The Project is consistent with the heights permitted in this area of the DSP, and complements the surrounding commercial area by providing an influx of new and existing residents to patronize the existing businesses. Implementation of the Project would assist in the realization of the DSP as being an area of the City where one can live, work, and play.

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

The Project is located on a site that permits up a building up to 75’ -0” in height (7 stories), and as detailed in the Planning Commission staff report, dated May 27, 2025, is consistent with the heights envisioned for this area of the DSP. T here is an existing four (4) story 379
Item11.

Resolution No. 2025-68
Exhibit “C”

Page 4 of 6 ends

building across S Escondido Boulevard, so the builk and scale will not be incompatible with the surrounding neighborhood. Additionally, the building is constructed and designed in a manner that focuses the massing of the building along Escondido Boulevard, and away from the residential uses to the west.

3. The project incorporates landscaping, irrigation and screening which is drought tolerant, appropriate for the site, and in compliance with the landscape standards established by the city.

The Pr oject includes a mix of very -low and medium water usage landscaping to be consistent with Article 62 (Water Efficient Landscape) of the Escondio Zoning Code. Along the Project’s frontage, a total of six (6) street trees are proposed, and is consistent with the requirements detailed in Article 62.

4. All grading related to the project is in conformance to design standards set by Article 55, Grading and Erosion Control.

The Project is relatively flat in topography, and grading would be limited. No mass grading or precise grading triggering the need for a grading exemption is proposed. The site was previously developed and is previously disturbed.

5. The project has incorporated the applicable design review standards contained in the ordinance codified in this section and other applicable ordinances into the site layout and building design.

The Project was reviewed by the City’s Staff Development Committee for conformance with objective design review standards, and standards applicable to the site layout and building design including, but not limited to setbacks, building height, lot coverage, etc. The Project proposes a mix of material such as brick veneer, metal siding, CMU block with a smooth finish, and stucco. The use of this material results in a contemporary modern design of the building, and is consistent with the standards of the Downtown Specific Plan. Additionally, the incorporation of the balconies results in a building with varying planes, thus avoiding a box like massing which is discouraged by the DSP.

6. The project is consistent with the goals and objectives of the city’s general plan.

As detailed in the Planning Commission staff report, dated May 27, 2025, the Project is consistent with the goals and objectives of the City’s General Plan through the realiziation of the DSP. The Guiding Principles for the DSP envision a dynamic, attractive, and economically vital city center, and implementation of the Project would execute the vision for the DSP.
380
Item11.

Resolution No. 2025-68
Exhibit “C”

Page 5 of 6 ends

No Net Loss:

Pursuant to California Government Code Section 65863, the City Council finds the following:

2. The Housing Element, adopted on March 22, 2023 , requires that the City accommodate 9,607 low-/moderate-/above-moderate income units as its share of the regional housing need, with 1,496 low-/moderate-/above-moderate income units either constructed, approved, or projected to be provided through accessory dwelling units, leaving a remaining need for 8,111 units. If the proposed Project is approved, the remaining need will be reduced to 8,107 units. With approval of the Project, the Housing Element Sites Inventory would still have an identified capacity of 10,617 housing units overall. With respect to moderate -income units, with approval of the Project, the City would maintain a total of 1,667 identified moderate- income units on sites within the sites inventory, where the regional housing need allocated the City a total of 1,527. Therefore, approval of the Project would result in a no net loss of moderate-income units and a no net loss overall for those sites remaining on the suitable sites inventory.

Density Bonus Determinations (Article 67 Section 33-1419 of Chapter 33)

1. The Project is consistent with the provisions of this article.

The Project proposes the development of 35 dwelling units within the Southern Gateway District of the Downtown Specific Plan area. The Project site is currently developed with a used car dealership and a four unit multi-family building. Based on the tenant records from the past five years, three of the four units are deemed “protected units”. As a result, the Project must provide at least three deed-restricted, comparable dwelling unit s for low -income hous eholds. The Project proposes to provide four very low-income dwelling units. The Downtown Specific Plan permits a 381
Item11.

Resolution No. 2025-68
Exhibit “C”

Page 6 of 6 ends

maximum density of 100 dwelling units per acre for the Project site, which would allow 23 dwelling units on the 0. 23-acre site. With the inclusion of four very low- income dwelling units, the percentage of affordable units will be 17.4% of the total base density. Per Article 67 Section 33 -1413 of Chapter 33, the Project is eligible for a density bonus of up to 50% of the base dwelling units, granting entitlement to 12 bonus dwelling units. The Applicant has opted to add 12 bonus unit, bringing the total to 35 dwelling units.

The second requested concession is for the required front setbacks along S Escondido Blvd . In the Southern Gateway District , the required front setback is measured either at the right of way or 14 feet from ultimate street curb face, whichever is greater. For the Project site, the required setback would be 14 feet from the ultimate street curb face. The Applicant has expressed that the standard setback requirement would prevent the Project from reaching the necessary unit count and therefore, financially hinder the Project from obtaining the needed funds to fulfill the onsite affordable housing commitment. In obtaining the concession, the baloncies along S Escondido B lvd will be able to project into the 14 -foot setback but remain within the bounds of the Project site.

Based on the Staff Development Committee’s review, these concessions would not adversely impact public health, safety, or the physical environment.

The information provided above is outlined in the Density Bonus Request Form (Planning Commission Staff Report, dated May 27, 2025 — Attachment 3), which includes the requested incentives, concessions, and waivers, all of which are in compliance with the provisions of Article 67.
382
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 1 of 19 ends

PROJECT NOS. PL25-0149/PL25-0150/PL25-0151

CONDITIONS OF APPROVAL

For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, and the Applicant’s successors in interest, as may be applicable.

A. General:

a. Acceptance of the Permit by the Applicant; and

Resolution No. 2025-68
Exhibit “D”

Page 2 of 19 ends

electronically. Said plans must be certified by the Planning Division prior to submittal of any post- entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.

a. The operation and use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.

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

6. Certificate of Occupancy.

7. Availability of Permit Conditions.

384
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 3 of 19 ends

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

Approval of this development project is conditioned upon payment of all applicable development fees and connection fees in the manner provided in Chapter 6 of the Escondido Municipal Code.

385
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 4 of 19 ends

12. Clerk Recording.

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.

16. Indemnification, Hold Harmless, Duty to Defend.

386
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 5 of 19 ends

a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunteers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, at law or in equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, subless ees, invitees, agents, consultants, employees, or volunteers), or such activity of any other person that is permitted by the Applicant or owner of the Property, occurring in, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City an d shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).

b. The Applicant further and separately agrees to and shall i ndemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Pro ject’s environmental determinations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reason able attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City 387
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 6 of 19 ends

against any Claims in the manner the City deems to be in the best interests of the City and the Project).

c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including att orney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subseque nt deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

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

The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Buil ding Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.

B. Construction, Maintenance, and Operation Obligations:

Resolution No. 2025-68
Exhibit “D”

Page 7 of 19 ends

property subject to these approvals shall also b e 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.

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

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

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

The Applicant shall paint and re-paint all building exteriors , accessory equipment, and utility boxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.

389
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 8 of 19 ends

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

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

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

11. Trash Enclosures. All appropriate trash enclosures or other approved trash system s shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensuring that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner.

Resolution No. 2025-68
Exhibit “D”

Page 9 of 19 ends

granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Director of Development Services that (i) at least two construction fleet owners/operators in San Diego County were contacted and those owners/operators confirmed Tier 4 Interim equipment could not be located within San Diego County during the desired construction schedule, and (ii) the proposed replacement equipment has been ev aluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method, and documentation provided to the Planning Division confirms that necessary project -generated functional equivalencies in the diesel PM emissions level are achieved.

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

The plan shall also identify the order in which structures will be built and occupied, the locati on of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.

C. Parking and Loading/Unloading.

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

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

391
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 10 of 19 ends

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.

b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. planting and irrigation) is to be provided prior to final occupancy.

392
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 11 of 19 ends

E. Specific Planning Division Conditions:

1. The Project shall be designed in accordance with incentives/concessions identified in Density Bonus Request attached as Attachment 3 of the Planning Commission staff report, dated May 27, 2025.

F. Housing and Neighborhood Services Conditions:

1. Four residential units shall be deed restricted to households qualifying as very low -income households, and rented at very low-income rents per state policy (“Affordable Units”).

393
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 12 of 19 ends

7. The average square footage for the unrestricted units shall be approximately the same as the average square footage for the Affordable Units of the same number of bedrooms.

8. All Affordable Units shall have a bedroom unit mix consistent with Municipal Code Section 33 - 1417(d).

9. The Affordable Units shall be disbursed within the housing development.

G. SB 330

394
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 13 of 19 ends

H. Specific Fire Department Conditions:

1. All Fire Department Connections (FDC) shall be in an approved location.

2. Underground fire line plans, fire sprinklers, and fire alarm plans shall be deferred submittals to Escondido Fire Department.

3. All access shall be a minimum vertical clearance of 13’-6”.

I. Specific Engineering Division Conditions:

GENERAL

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

Resolution No. 2025-68
Exhibit “D”

Page 14 of 19 ends

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

STREET IMPROVEMENTS AND TRAFFIC

1. Improvement plans prepared by a Civil Engineer are required for all public street and utility improvements.

Resolution No. 2025-68
Exhibit “D”

Page 15 of 19 ends

damage. The City Engineer shall determine the extent of overlay improvements prior to completion of the project.

7. Access to this project shall be improved with an alley -type driveway in accordance with Escondido Standard Drawing No. G-5-E, with a minimum throat width of twenty-four (24) feet.

8. All unused driveways shall be removed and replaced with full height curb and gutter and sidewalk in accordance with City standards.

11. Pedestrian access routes shall be provided into the project to the satisfaction of the City Engineer.

GRADING

1. A site grading and erosion control plan shall be approved by the Engineering Department prior to issuance of building permits.

397
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 16 of 19 ends

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

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.

3. All site drainage with emphasis on the roadway, 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 refl ect 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.

WATER

398
Item11.

Resolution No. 2025-68
Exhibit “D”

Page 17 of 19 ends

1. Water services, meters and backflow prevention devices shall be a minimum of 1 -inch in size.

Water meters and backflow prevention devices shall not be installed within driveway aprons or drive areas.

2. The developer is responsible to determine the water demands of the project. The minimum water service size is 1-inch. At a minimum, backflow devices shall be equal in size to the water lateral.

5. Fire suppression and sprinkler systems beyond the detector check assemblies are private and shall be designed and constructed per current Building, Plumbing, and Fire Code Standards, and per the requirements of the City Fire Marshal and City Building Official and shall be approved by a separate submittal to the Building Department. Although private and approved by separate plans and permit, all fire suppression lines within the right -of-way or within public utility easements shall be shown for reference and review on the various final e ngineering plan sets.

8. The Developer shall disconnect at the public main, all water services and fire hydrants laterals to be abandoned, to the satisfaction of the Utilities Engineer and Water Distribution Department.

9. The location and size of water services, backflow prevention devices and sewer laterals shall be shown on the improvement plans.

SEWER

Resolution No. 2025-68
Exhibit “D”

Page 18 of 19 ends

easement LOT 7 PARCEL 2 OF MAP 336. Sewer laterals less than 8 -inches in diameter shall connect to the sewer main with a wye or Inserta-Tee.

2. Sewer lateral shall be constructed per current City of Escondido Standards and Uniform Plumbing Code.

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

4. All sewer laterals shall be considered a private sewer system. Owner shall be responsible for all maintenance of sewer laterals to the public main.

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

6. The developer, through his engineer, shall verify the location of all public utility easements within this project and shall verify that the public utilities are within these easements.

7. The developer shall cap and plug all abandoned sewer laterals at the property line.

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

REPAYMENTS AND FEES

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

EASEMENTS AND DEDICATIONS

Resolution No. 2025-68
Exhibit “D”

Page 19 of 19 ends

UTILITY UNDERGROUNDING AND RELOCATION

SURVEYING AND MONUMENTATION

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

401
Item11.

DATE: May 27, 2025
PL25-0149/PL25-0150/PL25-0151 – 339 S. Escondido Boulevard/West 4th Lofts PROJECT NUMBER / NAME: PL25-0149/PL25-0150/PL25-0151 – 339 S. Escondido Boulevard/West 4th Lofts REQUEST: Approval of a Planned Development Permit (Master and Precise Plan) and a Design Review Permit to allow for the construction of a 5 -story multi-family building with a total of 35 units on a 0.23-acre site with residential units on the ground-floor (“Project”). The Project site is zoned Specific Planning Area (S-P), and has a General Plan Land Use Designation of Specific Planning Area 9 (Downtown Specific Plan). The Project includes a density bonus request, and would provide four (4) Very -Low-Income units. In accordance wi th State Density Bonus Law and Article 67 (Density Bonus and Residential Incentives), the Project would utilize two (2) incentives/concessions to reduce the required amount of open space, and to allow balconies to project into a required front yard setback . The Project also includes on- and off-site improvements consisting of new off-street parking spaces, open space, stormwater management, and right-of-way improvements. The Project includes an environmental determination.

PROPERTY SIZE AND LOCATION: The 0.23-acre site is
located on the northwest corner of S Escondido
Boulevard and 4th Avenue is addressed at 339 S Escondido Boulevard. (Assessor’s Parcel Number(s): 233-141-15-00) APPLICANT: Stephen Dalton Architects
GENERAL PLAN / ZONING: SPA-9/S-P PRIMARY REPRESENTATIVE: Sebastian Beingolea DISCRETIONARY ACTIONS REQUESTED: Planned Development Permit (Master and Precise Plan) and Design Review Permit
PREVIOUS ACTIONS: N/A
CEQA RECOMMENDATION: Categorical Exemption – CEQA Guidelines Section 15332 (In-Fill Development Projects) STAFF RECOMMENDATION: Recommend approval to City Council REQUESTED ACTION: Approve Planning Commission Resolution No. 2025-06 CITY COUNCIL HEARING REQUIRED: _X_YES ___NO
REPORT APPROVALS: Dare Delano, Assistant City Attorney
X Veronica Morones, City Planner
10 Item 2.

STAFF REPORT
Attachment "1"
402
Item11.

BACKGROUND
The project site is located at the northwest corner of S. Escondido Boulevard and 4 th Avenue, and is addressed at 339 S. Escondido Boulevard. The site is zoned S -P (Specific Plan), and is within the Southern Gateway District (SG) land use district of the Downtown Specific Plan (DSP). The site has a General Plan land use designation of Specific Plan Area 9 (Downtown Specific Plan) (see Attachment 1 – Aerial, General Plan, and Zoning Map).

The project site is currently occupied by a mixed -use building comprised of an auto-dealership, and four (4) residential dwelling units. According to building records, the structure was built in 1954, and has been occupied by a variety of uses over time.

The project site is located approximately .20 miles south of the Downtown core , and is surrounded by a mix of residential, commercial, and other non-residential uses as shown in Table 1 below.

Table 1 – Surrounding Land Uses
Location Zoning Land Use
North Specific Plan (S-P) Restaurant
East Specific Plan (S-P) Auto Dealership
South Specific Plan (S-P) Vacant
West Specific Plan (S-P) Multi-Family

SUMMARY OF REQUEST
On January 8 th, 2024, Stephen Dalton Architects (“Applicant”), represented by Sebastian Beingolea, submitted an application for construction of a thirty -five unit (35) multi-family building consistent with the Downtown Specifi c Plan. The proposed project entails approval of a Planned Development Permit (Master and Precise Plan) and Design Review Permit to construct a 34,463 square-foot, 5-story, 35-unit multi-family building with ground level residential unit and parking, and podium level courtyard (“Project”) (see Attachment 2 – Site Plan).

The Project includes demolition of the existing automobile dealership, and the four (4) existing residential units on- site. In accordance with Senate Bill (SB) 330, the Applicant provided income verification to determine whether the existing units qualify as “protected units” under state law. City staff reviewed the provided information as part of the application review process, and determined that three (3) of the four (4) residential units are occupied by low- or very low-income households, and thus considered “protected units”. As a result, the Applicant would be required to deed-restrict 3 new units for very -low-income households, and is required to comply with the applicable provisions related to replacement units, relocation benefits, and right of first refusal, as outlined in draft Condition of Approval Nos. G.1-3. The Applicant will also provide an additional very -low-income unit for a total of four (4).

The provision of the 4 very-low-income units allows the Applicant to utilize density bonus, incentives/concessions, and waivers consistent with State Density Bonus Law, and Article 67 (Density Bonus and Residential Incentives) (see Attachment 3 – Density Bonus Request).
11 Item 2.

Attachment "1"
403
Item11.

As identified in Figure II-4 (Locations for Residential Uses) of the Downtown Specific Plan (DSP), the Project site is located within an area of the DSP that allows ground floor residential uses with approval of a Planned Development Permit, in accordance with Article 19 of the Escondido Zoning Code (EZC). Furthermore, Article 64 (Design Review), section 33-1354(a) of the EZC requires a Design Review Permit for Planned Development Projects. The Planning Commission’s role is to recommend a decision to the City Council on the required permits for the Project.

The Applicant would also make frontage improvements within the City’s right-of-way, including but not limited to:
sidewalks, curb returns, and pedestrian ramps in accordance with the design principals of the Downtown Specific Plan. The improvements will also include an enhanced sidewalk, street trees, and pedestrian lighting.

SUPPLEMENTAL DETAILS OF REQUEST
Standard

1. Property Size: 0.23 net acres

2. Number of Units: 35 Dwelling Units
Minimum Required Proposed

3. Unit Size: N/A1 441 sq. ft. – 812 sq. ft.

4. Density: 100 du/ac permitted 152 du/ac2

5. Lot Coverage/Floor Are Ratio: None/None 70%/3.45

6. Building Height 75’-0” (5 Stories) 54’-10” (5 stories)

7. Motor Vehicle Parking: 55 163

8. Bicycle Parking: N/A 20 spaces

9. Setbacks:
a. Front Yard: 14’-0” from edge of curb or at
right-of-way, whichever is
greater
14’-0”4
b. Rear Yard: None 1’-6”
c. Side Yard: None 1’-6”
d. Street Side: 14’-0” from edge of curb or at
right-of-way, whichever is
greater
14’-0”

10. Open Space / Landscaping: 10,500 sq. ft. 990 sq. ft.4 12 Item 2.

Attachment "1"
404
Item11.

11. Trees: N/A 10

12. Signage: N/A Sign permit to be reviewed during
building permit submittal –
conditioned to comply with Article
66 (Signs)

13. Trash: Trash Enclosure Bins within Trash Room

14. Lighting: N/A Reviewed upon building permit
submittal – conditioned to comply
with Article 35 (Outdoor Lighting)

15. Heating and Ventilation: Screened Screened with parapet 1Pursuant to the DSP, there is no minimum unit size requirement, unlike the requirement for the multi-family zones as regulated by the Escondido Zoning Code.
2In accordance with State Density Bonus Law, and Article 67, exceedance of maximum allowable density may be permitted subject to the provision of affordable units.
3In accordance with Assembly Bill 2097, a local agency may not enforce minimum parking requirements for developments within ½ mile of a Major Transit Stop.
4In accordance with State Density Bonus Law, the Applicant requests the use of incentives/concessions to allow a projection into the required front yard setback, and reduction in open space (refer to Attachment 2).

PROJECT ANALYSIS

1. General Plan Conformance:
a. Land use and density consistency
As detailed in the “supplemental details of request”, the Applicant requests the utilization of two incentives/concessions. The first incentive/concession is for the reduction of the open space requirement in order to facilitate the development of a high-density project in an urban area. The Project requires 10,500 square-feet of open space (common or private), and the Applicant would provide 990 square -feet resulting in a 9, 510 square -foot reduction. The Applicant indicated that the reduction of the open space requirement would increase the available funds required to fulfill the on-site affordability units thereby allowing the Project to achieve the proposed density . The second incentive/concession would allow a projection of the balconies into the required front yard setback on the second through fifth floor s to accommodate the necessary unit count, thereby increasing available funds to provide the on-site affordable units. This projection would provide the Applicant with additional space to provide the bonus units without reducing the footprint of the building.

The City’s Staff Development Committee reviewed t he request ed incentives/concessions, and determined the requested incentives/concessions would not cause a specific, adverse impact upon public health and safety, or the physica l environment, or on any real property that is listed in the 13 Item 2.

Attachment "1"
405
Item11.

California Register of Historical Resources. The Applicant’s requested incentives/concessions entail a reduction in the open space requirement, and for a projection of balconies into the required front yard setback. There is nothing in the administrative record from the City’s Fire Department , Engineering Division, or Building and Safety Division indicating that the requested incentive/concessions would impact the public health and safety, nor is there any real property within the site that is listed within the California Register of Historical Resources. Therefore, the requested incentives/concessions comply with the requirements of State Density Bonus Law and Article 67.

Further, in accordance with State Law, inconsistency with a zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. The Applicant requested incentives/concessions along with certain waive rs of development standards that are consistent with requirements of State Density Bonus Law and Article 67. The Project site maintains a land use designation that permits for residential development, while State law and Article 67 allow for density beyond the general plan’s identified threshold. 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 opportunities remain available throughout the planning period to accommodate a jur isdiction’s Regional Housing Needs Allocation (“RHNA”), especially for lower - and moderate -income households. In general, jurisdictions cannot approve new housing at significantly lower 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 located on the City’s inventory of sites and is shown in the City’s Housing Element as accommodating 10 new moderate -income units. The proposed Project would result in no new moderate-income units for the site. Therefore, no net loss provisions apply and the below findings are required to be met:

1. The reduction is consistent with the City’s adopted General Plan, including the housing element, in that the Project is a high -intensity infill development which provides a higher density than projected in the Housing Element . While the proposed Project would result in a loss of 10 planned for moderate -income units, the City would gain 35 total units, with four reserved for very -low-income households;

14 Item 2.

Attachment "1"
406
Item11.

2. The remaining sites identified in the housing element are adequate to meet the requirements of Section 65583.2 and to accommodate the jurisdiction’s share of the regional housing need pursuant to Section 65584, in that if the project is approved, the remaining need will be reduced to 8,107 units, while the Housing Element Sites Inven tory would still have a capacity for 10,617 housing units , including adequate moderate -income units to meet the City’s need of 1,527 moderate-income units, as there are 1,6 67 moderate-income units remaining on sites identified within the sites inventory inclusive of the proposed Project.

2. Specific Plan Conformance:

The project is located with the Southern Gateway (SG) land use district of the Downtown Specific Plan (DSP).

As discussed in the DSP, the vision of the SG district is to incorporate urban-style residential land uses while preserving the integrity of historic resources located within the district. The Project is an urban infill development that is surrounded by commercial uses to the north and the east. The Project would provide an increase in the number of residents in the area to support the commercial uses along Escondido Boulevard; furthermore, the close proximity to the core of Downtown assists in the realization of the DSP’s vision to create a “dynamic, attractive, economically vital city center providing [a] social, cultural, economic, and residential focus” . As shown in the “supplemental details of request,” the Project would exceed the allowable density of 100 dwelling units per acre due to the Applicant’s provision of four (4) Very -Low- Income (VLI) units. The calculation is provided in Table 2 below:

Table 2 – Density Calculation
Density Calculation
Base Density (permitted under
zoning):

100 dwelling units per acre x

0.23 acres

23 dwelling units
Target Units (Affordable Units):
4 (VLI) ÷ 23 base units 17.39% of affordable units
Bonus Units:
23 base units x 50% increase in
density
12 bonus units (rounded up from

11.5) *
Total Amount of Units Proposed: 35 Dwelling Units (23 base units + 12 bonus units) *In accordance with state law, every calculation of a Density Bonus Project is rounded up.

3. Climate Action Plan Consistency:

The Project consists of the construction of 35 dwelling units in an urban area of the City. The Project is not subject to the measures of the Climate Action Plan in that the Project is consistent with the existing General Plan land use designation, and does not exceed the threshold of 55 dwelling units for Multi-Family Housing.

In accordance with the Climate Action Plan, its Consistency Checklist, and Article 47 of the Zoning Code, the Project would emit fewer than 5000 MTCO2E per year, and impacts would be less than significant. No further documentation is necessary.

4. Site Design
15 Item 2.

Attachment "1"
407
Item11.
a. Grading, topography, retaining wall, and fencing:

The Project is relatively flat, and retaining walls are not necessary to facilitate development on-site.

A grading permit would be required pursuant to Article 55 but no significant grading is proposed due to the existing topographical nature of the site. The proposed Project does not include any perimeter fencing around the site; however, the proposed balconies would be fenced and would be painted in a beige color.
b. Project Access and Circulation:

The Project site has two existing driveways located on W. 4th Avenue. The proposed Project includes the removal of one driveway , and would utilize the other driveway for access into the proposed parking garage. The driveway would be improved to City standard and widen ed to 24’ -0” in compliance with the Escondido Zoning Code. As shown on the proposed floor plan, the only accessible areas of the building from the ground level would be a staircase for pedestrians, electrical and fire room, and the lobby. Residents of the multi-family building would have direct access to the parking garage via the lobby of the building. Both the City’s Fire Department and Traffic Engineering Division staff reviewed the proposed Project for adequate access and circulation maneuvering and found the Project to comply with City requirements to ensure public health and safety for the future tenants and surrounding uses.
c. Building Orientation:

The primary building elevation is along the Escondido Boulevard (east ern elevation) while the garage entry is oriented along W. 4th Avenue (southern elevation). The courtyard on the second- floor orients toward the properties adjacent to the north (northern elevation), and to the existing multi-family use to the west (west ern elevation). The primary building elevation improves the aesthetic of Escondido Boulevard and promotes a pedestrian friendly streetscape, along a commercial corridor of the City. As detailed in the “supplemental details of request,” the Project includes a request to utilize an incentive/concession to allow for a projection i nto the front yard setback, specifically the balconies on the second through fifth floor. This incentive/concession would allow the Applicant to provide additional units ; additionally, the resulting design would encourage an enhanced streetscape by bringing the building closer to Escondido Boulevard. d. Open Space and Landscaping
As detailed in the “supplemental details of request,” the Project includes a request to utilize one (1) of two (2) incentives/concessions. Under the DSP regulations, 10,500 sq. ft. of open space would be required for the Project; however, the proposed Project provides 990 sq. ft. of open space. Due to the high-density nature of the Project, the Applicant is unable to provide the open space required by the DSP. The proposed design of the building includes private open space for all the units, along Escondido Boulevard, W . 4th Avenue, and within the interior of the site . Further, the proposed design does include a courtyard. The courtyard includes a variety of amenities, including furniture, raised planters, and furniture. While the proposed Project does not include the required amount of 16 Item 2.

Attachment "1"
408
Item11.
open space as designated by the DSP, State Density Bonus Law and Article 67 provide a mechanism which technically allows for the reduction. Based on City staff review, the proposed incentive/concession to reduce the required amount of open space would facilitate the proposed Project as designed to accommodate the bonus density.
e. Parking:

Assembly Bill 2097 (AB 2097) is a California law that prohibits public agencies or cities from imposing a minimum automobile parking requirement on most development projects located within a half -mile radius public transit . Projects located within a half -mile of public transit are generally eligible for the automobile parking reduction provided by AB 2097. This includes residential, commercial, and industrial projects, but does not include hotels, motels, bed and breakfast inns, or other transient lodgings.

The Project site is a residential project located within one-half mile of “Public Transit” which means a “Major Transit Stop” as defined in Public Resources Code Section 21155, as noted on the plans, and confirmed by City staff. Government Code section 21064.3 defines a “Major Transit Stop” as an “an existing rail or bus rapid transit station” (Escondido Transit Center located at the intersection of Quince and W. Valley) . The proposed Project is a qualifying project under AB 2097, and the Applicant invoked t he application of AB 2097 to the proposed Project . Therefore, the proposed Project provides a total of 16 spaces on-site for use by the residents.

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

The total height of the proposed building is approximately 59’-9” and comprised of five (5) stories.

The height of the building is consistent with the allowed height of buildings within this area of the DSP. This area of the DSP allows for buildings up to 75’-0 (and 5 stories) along Escondido Boulevard, and limits buildings to 60’ -0” (and 4 stories) in height at the intersection of Escondido Boulevard and 2nd Avenue. The proposed height is consistent with the heights envisioned in the DSP, and is not out of scale with the surrounding area. Adjacent to northeast of the Project site is an existing 4-story mixed-use development with ground floor commercial and residential units above. b. Residential Floor Plans:

As detailed in the “supplemental details of request” the Project would provide a mix of studios and one (1) bedroom units ranging from 441 sq. ft. to 812 sq. ft. All of the units would include a hook- up for a washer/drying unit, and storage for the units would be provided along the common areas for a total of 3,888 cubic feet of storage.
c. Building Materials:

The primary proposed building material consists of metal siding along Escondido Boulevard and W 4th Avenue, away from the residential uses to the east. It is staff’s opinion that metal siding may 17 Item 2.

Attachment "1"
409
Item11.
sometimes be inappropriate in a residential dev elopment; however, the Applicant’s use of a modern design consisting of contemporary material--with the metal siding oriented away from the residential a reas and towards Escondido Boulevard —alleviates concerns that such material is proposed inappropriately. The proposed design of the building incorporates a mix of stucco, brick veneer, and CMU block with a smooth finish which provide a warm juxtaposition to the metal siding resulting in visual relief.

FISCAL ANALYSIS
The Applicant is responsible for payment of all applicable Development Impact Fees (DIF), prior to issuance of a building permit.

ENVIRONMENTIAL ANALYSIS
California Environmental Quality Act (“CEQA”) Guidelines lists classes of projects that have been determined to not have a significant impact on the environment and as a result are exempt from further environmental review under CEQA.

As detailed in Attachment “ 4”, pursuant to CEQA, the Project is categorically exempt from further environmental review under CEQA Guidelines Section 15332 (In -Fill Development Projects). Based on the information in the administrative record, including, but not limited applicable municipal code ordinances , the Climate Action Plan consistency checklist, traffic scoping agreement, and storm water quality management plan, the Project would not result in any significant effects relating to traffic, noise, air quality or water quality. Furthermore, the project does not trigger any of exceptions to the use of an exemption under Section 15300.2 (Exceptions) of the CEQA guidelines.

The Planning Commission’s decision to recommend approval of the Project, includes a recommendation on the environmental determination noted above.

PUBLIC INPUT
As of the date of publication, City staff received one public comment in support of the Project. The commenter was supportive of the in-fill nature of the Project.

CONCLUSION AND RECOMMENDATION
Based on the analysis contained in this staff report, and as presented by staff during the May 27, 2025 public hearing, City staff recommends that the Planning Commission adopt Resolution No. 2025 -06 recommending approval of the Planned Development Permit (Master and Precise Plan) and Design Review Permit to the City Council. The Project would revitalize an underutilized parcel as identified in the DSP; furthermore, implementation of the Project would advance the goals of the DSP which include high-density development in the City’s core.

Motion as recommended by City staff: “Recommend approval of the Project, as conditioned, and adopt Resolution No. 2025-06, recommending approval of the Project to the City Council.”

ATTACHMENTS

1. Location, Zoning, General Plan
18 Item 2.

Attachment "1"
410
Item11.

2. Site Plan

3. Density Bonus Request

4. Notice of Exemption

5. Draft Planning Commission Resolution No. 2025-06 including Exhibits A, B, C, and D 19 Item 2.

Attachment "1"
411
Item11.

OVERALL SITE PLAN
PROPOSED PROJECT: PHG 19-0034
PL25-0149, PL25-0150, PL25-0151

PROPOSED PROJECT
20 Item 2.

Attachment 1
Attachment "1"
412
Item11.

PROPOSED PROJECT: PHG 19-0034

PROPOSED PROJECT
PL25-0149, PL25-0150, PL25-0151 21
Item 2.

Attachment "1"
413
Item11.

PROPOSED PROJECT: PHG 19-0034

PROPOSED PROJECT
PL25-0149, PL25-0150, PL25-0151 22
Item 2.

Attachment "1"
414
Item11.
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12

A B C D E F G H J K L M N P Q R S

ESCONDIDO BLVD
339 S. ESCONDIDO BLVD.

ESCONDIDO, CA 92025
2316
sheet
9 ARCHITECTURAL SITE PLAN
A101
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916

LICENSED ARCHITECT
STEPHEN E. DALTON
STATE OF CAL I FORNIAO ONo. C25166
01/31/25
01/03/24

PLOT PLAN SUBMITTAL
04/09/24
PP REVIEW CYCLE 1
09/18/24
PP REVIEW CYCLE 2
12/02/24
PP REVIEW CYCLE 3

PROJECT NAME ESCONDIDO BLVD
OWNER WEST 4TH LOFTS LLC
PROJECT ADDRESS 339 S. ESCONDIDO BLVD
ESCONDIDO CA, 92025
A.P.N. 233-141-15
BASE ZONE S-P: SPECIFIC PLAN AREA

OVERLAY ZONE DOWNTOWN SPECIFIC PLAN

SOUTHERN GATEWAY DISTRICT
REQUIRED SETBACKS FRONT: 14'
REAR: 0'
SIDE (EXTERIOR): 0'
SIDE (STREET): 14'

REQUIRED PERMITS SDP APPROVAL

PLOT PLAN APPLICATION
BUILDING CODE(S) CBC 2022
CONSTRUCTION TYPE LEVEL 1: IA, LEVELS 2-5: VA
OCCUPANCY R-2, S-2
EXISTING BUILDING AGE 1950

SPRINKLERS (YES/NO) YES
STORIES 5
PROPOSED HEIGHT 59'-9"

PROJECT DATA
0 5' 10' 20'
N

99.96'
1'-6"
89'-2" +/- 9'-3 1/2" 40'-0"

99.71'
40'-0"
+/- 1'-6 1/2"
96'-8"
1'-6"

99.97'
1'-6"
89'-2" +/- 9'-3 3/4"
18'-8" 24'-0" DRIVEWAY 46'-6"

99.69'
+/- 1'-6 1/4"
96'-8"
1'-6"
18'-0" 24'-0" 18'-0"
9'-0" 9'-0" 9'-0" 8'-6" 8'-6" 8'-6"
14'-0" STBK
14'-0" STBK
20'-0"
38'-10"

STREET CENTERLINE
EX. PROPERTY LINE

SETBACK LINE

DOMESTIC / IRRIGATION

BACKFLOWS
FDC

RAISED BIOFILTRATION

BASIN PLANTER

VEHICULAR
GATE

PROPERTY LINE TO

BUILDING REFERENCE
POINT

STREET CENTERLINE

LINE OF FLOOR ABOVE
EX. AT&T PEDESTAL TO BE

RELOCATED PER SDG&E
EX. TRANSFORMER TO BE

REMOVED / RELOCATED

PER SDG&E

ELECTRICAL ROOM DOOR
WITHIN 10'-0" OF PODIUM

OVERHANG ABOVE
5' x 5' WELDHOLE

TO REMOVE GAS

SERVICE

CURB LINE
EX. ADJACENT BUILDING

FOOTPRINT

EV CHARGING

STATION
EX. FIRE HYDRANT
RELOCATE EX.

ELECTRICAL VAULT

PROPOSED

DEDICATION / NEW

PROPERTY LINE

FIRE BACKFLOW
W 4TH AVE.

S. ESCONDIDO BLVD
1 2 3 4 5 6 7
14 13 12 11 10 9 816 15
2 A102
2 A102
1 A102
1 A102
8'-6" 8'-6" 8'-6" 5'-0"
CLEAR
8'-0" 9'-0"
20'-0"
9'-0" 9'-0" 9'-0"8'-6" 8'-6" 9'-0"

PROPOSED

TRANSFORMER

PER DRY UTILITY
UGPS

PROJECT NORTH

PROPOSED
5-STORY

APARTMENT BUILDING
ELEC. RM
TRASH
RM.

PROPOSED BUILDING FOOTPRINT

PROPERTY LINE

SETBACK LINE

SITE PLAN LEGEND

1. FIRE UNDERGROUND LINES, FIRE SPRINKLER, FIRE

ALARMS AND FIRST RESPONDER RADIO COVERAGE

PLANS SHALL BE DEFERRED SUBMITTALS TO THE
ESCONDIDO FIRE DEPT.

2. AN EXISTING SECOND FIRE HYDRANT IS LOCATED SOUTH
OF THE SITE ALONG S. ESCONDIDO BLVD AND IT IS
WITHIN 350 FT. OF THE PROPERY.

THE MIN. FIRE FLOW REQUIRED IS 1500 GPM AT 20 PSI.

GENERAL NOTES
SCALE: 1" = 10'1 ARCHITECTURAL SITE PLAN
N

PROJECT

LOCATION

VICINITY MAP
W 4TH AVE
W 3RD AVE

S ORANGE ST

S ESCONDIDO BLVD
339 S. ESCONDIDO BLVD.

SHEET AVAILABLE FOR PUBLIC DISTRIBUTION
Attachment 2
Site Plan
Project Nos. PL25-0149, PL25-0150,
PL25-0151
23 Item 2.

Attachment "1"
415
Item11.

Pursuant to Escondido Municipal Code Sections 33-1412 and 33-1413, the applicant for a density bonus project shall submit a written proposal for the project including the information provided below.

A. General Information
PROJECT NO(S).: PL25-0149, PL25-0150, PL25-0151
ADDRESS: 339 S. Escondido Blvd
APN(S): 233-141-15-00

PROJECT
NARRATIVE (Attach
additional sheet if
necessary)
New construction of a 35 Apartment unit, 5 -Story residential project with ground level parking.

SITE HISTORY (e.g.,
past entitlements,
actions, CEQA review,
existing development ,
site characteristics):

Current Application for Entitlements .

The existing site is 4 multi -family units (all studios) and a used car dealership. The existing 4 units will be demolished and replaced by the proposed 35 -unit development.

GENERAL PLAN
DESIGNATION:

SPA 9: Downtown Specific Plan

BASE DENSITY

CALCULATION &
ALLOWANCE:
100 x .23 AC = 23
THE PROJECT INCLUDES A CHILD CARE FACILITY (check box) Yes ☐ No ☒ B. Existing Conditions
TOTAL NO. OF:

Existing units on site:

Existing units
proposed for
removal:
4 4
IF UNITS ARE PROPOSED FOR REMOVAL FILL OUT SECTION E.

C. Proposed Density Bonus Request

TOTAL UNITS
PROPOSED:
35 NO. AFFORDABLE

UNITS &
(AFFORDABILITY
LEVELS):
4 VLI

PERCENTAGE OF
AFFORDABLE UNITS:

17.4%

DENSITY INCREASE
PERMITTED (%):
50% OF 23 BASE DU

DENSITY BONUS
UNITS ALLOWED:
12 CITY OF ESCONDIDO
Planning Division
Density Bonus
Request
Attachment 3
Density Bonus Request Form
Project Nos. PL25-0149, PL25-0150, PL25-0151
24 Item 2.

Attachment "1"
416
Item11.
* Per EMC If any residential units are proposed for demolition, additional verification information will be required to ensure compliance with replacement requirements pursuant to state law.
1 Per EMC 33-1411 – an incentive/concession is an item(s) that would result in identifiable, financially sufficient, and actual costs reductions that contribute to the economic feasibility of the project.
2 Per Gov. Code §65915(e)(1) and §65915(e)(2) – a waiver is a reduction or modification of any development standard (Gov. Code §65915(o)(1)) when those requirements potentially make the construction of the project physically infeasible, if not approved. An example of suf ficient documentation is a written explanation of the requested waiver(s) and a waiver exhibit showing the developable envelope remaining once all development standards are met.

TOTAL LOTS
PROPOSED:
1 TOTAL NO. OF:

Studio Units
1-Bedroom Units
2-Bedroom Units
3-Bedroom Units
4-Bedroom Units

13 22

D. Incentives/Concessions1 and Waivers2
NO. OF INCENTIVES/
CONCESSIONS PERMITTED:
3 NO. OF WAIVERS REQUESTED: 0
NO. INCENTIVES/
CONCESSIONS REQUESTED:
2 Provide all proposed Incentives/Concessions and/or any Waivers requested in Table 1 as a part of the Density Bonus Request. Requests should be clear and definitive in identifying the requested standard, code, or regulation waiving/modification.

Note: A proposed project must not have a specific, adverse impact upon health, safety, or the physical environment and no adverse impacts to any real property that is listed in the California Register of Historical Resources. Additional information may be required, as needed.

Table 1 – Requests

Incentives/Concessions
Incentive /
Concession
Development
Standard (citation) Proposed Justification
Ex: One additional unit
Ex: Density
allowances
calculated pursuant
to Art. 6 and Art. 67
of EMC
Ex: One additional
residential unit.

Ex: The addition of one unit to the project would
allow for reduced costs to the overall project. By
providing for an additional above -moderate unit,
the development can fiscally cover the
construction and reduced sale cost of the X
number of very-low-income u nits that will be sold
at a restricted rate. Further, the allowance of the
additional unit would offset overall HOA costs
associated with the development, with projected
cost savings for owners of $XX/month for the
development.

1. COMMON OPEN SPACE

2. SETBACK PROJECTION

35 DU X 300SF/DU =
10,500 SF

Front Setback
requirement per
FIGURE III-5 under
“SG” zone column.

PUBLIC
COURTYARD = 990 SF

4’-0” Max balcony
projection into setback
The reduction of required open space allows the
project to provide the necessary unit count.

Thereby increasing the available funds required to
fulfill the onsite affordable housing commitment.

The projection of balconies into setbacks allows
the project/site to accommodate the necessary
unit count. Th ereby increasing the available funds
25 Item 2.

Attachment "1"
417
Item11.

Density Bonus Request Form
Rev. 05/2024

required to fulfill the onsite affordable housing
commitment.

Waiver
Waiver Development
Standard (citation) Proposed Justification
Ex: Height Ex: 35 -feet, 2 -stories
(Art. 6, § 33 -107) Ex: 50-feet, 4 stories
Ex: The existing standards would preclude the
project at the density requested and as designed
in that it would inhibit the ability to achieve the
number of units proposed given the total area of
the project site. The project makes efficient use of
the site; h owever, due to the constrained lot size,
and in an effort to provide the minimum allowed
parking and open space areas as an amenity for
residents, additional height is needed to achieve
the proposed density.

Notes:

E. Existing unit information
• Restricted Affordable Lower Income Units: Indicate the number of units by bedroom size existing on the site in the past five years that were at any time subject to a recorded covenant, ordinance, or law that restricted rents or prices to be affordable to lower or very low -income households.

N/A
• Units Subject to Rent Control or Price Control: Indicate the number of units by bedroom s ize on the site that in the past five years have been subject to rent control (through either state law, a local rent control ordinance, or an inclusionary (BMR) ordinance) or price control (through an inclusionary (BMR) ordinance).

Statewide rent control. Nothing specific to this property. • Incomes of Existing Tenant Households: Provide documentation of the names, property address, and current incomes of any households now occupying units on the site, by bedroom size of units. If current incomes are unknow n, please indicate.

Unit 4, Studio: Brandi Bird. Monthly Rent: $1,495. Household Annual Income: $76,310 • If Any Units Are Still Occupied, Incomes of Households Formerly Occupying Vacant Units: F or any vacant units, provide documentation of the income of the last household occupying the unit, by bedroom size. If that household's income is unknown, please indicate.
26 Item 2.

Attachment "1"
418
Item11.
* Per EMC If any residential units are proposed for demolition, additional verification information will be required to ensure compliance with replacement requirements pursuant to state law.
1 Per EMC 33-1411 – an incentive/concession is an item(s) that would result in identifiable, financially sufficient, and actual costs reductions that contribute to the economic feasibility of the project.
2 Per Gov. Code §65915(e)(1) and §65915(e)(2) – a waiver is a reduction or modification of any development standard (Gov. Code §65915(o)(1)) when those requirements potentially make the construction of the project physically infeasible, if not approved. An example of suf ficient documentation is a written explanation of the requested waiver(s) and a waiver exhibit showing the developable envelope remaining once all development standards are met.

Unit 1, Studio: Josue Mendez & Ana Olivar. Monthly Rent: $1,595. Household Annual In come: $88,992 Unit 2, Studio: Douglas Williams. Monthly Rent: $1,520. Household Annual Income: Unknown (Tenant occupied at Purchase)
Unit 3, Studio: Donald Seccombe & Lisa Mattey. Monthly Rent: $1,365. Household Annual Income: Unknown (Tenant occupied at Purchase)
Unit 4, Studio: Luke Morel & Maria Temprendola. Monthly Rent: $1,495. Household Annual Income: $78,000 • No Units Occupied; All Units Vacant or Demolished; Incomes of Former Tenants: If all units that existed on the site in the last fi ve years are currently vacant or have been demolished, please indicate the maximum number of units, by bedroom size, that existed on the site in the past five years and the income of each household occupying a unit at the time when the maximum number of un its existed on the site. If the income of those households is unknown, please indicate.

All four units are Occupied.

27 Item 2.

Attachment "1"
419
Item11.

Updated: 6/17/2021

CITY OF ESCONDIDO

PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4671
No tice of Exemption
To: Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Hwy, Room 260
San Diego, CA 92101
MS: A-33
From: City of Escondido
Planning Division
201 North Broadway
Escondido, CA 92025
Pr
oject Title/Case No: West 4th Lofts/PL25-0149/PL24-0150/PL25-0151 Pr
oject Location - Specific: Located on the northwest corner of South Escondido Boulevard and West 4 th Street, and is addressed as 339 South Escondido Blvd (APN: 233-141-15-00) Pr
oject Location - City: Escondido Project Location - County: San Diego De
scription of Project: Approval of a Planned Development Permit (Master and Precise Plan) and Design Review Permit (inclusive of density bonus) for the demolition of an existing four -unit multi-family building and used car dealership and for the construction of a new five- story, 35-unit multi-family residential development. There would be 31 market rate and four very low -income for rent dwelling units , r anging in size from studios to one-bedroom apartments. The ground floor w ould have 16 parking spaces, bicycle parking, biofiltration basin planter, and water efficient landscaping. Amenities will include a common 990 square foot common courtyard, private balconies or patios, private storage, and laundry. The project includes a density bonus of 12 units in addition to the 23 units allowed by current zoning, with four unit s reserved for very low-income households in accordance with State Density Bonus Law and SB 330. The Project is permitted three incentives or concessions and unlimited waivers. The Applicant has chosen to request two concessions to reduce the required usable open space, reduce the required front setback. The subject property is zoned Specific Plan (S-P) with adherence to the development standards in the Southern Gateway District within the Downtown Specific Plan. The General Plan land use designation for the property is SPA 9.

Na
me of Public Agency Approving Project: City of Escondido Nam
e of Person or Agency Carrying Out Project:

Name:

Stephen Dalton Architects (c/o Sebastian Beingolea)
Address: 444 South Cedros Ave, Studio 185, Solana Beach, CA 92075 Telephone: 858-792-5906
Private entity School district Local public Agency State agency Other special district Ex
empt Status:

The project is categorically exempt pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects).

Attachment "1"
420
Item11.
c. The P
roject site has no value as habitat for endangered, rare or threatened species, in that the Project site was previously developed as a mixed- use development with commercial and residential uses. The Project site is listed as “Urban/Developed” within the City’s Draft Subarea Plan; d. Appr
oval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, in that the Project would be required to comply with the City’s noise ordinance, which includes construction and operational noise limits. The Project site is within a half -mile walking distance of a major transit stop, the Escondido Transit Center. Per the VMT Memo ( dated January 17, 2025) prepared by Marc Mizuta (Mizuta Traffic Consulting), the Project is presumed to have a less than significant impact on VMT as it is located in a transit-accessible area, and VMT efficient area, thus screening out of VMT analysis pursuant to the City’s adopted Traffic Impact Analysis guidelines. Per the LMA analysis the Project is forecasted to generate less than 500 daily trips, an does not add 30 or more peak-hour trips to an intersection. The Project is designed to comply with required storm water regulations for the purpose of containing drainage and ensuring water quality. Project construction would be required to comply with the Air Quality’s Resource Board’s standards on construction emissions and is below identified thresholds within the City’s adopted, qualified Climate Action Plan (2021), as detailed in the CAP Consistency Checklist for the Project. The Project is consistent with the City’s General Plan and Zoning regulations except for all incentives/concessions and waivers requested and granted as a part of the Density Bonus request and would therefore would not result in adverse impacts related to traffic, noise, air quality, or water quality; e. The
Project site can be adequately served by all required utilities and public services in that the Project site is a previously developed site with existing utilities located adjacent to the site. The Project would be required to build to the City’s standards that allow for the Project to connect to existing services, including sewer and water connections.

Additionally, the Project also does not trigger Section 15300.2 (Exceptions) of the CEQA Guidelines, which would disqualify the use of an exemption for the following reasons:
a. Location – The exemption proposed is a Class 32 (In-Fill Development Projects) exemption, and the Project does not include a Class 3, 4, 5, 6, or 11 exemptions. Based on this, this exception is not applicable. b. Cumulative Impact – The Project is located within the Downtown Specific Plan which has a certified Final Environmental Impact Report for the existing land uses through the specific plan. The Project is consistent with the adopted specific plan, and is consistent with the types of projects envisioned for this area of the plan. c. Significant Effect – There are no unusual circumstances involved in the Project, as it is located in an urban area of the City and is consistent with the development standards and use of the property as envisioned through the adopted Downtown Specific Plan.
d. Hazardous Waste Site – As demonstrated by the Applicant, the Project is not located within a Hazardous Waste Site pursuant to Section 65962.5 of the Government Code. e. Historical Resource – The Pro ject includes demolition of an existing mixed- use building comprised of commercial uses and residential units. The existing building is not identified in the City’s Local Register or in Escondido Sites Survey. This exception is not triggered.

Le
ad Agency Contact Person: Ivan Flores Area Code/Telephone/Extension: 760-839-4529 Si
gnature:

Iv an Flores, AICP Principal Planner Date
Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant
29 Item 2.

Attachment "1"
421
Item11.

Updated: 6/17/2021

CITY OF ESCONDIDO

PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4671
Noti ce of Exemption
To: Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Hwy, Room 260
San Diego, CA 92101
MS: A-33
From: City of Escondido
Planning Division
201 North Broadway
Escondido, CA 92025
Proj
ect Title/Case No: West 4th Lofts/PL25-0149/PL24-0150/PL25-0151 Proj
ect Location - Specific: Located on the northwest corner of South Escondido Boulevard and West 4 th Street, and is addressed as 339 South Escondido Blvd (APN: 233-141-15-00) Proj
ect Location - City: Escondido Project Location - County: San Diego Desc
ription of Project: Approval of a Planned Development Permit (Master and Precise Plan) and Design Review Permit (inclusive of density bonus) for the demolition of an existing four -unit multi-family building and used car dealership and for the construction of a new five- story, 35-unit multi-family residential development. There would be 31 market rate and four very low -income for rent dwelling units , r anging in size from studios to one-bedroom apartments. The ground floor w ould have 16 parking spaces, bicycle parking, biofiltration basin planter, and water efficient landscaping. Amenities will include a common 990 square foot common courtyard, private balconies or patios, private storage, and laundry. The project includes a density bonus of 12 units in addition to the 23 units allowed by current zoning, with four unit s reserved for very low-income households in accordance with State Density Bonus Law and SB 330. The Project is permitted three incentives or concessions and unlimited waivers. The Applicant has chosen to request two concessions to reduce the required usable open space, reduce the required front setback. The subject property is zoned Specific Plan (S-P) with adherence to the development standards in the Southern Gateway District within the Downtown Specific Plan. The General Plan land use designation for the property is SPA 9.

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

Name: S
tephen Dalton Architects (c/o Sebastian Beingolea)
Address: 444 South Cedros Ave, Studio 185, Solana Beach, CA 92075 Telephone: 858-792-5906
Private entity School district Local public Agency State agency Other special district Exem
pt Status:

The project is categorically exempt pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects).

Reasons why project is exempt:
a. The Project is consistent with applicable general plan designation and all applicable general plan policies, as well as with applicable zoning designation and regulations, in that the proposed Project entails a multi-family residential development consistent with the Specific Planning Area 9 and all applicable General Plan policies, as well as the development standards within the Downtown Specific Plan for Southern Gateway District, except for the incentives/concessions and waivers requested and granted as part of the Density Bonus request;
b. The Proj
ect site is located within City of Escondido limits, on a site that is less than five acres, and is substantially surrounded by urban uses, as the Project site is approximately 0.23 acres. It is surrounded by residential uses to the south and west, and commercial uses to the north and east; Notice of Exemption
Project Nos. PL25-0149, PL25-0150, PL25-0151
Attachment "2"
422
Item11.
c. The Pr
oject site has no value as habitat for endangered, rare or threatened species, in that the Project site was previously developed as a mixed- use development with commercial and residential uses. The Project site is listed as “Urban/Developed” within the City’s Draft Subarea Plan; d. Approv
al of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, in that the Project would be required to comply with the City’s noise ordinance, which includes construction and operational noise limits. The Project site is within a half -mile walking distance of a major transit stop, the Escondido Transit Center. Per the VMT Memo ( dated January 17, 2025) prepared by Marc Mizuta (Mizuta Traffic Consulting), the Project is presumed to have a less than significant impact on VMT as it is located in a transit-accessible area, and VMT efficient area, thus screening out of VMT analysis pursuant to the City’s adopted Traffic Impact Analysis guidelines. Per the LMA analysis the Project is forecasted to generate less than 500 daily trips, an does not add 30 or more peak-hour trips to an intersection. The Project is designed to comply with required storm water regulations for the purpose of containing drainage and ensuring water quality. Project construction would be required to comply with the Air Quality’s Resource Board’s standards on construction emissions and is below identified thresholds within the City’s adopted, qualified Climate Action Plan (2021), as detailed in the CAP Consistency Checklist for the Project. The Project is consistent with the City’s General Plan and Zoning regulations except for all incentives/concessions and waivers requested and granted as a part of the Density Bonus request and would therefore would not result in adverse impacts related to traffic, noise, air quality, or water quality; e. The P
roject site can be adequately served by all required utilities and public services in that the Project site is a previously developed site with existing utilities located adjacent to the site. The Project would be required to build to the City’s standards that allow for the Project to connect to existing services, including sewer and water connections.

Lea
d Agency Contact Person: Ivan Flores Area Code/Telephone/Extension: 760-839-4529 Sig
nature:

Ivan F lores, AICP Principal Planner Date
Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant
Attachment "2"
423
Item11.

KEY-

CONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP PROCLAMATION
6/25/2025
CONSENT CALENDAR - (C. MCKINNEY) - APPROVAL OF FIRST AMENDMENT TO THE CONSULTING AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. - It is requested that the City Council approve the First Amendment to the Consulting Agreement with Interwest Consulting Group, Inc.

CONSENT CALENDAR - (R. VAN DE HEY) - ESRI AGREEMENT - It is requested that the City Council adopt Resolution 2025-65 authorizing the Mayor to execute on behalf of the City a Small Municipal and County Enterprise Agreement with Environmental Systems Research, Inc.

CONSENT CALENDAR - (J. PERPETUA) - CALPERS INDUSTRIAL DISABILITY RETIREMENT FOR POLICE SERGEANT CHRISTOPHER LESO - Request the City Council adopt Resolution No. 2025-16, approving the California Public Employees’ Retirement System (“CalPERS”) Service Pending Industrial Disability Retirement for Police Sergeant Christopher Leso.

CONSENT CALENDAR - (J. GOULART) - CATALYST GRANT AWARD - $5,000 - Request the City Council Approve Resolution 2025-73 authorizing the Assistant Director of Community Services to receive a $5,000 grant from the Society of American Archivists Foundation on behalf of the Escondido Public Library.

PUBLIC HEARING - (C. MCKINNEY/J. GOULART) - CITYWIDE ENERGY ROADMAP PROGRAM PUBLIC HEARING - (C. MCKINNEY) - ADOPT COMMUNITY DEVELOPMENT PRIORITIES FOR THE 2025-2029 CONSOLIDATED PLAN AND FISCAL YEAR 2025- 2026 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (“HOME”) CURRENT BUSINESS - (J. TENGER) - FIRE DEPARTMENT STANDARDS OF COVER STUDY Request the City Council receive and file the Fire Department's Standards of Coverage (SOC) Study as presented by AP Triton and provide direction or feedback.

CURRENT BUSINESS - (C. MCKINNEY) - URBAN FORESTRY MANAGEMENT PLAN AND PROGRAM UPDATE CURRENT BUSINESS - (Z. BECK) - COUNCIL FACILITY USE POLICY 7/2/2025 - NO MEETING (INDEPENDENCE DAY)
7/9/2025 - CANCELLED

Page 1 ends

424
Item12.

Escondido City CouncilJune 18, 2025

Escondido City Council
June 18, 2025