Agenda packet — Escondido City Council, April 8, 2026 (part 1 of 3)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, APRIL 08, 2026
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
Joe Garcia (District 2)

COUNCILMEMBERS
Consuelo Martinez (District 1)
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, April 08, 2026

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, April 08, 2026

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 REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) a. Property: 340 N. Escondido Blvd., Escondido (California Center for the Arts, Escondido) Agency negotiator: Sean McGlynn, City Manager, or designees Negotiating Party: California Center for the Arts Foundation Under Negotiation: Terms of Management Agreement

ADJOURNMENT

3 Wednesday, April 08, 2026

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 remar ks made by individuals during this time. If you wish to be 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

PROCLAMATION
Community Development Week

PRESENTATION
Police Department Restructure Presentation

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 Cit y 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 un der 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 option to have an item considered separately, either on their own request or at the request of staff or a member of the public.
4 Wednesday, April 08, 2026

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB)

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between March 23, 2026 to March 29, 2026.

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

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. PL25-0333 – EMERGENCY OUT-OF-AGENCY SEWER SERVICE AGREEMENT AND ESTABLISHMENT OF RESIDENTIAL ESTATE PREZONING FOR 2417 HAAS STREET
Request the City Council adopt Resolution No. 2026-59, authorizing the Mayor to execute an emergency Out-of-Agency Sewer Service Agreement for an approximate 1.09-acre unincorporated property located at 2417 Haas Street (APN 239-330-66-00), and establishing prezoning for the property as Residential Estate (RE-40) in anticipation of a future annexation.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Robert Barry, AICP, Senior Planner
a) Resolution No. 2026-59

6. PL25-0131 – EMERGENCY OUT-OF-AGENCY SEWER SERVICE AGREEMENT AND ESTABLISHMENT OF RESIDENTIAL ESTATE PREZONING FOR 3216 NORTH BROADWAY
Request the City Council adopt Resolution No. 2026-58, authorizing the Mayor to execute an emergency Out-of-Agency Sewer Service Agreement for an approximate 1.23-acre unincorporated property located at 3216 North Broadway (APN 187-500-59-00), and establish prezoning for the property as Residential Estate (RE-40) in anticipation of future annexation.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Robert Barry, AICP, Senior Planner
a) Resolution No. 2026-58
5 Wednesday, April 08, 2026

7. PL24-0263 – OUT-OF-AGENCY SEWER SERVICE AGREEMENT AND ESTABLISHMENT OF RESIDENTIAL ESTATE PREZONING FOR 452 BEAR VALLEY PARKWAY
Request the City Council adopt Resolution No. 2026-57, authorizing the Mayor to execute an Out-of- Agency Sewer Service Agreement for an approximate 0.62-acre unincorporated property located at 452 Bear Valley Parkway (APN 239-060-05-00), and establishing prezoning for the property as Residential Estate (RE-20) in anticipation of a future annexation.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director Development Services)
Presenter: Robert Barry, AICP, Senior Planner
a) Resolution No. 2026-57

PUBLIC HEARINGS

8. PL26-0088: RESOLUTION NO. 2026-64 AUTHORIZING REVOCATION OF CONDITION OF APPROVAL SPECIFIED IN EXHIBIT “E” OF RESOLUTION NO. 2024-183R PERTAINING TO CONDITIONAL USE PERMIT PH19-0049
Request the City Council adopt Resolution No. 2026-64 revoking Street Improvements and Traffic Condition of Approval No. 5 specified in Exhibit “E” of Resolution No. 2024-183R approved by the City Council on December 4, 2024 subject to the following conditions: a) payment to the City of a one-time fee of $50,000; and b) full and complete assignment to the City of previously approved traffic signal plans for the Rock Springs Road and Lincoln Avenue intersection.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Kevin Snyder, AICP, Development Services Director a) Resolution No. 2026-64

6 Wednesday, April 08, 2026

9. PUBLIC HEARING TO CONSIDER A SECOND SUBSTANTIAL AMENDMENT TO THE 2025-2029 CONSOLIDATED PLAN AND 2025-2026 ANNUAL ACTION PLAN TO ALLOCATE HOME FUNDS TO VALLEY

CREEK SENIOR APARTMENTS, AN AFFORDABLE HOUSING DEVELOPMENT PROJECT Request the City Council of the City of Escondido conduct a public hearing and adopt Resolution No. 2026-50 amending the 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan to allocate HOME funds to Valley Creek Senior Apartments, an affordable housing development project.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenters: Danielle Lopez, Housing Manager and Norma Olquin, Management Analyst a) Resolution No. 2026-50

CURRENT BUSINESS

10. PL26-0005 – THE GENERAL PLAN’S 2025 HOUSING ELEMENT ANNUAL PROGRESS REPORT Request for the City Council to receive and file the 2025 calendar year (“CY”) annual progress report for the General Plan Housing Element (“Housing Element APR”).

Staff Recommendation: Receive and File (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Pricila Roldan, Associate Planner

11. ADOPTION OF A DONATION POLICY FOR REVIEWING GIFTS OFFERED TO THE CITY OF ESCONDIDO Request the City Council adopt Resolution No. 2026-45 to approve the Donation Policy establishing a formal, Citywide framework for evaluating, accepting, declining, documenting, and acknowledging donations to the City of Escondido.

Staff Recommendation: Approval (City Manager’s Office: Christopher McKinney, Deputy City Manager) Presenter: Nicole Lindsay, Management Analyst
a) Resolution No. 2026-45

12. ANIMAL CONTROL SERVICES AGREEMENT OPTIONS
Request the City Council provide direction on the City’s current Animal Services Agreement with the San Diego Humane Society (SDHS) for animal control services.

Staff Recommendation: Provide Direction (Police Department: Ken Plunkett, Chief of Police) Presenter: Ken Plunkett, Chief of Police
7 Wednesday, April 08, 2026

13. DESIGNATION OF ENFORCEMENT AUTHORITY FOR THE ESCONDIDO CAMPAIGN CONTROL ORDINANCE Request the City Council adopt Resolution No. 2026-46 designating Christina M. Cameron, Esq. and the law firm of Devaney Pate Morris & Cameron, LLP, as the enforcement authority for the Escondido Campaign Control Ordinance for the 2026 Municipal Election as required by Escondido Municipal Code Section 2-110.5(c).

Staff Recommendation: Approval (City Attorney's Office: Michael McGuinness, City Attorney) Presenter: Michael R. McGuinness, City Attorney
a) Resolution No. 2026-46

FUTURE AGENDA

14. 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.

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, April 15, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, May 06, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers 8 Wednesday, April 08, 2026

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.

CEQA STATEMENT
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA under Guideline Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065

9 Consent Item No. 1 April 08, 2026

A F F I D A V I T S

I T E M

P O S T I N G –

 CONDITIONAL USE PERMIT (CUP) MODIFICATION

TERMINATING TRAFFIC SIGNAL INSTALLATION
STIPULUATION SPECIFIED IN EXHIBIT “E” OF CITY
COUNCIL RESOLUTION NO. 2024-183R –
CASE NO. PL26-0088

 APPROVE A SUBSTANTIAL AMENDMENT TO THE 2025-2029
CONSOLIDATED PLAN AND 2025-2026 ANNUAL ACTION
PLAN

10 Item1.

CITY OF ESCONDIDO

OFFICE OF THE

CITY CLERK
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4617

NOTICE OF PUBLIC HEARING
The Escondido City Council will hold a public hearing in the City Council Chambers, Escondido City Hall, 201 N.

Broadway, Escondido, California at 5:00 p.m. on Wednesday, April 8, 2026 to consider the item listed below:

CONDITIONAL USE PERMIT (CUP) MODIFICATION T ERMINATING TRAFFIC SIGNAL INSTALLATION STIPULUATION SPECIFIED IN EXHIBIT “E” OF CITY COUNCIL RESOLUTION NO. 2024-183R – CASE NO. PL26-0088
REQUEST: The request is for the modification to a previousl y approved Conditional Use Permit (PHG19-0049) to terminate a condition of approval requiring the developer of the Project further described below to pay $560,000 of the construction cost of a new traffic signal at the intersecti on of Rock Springs Road and Lincoln Avenue as specified in Exhibit “E” of Resolution No. 2024-183R adopted by the City Council on December 4, 2024. The previously approved Conditional Use Permit (PHG19 -0049) entitled the Project site for development of a gasoline service station and convenience store with concurrent sale of alcoholic bever ages (beer and wine). The Project also included previous adoption of environmental documentation prepared for the Project.

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

ENVIRONMENTAL STATUS: In accordance with the California Enviro nmental Quality Act (CEQA) Section 15164 (Addendum to an EIR or Negative Declaration), an addendum to the adopted Mitigated Negative Declaration was previously prepared. None of conditions identified in Section 15162 (Subsequent EIRS and Negative Declarations) have occurred requiring preparation of a Subsequent Negative Declaration.

PLANNING COMMISSION ACTION: Because the request is directly related to previous action taken by the City Council, this item will be heard directly by the City Council with no prior Planning Commission review and recommendation.

If you challenge this item in court, you may be limited to rais ing only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission 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-citycouncil/webform/public-comment. All comments received from the public will be made a part of the record of the meeting.

The City of Escondido remains committed to complying 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 by filing out a Request 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.gov/820/Americans-with- Disabilities-Act
The staff report will be available on the City’s website at https://escondido-ca.municodemeetings.com/ on or around Thursday, April 2, 2026. For additional information, please contact Kevin Snyder, AICP, Development Services Director, at 760-839-4801, or via email at [email protected], and refer to Case N
o. PL26-008.

Zack Beck, City Clerk
City of Escondido
DATED: March 26, 2026

Published in THE ESCONDIDO TIMES ADVOCATE: 3/26/26
11 Item1.

CITY OF ESCONDIDO

NOTICE OF PUBLIC HEARING
APPROVE A SUBSTANTIAL AMENDMENT TO THE 2025-2029 CONSOLIDATED PLAN AND 2025-2026 ANNUAL ACTION PLAN
NOTICE IS HEREBY GIVEN that the Escondido C ity Council will hold a public hearing on Wednesday, April 08, 2026 at 5 p.m . in the City Council Chambers, Escondido City Hall, 201 North Broadway, Escondido, CA 92025, to approve the amended 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan to allocate HOME funding to Valley Creek Senior Apartments, an Affordable Housing Development Project.

The City of Escondido welcomes and encourages community feedback and participation.

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

The City of Escondido remains committed to complying 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 by filling out a Request 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://www.escondido.gov/417/Risk-Safety-ADA.

PUBLI
C COMMENT: If you would like to register your position without attending the City Council meeting in person, you may do so using this link: https://escondido- ca.municodemeetings.com/bc-citycouncil/webform/public-comment.

All comments received from the public will be made a part of the record of the meeting.

Published in THE ESCONDIDO TIMES ADVOCATE: 3/26/26
12 Item1.

CIUDAD DE ESCONDIDO
AVISO DE AUDIENCIA PÚBLICA
REVISIÓN Y MODIFICACIÓN SUSTANCIAL AL PLAN CONSOLIDADO 2025-2029 Y PLAN DE ACCION ANUAL 2025-2026
POR MEDIO DEL PRESENTE AVISO SE NOTIFICA que el Concejo Municipal de Escondido realizará una audiencia pública el miércoles 08 de abril de 2026 a las 5 p.m. en la Sala Consistorial del Concejo Municipal, Ayuntamiento de Escondido, 201 North Broadway, Escondido, CA 92025, para aprobar el Plan Consolidado 2025-2029 y el Plan de Acción Anual 2025, a fin de asignar fondos del programa HOME a Valley Creek Senior Apartments, un proyecto de apartamentos para personas mayores con bajos ingresos.

La Ciudad de Escondido invita a la comunidad a participar y compartir sus comentarios.

Si cuestiona el asunto descrito anteriormente ante una corte, podría quedar limitado a proponer sólo aquellos asuntos que usted o alguien más haya propuesto en la audiencia pública señalada en este aviso, o en la correspondencia escrita entregada al Concejo Municipal de Escondido durante o antes de la audiencia.

La Ciudad de Escondido sigue comprometida a cumplir con la Ley de Estadounidenses con Discapacidades (ADA). Las personas calificadas con discapacidades que deseen participar en programas, servicios o actividades de la Ciudad y que necesiten adecuaciones están invitadas a presentar sus solicitudes a la Ciudad llena ndo un Formulario de Solicitud de Adecuaciones o un Formulario de Solicitud de Apoyo de Inclusión para Menores, o llamando al 760-839-4643, preferiblemente al menos 72 horas antes del evento o actividad. Los formularios se pueden encontrar en el sitio web de la Ciudad en: https://www.escondido.gov/417/Risk-Safety-ADA.

COM
ENTARIO PÚBLICO: S i desea expresar su opinión sin asistir en persona a la reunión del Concejo Municipal, puede hacerlo usando este enlace: https://escondido- ca.municodemeetings.com/bc-citycouncil/webform/public-comment. Todos los comentarios recibidos del publico formaran parte del registro oficial de la junta.

Published in THE ESCONDIDO TIMES ADVOCATE: 3/26/26
13 Item1.

STAFF REPORT

April 08, 2026
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER

DEPARTMENT
Finance

RECOMMENDATION
Approval for City Council and Housing Successor Agency warrants issued between March 23, 2026 to March 29, 2026
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 03/23/2026 to 03/29/2026
Total $3,445,383.62
Number of Warrants 197

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. 14 Item2.

Consent Item No. 3 April 08, 2026

A P P R O V A L

O F

M I N U T E S

15 Item3.
16 Item4.

STAFF REPORT

April 8, 2026
File Number 0600-10; A-3585

SUBJECT
PL25-0333 – EMERGENCY OUT-OF-AGENCY SEWER SERVICE AGREEMENT AND ESTABLISHMENT OF RESIDENTIAL ESTATE PREZONING FOR 2417 HAAS STREET

DEPARTMENT
Development Services Department, Planning Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-59, authorizing the Mayor to execute an emergency Out-of-Agency Sewer Service Agreement for an approximate 1.09-acre unincorporated property located at 2417 Haas Street (APN 239-330-66-00), and establishing prezoning for the property as Residential Estate (RE-40) in anticipation of a future annexation.

Staff Recommendation: Approval (Development Services: Kevin Snyder, Director of Development Services)
Presenter: Robert Barry, AICP, Senior Planner
ESSENTIAL SERVICE – Yes, Sewer; Public Works/Infrastructure COUNCIL PRIORITY –

FISCAL ANALYSIS
The property owner will be responsible for payment of all City and Local Agency Formation Commission (“LAFCO”) fees associated with the Out-of-Agency Service Agreement, anticipated annexation of the property, connection to the City’s sewer system, and ongoing sewer service charges.

PREVIOUS ACTION
None

BACKGROUND
The Out -of-Agency Service Agreement is required for unincorporated property owners requesting connection to City sewer when outside of the City’s boundary but located inside of the City’s sphere of influence and in anticipation of a future annexation.
17 Item5.

Government Code Section 56133 allows a city to provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from LAFCO. The subjec t Emergency Out-of-Agency Sewer Service Agreement has been requested by the property owner in response to a documented failure of the existing single-family residence’s underground septic disposal system.

The subject unincorporated property is addressed as 2417 Haas Street (APN 239-330-66-00) and is located within the Escondido Sphere of Influence , but is not contiguous with the Escondido City boundary (Attachment “1”). The 1.09-acre property was developed in 1990 with one existing single-family residence utilizing an underground septic disposal system.

In a letter dated November 12, 2025, the San Diego County Department of Environmental Health (“DEH”) confirmed that the existing septic system has failed and there is limited usable area available for a compliant replacement system (Attachment “2”). DEH has requested connection of the property to the Escondido sewer system “as soon as possible.”
The unincorporated parcel is designated as Estate I (E 1) in the Escondido General Plan, which allows up to one dwelling unit per 1, 2, 4, or 20 acres, dependent on slope, with a minimum lot size of 40,000 square- feet. Establishment of prezoning is a LAFCO prerequisite for future annexation of the property to Escondido. Therefore, a prezone designation of Residential Estate (RE-40) is recommended as it correlates with the existing General Plan designation for the property (Attachment “3”).

The subject Out -of-Agency Sewer Service Agreement (Exhibit “A” to Resolution No. 2026 -59) includes conditions requiring the property owner to: initiate future annexation proceedings with LAFCO and submit all required application materials and fees; agree to an Irrevocable Offer of Annexation, in which the owner and future owners agree to not oppose annexation to the City; and pay a ll associated City and LAFCO annexation fees. Formal annexation of the property will occur at a later time per the agreement.

The subject agreement was then conditionally approved by the LAFCO Executive Off icer on March 2 3, 2026 (Exhibit “B” to Resolution No. 2026-59).

ENVIRONMENTAL
The Out-of-Agency Service Agreement and extension of City sewer service to the property are exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines section 15303(d) for New Construction or Conversion of Small Structures, specifically related to the extension of a sewer connection of reasonable length, including any associated street improvements.

18 Item5.

RESOLUTIONS
a. Resolution No. 2026-59
b. Resolution No. 2026-59 Exhibit “A” – Out-of-Agency Service Agreement c. Resolution No. 2026 -59 Exhibit “B” – LAFCO Notice of Conditional Approval , March 23, 2026

ATTACHMENTS
a. Attachment “1”—Aerial Map, General Plan Designation, Zoning Designation b. Attachment “2” —San Diego County Department of Environmental Health letter, November 12, 2025
c. Attachment “3”—Proposed Prezoning Designation
d. Attachment “4”—City of Escondido Request for LAFCO Approval, March 6, 2026

19 Item5.

RESOLUTION NO. 2026-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AN EMERGENCY

OUT-OF-AGENCY SEWER SERVICE AGREEMENT AND,
ESTABLISHING RESIDENTIAL ESTATE (RE-40)

PREZONING FOR A N UNINCORPORATED PROPERTY
LOCATED AT 2417 HAAS STREET
Case No. PL25-0333

WHEREAS, the City of Escondido (“City”) has received an emergency request to provide sewer service to a property outside of the City’s incorporated boundary and within the City’s adopted sphere of influence located at 2417 Haas Street (“Property”); and WHEREAS, the Property is all that real property described in Exhibit “A” to the Agreement (Exhibit “A”); and
WHEREAS, the City has received conditional approval from the San Diego County Local Agency Formation Commission (“LAFCO”) for an Emergency Out-of-Agency Sewer Agreement (“Agreement”), attached hereto as Exhibit “ B,” for the extension and provision of sewer services to one existing single- family residence on the Property; and
WHEREAS, the Property has a General Plan land use designation of Estate I, which is implemented through a zoning designation of Residential Estate (RE-40); and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.), the City has evaluated the actions contemplated by this Agreement. The City has determined that the pipeline and utility i mprovements necessary to facilitate water and/or wastewater services to the existing dwelling unit on the Property will consist of the construction and installation of minor utility extensions of reasonable length within existing 20 Item5.
disturbed public right-of-way and on private property, and therefore, are exempt from CEQA review under CEQA Guidelines §15303(d). Further, none of the exceptions set forth in CEQA Guidelines §15300.2 apply.

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

1. That the above recitations are true and correct.

2. The City Council, in its independent judgement, has determined the Project to be exempt from environmental review pursuant to CEQA Guidelines section 15303(d) for New Const ruction or Conversion of Small Structures, specifically related to the extension of a sewer connection of reasonable length, including any associated street improvements.

3. That the City Council authorizes the mayor to execute the Agreement, on behalf of the City, in substantially the same format as Exhibit “ A,” which is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney.

4. That this agreement is necessary in order for the area to receive urban services available from the City of Escondido to one existing single-family dwelling unit in a residential zone in anticipation of a later change of organization.

5. That this proposal is made pursuant to the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 5600 et seq. of the Government Code of the State of California.

6. That the City Council approves establishment of prezoning for the property as Residential Estate (E-40) consistent with the existing Estate I General Plan designation and in anticipation of a later annexation of the property.

7. That the City Clerk of the City of Escondido is her eby authorized and directed to file a certified copy of this resolution to the executive officer of LAFCO. 21 Item5.

8. That, at a public hearing on April 8, 2026, the City Council approves Resolution No. 2026- 59, authorizing the mayor to execute an out -of-agency sewer service agreement, and establishing Residential Estate (RE-40) prezoning for an unincorporated property located at 2417 Haas Street. 22 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 1 of 12 ends

CAO: 2/26/2026
Out-of-Agency Service Agreement
1 EXEMPT FROM FEES pursuant to
Gov’t Code §§ 6103, 27383, and 27388.1
(filing requested/executed by municipality)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

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

This Space for Recorder’s Use Only
APN: 239-330-66-00

OUT-OF-AGENCY SERVICE AGREEMENT
This OUT-OF-AGENCY SERVICE AGREEMENT (“Agreement”) is made and entered into as of the last signature date set forth below (“ Effective Date”), by and between the City of Escondido, a California municipal corporation (“ City”) and [insert owner name and entity designation, if applicable; e.g., Jane Homeowner, an individual; Property co, LLC, a California limited liability company] (collectively referred to herein as “Owner”). (The City and Owner may each be referred to herein as a “Party” and collectively as the “Parties.”)

RECITALS
A. Owner possesses and owns that certain real property located at 2417 Haas Street, which is outside the jurisdictional boundary of the City, and within the unincorporated County of San Diego, as further described in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (“Property”).

B. Pursuant to California Government Code section 56133(a), the City may provide new or extended services , as defined by California Government Code section 56074, by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the San Diego County Local Agency Formation Commission (“LAFCO”).

C. Pursuant to California Government Code section 56133(b), LAFCO may authorize the City to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization , as defined by California Government Code section 56021.

D. Pursuant to California Government Code section 56133(c), LAFCO may authorize the City to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: (1) The entity applying for approval has provided LAFCO with documentation of a threat to the health and safety of the public or the affected residents; and, (2) LAFCO has notified any alternate service 23 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 2 of 12 ends

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Out-of-Agency Service Agreement
2 provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with LAFCO.

E. In accordance with California Government Code section 56133(b) and San Diego LAFCO’s local policies, LAFCO provided a conditional approval for the City to establish contract wastewater service to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory for one existing dwelling unit on the Property, which is within the City’s sphere of influence, and in anticipation of annexation at a later date as determined to be appropriate by the City, and subject to the LAFCO conditions stated therein and in a letter dated March 23, 2026, which is attached hereto as Exhibit B and incorporated herein by this reference (“Conditional Approval Letter”),
F. The City and the Owner desire to enter into this Agreement so the City may provide wastewater service to one (1) existing dwelling unit on the Property, subject to Owner meeting all of the LAFCO conditions and any conditions otherwise expressed in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, the Parties hereby mutually agree as follows:

1. Recitals. The Recitals set forth above are included herein by reference as part of this Agreement and the Parties agree that said Recitals are essential facts to this Agreement.

2. Applicability of Government Code . This Agreement is made pursuant to the Cortese- Knox-Hertzberg Local Government Reorganization Act (California Government Code section 56000 et seq.) (“Act”) and is subject to all of the provisions of the Act, including but not limited to Government Code section 56133.

3. Authority to Connect . Upon the Parties’ execution of this Agreement and Owner’s recordation of this Agreement in the County Recorder’s Office for San Diego County, and subject to all other terms and conditions of this Agreement, Owner may connect to the City’s sewer and water system (“Improvements”). Owner agrees to construct the Improvements in conformance with all applicable federal, state, and local laws and regulations. No construction of the Improvements shall occur without first securing all required permits and approvals from the City, County, or any other local agency or regulatory authority.

4. Irrevocable Offer of Annexation. Owner hereby makes an irrevocable offer of annexation of the Property to the City. Owner waives any right of protest in the annexation of the Property to the City provided for under the Act or any other law or policy. Such waiver shall be binding on Owner and its heirs, successors in interests, and assigns.

5. Conditions of Approval . Owner agrees to meet all conditions, including each of the following:
a. At a future date, at the City’s sole discretion and upon the City’s request , Owner shall provide LAFCO a landowner -petition application to annex the Property to the City (“Annexation Petition”), along with the required filing fee. 24 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 3 of 12 ends

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Out-of-Agency Service Agreement
3 b. Owner shall provide LAFCO a signed and recorded copy of this Agreement. c. Any other conditions required by LAFCO.
d. Within 10 days after execution of this Agreement by all Parties, Owner shall record this Agreement which shall run with the land and inure to and bind all successors in interest to the Property, with the Office of the County Recorder for San Diego County. e. Owner shall be responsible for all LAFCO and City fees and charges in relation to the application for annexation, Improvements, future wastewater service connection, or otherwise in relation to this Agreement.
f. This Agreement is limited to the provision of wastewater service to the existing one dwelling unit on the Property and shall not be construed to provide authority for the City’s provision of any additional service in relation to the Property in advance of annexation.

6. No Pre-Commitment
a. Notwithstanding any other provision of this Agreement, nothing herein shall commit or otherwise require the City, or be interpreted as requiring the City, to issue any permit, entitlement, or other approval in relation to the Improvements. Rather, the City and Owner acknowledge and agree that the City retains full discretionary authority with respect to the Improvements, and may approve, disapprove, modify, o r condition the Improvements, or any portion thereof, as otherwise authorized by law. Owner acknowledges and agrees that it is proceeding at its own risk and expense until such time as all required permits, entitlements, or other approvals are approved an d without assurance that any required permits, entitlements, or other approvals will be approved.

7. Term. This Agreement shall commence on the Effective Date and shall remain in effect until the earlier of any of the following: (i ) the Property is annexed into the City; or (ii) the Agreement is terminated by the City if Owner fails to meet any condition stated herein.

8. Indemnification. Owner (including Owner’s agents, employees, contractors, and subcontractors, if any) shall hold h armless, defend ( with counsel reasonably acceptable to the City), and indemnify the City, its boards, commissions, departments, officials, officers, agents, employees, and volunteers 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, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “ Claims”), and any attorney’s, consultant, or expert fees and City staff costs for investigating or responding to any Claims, incurred in connection with or arising in whole or in part from this Agreement, the use of the Improvements by the Owner (including Owner’s agents, employees, invitees, contractors, and subcontractors, if any), the condition of the Improvements, or any related construction or other work undertaken on the Property, including without limitation (i) any death or bodily injury to a person; (ii) any injury to, loss, or theft of tangible or intangible property, including economic loss; or (iii) any other loss, damage, or expense sustained by the Owner in connection with any work or obligations performed in connection with this Agreement, except for any liability resulting from 25 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 4 of 12 ends

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Out-of-Agency Service Agreement
4 the active negligence, sole negligence, or willful misconduct of the City. The duty to defend the City as described in this Paragraph 8 shall apply regardless of whether any Claims are groundless, fraudulent, or false. All obligations under this Paragraph 8 shall survive the termination of this Agreement.

9. Miscellaneous.

9.1 Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any litigation arising out of this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

9.2 Entire Agreement . This Agreement, together with its attachments or other documents, if any, described or incorporated herein, contains the entire agreement and understanding concerning the subject of this Agreement and supersedes and replaces all prior negotiations, unde rstandings, or proposed agreements, written or oral, except as otherwise provided herein. Each of the Parties hereto acknowledges that no other Party, nor the agents nor the attorneys for any Party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein.

9.3 Amendment. This Agreement may not be amended except in a writing signed by all of the Parties hereto, and then only in the specific instance and for the specific purpose given.

Any such amendment shall be recorded with the Office of the County Recorder for the County of San Diego.

9.4 Independent Investigation. The Parties acknowledge that they have conducted an independent investigation of the facts concerning the subject matter of this Agreement. The Parties agree that the factual recitals are correct and expressly assume the risk that the true facts concerning the foregoing may differ from those currently understood by them.

9.5 Advice of Counsel. The Parties hereby acknowledge that they have executed this Agreement after having the opportunity to consult with, and receive the advice of, their own counsel.

9.6 Capacity. Each individual signing this Agreement represents and warrants that he or she has been authorized to do so by proper action of the Party on whose behalf he or she has signed.

9.7 Headings. Section headings are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.

Resolution No. 2026-59
Exhibit “A”

Page 5 of 12 ends

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Out-of-Agency Service Agreement
5 party shall be entitled to its attorney’s fees and costs incurred in any post-judgment proceedings to collect or enforce any judgment. This provision is separate and shall survive the merger of this provision into any judgment on this Agreement.

9.9 Counterparts. T his Agreement may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document.

9.10 Severability. This Agreement s hall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

9.11 Notice. All notices, demands, approvals, or consents provided for in this Agreement shall be in writing and delivered to the appropriate Party at its address as follows:

If to the City:

Director of Development Services
City of Escondido
201 N. Broadway
Escondido, CA 92025
If to Owner:
[Owner Name
Owner Address
Owner Address]
Any notice, delivery, or other communication shall be effective and shall be deemed to be received by the other Party within five business days after the notice has been deposited in the U.S.

Mail, duly registered or certified, with postage prepaid, and addressed as set forth above. Any Party may change the address information provided above by giving written notice to the othe r Party in the manner provided in this Agreement.

9.12 Covenants Run with Land . So long as this Agreement remains in effect, the obligations and benefits provided for in this Agreement shall run with the land obligated and benefited, respectively, and shall be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof. As such, it is the intent of the Parties that this Agreement and the promises, covenants, rights, and obligations set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Agreement, binding upon the Owner ’s successors in title and all subsequent owners and operators of the Property; (ii) are not merely personal covenants of the Owner; and (iii) shall bind the Owner and its respective successors and assigns during the term of this Agreement. Further, the Owner shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein.

9.13 Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
27 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 6 of 12 ends

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Out-of-Agency Service Agreement
6 (SIGNATURE PAGE FOLLOWS)

28 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 7 of 12 ends

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Out-of-Agency Service Agreement
7 IN WITNESS WHEREOF, t his Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: By:

Dane White, Mayor

OWNER(s)
Date: By:
[Name, Title]

Date: By:
[Name, Title]

(ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES

FOLLOW)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney

29 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 8 of 12 ends

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Out-of-Agency Service Agreement
8 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of sa tisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

City of Escondido

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
30 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 9 of 12 ends

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Out-of-Agency Service Agreement
9 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sam e in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

(OWNER)

Resolution No. 2026-59
Exhibit “A”

Page 10 of 12 ends

CAO: 2/26/2026
Out-of-Agency Service Agreement
10 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

(OWNER)

Resolution No. 2026-59
Exhibit “A”

Page 11 of 12 ends

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Out-of-Agency Service Agreement
11 Exhibit A

Legal Description of Property

33 Item5.

Resolution No. 2026-59
Exhibit “A”

Page 12 of 12 ends

CAO: 2/26/2026
Out-of-Agency Service Agreement
12 Exhibit B

Conditional Approval Letter

34 Item5.

Chair Kristi Becker
City of Solana Beach
Dane White
City of Escondido
John McCann, Alt.

City of Chula Vista
Administration
Keene Simonds, Executive Officer
2550 Fifth Avenue, Suite 725
San Diego, California 92103
T 619.321.3380
E [email protected]
www.sdlafco.org
Paloma Aguirre
County of San Diego
Joel Anderson
C
ounty of San Diego
Monica M. Steppe, A lt.

County of San Diego

Vice Chair Barry Willis
Alpine Fire Protection
Jo MacKenzie
Vis
ta Irrigation
David Drake, Alt.

Rincon del Diablo

Brigette Browning
General Public
Eileen Delaney, A lt.

General Public

Stephen Whitburn
City of San Diego
Marni von Wilpert, A
lt.

City of San Diego

Mar
ch 23, 2026
Del
ivered Electronically:

Gilad Dechner
2417 Haas Street
Escondido, CA 92025
[email protected]
SUBJ
ECT: Notice of Administrative Approval:

Contractual Wastewater Service Agreement for the City of Escondido to serve 2417 Haas Street (Assessor Parcel Number 239-330-66-00) | (LAFCO File No. OAS25-17)
Mr. Dech
ner:

Thi
s letter serves as formal notice of San Diego County Local Agency Formation Commission’s (LAFCO) administrative approval for the City of Escondido to establish contract wastewater service to the property located at 2417 Haas Street . This conditional approval is authorized under my powers pursuant to Government Code Section 56133 and adopted LAFCO policy and substantiated based on a review of written documentation demonstrating that the existing septic system has failed and poses a threat to public health. Specifically, approval follows a written recommendation from the County of San Diego’s Department of Environmental Health and Quality (DEHQ) to immediately transition the property to public wastewater should it be available.

Followi
ng review and consultation with the City of Escondido, the Executive Officer has waived the annexation requirement. This determination reflects local conditions, as annexation of the subject property to the City would result in the City of Escondido assuming responsibility for only a short segment of roadway frontage, while the remainder of the roadway would remain under County jurisdiction, creating an illogical and inefficient service arrangement. The approval is limited to authorizing the City of Escondido to enter into an outside of agency service agreement for wastewater service to the existing single -family dwelling unit on the property. Any future development or request to expand service would require separate LAFCO approval.

San Diego County
Local Agency Formation Commission
Regional Service Planning | Subdivision of the State of California Resolution No. 2026-59
Exhibit "B"

Page 1 of 4 ends

35 Item5.

San Diego LAFCO
March 23, 2026
2 | P a g e
Should you have any questions, please contact me by telephone at (619) 321-3380 or email at [email protected].

On
behalf of the Executive Officer,
Mi
chaela Peters
Local Government Analyst II
cc:

Sean McGlynn, City of Escondido, City Manager
Robert Barry, City of Escondido
Veronica Morones, City of Escondido
Sally Schifman, City of Escondido
Cara Schiksnis, County of San Diego - DEHQ
Keene Simonds, San Diego LAFCO
Priscilla Mumpower, San Diego LAFCO
Erica Sellen, San Diego LAFCO
Resolution No. 2026-59
Exhibit "B"

Page 2 of 4 ends

36 Item5.

Paloma Aguirre
County of San Diego
Joel Anderson
Cou
nty of San Diego
Monica M. Steppe, A lt.

County of San Diego
San Diego County
Local Agency Formation Commission
Regional Service Planning | Subdivision of the State of California Administration
Keene Simonds, Executive Officer
2550 Fifth Avenue, Suite 725
San Diego, California 92103
T 619.321.3380
www.sdlafco.org
[email protected]
Chair Kristi Becker
City of Solana Beach
Dane White
City of Escondido
John McCann, Alt.

Cit
y of Chula Vista
Stephen Whitburn
City of San Diego
Marni von Wilpert, Alt.

City of San Diego

Vice Chair Barry Willis
Alpine Fire Protection
Jo MacKenzie
Vis
ta Irrigation
David Drake, Alt.

R
incon del Diablo
Brigette Browning
General Public
Eileen Delaney, Al t.

General Public

CERTIFICATE OF ADMINISTRATIVE APPROVAL OF A

CONTRACTUAL WASTEWATER SERVICE AGREEMENT
Cit
y of Escondido / Gilad Dechner
(LAFCO File No. OAS25-17)
Ma
rch 23, 2026
In
accordance with California Government Code Section 56133, the San Diego County Local Agency Formation Commission (LAFCO) authorizes the City of Escondido to immediately provide extraterritorial wastewater service by contract to 2417 Haas Street, Escondido, CA 92025. The subject property is owned by Gilad Dechner and comprises one unincorporated parcel identified by the County of San Diego Assessor’s Office as 239-330-66-00. The authorized service is limited to supporting the approximate 3,608 square-foot single - family residence currently developed on the subject property.

A ma
p of the subject property is attached.

Confi
rmation:

ENE SIMONDS
Executive Officer
Mar
ch 23, 2026
Resolution No. 2026-59
Exhibit "B"

Page 3 of 4 ends

37 Item5.
5 5
5 San Pasqual High
Classical Academy
Bear Valley Middle

MARY LN

NABAL ST

BEAR VALLEY PY

HAAS ST

CODY LN

PRIVATE R
D

ALAMO LN

PRINCEST

ABERDEE
N
W
Y

ENTRA NCEDR

COUNTRY MEADOW LN

SIMONA PL

STRAWBERRY GLEN

COLE BROOK
NEE

DLEROCK PL

PIONEER PL

CHAMBERLAIN PL

PRIVATE RD

PRIVATE RD
}
OAS25-17
"2417 HAAS STREET OUT-OF-AGENCY
WASTEWATER SERVICES" |

CITY OF ESCONDIDO
§¨¦
§¨¦
§¨¦
}
§¨¦
}
}
Proposal Area
City of Escondido
City of Escondido SOI
SOI = Sphere of Influence

PACIFIC
OCEAN
§¨¦5
§¨¦15
}
78 CHULA VISTA
SAN
DIEGO

ESCONDIDO
§¨¦8

SAN DIEGO COUNTY

OCEANSIDE

RIVERSIDE COUNTY
Proposal Area §¨¦

MAP AREA
Ã
Ã
o
0 0.1 0.20.05
Miles
City of Escondido
Created by Dieu Ngu -- 1/15/2026G:\GIS\Vicinity_Maps\agendamaps2025\25-17 Haas St Escondido OAS.aprx This map is provided without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Copyright LAFCO and SanGIS. All Rights Reserved.This product may contain information from the SANDAG Regional Information System which cannot be reproduced without the written permission of SANDAG. This map has been prepared for descriptive purposes only and is considered accurate according to SanGIS and LAFCO data. §¨¦
§¨¦ §¨¦
Ã
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Map Area all within
City of Escondido SOI
Resolution No. 2026-59
Exhibit "B"

Page 4 of 4 ends

38 Item5.

Aerial Map, General Plan Designation, Zoning Designation Attachment "1"
39 Item5.

Attachment "1"
40 Item5.

Attachment "1"
41 Item5.

DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY
P.O. Box 129261, San Diego, CA 92112-9261 HEATHER BUONOMO (858) 505-6700 or (800) 253-9933 DIRECTOR OF ENVIRONMENTAL HEALTH www.sdcdehq.org

AMY HARBERT

DIRECTOR
November 12, 2025
Robert Barry
Planning Division
201 N. Broadway
Escondido, CA 92025-2798
RE: Public Sewer Connection Urgency; 2417 Haas Street; APN 239-330-66 Dear Mr. Barry,
The Department of Environmental Health & Quality (DEHQ) has received notification from Tunnel Plumbing and Drains (Lic. #1102033) that the onsite wastewater treatment system (OWTS) serving the existing residence at the address referenced above has failed and is in urgent need of replacement.

The leach field is partially encumbered by intrusive roots which do not allow for proper draining of the system. However, there is limited usable area available for a compliant replacement system on the lot, and public sewer exists within 100’ of the home. DEHQ requests the City of Escondido to allow this property to be annexed into to the city’s sewer district in order to connect as soon as possible.

If there are any questions, | can be reached at (619) 613-1397 and [email protected].

Thank you,
Cara Schianer
Cara Schiksnis
Environmental Health Specialist
Department of Environmental Health & Quality
C: Tunnell Plumbing and Drains, (760) 300-5327
“Environmental and public health through leadership, partnership and science” Attachment "2" 42
Item5.

Attachment "3"
43 Item5.

Sean McGlynn
City Manager
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4631 Fax: 760-839-4578
`
March 6, 2026
Keene
Simonds, Executive Officer
San Diego LAFCO
2550 Fifth Ave, Suite 725
San Diego, CA 92103
RE
: Request for LAFCO Approval of an Emergency Out-of-Agency Service Agreement – 2417 Haas St., Escondido CA 92025
Mr
. Simonds:

Th
e City of Escondido (City) has received a n emergency request from an affected landowner for an extension of City sewer service to unincorporated territory outside of the City’s incorporated boundaries and within the City’s adopted sphere of influence. The emergency request for out-of-agency sewer service is due to an existing or impending threat to the health or safety of the public and the residents of the affected territory, and a later change of organization to annex the unincorporated property to the City is anticipated. Per Government Code Section 56133(a), your Commission’s approval is hereby requested for the proposed emergency out-of-agency sewer service agreement and extension of City sewer service outside the City’s incorporated boundaries.

The a
ffected unincorporated property is located at 2417 Haas St reet and includes one 1.09-acre parcel (APN 239-330-66-00) developed in 19 90 with one single -family residence that utilizes an underground septic disposal system . In a letter dated November 12 , 2025 , the San Diego County Department of Environmental Health (DEH) confirmed that the property’s septic disposal system has failed and there is limited usable area available for a compliant replacement system on the lot . The DEH letter requests connection of the property to public sewer as soon as possible. The City of Escondido has existing sewer service available to the subject property from adjacent infrastructure within Haas St. The subject property owner would be responsible for all sewer connection costs and associated City and LAFCO fees.

Atta
ched to this request letter are copies of the DEH status letter for the property and the City’s Out-of- Agency Service (OAS) Agreement template which specifies all terms and conditions for proposed extensions of City sewer service. The OAS Agreement terms and conditions include a binding Irrevocable Offer to Annex that will relinquish any right of protest by current or subsequent landowners for the future annexation of the property to Escondido.

At th
is time, the City requests the LAFCO emergency out-of-agency service approval be conditioned for deferral of annexation of the subject property until the City is prepared to accept the adjoining unincorporated roadway segment of Haas Street, including obtaining future right-of-way dedications from adjacent unincorporated properties and frontage improvements to current City standards, and achieving contiguity of the subject property with the City’s incorporated boundary. The proposed OAS Agreement Attachment "4"
44 Item5.

March 6, 2026
2417 Haas St. Out-of-Agency Service Agreement Approval Request

Page 2 ends

condition for deferral of annexation would allow the City to abate the documented threat to the public health and safety of the subject unincorporated residents.

After receiving LAFCO’s Certificate of Approval for an Out of Agency Service Agreement, the emergency sewer service agreement for the subject property would proceed to the Escondido City Council for consideration. Following Council approval, the executed sewer service agreement would be recorded by the County Recorder and connection of the property to the City’s sewer collection system would be allowed per the terms and conditions of the OAS A greement. A copy of the recorded OAS Agreement would then be forwarded to the LAFCO office.

Please contact Robert Barry with the City of Escondido at 760-839-4537 or [email protected] should you have any questions or require additional information regarding this request.

Sincerely,

Sean McGlynn
City Manager

Enclosures

Cc: Kevin Snyder, Director of Development Services
Veronica Morones, Assistant Director of Development Services

Attachment "4"
45 Item5.

STAFF REPORT

April 8, 2026
File Number 0600-10; A-3586

SUBJECT
PL25-0131 – EMERGENCY OUT-OF-AGENCY SEWER SERVICE AGREEMENT AND ESTABLISHMENT OF RESIDENTIAL ESTATE PREZONING FOR 3216 NORTH BROADWAY

DEPARTMENT
Development Services Department, Planning Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-58, authorizing the Mayor to execute an emergency Out-of-Agency Sewer Service Agreement for an approximate 1.23-acre unincorporated property located at 3216 North Broadway (APN 187-500-59-00), and establish prezoning for the property as Residential Estate (RE-40) in anticipation of future annexation.

PREVIOUS ACTION
None
46 Item6.

Government Code Section 56133 allows a city to provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from LAFCO. The subject Emergency Out-of-Agency Sewer Service Agreement has been requested by the property owner in response to a documented failure of the existing single-family residence’s underground septic disposal system.

The subject unincorporated property is addressed as 3216 North Broadway (APN 187-500-59-00) and is located within the Escondido Sphere of Influence, but is not contiguous with the Escondido City boundary (Attachment “1”). The 1.23-acre property was developed in 1945 and contains one existing 576 square- foot single-family residence utilizing an underground septic disposal system. The property is bisected by Reidy Creek, which traverses the parcel north to south.

In a letter dated April 22, 2025, the San Diego County Department of Environmental Health ( “DEH”) confirmed that the existing septic system has failed due to high seasonal groundwater and stated that there is no suitable location on the property for a compliant replacement system (Attachment “2”). DEH has requested connection of the pro perty to the Escondido sewer system “as soon as possible” to minimize the risk to public health and the environment due to proximity to groundwater and Reidy Creek.

The unincorporated parcel is designated as Estate I (E1) in the Escondido General Plan, which allows one dwelling unit per 1, 2, 4, or 20 acres, dependent on slope, with a minimum lot size of 40,000 square-feet.

Establishment of prezoning is a LAFCO prerequisite for future annexation of the property to Escondido ; however, the property was p reviously prezoned in 1982 as Residential Agriculture (RA -5) due to its proximity to Reidy Creek and adjacent riparian habitat. The RA-5 zone is only used to implement the Rural I and Rural II General Plan designations, and requires a minimum lot size of 5 acres. Therefore, changing the prezoning designation for the 1.23-acre parcel to Residential Estate (RE -40) is recommended t o provide consistency with implementation of the existing Estate I General Plan designation for the property (Attachment “3”).

The subject Out-of-Agency Sewer Service Agreement ( Exhibit “A” to Resolution No. 2026 -58) includes conditions requiring the property owner to: initiate future annexation proceedings with LAFCO and submit all required application materials and fees; agree to a n Irrevocable Offer of Annexation, in which the owner and future owners agree to not oppose annexation to the City; and, pay all associated City and LAFCO annexation fees. Formal annexation of the property to Escondido will occur at a later time per the agreement.
47 Item6.

San Diego LAFCO policy requires a proposed out-of-agency service agreement to be initiated by written request of the city manager. Accordingly, the Escondido City Manager submitted a written request to LAFCO on June 26, 2025 (Attachment “4”) to provide administrative approval for the subject sewer service agreement. The subject agreement was then conditionally approved by the LAFCO Executive Officer on November 6, 2025 (Exhibit “B” to Resolution No. 2026-58).

ENVIRONMENTAL
The Out-of-Agency Service Agreement and extension of City sewer service to the property are exempt from environmental review under the California Environmental Quality Act (“CEQA”) , pursuant to CEQA Guidelines section 15303(d) for New Construction or Conversion of Small Str uctures, specifically related to the extension of a sewer connection of reasonable length, including any associated street improvements.

RESOLUTIONS
a. Resolution No. 2026-58
b. Resolution No. 2026-58 Exhibit “A” – Out-of-Agency Service Agreement c. Resolution No. 2026-58 Exhibit “B” – LAFCO Notice of Conditional Approval

ATTACHMENTS
a. Attachment “1”—Aerial Map, General Plan Designation, Zoning Designation b. Attachment “2”—San Diego County Department of Environmental Health, April 22, 2025 c. Attachment “3”—Proposed Prezoning Designation
d. Attachment “4”—City of Escondido Request for LAFCO Approval, June 26, 2025

48 Item6.

RESOLUTION NO. 2026-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AN EMERGENCY

OUT-OF-AGENCY SEWER SERVICE AGREEMENT, AND
ESTABLISHING RESIDENTIAL ESTATE (RE -40)

PREZONING FOR A N UNINCORPORATED PROPERTY
LOCATED AT 3216 NORTH BROADWAY
Case No. PL25-0131

WHEREAS, the City of Escondido (“City”) has received an emergency request to provide sewer service to a property outside of the City’s incorporated boundary and within the City’s adopted sphere of influence located at 3216 North Broadway (“Property”); and WHEREAS, the Property is all that real property described in Exhibit “A” to the Agreement; and WHEREAS, the City has received conditional approval from the San Diego County Local Agency Formation Commission (“LAFCO”) for an Emergency Out-of-Agency Sewer Agreement (“Agreement”), attached hereto as Exhibit “ B,” for the extension and provision of sewer services to one existing single- family residence on the Property; and
WHEREAS, the Property has a n existing General Plan land use designation of Estate I , with an existing prezoning designation of Residential Agriculture (“RA-5”); and, WHEREAS, the General Plan land use designation of Estate I is implemented through a zoning designation of Residential Estate (“RE-40”); and
WHEREAS, amending the Property’s prezoning designation from RA -5 to RE -40 would create consistency with the adopted General Plan land use designation for the Property, in compliance with Government Code section 65860 et al.; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.), the City has evaluated the actions contemplated by this Agreement. The City has determined that the pipeline and utility improvements 49 Item6.
necessary to facilitate water and/or wastewater services to the existing dwelling unit on the Property will consist of the construction and installation of minor utility extensions of reasonable length within existing disturbed public right-of-way and on private property, and therefore, are exempt from CEQA review under CEQA Guidelines §15303(d). Further, none of the exceptions set forth in CEQA Guidelines §15300.2 apply.

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

1. That the above recitations are true and correct.

2. The City Council, in its independent judgement, has determined the Project to be exempt from environmental review pursuant to CEQA Guidelines section 15303(d) for New Construction or Conversion of Small Structures, specifically related to the extension of a sewer connection of reasonable length, including any associated street improvements.

6. That the City Council approves establishment of prezoning for the property as Residential Estate (RE-40) consistent with the existing Estate I General Plan designation and in anticipation of a later annexation of the property.
50 Item6.

7. That the City Clerk of the City of Escondido is hereby authorized and directed to f ile a certified copy of this resolution to the executive officer of LAFCO.

8. That, at a public hearing on April 8, 2026, the City Council approves Resolution No. 2026- 58, authorizing the mayor to execute an out -of-agency sewer service agreement, and establishing Residential Estate (RE-40) prezoning for an unincorporated property located at 3216 North Broadway.

51 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
1 EXEMPT FROM FEES pursuant to
Gov’t Code §§ 6103, 27383, and 27388.1
(filing requested/executed by municipality)
RE

CORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Pl
anning Division
City of Escondido
201 North Broadway
Escondido, CA 92025-2798 Thi
s Space for Recorder’s Use Only
APN: 187-500-59-00_________________

OUT-OF-AG

ENCY SERVICE AGREEMENT
This OUT-OF-AGENCY SERVICE AGREEMENT (“Agreement”) is made and entered into as of the last signature date set forth below (“ Effective Date”), by and between the City of Escondido, a California municipal corporation (“ City”) and Mariann Mer Bowles, as Trustee of the Mariann (Mer) Bowles Trust, dated December 17, 2019 ( collectively referred to herein as “Owner”). (The City and Owner may each be referred to herein as a “Party” and collectively as the “Parties.”)

RECITALS
A. Owner possesses and owns that certain real property located at 3216 N Broadway, Escondido CA 92026, which is outside the jurisdictional boundary of the City, and within the unincorporated County of San Diego, as further described in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (“Property”).

B. Pursuant to California Government Code section 56133(a), the City may provide new or ex
tended services , as defined by California Government Code section 56074, by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the San Diego County Local Agency Formation Commission (“LAFCO”).

Resolution No. 2026-58
Exhibit "A"

Page 1 of 11 ends

52 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
2 E. I n accordance with California Government Code section 56133(b) and San Diego LAFCO’s local policies, LAFCO provided a conditional approval for the City to establish contract wastewater service to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory for one existing dwelling unit on the Property, which is within the City’s sphere of influence, and in anticipation of annexation at a later date as determined to be appropriate by the City, and subject to the LAFCO conditions stated therein and in a letter dated November 6, 2025, which is attached hereto as Exhibit B and incorporated herein by this reference (“Conditional Approval Letter”),
F. T he City and the Owner desire to enter into this Agreement so the City may provide wastewater service to one (1) existing dwelling unit on the Property, subject to Owner meeting all of the LAFCO conditions and any conditions otherwise expressed in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, the Parties hereby mutually agree as follows:

1. R
ecitals . The Recitals set forth above are included herein by reference as part of this Agreement and the Parties agree that said Recitals are essential facts to this Agreement.

3. Authority to Connect. Upon the Parties’ execution of this Agreement and Owner’s recordation of this Agreement in the County Recorder’s Office for San Diego County, and subject to all other terms and conditions of this Agreement, Owner may connect to the City’s sewer and water system (“Improvements”). Owner agrees to construct the Improvements in conformance with all applicable federal, state, and local laws and regulations. No construction of the Improvements shall occur without first securing all required permits and approvals from the City, County, or any other local agency or regulatory authority.

4. Irrevocable Offer of Annexation. O
wner hereby makes an irrevocable offer of annexation
of the Property to the City. Owner waives any right of protest in the annexation of the Property to the City provided for under the Act or any other law or policy. Such waiver shall be binding on Owner and its heirs, successors in interests, and assigns.

5. Conditions of Approval .

Owner agrees to meet all conditions, including each of the following:
a. At a future date, at the City’s sole discretion and upon the City’s request , Owner shall provide LAFCO a landowner-petition application to annex the Property to the City (“Annexation Petition”), along with the required filing fee. b. Owner shall provide LAFCO a signed and recorded copy of this Agreement. c. Any other conditions required by LAFCO.

Resolution No. 2026-58
Exhibit "A"

Page 2 of 11 ends

53 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
3 d. Within 10 days after execution of this Agreement by all Parties, Owner shall record this Agreement which shall run with the land and inure to and bind all successors in interest to the Property, with the Office of the County Recorder for San Diego County. e. At the time Owner files an Annexation Petition, Owner shall file a formal application for prezoning with the City and shall diligently and in good faith prosecute such application to completion.
f. Owner shall be responsible for all LAFCO and City fees and charges in relation to the application for prezoning, application for annexation, Improvements, future wastewater service connection, or otherwise in relation to this Agreement. g. This Agreement is limited to the provision of wastewater service to the existing one dwelling unit on the Property and shall not be construed to provide authority for the City’s provision of any additional service in relation to the Property in advance of annexation.

6. N
o Pre -Commitment
a. Notwithstanding any other provision of this Agreement, nothing herein shall commit or otherwise require the City, or be interpreted as requiring the City, to issue any permit , entitlement, or other approval in relation to the Improvements . Rather, the City and Owner acknowledge and agree that the City retains full discretionary authority with respect to the Improvements, and may approve, disapprove, modify, or condition the Improvements, or any portion thereof, as otherwise authorized by law. Owner acknow ledges and agrees that it is proceeding at its own risk and expense until such time as all required permits, entitlements, or other approvals are approved and without assurance that any required permits, entitlements, or other approvals will be approved.

7. T
erm . This Agreement shall commence on the Effective Date and shall remain in effect until the earlier of any of the following: (i) the Property is annexed into the City; or (ii) the Agreement is terminated by the City if Owner fails to meet any condition stated herein.

8. Indemnification. O wner (including Owner’s agents, employees, contractors, and subcontractors, if any) shall hold harmless, defend (with counsel reasonably acceptable to the City), and indemnify the City, its boards, commissions, departments, officials, officers, agents, employees, and volunteers 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, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “ Claims”), and any attorney’s, consultant, or expert fees and City staff costs for investigating or responding to any Claims, incurred in connection with or arising in whole or in part from this Agreement, the use of the Improvements by the Owner (including Owner’s agents, employees, invitees, contractors, and subcontractors, if any), the condition of the Improvements , or any related construction or other work undertaken on the Property, including without limitation (i) any death or bodily injury to a person; (ii) any injury to, loss, or theft of tangible or intangible property, including economic loss; or (iii) any other loss, damage, or expense sustained by the Owner in connection with any work or obligations performed in connection with this Agreement, except for any liability resulting from the active negligence, sole negligence, or willful misconduct of the City. The duty to defend the City as described in this Paragraph 8 shall apply regardless of whether any Claims are groundless, Resolution No. 2026-58
Exhibit "A"

Page 3 of 11 ends

54 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
4 fraudulent, or false. All obligations under this Paragraph 8 shall survive the termination of this Agreement.

9. M iscellaneous .

9.2 Entire Agreement . This Agreement, together with its attachments or other documents, if any, described or incorporated herein, contains the entire agreement and understanding concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. Each of the Parties hereto acknowledges that no other Party, nor the agents nor the attorneys for any Party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein.

9.3 Amendment. This Agreement may not be amended except in a writing signed by all of the Parties hereto, and then only in the specific instance and for the specific purpose given.

Any such amendment shall be recorded with the Office of the County Recorder for the County of San Diego.

9.5 Advice of Counsel. The Parties hereby acknowledge that they have executed this Agreement after having the opportunity to consult with, and receive the advice of, their own counsel.

9.6 Capacity. Each individual signing this Agreement represents and warrants that he or she has been authorized to do so by proper action of the Party on whose behalf he or she has signed.

9.7 Headings. Section headings are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.

9.8 Attorney’s Fees. In any action to enforce the terms of this Agreement, the Parties agree that the prevailing party shall be entitled to its reasonable attorney’s fees and all costs, fees, and expenses, including the fees of expert witnesses and consultants, whether or not such costs, fees, and expenses are recoverable or allowed as costs under section 1033.5 of the California Code of Civil Procedure. In addition to the foregoing award of attorney’s fees and costs, the prevailing party shall be entitled to its attorney’s fees and costs incurred in any post-judgment proceedings to collect or enforce any judgment. This provision is separate and shall survive the merger of this provision into any judgment on this Agreement.

Resolution No. 2026-58
Exhibit "A"

Page 4 of 11 ends

55 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
5 9.9 Counterparts. T his Agreement may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document.

9.10 Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

9.11 Notice. All notices, demands, approvals, or consents provided for in this Agreement shall be in writing and delivered to the appropriate Party at its address as follows:

I
f to the City:

Director of Development Services
City of Escondido
201 N. Broadway
Escondido, CA 92025
If t o Owner:

Mariann M Bowles
3216 N Broadway
Escondido, CA 92026

Any notice, delivery, or other communication shall be effective and shall be deemed to be received by the other Party within five business days after the notice has been deposited in the U.S. Mail, duly registered or certified, with postage prepaid, and addressed as set forth above. Any Party may change the address information provided above by giving written notice to the other Party in the manner provided in this Agreement.

9.12 Covenants Run with Land. So long as this Agreement remains in effect, the obligations and benefits provided for in this Agreement shall run with the land obligated and benefited, respectively, and shall be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof. As such, it is the intent of the Parties that this Agreement and the promises, covenants, rights, and obligations set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Agreement, binding upon the Owner ’s successors in title and all subsequent owners and operators of the Property; (ii) are not merely personal covenants of the Owner ; and (iii) shall bind the Owner and its respective successors and assigns during the term of this Agreement. Further, the Owner shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein.

Page 5 of 11 ends

56 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
6 IN WITNESS WHEREOF, t his Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date:

By:

Dane White, Mayor

OW
NER(s)
Date: By:
[Name, Title]

Date:

By:
[Name, Title]

(
ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES

FOLLOW)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney

Resolution No. 2026-58
Exhibit "A"

Page 6 of 11 ends

57 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
7 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

City of Escondido

Resolution No. 2026-58
Exhibit "A"

Page 7 of 11 ends

58 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
8 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

(OWNER)

Resolution No. 2026-58
Exhibit "A"

Page 8 of 11 ends

59 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
9 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

(OWNER)

Resolution No. 2026-58
Exhibit "A"

Page 9 of 11 ends

60 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
10 E
xhibit A
L
egal Description of Property
E
xhibit B
Resolution No. 2026-58
Exhibit "A"

Page 10 of 11 ends

61 Item6.

CAO: 2/26/2026
Out-of-Agency Service Agreement
11 Conditional Approval Letter
Resolution No. 2026-58
Exhibit "A"

Page 11 of 11 ends

62 Item6.

Administration
Keene Simonds, Executive Officer
2550 Fifth Avenue, Suite 725
San Diego, California 92103
T 619.321.3380
E [email protected]
www.sdlafco.org
Paloma Aguirre
County of San Diego
Joel Anderson
County of San Diego
Monica M. Steppe, Alt.

County of San Diego
San Diego County
Local Agency Formation Commission
Regional Service Planning | Subdivision of the State of California Vice Chair Barry Willis
Alpine Fire Protection
Jo MacKenzie
Vista Irrigation
David Drake, Alt.

Rincon del Diablo
Kristi Becker
City of Solana Beach
Dane White
City of Escondido
John McCann Alt.

City of Chula Vista
Brigette Browning
General Public
Eileen Delaney, Alt.

General Public
Chair Stephen Whitburn
City of San Diego
Marni von Wilpert, Alt.

City of San Diego
November 6, 2025
Delivered Electronically:

Mer Bowles
3216 North Broadway
Escondido, CA 92026
[email protected]
SUBJECT: Notice of Commission Approval | “Bowles – N. Broadway Out -of-Agency Wastewater Services” Contractual Wastewater Service Agreement for the City of Escondido to serve Assessor Parcel Number 187-500-59 (LAFCO File No. OAS25-14)
Ms. Bowles:

This letter serves as formal notice of San Diego County Local Agency Formation Commission (LAFCO)’s approval for the City of Escondido to establish contract wastewater service for the property located at 3216 North Broadway (APN# 187-500-59) in th e Hidden Meadows community. The approval is authorized under Government Code Section 56133 and adopted LAFCO policy. The approval is limited to authorizing the City to enter into an outside wastewater service agreement for the planned demolition and reconstruction of the existing single-family residence and addition of an accessory dwelling unit (ADU). Any additional uses – including but not limited to, junior ADUs, childcare facilities or other allowances contemplated under zoning – are not covered.

Should you have any questions, please call ( 858) 298 -7280 or email me at [email protected].

Sincerely,
Meghan Traynor
Local Government Analyst I
cc: Keene Simonds, LAFCO Executive Officer
Priscilla Mumpower, Assistant Executive Officer
Erica Sellen, LAFCO Executive Assistant
Robert Barry, City of Escondido
Resolution No. 2026-58
Exhibit "B"

Page 1 of 2 ends

63 Item6.

Rincon del Diablo
Kristi Becker
City of Solana Beach
Dane White
City of Escondido
John McCann Alt.

City of Chula Vista
Brigette Browning
General Public
Eileen Delaney, Alt.

General Public
Chair Stephen Whitburn
City of San Diego
Marni von Wilpert, Alt.

City of San Diego

CERTIFICATE OF APPROVAL OF A

CONTRACTUAL WASTEWATER SERVICE AGREEMENT
City of Escondido / Mer Bowles
(LAFCO File No. OAS25-14)
November 3, 2025
In accordance with California Government Code Section 56133, the San Diego County Local Agency Formation Commission (LAFCO) authorizes the City of Escondido to immediately provide extraterritorial wastewater service by contract to an unincorporated parcel located along North Broadway in the Hidden Meadows Community. The subject property is owned by Mer Bowles and identified by the County of San Diego Assessor’s Office as 187-500-59. The approval is limited to authorizing the City of Escondido to enter into an outside wastewater service agreement for the planned demolition and reconstruction of the existing single-family residence and addition of an accessory dwelling unit (ADU).

Confirmation:

KEENE SIMONDS
Executive Officer
November 6, 2025
Resolution No. 2026-58
Exhibit "B"

Page 2 of 2 ends

64 Item6.

Aerial Map, General Plan Designation, Zoning Designation Attachment "1"
65 Item6.

Attachment "1"
66 Item6.

Attachment "1"
67 Item6.

Attachment "2"
68 Item6.

Attachment "3"
69 Item6.

Attachment "4"
70 Item6.

Attachment "4"
71 Item6.

STAFF REPORT

April 8, 2026
File Number 0600-10; A-3587

SUBJECT
PL24-0263 – OUT-OF-AGENCY SEWER SERVICE AGREEMENT AND ESTABLISHMENT OF RESIDENTIAL ESTATE PREZONING FOR 452 BEAR VALLEY PARKWAY

DEPARTMENT
Development Services Department, Planning Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-57, authorizing the Mayor to execute an Out-of- Agency Sewer Service Agreement for an approximate 0.62-acre unincorporated property located at 452 Bear Valley Parkway (APN 239-060-05-00), and establishing prezoning for the property as Residential Estate (RE-20) in anticipation of a future annexation.

Staff Recommendation: Approval (Development Services: Kevin Snyder, Director Development Services)
Presenter: Robert Barry, AICP, Senior Planner
ESSENTIAL SERVICE – Yes, Sewer; Public Works/Infrastructure COUNCIL PRIORITY –

PREVIOUS ACTION
In 2022, an emergency request for an Out-of-Agency Service Agreement was approved for a single-family residence at 450 Bear Valley Parkway (PL23-0385) due to a documented failure of the residence’s septic disposal system. Approval of Resolution No. 2022-36 authorized the Mayor to execute the Out-of-Agency Service Agreement.

72 Item7.

In 2024, the property owner of 450 Bear Valley Parkway (APN 239-060-05-00) received approval from San Diego County for an urban lot split under Senate Bill 9 (SB9) to develop a 3,771 square-foot single-family residence with an attached 1,008 square -foot garage on a second parcel. As part of the SB9 lot split application submittal to the County, the property owner obtained a service availability acknowledgement from the Escondido Utilities Services Department ; however, the service availability form was addressed as 450 Bear Valley Parkway. As the new home and garage are on a new, separate parcel, addressed as 452 Bear Valley Parkway , a separate con nection to the sewer system is required; therefore, the new development requires its own LAFCO and City approvals for out -of-agency sewer service. While the new Out-of-Agency Service Agreement was not requested in response to a documented health and safety emergency, the request was accepted in anticipation of a later annexation and subject to the terms and conditions of the Out-of-Agency Service Agreement (Exhibit “A” to Resolution No. 2026-57).

The 0.62-acre unincorporated parcel is designated as Estate II (E2) in the Escondido General Plan , which allows up to two dwelling units per acre with a minimum lot size of 20,000 square-feet (Attachment “1”).

Establishment of prezoning is a LAFCO prerequisite for future annexation of the propert y to Escondido.

Therefore, a prezone designation of Residential Estate (RE-20) is recommended as it correlates with the existing General Plan designation for the property. (Attachment “2”).

Government Code Section 56133 allows a city to provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from LAFCO. San Diego LAFCO policy requires a proposed out-of-agency service agreement to be initiated by written request of the city manager. Accordingly, the Escondido City Manager submitted a written request to LAFCO on September 13, 2024 (Attachment “3”) to provide administrative approval for the subject sewer service agreement. The subject agreement was then conditionally approved by the LAFCO Executive Officer on August 8, 2025 (Exhibit “B” to Resolution No. 2026 -2026-57). The LAFCO service agreement approval expands the prior OAS Agreement’s conditional approval for 450 Bear Valley Parkway to allow for service connection for the second dwelling unit , and a potential accessory dwelling unit, at 452 Bear Valley Parkway via private lateral to the City’s existing sewer infrastructure located within Bear Valley Parkway.

ENVIRONMENTAL
The Out-of-Agency Service Agreement and extension of City sewer service to the property are exempt from environmental review under the California Environmental Quality Act (“CEQA”) , pursuant to CEQA Guidelines section 15303(d) for New Construction or Conversion of Small Structures, specifically related 73 Item7.

to the extension of a sewer connection of reasonable length, including any associated street improvements.

RESOLUTIONS
a) Resolution No. 2026-57
b) Resolution No. 2026-57 Exhibit “A” – Out-of-Agency Service Agreement c) Resolution No. 2026-57 Exhibit “B” – LAFCO Notice of Conditional Approval

ATTACHMENTS
a) Attachment “1”—Aerial Map, General Plan Designation, Zoning Designation b) Attachment “2”—Proposed Prezoning Designation
c) Attachment “3”—City of Escondido Request for LAFCO Approval, September 13, 2024

74 Item7.

Aerial Map, General Plan Designation, Zoning Designation Attachment "1"
75 Item7.

Attachment "1"
76 Item7.

Attachment "1"
77 Item7.

Attachment "2"
78 Item7.

Sean McGlynn, City Manager
201 North Broadway, Escondido, CA 92025
Phone: 760-839-4631 Fax: 760-839-4578
September 13, 2024
Keene Simonds, Executive Officer
San Diego LAFCO
2550 Fifth Ave, Suite 725
San Diego, CA 92103
RE: Request for LAFCO Approval of an Out-of-Agency Service Request - 452 Bear Valley Parkway, Escondido CA 92025
Mr. Simonds:

The City of Escondido has received a request from an affected landowner for an extension of City sewer service to unincorporated territory outside of the City's boundaries and within the City's sphere of influence in advance of a future change of organization to annex the property. Your Commission's approval is requested for the proposed out-of-agency sewer service agreement and extension of sewer service outside the City's boundaries.

The affected property is located at 452 Bear Valley Parkway and includes one unincorporated parcel (APN 239-060-05-00) developed with one single-family residence addressed as 450 Bear Valley Parkway. The residence addressed at 450 Bear Valley Parkway is currently connected to the Escondido sewer system via a previously-approved OAS due to failure of the property's septic system. The property owner has subsequently developed a second single-family residence addressed as 452 Bear Valley Parkway on the parcel and is requesting approval for an OAS sewer agreement with Escondido to serve the second unit.

The City of Escondido has sewer service available to the subject property from adjacent infrastructure located within Bear Valley Parkway. The property owner would be responsible for all connection costs and fees. Attached to this request letter is a copy of Escondido's standard Out-of-Agency Service Agreement template which specifies all terms and conditions for proposed extensions of City sewer service.

After receiving LAFCO's Certificate of Approval for an Out of Agency Service Agreement, the conformed sewer service agreement for the subject property would go to the Escondido City Council for consideration. Following Council approval, the sewer service agreement would be recorded by the County Recorder and connection of the property to the City's sewer collection system would be allowed per the terms and conditions of the service agreement. A copy of the recorded service agreement would be forwarded to the LAFCO office.

Attachment "3"
79 Item7.

September 13, 2024
452 Bear Valley Pkwy. Out of Agency Service Agreement Request Page2
Please contact Robert Barry at 760-839-4537 or [email protected] with the City of Escondido should you have any questions or require additional information regarding this request.

Enclosures
Sincerely,
Sean McGlynn
City Manager
cc: Christopher W. McKinney, Deputy City Manager
Veronica Morones, City Planner
Attachment "3"
80 Item7.

RESOLUTION NO. 2026-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AN OUT-OF-

AGENCY SEWER SERVICE AGREEMENT, AND
ESTABLISHING RESIDENTIAL ESTATE (RE -20)

PREZONING FOR A N UNINCORPORATED PROPERTY
LOCATED AT 452 BEAR VALLEY PARKWAY
Case No. PL24-0263

WHEREAS, the City of Escondido (“City”) has received a request to provide sewer service to a property outside of the City’s incorporated boundary and within the City’s adopted sphere of influence located at 452 Bear Valley Parkway (“Property”); and
WHEREAS, the Property is all that real property described in Exhibit A to the Agreement (Exhibit “A)”; and
WHEREAS, the City has received conditional approval from the San Diego County Local Agency Formation Commission (“LAFCO”) for an Out-of-Agency Sewer Agreement (“Agreement”), attached hereto as Exhibit “B,” for the extension and provision of sewer services to one single-family residence on the Property; and
WHEREAS, the Property has a General Plan land use designation of Estate II, which is implemented through a zoning designation of RE-20; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.), the City has evaluated the actions contemplated by this Agreement. The City has determined that the pipeline and utility improvements necessary to facilitate water and/or wastewater services to the existing dwelling unit on the Property will consist of the construction and installation of minor utility extensions of reasonable length within existing disturbed public right-of-way and on private property, and therefore, are exempt from CEQA review under CEQA Guidelines §15303(d). Further, none of the exceptions set forth in CEQA Guidelines §15300.2 apply. 81 Item7.

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

1. That the above recitations are true and correct.

2. That the City Council, in its independent judgement, has determined the Project to be exempt from environmental review pursuant to CEQA Guidelines section 15303(d) for New Construction or Conversion of Small Structures, specifically related to the extension of a sewer connection of reasonable length, including any associated street improvements.

4. That this agreement is necessary in order for the area to receive urban services available from the City of Escondido to a single-family dwelling unit in a residential zone in anticipation of a later change of organization.

6. That the City Council approves establishment of prezoning for the property as Residential Estate (RE-20) consistent with the existing Estate II General Plan designation and in anticipation of a later annexation of the property.

7. That the City Clerk of the City of Escondido is hereby authorized and directed to file a certified copy of this Resolution to the executive officer of LAFCO.

8. That, at a public hearing on April 8, 2026, the City Council approves Resolution No. 2026- 57, authorizing the mayor to execute an out -of-agency sewer service agreement, and establishing Residential Estate (RE-20) prezoning for an unincorporated property located at 452 Bear Valley Parkway. 82 Item7.

CAO: 2/2/2022
Out-of-Agency Service Agreement
1 EXEMPT FROM FEES pursuant to
Gov’t Code §§ 6103, 27383, and 27388.1
(filing requested/executed by municipality)
REC

ORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Pla
nning Division
City of Escondido
201 North Broadway
Escondido, CA 92025-2798
This
Space for Recorder’s Use Only
APN: _239-060-05-00_________________

OUT-OF-AGE

NCY SERVICE AGREEMENT
This
OUT-OF-AGENCY SERVICE AGREEMENT (“ Agreement”) is made and entered into as of the last signature date set forth below (“ Effective Date ”), by and between the City of Escondido, a California municipal corporation (“ City”) and Adam Fares and May Fares, as co - Trustees of the Fares Family Trust , U/A dated March 1, 2021 ( collectively referred to herein as “Owner”). (The City and Owner may each be referred to herein as a “Party” and collectively as the “Parties.”)
RECI
TALS
A. Owner possesses and owns that certain real property located at 452 Bear Valley Pkwy., which is outside the jurisdictional boundary of the City, and within the unincorporated County of San Diego, as further described in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (“Property”).

B. Pursuant to California Government Code section 56133(a), the City may provide new or extended services outside its jurisdictional boundary only if it first requests and receives written approval from the San Diego County Local Agency Formation Commission (“LAFCO”).

C. Pursuant to California Government Code section 56133( b), LAFCO may authorize the City to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization.

D. In accordance with California Government Code section 56133 and LAFCO’s local policies, in a letter dated August 8, 2025, which is attached hereto as Exhibit B and incorporated herein by this reference (“Conditional Approval Letter”), LAFCO provided a conditional approval for the City to establish contract wastewater service for the Property, limited to the existing one dwelling unit on the Property and subject to the LAFCO conditions stated therein.

E. The C
ity and the Owner desire to enter into this Agreement so the City may provide wastewater service to the existing one dwelling unit on the Property, subject to Owner meeting all of the LAFCO conditions and any conditions otherwise expressed in this Agreement.

Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
2 AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, the Parties hereby mutually agree as follows:

1. R ecitals. The Recitals set forth above are included herein by reference as part of this Agreement and the Parties agree that said Recitals are essential facts to this Agreement.

2. Applicability of Government Code. This Agreement is made pursuant to the Cortese- Knox-Hertzberg Local Government Reorganization Act (California Government Code section 56000 et seq.) (“Act”) and is subject to all of the provisions of the Act , including but not limited to Government Code section 56133.

3. Authority to Connect. Upon the Parties’ execution of this Agreement and Owner’s recordation of this Agreement in the County Recorder’s Office for San Diego County, and subject to all other terms and conditions of this Agreement, Owner may connect to the City’s sewer system (“Improvements”). Owner agrees to construct the Improvements in conformance with all applicable federal, state, and local laws and regulations. No construction of the Improvements shall occur without first securing all required permits and approvals from the City, County, or any other local agency or regulatory authority, and without first completing environmental review pursuant to the California Environmental Quality Act (“CEQA”).

4. Irrevocable Offer of Annexation . O
wner hereby makes an irrevocable offer of
annexation of the Property to the City. Owner waives any right of protest in the annexation of the Property to the City provided for under the Act or any other law or policy. Such waiver shall be binding on Owner and its heirs, successors in interests, and assigns.

5. Conditions of Approval. This
Agreement shall be subject to all LAFCO conditions:
a. Owner agrees to meet all LAFCO conditions, including each of the following:
(i.) Owner shall provide LAFCO a completed contractual service agreement form along with the required application filing fee. (ii.) Owner shall provide LAFCO a landowner -petition application to annex the Property to the City (“Annexation Petition”), along with the required filing fee. (iii.) Owner shall provide LAFCO a signed copy of this Agreement. b. Within 10 days after execution of this Agreement by all Parties, Owner shall record this Agreement with the Office of the County Recorder for San Diego County. c. Owner shall execute and record an agreement approved by LAFCO that consents to annexation of the Property into the City, which Agreement shall run with the land and inure to and bind all successors in interest to the Property. Owner shall undertake all prezoning and associated environmental review and pay all associated City and LAFCO fees related to the annexation of the Property.
d. As a condition to annexation, Owner shall apply to the City to have the Property prezoned, a discretionary act that will require environmental review. At the time Owner Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
3 files an Annexation Petition, Owner shall file a formal application for prezoning with the City and shall diligently and in good faith prosecute such application to completion. e. Owner shall be responsible for all LAFCO and City fees and charges in relation to the application for prezoning, application for annexation, Improvements, future wastewater service connection, or otherwise in relation to this Agreement. f. This Agreement is limited to the provision of wastewater service to the existing one dwelling unit on the Property and shall not be construed to provide authority for the City’s provision of any additional service in relation to the Property.

6. N
o Pre -Commitment; Final Action Subject to Environmental Review. a. Notwithstanding any other provision of this Agreement, nothing herein shall commit or otherwise require the City, or be interpreted as requiring the City, to issue any permit , entitlement, or other approval in relation to the Improvements. Rather, the City and Owner acknowledge and agree that the City retains full discretionary authority with respect to the Improvements, and may approve, disapprove, modify, or condition the Improvements, or any portion thereof, as otherwise authorized by law. Owner acknowledges and agrees that it is proceeding at its own risk and expense until such time as all required permits, entitlements, or other approvals are approved and without assurance that any required permits, entitlements, or other approvals will be approved.
b. The City shall not enter into any agreement that will allow for the construction of the Improvements until there has been appropriate compliance with CEQA. The City, through the planning process with Owner as to the Improvements, will identify the actions and activities that would be necessary to construct the Improvements and thereby facilitate meaningful environmental review.

7. T
erm . This Agreement shall commence on the Effective Date and shall remain in effect until the earlier of any of the following: (i) the Property is annexed into the City; or (ii) the Agreement is terminated by the City if Owner fails to meet any condition stated herein.

8. Indemnification. O wner (including Owner’s agents, employees, contractors, and subcontractors, if any) shall hold harmless, defend (with counsel reasonably acceptable to the City), and indemnify the City, its boards, commissions, departments, officials, officers, agents, employees, and volunteers 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, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “ Claims”), and any attorney’s, consultant, or expert fees and City staff costs for investigating or responding to any Claims, incurred in connection with or arising in whole or in part from this Agreement, t he use of the Improvements by the Owner (including Owner’s agents, employees, invitees, contractors, and subcontractors, if any), the condition of the Improvements, or any related construction or other work undertaken on the Property, including without limitation (i) any death or bodily injury to a person; (ii) any injury to, loss, or theft of tangible or intangible property, including economic loss; or (iii) any other loss, damage, or expense sustained by the Owner in connection with any work or obligations performed in connection with this Agreement, except for any liability resulting from the active negligence, sole negligence, or Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
4 willful misconduct of the City. The duty to defend the City as described in this Paragraph 10 shall apply regardless of whether any Claims are groundless, fraudulent, or false. All obligations under this Paragraph 10 shall survive the termination of this Agreement.

9. M iscellaneous .

12.1 Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any litigation arising out of this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

12.2 Entire Agreement. This Agreement, together with its attachments or other documents, if any, described or incorporated herein, contains the entire agreement and understanding concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. Each of the Parties hereto acknowledges that no other Party, nor the agents nor the attorneys for any Party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein.

12.3 Amendment. This Agreement may not be amended except in a writing signed by all of the Parties hereto, and then only in the specific instance and for the specific purpose given.

Any such amendment shall be recorded with the Office of the County Recorder for the County of San Diego.

12.4 Independent Investigation. The Parties acknowledge that they have conducted an independent investigation of the facts concerning the subject matter of this Agreement. The Parties agree that the factual recitals are correct and expressly assume the risk that the true facts concerning the foregoing may differ from those currently understood by them.

12.5 Advice of Counsel. The Parties hereby acknowledge that they have executed this Agreement after having the opportunity to consult with, and receive the advice of, their own counsel.

12.6 Capacity. Each individual signing this Agreement represents and warrants that he or she has been authorized to do so by proper action of the Party on whose behalf he or she has signed.

12.7 Headings. Section headings are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.

12.8 Attorney’s Fees. In any action to enforce the terms of this Agreement, the Parties agree that the prevailing party shall be entitled to its reasonable attorney’s fees and all costs, fees, and expenses, including the fees of expert witnesses and consultants, whether or not such costs, fees, and expenses are recover able or allowed as costs under section 1033.5 of the California Code of Civil Procedure. In addition to the foregoing award of attorney’s fees and costs, the prevailing party shall be entitled to its attorney’s fees and costs incurred in any post -judgment proceedings to collect or enforce any judgment. This provision is separate and shall survive the merger of this provision into any judgment on this Agreement.

Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
5 12.9 Counterparts. This Agreement may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document.

12.10 Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

12.11 Notice. All notices, demands, approvals, or consents provided for in this Agreement shall be in writing and delivered to the appropriate Party at its address as follows:

I
f to the City :

Director of Development Services
City of Escondido
201 N. Broadway
Escondido, CA 92025
If t
o Owner :

Adam Fares and May Fares
Fares Family Trust
450 Bear Valley Pkwy
Escondido, CA 92025

12.12 Covenants Run with Land. So long as this Agreement remains in effect, the obligations and benefits provided for in this Agreement shall run with the land obligated and benefited, respectively, and shall be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof. As such, it is the intent of the Parties that this Agreement and the promises, covenants, rights, and obligations set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Agreement, binding upon the Owner’s successors in title and all subsequent owners and operators of the Property ; (ii) are not merely personal covenants of the Owner; and (iii) shall bind the Owner and its respective successors and assigns during the term of this Agreement. Further, the Owner shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein.

12.13 Effective Date . Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.

Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
6 (SIGNATURE PAGE FOLLOWS)

Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
7 IN WITNESS WHEREOF, t his Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: By
Dane White, Mayor

OWNER(s)

Date: By

Adam Fares, co-Trustee, Fares Family Trust,
U/A dated March 1, 2021

Date: By

May Fares, co-Trustee, Fares Family Trust,
U/A dated March 1, 2021

(ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES FOLLOW)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney

Resolution No. 2026-57
Exhibit "A"

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89 Item7.

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Out-of-Agency Service Agreement
8 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

City of Escondido

Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
9 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

(OWNER)

Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
10 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

(OWNER)

Resolution No. 2026-57
Exhibit "A"

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Out-of-Agency Service Agreement
11 Exhibit A

Legal Description of Property

Resolution No. 2026-57
Exhibit "A"

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93 Item7.

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Out-of-Agency Service Agreement
12 Exhibit B

Conditional Approval Letter

Resolution No. 2026-57
Exhibit "A"

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94 Item7.

Administration
Keene Simonds, Executive Officer
2550 Fifth Avenue, Suite 725
San Diego, California 92103
T 619.321.3380
E [email protected]
www.sdlafco.org

Paloma Aguirre
County of San Diego
Joel Anderson
Count
y of San Diego
Monica M. Steppe, Alt.

C
ounty of San Diego

San Diego County
Local Agency Formation Commission
Regional Service Planning | Subdivision of the State of California Vice Chair Barry Willis
Alpine Fire Protection
Jo MacKenzie
Vist
a Irrigation
David Drake, Alt.

Rincon del Diablo

Kristi Becker
City of Solana Beach
Dane White
City of Escondido
John McCann Alt.

C
ity of Chula Vista

Brigette Browning
General Public
Eileen Delaney, Alt.

General Public

Chair Stephen Whitburn
City of San Diego
Marni von Wilpert, Alt.

City of San Diego

August 8, 2
025
Delivered Electronically:

Adam Fares
450 and 452 Bear Valley Parkway
Escondido, CA 92025
[email protected]

SUBJECT
: Notice of Commission Approval |
Contractual Wastewater Service Agreement for the City of Escondido to Serve Assessor Parcel Number 239-060-05 | (LAFCO File No. OAS24-16) Mr. Fares:

This lett
er serves as formal notice the San Diego County Local Agency Formation Commission (LAFCO) conditionally approved the above-referenced request with standard terms at a public meeting held on August 4, 2025. The approved request authorizes the City of Escondido to extend out-of-agen
cy wastewater service to an unincorporated 0.6-acre p
arcel located at 452
Bear Valley Parkway (APN# 239-060-05). Specifically, the action expands a prior approval to also include contract wastewater service a new second single -family residence in support of
a pending Senate Bill (SB) 9 lot split. The approval also provides related service allowances to accommodate accessory dwelling units (ADUs) for both single-family residences.

Should
you have any questions, please call ( 858) 298-7280 or email me at [email protected].

Sincer
ely,
Megh
an Traynor
Local Government Analyst I
cc: Keene Simonds, LAFCO Executive Officer
Priscilla Mumpower, Assistant Executive Officer
Erica Sellen, LAFCO Executive Assistant
Robert Barry, City of Escondido
Veronica Morones, City of Escondido
Resolution No. 2026-57
Exhibit "B"

Page 1 of 2 ends

95 Item7.

Administration
Keene Simonds, Executive Officer
2550 Fifth Avenue, Suite 725
San Diego, California 92103
T 619.321.3380
E [email protected]
www.sdlafco.org

Paloma Aguirre
County of San Diego
Joel Anderson
Cou
nty of San Diego
Monica M. Stepp e, Alt.

County of San Diego

Rincon del Diablo

Kristi Becker
City of Solana Beach
Dane White
City of Escondido
John McCann Alt.

City of Chula Vista

Brigette Browning
General Public
Eileen Delaney, Alt.

General Public

Chair Stephen Whitburn
City of San Diego
Marni von Wilpert, Al t.

City of San Diego

RTIFICATE OF APPROVAL OF A

CONTRACTUAL WASTEWATER SERVICE AGREEMENT
Cit
y of Escondido / Adam Fares
(LAFCO File No. OAS24-16)
Aug
ust 8, 2025
In a
ccordance with California Government Code Section 56133, the San Diego County Local Agency Formation Commission (LAFCO) authorizes the City of Escondido to immediately provide extraterritorial wastewater service by contract to an unincorporated parcel located along Bear Valley Parkway in Escondido. The subject property is owned by Adam Fares and identified by the County of San Diego Assessor’s Office as 239-060-05. The approval is limited to authorizing the City of Escondido to enter into an outside wastewater service agreement for the new single-family residence constructed via a Senate Bill (SB) 9 lot split with related service allowances to accommodate accessory dwelling units (ADUs) for both existing single-family residences.

Confi
rmation:

ENE SIMONDS
Executive Officer
Augus
t 8, 2025
Resolution No. 2026-57
Exhibit "B"

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96 Item7.

STAFF REPORT

April 8, 2026
File Number 0800-40

SUBJECT
PL26-0088: RESOLUTION NO. 2026 -64 AUTHORIZING REVOCATION OF CONDITION OF APPROVAL SPECIFIED IN EXHIBIT “E” OF RESOLUTION NO. 2024-183R PERTAINING TO CONDITIONAL USE PERMIT PH19-0049

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2026 -64 revoking Street Improvements and Traffic Condition of Approval No. 5 specified in Exhibit “E” of Resolution No. 2024 -183R approved by the City Council on December 4, 2024 subject to the following conditions: a) payment to the City of a one-time fee of $50,000; and b) full and complete assignment to the City of previously approved traffic signal plans for the Rock Springs Road and Lincoln Avenue intersection.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Kevin Snyder, AICP, Development Services Director ESSENTIAL SERVICE – Yes, Land Use/Development; Public Works/Infrastructure COUNCIL PRIORITY – Be Business Friendly; Build Trust and Acc ountability; Drive Community and Land Development

FISCAL ANALYSIS
The prior City Council action directed that the Applicant assume an obligation of $560,000 toward the construction of a new traffic signal at Rock Springs Road and Lincoln Avenue. The fair share approach recommended in this Resolution will require the applicant to pay a one -time fee of $50,000 and also to completely and fully assign the previously approved traffic signal plans prepared by the applicant to the City. The production cost of th ese plans is approximately $50,000. The assignment of these plans will result in a time savings of approximately one -year to the City as it will own the approved traffic signal plans that would normally take approximately one year to produce. This ownership will allow the City to proceed immediately into the bidding and awarding phase of a future capital improvement project.

97 Item8.

PREVIOUS ACTION
On January 13, 2021, the City Council adopted a General Plan Amendment, Zone Map Amendment, and Conditional Use Permit (PHG19-0049) for development of a gasoline service station and convenience store with concurrent sale of alcoholic beverages (beer and wine) (“Approved Project”) on the Project site. The Approved Project plans are provided under Attachment “5” for refer ence. The Approved Project also included adoption of a Mitigated Negative Declaration (MND) (ENV19 -0006) and Mitigation Monitoring and Reporting Program (“MMRP”). The MND contained mitigation measures, adopted for the Approved Project, to reduce potential impacts to cultural/tribal cultural resources, geology, noise, and traffic.

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

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

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

On December 4, 2024, the City Council held a duly noticed public hearing to consider the Planning Commission’s recommendation. As part of its deliberation, the City Council considered three (3) different alternatives including a fair share alternative. Following the conclusion of its deliberation, the City Council adopted Resolution No. 2024 -183R establishing a condition of approval requiring the Applicant to pay $560,000 for the construction of a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue.

BACKGROUND

Morrie Golcheh, (“Applicant”), submitted a written request to the City Clerk on February 4, 2026 for revocation of a conditional use permit con dition of approval requiring the payment of $560,000 of the construction cost of a new traffic signal specified in Street Improvements and Traffic Condition of Approval No. 5 in Exhibit "E" of Resolution No. 2024 -183R (Attachment “1”) adopted by the City Council on December 4, 2024 at the intersection of Rock Springs Road and Lincoln Avenue for a previously approved commercial project (PHG19-0049) for a 1.14-acre site composed of two parcels (Assessor’s Parcel Numbers: 228-220-43-00; 228-220-13-00) located at the northwest corner of West Mission Avenue and Rock Springs Road and further addressed as 900 West Mission Avenue, Escondido, CA 92025 ; and upon receipt of the Applicant’s request, Engineering Services of the Development Services Department, evaluated the aforementioned request and determined that the requirement for the payment of $560,000 of a new traffic signal at the intersection of Rock Springs 98 Item8.

Road and Lincoln Avenue was not proportionate to the level of project related traffic impacting this intersection. Engineering Services determined that the Applicant’s project would generate approximately twelve and one -half (12.5) percent of the traffic affecting this intersection and identified that it was appropriate and necessary to revoke Street Improvements and Traffic Condition of Approval No. 5 specified in Exhibit "E" of Resolution No. 2024 -183R (Attachment “1”) adopted by the City Council on December 4, 2024 . Engineering Services further determined that the Applicant was responsible for a reasonable and appropriate portion of the traffic generated impact at the intersection of Rock Springs Road and Lincoln Avenue to address the public, health, safety and welfare. Engineering Services identified that the aforementioned project related traffic impact at the Rock Springs Road and Lincoln Avenue intersection should be mitigated by the one -time payment of $50,000 and the full and irrevocable assignment of the City approved traffic signal plans from the Applicant and the Engineer of Record to the City of Escondido.

Following the analysis conducted by Engineering Services, the Development Services Director presented to the Applicant the above conditions for the of the Street Improvements and Traffic Condition of Approval No. 5 specified in Exhibit "E" of Res olution No. 2024 -183R (Attachment “1”) adopted by the City Council on December 4, 2024, and the Applicant concurred with these conditions.

The Development Services Director subsequently initiated a city -sponsored consideration of the aforementioned request based on the preceding facts and the Applicant’s concurrence with the aforementioned conditions.

A public hearing is required to be conducted prior to the City Council’s consideration and decision on this matter because of the public hearing nature of th e previous City Council action establishing the affected condition of approval to provide the public the opportunity to speak in support or opposition or natural on the Applicant’s request. Because the Applicant’s request for reconsideration is directly related to previous action taken by the City Council, this item will be heard directly by the City Council without prior Planning Commission review and recommendation;

RESOLUTIONS
a. Resolution No. 2026-64

ATTACHMENTS
a. Attachment “1”—Resolution No. 2024-183R

99 Item8.

RESOLUTION NO. 2024-183R
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, RECOMMENDING DENIAL
OF THE APPLICANT’S PROPOSAL FOR A MODIFICATION

TO A CONDITIONAL USE PERMIT AND ADOPTION OF AN

ADDENDUM AND APPROVAL OF ALTERNATIVE OPTION
(RECOMMENDED ALTERNATIVE)
APPLICANT: Ilan Golcheh
CASE NO(s): PL24-0183
WHEREAS, Ilan Golcheh (“Applicant”), filed a la nd use development application, Planning Case No. PL24-0183 (“Application”) consti tuting a request to modify a prev iously approved Conditional Use Permit (PHG19-0049) (“Approved Project”). The mo dification proposes remo val of the Engineering Division’s Condition of Approval No. 5 of Resoluti on No. 2021-05 and Mitigati on Measure Condition of Approval TRA-1 of Resolution No. 2021-05 both requiring the construction of a traffic signal at the Rock Springs Road and W. Lincoln Avenue intersection (“Project”). The project site is located on a 1.14-acre site (APNs 228-220-13-00 and 228-220-43-00), within the Ge neral Plan Land Use designation of General Commercial (GC), and a zoning designation of General Commercial (CG).

WHEREAS, City staff identified an alternative to the Applicant’s request to modify the Conditional Use Permit entailing removal of Engineering Condition of Approval Nos. 2, 3, 6, and 15, and Fee Condition of Approval No. 2, all of Approved Project Resolution No. 2021-05; and WHEREAS, the Applicant submitted an Addendum to the previously adopted Mitigated Negative Declaration to clarify the environmental record re lated to mitigation measures associated with the Approved Project’s Traffic Impacts; and
WHEREAS, the Application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Zoning

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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 Ac t (Public Resources Code section 21000 et seq.) (“CEQA”); 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 Enviro nmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and
WHEREAS, on December 08, 2020, the Planning Commission adopted Resolution No. 2020-19 recommending that the City Council approve a Gene ral Plan Amendment, Zone Map Amendment, and Conditional Use Permit for construction of a 4,284 sq uare-foot gas station with the concurrent sale of alcoholic beverages; and
WHEREAS, on January 13, 2021, the City Council adopted Resolutions No. 2021-04 and 2021-05, and Ordinance No. 2021-01, appr oving the General Plan Amendme nt, Zone Map Amendment, and Conditional Use Permits for the Approved Project; and,
WHEREAS, the City Council action adopted a Mitigated Negative Declaration (MND), and associated Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, pursuant to Condition of Approval (Conformance to Approved Plans) of Resolution No. 2021-05, modifications to the Approved Project may require submittal of an amendment to the Permit and approval by the authorized agency; and,

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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
WHEREAS, in accordance with Section 15164 (Addendum to an EIR or Negative Declaration) an Addendum was prepared for the Project and is incorp orated fully herein as Exhibit “C” to clarify the removal of mitigation measures related to traffic impacts; and, WHEREAS, a revised Mitigation Monitoring a nd Reporting Program (MMRP) was prepared and incorporated fully herein as Exhibit “D;” and
WHEREAS, on November 12, 2024, the Planning Co mmission held a duly noticed public hearing and voted 5-0 to adopt Resolution No. 2024-21 recommending that the City Council deny the Applicant’s Project and adopt the Addendum to the Mitigate Negative Declaration and an alternative option referred to as Alterative Option (Recommended Alternative); and, WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and hereby recommends denial of the Project and instead recommends approval of Alternative Option (R ecommended Alternative) as conditioned and detailed in Exhibit “E,” which is attached hereto and made a part hereof by this reference as though fully set forth herein; and WHEREAS, City staff provided public notice of the application in accordance with City and State public noticing requirements; and,
WHEREAS, as discussed in the City Council sta ff report dated December 4, 2024 and the Planning Commission staff report dated November 12, 2024 the Project is inconsistent with the City’s 2012 General Plan; and,

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WHEREAS, as discussed in the City Council st aff report dated December 4, 2024, the Planning Commission staff report dated November 12, 2024, a nd Exhibit “B” of this resolution, the Alternative Option (Recommended Alternative) is consistent with the City’s 2012 General Plan; and, WHEREAS, upon further deliberation by City Council on December 4, 2024 the Project’s alternative option was modified to limit the applic ant’s financial contribution to pay no more than $560,000 toward the construction cost of installing the tr affic signal at the intersection of Rock Springs Road and Lincoln Avenue; and
WHEREAS, on December 4, 2024 th e City Council held a duly noticed public hearing as prescribed by law, at which time the City Council received and considered the reports and recommendation of the Planning Division and gave all persons full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the 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 04, 2024, with its attachments as well as City staff’s and the Planning Commission’s recommendation on the Project, which is incorporated herein as though fully set forth herein; and
d. Additional information submitted during the public hearing; and WHEREAS, the public hearing before the City Council was conducted in all respects as required by the Escondido Municipal Code and the rules of the City Council.

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WHEREAS, the City Clerk, whose office is loca ted at 201 North Broadway, Escondido, CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings up on which the City Council’s decision is based, which documents and material shall be available for public inspection and copying in accord ance 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.

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

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

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

5. After consideration of all evidence presented, and studies and investigations made by the City Council and on its behalf, the City Counc il makes the following substantive findings and

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determinations, attached hereto as Exhibit “B,” relati ng to the information that has been considered. In accordance with the Findings of Fact and the foregoing, the City Council reached a decision on the matter as hereinafter set forth. The City Council expressly declares that it would not have made this decision except upon and subject to each and all of said cond itions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the uses permitted hereby.

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

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

1. NOTICE IS HEREBY GIVEN that the Approv ed Project is subject to dedications, reservations, and exactions, as specified in the Conditions of Approval. The Ap proved Project is subject to certain fees described in the City of Escondi do’s Development Fee Inventory on file in the Development Services Departments. The Applicant shall be required to pay all development fees of the City then in effect at the time and in such amounts as may prevail when building permits are issued. It is the City’s intent that the costs representing future development’s share of public facilities and capital improvements be imposed to ensure that new deve lopment pays the capital costs associated with growth. The Applicant is advised to review the Planned Fee Updates portion of the web page,

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www.escondido.gov, and regularly monitor and/or review fee- related information to plan for the costs associated with undertaking the Project.

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

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PASSED, ADOPTED AND APPROVED by the City C ouncil of the City of Escondido at a regular meeting thereof the 4
th day of DECEMBER, 2024 by the following vote to wit:

AYE : Councilmembers: J. GARCIA, MARTINEZ, MORASCO, WHITE

NOES : Councilmembers: C. GARCIA

ABSENT : Councilmembers: NONE

APPROVED:

DANE WHITE, Mayor of the
City of Escondido, California

ATTEST:

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

RESOLUTION NO. 2024-183R

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Resolution No. 2024-183R
Exhibit “A”

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

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

PARCEL 1: APN: 228-220-43

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

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

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

BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING ALSO A POINT IN THE CENTER LINEOF THAT CERTAIN 66 FOOT STREET KNOWN AS ROCK SPRINGS ROAD; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2 SOUTH 69° 45' 10" WEST 33.00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 20° 14' 20" WEST PARALLEL WITH THE CENTER LINE OF SAID ROCK SPRINGSROAD 9.00 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 9.00 FEET OF SAID LOT 2 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 20° 14' 20" WEST 137.80 FEET TO THE MOST

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

PARCEL 2: APN: 228-220-13

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

GRAHAM, AND FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1892, LYING SOUTHERLY OF A LINE DRAWN. FROM A POINT ON THE EASTERLY LINE OF SAID LOT 2, DISTANT 330.00 FEET FROM THE MOST NORTHERLY CORNER THEREOF,

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

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Resolution No. 2024-183R
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EXHIBIT “B”

PRJOECT CASE NO. PL24-0183

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Environmental Determinations:

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

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

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

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

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

b. Will not result in substantial changes with respect to the circumstances under which the Project is developed that would require major revisions of the 2021 MND due to

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is to be located.

Project/Applicant’s Request: The modification request to remove the requirement to signalize the Lincoln Avenue and Rock Springs Road intersection does not meet sound principles of land use

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and is not in response to services required by the community in that removal of the Engineering Condition of Approval No. 5 of Resolution No. 2021-05 is in conflict with a General Plan Quality of Life Standard 1: Traffic and Transportation -which states, “Where existing street or intersection capacities are below level of service “C” . . . improvements shall be required or planned to improve the service level to “C” where ever feasible based upon impacts of future development.”

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

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ADDENDUM
to the
FINAL MITIGATED NEGATIVE DECLARATION FOR 7--ELEVEN

CONVENIENCE STORE AND SERVICE STATION

City File No. ENV19-0006
SCH#

Prepared for:

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

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October 30, 2024

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

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INTRODUCTION
This addendum ƚŽƚŚĞĮŶĂůDŝƟŐĂƚĞĚEĞŐĂƟǀĞĞĐůĂƌĂƟŽŶ;DEͿĨŽƌƚŚĞϳ-Eleven Convenience Store and ^ĞƌǀŝĐĞ ^ƚĂƟŽŶ has been prepared in accordance with the ĂůŝĨŽƌŶŝĂ ŶǀŝƌŽŶŵĞŶƚĂůYƵĂůŝƚǇĐƚ;
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'ƵŝĚĞůŝŶĞƐ ^ĞĐƟŽŶ ϭϱϭϲϰ͘ /ƚ ƵƉĚĂƚĞƐ ƚŚĞ DE ƚŚĂƚ ǁĂƐ ƉƌĞƉĂƌĞĚ ĨŽƌ ƚŚĞ ŝƚǇ ŽĨ ƐĐŽŶĚŝĚŽ ;ŝƚǇͿ ĂŶĚ
adopted in December of 2020 as a result of a ƌĞƋƵĞƐƚƚŽŵŽĚŝĨǇĂƉƌĞǀŝŽƵƐůǇĂƉƉƌŽǀĞĚŽŶĚŝƟŽŶĂůhƐĞ WĞƌŵŝƚ;W,'ϭϵ-ϬϬϰϵͿĂƐǁĞůůĂƐŝƚƐĂƐƐŽĐŝĂƚĞĚ/ŶŝƟĂů^ƚƵĚǇĂŶĚĂĚŽƉƚĞĚDŝƟŐĂƚ ĞĚEĞŐĂƟǀĞĞĐůĂƌĂƟŽŶ ;
Esϭϵ-ϬϬϬϲͿ ƚŽ ƌĞŵŽǀĞ ƚǁŽ ŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐ ďĂƐĞĚ ŽŶ Ă ƌeĞ ǀ Ă ů Ƶ Ă Ɵ Ž Ŷ Ž Ĩ ƚ Ś Ğ Đ ƌ ŝ ƚ Ğ ƌ ŝ Ă Ƶ Ɛ Ğ Ě ŝ Ŷ ƚ Ś Ğ ĂŶĂůǇƐŝƐ͘ dŚĞ ƉƌĞǀŝŽƵƐůǇ ĂƉƉƌŽǀĞĚ ŽŶĚŝƟŽŶĂů hƐĞ WĞƌŵŝƚ ;W,'ϭϵ-ϬϬϰϵͿ ĞŶƟƚůĞĚ ƚŚĞ project site for ĚĞǀĞůŽƉŵĞŶƚ ŽĨ Ă ŐĂƐŽůŝŶĞ ƐĞƌǀŝĐĞ ƐƚĂƟŽŶ ĂŶĚ ĐŽŶǀĞŶŝĞŶĐĞ ƐƚŽƌĞ ǁŝƚŚ ĐŽŶĐƵrrent sale of alcoholic ďĞǀĞƌĂŐĞƐ ;ďĞĞƌ ĂŶĚ ǁŝŶĞͿ͘The City of Escondido is the Lead Agency for this project pursuant to the ĂůŝĨŽƌŶŝĂ
ŶǀŝƌŽŶŵĞŶƚĂůYƵĂůŝƚǇĐƚ;
YͿĂŶĚŝƚƐŝŵƉůĞŵĞŶƟŶŐ ƌĞŐƵůĂƟŽŶƐ͘dŚĞ>ĞĂĚŐĞŶĐǇŚĂƐƚŚĞ principal responsibility for ĂƉƉƌŽǀŝŶŐĂŶĚŝŵƉůĞŵĞŶƟŶŐĂƉƌŽũĞĐƚƚŚĂƚŵĂǇŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚ on the environment.

WƌŽũĞĐƚĞƐĐƌŝƉƟŽŶ
The 1.14-acre site is located at the northwest corner of West Mission Avenue and Rock Springs Road. The site is addressed at 900 West Mission AvĞŶƵĞ͕
ƐĐŽŶĚŝĚŽ͕ϵϮϬϮϱ;ƐƐĞƐƐŽƌ͛ƐWĂƌĐĞůEƵŵďĞƌƐ͗ϮϮϴ-220- 43-00; 228-220-13-ϬϬͿ͘dŚĞƐŝƚĞǁĂƐŽƌŝŐŝŶĂůůǇĚĞǀĞůŽƉĞĚǁŝƚŚĂŶĂƵƚŽƐŚŽǁƌŽŽŵ͕ ďƵƚƐŝŶĐĞϮϬϭϵǁŚĞŶ ƚŚĞĞǆŝƐƟŶŐƐƚƌƵĐƚƵƌĞǁĂƐĚĞŵŽůŝƐŚĞĚ, the site is vacant and covered in asphalt. The site is designated as Light /ŶĚƵƐƚƌŝĂů;>/ͿƐŝŶĐĞƚŚĞĂĚŽƉƟŽŶŽĨƚŚĞ'ĞŶĞƌĂůWůĂŶhƉĚĂƚĞŝŶϮϬϭϮ͘ƵŝůĚŝŶŐĂŶĚŽĐĐƵƉĂŶĐǇƌĞĐŽƌĚƐ indicate a structure was originally built in 1973, with a plot plan describing the building as an auto showroom and garage. The last ďƵŝůĚŝŶŐƉĞƌŵŝƚŽŶĮůĞĨŽƌƚŚĞĂĚĚƌĞƐƐŝƐƚŚĞĚĞŵŽůŝƟŽŶŽĨƚŚĞ ĞǆŝƐƟŶŐ structure on site on September 14, 2023. The applicant ;ƉƉůŝĐĂŶƚͿ has maintained the validity of the ŽƌŝŐŝŶĂůĞŶƟƚůĞŵĞŶƚ;ZĞƐŽůƵƟŽŶϮϬϮϬ-ϭϵͿǁŝƚŚƚŚĞĂƉƉůŝĐĂƟŽŶĂŶĚĂƉƉƌŽǀĂůŽĨthe ƐƵďƐĞƋƵĞŶƚĞŶƟƚůĞŵĞŶƚ ;ZĞƐŽůƵƟŽŶϮϬϮϭ-ϬϱͿĂŶĚƚŚĞĂĨŽƌĞŵĞŶƟŽŶĞĚĚĞŵŽůŝƟŽŶƉĞƌŵŝƚŝƐƐƵĞĚŝŶϮϬϭϵ͘ The project ;WƌŽũĞĐƚͿ ƉƌŽƉŽƐĞƐƚŚĞƌĞĞǀĂůƵĂƟŽŶŽĨƚŚĞ YŵĞƚƌŝĐƐƵƐĞĚ in the Project ͛s adopted MND
;
Esϭϵ-0006Ϳ͘ As of July 1, 2020 the Level of Service ;LOSͿ criteria was replaced by Vehicle Miles Traveled ;VMTͿ as the only metric valid for
Y ĂŶĂůǇƐŝƐ ĂŶĚ ƚŚĞ ĚĞƚĞƌŵŝŶĂƟŽŶ ŽĨ dƌĂŶƐƉŽƌƚĂƟŽŶ ĂŶĚ dƌĂĸĐ impacts ŵŝƟŐĂƟŽn measures ĂŶĚ ƚŚĞŝƌ ŶĞǆƵƐ ƚŽ ŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐ ǁŚĞŶ ƚŚĞ ĐŝƚǇ Žƌ ĐŽƵŶƚǇ ŚĂǀŝŶŐ ƉƌŝŵĂƌǇ ũƵƌŝƐĚŝĐƟŽŶ ŽǀĞƌ ƚŚĞ ĂƌĞĂ ŝŶǀŽůǀĞĚ ŝƐ ;ϭͿ ƚŚĞ ƐŝƚĞ ŽĨ ƚŚĞ ƉƌŽũĞĐƚ͖ ;ϮͿ ƚŚĞ ĂƌĞĂ ǁŚŝĐŚ ƚŚĞ ŵĂũŽƌ ĞŶǀŝƌŽŶŵĞŶƚĂůĞīĞĐƚƐǁŝůůŽĐĐƵƌ͖ĂŶĚͬŽƌ;ϯͿƚŚĞĂƌĞĂŝŶǁŚŝĐŚthose cŝƟǌĞŶƐreside most directly concerned ďǇĂŶǇƐƵĐŚĞŶǀŝƌŽŶŵĞŶƚĂůĞīĞĐƚƐ͘
ĂƐĞĚ ŽŶ ƚŚĞ ĮŶĚŝŶŐƐ ŽĨ ƚŚŝƐAddendum, the Project would have ůĞƐƐ ƚŚĂŶ ƐŝŐŶŝĮĐĂŶƚ ŝŵƉĂĐƚƐ͕ Žƌ ŶŽ ĐŚĂŶŐĞƐŽƌŶĞǁŝŶĨŽƌŵĂƟŽŶƌĞƋƵŝƌŝŶŐƚŚĞƉƌĞƉĂƌĂƟŽŶŽĨĂŶDEŽƌ /ZĨŽƌƚŚĞĨŽůůowing environmental
ĐĂƚĞŐŽƌŝĞƐ͗
x dƌĂŶƐƉŽƌƚĂƟŽŶĂŶĚdƌĂĸc

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PROJECT REVISION
The Project was evaluated in the 2020 /ŶŝƟĂů^ƚƵĚǇǁŚŝĐŚŝĚĞŶƟĮĞĚƚŚĞƉƌŽũĞĐƚĂƐŚĂǀŝŶŐĂ͞ƉŽƚĞŶƟĂůůǇ ƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚ͟ƌĞůĂƚĞĚƚŽƚƌĂŶƐƉŽƌƚĂƟŽŶ if ŶŽƚŵŝƟŐĂƚĞĚ͘dŚĞdƌĂĸĐ/ŵƉĂĐƚŶĂůǇƐŝƐ conducted was based on LOS criteria and methods, and ĐŽŶĐůƵĚĞĚƚŚĂƚĂŶŽī-ƐŝƚĞŝŶƚĞƌƐĞĐƟŽŶЬmile north of the project ƐŝŐŚƚǁŽƵůĚƌĞƋƵŝƌĞƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂƐŝŐŶĂůĂƚƚŚĞŝŶƚĞƌƐĞĐƟŽŶŽĨtĞƐƚ>ŝŶĐŽůŶǀĞŶƵĞĂŶĚRock Spring ZŽĂĚƐ ;dZ-ϭ Ϳ Ă Ɛ ǁ Ğ ů ů Ă Ɛ Ɖ Ś Ǉ Ɛ ŝ Đ Ă ů ŝ ŵ Ɖ ƌ Ž ǀ Ğ ŵ Ğ Ŷ ƚ Ɛ ƚ Ž t Ğ Ɛ ƚ D ŝ Ɛ Ɛ ŝ Ž Ŷ ǀ Ğ Ŷ Ƶ Ğ ; d Z -ϮͿ͘ The Applicant has ƌĞƋƵĞƐƚĞĚƚŚĂƚƐƚĂīƌĞĞǀĂůƵĂƚĞƚŚĞĮŶĚŝŶŐƐŝŶƚŚĞĞĐĞŵďĞƌϮϬϮϬ/ŶƚĞƌŶĂƟŽŶĂů ŶŐŝŶĞĞƌŝŶŐ'ƌŽƵƉdƌĂĸĐ
/ŵƉĂĐƚŶĂůǇƐŝƐ;IEG d/ͿĂŶĚŵŽĚŝĨǇƚŚĞĮŶĚŝŶŐƐŝŶ^ĞĐƟŽŶϭϯ͘ϳof the adopted MND and the DŝƟŐĂƟŽŶ MŽŶŝƚŽƌŝŶŐĂŶĚZĞƉŽƌƟŶŐ Program ;MMRPͿ to align with SB 743 requiring VMT to be the only metrics ĂƉƉůŝĞĚ ĨŽƌ dƌĂŶƐƉŽƌƚĂƟŽŶ ĂŶĚ dƌĂĸĐ
Y ĂƐƐĞƐƐŵĞŶƚ ĂŶĚ ŵŝƟŐĂƟŽŶ ͘ ^ ŝ Ŷ Đ Ğ ƚ Ś Ğ Ɵ ŵ Ğ Ž Ĩ ƚ Ś Ğ Project approval͕ ƚŚĞ ŝƚǇ ŽĨ
ƐĐŽŶĚŝĚŽ ŚĂƐ ĂĚŽƉƚĞĚ dƌĂŶƐƉŽƌƚĂƟŽŶ /ŵƉĂĐƚ ŶĂůǇƐŝƐ 'ƵŝĚĂŶĐĞ ;d/'͕ :ƵŶĞ Ϯϭ͕ ϮϬϮϭͿ͘dŚŝƐĚŽĐƵŵĞŶƚĚĞĮŶĞƐ, interprets, and demonstrates how to implement a VMT analysis and uses the same threshold as used in the December 2020 IEG TIA. Based on the current VMT methodology ƐƵƉƉŽƌƚĞĚ ďǇ ƚŚĞ ŝƚǇ͛Ɛ ĂĚŽƉƚĞĚ d/' ĂŶĚ ƚŚĞ ϮϬϮϬIEG TIA report, the ŵŝƟŐĂƟŽŶ ƉƌĞǀŝŽƵƐůǇ ƌĞƋƵŝƌĞĚ under LOS standards is no longer required.

WůĂŶŶŝŶŐ ŽŵŵŝƐƐŝŽŶ ZĞƐŽůƵƟŽŶ EŽ͘ ϮϬϮϬ-ϭϵ ;W,'ϭϵ-ϬϬϰϵͬ Esϭϵ-ϬϬϬϲͿ ƚŽ ĐŚĂŶŐĞ ƚŚĞ 'ĞŶĞƌĂů WůĂŶ
ĞƐŝŐŶĂƟŽŶĨƌŽŵ>ŝŐŚƚ/ŶĚƵƐƚƌŝĂů ;>/ͿƚŽ'ĞŶĞƌĂůŽŵŵĞƌĐŝĂů;' ͿĂŶĚĂƉƉƌŽǀĞ a ŽŶĚŝƟŽŶĂůhƐĞWĞƌŵŝƚ ;hWͿĨŽƌĂŐĂƐŽůŝŶĞƐƚĂƟŽŶ was approved on January 13, 2021. In 2021, the Planning Commission adopted ZĞƐŽůƵƟŽŶ EŽ͘ ϮϬϮϭ-Ϭϱ ;W,'ϭϵ-ϬϬϰϵͬ
Esϭϵ-ϬϬϬϲͿ ĂƉƉƌŽǀŝŶŐ Ă ŽŶĚŝƟŽŶĂů hƐĞ WĞƌŵŝƚ ĨŽƌ Ă ŐĂƐŽůŝŶĞ ƐƚĂƟŽŶĂŶĚĐŽŶǀĞŶŝĞŶĐĞƐƚŽƌĞǁŝƚŚĐŽŶĐƵƌƌĞŶƚƐĂůĞŽĨĂůĐŽŚŽůŝĐďĞǀĞƌĂŐĞƐĂƚϵϬϬtDŝƐƐŝŽŶǀĞŶƵĞ͘ There have been no changes to the parameters of the approved Project. The addendum seeks to comply with state law and ƌĞĐŽŐŶŝǌĞs ƚŚĂƚ ƚǁŽ ŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐ ŝŵƉŽƐĞĚ ŽŶ ƚŚĞ WƌŽũĞĐƚ ǁĞƌĞ ƚŚĞ ƌĞƐƵůƚ ŽĨLOS ĂŶĂůǇƐŝƐĂŶĚǁŽƵůĚůŝŬĞƚŽĨŽƌŵĂůůǇƌĞĐŽŐŶŝǌĞĂŶĚƐƵƉƉŽƌƚƚŚĞĮ ŶĚŝngs of a VMT analysis and conclusion, which states ƚŚĂƚƚŚĞWƌŽũĞĐƚǁŽƵůĚŶŽƚƌĞƋƵŝƌĞŵŝƟŐĂƟŽŶŵĞĂƐƵƌĞƐdZ-1 and TRA-2.

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Figure 1: Project Site

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Figure 2: General Plan

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Figure 3: Zoning

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Figure 4: Site Plan

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Figure 5: Exterior EůĞǀĂƟŽŶƐ

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STATUTORY BACKGROUND
The City of Escondido is the CEQA lead agency for the proposed Project. Under CEQA, an Addendum to a ĐĞƌƟĮĞĚEnvironmental Impact RĞƉŽƌƚ;
/ZͿŽƌNĞŐĂƟǀĞDĞĐůĂƌĂƟŽŶŵĂǇďĞĂƉƉƌŽƉƌŝĂƚĞŝĨŵŝŶŽƌƚĞĐŚŶŝĐĂů changes or modŝĮĐĂƟŽŶƐƚŽƚŚĞƉƌŽũĞĐƚĂƌĞƉƌŽƉŽƐĞĚ;
Y'ƵŝĚĞůŝŶĞƐ^ĞĐƟŽŶϭϱϭϲϰͿ͘Ŷ Addendum is
ĂƉƉƌŽƉƌŝĂƚĞŽŶůǇŝĨƚŚĞƐĞŵŝŶŽƌƚĞĐŚŶŝĐĂůĐŚĂŶŐĞƐŽƌŵŽĚŝĮĐĂƟŽŶ ƐĚŽŶŽƚƌ ĞƐƵůƚŝŶĂŶ ǇŶĞǁƐŝŐŶŝĮĐĂŶƚ ŝŵƉĂĐƚƐŽƌĂƐƵďƐƚĂŶƟĂůŝŶĐƌĞĂƐĞŝŶƚŚĞƐĞǀĞƌŝƚǇŽĨƉƌĞǀŝŽƵƐůǇŝĚĞŶƟĮĞĚƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ͘dŚĞAddendum need not be circulated for publi ĐƌĞǀŝĞǁ;
Y'ƵŝĚĞůŝŶĞƐ^ĞĐƟŽ Ŷϭϱϭϲϰ;ĐͿͿ͘ĞĐĂƵƐĞŶŽĐŚĂŶŐĞƐ ŝŶƚŚĞ ĂƉƉƌŽǀĞĚƉƌŽũĞĐƚĂƌĞƉƌŽƉŽƐĞĚ͕ƚŚŝƐĚĚĞŶĚƵŵĚŽĞƐŶŽƚƌĞƋƵŝƌĞĂƉƵďůŝĐŚĞĂƌŝŶŐŽƌĐŽŶƐŝĚĞƌĂƟŽŶďǇƚŚĞ City Council.

This MND Addendum demonstrates that the environmental analysis, impa ĐƚƐ͕ ĂŶĚ ŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐͬƌĞƋƵŝƌĞŵĞŶƚƐŝĚĞŶƟĮĞĚŝŶƚŚĞ December 2020 MND remain ƐƵďƐƚĂŶƟǀĞůǇ unchanged by the ƐŝƚƵĂƟŽŶ ĚĞƐĐƌŝďĞĚ ŚĞƌĞŝŶ͕ ĂŶĚ ŝƚ ƐƵƉƉŽƌƚƐ ƚŚĞ ĮŶĚŝŶŐ ƚŚĂƚ ƚŚĞ ƉƌŽƉŽƐĞĚ VMT methodology and conclusions ĚŽŶŽƚƌĞƐƵůƚŝŶŶĞǁƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐĂŶĚĚŽŶŽƚĞǆĐĞĞĚƚŚĞů ĞǀĞůŽĨŝŵƉĂĐƚƐŝĚĞŶƟĮĞĚŝŶ the December 2020 DE͘dŚĞƌĞĨŽƌĞ͕ƌĞĐŝƌĐƵůĂƟŽŶŽĨƚŚĞĂĚŽƉƚĞĚDEĨŽƌƉƵďůŝĐƌĞǀŝĞǁŝƐŶŽƚƌĞƋƵŝƌĞĚ͕ ƉƵƌƐƵĂŶƚ ƚŽ
Y 'ƵŝĚĞůŝŶĞƐ ^ĞĐƟŽŶ ϭϱϭϲϰ͘ dŚĞ ŝƚǇ ŚĂƐ also ĚĞƚĞƌŵŝŶĞĚ ƚŚĂƚ ƉƌĞƉĂƌĂƟŽŶ ŽĨ Ă ƐƵďƐĞƋƵĞŶƚ
/ZŽƌDEŝƐŶŽƚƌĞƋƵŝƌĞĚƵŶĚĞƌ
Y'ƵŝĚĞůŝŶĞƐ^ĞĐ ƟŽŶϭϱϭϲϮ͘dŽƐƵƉƉŽƌƚƚŚŝƐĚĞĐŝƐŝŽŶ͕ ƚŚĞĨŽůůŽǁŝŶŐĚŝƐĐƵƐƐŝŽŶĚĞƐĐƌŝďĞƐƚŚĞƉƌŽƉŽƐĞĚƉƌŽũĞĐƚŵŽĚŝĮĐĂ ƟŽŶƐĂŶĚƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů analysis.

IMPACT ANALYSIS
The Project would result ŝŶůŝƩůĞĐŚĂŶŐĞǁŝƚŚƌĞƐƉĞĐƚƚŽƚŚĞĞŶǀŝƌŽŶŵĞŶƚĂůŝƐƐƵĞĂƌĞĂƐĂŶĂůǇǌĞĚŝŶƚŚŝƐ ĚĚĞŶĚƵŵ;ƐĞĞdĂďůĞϭďĞůŽǁͿ͘ Table 1 demonstrates the result of the Addendum and the conclusions drawn from using a VMT analysis versus one using LOS. With the ĂƉƉůŝĐĂƟŽŶŽĨthe VMT criteria, the need ĨŽƌŵŝƟŐĂƟŽŶƌĞůĂƚĞĚƚŽ>K^ĐƌŝƚĞƌŝĂ is unnecessary. dŚĞƌĞĨŽƌĞ͕ĂƐĚĞƐĐƌŝďĞĚŝŶĨƵƌƚŚĞƌĚĞƚĂŝůŝŶƚŚŝƐƐĞĐƟŽŶ͕ ƚŚĞ
Y ĂŶĂůǇƐŝƐ ƐƵƉƉŽƌƚƐ ƚŚĞ ĚĞƚĞƌŵŝŶĂƟŽŶ ƚŚĂƚ ƚŚĞ PƌŽũĞĐƚ ǁŽƵůĚ ŶŽƚ ŝŶǀŽůǀĞ ŶĞǁ ƐŝŐŶŝĮĐĂŶƚ ĞŶǀŝƌŽŶŵĞŶƚĂůĞīĞĐƚƐŽƌƌĞƐƵůƚŝŶĂƐƵďƐƚĂŶƟĂůŝŶĐƌĞĂƐĞŝŶƚŚĞƐĞǀĞƌŝƚǇŽĨƉƌĞǀŝŽƵƐůǇŝĚĞŶƟĮĞĚƐŝŐŶŝĮĐĂŶƚ ĞīĞĐƚƐǁŚŝĐŚǁŽƵůĚĐĂůůĨŽƌƚŚĞƉƌĞƉĂƌĂƟŽŶŽĨĂƐƵďƐĞƋƵĞŶƚ /Z͕ĂƐƉƌŽǀŝĚĞĚŝŶΑϭϱϭϲϮŽĨƚŚĞ^ƚĂƚĞ
Y
Guidelines.

Attachment "1"
126
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Exhibit “C”

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Table 1

COMPARISON OF ENVIRONMENTAL FINDINGS BETWEEN THE MODIFIED PROJECT AND THE

PREVIOUS APPROVED PROJECT

dŚĞ>ĞĂĚŐĞŶĐǇ͕ƚŚĞŝƚǇŽĨ
ƐĐŽŶĚŝĚŽ͕ĐŽŶĚƵĐƚĞĚĂŶ/ŶŝƟĂů^ƚƵ ĚǇǁŝƚŚƚŚĞĂŝĚŽĨĐŽŶƐƵůƚĂŶƚƐƉƌĞƉĂƌŝŶŐ ƐĞǀĞƌĂů ƚĞĐŚŶŝĐĂů ƐƚƵĚŝĞƐ ƚŽ ƐƵƉƉŽƌƚ ƚŚĞŝƌ ĞŶǀŝƌŽŶŵĞŶƚĂů ĮŶĚŝŶŐ Ɛ ; Esϭϵ-ϬϬϬϲͿ ŝŶ ƌĞƐƉŽŶƐĞ ƚŽ ƚŚĞ
ĂƉƉůŝĐĂƟŽŶ ĨŽƌ 'ĞŶĞƌĂů WůĂŶ ŵĞŶĚŵĞŶƚ͕ ZĞǌŽŶĞ ĂŶĚ ŽŶĚŝƟŽŶĂů hƐĞ WĞƌŵŝƚ ;W,'ϭϵ-ϬϬϰϵͿ ĂŶĚ ĂŐĂŝŶ ǁŚĞŶƚŚĞĞŶƟƚůĞŵĞŶƚĞǆƉĂŶĚĞĚƚŽŝŶĐůƵĚĞĂŽŶĚŝƟŽŶĂůhƐĞWĞƌŵŝƚ ;W,'ϭϵ-ϬϬϰϵͿĨŽƌĂůĐŽŚŽůƐĂůĞƐ͘/Ŷ ^ĞĐƟŽŶϭϯ͘ϳ͘Ϯ͕ƚŚĞIŶŝƟĂůSƚƵĚǇƉŽƐĞƐĨŽƵƌƋƵĞƐƟŽŶƐƚŽĚĞƚĞƌŵŝŶĞĂƉƌŽũĞĐƚ͛Ɛ ƉŽƚĞŶƟĂůŝŵƉĂĐƚŽŶƚŚĞĐŝƚǇ͛Ɛ ƚƌĂŶƐƉŽƌƚĂƟŽŶƐǇƐƚĞŵ͘dŚĞWƌŽũĞĐƚ͛ƐŝŵƉĂĐƚŝŶƌĞůĂƟŽŶƚŽƚŚƌĞĞ ŽĨƚŚĞĨŽƵƌ YĐŚĞĐŬůŝƐƚƚŚƌĞƐŚŽůĚƐĨŽƌ
ƚƌĂŶƐƉŽƌƚĂƟŽŶ Žƌ ĐŝƌĐƵůĂƟŽŶ ŝŵƉĂĐƚƐ ǁĞƌĞ ĨŽƵŶĚ ƚŽ ŚĂǀĞ Ă ůĞƐƐ ƚŚĂŶ ƐŝŐŶŝĮĐĂŶƚ ŝŵƉĂĐƚ͘ ,ŽǁĞǀĞƌ͕ ŽŶĞ ƚŚƌĞƐŚŽůĚǁĂƐůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚǁŝƚŚŵŝƟŐĂƟŽŶ due to a ͞ĐŽŶŇŝĐƚǁŝƚŚĂƉƌŽŐƌĂŵ͕ƉůĂŶ͕ŽƌĚŝŶĂŶĐĞŽƌ ƉŽůŝĐǇĂīĞĐƚ΀ŝŶŐ΁ƚŚĞĐŝƌĐƵůĂƟŽŶƐǇƐƚĞŵŝŶĐůƵĚŝŶŐƚƌĂŶƐŝƚƌŽĂĚǁĂǇ͕ďŝĐǇĐůĞŽƌƉĞĚĞƐƚƌŝĂŶĨĂĐŝůŝƟĞƐ͟;^ĞĐƟŽŶ ys//͕ƉƉĞŶĚŝǆ '
Y'ƵŝĚĞůŝŶĞƐͿ . The Project was determined to ĐŽŶŇŝĐƚǁŝƚŚĂƉĂƌƟĐƵůĂƌƚŚƌĞƐŚŽůĚ within the General Plan Quality of Life Standards. The Quality-of-Life Standard is used as the threshold for ƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ, with ŵŝƟŐĂƟŽŶusing ƚŚĞ>K^
YƚƌĂŶƐƉŽƌƚĂƟŽŶŵĞƚƌŝĐ͘
,ŽǁĞǀĞƌ ͕ƚŚĞĞĐĞŵďĞƌϮϬϮϬ /^ͬDE includes the following language, ͞ĂƐĞĚŽŶƚŚĞsDdĂƐƐĞƐƐŵĞŶƚ ĂŶĚ ƚĞĐŚŶŝĐĂů ŝŶĨŽƌŵĂƟŽŶ ƉƌŽǀŝĚĞĚ ŝŶ ƚŚĞ sDd /ŵƉĂĐƚ ŶĂůǇƐŝƐ͕ ƚŚĞ ƉƌŽƉŽƐĞĚ ƉƌŽũĞĐƚ ĚĞƐŝŐŶĂƟŽŶ ŝƐ Ă ůŽĐĂůůǇƐĞƌǀŝŶŐůĂŶĚƵƐĞĂŶĚĂŶǇƉŽƚĞŶƟĂůƉƌŽũĞĐƚsDdƌĞůĂƚĞĚŝŵƉĂĐƚƐǁŽƵůĚďĞƉƌĞƐƵŵĞĚƚŽďĞůĞƐƐƚŚĂŶ ƐŝŐŶŝĮĐĂŶƚ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞƉƌŽƉŽƐĞĚƉƌŽũĞĐƚǁŽƵůĚŶŽƚĐŽŶŇŝĐƚǁŝƚŚ Y'ƵŝĚĞůŝŶĞƐƐĞĐƟŽŶϭϱϬϲϰ͘ϯĂŶĚ
ŝŵƉĂĐƚƐǁŽƵůĚďĞůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚ͘EŽŵŝƟŐĂƟŽŶŝƐƌĞƋƵŝƌĞĚ͘͟ This threshold, criteria, ĂŶĚĐŽŶĐůƵƐŝŽŶĂƌĞƐƵƉƉŽƌƚĞĚďǇsDdĂŶĂůǇƐŝƐ;/^ͬDE, DeĐĞŵďĞƌϮϬϮϬͿĂŶĚŚĂǀĞ ƐŝŶĐĞďĞĞŶĐŽĚŝĮĞĚŝŶƚŚĞĂĚŽƉƚĞĚ TIAG using the same threshold that was used in the December 2020 IEG TIA report, which determined the project to be ůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚusing the VMT methodology and requiring no CEQA-ƌĞůĂƚĞĚŵŝƟŐĂƟŽŶ ;d/'͕^ĞĐƟŽŶϯ͘ϯͿ.

For these reasons, the removal of both TRA-1 and TRA-2 in the MMRP along with ƚŚĞĂĚŽƉƟŽŶŽĨ VMT analysis and conclusions, which represent no nexus between the new development Project or the need to include ƐŝŐŶĂůŝǌĂƟŽŶat West Lincoln Avenue and Rock Springs Road, is consistent with CEQA Guidelines ĂŶĚ ^ƚĂƚĞ >Ăǁ͘ ,ŽǁĞǀĞƌ͕ ƐƚĂī ƐƵƉƉŽƌƚƐ ƚŚĞ ƌĞƚĞŶƟŽŶ ŽĨ ƚŚĞ ŽŶĚŝƟŽŶ ŽĨ ƉƉƌŽǀĂů requiring the ƐŝŐŶĂůŝǌĂƟŽŶ of the West Lincoln Avenue and Rock Springs Road. ŝƚǇ ƐƚĂī ǁŝůůmaintain the ability to Environmental Issue
Conditional Use
Permit at 900 W
Mission IS/MND
Addendum
Conclusions for
Modified Project
Modified Project
Impacts in
Comparison to
Conclusions of the
Approved Project
Transportation and
Traffic
Less Than Significant with
mitigation
Less Than Significant
Impact Lesser impact

Attachment "1"
127
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Resolution No. 2024-183R
Exhibit “C”

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ŝŵƉŽƐĞĐŽŶĚŝƟŽŶƐ based on threshold and standards using LOS to assess and address ƚƌĂĸĐŝŵƉĂĐƚƐŽĨ development project.

SUMMARY AND FINDINGS
As ĂŶĂůǇǌĞĚŝŶƚŚŝƐreport, the PƌŽũĞĐƚǁŽƵůĚŶŽƚƌĞƐƵůƚŝŶĂŶǇŶĞǁƐŝŐŶŝĮĐĂŶƚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƐ͘dŚĞ ŽƌŝŐŝŶĂů:ƵŶĞϮϬϮϬ/^ͬDEǁĂƐŵŽĚŝĮĞĚin December 2020 with an updated environmental analysis. The December 2020 MND update stated that VMT criteria and analysis applied to the project and ŶŽŵŝƟŐĂƟŽŶ would be required. The analysis contained herein demo nstrates that the proposed Project is consistent with the prior Approved Project and many of the i mpact issues previously examined in the Approved Project would remain unchanged with the proposed Project.

Attachment "1"
128
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1 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024 Resolution No. 2024-183R
Exhibit “D”

Page 1 of 11 ends

EXHIBIT “D”

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

PROJECT NAME:

NEG. NEC. NO. :

SCH NO.:

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

PROJECT LOCATION: 900 W. Mission Avenue (APNs 228-220-13-00 and 228-220-43-00)

Attachment "1"
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2 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024 Resolution No. 2024-183R
Exhibit “D”

Page 2 of 11 ends

APPLICANT/CONTACT PERTSON: Ilan Golcheh, Golcheh Group, LLC PROJECT MANAGER: Vicrim Chima, Planning Consultant, City of Escondido Phone No.: (760) 839-4537 Email: [email protected]

Attachment "1"
130
Item8.

PHG 19-0049; ENV 19-0006
3 ENV 19-0006 Mitigation Monitoring and Reporting Program November 2024

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

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

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

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

Attachment "1"
131
Item8.

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

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

Mitigation Measures Implementation, Monitoring,
and Reporting Action

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

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

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

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

Applicant; City of
Escondido
Community
Development
Department
Planning Division
X

Attachment "1"
132
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PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

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

Mitigation Measures Implementation, Monitoring,
and Reporting Action

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

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

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

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

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

Attachment "1"
133
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PHG 19-0049; ENV 19-0006
November 12, 2024
Planning Commission

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

Mitigation Measures Implementation, Monitoring,
and Reporting Action

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

Native American
Monitor

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

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

City of Escondido
Community
Development
Department
Planning Division;
Project
Archaeologist; TCA
Tribe
X

Attachment "1"
134
Item8.

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

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

Mitigation Measures Implementation, Monitoring,
and Reporting Action

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

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

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

Attachment "1"
135
Item8.

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

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

Mitigation Measures Implementation, Monitoring,
and Reporting Action

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

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

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

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

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

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

Attachment "1"
136
Item8.

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

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

Mitigation Measures Implementation, Monitoring,
and Reporting Action

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

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

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

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

Attachment "1"
137
Item8.

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

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

Mitigation Measures Implementation, Monitoring,
and Reporting Action

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

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

Attachment "1"
138
Item8.

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

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

Mitigation Measures Implementation, Monitoring,
and Reporting Action

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

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

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

Installation of roadway
improvements
Applicant
Engineering
Services Division
x x x

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Resolution No. 2024-183R
Exhibit “E”

Page 1 of 23 ends

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

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

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

A. General:

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

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

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

3. Certification. The Director of Community Development, or his/her designee, is authorized and directed to make, or require the Applicant to make, all corrections and modifications to the Project drawings and any other relevant document comprising the Project in its entirety, as necessary to make them internally

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Resolution No. 2024-183R
Exhibit “E”

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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. Three (3) copies of final Approved Plan set, shall be submitted to the Planning Division for certification. Said plans must be certified by the Planning Division prior to submittal of any post-entitlement permit, including grading, public improvement, landscape, or building plans for the Project.

4. Conformance to Approved Plans.
a. The operation and/or use of the subject property shall be consistent with the Project Description and Details of Request, designated with the Approved Plan set.
b. Nothing in this Permit shall authorize the Applicant to intensify the authorized activity beyond that which is specifically described in this Permit. c. Once a permit has been issued, the Applicant may request Permit modifications. “Minor" modifications may be granted if found by the Director of Community Development to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. Modifications beyond the scope described in the Approved Plan set may require submittal of an amendment to the Permit and approval by the authorized agency.

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

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

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Resolution No. 2024-183R
Exhibit “E”

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

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

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

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

10. Fees. The appropriate development fees and Citywide Facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of building permit issuance, to the satisfaction of the Director of Community Development.

Through plan check processing, the Applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, Fire Mitigation/Cost Recovery Fees, and other fees listed in the Fee Schedule, which may be amended. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development Department.

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

12. Clerk Recording.
a. State Law (SB 1535), effective January 1, 2007, requires certain projects to

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Resolution No. 2024-183R
Exhibit “E”

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pay fees for purposes of funding the California Department of Fish and Wildlife. If the Project is found to have a significant impact to wildlife resources and/or sensitive habitat, in accordance with State law, or if the Project was analyzed through a negative declaration or environmental impact report, the Applicant shall remit to the City of Escondido Planning Division, within two (2) working days of the effective date of the adoption of the environmental document, a check payable to the “San Diego County Clerk,” in the amount that is published by the County Clerk’s Office. Failure to remit the required fees in full within the specified time noted above will result in County notification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation code. In addition, Section 21089(b) of the Public Resources Code, and Section 711.4(c) of the Fish and Game Code provide that no project shall be operative, vested, or final until all the required filing fees are paid. The County Clerk’s Office filing fees for other environmental review documents are adjusted annually by the California Department of Fish and Wildlife. If the fee increase after the date of this approval, the Applicant shall be responsible for the increase. b. For more information on filing fees, please refer to the County Clerk’s Office and/or the California Code of Regulations, Title 14, Section 753.5.

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

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

15. Revocation, Suspension, Modification. At any time after Project implementation, the City may require a noticed public hearing to be scheduled before the Planning Commission to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval.

This item may be
referred to the appropriate decision-making body upon recommendation of the Director of Community Development for review and possible revocation or modification of the Permit regarding non-compliance with the Conditions of Approval.

This Permit may be revoked, suspended or modified by the Planning Commission, or by the City Council on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the

Attachment "1"
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Resolution No. 2024-183R
Exhibit “E”

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same at such time, whenever, after a noticed hearing, and after the following findings are fully investigated:
a. A violation of any term or condition not abated, corrected or rectified within the time specified on the notice of violation; or
b. A violation of any City ordinance, state law, or federal law not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates or constitutes a nuisance.

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

B. Construction, Maintenance, and Operation Ob ligations:

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

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Resolution No. 2024-183R
Exhibit “E”

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Services Department, Director of Communi ty Development, Building Official, City Engineer, and the Fire Chief in carrying out the administration of said codes.

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

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

The failure to comply with this condition shall subject the approvals specified herein to revocation for failure to comply.

2. Agency License and Permitting. In order to make certain on- or off-site improvements associated with the Approved Plan set, the Permit request may require review and clearance from other agencies (including County Department of Environmental Health for USTs, APCD for Healy Tanks and Alcohol Beverage Control type 20 license). Nothing in th ese 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 shal l 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 permi t 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).

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Resolution No. 2024-183R
Exhibit “E”

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

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

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

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

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

11. Trash Enclosures. Appropriate trash enclosure(s) or other approved trash system shall be approved by the Planning and Engineering Division. The property owner or management company shall be responsible for ensuring that enclosures are easily assessable for garbage and recyclables collection; and that the area is managed in a clean, safe, and efficient manner. Trash enclosure covers shall be closed when not in use. Trash enclosures shall be regularly emptied. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

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

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

C. Parking and Loading/Unloading.

1. A minimum of 21 parking spaces shall be provided at all times. Said parking spaces provided by the Applicant, and any additional parking spaces provided above the required, minimum amount, shall be dimensioned per City standards and be maintained in a clean, well-marked condition. The stripping shall be drawn on the

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Resolution No. 2024-183R
Exhibit “E”

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plans or a note shall be included indicating double stripping per City standards.

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

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

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

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

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

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

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

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

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 Planning Division for review and approval, if meeting any of the criteria listed under Section 33- 1323 of the Zoning Code. Five (5) copies of detailed landscape and irrigation plans shall be submi tted to the Engineering Services Department with the second submittal lf the grading plan. The initial submittal of the landscape plans shall include the required plan check fees, paid in accordance with the prevailing fee schedule in effect at the time of submittal. Details of Project fencing and walls, including materials and colors, shall be provided on the landscape plans. (Building permits may also

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Resolution No. 2024-183R
Exhibit “E”

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be required.) The landscape and irri gation plans shall be reviewed and approved by the Planning Division and Engineering Services Department prior to issuance of grading permits, and shall be equivalent or superior to the conceptual landscape plans included as part of the Approved Plan set, to the satisfaction of the Planning Division. The required landscape and irrigation plans(s) shall comply with the provisions, requirements and standards outlined in Article 62 (Landscape Standards) of the Escondido Zoning Code, except where stricter requirements are imposed by the State of California.

b. Screening walls, retaining walls, storm improvements, and landscaping (i.e. planting and irrigation) are to be provided prior to final occupancy. c. The installation of the landscaping and irrigation shall be inspected by the Project landscape architect upon completion. He/she shall complete a Certificate of Landscape Compliance certifying that the installation is in substantial compliance with the approved landscape and irrigation plans and City standards. The Applicant shall submit the Certificate of Compliance to the Planning Division and request a final inspection. d. Any new freestanding walls and/or retaining walls shall incorporate decorative materials or finishes, and shall be indicated on the landscaping plans. (Building permits may also be required.) All freestanding walls visible from points beyond the Project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be a type satisfactory to the Director of Community Development.
e. New or retrofitted trash enclosures shall accommodate vertical climbing plants, vines with support trellis pane ls, clinging non-deciduous or fast growing shrubbery that will screen the enclosures wall surface. The Director of Community Development shall find that the proposed landscaping design, material, or method provides approximate equivalence to the specific requirements of this condition or is otherwise satisfactory and complies with the intent of these provisions
.

E. Specific Planning Conditions:

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

2. The landscape plan attached to the project exhibits is conceptual only. The final landscape plan shall include appropriate screening around the main building, to

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Resolution No. 2024-183R
Exhibit “E”

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include taller shrubs along the northern and eastern sides of the building.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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any time.

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

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

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

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

F. Mitigation M easures:

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

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

The archaeologist shall be responsible for coordinating with the Native American monitors. This verification shall be presented to the City in a letter from the project

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archaeologist that confirms that Native American monitors representing both Luiseño and Kumeyaay TCA Tribes have been retained. The City, prior to any pre-construction meeting, shall approve all persons involved in the monitoring program.

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

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

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

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

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

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data recovery program activities must be concluded to the satisfaction of the City.

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

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

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

OR
2) Any tribal cultural resources collected by the qualified archaeologist shall be curated with its associated records at a San Diego curation facility or a

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culturally- affiliated Tribal curation facility that meets federal standards per 36 CFR Part 79, and, therefore, would be professionally curated and made available to other archaeologists/ researchers for further study. The collection and associated records, including title, shall be transferred to the San Diego curation facility or culturally affiliated Tribal curation facility and shall be accompanied by payment of the fees necessary for permanent curation.

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

CUL-10 Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusion of the archaeological monitoring program and any data recovery program on the project site shall be submitted by the qualified archaeologist to the City. The Native American monitor shall be responsible for providing any notes or comments to the qualified archaeologist in a timely manner to be submitted with the report. The report will include California Department of Parks and Recreation Primary and Archaeological Site Forms for any newly discovered resources.

GEO-1 Prior to issuance of a grading permit or ground disturbing activities, a preliminary assessment by a professional paleontological resource consultant shall be conducted to determine if the characteristics of a unique paleontological resource or site are present. If determined to be present, and the potential for destruction of a unique paleontological resource or site exists, the preliminary assessment must make recommendations for mitigating potential impacts, such as monitoring during construction, or identify requirements for the proper documentation per state or federal guidelines, of any significant resource proposed to be impacted.

NOI-1 To reduce potential construction noise impac ts, the following multi-part mitigation shall be implemented for the proposed project:
x The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment.
x The construction contractor shall ensure that unnecessary idling of internal engines (i.e., idling in excess of 5 minutes) is prohibited. x The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists. x At all times during proposed project grading and construction, the construction contractor shall ensure that stationary noise- generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from the nearest residential land uses.

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x The construction contractor shall designate a noise disturbance coordinator who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaints (starting too early, bad muffler, etc.) and establishment reasonable measures necessary to correct the problem. The construction contractor shall visibly post a telephone number for the disturbance coordinator at the construction site.

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

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

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ENGINEERING CONDITIONS OF APPROVAL

GENERAL

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

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

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

Landscaping Plans shall be prepared by a Landscape Architect.

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

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

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

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

8. The Developer’s engineer shall submit to the Planning Division three (3) copies of the Site Plan as presented to the Planning Commission and approved by the City Council together with any changes contained in the adopted final conditions of approval. The

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Site Plan will be certified by the Planning Division verifying that they are an accurate reproduction of the approved Site Plan and one of these copies must be included with the first Final Engineering submittal for plan check to the Engineering Department.

STREET IMPROVEMENTS AND TRAFFIC

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

2. Removed by Resolution No. 2024-183.

3. Removed by Resolution No. 2024-183.

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

5. The Developer shall pay $560,000 of the “construction cost” of a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue prior to project occupancy.

The Developer shall submit separate traffic signal and signing and striping improvement plans prepared by a Traffic Engineer for review and approval by the City Engineer. The traffic signal design shall be per current City, Caltrans, and MUTCD Standards and shall include video detection, APS, and interconnect conduits and cables to an existing traffic signal controller. The Developer’s Traffic Engineer will also be responsible for all new timing plans and coordinating traffic signal work with the Developer’s Contractor(s) and Equipment Suppliers and City staff.

6. Removed by Resolution No. 2024-183.

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

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

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

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

10. The Developer shall repaint all pavement striping and markings adjacent to the project

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that have been damaged and prematurely faded due to project construction traffic to the satisfaction of the City Engineer.

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

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

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

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

15. Removed by Resolution No. 2024-183.

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

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

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

GRADING and SITE IMPROVEMENTS

1. A site grading and erosion control plan pre pared by a registered Civil Engineer shall be approved by the Engineering Department prior to issuance of building permits. The

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first submittal of the grading plan shall be accompanied by 3 copies of the preliminary soils and geotechnical report. The Soils Engineer will be required to indicate in the soils report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.

2. All private driveways and parking areas s hall be paved with a minimum of 3” asphalt concrete (AC) over 6” of asphalt base (AB) or 7” portland concrete cement (PCC) over 6” AB. All paved areas exceeding 15% slope or less than 1.0% shall be paved with PCC.

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

4. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The Developer shall be responsible for maintaining all erosion control facilities throughout the project.

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

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

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

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

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

DRAINAGE

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

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

3. A Storm Water Quality Management Plan (SWQMP) in compliance with the City’s

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latest adopted Storm Water Design Manual shall be prepared for all newly created or replaced onsite impervious areas, impervious frontage, and required offsite improvements. The SWQMP shall be submitted for approval with the final improvement and grading plans. The SWQMP shall include treatment calculations, post-construction storm water treatment measures, and maintenance requirements and responsibilities both for onsite treatment and also any “Green Street” facilities located in the public right-of-way. The SWQMP shall demonstrate how proposed proprietary best management practices meet bio-filtration treatment requirements in accordance with the City’s Storm Water Design Manual.

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

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

The City highly encourages the use of bio-retention areas as the primary method of storm water retention and treatment. The landscape plans will need to reflect these areas of storm water treatment.

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

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

WATER SUPPLY

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

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

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

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

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

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

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

SEWER

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

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

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

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

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

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

LANDSCAPE

7. A site landscaping and irrigation pl an 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.

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

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EASEMENTS AND DEDICATIONS

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

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

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

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

Mission Avenue and Rock Springs Road.

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

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

FEES

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

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

2. Removed by Resolution No. 2024-183.

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

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UTILITY UNDERGROUNDING AND RELOCATION

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

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

SURVEYING AND MONUMENTATION

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

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RESOLUTION NO. 2026-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ESCONDIDO, CALIFORNIA, REVOKING A

CONDITION OF APPROVAL REQUIRING THE
PAYMENT OF $560,000 OF A NEW TRAFFIC SIGNAL

AT THE INTERSECTION OF ROCK SPRINGS ROAD

AND LINCOLN AVENUE SPECIFIED IN AS STREET

IMPROVEMENTS AND TRAFFIC CONDITI ON OF
APPROVAL NO. 5 IN EXHIBIT “E” OF RESOLUTION
NO. 202 4-183R ADOPTED ON DECEMBER 4, 2024

PERTAINING TO CONDITIONAL USE PERMIT (PHG -
19-0049) SUBJECT TO CONDITIONS
APPLICANT: Morrie
Golcheh CASE NO(s):

PL26-0088
WHEREAS, Morrie Golcheh, (“Applicant”), submitted a written request to the City Clerk on February 4, 2026 for revocation of a conditional use permit condition of approval requiring the payment of $560,000 of the construction cost of a new traffic signal specified in Street Improvements and Traffic Condition of Approval No. 5 in Exhibit "E" of Resolution No. 2024 -183R adopted by the City Council on December 4, 2024 at the intersection of Rock Springs Road and Lincoln Avenue for a previously approved commercial project (PHG19-0049) for a 1.14-acre site composed of two parcels (Assessor’s Parcel Numbers: 228-220-43-00; 228-220-13-00) located at the northwest corner of West Mission Avenue and Rock Springs Road and further addressed as 900 West Mission Avenue, Escondido, CA 92025; and
WHEREAS, upon receipt of the Applicant’s request, Engineering Services of the Development Services Department, evaluated the aforementioned request and determined that the requirement for the payment of $560,000 of a new traffic signal at the intersection of Rock Springs Road and Lincoln Avenue was not proportionate to the level of project related traffic impacting this intersection; and

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WHEREAS, Engineering Services determined that the Applicant’s project would generate approximately twelve and one -half (12.5) pe rcent of the traffic affecting this intersection and identified that it was appropriate and necessary to revoke Street Improvements and Traffic Condition of Approval No. 5 specified in Exhibit "E" of Resolution No. 2024-183R adopted by the City Council on December 4, 2024; and
WHEREAS, Engineering Services determined that the Applicant was responsible for a reasonable and appropriate portion of the traffic generated impact at the intersection of Rock Springs Road and Lincoln Avenue to address the public, health, safety and welfare; and WHEREAS, Engineering Services identified that the aforementioned project related traffic impact at the Rock Springs Road and Lincoln Avenue intersection should be mitigated by the one-time payment of $50,000 and the full and irrevocable assignment of the City approved traffic signal plans from the Applicant and the Engineer of Record to the City of Escondido; and WHEREAS, the Applicant was presented the above conditions for the revocation of Street Improvements and Traffic Condition of Approval No. 5 specified in Exhibit "E" of Resolution No. 2024- 183R adopted by the City Council on December 4, 2024 and concurred with these conditions; and WHEREAS, the Development Services Director initiated a city-sponsored consideration of the aforementioned request based on the preceding facts and the Applicant’s concurrence with the aforementioned conditions; and
WHEREAS, a public hearing is required to be conducted prior to the City Council’s consideration and decision on this matter because of the public hearing nature of the previous City Council action establishing the affected condition of approval to provide the public the opportunity to speak in support or opposition or natural on the Applicant’s request; and 164
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WHEREAS, the Applicant’s request for reconsideration is directly related to previous action taken by the City Council and therefore, this item will be heard directly by the City Council witho ut prior Planning Commission review and recommendation; and WHEREAS, City staff provi ded public notice of the application in accordance with City and State public noticing requirements; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) Section 15164 (Addendum to an EIR or Negative Declaration), an addendum to the adopted Mitigated Negative Declaration was previously prepared and after substantive evaluation, the Development Services Director for the City of Escondido has determined that none of conditions identified in Section 15162 (Subsequent EIRS and Negative Declarations) have occurred with the current action of the City Council requiring preparation of a Subsequent Negative Declaration; and, WHEREAS, the following is presented as background information for the purposes of informing the action specified in this Resolution:

1. Ilan Golcheh (“Prior Applicant”) previously filed a land use development application, Planning Case No. PL24-0183 (“Application”) constituting a request to modify a previously approved Conditional Use Permit (PHG19 -0049) (“Approved Project ”). The modification proposes removal of the Engineering Division’s Condition of Approval No. 5 of Resolution No. 2021 -05 and Mitigation Measure Condition of Approval TRA-1 of Resolution No. 2021-05 both requiring the construction of a traffic signal at the Rock Springs Road and W. Lincoln Avenue intersection (“Project”). The project site is located on a 1.14-acre site (APNs 228-220-13-00 and 228-220-43-00), within the General Plan Land Use designation of General Commercial (GC), and a zoning designation of General Commercial (CG).

2. City staff identified an alternative to the Prior Applicant’s request to modify the Conditional Use Permit entailing removal of Engineering Condition of Approval Nos. 2, 3, 6, and 15, and 165
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Fee Condition of Approval No. 2, all of Approved Project Resolution No. 2021-05.

3. The Prior Applicant submitted an Addendum to the previously adopted Mitigated Negative Declaration to clarify the environmental record related to mitigation measures associated with the Approved Project’s Traffic Impacts.

4. 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”).

5. 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”).

6. 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”).

7. On December 08, 2020, the Planning Commission adopted Resolution No. 2020 -19 recommending that the City Council approve a General Plan Amendment, Zone Map Amendment, and Conditional Use Permit for construction of a 4,284 square-foot gas station with the concurrent sale of alcoholic beverages.

8. On January 13, 2021, the City Council adopted Resolutions No. 2021 -04 and 2021- 05, and Ordinance No. 2021-01, approving the General Plan Amendment, Zone Map Amendment, and Conditional Use Permits for the Approved Project.
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9. The City Council action adopted a Mitigated Negative Declaration (MND), and associated Mitigation Monitoring and Reporting Program (MMRP).

10. Pursuant to Condition of Approval (Conformance to Approved Plans) of Resolution No. 2021-05, modifications to the Approved Project may have required submittal of an amendment to the Permit and approval by the authorized agency.

11. Pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the City was the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project.

12. In accordance with Section 15164 (Addendum to an EIR or Negative Declaration) an Addendum was prepared for the Project and was incorporated fully as Exhibit “C” t hat clarified the removal of mitigation measures related to traffic impacts.

13. A revised Mitigation Monitoring and Reporting Program (MMRP) was prepared and incorporated fully as Exhibit “D of the December 4, 2024 City Council staff report.

14. On November 12, 2024, the Planning Commission held a duly noticed public hearing and voted 5-0 to adopt Resolution No. 2024-21 that recommended the City Council deny the Applicant’s Project and adopt the Addendum to the Mitigate Negative Declaration and an alternative option referred to as Alterative Option (Recommended Alternative).

15. Planning Services of the Development Services Department studied the Application, performed necessary investigations, prepa red a written report and recommended denial of the Project and instead recommended approval of Alternative Option (Recommended Alternative) as conditioned and detailed in Exhibit “E to the December 4, 2024 City Council staff report.

16. City staff provided public notice of the application in accordance with City and State 167
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public noticing requirements.

17. As discussed in the City Council staff report dated December 4, 2024 and the Planning Commission staff report dated November 12, 2024, the Project was found inconsistent with the City’s 2012 General Plan.

18. As discussed in the City Council staff report dated December 4, 2024, the Planning Commission staff report dated November 12, 2024, and Exhibit “B” of Resolution No. 2024-183R, the Alternative Option (Recommended Alternative) was deemed consistent with the City’s 2012 General Plan.

19. As discussed in the City Council staff report dated December 4, 2024, the Planning Commission staff report dated November 12, 2024, and Exhibit “B” of Resolution No. 2024-183R, the Alternative Option (Recommended Alternative) was deemed consistent with the City’s 2012 General Plan.

20. Upon further deliberation by City Council on December 4, 2024 , the Project’s alternative option was modified to limit the applicant’s financial contribution to pay no more than $560,000 toward the construction cost of installing the traffic signal at the intersection of Rock Springs Road and Lincoln Avenue.

21. On December 4, 2024 the City Council held a duly noticed public hearing as prescribed by law, at which time the City Council received and considered the reports and recommendation of the Planning Division and gave all members of the public 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 168
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material, submitted by the Applicant; and
b. Oral testimony from City staff, interested parties, and the public; and

c. The City Council staff report, dated December 04, 2024, with its attachments as well as City staff’s and the Planning Commission’s recommendation on the Project, which is incorporated herein as though fully set forth herein; and
d. Additional information submitted during the public hearing.

22. The public hearing before the City Council was conducted in all respects as required by the Escondido Municipal Code and the rules of the City Council.

WHEREAS, the City Clerk, whose office is located at 201 North Broadway, Escondido, CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings up on which the City Council’s decision is based, which documents and material shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.

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

1. That the above recitations are true.

2. That the City Council in its independent judgement has determined to approve the revocation of Street Improvements and Traffic Condition of Approval No. 5 in Exhibit "E" of Resolution No. 2024 -183R adopted by the City Council on December 4, 2024 , requiring the Applicant to pay $560,000 of the construction cost of a new traffic signal specified in at the intersection of Rock Springs Road and Lincoln Avenue for a previously approved commercial project (PHG19-0049) for a 1.14-acre site composed of two parcels (Assessor’s Parcel Numbers: 228-220-43-00; 228-220-13-00) located at the northwest corner of West Mission Avenue and Rock Springs Road and further addressed as 900 West Mission Avenue, Escondido, CA 9202 5, providing the conditions specified in paragraph 3 are 169
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fully satisfied.

3. That the City Council in its independent judgment has determined that its approval to revoke the aforementioned condition of approval shall only be effective upon the following actions occurring as certified by the Development Services Director:
a. Payment in a form acceptable to the City Finance Director of a one -time payment of $50,000; and,
b. Full and irrevocable assignment of the City -approved traffic signal plans from the Applicant and the Engineer of Record to the City of Escondido in a form acceptable to the City Attorney.

4. The City Council directs that this Resolution shall only be effective upon complete and full satisfaction of paragraph 3.a-b as certified by the Development Services Director who shall confirm said satisfaction to the City Clerk and City Attorney.

5. The City Council directs that if one or more of the conditions specified in paragraph 3.a- b are not fully satisfied that the revocation of Street Improvements and Traffic Condition of Approval No. 5 contemplate d in this Resolution shall be null and void and the Condition of Approval shall be retained in effect.

6. The City Council directs that all other conditions of approval specified in Exhibit “E” of Resolution No. 2024-183R adopted by the City Council on Decem ber 4, 2024 shall be in full force and effect and the Applicant shall be subject to compliance with these conditions unless otherwise future amended.

7. After consideration of all evidence presented, and studies and investigations made by the City Council and on its behalf, the City Council makes the Finding of Fact that the action 170
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specified in this Resolution is legally and substantively appropriate to balance the public health, safety and welfare and the requirement for the Applicant to mitigate for the traffic impacts of the project to the Rock Springs Road and Lincoln Avenue intersection proportionate to its scale and nature. The City Council expressly declares that it would not have made this decision except upon and subject to each and all of said conditio ns stated herein, 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.

8. The development plans for the Approved Project are on file in Planning Services 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 development plans shall remain in full force and effect except for the condition of approval revocation stated herein and de velopment of the project shall be done in accordance with these approved plans. Any deviations from the approved development plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.

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

1. NOTICE IS HEREBY GIVEN that the Approved Project is subject to dedications, reservations, and exactions, as specified in the Conditions of Approval except for the revocation of the condition of approval stated herein. The Approved Project is subject to certain fees described in the City of Escondido’s Development Fee Inventory on file in the Development Services Departments.

The Applicant shall be required to pay all development fees of the City then in effect at the time and in such amounts as may prevail when building permits are issued. It is the City’s intent that the costs representing 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 171
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regularly monitor and/or review fee-related information to plan for the costs associated with undertaking the Project.

STAFF REPORT

April 8, 2026
File Number 0875-55

SUBJECT
PUBLIC HEARING TO CONSIDER A SECOND SUBSTANTIAL AMENDMENT TO THE 2025 -2029 CONSOLIDATED PLAN AND 2025-2026 ANNUAL ACTION PLAN TO ALLOCATE HOME FUNDS TO VALLEY

CREEK SENIOR APARTMENTS, AN AFFORDABLE HOUSING DEVELOPMENT PROJECT

DEPARTMENT
Development Services Department, Housing & Neighborhood Services

RECOMMENDATION
Request the City Council of the City of Escondido conduct a public hearing and adopt Resolution No. 2026-50 amending the 2025 -2029 Consolidated Plan and 2025 -2026 Annual Action Plan to allocate HOME funds to Valley Creek Senior Apartments, an affordable housing development project.

Staff Recommendation: Approve (Development Services: Kevin Snyder, Director of Development Services)
Presenter: Danielle Lopez, Housing Manager and Norma Olquin, Management Analyst ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Drive Community and Land Development; Financial Stewardship

FISCAL ANALYSIS
As an entitlement city, the City receives an annual formula allocations of HOME Program funding from HUD. There is no direct or indirect impact to the City’s General Fund.

PREVIOUS ACTION
On June 25, 2025, the City Council adopted Resolution No. 2025-69 that approved Fiscal Year (“FY”) 2025- 2029 Consolidated Plan and FY 2025 -2026 Annual Action Plan for the use of CDBG and HOME funds, conditionally committed funds to projects, authorized the Director of Community Development to execute contracts as appropriate and approved the submittal of the FY 2025-2029 Consolidated Plan and the FY 2025-2026 Annual Action Plan to HUD.

On October 15, 2025, the City Council received an update on the HOME Investment Partnership Program (“HOME”) and provided guidance on program changes and directed staff to bring back options to address expiring funds.
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On March 4, 2026, the City Council held a public hearing to consider a second substantial amendment to the 2025 -2029 Consolidated Plan and 2025 -2026 Annual Action Plan to allocate HOME funds to an affordable housing development project.

BACKGROUND
HOME is a federal block grant program that provides funding to states and cities to be used exclusively for affordable housing activities to benefit low -income households. Funds for HOME are appropriated annually to the Department of Housing and Urban Development ( “HUD”), which in turn distributes funding to states and cities. The City of Escondido is considered an entitlement jurisdiction and receives an annual allocation from HUD for the operations of its HOME program. The funding is determined by a formula, based on population, age of rental units in the city, and poverty levels.

As a recipient of HOME federal funds, the City is required to submit a five-year Consolidated Plan, and an Annual Action Plan that is required for each year of the Consolidated Plan period. The Consolidated Plan and Action Plan identify the community’s housing needs and describes in detail how HOME and other HUD block grant funds will be used to m eet those needs. Cities can administer HOME funds themselves, or they can designate public agencies or nonprofit organizations to administer all or part of the HOME program on their behalf.

The City is required to amend its approved Plan(s) whenever it ma kes one of the following decisions:

 To carry out an activity not previously described in the Annual Plan using funds covered by the Consolidated Plan;
 To substantially amend the purpose, scope, location, or beneficiaries of an activity; or  To substantially amend the allocation priorities or the method of distributing funds.

A substantial amendment is defined as the following:
 An addition, modification, or elimination of a Consolidated Plan goal;  An addition of a new activity not previously identified in the Annual Plan; or  A change that affects the funding level of more than $25,000 for projects budgeted at $100,000 or less, or greater than 25 percent of projects budgeted at more than $100,000.

Substantial amendments must be authorized by the City Council and must be available for public comment for a 30-day period.

At the March 4, Public Hearing the City Council was presented with five options regarding the expenditure of $583,938.80 of expiring HOME funds, including:
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1. Awarding funding to National Core and San Diego Community Housing Corporation (“SDCHC”) for an approved but not yet built Affordable Housing Development within the City limits, with the County as the lead agency, in the amount of $3,000,000.

2. Awarding funding to National Core and SDCHC for an approved but not yet built Affordable Housing Development within the City limits with the County as the lead agency, in the amount of $583,938.80

3. Releasing a city issued Request for Proposals (“RFP”) for an affordable housing project, in the amount of $8,500,000.

4. Administering a supplemental Rental Subsidy Program in the amount of $583,938.80.

5. Administering a supplemental Rental Subsidy Program in the amount of $3,000,000.

PROPOSED SUBSTANTIAL AMENDMENT
Staff recommends awarding the 2018 expiring HOME funds, as well as additional unspent HOME funds to National CORE and SDCHC, for the development of the Valley Creek Senior Apartments Affordable Housing Project.

The Valley Creek Project, located at East Valley Parkway and Fig Street, a vacant 1.88-acre site owned by the County, will construct a 100% affordable housing project, consisting of 136 dwelling units and various on-site amenities. This development will include 136 homes for seniors, with 1 4 apartments set aside specifically for our senior veterans who were homeless or are at risk of becoming homeless. Additionally, they plan to construct tenant improvements and work with Quality Children’s Services ( “QCS”), a highly regarded third -party childcare opera tor. QCS is well -established and has successfully provided free childcare services at their Mission Cove property in Oceanside, serving over 50 children from local families.

National CORE and SDCHC supports families and seniors by providing housing communi ties that are affordable, safe, and of the highest quality. They enhance neighborhood stability through long -term management and maintenance, as well as industry -leading services such as senior wellness, preschool and afterschool programs, support for mental, physical and behavioral health, employment development, family financial training, and social connectedness . A key example of their work is Valley Senior Village, here in Escondido.

Staff recommend awarding not only the $583,938.80 in 2018 expiring funds, but also allocating additional unspent HOME funds from 2019-2023, in the amount of $2.4 million dollars, for a total of $3 million to National CORE Renaissance and San Diego Community Housing Corporation for the development of the Valley Creek Project. Funding this project at this level serves a dual purpose: providing crucial, housing for our most vulnerable residents while strategically deploying funds to prevent expiration and ensuring no resources are recaptured for several years to come.

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In order to accelerate project delivery and meet critical deadlines , the City will utilize a cooperative purchasing approach, 'piggybacking' on the County’s existing RFP . Under this model, the County acts as the lea d agency, providing both the environmental review and competitive RFP process. While this streamlines the procurement process, staff will ensure compliance with all federal standards, specifically conducting the necessary subsidy layering and underwriting reviews. Furthermore, we will execute a formal HOME written agreement with the County’s chosen developer prior to committing any fun ds.

Given the time constraints, conducting a separate competitive solicitation of our own is not feasible.

By supporting this project, we are not only addressing the need for affordable housing units for our most vulnerable residents. We will also ensure that Escondido residents, who are often displaced by rising costs, have preference for these new units and to daycare services. Subject to applicable fair housing laws, the developer will give reasonable preference and consideration to the housing needs of applicants residing in the City of Escondido . Preference indicates that all other factors being equal, an Escondido resident would be selected over a non-resident. This preference will be explicitly written into the final agreement.

Additionally, this funding will strengthen National CORE and SDCHC overall financial proforma , accelerating the development, construction, and availability of affordable housing for the community.

PUBLIC OUTREACH
On March 25, 2026, Housing and Neighborhood Services staff help a community outreach meeting at City Hall to inform the public about the proposed substantial amendment . Five members of the public attended along with a representative from National CORE. The representative from National CORE gave an overview of the project and addressed question from the public regarding the history, financials and programs to be offered at the development. The majority of the questions received by staff focused on the 2018 expiring HOME funds and why the other options presented, specifically the Supplemental Tenant Based Rental Assistance Program, were not feasible due to the short timeline to expend the expiring funds.

An affordable apartment complex dedicated to seniors and veterans can provide significant community, economic and social benefits for the city. It provides fixed income seniors, and veterans with safe stable and affordable housing. It reduces the risk of homelessness and housing displacement and supports aging in place within the community. If approved this amendment would allocate current and future expiring HOME funds, preventing recapture of funds for the next several years.

RESOLUTIONS
a) Resolution No. 2026-50
b) Resolution No. 2026-50— Exhibit “A”— Second Amendment 2025-2029 Consolidation Plan and 2025-2026 Annual Action Plan

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RESOLUTION NO. 2026-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AMENDING THE CITY OF
ESCONDIDO FIVE-YEAR 2025-2029 CONSOLIDATED PLAN
AND ONE -YEAR 2025 -2026 ACTION PLAN AND

APPROVING SUBMITTAL OF AMENDED PLAN TO THE

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

WHEREAS, the City of Escondido (“City”) is a recipient of HOME Investment Partnership Program (“HOME”) funds from the United States Department of Housing and Urban Development (“HUD”); and WHEREAS, the City must submit an approved Annual Action Plan listing all HOME projects and their budgets before the beginning of each HOME program year; and WHEREAS, the City must file an Action Plan Amendment to make a substantial change to the Annual Action Plan including an addition, modification, or elimination of a Consolidated Plan goal; an addition of a new activity not previously identified in the Annual Plan; or a change that affects the funding level of more than $25,000 for projects budgeted at $100,000 or less, or greater than 25 percent of projects budgeted at more than $100,000; and
WHEREAS, the City wishes to allocate $583,938.80 in expiring Fiscal Year 2018 HOME funds, together with $2,416,061.20 in additional unspent HOME funds from Fiscal Years 2019 through 2023, for a total of $3,000,000 in HOME funds, to National CORE and San Diego Community Housing Corporation (“SDCHC”) for the Valley Creek Senior Apartments affordable housing development project, a 100 percent affordable senior housing development proposed within the City of Escondido; and WHEREAS, the City desires at this time and deems it to be in the best public interest to amend the 2025-2029 Five-Year Consolidated Plan and FY 2025-2026 One-Year Action Plan for HOME funds. 177
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the City Council approves the amendment of the 2025-2029 Five-Year Consolidated Plan and FY 2025 -2026 One -Year Action Plan, allocating $3,000,000 in HOME Investment Partnerships Program funds to National CORE and SDCHC for the Valley Creek Senior Apartments affordable housing development project, consisting of $583,938.80 in expiring Fiscal Year 2018 HOME funds and $2,416,061.20 in additional unspent HOME funds from Fiscal Years 2019 through 2023.

3. That the City Council approves the submittal of the amended 2025 -2029 Five -Year Consolidated Plan and FY 2025-2026 One-Year Action Plan to HUD, including modifications to Sections SP- 45, AP-20, AP-35, AP-38, and AP-55. Draft changes are attached to this Resolution as Exhibit “ A,” and is incorporated by this reference.

4. That the Mayor, is hereby authorized to execute, on behalf of the City, all agreements, amendments, certifications, and related documents necessary to implement the HOME funding allocation approved herein for the Valley Creek Senior Apartments affordable housing development project, provided such documents have been approved as to form by the City Attorney. 178
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2025-2
029 Consolidated Plan and 2025-2026 Annual Action Plan
Second Amendment
Public Comment Period
March 5, 2026 – April 3, 2026
Proposed Amendments
Section Page
SP-45 117 &119
AP-20 135
AP-35 138
AP-38 145
AP-55 147
Resolution No. 2026-50
Exhibit "A"

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Escondido City CouncilApril 8, 2026

Escondido City Council
April 8, 2026