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Agenda packet

Escondido City Council
December 10, 2025

Document
Agenda packet
Meeting
December 10, 2025
Body
Escondido City Council
Pages
19
Original file
18.2 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, DECEMBER 10, 2025
4:00 PM - Closed Session (City Attorney Conference Room) 5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

WELCOME TO YOUR CITY COUNCIL MEETING
We welcome your interest and involvement in the legislative process of Escondido. This agenda includes information about topics coming before the City Council and the action recommended by City staff.

MAYOR
Dane White

DEPUTY MAYOR
Consuelo Martinez (District 1)

COUNCILMEMBERS
Joe Garcia (District 2)
Christian Garcia (District 3)
Judy Fitzgerald (District 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

HOW TO WATCH
The City of Escondido provides three ways to watch a City Council meeting:

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.gov 1 Wednesday, December 10, 2025

HOW TO PARTICIPATE
The City of Escondido provides two ways to communicate with the City Council during a meeting:

In Person In Writing

Fill out Speaker Slip and Submit to City Clerk escondido-ca.municodemeetings.com

ASSISTANCE PROVIDED
If you need special assistance to participate in this meeting, please contact our ADA Coordinator at 760-839-4869.

Notification 48 hours prior to the meeting will enable to city to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired – please see the City Clerk.

2 Wednesday, December 10, 2025

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: Fitzgerald, C. Garcia, J. Garcia, Martinez, White

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

CLOSED SESSION

I. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code § 54956.9(d)(1)) a. Carstensen v. City of Escondido
San Diego Superior Court Case No. 37-2024-000014854-CU-PO-NC b. Howard v. City of Escondido, et al.

San Diego Superior Court Case No. CIVSB2517061

ADJOURNMENT

3 Wednesday, December 10, 2025

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remarks made by individuals during this time. If you wish to b e recognized during this portion of the agenda, please notify the City Clerk in advance.

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: Fitzgerald, C. Garcia, J. Garcia, Martinez, White

PRESENTATION
San Diego County Air Pollution Control District

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

CONSENT CALENDAR
Items on the Consent Calendar are not discussed individually and are approved in a single motion. However, Council members always have the opt ion to have an item considered separately, either on their own request or at the request of staff or a member of the public.

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) 4 Wednesday, December 10, 2025

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between November 17, 2025 to November 30, 2025.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. APPROVAL OF THE FISCAL YEAR 2026/27 RECOGNIZED OBLIGATION PAYMENT SCHEDULE Request the City Council adopt Resolution No. 2025-140 to approve the Fiscal Year 2026/27 Recognized Obligation Payment Schedule (“ROPS”) so that the Successor Agency may continue to make payments due for enforceable obligations.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2025-140

6. ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS FUNDED BY DEVELOPMENT IMPACT FEES PER GOVERNMENT CODE SECTION 66006
Request the City Council receive and file the Annual Financial Report on Development Impact Fees.

Staff Recommendation: Receive and File (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance

CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB)
The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.)

7. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AUTHORIZING THE

EXECUTION OF A DEVELOPMENT AGREEMENT TO SUPPORT THE ISKCON RESIDENTIAL SUBDIVISION

PROJECT PROPOSAL
Approved on November 12, 2025 with a vote count of 3/2 (White, J. Garcia - No) a) Ordinance no. 2025-07 (Second Reading and Adoption)

5 Wednesday, December 10, 2025

PUBLIC HEARING

8. PL25-0020/PL25-0021/PL25-0023/PL25-0024: WEST VALLEY PARKWAY 70-UNIT TOWNHOMES Request the City Council adopt the following Resolution and Ordinance; (1) Ordinance No. 2025-11 approving a Planned Development Permit (Master and Precise Plan) to allow for ground-floor residential uses on the subject property and (2) Resolution No. 2025-162 approving (a) Tentative Subdivision Map to merge two lots into one and allow for condominium units, (b) Design Review Permit for construction of 70 multi-family units, and (c) a Notice of Exemption.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Ivan Flores, Principal Planner
a) Resolution No. 2025-162
b) Ordinance No. 2025-11 (First Reading and Introduction)

CURRENT BUSINESS

9. FIRE DEPARTMENT REQUEST: ADDITION OF SIXTH AMBULANCE FOR ESCONDIDO FIRE DEPARTMENT Request the City Council adopt Resolution No. 2025-161 approving funding for the purchase and staffing of one additional ambulance for the Escondido Fire Department.

Staff Recommendation: Approval (Fire Department: John Tenger, Fire Chief) Presenter: Deputy Fire Chief Tyler Batson
a) Resolution No. 2025-161

10. RENT REVIEW BOARD GUIDELINES REVISIONS
Request the City Council, serving in its capacity as the Escondido Rent Review Board, adopt Resolution No. RRB 2025-163 amending the Mobilehome Review Board Guidelines.

Staff Recommendation: Approval (Development Services: Kevin Snyder, Director of Development Services)
Presenters: Carlos Cervantes, Management Analyst; Danielle Lopez, Housing and Neighborhood Services Manager
a) Resolution No. RRB 2025-163

6 Wednesday, December 10, 2025

11. REVIEW AND UPDATE OF CITY COUNCIL SUBCOMMITTEE AND INTERAGENCY ASSIGNMENTS Request the City Council ratify members to serve on Interagency Boards and Council Subcommittees.

Staff Recommendation: Approval (City Clerk's Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk

FUTURE AGENDA

12. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development.

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, December 17, 2025 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, January 07, 2025 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council also sit as the Successor Agency to the Community Development Commission, Escondido Joint Powers Financing Authority, and the Mobilehome Rent Review Board.

7 Consent Item No. 1 December 10, 2025

A F F I D A V I T S

OF

I T E M

P O S T I N G –

 PL25-0020/PL25-0021/PL25-0023/PL25-0024: WEST VALLEY PARKWAY 70-UNIT

CONDIMINIUMS

8 Item1.

CITY OF ESCONDIDO

OFFICE OF THE CITY CLERK
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
(760) 839-4617

NOTICE OF PUBLI

C HEARING
The Escondido City Council will hold a public hearing in the City Council Chambers, Escondido City Hall, 201 North Broad
way, Escondido, California at 5 p.m. on Wedn esday, December 10, 2025 to consider the item listed below:

PL25-0020/PL25-0021/PL25-0023/PL25-0024: WEST VALLEY PARKWAY 70-UNIT CONDIMINIUMS REQUEST: Approval of a project within the Downtown Specific Plan (SPA-9) Ge neral Plan land use designation, and Specific Plan (S-P) zone consisting of a Tentative Subdivision Map, Planned Development Permit (Master and Precise Plan), and Design Review Permit all to permit construction of 70 dwelling units (“Project”). The proposed Project includes a Tentative Subdivision Map to merge two lots into one, and to allow for the subdivision of air space for purposes of con dominium units. A Planned Development Permit consisting of a Master and Precise Plan is required to allo w for ground-floor residential units within the Downto
wn Specific Plan, and a Design Review Permit is required for construction of the 70 dwelling units.

The Project also includes ancillary on- and off-site improvements related to off-street parking, landscaping, storm water management, repairs to existing curb and gutter impacted by the Project, and development of passive open space.

PROPERTY SIZE AND LOCATION: The 2.73-acre site is located on the south side of W. Valley Pkwy, bounded b
y N. Quince St and W. Grand Avenue, and is addressed at 613 W. Valley Parkway (Assessor Parcel No. 232-100-20-00 & 232-100-21-00).

ENVIRONMENTAL STATUS: The Project is categorically exempt pursua nt to California Environm ental Quality Act (CEQA) Guidelines section 15332 (In-Fill Development Projects).

PLANNING COMMISSION ACTI ON: On October 28, 2025, the Planning Com mission voted 7-0 recommending that the City Council approve the Project.

If you challenge this item in court, you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

PUBLIC COMMENT: To submit comments in writing, please do so at the following link: https://escondido- ca.municodemeetings.com/bc-citycou ncil/webform/public-comment. All comments received from the public will be made a part of the record of the meeting.

The City of Escondido re mains committed to comply ing with the Americans with Disabilities Act (ADA).

Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City b y filing out a Req uest for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760-839-4643, preferably at least 72 hours in advance of the event or activity.

Forms can be found on the City’s website at:
https://escondido.go
v/820/Americans-with-Disabilities-Act.

The staff report will be a
vailable on the City’s website at
https://escondido-ca.municodemeetings.com/ on or
around Thursday, December 04, 2025.For additional
information, please contact Ivan Flores, AICP, Principal Planner, at 760-839-4529, or via email at
[email protected], and refer to Case No. PL25-
0020.

Zack Beck, City Clerk
City of Escondido
DATED: November 27, 2025










Published in THE ESCONDIDO TIMES ADVOCATE: 11/27/25
9 Item1.

STAFF REPORT

December 10, 2025
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER

DEPARTMENT
Finance

RECOMMENDATION
Approval for City Council and Housing Successor Agency warrants issued between November 17, 2025 to November 30, 2025
Staff Recommendation: Approval (Finance Department: Christina Holmes) ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10 COUNCIL PRIORITY –

FISCAL ANALYSIS
The total amount of the warrants for the following periods are as follows:

Dates 11/17/2025 to 11/30/2025
Total $270,614,446.49
Number of Warrants 9,363

BACKGROUND
The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 10 Item2.

Consent Item No. 3 December 10, 2025

A P P R O V A L

O F

M I N U T E S

11 Item3.
12 Item4.

STAFF REPORT

December 10, 2025
File Number 0440-35

SUBJECT
APPROVAL OF THE FY2026/27 RECOGNIZED OBLIGATION PAYMENT SCHEDULE

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-140 to approve the FY2026/27 Recognized Obligation Payment Schedule (“ROPS”) so that the Successor Agency may continue to make payments due for enforceable obligations.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – No
COUNCIL PRIORITY – N/A

FISCAL ANALYSIS
Under the Redevelopment Dissolution Act, the Successor Agency is responsible for submitting to the County Oversight Board a payment schedule for obligations of the former Redevelopment Agency. The County Oversight Board will forward this payment schedule to the State for approval. Once approved by the State, the County of San Diego will fund the payments from the County Redevelopment Property Tax Trust Fund (“RPTTF”).

PREVIOUS ACTION
Resolution No. 2024-154 to approve the Recognized Obligation Payment Schedule (ROPS2 5-26) was approved by the City Council on December 4, 2024.

BACKGROUND
Escondido’s Redevelopment Agency (“Redevelopment Agency”) was established in December 1984 in connection with the adoption of the Escondido Redevelopment Plan (“Plan”) and formation of a Redevelopment Project Area (“Escondido Redevelopment Project Area”). The Redevelopment Agency 13 Item5.

consisted of the members of the Escondido City Council, although the City and Redevelopment Agency were legally separate entities.

In essence, redevelopment worked for decades by freezing the level of property taxes at the time the Redevelopment Agency adopted the Plan for the Escondido Redevelopment Project Area. During the existence of redevelopment, any increases in taxes went to the Redevelopment Agency, rather than the various entities that would have otherwise received the tax increases. This stream of revenue (the difference between taxes at the time of formation and the amount of increases, which occur over the years) was known as “tax increment” and could be used to pay the principal of and interest on loans, moneys advanced to, or indebtedness incurred by the Redevelopment Agency to finance a redevelopment project.

As part of the 2011 Budget Act, and in order to protect funding for core public services at the local level, the State Legislature approved the dissolution of the state’s 400 plus Redevelopment Agencies (“RDAs”).

The State of California’s passage of Assembly Bill X1 26 dissolved RDAs and replaced them with successor agencies effective February 1, 2012. As a result of the elimination of the RDAs, property tax revenues are now being used to pay required payments on existing bonds, other obligations, and pass -through payments to local governments. The remaining property tax revenues that exceed the enforceable obligations are being allocated to cities, counties , special districts, and school and community college districts.

To help facilitate the wind-down process at the local level, successor agencies were established to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties. The City of Escondido elected to serve as the Successor Agency for the Redevelopment Agency.

Pursuant to Health and Safety Code Section 34179(j), on July 1, 2018, one Countywide Oversight Board (“Countywide OB”) was created. The Countywide OB consists of seven mem bers representing agencies in the County and it will continue to oversee and approve the wind down actions of the successor agencies for former redevelopment agencies. As such, all actions of the Successor Agency approved by the City Council will then be submitted to the Countywide OB for approval, and then to the State Department of Finance for final approval.

RECOGNIZED OBLIGATION PAYMENT SCHEDULE OUTSTANDING OBLIGATIONS The Recognized Obligation Payment Schedule for July 2026 through June 2027 (Exhibit “A” to Resolution No. 2025-140) lists one enforceable obligation of the Redevelopment Agency:

Loan Repayment to Traffic Impact Fund: $150,000
California Health and Safety Code Section 33445 authorized a redevelopment agency to enter into agreements w ith the host city to borrow money and accept financial assistance from the city for 14 Item5.

redevelopment projects located within the agency’s jurisdiction. Because newly formed agency funding was limited to a future, expected stream of tax increment, cities ofte n loaned agencies both staff and funding to get redevelopment projects started. By Escondido Community Development Commission (“CDC”) Resolution 1985 -07, the Traffic Impact Fund loaned the Redevelopment Agency $200,000 for certain Nordahl Bridge improveme nts. Under Section 5 of Resolution No. CDC 85 -7, the Commission agreed to reimburse the City for the advance from whatever revenue the Commission is entitled to and to pay interest at the rate of twelve percent (12%) per annum , with a final payment date i n FY2035/36.

On December 18, 2012, this Loan was recognized by the Department of Finance to be an enforceable obligation of the Successor Agency.

Listed in ROPS26-27 (Exhibit “A”) is a request for approval of a payment of $150,000. The $150,000 total payment will result in an ending loan balance of $738,067 including accrued interest, summarized in the table below:

FY2025/26 Ending Balance $792,917
ROPS26/27 Payment (150,000)
FY2026/27 Accrued Interest (12%) 95,150
FY2026/27 Ending Balance $738,067

RESOLUTIONS
a) Resolution No. 2025-140
b) Resolution No. 2025-140 – Exhibit “A” – ROPS 26-27
15 Item5.

RESOLUTION NO. 2025-140

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AS THE SUCCESSOR AGENCY

TO THE ESCONDIDO REDEVELOPMENT AGENCY ,

ADOPTING A RECOGNIZED SCHEDULE OF

ENFORCEABLE OBLIGATIONS FOR THE PERIOD OF JULY
2026 THRU JUNE 202 7 PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34177

WHEREAS, pursuant to authorizing Resolution No. 2012 -16, the City Council of the City of Escondido elected to serve as the Successor A gency and S uccessor Housing Agency to the Escondido Redevelopment Agency; and
WHEREAS, pursuant to Health and Safety Code Section 34177, successor agencies are required to make payments due for enforceable obligations and adopt a Recognized Obligation Payment Schedule (“ROPS”); and
WHEREAS, pursuant to Health and Safety Code Section 34177, a ROPS must be adopted that lists all of the enforceable obligations within the meaning of Health and Safety Code Section 34167(d) , and must thereafter be reviewed by other entities, updated, and published in a specific manner; and WHEREAS, it is the intention of the City Council of the City of Escondido as the Successor Agency to the Escondido Redevelopment Agency to adopt the ROPS so that the Successor Agency may continue to make payments due for enforceable obligations.

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

1. That the above recitations are true.
16 Item5.

2. That the City Council, as the Successor Agency to the Escondido Redevelopment Agency, hereby adopts the ROPS for the period of July 2026 to June 2027, which is attached hereto as Exhibit “A” and incorporated by this reference.
17 Item5.

Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Escondido
County: San Diego
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 150,000 $ - $ 150,000 F RPTTF 150,000 - 150,000
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ 150,000 $ - $ 150,000 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/

Signature Date
Resolution No. 2025-140
Exhibit "A"

Page 1 of 3 ends

18 Item5.

Escondido
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027

A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$792,917 $150,000 $- $- $- $150,000 $- $150,000 $- $- $- $- $- $- 7 Loan
Repayment
to Traffic
Impact Fund
City/County
Loan (Prior
06/28/11),
Other
08/15/
1994
12/31/2035 City of
Escondido
Capital
Improvement-
Nordahl bridge
improvements
Esc.

Redev.
792,917 N $150,000 - - - 150,000 - $150,000 - - - - - $- Resolution No. 2025-140
Exhibit "A"

Page 2 of 3 ends

19 Item5.

Escondido
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
7 Resolution No. 2025-140
Exhibit "A"

Page 3 of 3 ends

20 Item5.

STAFF REPORT

December 10, 2025
File Number 0410-20

SUBJECT

ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS FUNDED BY DEVELOPMENT IMPACT FEES PER GOVERNMENT CODE SECTION 66006

DEPARTMENT
Finance Department

RECOMMENDATION
Requested that the City Council receive and file the Annual Financial Report on Development Impact Fees.

Staff Recommendation: Receive and File (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – No
COUNCIL PRIORITY – N/A

FISCAL ANALYSIS
There is no fiscal impact from this action.

PREVIOUS ACTION
The annual report for the Fiscal Year ending June 30, 2024, was brought to the City Council on December 4, 2024.

BACKGROUND
Government Code Section 66006 requires local agencies that impose Development Impact Fees to follow certain accounting procedures for tracking fee revenue received and to prepare an annual report that make certain findings. The Fiscal Year June 30, 202 5 Financial Information Report (Attachment “1”) provides the annual information required by the Government Code for the four Development Impact Fees that meet this reporting requirement: Park Development, Traffic Impact, Storm Drain, and Public Facilities.

These fees are accounted for in separate funds, and each fund earns and accumulates interest. No refunds have been made nor are any required. The next five-year report will be for the fiscal year ending June 30, 2026.
21 Item6.

ATTACHMENTS
a) Attachment “1” – Financial Information Report
22 Item6.
1)
2) The amount of the fee
3)
4) The amount of fees collected, interest earned, and transfers/loans 5)
6)
7)
8) The amount of refunds made pursuant to the code, if applicable Beginning
Fund Balance
Developer
Fee
Revenue
Interest
Earned
Other Revenue
& Transfers-In
Capital
Expenditures &
Transfers-Out
Ending Fund
Balance
FUND 1109 8,720,820$ 2,888,218$ 473,718$ -$ (1,132,911)$ 10,949,845$ Park Fee:

Purpose:

Capital Expenditures and Transfers Out:

Project No. Expenditure Description Expenditures
PRJ-00000059 City Skate Spots . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 325,825 1,563,851 100% PRJ-00000054 Grape Day Park Restrooms . . . . . . . . . . . . . . . . . .. . . . . . . . . . 57,054 2,204,001 100% PRJ-00000052 Jim Stone Aquatic Facility Ex . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,458 1,093,244 100% PRJ-00000196 John Masson Bike Park . . . . . . . . . . . . . . . . . . . . . . . . . . . 180,482 1,748,787 88% PRJ-00000047 NFC Fitness Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 254,738 100% PRJ-00000050 Park Ball Field . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 350,000 100% PRJ-00000272 Pickleball . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253,386 936,962 100% PRJ-00000051 Ryan Park Field Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .303,706 84,191 100% Total Expenditures and Appropriations: 1,132,911$ 8,235,774$

PARK DEVELOPMENT FUND
Capital Funds Funded by Development Impact Fees and Subject to Gov. Code Sec. 66006 Fiscal Year Ended June 30, 2025 Financial Information Report This report contains information on the City of Escondido's Capital Funds Funded by Development Impact Fees. These fees collected from developers are subject to the Government Code Section 66000 et seq., which governs the administration of development fees paid by developers for the public facilities and infrastructure needed to serve the new development. In order to be in compliance with the government code, fees are accounted for in separate funds to ensure that the fees are spent on the specific purpose for which they were collected. This report is organized by the fund that each development fee is collected in and includes the following information:

A brief description of the type of fee collected in each fund The beginning and ending balances in each fund
A description of the public improvements that the fees were spent on, along with the total percentage of the cost of the public improvement that was funded with the fees A description of each interfund transfer or loan made from each fund, along with the date the loan will be repaid and the rate of interest
The estimated date when projects will commence if sufficient funds have been collected to complete a project
For the fiscal year ended June 30, 2025 there were no refunds of development fees pursuant to the code. For more information regarding timelines, future uses, and history on the capital projects designated by the City Council in these funds, see the City of Escondido's Five Year Capital Improvement Program and Budgets, which are available on the City of Escondido's website or at the City Clerk's reference desk. $6,986.29 per dwelling unit, $6,663.76 per dwelling unit for multi family development.

To ensure that the park land and recreational facility standards established by the City are met with respect to the additional needs created by such development.

FYE 2025
Appropriation
Balance
Fees as a % of
Total Project's
Funding
Attachment "1"
23 Item6.

ATTACHMENT 1
Capital Funds Funded by Development Impact Fees and Subject to Gov. Code Sec. 66006 Fiscal Year Ended June 30, 2025 Financial Information Report Beginning
Fund Balance
Developer
Fee
Revenue
Interest
Earned
Other Revenue
& Transfers-In
Capital
Expenditures &
Transfers-Out
Ending Fund
Balance
FUND 1120 4,874,453$ 2,535,862$ 371,307$ -$ (4,423,369)$ 3,358,253$ $4,191.77 per single-family dwelling unit, $2,095.37 per dwelling unit for multi family development (See City Fee Guide for Development Projects Traffic fee schedule for additional details) Purpose:

Regional Traffic (RTCIP) Fee: $3,047.57 per residential dwelling unit Purpose:

Capital Expenditures and Transfers Out:

Project No. Expenditure Description Expenditures
PRJ-00000088 Bear Valley Parkway at Sunset . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 574,788 100% PRJ-00000103 Citracado, West Valley to Harmony Grove . . . . . . . . . . . . .. . . . . . . . . . 4,066,147 - 18% PRJ-00000101 Felicita & Juniper/Esc-Chsnt. . . . . . . . . . . . . . . . . .. . . . . . . . . . 1,099 - 13% PRJ-00000089 Lincoln Parkway Widening . . . . . . . . . . . . . . . . . . . . . . . . . . . - 1,000,000 100% PRJ-00000218 Mobility Element Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . 7,151 205,939 100% PRJ-00000091 Roadway Network Update . . . . . . . . . . . . . . . . . . .. . . . . . . . . . - 167,711 100% PRJ-00000090 South Escondido Access Improvements . . . . . . . . .. . . . . . . . . .. . . . . . . . . . 181,384 1,471,156 100% PRJ-00000102 Traffic Signals FY 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167,588 954,426 100% Total Expenditures and Appropriations: 4,423,369$ 4,374,020$ Interfund Loans:

Beginning
Fund Balance
Developer
Fee
Revenue
Interest
Earned
Other Revenue
& Transfers-In
Capital
Expenditures &
Transfers-Out
Ending Fund
Balance
FUND 1227 1,385,788$ 557,717$ 56,545$ -$ (45,478)$ 1,954,572$ Drainage Facilities Single-family residential $1,136.12 per dwelling unit, non-residential $0.73 per sq. ft.

Fee:

Purpose:

Capital Expenditures and Transfers Out:

Project No. Expenditure Description Expenditures
PRJ-00000092 E Valley Pkwy & Midway Drainage Improvements . . . . . . . . .. . . . . . . . . .. . . . . . . . 33,440 932,721 100% PRJ-00000094 Storm Drain - La Honda Drive . . . . . . . . . .. . . . . . . . . .. . . . . . . . - 935,251 100% PRJ-00000171 Fees Available for Developer Reimbursements . . . . . . . . . . . . . .. . . . . . . . 12,038 369,834 100% Total Expenditures and Appropriations: 45,478 2,237,806 During the fiscal year ended 1985, per CDC resolution 85-7, the traffic impact fund established a loan to the Community Development Commission (CDC) to provide funding to construct certain capital improvements as described in the Redevelopment Plan. The initial loan amount was $200,000, with accrued interest and payments received the current balance is $841,890.

TRAFFIC IMPACT FUND
Local Traffic Fee:

To ensure that the traffic and transportation facility standards established by the City are met with respect to the additional needs created by such development.

To ensure local agency participation in circulation improvements to allow quality of life standards to be achieved and allow new development to proceed.

FYE 2025
Appropriation
Balance
Fees as a % of
Total Project's
Funding

STORM DRAIN FUND
Multi-family residential $469.22 per dwelling unit.

To ensure that storm water drainage facilities meet the requirements established by the City's Drainage Master Plan.

FYE 2025
Appropriation
Balance
Fees as a % of
Total Project's
Funding
Attachment "1"
24 Item6.

ATTACHMENT 1
Capital Funds Funded by Development Impact Fees and Subject to Gov. Code Sec. 66006 Fiscal Year Ended June 30, 2025 Financial Information Report Beginning
Fund Balance
Developer
Fee
Revenue
Interest
Earned
Other Revenue
& Transfers-In
Capital
Expenditures &
Transfers-Out
Ending Fund
Balance
FUNDS 1243 11,020,238$ 2,230,924$ 535,520$ -$ ($989,194) 12,797,488$ Public Facility Fee:

Commercial $2.25 per square foot, Industrial $1.70 per square foot. Parking structure $0.61 per square foot.

Purpose:

Capital Expenditures and Transfers Out:

Project No. Expenditure Description Expenditures
PRJ-00000017 CAD Mapping Upgrade . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . - 345,000 100% PRJ-00000002 Computer Aided Dispatch . . . . . . . . . . . . . . . . . .. . . . . . . . . . - 80,036 100% PRJ-00000002 Development Impact Fee Inflation . . . . . . . . . . . . . .. . . . . . . . . . 46,749 38,855 46% PRJ-00000064 EVCC Back-up Generator . . . . . . . . . . . . . . . . . . . . . . . . . - 250,000 100% PRJ-00000064 GIS Public Internet Server . . . . . . .. . . . . . . . . .. . . . . . . . . .. . . . . . . . . . - 3,584 100% PRJ-00000016 Interface Point CAD . . . . . . . . . . . . . . . . . . .. . . . . . . . . . - 5,903 100% PRJ-00000286 Juniper Street Light Improvement . . . . . . . .. . . . . . . . . .. . . . . . . . . . 402,392 617,608 31% PRJ-00000056 KCP Sports Center Restroom . . . . . . . . . . . . . . . . . . . . . . . - 75,690 100% PRJ-00000029 Library Books & Circulating Materials . . . .. . . . . . . . . .. . . . . . . . . . 245,371 4,629 100% PRJ-00000031 Library Expansion Project . . . .. . . . . . . . . .. . . . . . . . . .. . . . . . . . . . - 100,000 100% PRJ-00000030 Public Printing . . . . . . .. . . . . . . . . .. . . . . . . . . .. . . . . . . . . . - 8,076 100% PRJ-00000063 Public Works Yard Generator . . . . . . . . . . . . . . . . . . . . . . . - 250,000 100% PRJ-00000065 Public Works Yard Relocation . . . . . . . .. . . . . . . . . .. . . . . . . . . . - 9,735,731 31% PRJ-00000007 RCS Financing . . . . . . .. . . . . . . . . .. . . . . . . . . .. . . . . . . . . . 86,166 85,841 23% PRJ-00000066 Traffic Signal Communication . . . . . . . . . . . . . . . .. . . . . . . . . . 208,516 1,975,121 76% Total Expenditures and Appropriations: $989,194 $13,576,076 Interfund Loans:

PUBLIC FACILITIES FUNDS
During the fiscal year ended 2022, per resolution 2022-43, the public facilities fund established a loan to the City Drainage Fund. The initial loan amount was $378,839.61 and is being repaid over a ten-year period at a rate equivalent to the City’s calculated investment portfolio monthly yield. The remaining balance on this loan as of June 30, 2025 is $265,187.73.

Residential $4,969.99 per dwelling unit.

To ensure that public facility standards established by the City are met with respect to the additional needs created by such development. (For public facilities such as Police, Fire, Library, etc.) FYE 2025
Appropriation
Balance
Fees as a % of
Total Project's
Funding
Attachment "1"
25 Item6.

ORDINANCE NO. 2025-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE

EXECUTION OF A DEVELOPMENT AGREEMENT TO

SUPPORT THE ISKCON RESIDENTIAL SUBDIVISION

PROJECT PROPOSAL

The City Council of the City of Escondido, California does ordain as follows:

SECTION 1. The City Council makes the following findings:
a) Dhiru Tantod (“Applicant”), filed a land use development application, Planning Case Nos. PL23- 0129/PL23-0130/PL25-0086/PL25-0085 (“Application”) constituting a request for a Tentative Subdivision Map for the subdivision of two existing lots into 12 lots; a Conditional Use Permit and Design Review permit for construction and operation of a 11,767 square -foot Krishna Temple; a Grading Exemption for construction of slopes up to 32’ -0” in height; and a Development Agreement for payment of the North Broadway Deficiency Area Fee (“Project”) on a 24.53 gross acre site located at 1315 and 1365 Rincon Avenue (APNs: 224-100-84-00/224-100-85-00), in the Estate (E2) General Plan Land Use Designation and is zoned Residential Estate – 20,000 (RE-20).
b) The subject Property is all that real property described in Exhibit “A” which is attached hereto, and made a part thereof by this reference as though fully set forth herein. c) The Planning Division of the De velopment Services Department completed its review, and scheduled a public hearing regarding the Project before the Planning Commission on September 23, 2025.

Following the public hearing on September 23, 2025, the Planning Commission adopted Resolution No. 2025-08, which recommended that the City Council, among other things, approve the Project’s Development Agreement.
26 Item7.

STAFF REPORT

December 10, 2025
File Number 0800-40

SUBJECT
PL25-0020/PL25-0021/PL25-0023/PL25-0024: WEST VALLEY PARKWAY 70-UNIT TOWNHOMES

DEPARTMENT
Development Services Department, Planning Division

RECOMMENDATION
Request the City Council adopt the following Resolution and Ordinance, approving the Project:

1. Adopt Ordinance No. 2025-11 approving a Planned Development Permit (Master and Precise Plan) to allow for ground-floor residential uses on the subject property.

2. Adopt Resolution No. 2025-162 approving (1) a Tentative Subdivision Map to merge two lots into one and allow for condominium units, (2) Design Review Permit for construction of 70 multi-family units, and (3) a Notice of Exemption.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, AICP, 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 (“DIF”), prior to issuance of a building permit.

PLANNING COMMISSION ACTION
On October 28, 2025, the Planning Commission held a duly noticed public hearing the consider a request by Troy Frederick, representing KB Homes (“Applicant”), to construct a 70 -unit “for -sale” townhome project located at 613 W Valley Parkway (“Property”) . The Planning Commissioners discussed the marketing of the property, and potential traffic issues with individuals driving through the property to access West Valley Parkway.
27 Item8.

Ultimately, the Planning Commission voted 7-0 recommending that the City Council approve the project, subject to conditions of approval. The Planning Commission minutes have been attached for the City Council’s consideration (Attachment “1” – Planning Commission minutes, dated October 28, 2025).

BACKGROUND
On January 17, 2025, the Applicant submitted a Planned Development (Master and Precise Plan), Tentative Subdivision Map, and Design Review Permit for construction of a three-story 70-unit “for-sale” townhome project (“Project”).

ANALYSIS
The Project includes a Planned Development Perm it (Master and Precise Plan) to allow for ground -floor residential uses on the subject property. The Property is located within an area of the Downtown Specific Plan ( “DSP”) that allows for ground -floor residential units, subject to a Planned Development Permit .

Additionally, the Project includes a Tentative Subdivision Map to merge two lots into one, and the allow for the division of air space for condominium units , and a Design Review Permit for cons truction of 70 “for-sale” townhomes.

As discussed in the Planning Commission staff report, dated October 28, 2025, (Attachment “2” – Planning Commission staff report, dated October 28, 2025) the Project will revitalize an underutilized parcel that is currently occupied by a vacant 60,000 square-foot (sq. ft.) office building by redeveloping it with 70 “for- sale” townhomes. The DSP encourages a range of housing opportunities including for-sale developments, in addition to rental projects. The Project is con sistent with the overall goals and visions of the 2012 General Plan and DSP in that it would contribute to the goal of constructing 5,275 units in the Downtown.

A more detailed analysis of the Project can be found in Attachment “2” of the City Council staff report.

ENVIRONMENTAL ANALYSIS
Pursuant to Section 15332 (In -Fill Development Project) of the California Environmental Quality Act (“CEQA”) Guidelines, the Project is categorically exempt from further environmental review in that the Project involves development of townhome “for-sale units” on a property that is less than five acres. The Project is consistent with the applicable general plan designation, and all applicable general plan policies as well as with applicable zoning designation and regulations as detailed in the analysis section above. The Project site has no value as habitat for endangered, rare or threatened species, and is considered “urban/developed” as denoted within the City of Escondido’s draft Subarea Plan, Figures 3 -1 through 3-

3. The Project can be adequately served by all required utilities and public services, as determined by the City’s Utilities Department through the Staff Development Committee review process. Based on the following technical memorandums: Traffic Scoping Agree ment (prepared by Linscott, Law & and Greenspan Engineers), Air Quality Assessment (prepared by Ldn Consulting Inc, dated April 3, 2025) , and Noise Assessment (prepared by Ldn Consulting, Inc, dated August 22, 2024), and Preliminary Stormwater 28 Item8.

Quality management (prepared by Fuscoe Engineering Inc, dated August 01, 2025), the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality in that the Project is an in-fill development Project located within an ur banized area of the City, and no substantial evidence has been provided indicating that the Project would have significant effects on the environment.

Furthermore, the Project does not trigger any of the exceptions to the use of an exemption as detailed in Section 15300.2 of the CEQA Guidelines . The application of this exemption is further discussed in the Notice of Exemption (Attachment “3” – Notice of Exemption). Approval of the Project includes the determination that the Project is exempt from further environmental review. If approved, City staff will file a Notice of Determination with the County Clerk of San Diego.

CONCLUSION AND RECOMMENDATION
The Project includes a Tentative Subdivision, Planned Development Permit (Master and Precise Plan), and Design Review Permit to facilitate the construction of 70 “for-sale” townhomes in the Downtown Specific Plan area. The Project would revitalize the site by demolishing a vacant office building, and introduce new housing opportunities in an urban area of the city. As discussed throughout the Planning Commission staff report, the Project complies with the requirements of the Escondido Zoning Code, Downtown Specific Plan, and with several General Plan policies included in the City’s 2012 General Plan.

Based on t he analysis contained in this staff report, the Planning Commission recommendation, and as presented by City staff during the public hearing, Planning staff recommend that the City Council adopt Ordinance No. 2025 -11 and Resolution No. 2025 -162, approving the Project, subject to the draft conditions of approval.

RESOLUTIONS
a) Resolution No. 2025-162
b) Resolution No. 2025-162 – Exhibit “A” – Legal Description c) Resolution No. 2025-162 – Exhibit “B” – Project Plans d) Resolution No. 2025-162 – Exhibit “C” – Findings of Fact/Factors to be Considered e) Resolution No. 2025-162 – Exhibit “D” – Conditions of Approval

ORDINANCES
a) Ordinance No. 2025-11
b) Ordinance No. 2025-11 – Exhibit “A” – Legal Description c) Ordinance No. 2025-11 – Exhibit “B” – Findings of Fact/Factors to be Considered d) Ordinance No. 2025-11 – Exhibit “C” – Project Plans
e) Ordinance No. 2025-11 – Exhibit “D” – Conditions of Approval

29 Item8.

ATTACHMENTS
a) Attachment “1” – Planning Commission Minutes, dated October 28, 2025 b) Attachment “2” – Planning Commissions staff report, dated October 28, 2025 c) Attachment “3” – Draft Notice of Exemption
30 Item8.

CITY of ESCONDIDO
P lanning Commission Minutes
October 28, 2025 at 7:00 PM
Mitchell Room: 201 North Broadway, Escondido, CA 92025

WELCOME TO YOUR COMMISSION MEETING
We welcome your interest and involvement in the legislative process of Escondido. This agenda includes information about topics coming before the Commission.

CHAIR
Stan Weiler

VICE CHAIR
Barry Speer

COMMISSIONERS
Marc Correll
Jeff Jester
Carrie Mecaro
Dustin Steeve
Corey Gustafson

MINUTES CLERK
Angel Estrada

HOW TO WATCH
The City of Escondido provides one way to watch the Planning Commission meeting:

In Person
201 N. Broadway, Escondido, CA 92025
Attachment "1"
31 Item8.

CITY of ESCONDIDO
Planning Commission Minutes

Tuesday, October 28, 2025

MINUTES
CALL TO ORDER: 7:00 p.m.

FLAG SALUTE: Chair Weiler.

ROLL CALL:

Commissioners Present: Stan Weiler, Chair; Barry Speer, Vice Chair; Carrie Mecaro, Commissioner; Jeff Jester, Commissioner; Dustin Steeve, Commissioner; Marc Correll, Commissioner; and Corey Gustafson, Commissioner.

Commissioner Absent: None.

City Staff Present: Dare DeLano, Assistant City Attorney; Leia Cabrera, Engineering Manager; Sally Schifman, Principal Planner; Ivan Flores, Principal Planner; and Angel Estrada, Minutes Clerk.

APPROVAL OF MINUTES:

1. O
ctober 14, 2025 Meeting Minutes.

Motion to approve meeting minutes.

Motion: Commissioner Correll; Second: Jester.

Motion carried (7-0) to approve the minutes.

Ayes: Weiler, Mecaro, Speer, Jester, Steeve, Gustafson, Correll.

Nays: None.

Abstain: None.

WRITTEN COMMUNICATIONS:

None.

ORAL COMMUNICATIONS:

None.

PUBLIC HEARINGS:

2. P L25- 0020/PL25-0021/PL25-0023/PL25-0024: WEST VALLEY PARKWAY 70-UNIT CONDIMINIUMS

REQUEST: Recommend to the City Council approval of a project within the Downtown Specific Plan (SPA9) General Plan land use designation, and Specific Plan (S-P) zone consisting of a Tentative Subdivision Map, Planned Development Permit (Master and Precise Plan), and Design Review Permit all to permit construction of 70 dwelling units (“Project”). The proposed Project includes a Tentative Subdivision Map to merge two lots into one, and to allow for the subdivision of air space for purposes of condominium units. A Planned Development Permit consisting of a Master and Precise Plan is required to allow for ground-floor residential units within the Downtown Specific Plan, and a Design Review Permit is Attachment "1"
32 Item8.

CITY of ESCONDIDO
Planning Commission Minutes

Tuesday, October 28, 2025

required for construction of the 70 dwelling units. The Project also includes ancillary on- and off-site improvements related to demolition of an existing 60,000 square-foot office building, off-street parking, landscaping, storm water management, and repairing any impacted existing curb and gutter caused by the Project, and a passive open space area.

APPLICANT: KB Homes.

CEQA RECOMMENDATION: Categorical Exemption – CEQA Guidelines Section 15332 (In-Fill Development Projects).

STAFF RECOMMENDATION: Recommend approval of the Project as conditioned.

PUBLIC COMMENT:

Gabriel Thelen expressed questions and concerns regarding the project, which he addressed in discussion with the Planning Commission, City staff, and project consultants.

COMMISSION DISCUSSION:

The Commission discussed various aspects of the project and asked questions of both the applicant and City staff. Topics included project design, construction standards, anticipated market demand, and potential impacts on traffic circulation and connectivity to the downtown area.

COMMISSION ACTION:

Motion to Approve Resolution No. 2025-09 as conditioned.

Motion: Commissioner Mecaro; Second: Commissioner Correll.

Motion Carried (7-0) to approve the resolution as conditioned.

Ayes: Weiler, Speer, Mecaro, Jester, Steeve, Correll, Gustafson.

Nays: None.

Abstain: None.

CURRENT BUSINESS:

None.

FUTURE AGENDA ITEMS:

None.

ORAL COMMUNICATIONS:

None.

Attachment "1"
33 Item8.

CITY of ESCONDIDO
Planning Commission Minutes

Tuesday, October 28, 2025

SELECTION OF CHAIR AND VICE-CHAIR:

None.

PLANNING COMMISSIONERS:

None.

CITY PLANNER'S REPORT:

Sally Schifman, Principal Planner, provided an update on three upcoming residential development projects expected to come before the Commission before the end of the year: The Maple, Park View Townhomes, and the Juniper Street Conversion Project. In addition, staff is preparing to present the Climate Action Plan and various housing implementation ordinances. Informational presentations on CEQA and the North County Mall entitlement history may also be scheduled.

ADJOURNMENT
Chair Weiler adjourned the meeting at 7:27 p.m.

___________________________________ _____________________________ Veronica Morones, City Planner Angel Estrada, Minutes Clerk Planning Commission
Attachment "1"
34 Item8.

STAFF REPORT
DATE: October 28, 2025
PL25-0020/PL25-0021/PL25-0023/PL25-0024
PROJECT NUMBER / NAME: PL25-0020/PL25-0021/PL25-0023/PL25-0024: WEST VALLEY PARKWAY 70-UNIT

CONDIMINIUMS
REQUEST: Recommend to the City Council approval of a project within the Downtown Specific Plan (SPA-9) General Plan land use designation, and Specific Plan (S -P) zone consisting of a Tentative Subdivision Map, Planned Development Permit (Master and Precise Plan), and Design Review Permit all to permit construction of 70 dwelling units (“Project”).

The proposed Project includes a Tentative Subdivision Map to merge two lots into one, and to allow for the subdivision of air space for purposes of condominium units. A Planned Development Permit consisting of a Master and Precise Plan is required to allow for ground-floor residential units within the Downtown Specific Plan, and a Design Review Permit is required for construction of the 70 dwelling units. The Project also i ncludes ancillary on - and off-site improvements related to demolition of an existing 60,000 square-foot office building, off-street parking, landscaping, storm water management, and repairing any impacted existing curb and gutter caused by the Project, and a passive open space area.

PROPERTY SIZE AND LOCATION: The 2.73-acre site is
located on the south side W. Valley Parkway, and is
bounded by N. Quince Street and W. Grand Avenue and is
addressed 613 W. Valley Parkway. (Assessor’s Parcel
Number(s): 232-100-20-00/232-100-21-00)
APPLICANT: KB Homes
GENERAL PLAN / ZONING: Downtown Specific Plan (SPA9)
/ Specific Plan Area (S-P)
PRIMARY REPRESENTATIVE: Troy Frederick (KB)
DISCRETIONARY ACTIONS REQUESTED: Planned Development Permit, Tentative Subdivision Map, 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 the City Council REQUESTED ACTION: Approve Planning Commission Resolution No. 2025-09 CITY COUNCIL HEARING REQUIRED: __X_YES ___NO
REPORT APPROVALS: X Dare DeLano, Assistant City Attorney 10 Item 2.

Attachment "2"
35 Item8.

X Veronica Morones, City Planner

BACKGROUND
The project site is located on the southside of West Valley Parkway, is bounded by north Quince Street to the east and Grand Avenue to the south, and is addressed at 613 W. Valley Parkway. The site is located within the Specific Planning Area 9 (Downtown Specific Plan) general plan land use designation, and is zoned Specific Plan (S -P) (Attachment 1 – Aerial, General Plan, and Zoning). The site is within the Gateway Transit land use district of the Downtown Specific Plan (DSP). The site is currently occupied by a vacant office building which will be demolished as part of the Project.

The project site is surrounded primarily by non-residential and some residential uses as detailed in Table 1.

Table 1: Surrounding land uses
General Plan/Zoning Land Use
North SPA 9 (Downtown Specific Plan)/
Specific Plan (S-P)
North County Transit Terminal
East SPA 9 (Downtown Specific Plan)/
Specific Plan (S-P)
Commercial Bank
South SPA 9 (Downtown Specific Plan)/
Specific Plan (S-P)
Pet supply/animal feed store
West SPA 9 (Downtown Specific Plan)/
Specific Plan (S-P)
Multi-family residential

SUMMARY OF REQUEST
On January 17, 2025, Troy Frederick, representing KB Homes (“Applicant”), submitted a Planned Development Permit (Master and Precise Plan), Tentative Subdivision Map, and Design Review Permit for construction of a three- story 70-unit “for-sale” townhome project (Attachment 2 – Site Plan). 11 Item 2.

Attachment "2"
36 Item8.

Pursuant to the DSP , the Project site is
located within the Gateway Transit land use
district of the DSP, which establishes the
allowed uses for the district, including the
project site. As denoted in the DSP (Figure 1
– Locations for Residential Land Uses) ,
ground-floor residential is permitted with a
Planned Development Permit pursuant to
Article 19 (Planned Developments) of the
Escondido Zoning Code. The Project site is
also located within the Mercado design
overlay area which encourages colors,
architecture, landscaping, an d materials in
an “early California” theme.

On March 3, 2025, planning staff conducted
design review , and recommended the
inclusion of early California elements
identified in the DSP for the design overlay area. The
Applicant revised the architectural elevations to include the use of brick veneer material, decorative shutters, corbels, and gable accent, as well as change the concrete roof tiles to that of concrete “S” tiles . Additionally, the Applicant revised the color scheme to include white as the dominant color for the building instead of previously identified shades of black, gray, and brown. All Applicant revisions align with early California/Mission style architectural design, consistent with the Mercado District’s design guidelines within the DSP.

The Project includes a Planned Development Permit to allow ground -floor residential uses where non-residential use would be required by the DSP (refer to Figure II-4 in the DSP). A Design Review Permit is required for projects that include new construction of buildings pursuant to Article 64, Section 33-1354. A Tentative Subdivision Map is required to merge the two existing lots into one and allow for individual ownership of the townhome units pursuant to Article 49 and Chapter 32 (Subdivisions). Article 19, Section 33-409 requires City Council approval of new Planned Development Permit requests which establish a Master Plan.

Article 1, Section 33-16(c) stipulates that the concurrent processing of applications shall be reviewed by the highest decision-making body. Therefore, the project is subject to final decision by the City Council and the Planning Commission’s action is to make a recommendation to the City Council.

SUPPLEMENTAL DETAILS OF REQUEST
Standard

1. Property Size: 2.73 acres gross/net

2. Number of Units: 70 units
Minimum/Maximum Required Proposed
Project Site
Figure 1 – Location for Residential Land Uses
12 Item 2.

Attachment "2"
37 Item8.

3. Unit Size*: 600 square-feet (sq. ft.) - studio
700 sq. ft. - 1-bedroom
800 sq. ft. - 2-bedroom
1,000 sq. ft. - 3-bedroom
150 sq. ft. for any additional
bedrooms
1,325 sq. ft. – 1,335 sq. ft. - 2-
bedrooms
1,697 sq. ft. - 3-bedrooms
1,775 sq. ft. - 4-bedrooms

4. Density: 100 du/ac max. 25.63 du/ac

5. Lot Coverage/Floor Are Ratio: None/None 43%

6. Building Height 5 stories/75’-0” in height max. 3 stories/36’-0”

7. Motor Vehicle Parking: 153 parking spaces min. 158 parking spaces

8. Bicycle Parking: N/A 6

9. Setbacks:
a. Front Yard: 14’-0” from curb or at right -of-
way (ROW)
14’-0” from curb
b. Rear Yard: None 6’-0”
c. Side Yard: 14’-0” from curb or at right -of-
way (ROW)
14’-0” from curb

10. Open Space / Landscaping: 21,000 sq. ft. 23,176 sq. ft. (4,246 sq. ft. [private decks] + 2,080 sq. ft. [private patios]
+ 16,850 sq. ft. [common open
space])

11. Trees: 70 (1 per unit) 100 trees

12. Signage: None proposed To be reviewed at building permit submittal

13. Trash: Trash Enclosure/Bins Bins within garages

14. Lighting: To be determined ; required
compliance with Article 35
(Outdoor Lighting)
To be reviewed at building permit
submittal

15. Heating and Ventilation: To be screened Screened
13 Item 2.

Attachment "2"
38 Item8.

16. Private Storage* 80 cubic feet 80 cubic feet is provided in each garage

17. Washer and Dryer* Hook ups in each unit Provided in the garages *Article 49 requires minimum square-footages based on the number of bedrooms, private storage, and washer and dryers.

PROJECT ANALYSIS

1. General Plan Conformance:
a. 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 Gover nment Code section 65584. During the current 6th Cycle planning period, the City must accommodate a total of 9,607 housing units. The Housing Element identified a total housing capacity of 12,445 units, of which 9,463 were listed on the City’s Suitable Sites Inventory.

No Net Loss Law (Government Code section 65863) ensures development opportunities remain available throughout the planning period to accommodate a jurisdiction’s Regional Housing Needs Allocation (“RHNA”), especially for lower - and modera te-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 residenti al density or is approved at a lower residential density than shown in the Housing Element. (Gov’t Code § 65863(b)).

The Project sites are listed within the Suitable Sites Inventory, and forecasted to provide 107 very- low and low, and 60 above-moderate income units. The Project would be approved at a lower density than shown in the Housing Element ( Gov’t Code § 65863(b)) . Therefore, provisions of No Net Loss Law apply to the project.

Nonetheless, the remaining sites in the Housing Element inventory are a dequate to meet the requirements of Section 65583.2 and to accommodate the RHNA pursuant to Section 65584, based on the following:

Income Levels:

Very-low &
Low Moderate
Above
Moderate
14 Item 2.

Attachment "2"
39 Item8.

Suitable Sites Inventory Units CityWide
(i.e., capacity identified CityWide) 4,557* 1,467 3,439 Suitable Sites Inventory Units removed from
capacity 56 247 40 289
Impacted by Project 0 107 0 60
Remaining Sites Inventory Capacity with Proposed
Development +/(-) 4,206 1,427 3,090
*Low-income units were included in the Very-low capacity.

As of October 2025, the City has 1,792 low-/moderate-/above-moderate income units either constructed, approved, or projected, with a remaining RHNA need of 7,815 units (1,669 Very Low/1,072 Low/1,470 Moderate/3,604 Above Moderate).

If the Project is approved, the remaining need will be reduced to 7,745 units (1,669 Very Low/1,072 Low/1,470 Moderate/3,534 Above Moderate). The Project would utilize two parcels on the Suitable Sites Inventory removing capacity of 107 low income and 60 a bove-moderate; nonetheless, the Housing Element Sites Inventory would still have a capacity for 8,720 housing units, which represents a 18% capacity buffer. Further information is provided in Exhibit “C” of Attachment 4 of this staff report. Therefore, the City would continue to comply with the provisions of No Net Loss with approval of the project, as proposed , and the project would be consistent with the City’s Housing Element.
b. Land Use and Community Form
Community Character Policy 1.1: New development should serve to reinforce the city’s present development pattern of higher -intensity development within the downtown area and lower - intensity development in outlying areas. As a guide toward accomplishing this objective, new development projects shall be a t an appropriate density or clustered intensity based upon their compatibility with the majority of the existing surrounding land uses. This policy shall limit density transfers from constrained portions of a property as defined in the land use and open space goals.

The Project entails a development in the downtown area that is consistent with the development policies outlined in the DSP in that the Project should complies with standards outlined for development in the downtown area. The Project is conditioned to participate in the density transfer pool to ensure that the overall buildout of the Downtown area can be achieved; furthermore, it would allow constrained properties to be built out to achieve the vision of the DSP by allowing the transfer of densities to underutilized parcels.

Community Character Policy 1.3: Focus development into areas where land use changes achieve the community’s long term goals. Facilitate development that is consistent with the build out vision 15 Item 2.

Attachment "2"
40 Item8.
for each area through in centive programs and efficient administrative and discretionary approval processes for plot plans, Planned Developments, Area Plans, Specific Plans, and Zoning Overlays.

The Project includes a Planned Development Permit to allow for ground -floor residential uses in this area of the DSP. The Project will be consistent with the build out vision of the DSP, which entails smart growth policies (see Sec. III(A)(1) of the DSP), in that it encourages additional housing opportunities for people to live in the downtown area by providing 70 new for -sale units across from the North County Transit District ’s transit station which encourages individual s to use alternative modes of transportation.

Community Character Policy 1.8 : Require development projects to locate and design buildings, construct energy and water efficient infrastructure, reduce greenhouse gas emissions, enhance community livability and economic vitality, and implement other practices contributing to sustainable resources.

The Project is required to demonstrate consistency with the Climate Action Plan. In order to accomplish this, the Project will incorporate various applicable measures to reduce greenhouse gas emissions. The Project has been conditioned to ensur e compliance with the Climate Act ion Plan consistency checklist.

Community Character Policy 1.9: Promote development in downtown, at transit stations, and other key districts to accommodate a mix of land uses and configure uses to promote walkability, bicycling, and transit uses, reducing the need for the automobile.

The Project is directly across from the North County Transit District’s transit station, and is within walking distance (< 0.5 miles) from the core of the downtown area. Additionally, the Project is located adjacent to commercial developments to the south that lie on the periphery of t he downtown area encouraging the patronizing of surrounding businesses.

Therefore, the proposed Project is consistent with the City’s 2012 General Plan.

2. Specific Plan Conformance:

The Project site is located within Gateway Transit (GT) land use district of the DSP which permits ground- floor residential units, subject to a Planned Development Permit, in accordance with Article 19 of the EZC.

Additionally, the permitted density on-site is 100 dwelling units per acre (du/ac). The Applicant proposes 70 dwelling units, which equates to approximately 25.63 du/acre, and is consistent with the maximum permitted density. The specific plan does not include a minimum density for the Project site. As detailed in the “supplemental details of request” section of the staff report, the Project complies with all development standards within the DSP, and conforms to the requirements of the Specific Plan.

The DSP established a Density Transfer Program, which requires a deed restriction on subject properties when density is forgone as a result of a proposed project. The proposed Project would not build out at the maximum permitted density (25.63 du/ac where 100 du/ac is permitted). The Density Transfer Program ensures the DSP’s planned for buildout of 5,275 units is achieved by capturing unused units on sites identified for residential development. Therefore, draft condition of approval no. E.2 requires participation
16 Item 2.

Attachment "2"
41 Item8.
in the Density Transfer Program which would capture those unused units and place them into the existing DSP Credit Pool, for access at a future time within the DSP area. Compliance with the Density Transfer Program ensures overall buildout of the Downtown Specific Plan is achieved and no residential units are lost over time, as envisioned by the DSP.

3. Climate Action Plan Consistency:

The Applicant prepared a Climate Action Plan (CAP) Consistency Checklist because the proposed Project exceeds the CAP’s identified threshold established for multi -family housing units of 55 units. If a Project exceeds the screening thresholds established by the CAP, then an applicant can demonstrate consistency with the CAP by incorporating applicable Greenhouse Gas Emission (GHG) reduction measures outlined in the CAP checklist. The Applicant’s CAP Consistency Checklist identifies the applicable GHG reduction measures, and all applicable measures are incorporated within the draft conditions of approval (see conditions of approval E.1.a – E.1.d in Attachment 4).

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

The Project site is relatively flat, and has an average elevation of 645’-0” across the site. The finished floors for the buildings range from 645’-0” to 649’-0” indicating very minor changes to the topography of the site.

The Project does not include retaining walls, or fencing along th e frontage; however, an existing fence on the westerly property line will remain , and the private areas will have 42” high tubular steel fencing . b. Project Access and Circulation:

The Project site currently takes access from W. Valley Parkway and Grand Avenue via four driveways, and the proposed Project would eliminate two of the existing four . One driveway would be removed on each referenced streets, and access would be provided to the site via the remaining two driveways (one on Grand and one on Valley).
c. Building Orientation:

The buildings orient toward a central courtyard, with several of the building entrances proposed along the Project’s frontage. As encouraged by the DSP’s, “Building Orientation Policy”, the buildings orient toward the street thereby establishing a strong connection with the public realm by providing direct access to the sidewalk and by not being setback from the street. The buildings along Valley Parkway, Quince, and Grand Avenue, include balconies overlooking the public right -of-way which provide a pedestrian scale environment that is encouraged by the DSP.
d. Open Space and Landscaping
The DSP requires new developments to provide 300 square -feet (sq. ft.) of open space per dwelling unit .

Based on this requirement, the Project requires 21,000 sq. ft. of open space (70 dwelling units x 300 sq. ft).

The DSP allows for open space requirement s to be met through private patios/decks that are directly accessible from the unit and 5’-0” in all direction, and/or through common open space areas that are 10’-0 17 Item 2.

Attachment "2"
42 Item8.
in all directions. The proposed Project meets the requirement for open space through a combination of private area s and common areas, and would provide a total of 23,176 sq. ft of open space area. For additional detailed information, refer to the “Supplemental Details of Request” section of this report.

The DSP refers to Article 62 (Water Efficient Landscape Regulations) of the Escondido Zoning Code for landscaping requirements which include required number of street trees, and a requirement for one tree per dwelling unit. The Project requires 70 trees on-site and would provide approximately 100 trees , as shown in the project plans under Attachment 3 (refer to conceptual landscaping plan sheet). Additionally, the Applicant proposed off-site improvements immediately adjacent the Project site which include a walkable path, and various other landscape features such as benches, and landscaping. Such additional amenity area aligns with the smart growth policies identified within the DSP, which include enhanced street level designs that creating inviting places for pedestrians by providing features that are visually interesting and human in scale, including seating and landscaping (Sec. III(A)(1)(a) of the DSP). e. Parking:

The DSP requires off-street parking based on the number of bedrooms in each unit. Pursuant to the DSP, a two-bedroom unit is required to provide 1.75 off-street parking spaces, and three- and four-bedroom units are required to provide 2.0 off-street parking spaces. Additional guest off street parking spaces are required at a ratio of 0.25 per unit. The Project requires a total of 153 off -street parking spaces, which includes 18 guest spaces. The Project would provide 140 off -street parking spaces within garages, a nd 18 off -street parking spaces, uncovered, for a total of 158 total parking stalls (5 in excess of what is required under the DSP).

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

The building height is consistent with the requirements of the DSP in that the proposed Project does not exceed the 75’ -0” (5 stories) maximum height limit. The Project includes buildings designed at approximately 36’-0” (3 stories) in height. The scale and massing of the proposed buildings is consistent with surrounding existing developments such as the residential development located directly west of the site, and developments under construction such as the residential development located across Quince, on the corner of Grand Avenue and Qu ine Street. Therefore, the proposed massing, scale, and height of the Project would not be out of character with development in the downtown area. b. Residential Floor Plans:

The Applicant proposes to offer a variety of floor plans consisting of two-, three-, and four-bedrooms, with up to four different floor plan options. Requirements of residential floor plans pursuant to the EZC and DSP include the need for 80 cubic feet of storage area, as well as washer and dryer hook ups. Each floor plan shows the required amount of storage for each unit (80 cubic feet within the garage area ), which will not impede on the required space for each vehicle (i.e., the storage space does not conflict with required parking area). The proposed floor plans include washer and dryer hook ups in the garages. c. Building Materials:
18 Item 2.

Attachment "2"
43 Item8.

The Project is located in the Mercado Overlay design area of the Downtown Specific Plan which encourages architecture in an “early California” theme. The Project includes a mix of smooth light stucco and brick veneer for the exterior, and various decorative elements including but not limited to decorative shutters, corbels, and gable accents, all of which are consistent with the “early California” theme.

FISCAL ANALYSIS
The Applicant paid all fees required for the processing of the various applications. The Applicant will be responsible for payment of Development Impact Fees at time of building permit issuance.

ENVIRONMENTIAL ANALYSIS
Pursuant to Section 15332 (In-Fill Development Project) of the California Environmental Quality Act (CEQA) Guidelines, the Project is categorically exempt from further environmental review in that the Project involves development of townhome “for-sale units” on a property that is less than five-acres. The Project is consistent with the applicable general plan designation, and all applicable general plan policies as well as with applicable zoning designation and regulations as detailed in the analysis section above. The Project site has no value as habitat for endangered, rare or threatened species, and is considered “urban/developed” as denoted within the City of Escondido s draft Subarea Plan, Figures 3-1 through 3-3. The Project can be adequately served by all required utilities and public services, as determined by the City’s Utilities Department through the Staff Development Committee review process. Based on the following technical memorandums: Traffic Scoping Agreement (prepared by Linscott, Law & and Greenspan Engineers), Air Quality Assessment (prepared by Ldn Consulting Inc, dated April 3, 2025), Noise Assessment (prepared by Ldn Consulting, Inc, dated August 22, 2024), and Preliminary Stormwater Quality management (prepared by Fuscoe Engineering Inc, dated August 01, 2025), the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality in that the Project is an in- fill development Project located within an urbanized area of the City, and no substantial evidence has been provided indicating that the Project would have significant effects on the environment.

Furthermore, the Project does not trigger any of the exceptions to the use of an exemption as detailed in Section 15300.2. The application of this exemption is further discussed in the Notice of Exemption (Attachment 3 – Notice of Exemption).

PUBLIC INPUT
As required by Section 33-1300 of Article 61 (Administration and Enforcement) in the Escondido Zoning Code, the public hearing for the Project was noticed in the Times -Advocate on October 16, 2025, and notices mailed on October 13, 2025 to approximately 56 properties within a 500-foot radius of the Project site.

As of the date of publication of this staff report, City staff has not received any public comments , and 17 mailers were returned to the City.

CONCLUSION AND RECOMMENDATION
The Project includes a Tentative Subdivision, Planned Development Permit, and Design Review Permit to facilitate the construction of 70 “for-sale” dwelling units in the Downtown Specific Plan area. The Project would revitalize the site by demolishing a vacant office building, and introduce new housing opportunities in an urban area of the city. 19 Item 2.

Attachment "2"
44 Item8.

As discussed throughout this staff report, the Project complies with the requirements of the Escondido Zoning Code, Downtown Specific Plan, and with several General Plan policies included in the City’s 2012 General Plan.

Based on the analysis contained in this staff report, and as presented by City staff during the public hearing, Planning staff recommend that the Planning Commission adopt Resolution No. 2025 -09 recommending approval of the Project to the City Council, subject to the draft conditions of approval.

Motion as recommended by City staff: Adopt Resolution No. 2025-09 recommending that the City Council approve the Project, as conditioned.

ATTACHMENTS

1. Location, General Plan Map, and Zoning

2. Site Plan

3. Draft Notice of Exemption

4. Draft Planning Commission Resolution No. 2025-09 including Exhibits “A” – “D” Exhibit “A” – Legal Description
Exhibit “B” – Project Plan Set
Exhibit “C” – Findings of Fact/Factors to Be Considered Exhibit “D” – Conditions of Approval
20 Item 2.

Attachment "2"
45 Item8.

Attachment 1
Aerial, General Plan, and Zoning
PL25-0020/PL25-0021/PL25-0023/PL25-0024
21 Item 2.

Attachment "2"
46 Item8.
22 Item 2.

Attachment "2"
47 Item8.
23 Item 2.

Attachment "2"
48 Item8.

Attachment “3”
Updated: 6/17/2021

CITY OF ESCONDIDO

PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4671

Notice of Exemption

To: Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Hwy, Room 260
San Diego, CA 92101
MS: A-33

From: City of Escondido
Planning Division
201 North Broadway
Escondido, CA 92025

Project Title/Case No: PL25-0020/PL25-0021/PL25-0023/PL25-0024 – West Valley Parkway 70-unit Condominiums

Project Location - Specific: The 2.73-acre site is located on the south side W . Valley Parkway, and is bounded by N. Quince Street and W. Grand Avenue and is addressed 613 W . Valley Parkway. (Assessor’s Parcel Number(s):
232-100-20-00 and 232-100-21-00)

Project Location - City: Escondido Project Location - County: San Diego

Description of Project : Approval of a project within the Downtown Specific Plan (SPA -9) General Plan land use designation, and Specific Plan (S -P) zone consisting of a Tentative Subdivision Map, Planned Development Permit (Master and Precise Plan), and Design Review Permit all to permit construction of 70 dwelling units (“Project”). The proposed Project includes a Tentative Subdivision Map to merge two lots into one, and to allow for the subdivision of air space for purposes of condominium units. A Planned Development Permit consisting of a Master and Precise Plan is required to allow for ground -floor residential units within the Downtown Specific Plan, and a De sign Review Permit is required for construction of the 70 dwelling units. The Project also includes ancillary on - and off -site improvements related to demolition of an existing 60,000 sq. ft. office building, off-street parking, landscaping, storm water management, and repairing any impacted existing curb and gutter caused by the Project, and a passive open space area.

Name of Public Agency Approving Project: City of Escondido

Name of Person or Agency Carrying Out Project:

Name: Troy Frederick (KB Homes)

Address: 9915 Mira Mesa Blvd. San Diego, CA 92131 Telephone: 760-652-9995

Private entity School district Local public Agency State agency Other special district

Exempt Status: The Project is categorically exempt pursuant to CEQA Guidelines section 15332 (In-Fill Development Projects).

Reasons why project is exempt: The Project is exempt under this exemption in that the proposed Project complies with the criteria necessary to be exempt from further environmental review as detailed below:

Exemption Criteria: Justification
(a) The project is consistent
with the applicable general
plan designation and all
applicable general plan
policies as well as with
The Project site has a General Plan land use designation of SPA 9 and is zoned S-P. Within the Downtown Specific Plan, the Project site is within the Gateway Transit District, which is identified for high-density mixed-use development. The Downtown Specific Plan designates the site for residential development with up to 100 dwelling units per acre (du/ac). The Project would provide 70 multi-family units on a 2.73-acre site, which results in a density of 25.6 du/ac, and would be 49 Item8.
applicable zoning designation
and regulations.

consistent with the General Plan l and use designation and density for the site.

The Project complies with all development standards identified within the Specific Plan. The governing Specific Plan and Escondido Zoning Code allow for ground-floor residential development on the Project site through approval of a Planned Development Permit. The Project does not propose to amend the General Plan designation or zoning for the Project site, and the Project would be consistent with the General Plan and zoning designations. Therefore, the Project, as currently proposed, is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, as discussed in the Planning Commission staff report dated October 28, 2025, and thereby meets criterion a.

(b) The proposed development
occurs within city limits on a
project site of no more than
five acres substantially
surrounded by urban uses.

The Project site entails 2.73 acres located within the city limits of the incorporated City of Escondido. Urban uses are defined under PRC Section 21072 as including “any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.” The Project site is adjacent to, or separated by, only a public right -of-way from adjacent urban uses on its north, east, and south boundaries . Urban land uses surrounding the Project site include the Escondido Transit Center to the north; commercial and retail uses to th e east; retail and industrial uses to the south; and multi-family residential to the west. Therefore, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, and thereby meets criterion b.

(c) The project site has no
value, as habitat for
endangered, rare or
threatened species.

The Project site’s existing condition is entirely developed with a building, paved areas, and ornamental landscaping. Landscaping on the Project site consists of low-lying shrubs and approximately 30 trees, which do not provide habitat suitable for endangered, rare, or threatened species. The Project is surrounded by urban development and does not serve as a wildlife corridor. According to the City’s draft Subarea Plan, Figures 3 -1 through 3 -3, the site is deemed urban/developed and the Project site has no value as habitat for endangered, rare, or threatened species, and thereby meets criterion c.

(d) Approval of the project
would not result in any
significant effects relating to
traffic, noise, air quality, or
water quality.

An initial assessment of impacts related to traffic, noise, air quality, and water quality has been prepared to evaluate the potential effects of the Project. Based on supporting sources and Project-specific studies, the Project, as currently proposed, is not anticipated to result in significant effects related to traffic, noise, air quality, or water quality, thereby meeting criterion d.

(e) The site can be adequately
served by all required utilities
and public services.

The Project is proposed for a site where development has previously been served by public utilities and services. Therefore, connections to existing water, wastewater, stormwater, electric, a nd telecommunications services exist at the Project site. The Project is not anticipated to require increased capacities for water or sewage service, as determined by the City’s Utilities Department during the Staff Development Committee (SDC) review process.

Stormwater treatment would be provided on -site in bioretention basins and proprietary biofiltration vaults. No substantial increase in the amount of impervious area on-site would occur and the amount and locations of stormwater runoff would be consist ent with the existing condition , as described in the draft Preliminary Storm Water Quality Management Plan (dated September 2025) .

Existing electric and telecommunication connections at the Project site serve the existing office building and infrastructure providing these utilities would be adequate to serve the Project. The construction of residential units on the Project site would result in an incremental increase in the demand for public services, including fire protection, police protection, schools, p arks, and other public facilities. As the Project is consistent with General Plan, and therefore the population projections for the City, the increased demand for these facilities is anticipated by the City and would be accommodated by the City through payment 50 Item8.

Attachment “3”
Updated: 6/17/2021
of development impact fees. Connections to existing utilities and existing public services would adequately serve the Project site and the Project would not require new utilities or services to be provided by the City or other public utility agency. Therefore, the Project would meet criterion e.

Furthermore, the Project does not trigger any of the exceptions that disqualify the use of an exemption pursuant to CEQA Guidelines Section 15300.2:

Exceptions to an Exemption
Criteria
Justification
(a) Location. Classes 3, 4, 5,
6, and 11 are qualified by
consideration of where the
project is to be located – a
project that is ordinarily
insignificant in its impact on
the environment may in a
particularly sensitive
environment be significant.

Therefore, these classes are
considered to apply all
instances, except where the
project may impact on an
environmental resource of
hazardous or critical concern
where designated, precisely
mapped, and officially adopted
pursuant to law by federal,
state, or local agencies.

The Project is not pursuing a Class 3, 4, 5, 6, or 11 C ategorical Exemption; therefore, this exception is not applicable to the Project.

(b) Cumulative Impact. All
exemptions for these classes
are inapplicable when the
cumulative impact of
successive projects of the
same type in the same place,
over time is significant.

No individually significant impacts would result from the proposed Project.

Therefore, no cumulatively considerable impacts related to traffic, noise, air quality, or water quality are anticipated to occur. As the Project is within the City’s Downtown area and in close proximity to transit, increased density of successive mixed-use Projects in this area would be anticipated to reduce VMT and associated impacts related to air quality and greenhouse gas emissions.

Additionally as detailed in Section 15064.3 of the CEQA Guidelines projects within a .5 mile of an existing major transit stop are presumed to cause a less than significant transportation impact. No cumulative impacts are expected to result from the Project and successive projects of the same type in the same place over time. Therefore, this exception does not apply , and the Project is potentially eligible for a Categorical Exemption.

(c) Significant Effect. A
categorical exemption shall not
be used for an activity where
there is a reasonable
possibility that the activity will
have a significant effect on the
environment due to unusual
circumstances.

As detailed in the analysis above, no significant environmental effects related to traffic, noise, air quality, or water quality would occur as a result of Project implementation. The Project is consistent with the zoning and land use designations for the site and would replace an existing office building with multi- family housing, which is more consistent with the City’s vision for the Project vicinity as a high -density urban center. The Project site is developed within an urban area under existing conditions and is not known to contain un ique resources. There are no other unusual circumstances of the Project site or unusual activities proposed by the Project that would result in significant environmental effects. Therefore, this exception would not apply, and the Project is potentially eligible for a Categorical Exemption.
51 Item8.

(d) Scenic Highways. A
categorical exemption shall not
be used for a project which
may result in damage to
scenic resources, including but
not limited to, trees, historic
buildings, rock outcroppings,
or similar resources, within a
highway officially designated
as a state scenic highway.

This does not apply to
improvements which are
required as mitigation by an
adopted negative declaration
or certified EIR.

The Project site is not located along a designated state sceni c highway, nor would the project damage scenic resources such as trees, historic buildings, rock outcroppings, or similar resources within a highway officially designated as a state scenic highway. The closest officially designated state scenic highway is the portion of SR 52 approximately 18 miles south of the project site (California Department of Transportation 2024). Therefore, this exception would not apply, and the Project is potentially eligible for a Categorical Exemption.

(e) Hazardous Waste Sites. A
categorical exemption shall not
be used for a project located
on a site which is included on
any list compiled pursuant to
Section 65962.5 of the
Government Code.

A Phase I Environmental Site Assessment Report was prepared for the project by Petra Geosciences, Inc. (2024). The Phase I Environmental Site Assessment included a records search of government environmental regulatory databases and did not identify the Project site as being on a list compiled pursuant to Section 65962.5 of the Government Co de. Updated searches of the EnviroStor and GeoTracker databases compiled pursuant to Section 65962.5 of the Government Code did not reveal any new hazardous materials cases on the project site (Department of Toxic Substances Control 2024; State Water Resources Control Board 2024). As the Project site is not contained on the lists compiled pursuant to Section 65962.5 of the Government Code, this exception does not apply and the Project is potentially eligible for a Categorical Exemption.

(f) Historical Resources. A
categorical exemption shall not
be used for a project which
may cause a substantial
adverse change in the
significance of a historical
resource.

The existing on-site office building was constructed in 1984 and is not listed in the National Register of Historic Places or the California Register of Historical Resources. Because the building is less than 50 years old, it is presumed not to be of age t o be considered a historic resource under CEQA. As such, this exception does not apply and the Project is potentially eligible for a C ategorical Exemption.

Lead Agency Contact Person: Ivan Flores, Principal Planner Area Code/Telephone/Extension: 760-839-4529

Signature:

Ivan Flores, AICP Date
Principal Planner

Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant

52 Item8.

RESOLUTION NO. 2025-162

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A TENTATIVE

SUBDIVISION MAP/CONDOMINIUM PERMIT, AND
DESIGN REVIEW PERMIT FOR CONSTRUCTION OF A 70

UNIT PROJECT

WHEREAS, KB Homes, represented by Troy Frederick (“Applicant”), filed a land use development application, Planning Case Nos. PL25-0020/PL25-0021/PL25-0023/PL25-0024, (“Application”) constituting a request for a Tentative Subdivision Map to merge two (2) existing lots into one (1) and to pe rmit condominium units; a Planned Development Permit (Master and Precise Plan) to permit ground -floor residential units in the Downtown Specific Plan; and a Design Review Permit for construction of seventy (70) for-sale dwelling units (“Project”) on a 2.73 gross acre site located at 613 W. Valley Parkway (APNs:
232-100-20-00 and 232 -100-21-00), in the Downtown Specific Plan Area (SPA -9) general plan land use designation, and Specific Plan (S-P) zone; 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
WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and
53 Item8.

WHEREAS, on December 10 , 2025, in furtherance of the Project, the City Council adopted Ordinance No. 2025 -11, approving a Planned Development Permit (Master and Precise Plans) to allow ground-floor residential uses on the Project site; and
WHEREAS, a Tentative Subdivision Map, and condominium units, are permitted by the California Subdivision Map Act, Chapter 32 (Subdivision Ordinance), and Article 49 (Air Space Condominium and Community Apartment Projects) of the Escondido Zoning Code; and WHEREAS, pursuant to Article 49 (Air Space Condominium and Community Apartment Projects), condominiums requested concurrently with a planned development application pursuant to Article 19, are not subject to the processing of a Condominium Permit through Article 49; and WHEREAS, a Design Review Permit is required by Article 64 (Design Review) for planned development projects, and new construction subject to discretionary review by the Planning Commission and/or City Council; and
WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and hereby recommends approval of the Project as depicted on the plan set shown in Exhibit "B," which is attach ed hereto and made a part hereof by this reference as though fully set forth herein; and
WHEREAS, the Planning Commission of the City of Escondido held a duly noticed public hearing on October 28, 2025, as prescribed by law, at which time the Planning Comm ission received and considered the reports and recommendation of the Planning Division and gave 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 54 Item8.
staff, interested parties, and the public. Following the public hearing, the Planning Commission adopted Resolution No. 2025-09, which recommended that the City Council approve the Project; and WHEREAS, the City Council of the City of Escondido held a duly noticed public hearing on December 10, 2025, as prescribed by law, at which time the City Council received and considered the staff report, dated December 10, 2025 with attachments, and recommendations of the Planning Division and Planning Commission, and gave all person’s full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the City Council, including, without limitation:
a. Written information including plans, studies, written and graphical information, and other material, submitted by the Applicant;
b. Oral testimony from City staff, interested parties, and the public; c. The City Council staff report, dated December 10, 2025 with its attachments as well as City staff’s recommendation on the Project, which is incorporated herein as though fully set forth herein; d. The Planning Commission’s recommendation; and
e. Additional information submitted during the public hearing; 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 deci sion 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:

1. That the above recitations are true.
55 Item8.

2. That the City Council has reviewed the Notice of Exemption prepared for the Project, which is attached to the City Council staff report, dated December 10, 2025. The City Council, in its independent judgement, ha s determined the Project to be exempt from environmental review pursuant to CEQA Guidelines section 15332 (In -Fill Development Projects) in that the Project is consistent with the general plan and specific plan policies and regulations; the Project site is less than 5 acres; the Project site has no value as habitat for endangered species; approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the Property can be adequately served by all required utilities and public services.

3. That the Factors to be Considered/Findings of Facts, 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 Exhibits “D.” 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. The Project is conditionally approved as set forth on the Application and Project drawings, and which shall not be altered without the express authorization by the Planning Division. Any deviations from the approved development plans shall be reviewed by the City for substantial compliance an d may require amendment by the appropriate hearing body.
56 Item8.

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 December 10, 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 law.

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 both the Development Services and Public Works Departments. The Applicant shall be required to pay all development fees of the City then in effect at the time and in such amounts as may prevail when build ing 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 mann er that complies with Government Code section 66020.
57 Item8.

Resolution No. 2025-162
Exhibit “A”

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Exhibit “A”
Legal Descriptions

58 Item8.

Resolution No. 2025-162
Exhibit B”

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Exhibit “B”
Project Plan Set

The architectural drawings are copy-right protected. Please contact the case planner at [email protected] or via phone at (760) 839-4529 for further information.

59 Item8.

Resolution No. 2025-162
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EXHIBIT “C”

PLANNING CASE NOS. PL25-0020/PL25-0021/PL25-0023/PL25-0024

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
TENTATIVE MAP DETERMINATIONS (PL25-0023)
(Subdivision Map Act and Chapter 32 of the Escondido Municipal Code) With respect to the Tentative Subdivision Map Permit, the City Council determines that none of the findings (a) through (g) below and in Section 66474 of the California Government Code , which require a city to deny approval of a Tentative Subdivision Map , apply to this Project for the reasons stated as follows:

1. That the proposed map is consistent with the applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act.

The proposed map is consistent with the General Plan as it is within the Specific Planning Area (SPA 9:

Downtown Specific Plan) general plan land use designation, and the request does not include a general plan amendment. As discussed in the Planning Commission staff report dated, October 28, 2025, the Project complies with the overall goals and vision of the Downtown Specific Plan (DSP) in that it will revitalize an underutilized site (i.e., demolition of a vacant building), and introduce housing in an urban area of the City. The Project site is located within a Specific Plan (S-P) zone, otherwise known as the DSP, and is consistent with the applicable development standards including, but not limited to densities, setbacks, open space requirements, etc.

2. That the design or improvement of the proposed subdivision is consistent with the applicable general and specific plans.

The design and improvements of the proposed subdivision have been conditioned to comply with the applicable general and specific plan requirements. The Project site’s private street improvements are required to conform to the City’s engineering standards; additionally, the applicant shall be required to replace existing off-site improvements (e.g., curb and cutter on West Valley Parkway and Quince Street) if damaged by the Project. All other public improvements and requirements for street-widening are already completed.

3. The Project site is physically suitable for the proposed type of Project.

The Project site is approximately 2.73-acres and has a maximum permitted density of 100 dwelling units per acre, which would yield approximately 273 dwelling units. The Project includes construction of 70 “for-sale” townhomes, far below the maximum allowable density established by the DSP; additionally, the Project does not require deviations from the building setback requirements, and is thus physically suitable for the proposed type of Project. Additionally, the type of the Project is a housing project located within the City’s urban core, and is adjacent to the North County Transit District terminal which encourages alternative modes of transportation.

4. That the site is physically suitable for the proposed density of development. 60 Item8.

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The Project site is approximately 2.73-acres and has a maximum permitted density of 100 dwelling units per acre which would yield approximately 273 dwelling units. The Project includes construction of 70 “for-sale” townhomes, far below the maximum allowable density established by the DSP, and is suitable for the proposed density of the Project.

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.

As detailed in the draft Notice of Exemption, attached to the Planning Commission staff report, dated October 28, 2025. The Project site is entirely developed with a building, paved off-street parking areas, ornamental landscaping, and approximately 30 trees, which do not provide habitat suitable for endangered, rare, or threatened species.

6. That the design of the subdivision or the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

A title report was provided with the application, and did not identify any easements acquired by the public at large. The design of the subdivision and site improvements would not conflict with easements as none exist.

7. All permits and approvals applicable to the proposed Tentative Map pursuant to Chapter 33 of this code have been obtained.

The Project requires several entitlements including a Planned Development Permit and Design Review Permit, to permit the construction of 70 “for-sale” housing units. Upon approval of the Project, all permits and approvals applicable to the proposed Tentative Map will have been obtained.

8. All applicable requirements of the Map Act and any ordinance of the City of Escondido regulating or otherwise relating to the conversion of existing buildings into condominiums or stock cooperatives have been satisfied.

The Project does not include the conversion of existing buildings into condominiums or stock cooperatives. It does involve a Tentative Subdivision Map to merge two existing lots into one, and to allow for 70 air space townhome units as permitted by the Escondido Zoning Code.

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

As detailed in the Planning Commission staff report, dated October 28, 2025, the Project conforms to the requirements of the Specific Plan (S -P) zone in that it complies with the development standards established for development in the Gateway Transit land use district of the DSP, including the maximum permitted density allowed on the site.
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DESIGN REVIEW PERMIT FINDINGS (PL25-0024)
(Section 33-1359 of Article 64 – Design Review of the Escondido Zoning Code) With respect to the Design Review Permit, the City Council make the following findings for approval:

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

The proposed site plan is compatible with urban characteristics of the DSP, and complements surrounding existing and proposed multi -family residential buildings. The Project is consistent with the surrounding buildings in terms of massing and overall height.

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

The bulk, scale, and architectural design of the proposed structures are compatible with the character of the surrounding neighborhood in that the project site is surrounded by buildings with similar massing and height; additionally, the Project is located in an urban area of the City , and would complement the surrounding neighborhood.

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.

As shown on proposed conceptual landscape plans, the Project complies with the requirements of Article 62 (Water Efficient Landscape Regulations ) in that the Project provides the number of required street trees and on-site trees. Additionally, the Project is in compliance with Maximum Applied Water Allowance (MAWA) in that it will not exceed its estimated water use of 327,016.85.

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

As discussed in the Planning Commission staff report, dated October 2 8, 2025, the Project includes minimal grading and will follow the existing topography of the site. The existing elevation of the site is approximately 645’ -0”, and the finished floors will be at approximate ly 648’ -0”. Any project related grading will conform to the design standards in Article 55.

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

The Project site is located within the Downtown Specific Plan which has several policies that dictate overall design of new buildings, including the use of building material and building orientation. As discussed in the Planning Commission staff report, dated October 28, 2025, the Project complies with the provisions dictating site layout and building design, including but not limited to setbacks, floor area ratio/lot coverage, open space, and building height.

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

As discussed in the Planning Commission staff report, dated October 28, 2025, the Project complies with the various goals and objectives of the City’s adopted 2012 General Plan. Specificall y, the Project will 62 Item8.

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redevelop an existing site with a vacant building with new housing near the City’s downtown core area; furthermore, the Project is located adjacent to the transit station and would encourage walkability, and alternative modes of transportation as envisioned in the City’s guiding documents, e.g., the 2012 General Plan, the Climate Action Plan, and the Downtown Specific Plan.

NO NET LOSS Findings

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

The Project site, or a portion thereof, was identified on the Suitable Sites Inventory of the Housing Element to accommodate a portion of the regional housing need (RHNA). The estimated capacity for the Project site was as follows:

Very-low/Low Moderate Above Moderate
107 0 60
The Project proposes a density different than what was projected in the Housing Element; the Housing Element shows a site capacity of 107 very-low/low-income units and 60 above -moderate income units, whereas 70 above-moderate income units are proposed.

Nonetheless, the remaining sites in the Housing Element inventory are adequate to meet the requirements of Section 65583.2 and to accommodate the RHNA pursuant to Section 65584, based on the following:

Income Levels:

Very-low &
Low Moderate
Above
Moderate
Suitable Sites Inventory Units Citywide
(i.e., capacity identified Citywide) 4,557* 1,467 3,439 Suitable Sites Inventory Units removed from
capacity to date 56 247 40 289
Suitable Sites Inventory Units to be removed
by Project 0 107 0 60
Remaining Sites Inventory Capacity 4,203 1,427 3,090
*Very-Low and Low-income units were included combined in the Housing Element The Housing Element, adopted on August 11, 2021, and subsequently amended 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. As of October 2025, the City has 1,7 92 low -/moderate-/above-moderate income units either constructed, approved, or projected, with a remaining RHNA need of 7,815 units (1,669 Very Low/1,072 Low/1,470 Moderate/3,604 Above Moderate). If the Project is approved, the 63 Item8.

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remaining need will be reduced to 7,745 units (1,669 Very Low/1,072 Low/1,470 Moderate/3,534 Above Moderate).

The Project would utilize two parcels on the Suitable Sites Inventory removing capacity of 107 low income and 60 above-moderate; nonetheless, the Housing Element Sites Inventory would still have a capacity for 8,720 housing units, which represents a 18% capacity buffer. Therefore, the City would continue to comply with the provisions of No Net Loss with approval of the Project, as proposed, and the Project would be consistent with the City’s Housing Element.

This finding demonstrates the remaining sites in the inventory are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the remaining share of the regional housing need pursuant to Secti on 65584. This finding includes a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. 64 Item8.

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EXHIBIT “D”

PLANNING CASE NOS. PL25-0020/PL25-0021/PL25-0023/PL25-0024

CONDITIONS OF APPROVAL

This Project is conditionally approved as set forth on the application received by the City of Escondido on January 17, 2025, and the P roject drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as approved on December 10, 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 with a Tentative Map or Planned Development application, the Permit shall expire 36 months from the effective date of approval, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code. If not filed as concurrent with a Tentative Map or Planned Development application, the Permit shall automatically expire after one year from the date of this approval, or the expiration date of any extension granted in accordance with the Escondido Municipal Code and Zoning Code.

The Permit shall be deemed expired if a building permit has not been obtained or work has been discontinued in the reliance of t hat building permit. If no building permits are required, the City may require a noticed hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed, pursuant to and in accordance with the provision of this Permit.

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3. Certification. The Director of Development Services, or his/her designee, is authorized and di rected to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. A final Approved Plan set, shall be submitted to the Planning Division for certification electronically. Said plans must be certified by the Planning Division prior to submittal of any post-entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.

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

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

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

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

6. Certificate of Occupancy.

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

b. Prior to final occupancy , a Planning Final Inspection shall be completed to ensure that the property is in full compliance with the Permit terms and conditions. The findings of the inspection shall be documented on a form and content satisfactory to the Director of Development Services. 66 Item8.

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7. Availability of Permit Conditions.

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

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

8. Right to Entry. The holder of this Permit shall make the premises available for inspection by City staff during construction or operating hours and allow the investigations of property necessary to ensure that minimum codes, regulations, local ordinances and sa fety 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 d oes not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building permits are issued unless specifically waived herein.

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

10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Development Services. Through plan check processing, the Applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Development Services Department.

Approval of this dev elopment 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. 67 Item8.

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

12. Clerk Recording.

a. 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 days of the final approval of the Project (the final approval being the date of this letter) a certified check payable to the “County Clerk” in the amoun t 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 materi als 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, t o 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; issue 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 68 Item8.

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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.

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

b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determin ations 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 69 Item8.

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defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).

c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligation s shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Ap plicant 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 Division, Engineering Services Department, Director of Development Service s, Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes. Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit issuance unless specifically waived herein.
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As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on the prop erty advertising such property for sale or rent shall be in accordance with applicable laws, and be kept clean, in like-new condition, and free from fading and graffiti at all times. This condition shall be applicable from the date the land use is approved. The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.

2. Agency License and Permitting. In order to make certain on- or off-site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies.

Nothing in these Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on- or off-site improvements prior to Final Map recordation , grading permit issuance, building permit issuance, or certificate of occupancy as required . This review may result in conditions determined by the reviewing agency.

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

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

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

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

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

7. General Property Maintenance. The property owner or management company shall maintain the property in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. The Applicant shall 71 Item8.

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

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

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

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

11. Trash Enclosures. All appropriate trash enclosures or other approved trash systems shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensuring that enc losures 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 Dep artment. 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 thereo f 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 compl iance with the California Green Building Standards Code sections cited above.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction 72 Item8.

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

16. Phasing. A phasing plan shall be submitted for all projects which include more than one building. The phasing plan shall identify the order in which all on- and off-site improvements will be installed, including triggers for improvements resulting from mitigation measures placed on the project through the environmental review process or required for General Plan conformance. The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.

C. Parking and Loading/Unloading.

1. A minimum of 153 parking spaces shall be provided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided above the required minimum amount, shall be dimensioned per City standards and be maintained in a clean, well -marked condition. The striping shall be drawn on the plans or a note shall be included indicating double-striping per City standards.

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

3. 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. 73 Item8.

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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 det ermined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.

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

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

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

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

b. Screening walls, retain ing walls, storm improvements, and landscaping (i.e. p lanting and irrigation) is to be provided prior to final occupancy.

74 Item8.

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c. The installation of the landscaping and irrigation shall be inspected by the Project landscape architect upon completion. He/she sha ll 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 shrubbe ry that will screen the enclosures wall surface. The Director of Development Services shall find that the proposed landscaping design, material, or method provides approximate equivalence to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions.

E. Specific Planning Division Conditions:

1. The Project shall be managed by a professional management company. A self-managed Home Owners Association (“HOA”) shall not be allowed. This prohibition against a self-managed HOA must be reflected in the Project’s Covenants, Conditions, and Restrictions (“CC&Rs).

2. Pursuant to the Climate Action Plan Consistency Checklist, dated August 05, 2025, the Applicant shall ensure compliance through construction notes on applicable post -entitlement plans (e.g. building, off - site improvement, etc.)

a. Measure T-1.3 & T-1.4: A minimum of 10% of the total parking spaces shall be installed with electric vehicle charging stations. The Project shall comply with most recently updated version of the California Building Energy Efficiency Standards (Title 24, Part 6).

b. Measure T -3.2: The Project shall construct 4’ -0” wide concrete community walkways, and construct and install enchance colored and scored concrete paving along Grand Avenue consistent with Mercardo Area Overlay Plan.

c. Measure T-3.5: Bike racks shall be shown on the building plans.

d. Measure E.4.1 and 4.2: The Project shall install electric heat pump water heaters and electric cooking appliances.

75 Item8.

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3. The Project shall participate in the Density Transfer Program as a “sending area” as described in the staff report(s). A deed restriction shall be recorded prior to building permit issuance, transferring 203 units into the Downtown Density Credit Pool.

4. Pursuant to the Noise Assessment prepared by Ldn Consulting Inc., dated August 22, 2024, an updated acoustical analysis shall be provided prior to building permit issuance to determine the detailed components necessary to achieve an interior noise to 45 dba CNEL.

F. Specific Fire Department Conditions:

1. All fire underground lines, fire sprinkler, and fire alarm plans shall be deferred submittals to Escondido Fire Department.

2. Project shall have an approved paved access and approved adequate water supply on site prior to the start of construction.

3. Min. Fire flow of 1500 GPM at 20 PSI is required for this project.

G. Specific Engineering Division Conditions:

ENGINEERING CONDITIONS OF APPROVAL
ESCONDIDO TRACT NUMBER PL25-0020
613 W VALLEY PARKWAY/ESCONDIDO GATEWAY

GENERAL

1. The Tentative Map shall be revised to match these conditions and the requirements of the Utilities Department, prior to Planning Division certification. The applicant shall submit to the Planning Division a copy of the Tentative Map as presented to the Planning Commission and the City Counc il. The Tentative Map will be signed by the Planning Division verifying that it is an accurate reproduction of the approved Tentative Map and must be included in the first submittal for plan check to the Engineering Department.

2. The applicant shall provide the City Engineer with a Subdivision Guarantee and Title Report covering the subject property.

3. The location of all existing on-site utilities and storm drain facilities shall be determined by the applicant. If a conflict occurs with the proposed project or improvements, these utilities shall be relocated.

4. Improvement and grading plans prepared by a 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 Submittal Checklists. The applicant 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 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 applicant with the City of Escondido prior to the approval of the Final Map. 76 Item8.

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

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

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

STREET IMPROVEMENTS AND TRAFFIC

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

2. Prior to first occupancy, the applicant shall replace damaged curb and gutter along West Valley Parkway and Quince Street. The applicant shall also replace damaged sidewalk on Grand Avenue. This work shall be performed to the satisfaction of the City Engineer.

3. The project’s access drives on West Valley Parkway and Grand Avenue shall be constructed as an alley-type driveway apron with a minimum throat width of 24-feet and a driveway apron with a 4-foot wide minimum path of travel conforming to the American Disabilities Act and maintained near the right -of-way line to the satisfaction of the City Engineer.

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

5. The project’s access drives shall be adequately illuminated to the satisfaction of the City Engineer and Building Official. This lighting shall be maintained by the home owner’s association.

6. All on-site driveways and parking areas shall be private. Typical sections and design details shall be to the satisfaction of the City Engineer and Community Development Director. The private street improvements shall include, but not be limited to the construction of concrete curb, sidewalks (one side only), streets lights, roadway paving, and roadway base.

7. The address of each dwelling unit shall be painted on the curb or, where curbs are not available, posted in such a manner that the address is visible from the street. In both cases, the address shall be placed in a manner and location approved by the the City Fire Marshal and Development Services Director. 77 Item8.

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8. The existing street lights along the project frontage must be either retrofitted or replaced with LED street lights in accordance with Escondido Standard Drawing No. E-1-E. The existing street lights shall be removed and salvaged to the City Public Works yard.

9. Street lighting shall be required on all on -site private streets. It shall be the responsibility of the home owner’s association to adequately maintain the street lighting system and such maintenance responsibility shall be clearly stated in the CC&R’s.

10. The applicant may be responsible for overlays of West Valley Parkway, Quince Street, and/or Grand Avenue due to the utility trenches necessary to serve this project. The determination of the extent of the overlays shall be to the satisfaction of the City Engineer.

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

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

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

14. Access routes conforming to the American Disabilities Act shall be provided into the project from the public sidewalk, to the satisfaction of the City Engineer.

15. All gated entrances shall be designed and improved to the satisfaction of the City Fire Marshal and City Engineer.

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

GRADING

1. A site grading and erosion control plan prepared by a California registered Civil Engineer shall be approved by the Engineering Department. The first submittal of the grading plan shall be accompanied by the preliminary soils and geotechnical report. The soils engineer will be required to indicate in the soils report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.

2. If necessary, the Developer shall in conjunction with the Grading plans s ubmit structural shoring plans for foundation construction to the Building Department for approval by the Building and Engineering Departments. The Developer will be required to pay for the required third -party structural engineering review of these shoring plans. Erosion control, including riprap, interim slope planting, sandbags, or other 78 Item8.

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erosion control measures shall be provided to control sediment and silt from the project. The applicant shall be responsible for maintaining all erosion control facilities throughout the project.

3. The applicant 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.

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

5. All blasting operations performed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.

6. All existing foundations and structures, other than those designated “to remain” on the Tentative Map, shall be removed or demolished from the site.

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

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

9. Any proposed retaining walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be shown on the site grading plan and the soils engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in their report. Structural calculations shall be submitted for review by a consulting engineer for all walls not covered by the Regional or City Standard Drawings. The cost of any independent third -party review deemed necessary by the City Engineer shall be reimbursed by the applicant. Retaining walls or deepened footings that are to be constructed as part of building structure will be permitted as part of the Building Department plan review and permit process.

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 in conformance with the City of Escondido Design Standards.

2. All on-site storm drains not in public easements are private. The responsibility for maintenance of these storm drains shall be that of the Home owner’s association. Provisions stating this shall be included in the CC&R’S.

3. An encroachment agreement shall be executed for the private storm drain in City right -of-way on Grand Avenue and the storm drain shall be maintained by the Home owner’s association.

4. The project shall limit 50 -year drainage flows to their pre -construction rates. Details and calculations for the detention basins shall be submitted and approved as part of the grading plan check. 79 Item8.

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5. 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 improvem ent and grading plans. The SWQMP shall include hydro -modification, treatment calculations, post-construction storm water treatment measures, and maintenance requirements.

6. All site drainage with emphasis on the parking and driveway areas shall be treated t o 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 shall reflect these areas of storm water treatment.

7. The current owner of the property shall sign, notarize, and record a Storm Water Control Facility Maintenance Agreement.

8. All storm water treatment and retention facilities and their drains including the bio -retention basins and planters, any permeable paver areas shall be considered private. The responsibility for maintenance of these post construction storm water treatment facilities shall be that of the Home owner’s association.

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

10. The project owner shall perpetually maintain all permeable surfaces in accordance to the st andards established by the County of San Diego (SD) 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 ri ght 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 Home owner’s Association will be required to repair or rein stall 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 is not functioning as designed, the project owner shall be responsible to replace the pervious pavers system with an alternate method of storm water treatment system or shall be required to transition the project to a priority storm water development project by complying with the applicable requir ements, including development of a Storm Water Quality Management Plan and the installation of structural best management practices.

WATER SUPPLY

1. Fire hydrants, together with an adequate water supply shall be installed on the required water main at a location approved by the Fire Marshall. Fire hydrants shall connect to a minimum 8-inch water main. Fire service lines shall connect to a minimum 8-inch water main.

2. The final locations and sizing of all required water mains, water services, fire hydrants, and other water appurtenances shall be designed and installed to the satisfaction of the Director of Utilities and the Utilities Engineer.
80 Item8.

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

4. A 1-inch minimum water service, 1 -inch water meter, and reduced pressure backflow prevention device shall be required for domestic water supply per City of Escondido Design Standards and Standard Drawings.

Water meters and backflow prevention devices shall not be installed within a driveway apron or on private drive areas. Backflow prevention assemblies are private and should be located on priva te property.

Backflows shall be located directly behind the public meter.

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

6. There shall be no permanent structures located within the City’s public utility easements.

7. Improvement plans for all proposed water mains and appurtenances shall be prepared by a Civil Engineer and submitted to the City of Escondido for review and approval.

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

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

10. Any fire hydrants to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the fire hydrant to the satisfaction of the Utilities Engineer and Water Distribution Department. Existing fire hydrants shall meet current City of Escondido standards.

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

12. All public water mains shall be located within the right -of-way or within a minimum 20 -foot public utility easement (PUE). Private storm drains, private utilities and permanent structures are not allowed within the PUE.

13. All water mains, water services and related appurtenances shall be designed and constructed per current City of Escondido Design Standards and Standard Drawings, and to the satisfaction of the Utility Engineer.

SEWER

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

2. All sewer laterals shall be considered a private sewer system. The property owner shall be responsible for all maintenance of sewer laterals to the public sewer main.

81 Item8.

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

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

5. The applicant shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.

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

7. All public sewer mains shall be located in the right-of-way or within a minimum 20-foot public utility easement (PUE). Private storm drains, private utilities and permanent structures are not allowed within the PUE.

LANDSCAPE

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

FINAL MAP - EASEMENTS AND DEDICATIONS

1. All easements, both private and public, affecting subject property shall be shown and delineated on the Final Map.

2. Public utility easements for sewer, water, storm drain, etc. which are deemed necessary by the City Engineer shall be granted to the City.

3. An emergency access easement shall be dedicated over the private streets.

4. The applicant is responsible for making the arrangements to vacate all streets or quitclaim all easements of record which conflict with the proposed development prior to approval of the final map. All street vacations shall be accomplished by means of a separate public hearing. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval of the Final Map. Building permits will not be issued for lots in which construction will conflict with existing easements or utilities, nor will any securities be released until the existing easements are quitclaimed. The initial submittal of the plat and legal shall include the required Street Vacation fee in effect at the time of the submittal.

REPAYMENTS AND FEES

1. A cash security shall be posted to pay any costs incurred by the City to clean -up eroded soils and debris, repair damage to public or private property and improvements, install new BMPs, and stabilize and/or close- up a non -responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the applicant until the required cash security is replaced. The cleanup cash security shall be released upon final acceptance of the 82 Item8.

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

UTILITY UNDERGROUNDING AND RELOCATION

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

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

CC&R’s

1. Copies of the CC&R’s shall be submitted to the Engineering Department and Planning Department for approval prior to approval of the Final Map.

2. The applicant shall make provisions in the CC&R’s for maintenan ce by the Home owners’ association of private driveways, parking areas, private utilities (including sewer and water), storm water and drainage facilities, private street lighting, landscaping both onsite and within fronting public right -of-ways. These provisions must be approved by the Engineering Department prior to approval of the Final Map.

3. The CC&R’s must state that the Home owners’ association assumes liability for damage and repair to City utilities in the event that damage is caused by the home owners’ association when repair or replacement of private utilities is done.

4. The CC&R’s must state that (if stamped concrete is us ed in the private driveway) the Home owner’s association is responsible for replacing the stamped concrete in kind if the City has to trench the street for repair or replacement of an existing utility.

5. The CC&Rs shall reference the recorded Storm Water Con trol Facility Maintenance Agreement and the approved Storm Water Quality Management Plan (SWQMP) for the project.

83 Item8.

ORDINANCE NO. 2025-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A PLANNED

DEVELOPMENT PERMIT (MASTER AND PRECISE PLAN)

TO ALLOW GROUND -FLOOR RESIDENTIAL USES FOR
CONSTRUCTION OF 70 UNITS

The City Council of the City of Escondido, California does ordain as follows:

SECTION 1. The City Council makes the following findings:
a) KB Homes, represented by Troy Frederick (“Applicant”), filed a land use development application, Planning Case Nos. PL25-0020/PL25-0021/PL25-0023/PL25-0024, (“Application”) constituting a request for a Tentative Subdivision Map to merge two (2) existing lots into one (1) and to permit condominium units; a Planned Development Permit (Master and Precise Plan) to permit ground -floor residential units in the Downtown Specific Plan; and a Design Review Permit for construction of seventy (70) for -sale dwelling units (“Project”) on a 2.73 gross acre site located at 613 W. Valley Parkway (APNs: 232 -100-20-00 and 232-100-21-00), in the Downtown Specifi c Plan Area (SPA -9) general plan land use designation, and Specific Plan (S-P) zone; and
b) 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 c) The Planning Division of the Development Services Department completed its review, and scheduled a public hearing regarding the Project before the Planning Commission on October 28, 2025 . Following the public hearing on October 28, 2025, the Planning Commission adopted Resolution No. 2025 -09, which recommended that the City Council, among other things, approve the Project’s Planned Development Permit (Master and Precise Plan). 84 Item8.

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

SECTION 3. The City C ouncil did on De cember 10, 2025, hold a duly noticed public hearing as prescribed by law. Evidence was submitted to be considere d by the City Council, including, without limitation:
a) Written information including all application materials, and other written and graphical information posted on the Project’s website.
b) Oral testimony from City staff, interested parties, and the public. c) The City Council staff report, dated December 10, 2025, which along with its attachments, is incorporated herein by this reference as though fully set forth herein, including the Planning Commission’s recommendation on the request.

SECTION 4. ENVIRONMENTAL REVIEW. Pursuant to Section 15532 (In -Fill Development Projets) of the California Environmental Qualitcy Act (CEQA), the Project is categorically exempt from further environmental review. A Notice of Exemption was prepared for the Project , and is attached to the City Council staff report, dated December 10, 2025.

SECTION 5. Upon consideration of the Factors to be considered/Findings of Fact attached as Exhibit “B,” 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), as depicted in the project plan set attached as Exhibit “C ,” in furtherance of the Project generally described in the City Council staff report, dated December 10, 2025, subject to the Conditions of Approval attached as Exhibit “D,” and is incorporated herein by this reference as though fully set forth herein. 85 Item8.

SECTION 6. 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 7. As of the ef fective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 8. Concurrently with this Ordinance, the City Council is taking a number of actions in furtherance of the Project, as generally described by the December 10, 2025, City Council staff report. No single component of the series of actions made in connections w ith the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective within its corporate limits as a statue in the manner provided by state law. Therefore, this Ordinance shall become effective after final passage and public as required by law, and operative only if City Council Resolution No. 2025 - 162 is approved.

SECTION 9. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be publi shed one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
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Ordinance No. 2025-11
Exhibit “A”

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Exhibit “A”
Legal Descriptions

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Ordinance No. 2025-11
Exhibit “B”

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EXHIBIT “B”

PLANNING CASE NOS. PL25-0020/PL25-0021/PL25-0023/PL25-0024

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 has been determined to not have a significant effect on the environment, and is declared categorically exempt from the requirement to prepare environmental documents. The proposed Project is categorically exempt pursuant to CEQA Guidelines Section 15332 (“In-Fill Development Projects”), in that the proposed project consists of a multi-family development of 70 for-sale units on a site less than five acres in size; the Project is consistent with the applicable general plan designation, and all applicable general plan policies as well as with applicable zoning designation and r egulations; the Project site has no value as habitat for endangered, rare or threatened species; the Project can be adequately served by all required utilities and public services; and the Project would not result in any significant effects relating to tra ffic, noise, air quality, or water quality.

3. Further, the Project does not trigger any exceptions to categorical exemptions identified in CEQA Guidelines section 15300.2. in that:
a. Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The Project is not pursuing a Class 3, 4, 5, 6, or 11 Categorical Exemption; therefore, this exception is not applicable to the Project.

b. Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. No individually significant impacts would result from the proposed Project.

Therefore, no cumulatively considerable impacts related to traffic, noise, air quality, or water quality are anticipated to occur. As the Project is within the City’s Downtown area and in close proximity to transit, increased density from successive mixed-use projects in this area would be anticipated to reduce VMT and associated impacts related to air 88 Item8.

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quality and greenhouse gas emissions. Additionally, as detailed in Section 15064.3 of the CEQA Guidelines, projects within 0.5 miles of an existing major transit stop are presumed to cause a less than significant transportation impact. No cumulative impacts are expected to result from the Project and successive projects of the same type in the same place over time. Therefore, this exception does not apply, and the Project is eligible for a Categorical Exemption.

c. Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. As detailed in the analysis in the Planning Commission staff report, dated October 28, 2025, no significant environmental effects related to traffic, noise, air quality, or water quality would occur as a result of Project implementation. The Project is consistent with the zoning and land use designations for the site and would replace an existing office building with multi-family housing, which is consistent with the City’s vision for the Project vicinity as a high-density urban center.

The Project site is developed within an urban area under existing conditions and is not known to contain unique resources. There are no other unusual circumstances on the Project site or unusual activities proposed by the Project that would result in significant environmental effects. Therefore, this exception would not apply, and the Project is eligible for a Categorical Exemption.

d. Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigate on by an adopted negative declaration or certified EIR. The Project site is not located along a designated state scenic highway, nor would the project damage scenic resources such as trees, historic buildings, rock outcroppings, or similar resources within a highway officially designated as a state scenic highway. The closest officially designated state scenic highway is the portion of SR 52 approximately 18 miles south of the project site (California Department of Transportation 2024). Therefore, this exception would not apply, and the Project is eligible for a Categorical Exemption.

e. Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. A Phase I Environmental Site Assessment Report was prepared for the Project by Petra Geosciences, Inc. (2024). The Phase I Environmental Site Assessment included a records search of government environmental regulatory databases and did not identify the project site as being on a list compiled pursuant to Section 65962.5 of the Government Code. Updated searches of the EnviroStor and GeoTracker databases compiled pursuant to Section 65962.5 of the Government Code 89 Item8.

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did not reveal any new hazardous materials cases on the project site (Department of Toxic Substances Control 2024; State Water Resources Control Board 2024). As the project site is not contained on the lists compiled pursuant to Section 65962.5 of the Government Code, this exception does not apply and the Project is eligible for a Categorical Exemption.

f. Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The existing office building was constructed in 1984, and is less than 50 years old, thus it does not the minimum criteria to be considered eligible for the City’s Local Register. The office building is not a “historical resource” as defined in Section 15064.5, and no substantial evidence in the administrative record indicates that the office building may be considered a historical resource. Therefore, this exception would not apply, and the Project is eligible for a Categorical Exemption.

4. The City Council has independently considered the full administrative record before it, which includes but is not limited to the December 10th, 2025 Staff Report; testimony by staff and the public; and other materials and evidence submitted or provide to it. The administrative record demonstrates that each of the above requirements have been satisfied. No substantial evidence has been submitted that w ould support a finding that any of the above -described exemption requirements has not been satisfied. The Project will not have a significant effect on the environment, and all of the requirements of CEQA have been met.

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

PLANNED DEVELOPMENT PERMIT FINDINGS (PL25-0020/PL25-0021) (Section 33-403 of Article 19 – Planned Development Zone of the Escondido Zoning Code) With respect to the Planned Development Permit , the City Council make the following findings for approval:

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 includes a request for a Planned Development Permit to allow ground-floor residential uses in this area of the Downtown Specific Plan (DSP). The location, design, and residential density is 90 Item8.

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consistent with the maximum permitted density on site in that the site allows up to 100 dwelling units per acre whereas only 25.6 dwelling units per acre are proposed.

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

The Project includes a request for ground-floor residential uses subject to a Planned Development Permit, and is consistent with surrounding developments. It is surrounded by multi -family to east, and a new senior housing project located diagonally across the street. The proposed Project w ill revitalize an underutilized parcel that currently has a vacant office building , and will be better integrated with the redevelopment occurring in the general vicinity.

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

The Project will not generate traffic that will cause undue congestion upon adjoining streets. A transportation scoping agreement was prepared for the Project and approved by the City’s Traffic Engineering division on September 5, 2025 . The Project does not trigger the need for a Local Mobility Analysis for purposes of compliance with the City’s Circulation Element. Additionally, the Project screens out of the requirement for a Vehicles Miles Traveled (VMT) analysis due to It being located within a VMT- Efficient area.

4. The proposed location and design allow residents and business establishments proposed within the zone to be adequately serviced by existing or pr oposed 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 complies with the required open space as stipulated in the DSP. Additionally, the Project site can be serviced by existing public facilities such as Grape Day Park, and Heritage Garden which is located in the City’s downtown.

5. The overall design of the proposed planned development produces an at tractive, efficient and stable environment.

The Project is within the Mercado Design Overlay District which encourages development to be consistent with an “early California theme.” The Project would demolish a vacant office building, and r edevelop it with a new multi-family townhome units consistent with surrounding existing developments. The overall design of the proposed planned development will produce an attractive, efficient, and stable environment.

6. The planned development is well inte grated 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.
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As discussed in the Planning Commission staff report, dated October 28, 2025, the Project site is relatively flat, and does not require excessive grading. The Project would not result in the removal of desirable natural features in that the Project is located within an urban area, and is currently occupied by a vacant office building. Additionally, the Project would not harm major views from adjacent properties as it surrounded by urban development including commercial buildings, and mu lti-family buildings immediately to the east and west.

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 accordance with adopted city policy.

The Project is located within the DSP which requires a Planned Development Permit for projects which propose ground -floor residential uses. As discussed in the Planning Commission staff report, dated October 28, 2025, the Project complies with all the development standards related to off-street parking, open space, building height, and setback s. With the exception of the requirement for ground -floor residential to be processed through a Planned Development Permit, the project does not include departure from the existing zoning regulations.

NO NET LOSS Findings

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

The Project site, or a portion thereof, was identified on the Suitable Sites Inventory of the Housing Element to accommodate a portion of the regional housing need (RHNA). The estimated capacity for the Project site was as follows:

Very-low/Low Moderate Above Moderate
107 0 60
The Project proposes a density different than what was projected in the Housing Element; the Housing Element shows a site capacity of 107 very-low/low-income units and 60 above -moderate income units, whereas 70 above-moderate income units are proposed.

Nonetheless, the remaining sites in the Housing Element inventory are adequate to meet the requirements of Section 65583.2 and to accommodate the RHNA pursuant to Section 65584, based on the following:
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Income Levels:

Very-low &
Low Moderate
Above
Moderate
Suitable Sites Inventory Units Citywide
(i.e., capacity identified Citywide) 4,557* 1,467 3,439 Suitable Sites Inventory Units removed from
capacity to date 56 247 40 289
Suitable Sites Inventory Units to be removed
by Project 0 107 0 60
Remaining Sites Inventory Capacity 4,203 1,427 3,090
*Very-Low and Low-income units were included combined in the Housing Element The Housing Element, adopted on August 11, 2021, and subsequently amended 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. As of October 2025, the City has 1,7 92 low -/moderate-/above-moderate income units either constructed, approved, or projected, with a remaining RHNA need of 7,815 units (1,669 Very Low/1,072 Low/1,470 Moderate/3,604 Above Moderate). If the Project is approved, the remaining need will be reduced to 7,745 units (1,669 Very Low/1,072 Low/1,470 Moderate/3,534 Above Moderate).

The Project would utilize two parcels on the Suitable Sites Inventory removing capacity of 107 low income and 60 above-moderate; nonetheless, the Housing Element Sites Inventory would still have a capacity for 8,720 housing units, which represents a 18% capacity buffer. Therefore, the City would continue to comply with the provisions of No Net Loss with approval of the Project, as proposed, and the Project would be consistent with the City’s Housing Element.

This finding demonstrates the remaining sites in the inventory are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the remaining share of the regional housing need pursuant to Section 65584. This finding includes a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. 93 Item8.

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Exhibit “C”
Project Plan Set

The architectural drawings are copy-right protected. Please contact the case planner at [email protected] or via phone at (760) 839-4529 for further information.

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Ordinance No. 2025-11
Exhibit “D”

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EXHIBIT “D”

PLANNING CASE NOS. PL25-0020/PL25-0021/PL25-0023/PL25-0024

CONDITIONS OF APPROVAL

This Project is conditionally approved as set forth on the application received by the City of Escondido on January 17, 2025, and the P roject drawings consisting of Site Plans, Floor Plans, Sections, Architectural Elevations, Civil Sheets/Grading, Landscape Plans and Colored Elevations; all designated as approved on December 10, 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 with a Tentative Map or Planned Development application, the Permit shall expire 36 months from the effective date of approval, unless additional time is granted pursuant to the Map Act or to the Escondido Municipal Code. If not filed as concurrent with a Tentative Map or Planned Development application, the Permit shall automatically expire after one year from the date of this approval, or the expiration date of any extension granted in accordance with the Escondido Municipal Code and Zoning Code.

The Permit shall be deemed expired if a building permit has not been obtained or work has been discontinued in the reliance of t hat building permit. If no building permits are required, the City may require a noticed hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed, pursuant to and in accordance with the provision of this Permit.

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3. Certification. The Director of Development Services, or his/her designee, is authorized and di rected to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally consistent and in conformity with the final action on the Project. This includes amending the Project drawings as necessary to incorporate revisions made by the decision-making body and/or reflecting any modifications identified in these conditions of approval. A final Approved Plan set, shall be submitted to the Planning Division for certification electronically. Said plans must be certified by the Planning Division prior to submittal of any post-entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.

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

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

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

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

6. Certificate of Occupancy.

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

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

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7. Availability of Permit Conditions.

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

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

8. Right to Entry. The holder of this Permit shall make the premises available for inspection by City staff during construction or operating hours and allow the investigations of property necessary to ensure that minimum codes, regulations, local ordinances and sa fety 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 d oes not relieve the Applicant of the obligation to comply with all applicable statutes, regulations, and procedures in effect at the time that any engineering permits or building permits are issued unless specifically waived herein.

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

10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Development Services. Through plan check processing, the Applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Development Services Department.

Approval of this dev elopment 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.

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

12. Clerk Recording.

a. 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 days of the final approval of the Project (the final approval being the date of this letter) a certified check payable to the “County Clerk” in the amoun t 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 materi als 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, t o 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; issue 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. 98 Item8.

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16. Indemnification, Hold Harmless, Duty to Defend.

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

b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determin ations or environmental review documents, or any other action taken by the City regarding environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees 99 Item8.

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(including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).

c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligation s shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Ap plicant 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 Division, Engineering Services Department, Director of Development Service s, Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes. Approval of this Permit request shall not waive compliance with any City regulations in effect at the time of Building Permit issuance unless specifically waived herein.

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As a condition of receiving the land use approvals specified herein, Applicant shall maintain the property subject to the approvals in compliance with all applicable city codes governing the condition or appearance of property. In addition to compliance with such basic standards, the property subject to these approvals shall also be maintained free of trash, plant debris, weeds, and concrete (other than existing foundations and permanent structures). Any signs placed on the prop erty advertising such property for sale or rent shall be in accordance with applicable laws, and be kept clean, in like-new condition, and free from fading and graffiti at all times. This condition shall be applicable from the date the land use is approved. The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.

2. Agency License and Permitting. In order to make certain on- or off-site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies.

Nothing in these Conditions of Approval shall be construed as to waive compliance with other government agency regulations or to obtain permits from other agencies to make certain on- or off-site improvements prior to Final Map recordation , grading permit issuance, building permit issuance, or certificate of occupancy as required . This review may result in conditions determined by the reviewing agency.

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

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

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

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

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

7. General Property Maintenance. The property owner or management company shall maintain the property in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. The Applicant shall paint and re-paint all building exteriors, accessory equipment, and utility boxes servicing the Project, as necessary to maintain clean, safe, and efficient appearances.

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

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

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

11. Trash Enclosures. All appropriate trash enclosures or other approved trash systems shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensuring that enc losures 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 Dep artment. 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 thereo f 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 compl iance with the California Green Building Standards Code sections cited above.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50-horsepower or greater diesel-powered equipment is powered with Calif ornia Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB -verified diesel particulate filters. An exemption from this requirement may be 102
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granted if (i) the Applicant provides documentation demonstrating that equip ment 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 equipmen t could not be located within San Diego County during the desired construction schedule, and (ii) the proposed replacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimati on method, and documentation provided to the Planning Division confirms that necessary project-generated functional equivalencies in the diesel PM emissions level are achieved.

16. Phasing. A phasing plan shall be submitted for all projects which include more than one building. The phasing plan shall identify the order in which all on- and off-site improvements will be installed, including triggers for improvements resulting from mitigation measures placed on the project through the environmental review process or required for General Plan conformance. The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts betwee n 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 153 parking spaces shall be provided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided above the required minimum amount, shall be dimensioned per City standards and be maintained in a clean, well -marked condition. The striping shall be drawn on the plans or a note shall be included indicating double-striping per City standards.

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

3. 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. 103
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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 det ermined that sufficient screening is not provided, the Applicant shall be required to provide additional landscaping improvements to the satisfaction of the Planning Division.

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

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

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

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

b. Screening walls, retain ing walls, storm improvements, and landscaping (i.e. p lanting and irrigation) is to be provided prior to final occupancy.

c. The installation of the landscaping and irrigation shall be inspected by the Project landscape architect upon completion. He/she sha ll complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the approved landscape and 104
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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 shrubbe ry that will screen the enclosures wall surface. The Director of Development Services shall find that the proposed landscaping design, material, or method provides approximate equivalence to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions.

E. Specific Planning Division Conditions:

1. The Project shall be managed by a professional management company. A self-managed Home Owners Association (“HOA”) shall not be allowed. This prohibition against a self-managed HOA must be reflected in the Project’s Covenants, Conditions, and Restrictions (“CC&Rs).

2. Pursuant to the Climate Action Plan Consistency Checklist, dated August 05, 2025, the Applicant shall ensure compliance through construction notes on applicable post -entitlement plans (e.g. building, off - site improvement, etc.)

a. Measure T-1.3 & T-1.4: A minimum of 10% of the total parking spaces shall be installed with electric vehicle charging stations. The Project shall comply with most recently updated version of the California Building Energy Efficiency Standards (Title 24, Part 6).

b. Measure T -3.2: The Project shall construct 4’ -0” wide concrete community walkways, and construct and install enchance colored and scored concrete paving along Grand Avenue consistent with Mercardo Area Overlay Plan.

c. Measure T-3.5: Bike racks shall be shown on the building plans.

d. Measure E.4.1 and 4.2: The Project shall install electric heat pump water heaters and electric cooking appliances.

3. The Project shall participate in the Density Transfer Program as a “sending area” as described in the staff report(s). A deed restriction shall be recorded prior to building permit issuance, transferring 203 units into the Downtown Density Credit Pool.

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4. Pursuant to the Noise Assessment prepared by Ldn Consulting Inc., dated August 22, 2024, an updated acoustical analysis shall be provided prior to building permit issuance to determine the detailed components necessary to achieve an interior noise to 45 dba CNEL.

F. Specific Fire Department Conditions:

1. All fire underground lines, fire sprinkler, and fire alarm plans shall be deferred submittals to Escondido Fire Department.

2. Project shall have an approved paved access and approved adequate water supply on site prior to the start of construction.

3. Min. Fire flow of 1500 GPM at 20 PSI is required for this project.

G. Specific Engineering Division Conditions:

ENGINEERING CONDITIONS OF APPROVAL
ESCONDIDO TRACT NUMBER PL25-0020
613 W VALLEY PARKWAY/ESCONDIDO GATEWAY

GENERAL

1. The Tentative Map shall be revised to match these conditions and the requirements of the Utilities Department, prior to Planning Division certification. The applicant shall submit to the Planning Division a copy of the Tentative Map as presented to the Planning Commission and the City Counc il. The Tentative Map will be signed by the Planning Division verifying that it is an accurate reproduction of the approved Tentative Map and must be included in the first submittal for plan check to the Engineering Department.

2. The applicant shall provide the City Engineer with a Subdivision Guarantee and Title Report covering the subject property.

3. The location of all existing on-site utilities and storm drain facilities shall be determined by the applicant. If a conflict occurs with the proposed project or improvements, these utilities shall be relocated.

4. Improvement and grading plans prepared by a 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 Submittal Checklists. The applicant 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 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 applicant with the City of Escondido prior to the approval of the Final Map.

5. No Building Permits shall be issued for any construction within this Subdivision until the Final Subdivision Map is recorded and either:
a) All conditions of the Tentative Subdivision Map have been fulfilled; or 106
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b) Those conditions unfulf illed at the time of an application for Building Permits shall be secured and agreements executed in a form and manner satisfactory to the City Attorney and City Engineer.

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

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

STREET IMPROVEMENTS AND TRAFFIC

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

2. Prior to first occupancy, the applicant shall replace damaged curb and gutter along West Valley Parkway and Quince Street. The applicant shall also replace damaged sidewalk on Grand Avenue. This work shall be performed to the satisfaction of the City Engineer.

3. The project’s access drives on West Valley Parkway and Grand Avenue shall be constructed as an alley-type driveway apron with a minimum throat width of 24-feet and a driveway apron with a 4-foot wide minimum path of travel conforming to the American Disabilities Act and maintained near the right -of-way line to the satisfaction of the City Engineer.

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

5. The project’s access drives shall be adequately illuminated to the satisfaction of the City Engineer and Building Official. This lighting shall be maintained by the home owner’s association.

6. All on-site driveways and parking areas shall be private. Typical sections and design details shall be to the satisfaction of the City Engineer and Community Development Director. The private street improvements shall include, but not be limited to the construction of concrete curb, sidewalks (one side only), streets lights, roadway paving, and roadway base.

7. The address of each dwelling unit shall be painted on the curb or, where curbs are not available, posted in such a manner that the address is visible from the street. In both cases, the address shall be placed in a manner and location approved by the the City Fire Marshal and Development Services Director.

8. The existing street lights along the project frontage must be either retrofitted or replaced with LED street lights in accordance with Escondido Standard Drawing No. E-1-E. The existing street lights shall be removed and salvaged to the City Public Works yard.
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9. Street lighting shall be required on all on -site private streets. It shall be the responsibility of the home owner’s association to adequately maintain the street lighting system and such maintenance responsibility shall be clearly stated in the CC&R’s.

10. The applicant may be responsible for overlays of West Valley Parkway, Quince Street, and/or Grand Avenue due to the utility trenches necessary to serve this project. The determination of the extent of the overlays shall be to the satisfaction of the City Engineer.

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

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

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

14. Access routes conforming to the American Disabilities Act shall be provided into the project from the public sidewalk, to the satisfaction of the City Engineer.

15. All gated entrances shall be designed and improved to the satisfaction of the City Fire Marshal and City Engineer.

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

GRADING

1. A site grading and erosion control plan prepared by a California registered Civil Engineer shall be approved by the Engineering Department. The first submittal of the grading plan shall be accompanied by the preliminary soils and geotechnical report. The soils engineer will be required to indicate in the soils report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.

2. If necessary, the Developer shall in conjunction with the Grading plans s ubmit structural shoring plans for foundation construction to the Building Department for approval by the Building and Engineering Departments. The Developer will be required to pay for the required third -party structural engineering review of these shoring plans. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The applicant shall be responsible for maintaining all erosion control facilities throughout the project.

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

5. All blasting operations performed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.

6. All existing foundations and structures, other than those designated “to remain” on the Tentative Map, shall be removed or demolished from the site.

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

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

9. Any proposed retaining walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be shown on the site grading plan and the soils engineer shall state on the plans that the proposed retaining wall design is in conformance with the recommendations and specifications as outlined in their report. Structural calculations shall be submitted for review by a consulting engineer for all walls not covered by the Regional or City Standard Drawings. The cost of any independent third -party review deemed necessary by the City Engineer shall be reimbursed by the applicant. Retaining walls or deepened footings that are to be constructed as part of building structure will be permitted as part of the Building Department plan review and permit process.

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 in conformance with the City of Escondido Design Standards.

2. All on-site storm drains not in public easements are private. The responsibility for maintenance of these storm drains shall be that of the Home owner’s association. Provisions stating this shall be included in the CC&R’S.

3. An encroachment agreement shall be executed for the private storm drain in City right -of-way on Grand Avenue and the storm drain shall be maintained by the Home owner’s association.

4. The project shall limit 50 -year drainage flows to their pre -construction rates. Details and calculations for the detention basins shall be submitted and approved as part of the grading plan check.

5. 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 improvem ent and grading plans. The SWQMP shall include hydro -modification, treatment calculations, post-construction storm water treatment measures, and maintenance requirements.

6. All site drainage with emphasis on the parking and driveway areas shall be treated t o remove expected contaminants using a high efficiency non-mechanical method of treatment. The City highly encourages the 109
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use of bio-retention areas as the primary method of storm water retention and treatment. The landscape plans shall reflect these areas of storm water treatment.

7. The current owner of the property shall sign, notarize, and record a Storm Water Control Facility Maintenance Agreement.

8. All storm water treatment and retention facilities and their drains including the bio -retention basins and planters, any permeable paver areas shall be considered private. The responsibility for maintenance of these post construction storm water treatment facilities shall be that of the Home owner’s association.

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

10. The project owner shall perpetually maintain all permeable surfaces in accordance to the st andards established by the County of San Diego (SD) 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 ri ght 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 Home owner’s Association will be required to repair or rein stall 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 is not functioning as designed, the project owner shall be responsible to replace the pervious pavers system with an alternate method of storm water treatment system or shall be required to transition the project to a priority storm water development project by complying with the applicable requir ements, including development of a Storm Water Quality Management Plan and the installation of structural best management practices.

WATER SUPPLY

1. Fire hydrants, together with an adequate water supply shall be installed on the required water main at a location approved by the Fire Marshall. Fire hydrants shall connect to a minimum 8-inch water main. Fire service lines shall connect to a minimum 8-inch water main.

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

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

4. A 1-inch minimum water service, 1 -inch water meter, and reduced pressure backflow prevention device shall be required for domestic water supply per City of Escondido Design Standards and Standard Drawings.

Water meters and backflow prevention devices shall not be installed within a driveway apron or on private drive areas. Backflow prevention assemblies are private and should be located on priva te property.

Backflows shall be located directly behind the public meter. 110
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5. No trees or deep-rooted bushes shall be planted within 10-feet of any water mains.

6. There shall be no permanent structures located within the City’s public utility easements.

7. Improvement plans for all proposed water mains and appurtenances shall be prepared by a Civil Engineer and submitted to the City of Escondido for review and approval.

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

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

10. Any fire hydrants to be replaced, reconnected or relocated as a part of this project shall be replaced in entirety from the public water main to the fire hydrant to the satisfaction of the Utilities Engineer and Water Distribution Department. Existing fire hydrants shall meet current City of Escondido standards.

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

12. All public water mains shall be located within the right -of-way or within a minimum 20 -foot public utility easement (PUE). Private storm drains, private utilities and permanent structures are not allowed within the PUE.

13. All water mains, water services and related appurtenances shall be designed and constructed per current City of Escondido Design Standards and Standard Drawings, and to the satisfaction of the Utility Engineer.

SEWER

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

2. All sewer laterals shall be considered a private sewer system. The property owner shall be responsible for all maintenance of sewer laterals to the public sewer main.

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

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

5. The applicant shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.

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

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7. All public sewer mains shall be located in the right-of-way or within a minimum 20-foot public utility easement (PUE). Private storm drains, private utilities and permanent structures are not allowed within the PUE.

LANDSCAPE

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

FINAL MAP - EASEMENTS AND DEDICATIONS

1. All easements, both private and public, affecting subject property shall be shown and delineated on the Final Map.

2. Public utility easements for sewer, water, storm drain, etc. which are deemed necessary by the City Engineer shall be granted to the City.

3. An emergency access easement shall be dedicated over the private streets.

4. The applicant is responsible for making the arrangements to vacate all streets or quitclaim all easements of record which conflict with the proposed development prior to approval of the final map. All street vacations shall be accomplished by means of a separate public hearing. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval of the Final Map. Building permits will not be issued for lots in which construction will conflict with existing easements or utilities, nor will any securities be released until the existing easements are quitclaimed. The initial submittal of the plat and legal shall include the required Street Vacation fee in effect at the time of the submittal.

REPAYMENTS AND FEES

1. A cash security shall be posted to pay any costs incurred by the City to clean -up eroded soils and debris, repair damage to public or private property and improvements, install new BMPs, and stabilize and/or close- up a non -responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the applicant 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 applicant shall be required to pay all development fees of the City then in effect at the time, and in such amounts as may prevail when building permits are issued.

UTILITY UNDERGROUNDING AND RELOCATION
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Ordinance No. 2025-11
Exhibit “D”

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

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

CC&R’s

1. Copies of the CC&R’s shall be submitted to the Engineering Department and Planning Department for approval prior to approval of the Final Map.

2. The applicant shall make provisions in the CC&R’s for maintenan ce by the Home owners’ association of private driveways, parking areas, private utilities (including sewer and water), storm water and drainage facilities, private street lighting, landscaping both onsite and within fronting public right -of-ways. These provisions must be approved by the Engineering Department prior to approval of the Final Map.

3. The CC&R’s must state that the Home owners’ association assumes liability for damage and repair to City utilities in the event that damage is caused by the home owners’ association when repair or replacement of private utilities is done.

4. The CC&R’s must state that (if stamped concrete is us ed in the private driveway) the Home owner’s association is responsible for replacing the stamped concrete in kind if the City has to trench the street for repair or replacement of an existing utility.

5. The CC&Rs shall reference the recorded Storm Water Con trol Facility Maintenance Agreement and the approved Storm Water Quality Management Plan (SWQMP) for the project.

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STAFF REPORT

December 10, 2025
File Number 0470-25

SUBJECT
FIRE DEPARTMENT REQUEST: ADDITION OF SIXTH AMBULANCE FOR ESCONDIDO FIRE DEPARTMENT

DEPARTMENT
Fire

RECOMMENDATION
Request the City Council adopt Resolution No. 2025-161 approving funding for the purchase and staffing of one additional ambulance for the Escondido Fire Department.

Staff Recommendation: Approval (Fire: John Tenger, Fire Chief) Presenter: Deputy Fire Chief Tyler Batson
ESSENTIAL SERVICE – Yes, Fire/EMS Services
COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
One-time capital costs of $603,100 include the ambulance, cardiac monitor, gurney, Self-Contained Breathing Apparatus ( “SCBA”), Cardio Pulmonary Resuscitation ( “CPR”) Equipment, computer t ablet, radios and medical set-up supplies.

Annual Recurring Costs are e stimated to be $1, 486,182 which include 6 positions, Emergency Medical Services (“EMS”) supplies and equipment, maintenance, training and personal protective equipment and ambulance maintenance expenses.

Funding will be provided through Measure I revenue . The anticipated return on investment will be approximately one million annually from EMS transportation revenue recovery.

PREVIOUS ACTION
The Escondido Fire Department completed a Standards of Coverage ( “SOC”) study which recommended the addition of one ambulance to address increasing EMS demand and overlapping calls putting strain on the EMS delivery system and threatening the safety of the visitors and residents of Escondido.

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BACKGROUND
The Escondido Fire Department currently operates five ambulances. E mergency medical services call volume continues to grow 3 –8 percent annually, creating frequent periods where all units are assigned and no ambulance is available for additional emergencies.

Reliance on mutual aid results in longer response times and lost revenue (~$1M annually).

Industry best practices recommend adding an ambulance when utilization exceeds 30 percent; three Escondido units are above this threshold.

Adding a sixth ambulance will:
 Improve response times and patient outcomes.
 Reduce reliance on outside agencies.
 Increase revenue recovery.
 Align with SOC recommendations and public safety priorities.

RESOLUTIONS
a) Resolution No. 2025-161

ATTACHMENTS
a) Attachment “1”—Budget Adjustment

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RESOLUTION NO. 2025-161

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE

PURCHASE AND STAFFING OF ONE ADDITIONAL

AMBULANCE FOR THE ESCONDIDO FIRE DEPARTMENT

WHEREAS, the Escondido Fire Department currently operates five ambulances to provide emergency medical services (“EMS”) to the community; and WHEREAS, the City’s Standards of Coverage ( “SOC”) study and internal analysis identified increasing EMS demand and recommended adding a sixth ambulance to maintain service reliability; and WHEREAS, the addition of a sixth ambulance will reduce reliance on mutual aid, improve response times, and recover significant EMS transport revenue; and WHEREAS, that the ambulance will need additional staffing to assure that the benefits are achieved by the City; and
WHEREAS, the City Council finds that this action aligns with its priority to improve public safety and ensure essential services for residents and is in the best interest of the City.

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

1. That the above recitations are true.

2. That the City Council authorizes the Mayor, or his de signee, to execute, on behalf of the City, all documents necessary to purchase one additional rescue ambulance including all associated equipment in forms approved by the City Attorney.
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3. That the City may increase staffing to include three (3) additional Firefighter/Paramedics and three (3) additional Emergency Medical Technician-Paramedics for the Escondido Fire Department. 117
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BUDGET ADJUSTMENT REQUEST
Department: Fire
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Tyler Batson
City Council Meeting Date: 12/10/25

EXPLANATION OF REQUEST
RESOLUTION NO. 2025-161: Fiscal Year 2025/26 budget adjustment adding 6 new staff positions, related supplies & equipment, and the purchase of one additional ambulance

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount
of
Increase
Amount
of
Decrease
1 New Ambulance/Fabrication
Capital Outlay / Motive Equipment / Fire
/ 1002 420,000
Cardiac Monitor Capital Outlay / Equipment / Fire / 1002 50,000 Gurney Capital Outlay / Equipment / Fire / 1002 32,000
SCBA Capital Outlay / Equipment / Fire / 1002 35,000
CPR Machine Capital Outlay / Equipment / Fire / 1002 35,000 Radio Equipment Supplies / Equipment / Fire / 1002 33,000 Personal Protective Equipment
Supplies / Safety Equipment / Fire /
1002 40,000
3 New Firefighter/Paramedics
and 3 New Paramedics
Employee Services / Regular Full Time /
Fire / 1002 235,240
3 New Firefighter/Paramedics
and 3 New Paramedics
Employee Services / Over Time / Fire /
1002 67,700
Uniforms
Supplies / Operating Supplies / Fire /
1002 1,375
EMS Supplies
Supplies / Operating Supplies / Fire /
1002 27,500

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE















Attachment "1"
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STAFF REPORT

December 10, 2025
File Number 0610-90

SUBJECT

RENT REVIEW BOARD GUIDELINES REVISIONS

DEPARTMENT
Development Services, Housing and Neighborhood Services

RECOMMENDATION
Request the City Council, serving in its capacity as the Escondido Rent Review Board, adopt Resolution No. RRB 2025-163 amending the Mobilehome Review Board Guidelines.

Staff Recommendation: Approval ( Development Services : Kevin Snyder , Director of Development Services)
Presenter: Carlos Cervantes, Management Analyst; Danielle Lopez, Housing and Neighborhood Services Manager
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY –

FISCAL ANALYSIS
The adoption of the Resolution will not alter the existing City costs related to the receipt, review and consideration of Long Form or Short Form rent increase applications.

PREVIOUS ACTION
On August 14, 2024, the City Council, serving in its capacity as the Escondido Rent Review Board, adopted Resolution No. RRB 2024-121 amending the Mobilehome Rent Review Board Guidelines.

BACKGROUND
Consumer Price Index (“CPI”).

The City has come to learn that it has not been uniformly considering how CPI time periods are being used in the evaluation of increases for various matters. This became apparent when we had two CPI adjustments at the same council meeting with two different approa ches. The existing Guidelines and 119
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Proposition K refers to the CPI, but the specific methodology for calculating the change in CPI, specifically the dates used, is not specified.

When calculating the change in CPI, the calculation must first choose a starti ng and ending point for the calculation. Depending on the start and end dates of the reporting period associated with a proposed increase, there are multiple viable options to calculate the change in CPI.

CPI is reported on various schedules ; A “monthly ” index reported every other month; two half -year indexes called “Half1” and “Half2; and an annual index. All of which are legally viable options in determining change in CPI. Using monthly CPI figures versus annual or half year CPI figures will produce different percentage changes because they measure price movement over different periods of time. All calculations are accurate; they just answer different questions.

Annual CPI (year-over-year) is best used for l ong term trends and budget planning. Annual CPI smooths out seasonal swings and monthly volatility.

Half-Year CPI is best for capturing more recent inflation trends, showing changes that are not yet reflected in the annual numbers. Six-month data updates faster than annual data and is still less volatile than single month figures. It can provide a more current snapshot while still being meaningful.

Monthly CPI has several practical ben efits; it lets you see inflation changes as they happen ; however, monthly number can be volatile due to short-term changes, such as fuel spikes, weather, and supply chain issues.

Staff recommends the annual methodology for calculating changes in CPI. This change will apply to all applications submitted after the City Council adopts this method for calculating change in CPI.

Applications submitted prior to adoption of the change will not be affected.

When a park owner submits a rent increase applicati on for the first time under th is new method, it is possible that that the endpoint of the calculation of change in CPI from the last application will be greater than the starting point of the current application specified by the new method, because the old method included “monthly” CPI figures. If this is the case, the starting point for this first calculation under the amended guidelines will be the larger of two figures: (1) the monthly CPI used as the endpoint from the last rent increase application or (2) the annual CPI figure that would typically be used under the amended guidelines. This provision will avoid double-counting of an increase in the CPI across two rent increase applications.

Proposition K and the Mobilehome Rent Review Board.

In 1978, the state legislature enacted the California Mobilehome Residency Law to address the unique relationship that exists between the owners of mobilehome coaches and the owners of the land on which 120
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the mobilehome sits . (Cal. Civil Code § 798, et seq.) This law provides the “landlord -tenant” rules and regulations to manage the relationship between park owners and mobilehome tenants. Since 1988, the City Council sitting as the City of Escondido Mobilehome Rent Review Board (“Board”) has regulated rents for some mobilehomes in accord with the Escondido Rent Protection Ordinance.

MHRRB Guidelines.

Because Proposition K was enacted by the voters, any changes or amendments to it would require a ballot measure and voter approval. However, Guidelines may be crafted and implemented to provide direction to the Board in the consideration of applications and the conduct of the rent review hearings , provided they are not inconsistent with the provisions of Proposition K. Such G uidelines may be adopted by resolution. In September 1988, the Board issued its first set of Guidelines to assist the Board in implementing Proposition K.

The Guidelines spell out the staff’s review requirements, the hearing process, resident notice requirements, policies governing the Board’s review of the application, define relevant application and financial information to be considered, and require health and safety inspections of the parks as part of the hearing process.

The last amendment to the Guidelines was adopted in August 2024. Those changes were prompted by a request to revise the percentage of change in CPI used to calculate a long-form rent increase, to be consistent with short-form policies, resulting in raising the Long-Form rate increase from 60% to 90% of the change in CPI. Additionally, several other revisions were approved that reflected the current practices of City Staff and the Board. The City drafted an amendment to the Guidelines to implement the negotiated terms, and that amendment was adopted pursuant to RRB Resolution No. 2024-121.

Proposed Amendments. (Revisions are in italics)
Attachment “1” to this Staff Report is a redline version of the proposed changes to the Guidelines affecting both Short and Long Form application. Below is a list of the amendments:

 Section 6: A. CPI
CPI – Pursuant to Section 29 -104(g)(1) of the Rent Control Ordinance, the Board will consider increases in the San Diego Metropolitan Area Consumer Price Index, All Items/All Urban Consumers component as published by the United States Bureau of Labor Statisti cs (“Bureau”) (“CPI”), as one of the relevant factors when reviewing a Long Form Application. If the Bureau changes the geographic reporting area in which the City is located, the Board shall use the most current applicable reporting area established by the Bureau. 121
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The Board shall take into account ninety percent (90%) of increases in the CPI over the relevant review period provided for in Section 29 -104(g). All applications will adhere to the formula provided in section 11.I.
 Section 11.C
The park owner’s Short-Form CPI Rent Increase Application must be based solely on the change in the CPI as defined in these Guidelines since the last increase granted by the Board. The requested increase under a Short -Form CPI Rent Increase Application may not exceed ni nety percent (90%) of the increase in CPI since the last increase granted by the Board, or 8% of the current rent, whichever is less, subject to the two-year limit in Section I.  Section 11.I
The Short-Form CPI Rent Increase process may not apply to any period in excess of 2 years. All applications will adhere to the following formula to calculate change in CPI.

Percent Change = (current annual year − previous annual year) previous annual year
Other Options Considered.
o Use of the monthly CPI numbers. For example, July 2024 as the starting value and July 2025 as the ending value.
o Use of the half year CPI numbers. For example, half 1 of 2023 as the starting value and half 1 of 2024 as the ending value.

Stakeholder Input and Comments.

In an effort to engage with impacted stakeholders, on November 26, 2025, Housing and Neighborhood Services provided the proposed Guideline revisions to the Escondido Mobile Home Positive Action Committee (“EMPAC”) and park management for comments. Any comments received will be presented during the Council presentation on December 10.

RESOLUTIONS
a) Resolution No. RRB 2025-163
b) Resolution No. RRB 2025-163—Exhibit “A” - MHRRB Guidelines

ATTACHMENTS
a) Attachment “1”—MHRRB Guidelines Redline Version
×100

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RESOLUTION NO. RRB 2025-163

A RESOLUTION OF THE MOBILEHOME RENT REVIEW

BOARD OF THE CITY OF ESCONDIDO, CALIFORNIA,

AMENDING THE CITY OF ESCONDIDO MOBILEHOME

RENT REVIEW BOARD GUIDELINES

WHEREAS, the Mobilehome Rent Review Board of the City of Escondido (“Rent Review Board”) first adopted their “Mobilehome Rent Review Board Guidelines” (“Guidelines”) on September 28, 1988; and
WHEREAS, the Rent Review Board periodically revises its Guidelines, most recently on August 14, 2024, in Resolution No. RRB 2024-121; and
WHEREAS, the Rent Review Board has determined that CPI time periods have not been applied in a uniform manner when evaluating scheduled indexed rent increases , and that the existing Guidelines and Proposition K do not clearly specify the comparison period for CPI calculations; and WHEREAS, the Rent Review Board desires to amend the Guidelines to clarify that the CPI calculations shall use the annual period from the previous and current applicable calendar years, comparing the annual value of each year, as applicable, to ensure that any increases in rents are fair, just and reasonable as required by Escondido Municipal Code § 29-101, et. seq.

NOW, TH EREFORE, BE IT RESOLVED by the Mobilehome Rent Review Board of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the Guidelines attached hereto as Exhibit “A” and incorporated herein by reference, are hereby amended, are adopted, and shall take effect for all Short Form applications first submitted after the effective date of this Resolution.
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3. For those Short Form applications evaluated under the methodology provided for in the se amended Guidelines, in those circumstances where the endpoint of the calculation of change in CPI from the last application is greater than the starting point of the current application provided for in this amended methodology, the starting point for this first calculation will be the larger of two figures: (1) the monthly CPI used as the endpoint from the last rent increase application or (2) the annual CPI figure that would typically be used under the amended Guidelines.

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RRB Resolution No. 2025-163
Exhibit “A”

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MOBILEHOME RENT REVIEW BOARD

GUIDELINES
Adopted by Minute Action September 28, 1988
Amendment by Minute Action January 11, 1989
Amended by Minute Action February 8, 1989
Amended by Resolution RRB 89-5 May 17, 1989
Amended by Resolution RRB 90-7 April 4, 1990
Amended by Resolution RRB 94-05 April 13, 1994
Amended by Resolution RRB 94-12 January 11, 1995
Amended by Resolution RRB 97-05 December 3, 1997
Amended by Resolution RRB 97-07, December 17, 1997
Amended by Resolution RRB 98-07, June 10, 1998
Amended by Resolution No. 2005-132
Amended by Resolution RRB 2017-02R, June 28, 2017
Amended by Resolution RRB 2020-04R, June 24, 2020
Amended by Resolution No. RRB 2024-121, August 14,
2024
Amended by Resolution No. RRB 2025-163, December 10,
2025

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RRB Resolution No. 2025-163
Exhibit “A”

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CITY OF ESCONDIDO

MOBILEHOME RENT REVIEW BOARD GUIDELINES
Following are the guidelines for the mobilehome rent review process including staff review, the staff report, and the rent review hearings (“Guidelines”). Also included are City of Escondido (“City”) Mobilehome Park Rent Review Board (“Board”) rules of order.

Section 1: Staff Review.

When a park owner submits an application for a rent increase request, City staff shall review the application to determine whether or not it is complete. Per Section 29-104(d) of the City’s Rent Control Ordinance, Staff must determine whether the application is complete within thirty (3 0) days of receipt of the application and the application fee, if any. If the application is determined to be incomplete, the park owner shall be notified of the deficiencies. Upon resubmittal, staff will determine whether the application is now complete within thirty (30) days of receipt of additional information provided by the park owner as requested by staff.

Once an application is determined to be complete, staff will mail a notice to all affected residents stating that they can review the final application and any supporting documents and that they have thirty (30) days to respond with written comments or other forms of documentation. The applicant and tenant representative(s) will be provided with a copy of these Guidelines at that time.

A thirty (30) day notice is mailed to residents, which informs them of their right to review the park owner's application and all supporting documents. A copy of the application is provided to the park tenant representative(s) for review. A copy shall also be available at City Hall. Additionally, pursuant to Section 29 -104(e) of the Rent Control Ordinance, staff shall provide each Board member a copy of the application once the application is deemed complete.

Any information submitted by the park owner after the application is determined to be complete will not be incorporated into t he staff report for the hearing because the residents may not have had an opportunity to review the information during their thirty (30) day review period.

The City's Code Compliance Division will inspect the common areas of the park and submit a report concerning the condition of the facilities. Also, any past violations and any corrective actions will be reported.

Section 2: Staff Report.

Staff will provide the Board members a written staff report which describes the park, summarizes the park owner's application, and analyzes the rent increase request. A copy of the park owner's final application and the residents' written responses will be attached to the report. If staff retained a consultant to review the application, the consultant’s report will also be attached.

Section 3: Notice of Public Hearing.

While the Rent Control Ordinance spells out certain requirements for the hearing process, it is deemed beneficial to further refine the process so that the Board and the parties involved have a clear understanding of the hearing process and will know what to expect on the day of the hearing. 126
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Pursuant to Section 29-104(e) of the Rent Control Ordinance, staff will mail a notice of the time, date and place of the hearing to park residents and the park owner at least ten (10) days prior to the hearing. The Code Compliance Division report shall also be available for public review ten (10) days in advance of the hearing. The staff report will be available for public review when the report is delivered to the Board for review, and the notice will inform the parties of this fact. A copy of the staff report will either be sent by certified mail or picked up by the park owner, and a designated resident representative(s).

Section 4: Staff Presentation.

At the hearing, staff will give a brief summary of the staff report and application. If staff retained a consultant to review the application, the consultant may provide a summary of their analysis and report. The Board members may then ask questions of the staff and consultant. A representative from the City Attorney's Office will attend meetings to offer legal assistance as needed. Minutes will be taken by the City Clerk staff.

Section 5: Public Input.

Pursuant to Section 29 -104(f) of the Rent Control Ordinance , the park owner and the affected tenants may offer any testimony that is relevant to the requested rent increase . Staff will provide slips indicating a "request to speak" at the meeting. The park owners present their testimony first.

As detailed in the Rent Control O rdinance, the applicant and affected residents can only offer written information for the first time at the hearing if good cause is shown as to why such evidence was not previously filed with the City Clerk's Department. The Board encourages the applicant and the affected residents to appoint one or two representatives to present information at the hearing. Time limits for speakers are described in the Guidelines under "Board Rules of Order…Manner of Addressing Board —Time Limit." If the Board determines that they have sufficient information to reach a decision, they will close the hearing. If they require further information, the hearing will be continued to a specified date to allow the parties or staff an opportunity to collect the necessary data.

Once the Board has all the information they deem necessary, it will close the hearing. Once the hearing is closed, the Board has fifteen (15) days to make a determination. The Board may consider the option of making a determination at the hearing in an attempt to resolve the issue as quickly as possible. Whether or not the Board reaches a decision on the day of the hearing, the Board will be required, under the Brown Act, to deliberate and reach a decision at a public meeting rather than in closed session.

Section 6: Policies Governing Board Review.

A. Eleven Factors. When reviewing rent increase applications not governed by Section 11 herein, commonly referred to as “Long-Form Applications, ” the Board will consider the eleven (11) factors detailed in Section 29-104(g) of the Rent Control Ordinance.

CPI – Pursuant to Section 29 -104(g)(1) of the Rent Control Ordinance, the Boa rd will consider increases in the San Diego Metropolitan Area Consumer Price Index, All Items/All Urban Consumers component as published by the United States Bureau of Labor Statistics (“Bureau”) (“CPI”), as one of the relevant factors when reviewing a Long Form Application.

If the Bureau changes the geographic reporting area in which the City is located, the Board shall use the most current applicable reporting area established by the Bureau. 127
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The Board shall take into account ninety percent ( 90%) of increases in the CPI over the relevant review period provided for in Section 29-104(g). All applications will adhere to the formula provided in section 11.I.

Section 7: Capital Improvements.

A. Definition and Examples of Capital Improvements - Capital Improvement is defined by Section 29-101 of the Rent Control Ordinance to mean "the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs."

1. Normal routine maintenance and repair of a park is not a capital improvement. For example, patching of potholes and slurrying of asphalt streets and roadways constitute ordinary repairs and are not capital improvements within the meaning of the Ordinance.

2. Major replacement or major reconstruction of an existing facility or improvement constitute capital improvements. For example, the major replacement and/or reconstruction of streets or roadways, sewer lines, water lines and gas l ines constitute capital improvements.

3. Addition of new facilities in a park, such as a new office or utility room, a sauna, a jacuzzi or an addition to a recreation room, are also examples of capital improvements.

4. Capital improvements which would otherwise form the basis for a capital improvement rent increase cannot be the basis of such an increase if the park owner charges a fee for the use of the improvement. For example, additional washers and dryers installed for the use of residents cannot be the basis for a capital improvement rent increase if the tenants must pay to use them.

5. Portable items, such as pool furniture and landscaping or gardening equipment, do not constitute capital improvements.

6. Rent increase requests based entirely or in part on ca pital improvements can be brought before the Board prior to the initiation of the proposed work. In these cases, the applicant is encouraged to seek the approval of his/her residents for the improvement, prior to the submittal of an application.

B. Capital Improvement/Rehabilitation Work - In any case where a park owner submits a rent increase application that is based in part, or entirely , on the cost of capital improvements and/or rehabilitation work, the staff and/or their consultant shall calculate for the Board’s consideration the rent increase based on the following:

The work is amortized over the expected life of the improvement. If available, s tandard depreciation tables used by the Internal Revenue Service (“ IRS”) to determine deductions for taxes shall be used to determine the expected life of the work. Any increase that is granted shall be temporary over the IRS authorized amortization period . Any capital improvement rent increase shall include interest based ei ther on the actual interest rate charged to the applicant for funds utilized to fund the improvement or, if the cost was not financed, the average rate for thirty-year fixed mortgages plus one (1%) percent, and that the average rate shall be the rate Freddie Mac last published in its weekly Primary Mortgage Market Survey (“PMMS”) as of the date of the initial submission of the application. At the time an increase 128
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is granted, the Board will list separately any increase for capital improvements or rehabilitation work.

Section 8: Code Violations.

No increase granted for any park shall go into effect until any existing code deficiencies are corrected. Such violations shall not be utilized by the Board as a reason for not granting an increase or reducing the amount of a requested increase. A provision regarding the effective date of the Board’s action shall be included in each Resolution of the Board approving a rent- increase.

Section 9: General Policies Governing the Board's Deliberations and Determination.

A. The Park Survey which compares the condition and quality of each park in the City, shall be updated by staff every two years. Park Appraiser shall contact an officer or designee from the organized residents’ group who shall participate in all inspections of the park.

When periodically conducting the Park Survey, the Park Appraiser shall contact an officer or designee from the organized residents ’ group who shall participate in all inspections of the park.

B. To assist in determining a reasonable rate of return, the Board shall always be provided with information setting forth the rate of return for the applicant mobilehome park since the date the last application for a rent increase was deemed complete based o n return on cash investment, return on book value, and maintenance of net operating income. The Board recognizes that each application must be evaluated on its own facts and that not every rate of return analysis will be relevant in each application. The Board shall consider the facts of each application and, based on those facts and circumstances, may utilize any, all or none of the rate of return analyses in making its determination of what, if any, rent increase may be warranted.

C. In order to avoid rep etitive hearings and unreasonable burdens on City staff and Park residents, no application for a rent increase shall be accepted within a period of one year from the date the last application was deemed complete.

D. The Board generally prefers to avoid conti nuing hearings. All persons wishing to make presentations to the Board should come to the hearing fully prepared.

E. All applications for rent increases shall be accompanied by financial statements covering the period from the date the last application for a rent increase was deemed complete.

F. All applications shall be accompanied by a statement attesting to the truth an d accuracy of all information set forth in the application, which statement shall be signed by the applicant and shall be sworn under penalty of perjury.

G. All applications shall be accompanied by all documents, receipts, invoices and other data which support and substantiate the claims and assertions set forth in the application.

H. The application, including all its supporting data and documentation and all other information used to form the basis of any staff presentation or recommendation, shall be availab le for public review during normal business hours.
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I. Where it determines that an applicant has knowingly falsified any information in the application for a rent increase, the Board shall immediately suspend further proceedings on the application and no new application for a rent increase shall be accepted for processing for a period of one year from the date of such action.

J. The applicant shall be required to deposit the sum of $ 7,500 at the time of filing the application with the City. This amount will be used to reimburse the City for costs associated with evaluation of the application and preparation of information regarding the rate of return for the park under criteria established by the Board and to defray the costs of any supplementary work which may be required to insure that the application is complete. This deposit will also be available to pay for analysis of any claims set forth in the application or materials supplied to substantiate claims made in the application to determine their validity and veracity.

Where the deposit is exhausted prior to completion of the review of the rent increase application, no further work on the application shall be conducted until further amounts are deposited, as the Board may deem appropriate.

A park owner may seek from residents the recovery of actual costs incurred for purposes of the evaluation of a Long Form Rent Increase application as part of the rent increase application. Such cost reimbursement shall be recovered over a period of not less than 1 year. The determination of the amount and timing of any reimbursement expenses to be included in an approved application shall be within the discretion of the Board.

K. In its evaluation of information submitted to support any application for a rent increase, the Board shall take into account only information, facts and circumstances arising from the date the last application for a rent increase was deemed complete.

L. The applicant shall bear the burden of proof of establishing, on the basis of substantial evidence, all claims set forth in the application including, without limitation, all claims for expenses, depreciation and other costs incurred in connection with the operation of the subject mobilehome park. Invoices, receipts and other similar documents shall n ot, by themselves, necessarily establish that such expenses were properly incurred.

Section 10: Written Communication.

A. If a park owner or any affected resident wishes to submit written information after their respective cutoff dates, said information must be received by the City Clerk’s Department at least seven (7) days prior to the hearing.

City staff will distribute the information to the Board members and the affected parties no later than five (5) days prior to the hearing. Any information going t o the residents will be given to the designated resident representative.

B. At the rent review hearing concerning the application, the party submitting said written information shall explain in the course of his/her oral testimony why the Board should consider the late presented material, and why it was not presented earlier. Said party shall ask the Board to consider the late presented written material. If the Board wishes to consider such late presented material, the Board shall:

1. Give the opposing party an opportunity to object to the introduction of such new material.
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2. After considering any opposition, determine if "good cause exists" to permit the late presented material be made part of the hearing record, and

3. Give the opposing parties and staff an opportunity to respond orally at the hearing to the new material. Depending upon the type of written material presented, the Board may also decide to keep the hearing open for a limited period of time in order to permit the opposing party or staff an opportunity to further review and comment in writing upon the new written material.

C. At a particular hearing, the Board may decide that additional written evidence or testimony is required, and ask that a party or staff s ubmit it to the Board. In those circumstances, it is recommended that the Board:

1. Continue the hearing to a date certain by which time the additional information will be available.

2. Require that the party preparing the additional material give copies of t he material to staff at least seven (7) calendar days prior to the date of the continued hearing. City staff will distribute the information to the Board members and the affected parties. Any information going to the residents will be given to the design ated resident representative, and

3. Give the opposing parties and staff an opportunity to respond in writing at least three (3) days before the hearing. Depending upon the type of written material, the Board may also decide to keep the hearing open for a limited period of time in order to permit the opposing party or staff more opportunity to review and comment in writing upon the new written material.

Section 11: The Short-Form CPI Rent Increase Application In lieu of using the Long Form Application hearing process and policies set forth herein, a park owner may request an increase using the “short form” process. The following principles for the application review and public hearing process will apply only to the “short form” application:

A. The park owner must use the standard short -form application prepared by the City of Escondido.

B. A short-form application will only be considered if the park owner’s request applies to 100% of all spaces in the park which are subject to rent control.

C. The park owner’s Short-Form CPI Rent Increase Application must be based solely on the change in the CPI as defined in these Guidelines since the last increase granted by the Board. The requested increase under a Short-Form CPI Rent Increase Application may not exceed ninety percent (90%) of the increase in CPI since the last increase granted by the Board, or 8%, whichever is less, subject to the two-year limit in Section I.

D. The Board will consider the Short-Form application at a public hearing. The staff rep ort will not contain analysis of any of the factors required by Section 29 -104(g) of the Rent Control Ordinance other than the change in CPI. In determining whether the amount of the park owner’s requested increase is appropriate, the Board must presume t hat up to ninety percent (90%) of the CPI is a fair, just, and reasonable rent increase. However, the Board may consider any of the other Rent Control Ordinance factors in Section 29-104(g) at the request of either the park owner or the affected residents in determining that a lesser increase is fair, just, and reasonable.
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E. No application fee is required for a Short-Form CPI Rent Increase . Any park owner granted any increase as a result of using the short -form application is exempt from the annual per space administration fee imposed by the City pursuant to Resolution No. 2005- 132, or any successor resolution. The period of exemption applies to those spaces for which the rent level was set as a result of the Short-Form CPI Rent Increase process, and lasts until another increase is granted by the Board.

F. The City must notify the residents of the park owner’s request for a Short-Form CPI rent increase at least 30 days prior to the hearing. The park owner must provide to the City the names, addresses, and mailing labels for all individuals affected by the application, and the City will mail notice of the application and the date of the hearing to the affected residents.

G. Any interested person will be allowed to speak at the public hearing on their own behal f, and the Board’s consideration of their comments will be limited to the factors set forth in Section 29-104(g) of the Rent Control Ordinance. If residents from a majority of the spaces in the park which are subject to rent control personally appear at any time prior to the close of the public hearing and state their objection to the Short-Form application, the Board shall have the option (after verifying the residency status of those objecting) not to approve the short-form application.

H. If the Board denies a Short-Form CPI Rent Increase application, or grants an increase less than the amount requested in the application, the owner must be permitted to submit a regular Long Form Application as provided for in these Guidelines and the Rent Control Ordinance. The park owner shall have 30 days from the date of the Board's decision on the Short-Form CPI Rent Increase application to notify the City whether or not they are accepting the decision from the Short Form application, or whether they wish to file a Long Form Application . The filing of a Long Form A pplication shall render all of the proceedings from the Short-Form CPI Rent Increase application null and void.

I. The Short-Form CPI Rent Increase process may not apply to any period in excess of 2 years. All Short-Form applications will adhere to the following formula to calculate a percentage increase change in CPI.

Percent Change = (current annual year − previous annual year) annual half year

J. No application for a Short-Form CPI Rent Increase will be accepted within a period of one year from the date the last application was deemed complete.

K. The City’s Code Compliance Division will inspect the common areas of the park for health and safety violations, and submit a report concerning the condition of the facilities. No increase shall go into effect until any existing code deficiencies are corrected.

L. As a condition of using a Short Form application, the park owner agrees to the following:

1. Upon the closure of an In-place Transfer, or other conveyance of a rent-controlled mobilehome, the park owner may increase the space rent, to the greater of the Average Space Rent plus 8% or the Final Space Rent charged to the Changing Mobilehome Owner plus 8% provided that rent -controlled space rent shall not exceed $950 on July 1, 2020. Beginning in 2021, the City shall adjust the $950 limit ×100

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