Agenda packet, closed session, first session — Escondido City Council, October 7, 2026 (part 2 of 4)

142
Item6.

Consulting Agreement (v2) - 2 - CAO:04/23/2024
Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and CONSULTANT shall accept in full, an amount not to exceed the sum of $294,645.

CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONSULTANT contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.

3. Performance. CONSULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement, except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.

4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B”, attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.

CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONSULTANT with 10 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONSULTANT for any other purpose without the CITY’s prior written consent.

7. Insurance Requirements.
a. CONSULTANT shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate.

Resolution No. 2026-170
Exhibit "A"

Page 2 of 44 ends

143
Item6.

Consulting Agreement (v2) - 3 - CAO:04/23/2024
(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions). Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.

Resolution No. 2026-170
Exhibit "A"

Page 3 of 44 ends

144
Item6.

Consulting Agreement (v2) - 4 - CAO:04/23/2024
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of selfinsurance. CONSULTANT shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of selfinsurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its 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”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, and only to the extent such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. Further, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any Resolution No. 2026-170
Exhibit "A"

Page 4 of 44 ends

145
Item6.

Consulting Agreement (v2) - 5 - CAO:04/23/2024
violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

11. Independent Contractor. CONSULTANT is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT 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. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. 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.

16. 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. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

18. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.

Resolution No. 2026-170
Exhibit "A"

Page 5 of 44 ends

146
Item6.

Consulting Agreement (v2) - 6 - CAO:04/23/2024

19. Notice. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services.

Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

22. Prevailing Wages. If applicable, pursuant to California Labor Code section 1770 et seq., CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as the applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

23. Department of Industrial Relations Compliance. This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONSULTANT shall post all job site notices required by regulation. CONSULTANT, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

24. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

25. 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. 2026-170
Exhibit "A"

Page 6 of 44 ends

147
Item6.

Consulting Agreement (v2) - 7 - CAO:04/23/2024
IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White,Mayor
HR Green Pacific, Inc.

Date: __________________ ___________________________________ Timothy J. Hartnett, Vice President
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
DATE: ________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2026-170
Exhibit "A"

Page 7 of 44 ends

148
Item6.

Consulting Agreement (v2) - 8 - CAO:04/23/2024
ATTACHMENT “A”
Scope of Work
A. General
HR Green Pacific, Inc. (“Consultant”) shall provide the City of Escondido (“City”) with professional traffic engineering, signal timing, design, bid support, and limited construction support services as decribed herein.

B. Location
Consultant shall provide services at various locations including the following intersections:
• Item 1: Escondido Signal Synchronization Project – El Norte Parkway and Valley Parkway (total 55 Intersections):
o El Norte Parkway between Country Club Lane and Valley Parkway (24 Intersections) o Valley Parkway between Citracado Parkway and Lake Wohlford Road (31 Intersections • Item 2: Citracado Parkway (10 intersections) and Intersection Design Study for the intersections in the vicinity of Citracado Parkway and Valley Parkway intersection (4 intersections).

C. Services
Consultant shall provide services as described in Consultant’s proposal, which is attached hereto and incorporated herein as Exhibit 1. In the event of conflict between this Agreement and Exhibit 1, the terms of this Agreement shall prevail. Services shall generally include:

Item 1: Consultant and Fehr & Peers, Consultant’s subconsultant, will work as an integrated team to prepare coordinated traffic signal timing plans. Fehr & Peers will lead the El Norte Parkway corridor and five intersections along Valley Parkway in the vicinity of El Norte Parkway and Valley Parkway with a total of 30 intersections. Consultant will lead the remaining Valley Parkway corridor with a total of 25 intersections and will serve as the prime consultant responsible for project management, quality control, and final submittals to the City. Both firms will conduct peer reviews of each other’s work to maintain consistency across corridors and deliverables.

Item 2: Consultant will support the City by preparing, reviewing, optimizing, and documenting coordinated traffic signal timing plans for Citracado Parkway. The work will be developed in accordance with the latest California Manual on Uniform Traffic Control Devices, the City’s operational preferences, and industry best practices. The final optimized timing parameters and coordination plans will be prepared for implementation in the City’s upgraded SWARCO Omni controller environment. Implementation of the timing sheets will be performed by others.

Page 8 of 44 ends

149
Item6.

Consulting Agreement (v2) - 9 - CAO:04/23/2024
currently operated with “No Right Turn on Red” traffic control during the AM and PM peak hours.
• Right turning traffic at Johnston Pkwy to Citracado Pkwy faces heavy southbound traffic and is further affected by the spillage of left turns traffic at southbound Citracado to Johnston Pkwy on to the through lanes.
• The existing bus stop and lane drop at W Valley Pkwy causes additional issues to the movement of traffic.

Consultant will lead the efforts for the retiming of 10 intersections along the Citracado Pkwy corridor and the traffic study for the Citracado Pkwy/ W. Valley Pkwy intersection vicinity.

Consultant shall provide professional traffic engineering, signal timingdesign, bid support, construction support, project management, and quality control services for the City of Escondido’s:

1. Signal Synchronization Project – El Norte Parkway and Valley Parkway (total 55 Intersections); and

2. Citracado Parkway (10 intersections) and Intersection Design Study for the intersections in the vicinity of Citracado Parkway and Valley Parkway intersection (4 intersections).

D. Scheduling
Consultant shall commence work upon issuance of a Notice to Proceed from the City. Consultant shall coordinate meetings, field reviews, and submittals with the Ali Shahzad, [email protected] (760) 839-4541 City’s Project Manager. See Exhibit 1 for the anticipated project schedule. The schedule is contingent upon timely review of submittals and coordination by the City.

E. Contract Price and Payment Terms
The total compensation under this Agreement shall not exceed $294,645. The following budgets for each task item shall remain firm throughout the term of this Agreement.

Total Fee for El Norte and Valley Parkway Signal Synchronization HR Green for Valley Parkway $91,100
F&P for El Norte Parkway $86,565
SurveyCount for ADT and TMC Counts $21,900
Total $199,565
Total Fee for Signal Sync for Citracado Pwy and Traffic Study Task Fee
HR Green for Citracado $89,380
SurveyCount for ADT and TMC Counts $5,700
Total $95,080
Consultant shall submit monthly invoices based on work completed and percentage progress for each task. The City shall process payment within 30 days of receipt and approval of invoices. The contract price includes labor, standard engineering services, project management, meetings, coordination, and preparation of design and bid documents necessary to complete the scope described herein.

Resolution No. 2026-170
Exhibit "A"

Page 9 of 44 ends

150
Item6.

Consulting Agreement (v2) - 10 - CAO:04/23/2024
F. Term
The term of this Agreement shall commence on the Effective Date and continue through June 30, 2027, unless otherwise extended or terminated in accordance with the Agreement.

G. Other

• The final number of intersections and count locations will be confirmed with the City before data collection begins.
• Existing Synchro models, timing sheets, as-built plans, controller databases, and available speed information will be provided by the City, if available. • Implementation of timing sheets and controller programming will be performed by others. • Consultant and Fehr & Peers will provide fine-tuning of plans after timing plans are programmed. • City reviews will occur in a timeframe that supports the project schedule. • Operational benefits will be documented using before-and-after travel time studies conducted under comparable conditions, to the extent practicable. • Any services outside the scope described herein shall be considered Additional Services and subject to separate authorization by the City.
• Consultant shall maintain all licenses, insurance, and professional registrations required under the Agreement and applicable California law.
• Consultant shall comply with all applicable federal, state, and local regulations, standards, and guidelines, including applicable Caltrans standards and the California Manual on Uniform Traffic Control Devices (CA-MUTCD).

Resolution No. 2026-170
Exhibit "A"

Page 10 of 44 ends

151
Item6.

Consulting Agreement (v2) - 11 - CAO:04/23/2024
ATTACHMENT “B”
Personnel List
Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed in Exhibit 2 to this Attachment B, which id attached hereto and incorporated herein by this reference.

CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

Acknowledged by:

Date: __________________ ___________________________________ Timothy J. Hartnett, Vice President
Resolution No. 2026-170
Exhibit "A"

Page 11 of 44 ends

152
Item6.

Consulting Agreement (v2) - 12 - CAO:04/23/2024
Resolution No. 2026-170
Exhibit "A"

Page 12 of 44 ends

153
Item6.

Consulting Agreement (v2) - 13 - CAO:04/23/2024
Resolution No. 2026-170
Exhibit "A"

Page 13 of 44 ends

154
Item6.
 1260 Corona Pointe Court | Suite 305
Corona, CA 92879
Main 855.900.4742 + Fax 713.965.0044
 HRGREEN.COM
August 28, 2026
Ali Shahzad, PE
City Traffic Engineer
Public Works | Traffic Engineering Services
City of Escondido
201 North Broadway
Escondido, CA 92025
Re: Proposal for City of Escondido Signal Synchronization Project – El Norte Parkway and Valley Parkway (total 55 Intersections)
Dear Mr. Shahzad,
HR Green Pacific, Inc. (HR Green) is pleased to submit this proposal to provide professional traffic engineering services for the City of Escondido Signal Synchronization Projects. This is a task order under HR Green’s On-Call Traffic contract with the City of Escondido.

Through this task we will prepare review and optimize signal timing for the following corridors:
 El Norte Parkway between Country Club Lane and Valley Parkway (24 Intersections)  Valley Parkway between Citracado Parkway and Lake Wohlford Road (31 Intersections) The Google Map link below shows the project intersections for the listed corridors.

City of Escondido 2026 Signal Retiming Project - Google My Maps Resolution No. 2026-170
Exhibit "A"

Page 14 of 44 ends

155
Item6.

Page | 2
Our primary contact for this project is Yogesh Mantri, PE, PTOE, RSP 1. Yogesh has more than 30 years of experience leading traffic signal timing, coordination, and optimization projects for public agencies. He can be reached at 480.283.7229 or by email at [email protected].

We have teamed up with Fehr and Peers and Survey Count, Inc. for this project. Jason Xu will serve as Fehr & Peers’ key staff member for the project. Jason previously performed similar signal synchronization work for the City of Escondido and brings corridor-specific experience that will benefit the project.

Our traffic data collection subconsultant is Survey Count, Inc. The firm has a proven record of providing costefficient services to our key team members on past projects.

We appreciate the opportunity to submit this proposal and look forward to supporting the City of Escondido in delivering this important signal timing project.

Sincerely,
HR GREEN PACIFIC, INC.

Min Zhou, PE
Regional Director

Exhibit I – Scope of Work with Attachments A through C
Resolution No. 2026-170
Exhibit "A"

Page 15 of 44 ends

156
Item6.

Page | 1
EXHIBIT I – SCOPE OF WORK
Corridor Traffic Signal Optimization Task
El Norte Parkway and Valley Parkway Corridors

BACKGROUND
The goal of the City’s 2026 Traffic Signal Timing program is to restore Escondido’s traffic signal communications network, modernize signal controllers, and reestablish coordinated signal operations throughout the citywide signal network. As part of this effort, HR Green and our subconsultant, Fehr & Peers, will support the City by reviewing, optimizing, and documenting coordinated traffic signal timing plans for the El Norte Parkway and Valley Parkway corridors. The work will be developed in accordance with the latest California Manual on Uniform Traffic Control Devices, the City’s operational preferences, and industry best practices. The final optimized timing parameters and coordination plans will be prepared for implementation in the City’s upgraded SWARCO Omni controller environment. Implementation of the timing sheets will be performed by others.

HR Green and Fehr & Peers will work as an integrated team. Fehr & Peers will lead the El Norte Parkway corridor and five intersections along Valley Parkway in the vicinity of El Norte Parkway and Valley Parkway with a total of 30 intersections. HR Green will lead the remaining Valley Parkway corridor with a total of 25 intersections and will serve as the prime consultant responsible for project management, quality control, and final submittals to the City.

Both firms will conduct peer reviews of each other’s work to maintain consistency across corridors and deliverables. The detailed scope of work is described below.

SCOPE OF WORK
Task 1 – Project Management and Administration
HR Green will coordinate the project kickoff meeting, which may be held in person in Escondido or virtually, depending on the City’s preference. The kickoff meeting will confirm project goals, available data, corridor limits, project schedule, communication protocols, deliverable formats, and City timing preferences. HR Green’s Project Manager, technical leads, Fehr & Peers’ staff, and appropriate City staff will attend.

We will attend one (1) project kickoff meeting and up to five (5) progress meetings to review project status, discuss technical issues, and address the City’s comments as needed.

Regular coordination between HR Green, Fehr & Peers, and the City will support timely completion of project milestones and consistency in technical approach and deliverables.

Deliverables
• Meeting agendas
• Meeting minutes
• Monthly coordination and project management
Resolution No. 2026-170
Exhibit "A"

Page 16 of 44 ends

157
Item6.

Page | 2
Task 2 – Existing Conditions Review and Data Collection The HR Green team will compile and review available project information, including existing timing sheets, controller databases, Synchro models, speed survey data, as-built plans, the City’s prior signal timing documentation, and other relevant materials provided by the City. This information will establish the basis for evaluating existing signal operations and developing optimized timing plans.

A. Field Verification
After receiving City-provided documents and files, the HR Green team will conduct field investigations at the project intersections to verify existing lane geometry, signal phasing, controller operation, pedestrian crossing distances, applicable grades, and other operational characteristics that affect signal coordination. Pedestrian crossing distances and applicable roadway grades will be measured at intersections that were not evaluated as part of the City’s prior signal timing work. The field review will confirm whether available documentation accurately reflects existing conditions and will identify operational issues to address during optimization.

To support the calculation of bicycle minimum green intervals in accordance with the 2026 California MUTCD, bicycle turning paths will be identified and measured using Google Earth and verified in the field, as needed.

The measurements will be documented in an Excel spreadsheet for use in developing recommended timing parameters.

Assumption: Signal system inventory or equipment troubleshooting is not part of this scope of work.

B. ADT & Turning Movement Counts
HR Green and its subconsultant, Survey Count, Inc., will gather the traffic count data. They will undertake the gather six (6) 24-hour average daily traffic count over three consecutive days at three locations along Valley Parkway and three locations along El Norte Parkway.

Final count locations will be confirmed through discussions with the City. The ADT counts will be used to confirm representative peak periods before processing turning movement count data. HR Green will review the ADT results and provide direction to Survey Count, Inc. regarding the AM, midday, and PM peak periods to be processed.

Survey Count will perform turning movement at 55 intersections for a six-hour period on one weekday, including the AM, midday, and PM peak periods. Video data collection will be scheduled to capture complete queue formation and dissipation during each analysis period, providing an additional level of quality control.

The counts shall include two vehicle classifications (passenger car and heavy vehicles), pedestrian counts, and bicycle counts.

Deliverables
• ADT counts
• Turning movement counts
• Video Data Verification Log
• Field verification notes if needed
Data Required from the City
• Existing timing sheets
• Signal record drawings
• Synchro network model, if available
• Controller databases (if available)
• Posted speed map (if available)
Resolution No. 2026-170
Exhibit "A"

Page 17 of 44 ends

158
Item6.

Page | 3
Task 3 – Signal Timing Review and Optimization
Before optimizing coordinated signal timing plans, the HR Green team will review and update basic vehicle, bicycle, and pedestrian timing parameters for the project intersections, with particular attention given to locations that were not evaluated as part of the City’s prior signal timing work. Recommended basic timing parameters will be developed using the data collected under Task 2 and in accordance with the latest California MUTCD, the City’s timing preferences, and industry best practices.

The review will include the following timing parameters:
• Minimum Green
• Bicycle Minimum Green
• Yellow Change Interval
• Red Clearance Interval
• Walk Time
• Flash Don’t Walk Time
Existing Synchro models will be updated and calibrated to Synchro 12 using current traffic counts and field observations. Separate models will be developed for the weekday AM, Midday, and PM peak periods. Once City staff approve the existing Synchro files and basic timing parameters, we will first complete the analysis to generate the most efficient grouping and cycle length for each peak. A technical memorandum will be developed to summarize the preliminary recommended signal groupings, traffic progression strategies and cycle lengths, including minimum cycle length requirements based on pedestrian crossing times, coordination constraints at Caltrans intersections, and other operational considerations.

Upon the City’s approval of the cycle length recommendations, the HR Green team will perform detailed corridor optimization for all peak periods. This work will include development of recommended offsets, splits, phase sequences, coordination parameters, and operational adjustments. The optimized timing plans will balance arterial progression, intersection capacity, side-street operations, pedestrian requirements, bicycle timing needs, and operational constraints while maintaining coordination across the project corridors. Separate Synchro networks will be developed for the weekday AM, midday, and PM peak periods for City review and approval.

Deliverables
• Technical memorandum summarizing recommended coordination strategy • Optimized Synchro 12 models for weekday AM, Midday, and PM peak periods Task 4 – Timing Sheets Following acceptance of the optimized timing plans, the HR Green team will prepare implementation-ready timing sheets for the City’s new SWARCO Omni controllers. The timing sheets will be provided in the format preferred by the City and coordinated with the controller upgrade work being performed by others. • Excel Timing Charts – An implementation-ready spreadsheet summarizing the approved basic timing parameters and coordinated timing plans, including cycle lengths, splits, offsets, phase sequence, and coordination setting adjustment (if needed) for the AM, Midday, and PM peak periods. • SWARCO Omni Timing Sheets – If the SWARCO Omni timing sheet format is available, Fehr & Peers will prepare or mark up the proposed timing parameters directly on the City's standard controller timing sheets to facilitate controller programming and support a seamless transition to the new signal controllers.

Deliverables
• Implementation-Ready Timing Charts
Resolution No. 2026-170
Exhibit "A"

Page 18 of 44 ends

159
Item6.

Page | 4
Task 5 – Finetuning Successful implementation is essential to realizing the operational benefits of optimized signal timing. The HR Green team will work closely with the City’s traffic signal operations team to support a smooth deployment and confirm that approved timing plans are accurately translated into the new controller environment. The implementation-ready timing sheets developed under Task 4 will be used by the City’s controller integration team to program the SWARCO Omni controllers. As needed, the HR Green team will provide technical support during controller programming to answer questions, verify timing parameter implementation, and assist in resolving issues identified during deployment.

Following implementation of the new controllers, the HR Green team will coordinate field visits to fine-tune timing parameters for the AM, midday, and PM peak periods. Field teams will drive the corridors to observe progression, queues, and operational performance, and a signal specialist will verify that selected timing parameters are operating as intended at individual intersections. Field adjustments will be made to minimize disruptions, improve progression, and accommodate observed turning movements and pedestrian activity.

Field observations will focus on:
• Signal coordination
• Queue progression
• Split utilization
• Offset performance
• Intersection-specific operational issues
Based on field observations, the HR Green team will adjust timing parameters as needed to optimize corridor performance while maintaining consistency with the approved timing strategy. We will also prepare an Implementation Plan describing the deployment sequence, quality-control procedures, and verification process to ensure consistency among the Synchro models, timing sheets, controller databases, and central signal system.

Deliverables
• Final Synchro models with fine-tuned timing plans
Task 6 – “Before” and “After” Travel Time Studies To quantify operational improvements, the HR Green team will conduct before-and-after travel time studies along each project corridor using GPS-based Tru-Traffic software.

A minimum of four (4) runs in each direction will be completed during the AM, Midday, and PM peak periods before implementation and following completion of timing fine-tuning. Data collection will be performed under comparable seasonal and operating conditions to ensure meaningful comparisons. Performance measures will include:
• Travel time
• Total delay
• Average speed
• Number of stops
The results will be summarized in a concise technical memorandum to document operational improvements achieved through the optimized signal timing plans.

Deliverables
• Before-and-after travel time summary
• Corridor performance evaluation
Resolution No. 2026-170
Exhibit "A"

Page 19 of 44 ends

160
Item6.

Page | 5
Task 7. Sub-Consultant Management
HR Green will review the work products prepared by the sub-consultant before submitting those to the City. The purpose of this review will not be to check the completeness of the work produced by the sub-consultants. Each of the sub-consultants will be responsible for the accuracy of their work. In addition, since Fehr and Peers will be coordinating some of the signals on the Valley Parkway, this mutual coordination will be essential to optimize the corridor timings.

Task 8. Final Technical Memorandum
HR Green will provide the City with the final Synchro files for each of the signals for each of the corridors. We will prepare a draft Technical Memorandum documenting findings, final analysis recommendations, and results of final implementation with summary tables and charts. The City will be provided up to two weeks to review and comment on the draft Technical Memorandum.

We will incorporate the comments provided by the City and will provide an electronic copy of the Final Technical Memorandum. Appendices will include traffic counts, final Synchro reports, and traffic signal timing plans.

DELIVERABLES SUMMARY
The following deliverables are included in this proposal:
• Kickoff meeting agenda and meeting minutes
• Progress meeting agendas, minutes, and action item tracking • Available data review summary
• ADT count data and turning movement count data
• Field verification notes, as needed
• Basic timing parameter review and recommendations
• Technical memorandum summarizing recommended coordination strategy, cycle lengths, and grouping approach
• Optimized Synchro 12 models for weekday AM, midday, and PM peak periods • Implementation-ready timing charts or SWARCO Omni timing sheets • Final Synchro models with field fine-tuned timing plans • Before-and-after travel time summary and corridor performance evaluation • Draft and Final Technical Memorandum
• Setup SharePoint for final documentation of all files to the City Resolution No. 2026-170
Exhibit "A"

Page 20 of 44 ends

161
Item6.

Page | 6

PROJECT SCHEDULE
Task Weeks 1–2 Weeks 3–4 Weeks 5–8 Weeks 9-10 Weeks 11–14 Weeks 14–17 Weeks 18-20 Notice to Proceed / Kickoff
Data Review and Field Verification
Traffic Counts and Peak Period Confirmation
Basic Timing Parameter Review
Cycle Length and Coordination Strategy
Synchro Optimization and City Review
Timing Sheets / Implementation Support
Fine-Tuning and Before/After Evaluation
Draft and Final Technical Memorandum

SCHEDULE ASSUMPTIONS
• The schedule will begin upon receipt of written Notice-to-Proceed. • City-provided data, including Synchro files and available timing sheets, will be provided promptly after kickoff. • City review comments will be consolidated and returned within durations that support the agreed-upon schedule. • Controller programming and implementation will be performed by others. • Field fine-tuning and before/after studies will be scheduled after controller implementation and will depend on field conditions and City availability.

Resolution No. 2026-170
Exhibit "A"

Page 21 of 44 ends


Page | 7

PROJECT TEAM

KEY PERSONNEL
• Project Manager: Yogesh Montri, PE, PTOE, RSP 1
• Deputy Project Manager: Art Casillas, PE
• HR Green Technical Team: Min Zhou, Jeannie MacDonlad, Manoj Pavithran, Lily Diaz, Sonia Rahaman, and additional traffic engineering staff as needed
• Fehr & Peers Lead: Jason Xu
• Survey Count Lead: Ben Zhou

ASSUMPTIONS
This proposal is based on the following assumptions:
• The final number of intersections and count locations will be confirmed with the City before data collection begins.
• Existing Synchro models, timing sheets, as-built plans, controller databases, and available speed information will be provided by the City, if available. • Implementation of timing sheets and controller programming will be performed by others. • HR Green and Fehr & Peers will provide fine-tuning of plans after timing plans are programmed. • City reviews will occur in a timeframe that supports the project schedule. • Operational benefits will be documented using before-and-after travel time studies conducted under comparable conditions, to the extent practicable.

OUT OF SCOPE ITEMS
Items not specifically covered by the preceding scope and arising out of additional requirements by the City, will be considered additional services. HR Green will complete such additional services upon authorization by the City.

The additional services will be billed according to the hourly billing rates approved in the On-call contract.

FEE
Our proposed not-to-exceed fee for professional engineering services is $199,565. Separate derivation of hours and fee tables are provided for HR Green and Fehr & Peers for their respective project responsibilities in the attachments and exhibits. The fee is based on the scope, assumptions, and schedule described in this proposal.

Page 22 of 44 ends

163
Item6.

Page | 8
Attachment – A: HR Green’s Fee Table
Attachment – B: Fehr & Peers Scope of Work and Fee Proposal Attachment – C: SurveyCount Scope of Work and Fee Proposal Resolution No. 2026-170
Exhibit "A"

Page 23 of 44 ends

164
Item6.

HR Green's Fee for City of Escondido Signal Synchronization - Valley Parkway Project
Manager
(PM)
Principal-inCharge
(PIC)
Sr. Transp.

Engineer
(TE)
Staff
Engineer
(SE)
Project
Admin
(A)
$290 $350 $250 $180 $110
Task 1 – Project Management and Administration
10 5 0 10 6 31 $360 $7,470 $7,470
Task 2 - Existing Conditions Review & Data Collection
8 13 26 47 $10,250 $10,250
Task 3 – Signal Timing Review and Optimization
16 4 32 75 127 $1,380 $28,920 $28,920
Task 4 – Timing Sheets
4 0 26 26 56 $620 $12,960 $12,960
Task 5 – Finetuning
4 0 3 26 33 $330 $6,920 $6,920
Task 6 – "Before" and "After" Travel Time Studies
4 24 24 52 $2,570 $14,050 $14,050
Task 7 – Draft and Final Tech Memo
2 2 16 20 $210 $4,370 $4,370
Task 8 - QAQC F&P's Work
4 20 $6,160 $6,160
Total for all Tasks 48 11 98 203 6 366 $5,470 $91,100 $91,100 Notes:

This fee proposal is valid for a period of 90 days from the proposal submittal date.

Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded.

Mileage is billed at the IRS rate plus 10% handling fee Other direct costs include technology and security charges are billed as a percentage of labor All other direct and subconsultant expenses are billed with 10% handling fee Rates and staff are subject to change at any time, without notice, and within the total budget shown Total
Costs Tasks
HR Green Pacific, Inc.

Labor
Hours
Direct
Costs
Total
1 Resolution No. 2026-170
Exhibit "A"

Page 24 of 44 ends

165
Item6.

Proposal for the City of Escondido 2026 Traffic Signal Timing Project | 1 August 28, 2026
Min Zhou, PE
Regional Director
HR Green
1260 Corona Pointe Court, Suite 305
Corona, CA 92879
Subject: Proposal for the City of Escondido 2026 Traffic Signal Timing Project Dear Ms. Zhou:

We appreciate the opportunity to partner with HR Green on the City of Escondido's 2026 Traffic Signal Timing Project. We understand that the City is restoring its traffic signal communications network, modernizing signal controllers, and reestablishing coordinated signal operations throughout the citywide signal network. As part of this effort, the existing traffic signal timing parameters will be reviewed and optimized to comply with the latest California Manual on Uniform Traffic Control Devices (CA MUTCD), the City's operational preferences, and industry’s best practices. As part of this project, Fehr & Peers will perform traffic signal timing optimization, implementation, and finetuning for the 30 intersections listed below and illustrated in the accompanying figure. • El Norte Parkway between Country Club Lane and Valley Parkway (24 intersections) • Valley Parkway between Lake Wohlford Road and N Citrus Ave (6 intersections) Recognizing the operational significance of these corridors, Fehr & Peers has assembled an experienced team with extensive expertise in traffic signal operations, signal timing optimization, and corridor synchronization. We propose Mr. Jason Xu, PE, PTOE, PMP as Project Manager and the primary point of contact for HR Green, the City, and other project stakeholders. Jason will oversee all Resolution No. 2026-170
Exhibit "A"

Page 25 of 44 ends

166
Item6.

Proposal for the City of Escondido 2026 Traffic Signal Timing Project | 2 aspects of the project from initiation through completion, including technical quality, schedule, staff coordination, and client communication.

Jason has more than 20 years of experience delivering traffic signal operations and synchronization projects for municipal and regional agencies throughout Southern California. He also played a key role in the City of Escondido's 2019 Traffic Signal Timing Project, leading the optimization and deployment of signal timing along the entire El Norte Parkway corridor and key intersections on Valley Parkway. His familiarity with the City's signal system, operational objectives, and corridor characteristics will enable our team to efficiently develop high-quality timing plans while minimizing project risk.

Scope of Work
Task 1 – Project Management and Administration
Fehr & Peers will assist HR Green in project management throughout the duration of the project, including technical coordination, schedule management, quality assurance, and communication with HR Green and the City. We will attend one (1) project kickoff meeting and up to four (4) progress meetings to review project status, discuss technical issues, and address City’s comments as needed.

Prior to each meeting, Fehr & Peers will assist HR Green with agenda preparation and meeting minutes documenting key decisions, action items, and responsibilities. We aim to complete the meeting minutes within five business days following each meeting. Regular coordination among the project team will ensure timely completion of project milestones and consistency in technical approach and deliverables.

Task 2 – Existing Conditions Review
Fehr & Peers will compile and review all available project information, including existing timing sheets, controller databases, Synchro models, speed survey data, as-built plans, and other available documentation provided by the City. This information will establish the basis for evaluating existing signal operations and developing optimized timing plans.

For intersections along the corridors that fall under Caltrans jurisdiction, project team will submit a Public Records Request to Caltrans to obtain existing timing sheets and relevant documentation.

Field Verification
After receiving City provided documents and files, Fehr & Peers will conduct field investigations at 30 project intersections along El Norte Parkway and Valley Parkway to verify existing lane geometry, signal phasing, controller operation, pedestrian crossing distances, applicable grades, and other operational characteristics that affect the deployment of signal synchronization. Pedestrian crossing distances and applicable roadway grades will only be measured at intersections that were not evaluated as part of the City's 2019 signal timing project. The field review will confirm that available documentation accurately reflects existing conditions and identify operational issues that should be addressed during optimization.

To support the calculation of bicycle minimum green intervals in accordance with the California MUTCD, bicycle turning paths will be identified and measured using Google Earth and verified in the field, as needed. The measurements will be documented in an Excel spreadsheet for use in developing recommended timing parameters.

Resolution No. 2026-170
Exhibit "A"

Page 26 of 44 ends

167
Item6.

Proposal for the City of Escondido 2026 Traffic Signal Timing Project | 3 Comprehensive signal system inventory or equipment troubleshooting is not anticipated under this project.

Fehr and Peers will review the ADT counts and 5-min/15-min traffic count distribution charts that HR Green provides for El Norte Parkway corridor and identify the appropriate peak periods for video processing of turning movement counts and time-of-day schedule update.

The turning movement count data provided by HR Green should be compatible with Synchro input files and directly importable into the Synchro model without requiring additional post-processing.

Data Required from the City
• Existing timing sheets
• Signal as-built plans
• Controller databases (if available)
• Posted speed map (if available)
Task 3 – Signal Timing Review and Optimization
Prior to optimizing coordinated signal timing plans, Fehr & Peers will review and update the basic vehicle and pedestrian timing parameters for 30 project intersections along El Norte Parkway and Valley Parkway, with particular attention given to intersections that were not evaluated as part of the City's 2019 signal timing project. Recommended basic timing parameters will be developed using the data collected under Task 2 and in accordance with the latest version of CA MUTCD, City timing preference, and industry best practices. The review will include the following timing parameters:
• Minimum Green
• Bicycle Minimum Green
• Yellow Change Interval
• Red Clearance Interval
• Walk Time
• Flash Don’t Walk Time
Existing Synchro models will be updated and calibrated using current traffic counts and field observations. Separate models will be developed for the weekday AM, Midday, and PM peak periods.

Once City Staff approve the existing Synchro files and basic timing parameters, Fehr & Peers will first complete the analysis to generate the most efficient grouping and cycle length for each peak period.

A technical memorandum will be developed to summarize the preliminary recommended signal groupings, traffic progression strategies and cycle lengths, including minimum cycle length requirements based on pedestrian crossing times, coordination constraints at Caltrans intersections, and other operational considerations.

We will pay special attention to left-turn splits to ensure they are sufficient to accommodate turning demand and are not reduced from the existing splits.

Upon the City’s approval of the cycle length recommendations, Fehr & Peers will perform a detailed optimization for the corridors for all three peak periods. This will include the development of optimal offset values, phasing sequence, and splits. The optimized timing plans will balance arterial progression, intersection capacity, side-street operations, pedestrian requirements, and operational Resolution No. 2026-170
Exhibit "A"

Page 27 of 44 ends

168
Item6.

Proposal for the City of Escondido 2026 Traffic Signal Timing Project | 4 constraints while maintaining coordination across the three project corridors. A separate Synchro network will be developed for each of the peak periods for City review and approval.

Deliverables
• Technical memorandum summarizing recommended coordination strategy • Optimized Synchro 12 models for weekday AM, Midday, and PM peak periods Task 4 – Timing Sheets
Following acceptance of the optimized timing plans, Fehr & Peers will prepare implementation-ready timing sheets for the 30 project intersections along El Norte Parkway and Valley Parkway. The timing sheets will be provided in one of the following formats, based on the City's preference and progress of the controller upgrade project conducted by another team:
• Excel Timing Charts – An implementation-ready one-page spreadsheet summarizing the approved basic timing parameters and coordinated timing plans, including cycle lengths, splits, offsets, phase sequence, and coordination setting adjustment (if needed) for the AM, Midday, and PM peak periods.
• SWARCO Omni Timing Sheets – If the SWARCO Omni timing sheet format is available, Fehr & Peers will prepare or mark up the proposed timing parameters directly on the City's standard controller timing sheets to facilitate controller programming and support a seamless transition to the new signal controllers. Creating complete new Omni timing sheets or transferring the existing timing parameters from 233/2033 program format into Omni program formation are excluded from this scope.

Deliverables
• Implementation-Ready Timing Charts
Task 5 – Implementation and Finetuning
Successful implementation is essential to realizing the operational benefits of optimized signal timing.

Fehr & Peers will work closely with HR Green and the City's controller integration team to support a smooth implementation and ensure the approved timing plans are accurately deployed. The implementation-ready timing sheets developed under Task 4 will be used by the City's controller integration team to program the new SWARCO Omni controllers. As needed, Fehr & Peers will provide technical support during controller programming to answer questions, verify timing parameter implementation, and assist in resolving any issues identified during deployment for the 30 project intersections along El Norte Parkway and Valley Parkway.

Following the implementation of new controllers, Fehr & Peers will coordinate field visits to fine-tune the implemented timing parameters for all peak periods using Synchro models for the 30 project intersections along El Norte Parkway and Valley Parkway.

Our field team consists of one engineer driving along the corridor for coordination finetuning and one signal specialist who verifies field operation at each signal to confirm the designed timings have been appropriately implemented and accommodate all turning movements to minimize disruption to the existing traffic.

Resolution No. 2026-170
Exhibit "A"

Page 28 of 44 ends

169
Item6.

Proposal for the City of Escondido 2026 Traffic Signal Timing Project | 5 Field observations will focus on:
• Signal coordination
• Queue progression
• Split utilization
• Offset performance
• Intersection-specific operational issues
• Whether the existing splits are sufficient to clear turning pocket after each cycle.

Based on field observations, Fehr & Peers will adjust timing parameters as needed to optimize corridor performance while maintaining consistency with the approved timing strategy.

Deliverables
• Final Synchro models with fine-tuned timing plans
Task 6 – Before and After Studies
To quantify operational improvements, Fehr & Peers will conduct before-and-after travel time studies along El Norte corridor using GPS-based Tru-Traffic software.

A minimum of four (4) runs in each direction will be completed during each of the AM, Midday, and PM peak periods before implementation and following completion of timing fine-tuning. Travel time surveys will be performed under comparable seasonal and operating conditions to ensure meaningful comparisons.

Performance measures will include:
• Travel time
• Total delay
• Average speed
• Number of stops
The results will be summarized in a concise technical memorandum to document operational improvements achieved through the optimized signal timing plans.

Deliverables
• Before-and-after travel time summary
• Corridor performance evaluation memorandum
Task 7 – Technical Memorandum
Upon completion of the signal timing implementation and fine-tuning effort, Fehr & Peers will prepare a Final Technical Memorandum documenting signal timing optimization methodology, implementation process, and field fine-tuning efforts. The memorandum will summarize the approved timing strategies and present the results of the before-and-after performance evaluation for El Norte Parkway corridor, including travel time, delay, average speed, number of stops, and other applicable performance measures, to quantify the operational improvements achieved through the project.

Deliverables
• Final Technical Report for El Norte Parkway Timing Implementation Resolution No. 2026-170
Exhibit "A"

Page 29 of 44 ends

170
Item6.

Proposal for the City of Escondido 2026 Traffic Signal Timing Project | 6 Task 8 – Technical Review of HR Green Proposed Timings
Fehr & Peers will provide up to 16 hours of senior technical review and quality assurance support for the traffic signal coordination timing plans developed by HR Green for the remaining Valley Parkway and along Citracado Parkway. Our review will focus on the overall operational effectiveness of the proposed coordination plans and optimization strategy developed in Synchro 12.

Fehr & Peers' review will emphasize corridor-level traffic operations, including the efficiency of proposed cycle lengths, coordination groupings, offsets, splits, progression quality, and overall traffic signal coordination strategy. Recommendations will be provided to enhance traffic progression, improve operational performance, and promote consistency in timing philosophy across the project corridors.

This senior technical review is intended to complement, not replace, HR Green's internal quality control process. HR Green will remain responsible for verifying the accuracy of the Synchro models, including coding of intersection geometry, lane configurations, signal phasing, traffic volumes, basic timing parameters, and calibration of the Synchro models to accurately reflect existing field conditions prior to optimization.

Schedule
Upon project award, Fehr & Peers will work with HR Green to schedule a kickoff meeting within ten (10) business days. Following the kickoff meeting, we will immediately begin data review, field verification, and signal timing optimization with the goal of completing the Synchro models, optimized timing plans, and implementation-ready timing sheets before the City's new signal controllers are placed into service for each corridor.

Fee
Our cost proposal for this project is provided below. The proposed fee is based on a Time-andMaterials (T&M) with a not-to-exceed fee of $86,565 for completing Task 1 through Task 8 of the Scope of Work. The table below presents a breakdown of the proposed fee by task and labor category.

Resolution No. 2026-170
Exhibit "A"

Page 30 of 44 ends

171
Item6.

Proposal for the City of Escondido 2026 Traffic Signal Timing Project | 7 If this proposal/scope/budget is acceptable and you would like to authorize the work, please sign below and reply to the transmittal email with authorization to proceed. We appreciate the opportunity to continue providing support for the City.

Sincerely,

FEHR & PEERS
Delia Votsch, PE
Office Manager
Resolution No. 2026-170
Exhibit "A"

Page 31 of 44 ends

172
Item6.

Project#: P2026-14003
Quote#: SC14003

Ben Zhou
PO Box 1946
Walnut, CA 91788
[email protected]
Mobile: (949) 543-5767
Date: August 16, 2026
To: Yogeshi Mantri, PE
HR Green
480.283.7229

Subject: Proposal for Traffic Count Services for the City of Escondido Signal Synchronization Project: El Norte Parkway and Valley Parkway

SCOPE OF WORK
Task 1: Perform six video ADT counts at six locations, with each location surveyed for three consecutive 24-hour periods.

Final count locations shall be confirmed with HR Green and the City.

The ADT counts will be used to determine peak periods prior to processing the Task2 turning movement counts. SurveyCount needs HR Green’s direction on the determination of peak periods for AM, midday, and PM.

Task 2: Perform turning movement counts at 55 intersections for a six-hour period on one weekday, including the AM, midday, and PM peak periods.

The counts shall include two vehicle classifications, pedestrian counts, and bicycle counts.

The proposed intersection locations are listed below and are also identified in the Google map referenced following the list.

No. Intersection Location
1 2：El Norte Parkway and Key Lime Way/Oak Tree Place
2 3：El Norte Parkway and Escondido Creek
3 4：El Norte Parkway and Kaile Lane
4 5：El Norte Parkway and E Washington Avenue
5 6：El Norte Parkway and Red Blush Road
6 7：El Norte Parkway and E Lincoln Avenue
7 8：El Norte Parkway and N Midway Drive
8 9：El Norte Parkway and Vista Verde Way
9 10：El Norte Parkway and N Rose Street
10 11：El Norte Parkway and Conway Drive
Resolution No. 2026-170
Exhibit "A"

Page 32 of 44 ends

173
Item6.

Project#: P2026-14003
Quote#: SC14003
11 12：El Norte Parkway and N Ash Street
12 13：El Norte Parkway and N Fig Street
13 1：El Norte Parkway and Valley Parkway
14 14：El Norte Parkway and N Broadway
15 15：El Norte Parkway and Centre City Parkway
16 16：El Norte Parkway and Morning View Drive
17 17：El Norte Parkway and S Iris Lane
18 18：El Norte Parkway and Seven Oaks Road
19 19：El Norte Parkway and NB I-5 Ramp
20 20：El Norte Parkway and SB I-5 Ramp
21 21：El Norte Parkway and Nordahl Road
22 22：El Norte Parkway and Rees Road
23 23：El Norte Parkway and Bennett Avenue
24 24：El Norte Parkway and W Country Club Lane
25 25：Valley Parkway and Beven Drive
26 26：Valley Parkway and Eureka Drive
27 27：Valley Parkway and James Street
28 28：Valley Parkway and Bear Valley Parkway
29 29：Valley Parkway and N Citrus Avenue
30 65：Valley Parkway and Lake Wohlford Road
1 30: Valley Parkway and N Midway Drive
2 31：Valley Parkway and N Rose Street
3 32：Valley Parkway and Harding Street
4 33：Valley Parkway and N Ash Street
5 34：Valley Parkway and N Date Street
6 35：Valley Parkway and N Fig Street
7 36：Valley Parkway and N Hickory Street
8 37：Valley Parkway and N Ivy Street
9 38：Valley Parkway and N Juniper Street
10 39：Valley Parkway and N Broadway
11 40：Valley Parkway and Maple Street Plaza
12 41：Valley Parkway and N Escondido Boulevard
13 42：Valley Parkway and S Orange Street
14 43：Valley Parkway and Centre City Parkway
15 44：Valley Parkway and N Quince Street
16 45：Valley Parkway and Gateway Center Drive
17 46：Valley Parkway and Tulip Street
18 47：Valley Parkway and La Terraza Boulevard/Plaza Las Palmas Resolution No. 2026-170
Exhibit "A"

Page 33 of 44 ends

174
Item6.

Project#: P2026-14003
Quote#: SC14003
19 48：Valley Parkway and NB I-5 Ramp
20 49：Valley Parkway and SB I-5 Ramp
21 50：Valley Parkway and Auto Park Way
22 51：Valley Parkway and W 9th Avenue
23 52：Valley Parkway and Home Depot Center Driveway
24 53：Valley Parkway and W 11th Avenue
25 54：Valley Parkway and Avenida Del Diablo
The proposed locations are shown on the Google map below:
https://www.google.com/maps/d/viewer?mid=1Tt8AqtYYPfEUWYHiGDi5AHAsYPdmTmo&ll =33.1171455362213%2C-117.0875511651073&z=15

FEE SCHEDULE

Task 1: 6 locations × 3 days × $300.00 per video ADT count = $5,400.00 Task 2: 55 intersections × $300.00 per six-hour count = $16,500.00 Total: $21,900.00

AUTHORIZATION
If this proposal is acceptable, please complete, sign, and return a copy of this authorization to our office.
_____________________________________________________________ Signature Date

_____________________________________________________________ Print or Type Name & Title

We appreciate the opportunity to provide these services and look forward to working with you.

Resolution No. 2026-170
Exhibit "A"

Page 34 of 44 ends

175
Item6.
 1260 Corona Pointe Court | Suite 305
Corona, CA 92879
Main 855.900.4742 + Fax 713.965.0044
 HRGREEN.COM
August 28, 2026
Ali Shahzad, PE
City Traffic Engineer
Public Works | Traffic Engineering Services
City of Escondido
201 North Broadway
Escondido, CA 92025
Re: Proposal for Signal Optimization along Citracado Parkway (10 intersections) and Intersection Design Study for the intersections in the vicinity of Citracado Parkway and Valley Parkway intersection (4 intersections).

Dear Mr. Shahzad,
HR Green Pacific, Inc. (HR Green) is pleased to submit this proposal to provide professional traffic engineering services for the Citracado Pkwy corridor in the City of Escondido. This is a task order under HR Green’s On-Call Traffic contract with the City of Escondido.

Through this task we will:
 Review and optimize signal timing for Citracado Parkway between Scenic Trail Way and Auto Park Way.  Perform an Intersection Design Study for the vicinity of Citracado Parkway at W. Valley Parkway intersection.

The Google Map link below shows the project intersections for the listed corridors with a total of 14 intersections) Resolution No. 2026-170
Exhibit "A"

Page 35 of 44 ends

176
Item6.

Page | 2
City of Escondido 2026 Signal Retiming Project - Google My Maps Our primary contact for this project is Yogesh Mantri, PE, PTOE, RSP 1. Yogesh has more than 30 years of experience leading traffic signal timing, coordination, and optimization projects for public agencies. He can be reached at 480.283.7229 or by email at [email protected].

Our traffic data collection subconsultant is Survey Count, Inc. The firm has a proven record of providing cost-efficient services to our key team members on past projects.

We appreciate the opportunity to submit this proposal and look forward to supporting the City of Escondido in delivering this important signal timing project.

Sincerely,
HR GREEN PACIFIC, INC.

Min Zhou, PE
Regional Director

Exhibit I – Scope of Work with Attachments A through B
Resolution No. 2026-170
Exhibit "A"

Page 36 of 44 ends

177
Item6.

Page | 1
EXHIBIT I – SCOPE OF WORK
Citracado Pkwy Corridor Traffic Signal Optimization & Intersection Design Study

BACKGROUND
The goal of the City’s 2026 Traffic Signal Timing program is to restore Escondido’s traffic signal communications network, modernize signal controllers, and reestablish coordinated signal operations throughout the citywide signal network. As part of this effort, HR Green will support the City by reviewing, optimizing, and documenting coordinated traffic signal timing plans for Citracado Parkway. The work will be developed in accordance with the latest California Manual on Uniform Traffic Control Devices, the City’s operational preferences, and industry best practices. The final optimized timing parameters and coordination plans will be prepared for implementation in the City’s upgraded SWARCO Omni controller environment. Implementation of the timing sheets will be performed by others.

Additionally the City seeks to improve traffic flow and safety on the roadway network near and including the Citracado Parkway and West Valley Parkway intersection in the City. The adjacent intersections include:
• Citracardo Pkwy/ Johnston Pkwy
• W Valley Pkwy/ Knoll View
• W Valley Pkwy/ Claudan Rd
Some of the traffic issues identified by the City for the intersection design study at the subject locations include:
• The mobile Park driveway tends to be blocked by heavy northbound left turn volumes. Vehicles exiting the mobile park find it difficult to make left turns at the Knoll View intersection. • The right turn volumes at the westbound Citracado Pkwy to W Valley Pkwy is heavy and currently operated with “No Right Turn on Red” traffic control during the AM and PM peak hours. • Right turning traffic at Johnston Pkwy to Citracado Pkwy faces heavy southbound traffic and is further affected by the spillage of left turns traffic at southbound Citracado to Johnston Pkwy on to the through lanes.
• The existing bus stop and lane drop at W Valley Pkwy causes additional issues to the movement of traffic.

HR Green will lead the efforts for the retiming of 10 intersections along the Citracado Pkwy corridor and the traffic study for the Citracado Pkwy/ W. Valley Pkwy intersection vicinity.

We will attend one (1) project kickoff meeting and up to five (5) progress meetings to review project status, discuss technical issues, and address the City’s comments as needed.

Meeting agendas will be prepared in advance, and meeting minutes documenting key decisions, action items, responsibilities, and schedule commitments will be distributed within five business days after each meeting. Regular coordination between HR Green, Fehr & Peers, and the City will support timely completion of project milestones and consistency in technical approach and deliverables.

Resolution No. 2026-170
Exhibit "A"

Page 37 of 44 ends

178
Item6.

Page | 2
Deliverables
• Meeting agendas
• Meeting minutes
• Monthly coordination and project management
Task 2 – Existing Conditions Review and Data Collection The HR Green team will compile and review available project information, including existing timing sheets, controller databases, Synchro models, speed survey data, as-built plans, the City’s prior signal timing documentation, Traffic Impact Studies and other relevant materials provided by the City. This information will establish the basis for evaluating existing signal operations and developing optimized timing plans.

A. Review of Historical Crash Data
The HR Green team will review crash history for the most recent five years, where available and provided by the City, at the subject intersections. As part of the crash review, we will:
• Analyze crashes at the intersection by year, type, severity, to identify possible trends by approach direction and by time of day.
• Examine crash trends that may identify issues regarding existing sight distances, left-turn offsets, signal coordination, clearance intervals, etc.
• Utilize key crash findings that would indicate needed attention in the field review.

B. Field Verification
After receiving City-provided documents and files, the HR Green team will conduct field investigations at the project intersections to verify existing lane geometry, signal phasing, controller operation, pedestrian crossing distances, applicable grades, and other operational characteristics that affect signal coordination. Pedestrian crossing distances and applicable roadway grades will be measured at intersections that were not evaluated as part of the City’s prior signal timing work. The field review will confirm whether available documentation accurately reflects existing conditions and will identify operational issues to address during optimization.

The measurements will be documented in an Excel spreadsheet for use in developing recommended timing parameters.

Through the field verification we will Identify any gaps in infrastructure at the intersections in the traffic study and make observations on possible links between crash trends and intersection operations.

Assumption: Signal system inventory or equipment troubleshooting is not part of this scope of work.

C. ADT & Turning Movement Counts
HR Green and its subconsultant, Survey Count, Inc., will gather the traffic count data. They will undertake to gather two (2) 24-hour average daily traffic count for consecutive three (3) days along Citracado.

Resolution No. 2026-170
Exhibit "A"

Page 38 of 44 ends

179
Item6.

Page | 3
Survey Count will perform turning movement at thirteen (13) intersections, including the intersections for both the traffic signal optimization and the traffic study for a six-hour period on one weekday, including the AM, midday, and PM peak periods. Video data collection will be scheduled to capture complete queue formation and dissipation during each analysis period, providing an additional level of quality control.

The counts shall include two vehicle classifications (passenger car and heavy vehicles), pedestrian counts, and bicycle counts.

Task 3 – Signal Timing Review and Optimization
Before optimizing coordinated signal timing plans, the HR Green team will review and update basic vehicle, bicycle, and pedestrian timing parameters for the project intersections, with particular attention given to locations that were not evaluated as part of the City’s prior signal timing work. Recommended basic timing parameters will be developed using the data collected under Task 2 and in accordance with the latest California MUTCD, the City’s timing preferences, and industry best practices.

The review will include the following timing parameters:
• Minimum Green
• Bicycle Minimum Green
• Yellow Change Interval
• Red Clearance Interval
• Walk Time
• Flash Don’t Walk Time
Existing Synchro models will be updated and calibrated to Synchro 12using current traffic counts and field observations. Separate models will be developed for the weekday AM, Midday, and PM peak periods. Once City staff approve the existing Synchro files and basic timing parameters, we will first complete the analysis to generate the most efficient grouping and cycle length for each peak. A technical memorandum will be developed to summarize the preliminary recommended signal groupings, traffic progression strategies and cycle lengths, including minimum cycle length requirements based on pedestrian crossing times, coordination constraints at Caltrans intersections, and other operational considerations.

Resolution No. 2026-170
Exhibit "A"

Page 39 of 44 ends

180
Item6.

Page | 4
Deliverables
• Technical memorandum summarizing recommended coordination strategy • Optimized Synchro 12 models for weekday AM, Midday, and PM peak periods Task 4 – Optimized Traffic Signal Timing Sheets for Implementation Following acceptance of the optimized timing plans, the HR Green team will prepare implementation-ready timing sheets for the City’s new SWARCO Omni controllers. The timing sheets will be provided in the format preferred by the City and coordinated with the controller upgrade work being performed by others. • Excel Timing Charts – An implementation-ready spreadsheet summarizing the approved basic timing parameters and coordinated timing plans, including cycle lengths, splits, offsets, phase sequence, and coordination setting adjustment (if needed) for the AM, Midday, and PM peak periods. • SWARCO Omni Timing Sheets – If the SWARCO Omni timing sheet format is available, Fehr & Peers will prepare or mark up the proposed timing parameters directly on the City's standard controller timing sheets to facilitate controller programming and support a seamless transition to the new signal controllers.

Deliverables
• Implementation-Ready Timing Charts
Task 5 – Finetuning
Successful implementation is essential to realizing the operational benefits of optimized signal timing. The HR Green team will work closely with the City’s traffic signal operations team to support a smooth deployment and confirm that approved timing plans are accurately translated into the new controller environment. The implementation-ready timing sheets developed under Task 4 will be used by the City’s controller integration team to program the SWARCO Omni controllers. As needed, the HR Green team will provide technical support during controller programming to answer questions, verify timing parameter implementation, and assist in resolving issues identified during deployment.

Following implementation of the new controllers, the HR Green team will coordinate field visits to fine-tune timing parameters for the subject peak periods. Field teams will drive the corridors to observe progression, queues, and operational performance, and a signal specialist will verify that selected timing parameters are operating as intended at individual intersections. Field adjustments will be made to minimize disruptions, improve progression, and accommodate observed turning movements and pedestrian activity.

Deliverables
• Final Synchro models with fine-tuned timing plans
Resolution No. 2026-170
Exhibit "A"

Page 40 of 44 ends

181
Item6.

Page | 5
Task 6 –Identification of Countermeasures
Based on traffic analysis, crash evaluation and field review, HR Green will identify countermeasures that could potentially improve the safety and efficiency of traffic operations at the subject intersections in the Citracado Parkway and W Valley Pkwy vicinity. Potential countermeasures could include, but is not limited to:
• Pavement Marking and Signage improvements.
• Medians and other geometric improvements not requiring pavement widening. • Improvements to traffic signal operations including phasing/ timing changes, changes to clearance intervals etc.
• Improvements to enhance visibility at the intersections, if required.

We will analyze the identified countermeasures using traffic modelling where feasible and tabulate the Crash Modification Factors of the improvements where applicable. Countermeasures will be categorized as short-, medium- or long-term improvements based on estimated costs and ease of implementation.

Deliverables
The following elements will be included in the traffic memo • Crash Evaluation Findings
• Field Review Findings
• Improvement Alternatives
• Traffic Analysis Findings
• Crash Modification Factors
Task 7 – 15% Concept Development
HR Green will demonstrate the identified improvements on schematic sketches/exhibits. We will include a planning level estimate of the probable cost for each countermeasure identified.

Deliverables
• 15% Conceptual Exhibits with cost estimate
Task 8 – “Before” and “After” Travel Time Studies
To quantify operational improvements from the optimization of ten signal along the corridor, the HR Green team will conduct before-and-after travel time studies along each project corridor using GPS-based Tru-Traffic software.

Deliverables
• Before-and-after travel time summary
• Corridor performance evaluation
Resolution No. 2026-170
Exhibit "A"

Page 41 of 44 ends

182
Item6.

Page | 6
Task 10. Technical Memorandum
HR Green will provide the City with the final Synchro files for each of the signals for each of the corridors. We will prepare a draft Technical Memorandum documenting findings, final analysis recommendations, countermeasures and results of final implementation with summary tables and charts. The City will be provided up to two weeks to review and comment on the draft Technical Memorandum.

Deliverables
• Draft and Final Tech Memo

DELIVERABLES SUMMARY
The following deliverables are included in this proposal:
• Kickoff meeting agenda and meeting minutes
• Progress meeting agendas, minutes, and action item tracking • Available data review summary
• ADT count data and turning movement count data
• Field verification notes, as needed
• Basic timing parameter review and recommendations
• Technical memorandum summarizing recommended coordination strategy, cycle lengths, and grouping approach
• Optimized Synchro 12 models for weekday AM, midday, and PM peak periods • Implementation-ready timing charts or SWARCO Omni timing sheets • Final Synchro models with field fine-tuned timing plans • 15% Concept Sketches for Identified Countermeasures
• Before-and-after travel time summary and corridor performance evaluation • Draft and Final Technical Memorandum
• Setup SharePoint for final documentation of all files to the City Resolution No. 2026-170
Exhibit "A"

Page 42 of 44 ends

183
Item6.

Page | 7

PROJECT SCHEDULE
Task Weeks 1–2 Weeks 3–4 Weeks 5–8 Weeks 9-10 Weeks 11–14 Weeks 14–17 Weeks 18-20 Weeks 21-22 Weeks 23-25 Weeks 26-27 Notice to Proceed / Kickoff
Existing Conditions Review & Data Collection
Crash History Review
Field Review
Traffic Counts (ADT & TMC)
Signal Timing Review & Optimization
Field Implementation & Fine-Tuning
Identify Countermeasures
15% Concept Plans
Before And After Studies
Draft Technical Memorandum
City Review
Final Technical Memorandum

SCHEDULE ASSUMPTIONS
• The schedule will begin upon receipt of written Notice-to-Proceed. • City-provided data, including crash history, traffic impact studies, Synchro files and available timing sheets, will be provided promptly after kickoff. • City review comments will be consolidated and returned within durations that support the agreed-upon schedule. • Controller programming and implementation will be performed by others. • Field fine-tuning and before/after studies will be scheduled after controller implementation and will depend on field conditions and City availability. • Engineering design for improvements will not be part of the project. Only conceptual exhibits will be prepared.

Resolution No. 2026-170
Exhibit "A"

Page 43 of 44 ends


Page | 8

PROJECT TEAM

ASSUMPTIONS
This proposal is based on the following assumptions:
• The final number of intersections and count locations will be confirmed with the City before data collection begins.
• Existing Synchro models, crash history, timing sheets, as-built plans, controller databases, and available speed information will be provided by the City, if available. • Implementation of timing sheets and controller programming will be performed by others. • HR Green and Fehr & Peers will provide fine-tuning of plans after timing plans are programmed. • City reviews will occur in a timeframe that supports the project schedule. • Operational benefits will be documented using before-and-after travel time studies conducted under comparable conditions, to the extent practicable.

The additional services will be billed according to the hourly billing rates approved in the On-call contract.

FEE
Our proposed not-to-exceed fee for professional engineering services is $95,080. Separate derivation of hours and fee tables are provided for HR Green and Fehr & Peers for their respective project responsibilities in the attachments and exhibits. The fee is based on the scope, assumptions, and schedule described in this proposal.

Attachment – A: HR Green’s Fee Table
Attachment – B: Traffic Count Scope of Work and Fee Proposal Total Fee for Signal Sync for Citracado Pwy and Traffic Study Task Fee
HR Green for Citracado $89,380
SurveyCount for ADT and TMC Counts $5,700
Total $95,080
Resolution No. 2026-170
Exhibit "A"

Page 44 of 44 ends

185
Item6.

RESOLUTION NO. 2026-93

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING THE FIVE-YEAR

CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS
2026/27 – 2030/31 AND THE PROJECT BUDGETS FOR
FISCAL YEAR 2026/27
WHEREAS, the budgets for all capital projects for the period July 1, 2026 through June 30, 2027, inclusive, contained in the Fiscal Years 2026/27-2030/31 Five-Year Capital Improvement Program and Budget Document (a copy of which is on file in the Office of the City Clerk) as amended by the City Council, are adopted as the final project budgets for Fiscal Year 2026/27. Amendments to this budget may be made from time-to-time following review and approval by minute action of the City Council; and WHEREAS, the Fiscal Year 2026/27 amount designated for each project and each fund in the FiveYear Capital Project Improvement Program and Budget, on file with the City Clerk, are hereby appropriated to the fund for which it is designated. Such appropriations as adjusted shall be neither increased nor decreased without approval of the City Council, except for transfers within projects may be approved by the City Manager, up to 10% per total project and a maximum of $50,000 from contingency funds. All amounts designated in each project budget on file with the City Clerk are hereby appropriated for such uses to the fund under which they are listed, and shall be neither increased nor decreased without approval of the City Manager; and
WHEREAS, any City Council action changing the above-mentioned assumptions will cause the FiveYear Capital Improvement Program and Fiscal Year 2026/27 Project Budgets to be revised and brought back to the City Council for modification; and
WHEREAS, the projects in the Five-Year Capital Improvement Program and Fiscal Year 2026/27 Project Budgets conform to and are consistent with the General Plan; and Docusign Envelope ID: 6CB7AE64-128B-8F45-8264-035E3BE753E1 Attachment "1"
186
Item6.

WHEREAS, all identified projects within the Five-Year Capital Project Improvement Program and Fiscal Year 2026/27 Project Budgets are subject to further environmental review and thus at this point are merely speculative. Appropriate environmental documents pursuant to the California Environmental Quality Act and/or National Environmental Policy Act will be prepared after a specific project scope is defined but prior to the City’s approval of the project itself, including prior to the City’s review and approval of any related construction contracts or entitlements.

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

1. That the above recitations are true.

2. That the City Council adopts the budgets for all capital projects for the period July 1, 2026 through June 30, 2027, inclusive, contained in the Fiscal Years 2026/27-2030/31 Five-Year Capital Improvement Program and Budget Document (a copy of which is on file in the Office of the City Clerk).

Docusign Envelope ID: 6CB7AE64-128B-8F45-8264-035E3BE753E1 Attachment "1"
187
Item6.

PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof the 17th day of JUNE, 2026 by the following vote to wit:

AYE : Councilmembers: FITZGERALD, GARCIA, GARCIA, MARTINEZ, WHITE NOES : Councilmembers: NONE
ABSENT : Councilmembers: NONE
APPROVED:

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

ZACK BECK, City Clerk of the
City of Escondido, California
RESOLUTION NO. 2026-93
Docusign Envelope ID: 6CB7AE64-128B-8F45-8264-035E3BE753E1 Attachment "1"
188
Item6.

RESOLUTION NO. 2026-95

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING THE TRANSNET

LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS
FOR FISCAL YEARS 2027 THROUGH 2031
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (“TransNet”) funds; and
WHEREAS, the City of Escondido was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2026 through 2031; and WHEREAS, the City of Escondido has held a noticed public hearing with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.

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

1. That the above recitations are true.

Docusign Envelope ID: 6CB7AE64-128B-8F45-8264-035E3BE753E1 Attachment "2"
189
Item6.

PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof the 17th day of JUNE, 2026 by the following vote to wit:

AYE : Councilmembers: FITZGERALD, GARCIA, GARCIA, MARTINEZ, WHITE NOES : Councilmembers: NONE
ABSENT : Councilmembers: NONE
APPROVED:

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

ZACK BECK, City Clerk of the
City of Escondido, California
RESOLUTION NO. 2026-95
Docusign Envelope ID: 6CB7AE64-128B-8F45-8264-035E3BE753E1 Attachment "2"
190
Item6.

2. That the City of Escondido has requested from SANDAG the following list of projects and funding for FY2026/27 and forecasted projects and funding for FY2027/28 through FY2030/31.

List of Projects Proposed
FY26/27
Forecast
FY27/28
Forecast
FY28/29
Forecast
FY29/30
Forecast
FY30/31
Projected Available Balance $6,355,550 $5,563,000 $5,707,000 $5,853,000 $6,003,000 Comprehensive Active
Transportation Strategy (CATS) $250,000 $250,000 $250,000 $250,000 $250,000 Grand Avenue Streetscape
Improvements $1,750,000 $2,000,000 $1,300,000 $1,000,000 $500,000 Pavement Maintenance and
Rehabilitation 2026 $2,805,550 $2,063,000 $3,207,000 $3,353,000 $4,003,000 Traffic Signals $750,000 $750,000 $750,000 $750,000 $750,000 Sierra Linda Storm Drain Repair $300,000 $0 $0 $0 $0
Transportation Master Plan $200,000 $200,000 $0 $0 $0
Escondido Creek Drainage
Capacity $0 $0 $200,000 $500,000 $500,000
Total Transnet Fund Project
Requests $6,055,550 $5,263,000 $5,707,000 $5,853,000 $6,003,000 Transnet Fund Remaining
Balance $300,000 $300,000 $0 $0 $0

3. BE IT FURTHER RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Escondido certifies that no more than 30 percent of its cumulative revenues shall be spent on local street and road maintenance-related projects, or that its expenditures are consistent with the most recent TransNet Extension Ordinance requirements adopted by SANDAG.

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

5. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Escondido certifies that the required minimum annual level of local discretionary funds to be Docusign Envelope ID: 6CB7AE64-128B-8F45-8264-035E3BE753E1 Attachment "2"
191
Item6.
expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG.

6. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Escondido certifies that it will exact $3,109.88 plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction (unless exempted under the TransNet Extension Ordinance,) and shall contribute such exactions to the Regional Transportation Congestion Improvement Program (RTCIP)

7. BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Escondido certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated.

8. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Escondido certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs

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

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

Docusign Envelope ID: 6CB7AE64-128B-8F45-8264-035E3BE753E1 Attachment "2"
192
Item6.

STAFF REPORT
October 7, 2026
File Number 0600-10; A-1732-2

SUBJECT
A SECOND AMENDMENT TO GROUND LEASE WITH SAN DIEGO COUNTY CREDIT UNION FOR 150 EAST

VALLEY PARKWAY, ESCONDIDO, CALIFORNIA

DEPARTMENT
Economic Development – Real Property

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-173 authorizing the Mayor to execute, on behalf of the City, a Second Amendment to Ground Lease (“Second Amendment”) with San Diego County Credit Union (referred to herein as “SDCCU”) for 150 East Valley Parkway, Escondido, California.

Staff Recommendation: Approval (Economic Development: Christopher McKinney, Deputy City Manager)
Presenter: Timer Paida, Management Analyst – Real Property ESSENTIAL SERVICE – Yes, internal requirement in support of Land Use/Development COUNCIL PRIORITY – Be Business Friendly; Drive Community and Land Development; Financial Stewardship

FISCAL ANALYSIS
The Second Amendment to Ground Lease with SDCCU is attached as Exhibit “A” to Resolution No. 2026- 173. The Second Amendment shall extend the term of the lease to November 28, 2031, and SDCCU shall pay the City rent in the amount of $14,098.13 per month, beginning on the Effective Date. Rent shall increase annually, on the anniversary of the Effective Date, by four percent (4%). The City’s real estate consultant, Jones Lang Lasalle Americas Inc., may receive a commission equaling five percent of the first year of the lease, which shall be paid out of lease payments as those payments are made to the City.

PREVIOUS ACTION
The City and Homefed Bank entered into a Ground Lease (“Ground Lease”) dated June 5, 1991. On December 3, 1993, after HomeFed Bank failed, the Ground Lease was transferred to Great Western Bank.

In 1998, Great Western Bank merged with Washington Mutual Bank and Washington Mutual Bank acquired the Ground Lease. In an agreement dated June 18, 1999, Washington Mutual Bank assigned the 193
Item7.

Ground Lease to SDCCU. In an agreement dated September 1, 1999, between the City, SDCCU, and Washington Mutual Bank, FA, the City accepted this assignment.

The City and SDCCU entered into a First Amendment to Ground Lease and First Amendment to Assignment Agreement dated July 11, 2003, granting public access along the north side of the property and adding approximately 3,000 square feet of additional property next to the existing parking lot.

SDCCU’s rights to the property and to the Ground Lease continue through February 2027. The City and SDCCU desire to amend the Ground Lease to extend the term of the lease to November 28, 2031.

BACKGROUND
The City leases property to SDCCU at 150 East Valley Parkway. In addition to the bank building, the lease arrangement includes parking areas that are important to the operation of the branch and serve SDCCU customers and employees. Portions of these parking areas are located on property owned by John E.

Mason, Trustee of that Certain Declaration of Trust dated July 1, 1983 (“Mason Family Trust”) and James E. Robinson, Trustee of the Bandy Family 1983 Trust dated April 7, 1983 (“Bandy Family Trust”). SDCCU would like to extend its lease and continue operating at this location. The proposed lease extension will allow SDCCU to remain at the site, maintain access to the parking areas that support the branch, and continue providing lease revenue to the City.

While staff is also reviewing matters related to the parking lot leases with the Mason Family Trust and the Bandy Family Trust, those matters are separate from the proposed SDCCU lease extension, and any future actions related to the parking lots, if required, will be presented separately for City Council consideration.

Staff recommends moving forward with the SDCCU lease amendment at this time to avoid delays and provide certainty of continued operations for the tenant.

The following summarizes the terms of the proposed Second Amendment to Ground Lease:

Paragraph 1: Lease Term Extension
The proposed Second Amendment extends the term of the Ground Lease through November 28, 2031.

Extending the lease term will provide long-term stability for SDCCU's continued operation at the site and align the lease with the parties' intended occupancy period.

Paragraph 2: Rent
Beginning on the Effective Date of the Second Amendment, SDCCU will pay monthly rent of $14,098.13 to the City. Rent will be due on the first day of each month and will increase by four percent (4%) annually on the anniversary of the Effective Date to provide for predictable revenue growth over the lease term. 194
Item7.

Paragraph 3: Parking Lot Parcels and Leases
The leased premises include the bank building and associated parking areas that support customer and employee access to the branch. The City is working to secure extensions of the underlying lease for Parcel B and Parcel C so that all property interests supporting the site will expire on the same date. Due to a recent ownership change affecting one of the underlying parcels, those extensions may not be finalized before execution of this amendment. As a result, the amendment will initially apply to Parcel A and will automatically incorporate Parcel B and Parcel C as the necessary lease extensions are executed.

Paragraph 4: Temporary Termination Right
Until lease extensions for both Parcel B and Parcel C have been secured, SDCCU will have the right to terminate the Ground Lease upon thirty (30) days' prior written notice to the City. This provision provides SDCCU with flexibility while the City completes efforts to align the terms of all underlying property interests.

Paragraph 5: Remaining Terms and Conditions
Except for the changes described in the Second Amendment, all other terms and conditions of the Ground Lease and prior amendments will remain unchanged and in full force and effect.

Paragraph 6: Entire Agreement
The Second Amendment, together with the original Ground Lease and First Amendment, represents the complete agreement between the parties regarding this matter. No other written or verbal agreements exist outside of the documents approved by the parties.

Paragraph 7: Execution of Documents
The Second Amendment may be executed in multiple counterparts, each of which will be considered an original document. Electronic signatures and electronically transmitted signature pages will have the same force and effect as original handwritten signatures.

RESOLUTIONS
a. Resolution No. 2026-173
b. Resolution No. 2026-173 – Exhibit “A” – Second Amendment to Ground Lease 195
Item7.

RESOLUTION NO. 2026-173

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A SECOND

AMENDMENT TO GROUND LEASE WITH SAN DIEGO
COUNTY CREDIT UNION FOR 150 EAST VALLEY

PARKWAY, ESCONDIDO, CALIFORNIA
WHEREAS, the City of Escondido (“City”) and Homefed Bank entered into a Ground Lease (“Ground Lease”) dated June 5, 1991; and
WHEREAS, on December 3, 1993, the Ground Lease was transferred to Great Western Bank; and WHEREAS, in 1998, Great Western Bank merged with Washington Mutual Bank and Washington Mutual Bank acquired all rights to the Ground Lease; and WHEREAS, in an Assignment and Assumption Agreement dated June 18, 1999, Washington Mutual Bank assigned its rights under the Ground Lease to SDCCU; and WHEREAS, in an Assignment, Assumption, Consent and Release Agreement between the City, SDCCU, and Washington Mutual Bank, FA, dated September 1, 1999, the City accepted and consented to this assignment; and
WHEREAS, the City and SDCCU entered into a First Amendment to Ground Lease and First Amendment to Assignment Agreement dated July 11, 2003; and WHEREAS, SDCCU’s rights to the property and to the Ground Lease continue through February 2027; and
196
Item7.

WHEREAS, the City and SDCCU desire to amend the Ground Lease to extend the term of the lease to November 28, 2031; and
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 authorizes the Mayor to execute, on behalf of the City, a Second Amendment to Ground Lease with San Diego County Credit Union, a draft of which is attached to this Resolution as Exhibit “A” and incorporated herein by this reference, 150 East Valley Parkway, Escondido, California, subject to final approval as to form by the City Attorney. 197
Item7.

Resolution No. 2026-173
Exhibit “A”

Page 1 of 6 ends

Second Amendment to Ground Lease
1 SECOND AMENDMENT TO GROUND LEASE
150 East Valley Parkway, Escondido, California
This SECOND AMENDMENT TO GROUND LEASE (“Second Amendment) 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 the SAN DIEGO COUNTY CREDIT UNION (“SDCCU”), a California Mutual Benefit Credit Union (collectively referred to herein as the “Parties.”).

WHEREAS:

A. The City and Homefed Bank, Federal Savings Bank, entered into a Ground Lease dated June 5, 1991 (“Ground Lease”);
B. HomeFed Bank later failed, and its assets were divested by the Resolution Trust Corporation, with HomeFed’s interest in the Ground Lease transferred to Great Western Bank in an Assumption of Ground Lease, effective December 3, 1993; C. Great Western Bank merged with Washington Mutual Bank in 1998, and Washington Mutual Bank acquired all rights to the Ground Lease;
D. Washington Mutual Bank assigned its rights under the Ground Lease to SDCCU, in an Assignment and Assumption Agreement dated June 18, 1999. The City accepted and consented to this assignment in an Assignment, Assumption, Consent and Release Agreement dated September 1, 1999, between the City, SDCCU, and Washington Mutual Bank, FA;
E. The City and SDCCU entered into a First Amendment to Ground Lease and First Amendment to Assignment Agreement dated July 11, 2003 which granted public 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:

City of Escondido
201 North Broadway
Escondido, California 92025-2798 This Space for Recorder’s Use Only 198
Item7.

Resolution No. 2026-173
Exhibit “A”

Page 2 of 6 ends

Second Amendment to Ground Lease
2 access across a 25-foot wide strip along the north side of the property, providing ingress and egress between the parking lot and Broadway Avenue, in addition to leasehold rights to approximately 3,000 square feet of additional property, specifically the northerly 40 feet of Lots 11, 12, and 13 of Block 15, adjacent to the existing parking lot.

F. SDCCU’s rights to the Property and to the Ground Lease continue through February 2027; and
G. The CITY and SDCCU desire to amend the Ground Lease to extend the term of the lease to November 28, 2031.

NOW, THEREFORE, in consideration of the above premises and the promises and covenants contained herein, it is mutually agreed by and between the City and SDCCU that the Ground Lease shall be amended, modified, and supplemented, as follows:

1. The term of the lease as stated in Article 10: Term, of the Ground Lease, and specified in Paragraph F of First Amendment to Ground Lease and First Amendment to Assignment Agreement, shall be extended to November 28, 2031.

2. The rent of the lease as stated in Article 11: Rent, of the Ground Lease, and specified in Paragraph 5 of First Amendment to Ground Lease and First Amendment to Assignment Agreement, shall be amended and Lessee shall pay to the City rent in the amount of $14,098.13 per month (“Rent”), due and payable on or before the first day of each month, commencing on the Effective Date. Rent shall increase annually on the anniversary of the Effective Date by four percent (4%).

3. The City is working to secure an extension of the Parcel B Lease and Parcel C Lease in order to include those Parcels in this Second Amendment so that they will be coterminous. The Parties recognize that due to a change in ownership of one of those parcels, the lease extensions might not be fully secured prior to execution of this Second Amendment. Therefore the definition of “Premises” shall be amended to include Parcel A, and, as soon as an extension of the Parcel B Lease is executed, it shall include Parcel B and as soon as an extension of the Parcel C Lease is executed, it shall include Parcel C.

4. SDCCU shall have the right to terminate the Ground Lease with thirty (30) days advance written notice to the City, at any time until the City secures the coterminous extensions of both the Parcel B Lease and Parcel C Lease and delivers notice to SDCCU of such coterminous extensions.
199
Item7.

Resolution No. 2026-173
Exhibit “A”

Page 3 of 6 ends

Second Amendment to Ground Lease
3 5. All other terms and conditions of the Ground Lease and the First Amendment to Ground Lease and First Amendment to Assignment Agreement not referenced above shall remain unchanged and in full force and effect.

6. This Second Amendment, the First Amendment to Ground Lease and First Amendment to Assignment Agreement, and the Ground Lease, together with any attachments thereto, constitute the entire understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter.

7. This Second Amendment may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. Delivery of an executed signature page of this Second Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.
(Signature page follows.)
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date:

SAN DIEGO COUNTY CREDIT UNION
Date:

By:

Teresa Campbell, President and CEO

CITY OF ESCONDIDO
Date:

Dane White
Mayor
200
Item7.

Resolution No. 2026-173
Exhibit “A”

Page 4 of 6 ends

Second Amendment to Ground Lease
4 APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
M. DARE DELANO, Interim City Attorney
By: ________________________

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.

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.
201
Item7.

Resolution No. 2026-173
Exhibit “A”

Page 5 of 6 ends

Second Amendment to Ground Lease
5 Signature: (Seal)
City
202
Item7.

Resolution No. 2026-173
Exhibit “A”

Page 6 of 6 ends

Second Amendment to Ground Lease
6 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)
SDCCU
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.
203
Item7.

STAFF REPORT
October 7, 2026
File Number 0120-10

SUBJECT

BUILDING ADVISORY AND APPEALS BOARD VACANCY DECLARATION

DEPARTMENT
City Clerk’s Office

RECOMMENDATION
It is recommended that the City Council declare a vacancy on the Building Advisory and Appeals Board by concluding the appointment of Commissioner Michael Delaney effective October 7, 2026.

Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE – Yes, internal requirement
COUNCIL PRIORITY –

BACKGROUND
The Building Advisory and Appeals Board is a City of Escondido advisory body that hears appeals and makes determinations concerning alternate methods of construction and alternate materials relating to the City’s Building, Electrical, Plumbing, Mechanical, Dangerous Buildings, and Housing Codes. The Board is composed of members appointed pursuant to the City’s Board and Commission Bylaws.

The City Council adopted Resolution No. 2024-42R (Attachment “1”) establishing uniform bylaws governing the Building Advisory and Appeals Board, Public Art Commission, and Transportation and Community Safety Commission. The Bylaws establish the appointment, eligibility, terms of office, and vacancy procedures applicable to these boards and commissions.

Article X, Section 10.01 of the Bylaws provides that members of City boards and commissions are appointed by the Mayor from among residents within the geographic area of the City’s General Plan. The Bylaws further provide that members serve at the pleasure of the City Council and may be removed from office at any time, without cause.

Section 10.01 also establishes two-year terms for members of City boards and commissions, except for the Library Board of Trustees and Planning Commission. When a vacancy occurs before the expiration of 204
Item8.
a term, the vacancy is to be filled by appointment for the unexpired portion of the term consistent with the applicable nomination procedure.

The City Clerk’s Office has been notified that Commissioner Michael Delaney’s appointment to the Building Advisory and Appeals Board should be concluded. Accordingly, staff is bringing this matter forward for City Council consideration to formally declare the seat vacant effective October 7, 2026.

DISCUSSION
The proposed action would conclude Commissioner Delaney’s current appointment and establish a vacancy on the Building Advisory and Appeals Board.

Consistent with Article X, Section 10.01 of the Bylaws, the City Council has authority to remove a board or commission member from office at any time, without cause. Following the declaration of the vacancy, the City Clerk’s Office will proceed with the applicable recruitment and appointment process to facilitate filling the vacancy for the remainder of the unexpired term.

Article VIII, Section 8.01 directs the City Clerk’s Office to make efforts to fill board and commission vacancies as soon as practical and to inform the City Council of the status of recruitment efforts.

ATTACHMENTS
a. Attachment “1”—Resolution No. 2024-42R-Board and Commission Bylaws 205
Item8.

RESOLUTION NO. 2024-42R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ADOPTING BY-LAWS FOR

CITY BOARDS AND COMMISSIONS
WHEREAS, the City of Escondido (“City”) is a general law city governed by a legislative body comprised of a mayor elected at large and four councilmembers elected by districts who regularly rely on the work and advise of various boards and commissions which hear and consider various matters of public interest on behalf of the City of Escondido; and
WHEREAS, the City currently has the following City boards and commissions: Planning Commission, Public Arts Commission; Library Board of Trustees; Building Advisory and Appeals Board; and, Transportation and Community Safety Commission; and WHEREAS, as a general law City, the City of Escondido must comply with state law in the nomination and approval of boards and commissions members, including but not limited to Government Code section 40605, and must further comply with the nominating and membership rules relating to Interagency Boards; and
WHEREAS, on March 2, 2022, the City Council adopted Ordinance No. 2021-14R which states, “except for the Planning Commission and the Library Board of Trustees, all city created boards and commissions shall be governed by a uniform set of by-laws which shall be approved by the city council through adoption of a Resolution.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California:

1. That the above recitations are true.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
206
Item8.

2. That the following By-Laws shall govern the Building and Advisory Appeals Board, Public Art Commission and Transportation and Community Safety Commission:

Article I. Boards and Commissions
Section 1.01 Advisory bodies develop recommendations and present supporting information to the City Council. Their role can include hearing public testimony, building community consensus for proposals or projects, facilitating a study of issues, guiding implementation of new or regulating established programs, or assessing the alternatives regarding issues of community concern. The Planning Commission has the authority to make final decisions; some decisions may be appealed to Council.

Section 1.02 Advisory bodies relate to the Council and staff as follows:
(a) Council’s role is to make policy; direct the City Manager to carry out policy; solicit input from boards/commissions on issues in their various functional areas unless there are legal or time constraints (b) The Advisory body’s role is to advise Council on policy that assists Council in carrying out their responsibilities; provide citizen input by being positive representatives of the Council and the community
(c) Staff’s role is to research and investigate issues, prepare alternatives and recommendations for advisory bodies and Council to review and implement Council policy decisions; provide staff liaison and clerical support to the advisory body under the guidance of the department head (and ultimately, the City Manager)
Section 1.03 Advisory bodies are not involved in the administration or operation of City departments. They should not contact the media in an official capacity or speak on behalf of the City or the advisory body unless authorized to do so. Advisory body members may not direct administrative staff to initiate programs and may not conduct major studies or establish policy without the approval of the City Council. City staff members are available to provide general staff assistance to the advisory body.

Article II. Board and Commission Bylaws
Section 2.01 The City of Escondido maintains five boards and commissions:

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
207
Item8.

Section 2.02 As a matter of policy, it serves the public interest to have the greatest possible public access to board and commission meetings. As such, meetings are held in Council Chambers (or via videoconference) and preferably occur at least once a month. (a) Building Advisory and Appeals Board
(i) The Building Advisory and Appeals Board hears appeals and makes determinations relative to alternate methods of construction and alternate materials pertaining to the Building, Electrical, Plumbing, Mechanical, Dangerous Buildings, and Housing Codes of the City of Escondido. (b) Library Board of Trustees
(i) The Library Board of Trustees oversees library services and advises the City Council and the City Librarian on the development of plans, policies and programs that are responsive to the community’s needs and desires.
(c) Planning Commission
(i) The Planning Commission serves in an advisory capacity to the City Council on land use policy planning matters, which guide the future development of the City. The Planning Commission has final approval authority on certain cases and recommends action to the City Council on others. (ii) The Escondido Planning Commission is established pursuant to Chapter 20 of the Escondido Municipal Code, and is authorized by Government Code section 65100 et. seq. 2. (iii) The Planning Commission considers and provides recommendations to the City Council on land use policies and documents including, but not limited to, the Escondido General Plan, specific plans, and the Escondido Zoning Code. These and other documents establish development standards and design parameters for future development projects and improvements in the City. (iv) The Planning Commission shall hear appeals of administrative decisions and decisions made by the Zoning Administrator pursuant to section 33-1303 of the Escondido Zoning Code. (v) Decisions of the Planning Commission can be appealed to the City Council pursuant to section 33-1303 of the Escondido Zoning Code.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
208
Item8.
(d) Public Art Commission
(i) The Public Art Commission functions in an advisory capacity in matters pertaining to art in public places.
(e) Transportation and Community Safety Commission
(i) The Transportation and Community Safety Commission is an advisory body to the City Council, Engineering Services Department and the Police Traffic Division.

Article III. Eligibility and Membership
Section 3.01 No board or commission members shall hold any paid office or employment with the City of Escondido. All persons appointed shall be registered voters of the City and live within the geographic boundaries of the City's General Plan at the time of their appointment.

Section 3.02 If at any time during their term any member of a board or commission shall cease to be an elector of the City or shall cease to maintain their principal place of residence within the geographical boundaries of the City’s General Plan, then such person shall become ineligible to continue to serve as a member of the board or commission and said position shall be declared vacant by the City Council.

Article IV. Term Length
Section 4.01 Board and Commission term lengths are two years. (a) Exception: Term lengths for the Library Board of Trustees are three years and Planning Commission are four years.

Article V. Spouses, Household Members, and Relatives
Section 5.01 No individual shall be eligible to serve on a City board or commission, who has a spouse, household member living under the same roof, or designated relative (parent, step-parent, grandparent, child, sister, brother, niece, nephew, uncle, or aunt of the individual or of the individual's spouse), currently serving as a member of the City Council, or employed as the City Manager, Assistant City Manager, Deputy City Manager, City Attorney, Department Director or Assistant Director or equivalent for the City of Escondido.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
209
Item8.

Article VI. Concurrent Service
Section 6.01 No member of any board or commission listed herein, may serve on more than one board or commission at the same time.
(a) Exception: Members of the Building Advisory and Appeals Board may serve on another board or commission at the same time.

Article VII. Limitation on Terms
Section 7.01 Any person appointed to a board or commission shall be immediately eligible, upon the expiration of their term or resignation prior to completion of their term if appointed to a different board or commission, to serve on a different board or commission.

Article VIII. Recruitment
Section 8.01 Through the Office of the City Clerk, efforts will be made to fill board or commission vacancies as soon as practical. Upon notification of a vacancy, whether planned or unplanned, staff shall inform Council of the status of recruitment efforts to fill the vacancy.

Article IX. Appointment
Section 9.01 Sec. 2-26. Duty to appoint board and commission members; Bylaws. (a) Unless otherwise provided by state law, the mayor shall appoint members and alternates to all state, county, city, and other interagency boards and commissions, including subcommittees.

Section 9.02 Notwithstanding any other provisions of state law or any other laws of the city, the members of such boards and commissions shall serve at the pleasure of the city council and shall at all times be residents of the geographic area within the city’s general plan.

Section 9.03 Except for the Planning Commission and the Library Board of Trustees, all citycreated boards and commissions shall be governed by a uniform set of by-laws which shall be approved by the city council through adoption of a Resolution.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
210
Item8.

Article X. Appointment and terms of office.

Section 10.01 Unless otherwise provided by this code, appointments of members of all boards and commissions created by the city council and their terms of office shall be governed by the following provisions:
(a) The members of all boards and commissions shall be appointed by the mayor from among the residents of the geographic area within the city’s general plan. (b) The members of all boards and commissions shall serve at the pleasure of the council, and may be removed from office at any time, without cause.
(c) The terms of office for members of all boards and commissions established by the City of Escondido, with the exception of the Library Board of Trustees and Planning Commission, shall be for a two (2) year period commencing with the actual date of appointment and ending on March 31st of the second year thereafter.
(d) Any vacancy which occurs prior to the expiration of a term shall be filled by appointment for the unexpired portion of such term consistent with the nomination procedure provided for in this section.
(e) During January and February, the City of Escondido solicits applications from persons interested in actively participating in local government. Interviews are conducted by the full Council and each application is carefully reviewed before an appointment is made. Terms of office expire on March 31. (f) Applications are accepted throughout the year, however, in case additional appointments need to be made due to resignations or other unforeseen circumstances.

Article XI. Oath of Office
Section 11.01 Each board and commission member, before entering upon the discharge of the duties of his/her office, shall take, subscribe to, and file with the City Clerk the following oath or affirmation:
(a) “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
211
Item8.

California; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.” Article XII. Training
Section 12.01 Training shall be provided to all board and commission members by the City through the Office of the City Clerk, in consultation with the staff liaison for each board or commission.

Article XIII. Disclosure Obligations
Section 13.01 All public officials, include commissioners, must file annual conflict of interest forms with the City Clerk's office as required by State law. Those forms are public records which are available to the public upon request. The forms require disclosure of information about income, business and property interests in the community, gifts, and the like. As to income, officials are required to disclose sources, but not exact dollar amounts.

Article XIV. Officers
Section 14.01 Each board and commission shall elect one of its members as chair and another member as vice chair by a majority vote. The term length for Chair and Vice Chair is one year. (a) Exception: Library Board of Trustees is governed by State Law and requires the selection of a President and Secretary for the Board.

Article XV. Chair’s Role and Responsibilities
Section 15.01 Presides at meetings of the board or commission, and follows Brown Act requirements for conducting meetings.

Article XVI. Vice Chair’s Role and Responsibilities
Section 16.01 Serves as the presiding officer in the absence of the chair.

Article XVII. Meetings
Section 17.01 Each board and commission shall hold regular meetings and special meetings as it may require. All meetings shall be open to the public and meet Brown Act requirements.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
212
Item8.

Section 17.02 Matters Covered
(a) Order of Business. Regular business shall be taken up for consideration in substantially the following order:
1) Flag Salute
2) Roll Call
3) Oral Communications
4) Current Business Matters
5) Future Agenda Items
6) Commissioner / Board Member Reports
7) Oral Communications
8) Adjournment
Section 17.03 Oral Communications.
(a) Time has been reserved near the end of each regular meeting agenda to provide an opportunity for members of the public to directly address the Commission on items of interest to the public.

The Mayor as the presiding officer may at his or her discretion reduce or extend the time for a speaker or speaker representative to address the Commission consistent with the Ralph M. Brown Act. Members of the public that speak during “Oral Communications” may not demand audio/visual support from the City Clerk or City Staff. Comments on an item already appearing on the agenda shall only be taken at the time reserved for discussion of that agenda item. No action will be taken by the Commission on items discussed under Oral Communications, except to refer the matter to staff or schedule for future action.

Section 17.04 Electronic Public Comment
(a) Members of the public can submit comments electronically through the City’s Website for items on the agenda as well as “Oral Communications.” Comments submitted electronically will, if feasible, be provided to the Commission by the City Clerk prior to the Commission meeting for which the comments DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
213
Item8.
apply. Those comments shall thereafter be summarized and permanently filed with the minutes of the meeting.
(b) Commissioner / Board Member Reports.
(i) The Commission Member Report agenda item provides members of the Commission an opportunity to report matters of general interest to the public and their fellow Commission Members. No actions, votes or further discussions shall occur on any such matter(s).

Commission Action on Agenda Matters.

Article XVIII. Commission Action on Agenda Matters
Section 18.01 Prior to any vote or discussion by the Commission on a matter to be decided on the agenda, City staff shall provide a presentation and/or answer questions, if requested, and thereafter, any Council member may seek recognition by the presiding officer and make a motion to adopt such item, and thereafter, the presiding officer shall determine if another Commission member, including the presiding officer, seconds the motion. If the motion receives a second, the matter may be debated before putting the motion to a vote of the Commission. A motion that fails to obtain a second or a majority vote shall die.

Article XIX. Manner of Addressing Commission/Board - Time Limit.

Section 19.01 Each person addressing the Commission shall step up to the microphone, shall state their name and city of residence in an audible tone of voice for the record and, unless further time is granted by the presiding officer, shall limit their address to three (3) minutes. If significant numbers of persons desire to speak on a given item, the presiding officer has the discretion to limit speaking times and/or alter the sequence of hearing matters on the agenda. Longer time limits may be permitted for an applicant, appellant, or spokesperson for a larger group, at the discretion of the presiding officer. (a) Whenever any group of persons wishes to address the (b) Commission on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be presented at the time by any other member of the said group, to limit the number of persons so addressing the Commission so as to avoid unnecessary repetitions before the Commission.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
214
Item8.
(c) City staff presentations and responses to Commission questions are not governed by this time limit.

Article XX. Posting of Agenda.

Section 20.01 At least 72 hours before a regular meeting, the City Clerk shall post a certified copy of the agenda specifying the time and location of the regular meeting in a place accessible so as to be available for review by members of the public.

Article XXI. Content of Agenda
Section 21.01 Under state law, the Commission is limited to consideration of items which are on a posted agenda. Items may be placed on an agenda by city staff, or upon the request of an individual Commissioner with the concurrence of at least one other Commissioner. The Staff Liaision shall be in charge of preparing the Commission agenda.

Section 21.02 Processing of Motions
(a) When a motion is made, it shall be stated clearly and concisely by its mover. After a motion is made and seconded, it may be stated by the presiding officer before debate. A motion may be withdrawn by the mover without consent of the Commission members. (b) The presiding officer shall at any time by majority consent of the Commission members, permit a Commission member to propose the reordering of agenda items. (c) If a question contains two or more divisible propositions, the presiding officer may, and upon request of a Commission member shall, divide the same.

Section 21.03 Precedence of Motions.
(a) When a motion is before the Commission, no motion shall be entertained except (precedence in order indicated):
1) To adjourn
2) To fix hour of adjournment
DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
215
Item8.
3) To table
4) For the previous question
5) To postpone to a certain day
6) To refer
7) To amend
8) To postpone indefinitely
(b) A motion to adjourn shall be in order any time, except as follows:
1) When repeated without intervening business or discussion 2) When made as an interruption of a Commission member while speaking 3) When the previous question has been ordered
4) While a vote is being taken
(c) A motion to adjourn “to another time" is debatable only as to the time to which the (d) meeting is adjourned.
(e) A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table" only by adding it to the agenda of the next regular meeting, to be discussed at the following regular meeting.
(f) A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Commission member of “question" does not accomplish the same purpose. If a motion fails, debate is reopened; if motion passes, then vote shall be taken on the main motion.
(g) A motion to amend shall be in order and is debatable only as to amendment. A motion to amend an amendment shall not be in order. An amendment modifying the intention of a motion shall be DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
216
Item8.
in order but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and amendments are to be voted first, then the main motion is amended. (h) A motion to postpone indefinitely shall be fully debatable and if the same is adopted, the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set. (i) A motion to refer shall not be debatable except for the propriety of referring.

Article XXII. Administrative Mandamus.

Section 22.01 Persons who are dissatisfied with a decision of the Commission may have the right to seek review of that decision by a court. In addition, the City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged.

Article XXIII. Appeals; Continuances.

Section 23.01 Any person appealing an action of a City Board or Commission or City Staff to the City Council has a right to two two-week postponements of the initial hearing scheduled on the appeal.

After exhaustion of this right, the appeal shall be considered withdrawn. This procedure shall not limit the ability of the City Council to continue a hearing which has commenced to a subsequent meeting to receive additional public testimony or information from City Staff.

Article XXIV. Reconsideration.

Section 24.01 Any member of the Commission, voting in the majority on any action of the Commission, may at the same meeting, or at a subsequent time, request the Commission reconsider an action. A reconsideration request made by a member of the Commission voting in the minority shall not be allowed, except when made more than one (1) year after the date of the original action.

Section 24.02 All requests for reconsideration of a Commission action shall be provided to each Commission member, and the City Clerk in writing or via electronic mail, and the request shall be placed on the next available agenda. In the event an item to be reconsidered requires public notice, it shall be calendared and noticed after Commission determines when reconsideration shall occur.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
217
Item8.

Article XXV. Personal Privilege.

Section 25.01 The right of any Commission member to address the Commission on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questioned.

Article XXVI. Commission Conduct.

Section 26.01 Each member of the Commission shall act in a courteous and respectful manner to all members of the Commission, including providing each member the full opportunity to ask questions, voice opinions and make statements without interruption during closed and open sessions of the Commission.

Article XXVII. Decorum and Security.

Section 27.01 While the Commission is in session, the Commission members, staff, and members of the public are expected to act in a manner to preserve order and decorum for the meeting. No person shall engage in disorderly or disruptive behavior during the meeting. No person shall, either by conversation, applause, shouting, or any other conduct, interrupt or delay the proceedings.

Section 27.02 Signs, placards, posters, or similar objects which are larger than 8.5 by 11 inches and which disrupt the proceedings shall not be displayed during Commission proceedings by members of the public.

Article XXVIII. Attendance
Section 28.01 Each member of a City board or commission is expected to attend all regularly scheduled meetings. When a board or commission member knows in advance that he/she will be absent from a meeting, the member shall give advance notice to the chair and/or staff liaison.

Section 28.02 Absences from more than 25% of all regularly scheduled meetings over the course of a 12-month period, shall result in that member’s seat being declared vacant by the City Clerk.

Article XXIX. Quorums
Section 29.01 Boards and commissions have a quorum present when a majority of their total membership is present.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
218
Item8.

Article XXX. Majority and Abstentions
Section 30.01 Board and commission motions shall be approved by a majority of legal votes cast.

Members who fail to vote are presumed to have waived the exercise of their right and to have consented to allow the will of the organization to be expressed by those voting. The tabulation of a vote is based on the number of members present and voting. Abstentions are not counted, since a member who abstains voluntarily relinquishes his or her vote, and is not counted in the results.

Article XXXI. Subcommittees
Section 31.01 Subcommittees may be established as required to facilitate the study of Commission-directed or staff-requested initiatives.

Article XXXII. Staff Support to Board and Commissions
Section 32.01 Relevant departments shall appoint a staff liaison to support each board and commission.

Article XXXIII. Role in Public Communication
Section 33.01 In addition to their role as advisors to the City Council, boards and commissions, as a body, serve as liaisons between the City and the general public regarding issues under their purview at City sponsored meetings or events. Each board and commission functions as a communication link, explaining City programs and recommendations, advocating established City policy and services, as well as providing a forum for public comment.

Article XXXIV. Board and Commission Role Outside of Meetings Section 34.01 Outside of official board or commission meetings, individual board and commission members are not authorized to represent the City or their board or commission unless specifically designated by the City Council or the board or commission to do so for a particular purpose. (a) In private settings, board and commission members may communicate at any time and on any subject with individual members of the City Council, and may express to them individual viewpoints and opinions.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
219
Item8.
(b) In public, however, all members shall represent the official policies or positions of their board or commission.

Article XXXV. Board and Commission Communication with City Council Section 35.01 Council shall be kept informed of the activities of boards and commissions by virtue of the board and commission minutes.

Section 35.02 Council shall encourage members of the public to submit issues and/or concerns to the appropriate board or commission prior to Council considering the matter.

Article XXXVI. Resignation/Completion of Term
Section 36.01 When a board or commission member resigns from his or her seat, the member shall notify the Mayor in writing (email, fax or letter), with copies to the staff liaison, City Clerk and City Manager, indicating the effective date and the reason(s) for resignation. When the resignation notice is received by the Office of the City Clerk, staff shall notify Council of the resignation and the status of recruitment efforts to fill the vacancy.

Section 36.02 Upon resignation or completion of board or commission assignment, individuals shall not represent themselves further as a board or commission member.

Article XXXVII. Harassment
Section 37.01 The City of Escondido is committed to providing an environment for employees, elected or appointed officials, members of the public, or contractors that promotes dignity and respect and is free from discrimination and harassment.

Article XXXVIII. Removal
Section 38.01 Unless otherwise provided by state law, the Mayor shall appoint and set terms for all members of all members of all boards and commissions. Notwithstanding any other provisions of state law or any other laws of the city, the members of such boards and commissions shall serve at the pleasure of the city council and shall at all times be residents of the geographical area within the city’s general plan.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
220
Item8.
(a) Exception: The Mayor and City Council do not have the authority to involuntarily remove any or all of the Library Board of Trustees prior to the expiration of their respective terms.

Article XXXIX. Administrative Policies
Section 39.01 The City Manager shall have full authority to develop and implement any administrative policies and practices deemed necessary to support the operation of all boards and commissions.

DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
221
Item8.

PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof the 3
rd day of APRIL, 2024 by the following vote to wit:

AYE : Councilmembers: GARCIA, GARCIA, MARTINEZ, WHITE
NOES : Councilmembers: NONE
ABSENT : Councilmembers: MORASCO
APPROVED:

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

ZACK BECK, City Clerk of the
City of Escondido, California
RESOLUTION NO. 2024-42R
DocuSign Envelope ID: C9B6F711-D902-441E-B50E-87830A879997 Attachment '1"
222
Item8.

STAFF REPORT
October 7, 2026
File Number 0680-10

SUBJECT

EXTENSION OF AN INTERIM URGENCY ORDINANCE PROHIBITING DATA CENTERS WITHIN THE CITY OF

ESCONDIDO

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Ordinance No. 2026-19, approving an extension of an interim ordinance to prohibit the establishment, expansion, or intensification of Data Centers and other similar highintensity computing uses within the City of Escondido.

Staff Recommendation: Approve (Development Services: Kevin Snyder, AICP, Director of Development Services)
Presenter: Garrett Smith, City Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Prioritize Public Safety

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

PREVIOUS ACTION
On August 26, 2026, the City Council adopted Interim Urgency Ordinance No. 2026-18 to establish a 45- day moratorium and to prohibit the establishment, expansion, or intensification of data centers and other similar high-intensity computing uses within the City of Escondido. The August 26, 2026 Council materials are provided as Attachment “1” to this Staff Report.

Government Code Section 65858(d) requires that at least ten days prior to the expiration of an interim ordinance or any extension, the City issue a written report describing the measures taken to alleviate the condition(s) which led to the adoption of the ordinance. At its meeting of September 30, 2026, and prior to the expiration date of the 45-day moratorium (October 10, 2026), the City staff provided this “10-day 223
Item9.
report” to City Council to document measures taken during the initial moratorium period. The September 30, 2026 Council materials are provided as Attachment “2” to this Staff Report.

CURRENT REQUEST
In order to continue necessary research, evaluation, review, and consultation associated with data centers and their potential impacts, the Development Services Department requests City Council consider extending the moratorium for an additional ten (10) month and fifteen (15) day period.

Under state law, after notice and a public hearing, an interim urgency ordinance can be extended beyond the initial 45-day moratorium period for up to ten (10) months and fifteen (15) days, and subsequently for an additional twelve (12) months, by a four-fifths vote by the City Council (Government Code section 65858(a)).

The Development Services Department is recommending the adoption of proposed Ordinance No. 2026- 19, which would extend the provisions of Interim Urgency Ordinance No. 2026-18 for ten (10) months and fifteen (15) days to provide staff with additional time to study the potential impacts of data centers and other similar high-intensity computing uses and preservation of the public peace, health, or safety concerns as described in the Ordinance’s findings. If approved, Ordinance No. 2026-19 would remain in effect until the close of business on August 22, 2027.

Tentative Work Plan
The following work plan is provided to outline the anticipated tasks, and associated timeline, to continue the study and review of data centers and their potential impacts within the City of Escondido. Minor adjustments to this tentative workplan may occur and, should a further extension of the interim urgency ordinance be anticipated, City staff will return to City Council for approval in conformance with California Government Code Sections 36934, 36937(b) and 65858.
4 th Qtr. 2026 (Oct-Dec)
Evaluate the potential land use, infrastructure, environmental, public health, and public safety implications of data centers and similar high-intensity computing uses within the City, including but not limited to electricity demand, water use, wastewater demand, cooling systems, backup generation, noise, air quality, greenhouse gas emissions, emergency response, fire and life safety, compatibility with the CEDS, and compatibility with surrounding land uses.

Review the City’s existing General Plan, Municipal Code, zoning regulations, specific plans, and development standards to 224
Item9.
determine whether amendments are necessary to address data centers and similar high-intensity computing uses.

Consult, as appropriate, with utility providers, water agencies, fire and emergency service providers, public health agencies, environmental professionals, residents, businesses, and other stakeholders regarding the potential impacts of such uses and possible regulatory responses.
1 st Qtr. 2027 (Jan-Mar) Continue the evaluation, review, and consultation identified within 4 th Qtr. 2026 period.
2 nd Qtr. 2027 (Apr-Jun)
Continue the evaluation, review, and consultation identified within 4th Qtr. 2026 period.

Develop any proposed amendments to the General Plan, Municipal Code, zoning ordinance, specific plans, and other applicable regulations, including but not limited to use classifications, permitted zoning districts, conditional use requirements, development agreements, siting criteria, separation from sensitive uses, operational standards, utility and water demand standards, noise standards, buffering and screening requirements, generator standards, sustainability measures, and decommissioning requirements.

Present to Escondido Planning Commission any proposed
amendments, or new provisions to, the above identified plans, codes, standards, and requirements.
3 rd Qtr. 2027 (Jul-Aug)
Present to Escondido City Council any proposed amendments, or new provisions to, the above identified plans, codes, standards, and requirements.

August 22, 2027 End of 10-month 15-day moratorium extension period.

CEQA Determination
This interim ordinance is not subject to CEQA (Public Resources Code §21000, et seq.) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15060(c)(2) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Alternatively, this interim ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services. 225
Item9.

ORDINANCES
a. Ordinance No. 2026-19

ATTACHMENTS
a. Attachment “1” – August 26, 2026 City Council Staff Report with (then) proposed Ordinance No. 2026-18
b. Attachment “2” – September 30, 2026 City Council Staff Report with 10-day Report Regarding Measures Taken to Alleviate Conditions which Led to Adoption of Urgency Ordinance No. 2026-18
226
Item9.

ORDINANCE NO. 2026-19

AN EXTENSION OF AN INTERIM URGENCY ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF ESCONDIDO,

CALIFORNIA, PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858, CONTINUING A
MORATORIUM FOR TEN (10) MONTHS AND FIFTEEN
(15) DAYS ON THE ESTABLISHMENT, EXPANSION, OR

INTENSIFICATION OF DATA CENTERS AND OTHER

SIMILAR HIGH-INTENSITY COMPUTING USES WITHIN
THE CITY OF ESCONDIDO; AND FINDING THE ACTION

TO BE EXEMPT FROM CEQA
WHEREAS, the City of Escondido, California, (“City”) is a general law municipal corporation, duly organized and operating under the constitution and laws of the State of California, with the authority to adopt and enforce land use regulations within its boundaries pursuant to its constitutional police powers and the Planning and Zoning Law; and
WHEREAS, on June 7, 2023, the City adopted its Comprehensive Economic Development Strategy (2023-2028) (“CEDS”) which identified and established, among other things, Fundamental 3 – Actively Maximize Value of Land, which found that “it is crucial that land is put to its best use. Inefficient land use, such as static storage for goods or cars should be discouraged. Land that is zoned for housing (Fundamental 1) should do just that, and land that is zoned for creating jobs (Fundamental 2) should do that… [L]and-scarce Escondido [should] get more people and jobs out of every acre.” CEDS at p. 56); and WHEREAS, neighboring jurisdictions have received, and the City reasonably anticipates receiving, applications, pre-applications, inquiries, and expressions of interest for the development of data centers and other similar high-intensity computing uses within the City; and WHEREAS, in general, a “data center” is a physical building or facility that houses and supports the operation of computer servers, networking equipment, or similar electronic equipment and 227
Item9.
information technology infrastructure for building, running and delivering applications and services, data processing, storage transmission, cloud computing, or other similar high intensity computing activities; and
WHEREAS, data centers and similar high-intensity computing uses may require extraordinary electrical demand, substation or transmission improvements, substantial cooling systems, backup generators, water and wastewater capacity, and 24-hour operations, and may thereby create or exacerbate land use compatibility, noise, air quality, greenhouse gas, public health, public safety, emergency response, and infrastructure capacity concerns; and WHEREAS, the City’s existing General Plan, Municipal Code, zoning regulations, and other applicable land use regulations do not currently define, classify, or comprehensively regulate data centers and similar high-intensity computing uses, including with respect to their permissible locations, size and intensity, utility demand, water consumption, cooling systems, backup generation, buffering, noise, environmental performance, decommissioning, and community benefits; and WHEREAS, a “data center” as a use is not expressly identified with the City’s Municipal Code; however, similar such uses may be permitted within the General Industrial Zone via a Plot Plan Permit as identified within Article 61 (Administration and Enforcement), Division 8 (Plot Plans); and WHEREAS, a “data processing” use is expressly allowed within at least one specific plan area identified within the City: the Escondido Research and Technology Center (“ERTC”); and WHEREAS, the City's current Zoning Regulations do not contain development criteria specifically for data center facilities; and
228
Item9.

WHEREAS, the City Council intends within a reasonable time to study, consider, and potentially adopt amendments to the City’s General Plan, Municipal Code, zoning ordinance, specific plans, development standards, and other applicable regulations to address whether, where, and under what conditions data centers and similar high-intensity computing uses should be allowed within the City; and WHEREAS, approval of new data centers or similar high-intensity computing uses, or the expansion or intensification of existing such uses, under the City’s current regulations during the period in which the City is studying and considering such policy and regulatory changes could result in developments that are inconsistent with or in conflict with the land use policies, zoning standards, infrastructure planning, or other regulations being contemplated, and could thereby frustrate or substantially undermine the effectiveness of any future updates; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare because, absent a temporary moratorium, applications for such uses may be accepted, processed, and approved under regulations that do not adequately address the potentially significant infrastructure, environmental, operational, and land use compatibility issues associated with such uses; and
WHEREAS, the City Council further finds that the approval of additional entitlements, permits, or other approvals for such uses during the period of study would result in that threat to the public health, safety, and welfare by allowing the commitment of land, utility capacity, water resources, and related infrastructure before the City can determine and adopt appropriate standards and safeguards; and WHEREAS, the City is unaware of any previously approved, newly proposed, or pending data center projects or applications that may be affected by this interim ordinance or the implementation of 229
Item9.
a temporary moratorium; and
WHEREAS, in 2025, the Governor signed into law Senate Bill 57 ("SB 57") also known as the Ratepayer and Technological Innovation Protection Act, which allows the California Public Utility Commission (“CPUC”) to assess the extent to which electrical corporation costs associated with new loads from data centers result in cost shifts to other electrical corporation customers, of which the findings of such shall be published publicly no later than January 1, 2027; and WHEREAS, pursuant to SB 57, the California legislature found the quickly evolving development of artificial intelligence requires large-format data centers that currently require extremely large loads of electricity and water, and that if managed incorrectly, it could pose a serious threat to California’s climate goals and, more importantly, leave existing ratepayers saddled with the enormous costs of stranded assets built to support that industry; and
WHEREAS, whether or not an Applicant's proposed project requires local entitlement approvals, there remain significant public safety-related concernsthat must be analyzed prior to any data center or similar project moving forward within Escondido; and
WHEREAS, laws and regulations continue to be enacted within California and nationwide surrounding data centers. Data center facilities create particularly unique water and energy demands. Data center demands fueled by the Artificial Intelligence boom are yet to be fully studied and wide-reaching effects still to be determined. However, current literature on data centers suggests impacts, such as substantial water and electrical infrastructure demand thereby leading to increased climatic effects such as drought and urban heat, along with encumbering land with low economically driving uses, has the potential to create an adverse impact to the City. The City of Escondido has not had an adequate 230
Item9.
opportunity to undertake a comprehensive study of the developing technologies and designs such that it can publish appropriate development guidelines for these projects to ensure the public’s welfare and safety; and
WHEREAS, California Government Code Section 65858 and 36937(b) authorize the City Council to adopt an interim ordinance effective immediately and prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering, studying, or intends to study within a reasonable time; and
WHEREAS, the City Council further finds that this urgency ordinance is narrowly tailored, in both scope and duration, by temporarily prohibiting the establishment, expansion, or intensification of data centers and similar high-intensity computing uses while the City considers appropriate policy and regulatory responses; and
WHEREAS, the City Council recognizes that data centers and similar uses may provide certain economic benefits, but finds that it is in the public interest to temporarily pause new or expanded approvals until the City can comprehensively evaluate whether and under what conditions such uses are compatible with the City’s long-term land use, infrastructure, environmental, and community objectives; and
WHEREAS, Government Code Section 65858 further providesthat such an urgency measure shall be effective for only 45 days following its adoption, but may be extended beyond the initial 45-day period, following compliance with that Section, for an additional 10 months and 15 days and subsequently for an additional 12 months; and
WHEREAS, while this interim ordinance is in effect, the City intends to study and consider land 231
Item9.
use development policies and standards related to data center facilities that should be added to the City's General Plan and Zoning Regulations.

WHEREAS, the City Council has the authority under Government Code Sections 36934 and 36937(b) to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and WHEREAS, the City finds it is necessary for the City Council to adopt this interim ordinance as an Urgency Ordinance, as set forth in the above recitals, which are incorporated herein by reference, and pursuant to the powers under Government Code Sections 36934 and 36937(b), for the immediate preservation of the public health and safety; and
WHEREAS, the City Council, at its meeting of August 26, 2026, passed by 5-0 vote to approve Interim Urgency Ordinance No. 2026-18 to establish a 45-day moratorium and to prohibit the establishment, expansion, or intensification of Data Centers and other similar high-intensity computing uses within the City of Escondido; and
WHEREAS, the City Council, at its meeting of September 30, 2026, received a 10-day Report Regarding Measures Taken to Alleviate Conditions which Led to Adoption of Urgency Ordinance No. 2026- 18, as required by California Government Code Section 65858(d); and WHEREAS, at its meeting of October 7, 2026, the City Council held a public hearing to consider the extension of Ordinance No. 2026-18 for an additional ten (10) months and fifteen (15) days through Ordinance No. 2026-19.
232
Item9.

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

SECTION 1. FINDINGS.

The City Council hereby finds and determines that the above recitals are true and correct and incorporates them herein as substantive findings in support of this ordinance. In addition, the City Council specifically finds:

A. Neighboring jurisdictions have received, and the City reasonably anticipates receiving, applications, pre-applications, inquiries, and expressions of interest for new data centers and similar highintensity computing uses, [as well as for the expansion or intensification of existing such uses], and such proposals may be processed and approved under existing regulations in the absence of this interim ordinance.

B. Existing General Plan and zoning provisions do not comprehensively address whether, where, and under what conditions data centers and similar high-intensity computing uses should be permitted, nor do they establish adequate standards concerning location, size, utility demand, water use, cooling systems, backup generation, noise, buffering, environmental performance, public health and safety protections, or related operational characteristics.

C. Data centers and similar high-intensity computing uses may create substantial and unique impacts including, but not limited to, significant electrical demand, increased water consumption, substantial mechanical cooling equipment, noise from cooling systems and generators, air emissions from backup generation, fire and life safety considerations, and demands on public infrastructure and emergency services.
233
Item9.

D. There is a reasonable likelihood that approvals granted during the City’s study and consideration of potential policy and regulatory changes would be in conflict with, or would substantially undermine, contemplated amendments to the General Plan, Municipal Code, zoning ordinance, specific plans, or other regulations regulating such uses.

E. There is a current and immediate threat to the public health, safety, and welfare because the City’s current regulatory framework does not adequately address the potential land use, environmental, utility, infrastructure, and operational impacts associated with data centers and similar high-intensity computing uses.

F. The approval of additional subdivisions, use permits, variances, building permits, site development permits, grading permits, or any other applicable entitlement, permit, or approval for the establishment, expansion, or intensification of data centers or similar high-intensity computing uses during the City’s study period would result in the threat described above by allowing such uses to proceed before appropriate standards and safeguards are established.

G. A temporary moratorium on the establishment, expansion, or intensification of data centers and similar high-intensity computing uses is necessary to maintain the status quo while the City completes its studies and considers any proposed policy and regulatory changes.

H. This Ordinance has no effect on the exempted data centers identified herein, if any, and does not impair any vested rights legally obtained prior to the effective date of this ordinance.

I. The adoption of this interim urgency ordinance is therefore necessary for the immediate preservation of the public peace, health, and safety within the meaning of Government Code section 65858.
234
Item9.

SECTION 2. MORATORIUM IMPOSED.

A. Pursuant to Government Code section 65858, the interim moratorium, established by Ordinance No. 2026-18, is hereby extended by Ordinance No. 2026-19 to prohibit the approval of any applications, permits, or entitlements for the establishment, expansion, or intensification of any data center use within the City of Escondido, except as expressly provided in this ordinance. This ordinance does not apply to the exempted data centers identified in Section 5.B below.

B. During the effective period of this ordinance (“Moratorium Period”), no City official, officer, employee, department, board, commission, or agency shall accept as complete, process, approve, issue, or grant any discretionary or ministerial permit, approval, license, clearance, or entitlement that would authorize any of the following:

1. The establishment, construction, installation, occupancy, or operation of any new data center use;

2. The conversion of any existing building, structure, or site to a data center use;

3. The expansion, enlargement, or intensification of any existing data center use including, but not limited to, increases in gross floor area devoted to such use, server capacity, rack density, electrical service capacity, cooling capacity, backup generation capacity, or water demand; or

4. Any subdivision, site development, grading, building, electrical, mechanical, or similar permit to the extent it would facilitate or enable any activity prohibited by this ordinance.

SECTION 3. DEFINITIONS.
235
Item9.

A. For purposes of this ordinance, “Data Center Use” means any facility, campus, building, structure, or portion thereof used primarily or substantially for the housing, operation, or support of computer servers, server racks, data storage devices, networking equipment, switching equipment, or similar electronic equipment for data processing, storage, transmission, cloud computing, colocation services, artificial intelligence model training or inference, high-performance computing, blockchain operations, digital asset mining, cryptocurrency mining, or other similar high intensity computing activities. “Data Center Use” includes, without limitation, hyperscale data centers, colocation facilities, server farms, cloud computing facilities, artificial intelligence compute facilities, digital asset mining facilities, blockchain mining facilities, and other substantially similar uses, whether or not such use is separately defined or listed in the Municipal Code.

B. “Data Center Use” does not include any of the following:

1. Customary accessory server rooms, IT rooms, or equipment rooms that are clearly incidental and subordinate to a primary permitted use and that serve only on-site business, institutional, governmental, or facility operations;

2. Ordinary office, retail, school, hospital, or industrial computer equipment used solely to support on-site operations;

3. Public safety, emergency communications, or emergency operations facilities; or

4. Telecommunications carrier facilities or public utility facilities necessary to provide essential communications or utility services to the public, to the extent such facilities are not principally used or designed as a commercial data center, colocation facility, cloud computing 236
Item9.
facility, artificial intelligence compute facility, or digital asset mining facility.

SECTION 4. STUDY AND REVIEW.

During the Moratorium Period and any extension thereof, the City Manager, or designee, is authorized and directed to:

A. Evaluate the potential land use, infrastructure, environmental, public health, and public safety implications of data centers and similar high-intensity computing uses within the City, including but not limited to electricity demand, water use, wastewater demand, cooling systems, backup generation, noise, air quality, greenhouse gas emissions, emergency response, fire and life safety, compatibility with the CEDS, and compatibility with surrounding land uses;
B. Review the City’s existing General Plan, Municipal Code, zoning regulations, specific plans, and development standards to determine whether amendments are necessary to address data centers and similar high-intensity computing uses;
C. Consult, as appropriate, with utility providers, water agencies, fire and emergency service providers, public health agencies, environmental professionals, residents, businesses, and other stakeholders regarding the potential impacts of such uses and possible regulatory responses; D. Develop and present to the City Council for consideration any proposed amendments to the General Plan, Municipal Code, zoning ordinance, specific plans, and other applicable regulations, including but not limited to use classifications, permitted zoning districts, conditional use requirements, development agreements, siting criteria, separation from sensitive uses, operational standards, utility and water demand standards, noise standards, buffering and screening requirements, generator standards, 237
Item9.
sustainability measures, and decommissioning requirements; and E. Prepare and issue, prior to the expiration of this ordinance or any extension thereof, a written report to the City Council describing the measures taken to alleviate the conditions that led to the adoption of this Ordinance, consistent with Government Code section 65858.

SECTION 5. APPLICABILITY AND EXEMPTIONS.

A. This ordinance applies to all property within the City of Escondido, including any area subsequently annexed to the City during the effective period of this ordinance, unless otherwise provided by law.

B. The following are exempt from the moratorium established by this ordinance:

1. Data Center Uses for which all required discretionary approvals and ministerial permits necessary to authorize construction and operation were finally granted prior to the effective date of this ordinance, provided that the project is developed in substantial conformance with those approvals;

2. Ordinary accessory server rooms, IT rooms, and similar facilities expressly excluded from the definition of Data Center Use in Section 3.B;

3. Public safety, emergency communications, and emergency operations facilities;

4. Telecommunications carrier facilities and public utility facilities necessary to provide essential public services, to the extent exempted by Section 3 .B; and 238
Item9.

5. Minor repairs, maintenance, replacement in kind, or interior tenant improvements to an existing lawful facility that do not expand the gross floor area devoted to a data center use and do not increase server capacity, electrical service capacity, cooling capacity, backup generation capacity, or water demand.

C. Nothing in this ordinance shall be construed to deprive any person of vested rights legally obtained prior to the effective date of this Ordinance, as those rights may be determined under applicable state law.

SECTION 6. PENALTIES.

The penalties for land use violations that are prescribed in Sections 33-1310 through 33-1313 of the Municipal Code shall apply to violations of the provisions of this interim ordinance.

SECTION 7. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 8. CEQA.

A. The City Council finds that this ordinance is not a “project” under the California Environmental 239
Item9.

Quality Act (“CEQA”) because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. In the alternative, the ordinance is exempt from CEQA pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3), and, to the extent applicable, section 15308, because it is a regulatory action taken by the City for the protection of the environment and there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.

B. The City Council hereby directs staff to prepare, execute, and file with the County of San Deigo Clerk a Notice of Exception within five (5) working days of the adoption of this ordinance.

SECTION 9. CONSTRUCTION.

This ordinance must be broadly construed to achieve the purposes stated herein and consistent with the Section 1 Findings. It is the City Council’s intent that the provisions of this ordinance be interpreted and implemented by the City and others in a manner that facilitates the purposes set forth herein.

SECTION 10. EFFECTIVE DATE; DURATION; EXTENSION.

A. This ordinance is adopted as an urgency measure pursuant to Government Code section 65858 as necessary for the immediate preservation of the public peace, health, and safety. Pursuant to Government Code section 36937(b), this ordinance shall take effect immediately upon its adoption by at least a four-fifths (4/5) vote of the City Council.

B. This interim ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and shall be interpreted in light of that intent. 240
Item9.

C. Unless extended by City Council, this ordinance shall remain in effect until close of business on August 22, 2027. Any extension of this ordinance shall require notice and a public hearing in compliance with Government Code section 65858, and shall be supported by written findings that the conditions warranting the Moratorium Period continue to exist.

D. The City Clerk is hereby directed to certify to the immediate passage of this interim ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.
241
Item9.

STAFF REPORT
August 26, 2026
File Number 0680-10

SUBJECT

INTERIM URGENCY ORDINANCE PROHIBITING DATA CENTERS WITHIN THE CITY OF ESCONDIDO

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Ordinance No. 2026-18, approving an Interim Ordinance to prohibit the establishment, expansion, or intensification of Data Centers and other similar high-intensity computing uses within the City of Escondido.

Staff Recommendation: Approval (Development Services: Kevin Snyder, AICP, Director of Development Services)
Presenter: Garrett Smith, City Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Improve Public Safety

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

PREVIOUS ACTION
None

BACKGROUND
Concerns
Neighboring jurisdictions have received, and the City reasonably anticipates receiving, applications, preapplications, inquiries, and expressions of interest for new data centers and similar high-intensity computing uses, or expansion or intensifications of such uses.

Existing City plans and development code provisions, such as zoning, do not sufficiently address whether, where, and under what conditions these data centers and uses should be permitted, nor to they establish 122
Item9.

Attachment "1"
242
adequate standards concerning location, size, utility demand, water use, cooling systems, backup generation, noise, buffering, environmental performance, public health and safety protections, or related operational characteristics.

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

Government Code § 65858 further provides that such an urgency measure shall expire 45 days following its adoption; however, such measure may be extended beyond the initial 45-day period, following compliance with Government Code § 65858, for an additional 10 months and 15 days, and subsequently for an additional 12 months. Government Code § 65858(d) requires the City issue a written report describing the measures taken to alleviate the condition which led to the adoption of the initial interim ordinance 10 days prior to expiration (i.e., 35-days after passage of the interim ordinance) for purposes of extending the urgency ordinance. Subsequent to the written report, Government Code § 65858(a) allows for an initial 10-month and 15-day extension to provide the City with additional time to study the potential impacts of data centers, or similar high-intensity computing uses and facilities, and measures for mitigating the public safety, health and welfare concerns described above.

With adoption of Ordinance No. 2026-18, the City Council would effectively prohibit any additional subdivisions, use permits, variances, building permits, site development permits, grading permits, business licenses, or any other entitlement for use from being approved or issued for the establishment, construction, operation, expansion, or intensification of a data center use, facility, or similar high-intensity computing use, for any location or property within the City for the immediate preservation of public health, safety, and welfare based on the findings detailed in the ordinance.

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

ORDINANCES
a. Ordinance No. 2026-18
123
Item9.

Attachment "1"
243
ORDINANCE NO. 2026-18

AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ESCONDIDO, CALIFORNIA, PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858
ESTABLISHING A FORTY-FIVE (45) DAY MORATORIUM

ON THE ESTABLISHMENT, EXPANSION, OR

INTENSIFICATION OF DATA CENTERS AND OTHER

SIMILAR HIGH-INTENSITY COMPUTING USES WITHIN
THE CITY OF ESCONDIDO; AND FINDING THE ACTION

Attachment "1"
244
processing, storage transmission, cloud computing, or other similar high intensity computing activities; and
WHEREAS, data centers and similar high-intensity computing uses may require extraordinary electrical demand, substation or transmission improvements, substantial cooling systems, backup generators, water and wastewater capacity, and 24-hour operations, and may thereby create or exacerbate land use compatibility, noise, air quality, greenhouse gas, public health, public safety, emergency response, and infrastructure capacity concerns; and WHEREAS, the City’s existing General Plan, Municipal Code, zoning regulations, and other applicable land use regulations do not currently define, classify, or comprehensively regulate data centers and similar high-intensity computing uses, including with respect to their permissible locations, size and intensity, utility demand, water consumption, cooling systems, backup generation, buffering, noise, environmental performance, decommissioning, and community benefits; and WHEREAS, a “data center” as a use is not expressly identified with the City’s Municipal Code; however, similar such uses may be permitted within the General Industrial Zone via a Plot Plan Permit as identified within Article 61 (Administration and Enforcement), Division 8 (Plot Plans); and WHEREAS, a “data processing” use is expressly allowed within at least one specific plan area identified within the City: the Escondido Research and Technology Center (ERTC); and WHEREAS, the City's current Zoning Regulations do not contain development criteria specifically for data center facilities; and
WHEREAS, the City Council intends within a reasonable time to study, consider, and potentially 125
Item9.

Attachment "1"
245
adopt amendments to the City’s General Plan, Municipal Code, zoning ordinance, specific plans, development standards, and other applicable regulations to address whether, where, and under what conditions data centers and similar high-intensity computing uses should be allowed within the City; and WHEREAS, approval of new data centers or similar high-intensity computing uses, or the expansion or intensification of existing such uses, under the City’s current regulations during the period in which the City is studying and considering such policy and regulatory changes could result in developments that are inconsistent with or in conflict with the land use policies, zoning standards, infrastructure planning, or other regulations being contemplated, and could thereby frustrate or substantially undermine the effectiveness of any future updates; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare because, absent a temporary moratorium, applications for such uses may be accepted, processed, and approved under regulations that do not adequately address the potentially significant infrastructure, environmental, operational, and land use compatibility issues associated with such uses; and
WHEREAS, the City Council further finds that the approval of additional entitlements, permits, or other approvals for such uses during the period of study would result in that threat to the public health, safety, and welfare by allowing the commitment of land, utility capacity, water resources, and related infrastructure before the City can determine and adopt appropriate standards and safeguards; and WHEREAS, the City is unaware of any previously approved, newly proposed, or pending data center projects or applications that may be affected by this interim ordinance or the implementation of a temporary moratorium; and
126
Item9.

Attachment "1"
246
WHEREAS, in 2025, the Governor signed into law Senate Bill 57 ("SB 57") also known as the Ratepayer and Technological Innovation Protection Act, which allows the California Public Utility Commission (CPUC) to assess the extent to which electrical corporation costs associated with new loads from data centers result in cost shifts to other electrical corporation customers, of which the findings of such shall be published publicly no later than January 1, 2027; and WHEREAS, pursuant to SB 57, the California legislature found the quickly evolving development of artificial intelligence requires large-format data centers that currently require extremely large loads of electricity and water, and that if managed incorrectly, it could pose a serious threat to California’s climate goals and, more importantly, leave existing ratepayers saddled with the enormous costs of stranded assets built to support that industry; and
WHEREAS, whether or not an Applicant's proposed project requires local entitlement approvals, there remain significant public safety-related concernsthat must be analyzed prior to any data center or similar project moving forward within Escondido; and
WHEREAS, laws and regulations continue to be enacted within California and nationwide surrounding data centers. Data center facilities create particularly unique water and energy demands. Data center demands fueled by the Artificial Intelligence boom are yet to be fully studied and wide-reaching effects still to be determined. However, current literature on data centers suggests impacts, such as substantial water and electrical infrastructure demand thereby leading to increased climatic effects such as drought and urban heat, along with encumbering land with low economically driving uses, has the potential to create an adverse impact to the City. The City of Escondido has not had an adequate opportunity to undertake a comprehensive study of the developing technologies and designs such that it can publish appropriate development guidelines for these projects to ensure the public’s welfare and 127
Item9.

Attachment "1"
247
safety; and
WHEREAS, California Government Code Section 65858 and 36937(b) authorize the City Council to adopt an interim ordinance effective immediately and prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering, studying, or intends to study within a reasonable time; and
WHEREAS, the City Council further finds that this urgency ordinance is narrowly tailored, in both scope and duration, by temporarily prohibiting the establishment, expansion, or intensification of data centers and similar high-intensity computing uses while the City considers appropriate policy and regulatory responses; and
WHEREAS, the City Council recognizes that data centers and similar uses may provide certain economic benefits, but finds that it is in the public interest to temporarily pause new or expanded approvals until the City can comprehensively evaluate whether and under what conditions such uses are compatible with the City’s long-term land use, infrastructure, environmental, and community objectives; and
WHEREAS, Government Code Section 65868 further provides that such an urgency measure shall be effective for only 45 days following its adoption, but may be extended beyond the initial 45-day period, following compliance with that Section, for an additional 10 months and 15 days and subsequently for an additional 12 months; and
WHEREAS, while this interim ordinance is in effect, the City intends to study and consider land use development policies and standards related to data center facilities that should be added to the City's General Plan and Zoning Regulations; and
128
Item9.

Attachment "1"
248
WHEREAS, the City Council has the authority under Government Code Sections 36934 and 36937(b) to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and WHEREAS, the City finds it is necessary for the City Council to adopt this interim ordinance as an Urgency Ordinance, as set forth in the above recitals, which are incorporated herein by reference, and pursuant to the powers under Government Code Sections 36934 and 36937(b), for the immediate preservation of the public health and safety.

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

SECTION 1. FINDINGS. The City Council hereby finds and determines that the above recitals are true and correct and incorporates them herein as substantive findings in support of this ordinance. In addition, the City Council specifically finds:

C. Data centers and similar high-intensity computing uses may create substantial and unique 129
Item9.

Attachment "1"
249
impacts including, but not limited to, significant electrical demand, increased water consumption, substantial mechanical cooling equipment, noise from cooling systems and generators, air emissions from backup generation, fire and life safety considerations, and demands on public infrastructure and emergency services.

H. This Ordinance has no effect on the exempted data centers identified herein, if any, and does not impair any vested rights legally obtained prior to the effective date of this ordinance.

Attachment "1"
250
65858.

SECTION 2. MORATORIUM IMPOSED.

A. Pursuant to Government Code section 65858, an interim moratorium is hereby imposed on the approval of any applications, permits, or entitlements for the establishment, expansion, or intensification of any data center use within the City of Escondido, except as expressly provided in this ordinance. This ordinance does not apply to the exempted data centers identified in Section 5.B below.

1. The establishment, construction, installation, occupancy, or operation of any new data center use;

2. The conversion of any existing building, structure, or site to a data center use;

4. Any subdivision, site development, grading, building, electrical, mechanical, or similar permit to the extent it would facilitate or enable any activity prohibited by this ordinance.

SECTION 3. DEFINITIONS.

Attachment "1"
251
services, artificial intelligence model training or inference, high-performance computing, blockchain operations, digital asset mining, cryptocurrency mining, or other similar high intensity computing activities. “Data Center Use” includes, without limitation, hyperscale data centers, colocation facilities, server farms, cloud computing facilities, artificial intelligence compute facilities, digital asset mining facilities, blockchain mining facilities, and other substantially similar uses, whether or not such use is separately defined or listed in the Municipal Code.

B. “Data Center Use” does not include any of the following:

2. Ordinary office, retail, school, hospital, or industrial computer equipment used solely to support on-site operations;

3. Public safety, emergency communications, or emergency operations facilities; or

4. Telecommunications carrier facilities or public utility facilities necessary to provide essential communications or utility services to the public, to the extent such facilities are not principally used or designed as a commercial data center, colocation facility, cloud computing facility, artificial intelligence compute facility, or digital asset mining facility.

SECTION 4. STUDY AND REVIEW. During the Moratorium Period and any extension thereof, the City Manager, or designee, is authorized and directed to:

Attachment "1"
252
air quality, greenhouse gas emissions, emergency response, fire and life safety, compatibility with the CEDS, and compatibility with surrounding land uses;
B. Review the City’s existing General Plan, Municipal Code, zoning regulations, specific plans, and development standards to determine whether amendments are necessary to address data centers and similar high-intensity computing uses;
C. Consult, as appropriate, with utility providers, water agencies, fire and emergency service providers, public health agencies, environmental professionals, residents, businesses, and other stakeholders regarding the potential impacts of such uses and possible regulatory responses; D. Develop and present to the City Council for consideration any proposed amendments to the General Plan, Municipal Code, zoning ordinance, specific plans, and other applicable regulations, including but not limited to use classifications, permitted zoning districts, conditional use requirements, development agreements, siting criteria, separation from sensitive uses, operational standards, utility and water demand standards, noise standards, buffering and screening requirements, generator standards, sustainability measures, and decommissioning requirements; and E. Prepare and issue, prior to the expiration of this ordinance or any extension thereof, a written report to the City Council describing the measures taken to alleviate the conditions that led to the adoption of this Ordinance, consistent with Government Code section 65858.

SECTION 5. APPLICABILITY AND EXEMPTIONS.

B. The following are exempt from the moratorium established by this ordinance:

Attachment "1"
253
this ordinance, provided that the project is developed in substantial conformance with those approvals;

2. Ordinary accessory server rooms, IT rooms, and similar facilities expressly excluded from the definition of Data Center Use in Section 3.B;

3. Public safety, emergency communications, and emergency operations facilities;

4. Telecommunications carrier facilities and public utility facilities necessary to provide essential public services, to the extent exempted by Section 3 .B; and

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

SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 8. CEQA.
134
Item9.

Attachment "1"
254
A. The City Council finds that this ordinance is not a “project” under the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. In the alternative, the ordinance is exempt from CEQA pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3), and, to the extent applicable, section 15308, because it is a regulatory action taken by the City for the protection of the environment and there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.

B. The City Council hereby directs staff to prepare, execute, and file with the County of San Deigo Clerk a Notice of Exception within five (5) working days of the adoption of this ordinance.

SECTION 9. CONSTRUCTION. This ordinance must be broadly construed to achieve the purposes stated herein and consistent with the Section 1 Findings. It is the City Council’s intent that the provisions of this ordinance be interpreted and implemented by the City and others in a manner that facilitates the purposes set forth herein.

SECTION 10. EFFECTIVE DATE; DURATION; EXTENSION.

B. This interim ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and shall be interpreted in light of that intent.

C. Unless extended by City Council, this ordinance shall remain in effect until close of business on October 10, 2026. Any extension of this ordinance shall require notice and a public hearing in compliance with Government Code section 65858, and shall be supported by written findings that the 135
Item9.

Attachment "1"
255
conditions warranting the Moratorium Period continue to exist.

Attachment "1"
256

STAFF REPORT
September 30, 2026
File Number 0680-10

SUBJECT
10-DAY REPORT REGARDING MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO ADOPTION OF INTERIM URGENCY ORDINANCE NO. 2026-18, ESTABLISHING A TEMPORARY

MORATORIUM ON DATA CENTERS WITHIN THE CITY OF ESCONDIDO

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council receive and file a 10- day report regarding measures taken to alleviate the conditions which led to adoption of Interim Urgency Ordinance No. 2026-18.

Staff Recommendation: Receive and File (Development Services: Kevin Snyder, AICP, Director of Development Services)
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Prioritize Public Safety

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

BACKGROUND
Government Code Section 65858(d) requires that at least ten days prior to the expiration of an interim ordinance or any extension, the City Council issue a written report describing the measures taken to alleviate the condition(s) which led to the adoption of the Ordinance. This report (included herein as Attachment “1”) is being issued for compliance with said government code provision.

In order to continue necessary research, evaluation, review, and consultation associated with data centers and their potential impacts, the Development Services Department will be requesting City Council 44 Item7.

Attachment "2"
257
Item9.
consider extending the moratorium for an additional ten (10) month and fifteen (15) day period. A public hearing has been scheduled for City Council’s October 7, 2026 meeting to consider this request.

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

ATTACHMENTS
a. Attachment “1” – 10-Day Report Regarding Measures Taken to Alleviate the Conditions Which Led to Adoption of Urgency Ordinance No. 2026-18, Establishing a Temporary Moratorium on Data Centers within the City of Escondido 45 Item7.

Attachment "2"
258
Item9.

Attachment “1”
1 of 1
10-DAY REPORT REGARDING MEASURES TAKEN

TO ALLEVIATE THE CONDITIONS WHICH LED TO ADOPTION OF
URGENCY ORDINANCE NO. 2026-18, ESTABLISHINGATEMPORARY MORATORIUM ON

DATA CENTERS WITHIN THE CITY OF ESCONDIDO
I. Background
On August 26, 2026, the City Council adopted Interim Urgency Ordinance No. 2026-18 to establish a 45-day moratorium to prohibit the establishment, expansion, or intensification of data centers and other similar high-intensity computing uses within the City of Escondido.

Urgency Ordinance No 2026-18 authorized and directed staff to further study data centers, including but not limited to the evaluation of its potential impacts, and consultation with appropriate parties and stakeholders during the moratorium period and any extensions thereof.

UrgencyOrdinanceNo. 2026-18 took effectonAugust 26, 2026, and expireson October 10, 2026, unless extended to a later date after notice and a public hearing for up to an additional ten (10) months and fifteen (15) days, and subsequently for an additional twelve months. (Government Code Section 65868(a)).

Government Code Section 65858(d)requiresthat at least ten days prior to the expiration of an interim ordinance or any extension, the City Council issue a written report describing the measures taken to alleviate the condition(s) which led to the adoption of the ordinance. This report is being issued for compliance with said government code provision.

II. Measures Taken Since the Adoption ofthe Interim Ordinance As City staff's findings demonstrate, Urgency Ordinance No. 2026-18 was enacted in order to preserve public health, safety, and welfare because, absent a temporary moratorium, applications for such uses may be accepted, processed, and approved under regulations that do not adequately address the potentially significant infrastructure, environmental, operational, and land use compatibility issues associated with such uses.

To alleviate the conditions that led to the adoption of Urgency Ordinance No. 2026-18, the City has taken the following steps since adopting the Interim Ordinance:
1) Staff has taken preliminary steps to study and consider the hazards associated with data centers and other similar high-intensity computing uses, land use development policies, and standards relating to data processing facilities.
2) In collaboration with the City Attorney's office, staff is exploring possible amendments to the City's General Plan and Zoning Regulations aimed at enhancing public health, safety, and welfare to adequately address the potentially significant infrastructure, environmental, operational, and land use compatibility issues associated with such uses, as identified in Urgency Ordinance No. 2026-18. This includes research into what other cities in California are doing in order to enhance safety standards and environmental safeguards regarding data centers and other similar high-intensity computing uses. 46 Item7.

Attachment "2"
259
Item9.

Attachment “1”
2 of 2
Ill. Conclusion
The City has not concluded its research, evaluation, review, and consultation associated with data centers and their potential impacts and thus has not yet taken any action at this time regarding the formation of any permanent regulations pertaining to the establishment, expansion, or intensification of data centers and other similar high-intensity computing uses within the City of Escondido. As a result, an extension of urgency Ordinance No. 2026-18 is recommended to allow the City the time to effectively study and consider land use development policies and standards related data centers and other similar high-intensity computing uses within the City of Escondido that should be added to the City's General Plan and Zoning Regulations.
47 Item7.

Attachment "2"
260
Item9.

STAFF REPORT
October 7, 2026
File Number 0680-10

SUBJECT
PL26-0140: SENATE BILL 79 IMPLEMENTATION ORDINANCE

DEPARTMENT
Development Services, Planning Services

RECOMMENDATION
Request the City Council adopt Ordinance No. 2026-15 approving a Zone Text Amendment (“Amendment”) establishing Article 81 (Transit-Oriented Development Overlay Zone) in Chapter 33 (Zoning) of the Escondido Municipal Code, for the purpose of implementing Senate Bill (“SB”) 79 as codified in Government Code sections 65912.155 through 65912.162, inclusive. The amendment includes adoption of the related TOD Overlay Zone Map and parcel inventories identifying sites subject to the statute, excluded sites, exemptsitesthat may become eligible through a development agreement, and sites subject to phased implementation.

Staff Recommendation: Approval (Development Services: Kevin Snyder, AICP, Director of Development Services)
Presenter: Joel Cvetko, Senior Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Drive Community and Land Development; Prioritize Public Safety

FISCAL ANALYSIS
The ordinance and recommended action to implement SB 79 are in response to an unfunded state mandate and are not anticipated to have a direct fiscal impact on the City of Escondido.

PLANNING COMMISSION ACTION
On August 11, 2026, the Planning Commission voted 4-0 to adopt Planning Commission Resolution No. 2026-07 to recommend adoption of Ordinance No. 2026-15 to the City Council.

BACKGROUND
At its August 11, 2026 public hearing, the Planning Commission received staff’s presentation and recommendation on the proposed Zone Text Amendment to Chapter 33 (Zoning) of the Escondido 261
Item10.

Municipal Code to add new Article 81 (Transit-Oriented Development Overlay Zone). Commissioner questions included whether the criteria for a qualifying walking path were contained in the ordinance and whether Americans with Disabilities Act (“ADA”) standards would apply. Staff affirmed that the ordinance includes criteria for determining a qualifying walking path and incorporates applicable accessibility requirements from the ADA.

Commissioners were provided with a public comment letter submitted that afternoon by Californians for Homeownership and the California Housing Defense Fund and asked whether staff had addressed the issues raised. The letter raised two principal issues concerning the walking path exemption and exclusion of parcels with ineligible zoning, further addressed in the Analysis section. The Assistant City Attorney confirmed the letter had been reviewed and summarized its principal arguments for the Commission.

Counsel advised that the City did not concur with the letter’s interpretations of the law and, as a result, the comments did not alter staff’s recommendation. One City resident also provided public comment during the hearing indicating his neighborhood (Westside Hillside) was unsuited for development under SB 79 because of its low-density development pattern and lack of sidewalks.

A comprehensive discussion of SB 79, the proposed implementing ordinance, the TOD Overlay Zone Map, and the related parcel inventories is provided in the August 11, 2026 Planning Commission Staff Report, included as Attachment “1.”

ANALYSIS
SB 79 establishes state-mandated residential development standards for qualifying properties within onehalf mile of certain major transit stops, an area referred to as a transit-oriented development (“TOD”) zone. In Escondido, the law applies around the Escondido Transit Center and Nordahl Road SPRINTER stations. The applicable state-mandated standards for Escondido’s TOD zones are shown in the table below.

Tier 2 TOD Stops
Distance to Stop Height Density Residential FAR
0 feet to 200 feet 85 feet 140 dwelling units per acre
(du/ac) 4.0
>200 feet to ¼ mile 65 feet 100 du/ac 3.0
>¼ mile to ½ mile 55 feet 80 du/ac 2.5
262
Item10.

The Escondido Transit Center TOD zone includes approximately 480 impacted parcels1 covering
approximately 233 acres, increasing gross theoretical residential capacity in that area from approximately 5,953 to 22,174 units before application of exemptions and temporary exclusions. The Nordahl Road Station TOD zone only includes four impacted parcels covering approximately two acres, with a gross theoretical capacity of 212 units on properties where residential development was not previously permitted.

The proposed ordinance implements SB 79 by adding Article 81, Transit-Oriented Development Overlay Zone, to Chapter 33, Zoning, of the Escondido Municipal Code and adopting the associated TOD Overlay Zone Map and parcel inventories. Although SB 79 applies by operation of state law, the ordinance establishes the local framework for identifying subject properties, applying the required development standards, and administering authorized exemptions and temporary exclusions.

The ordinance categorizes properties into four groups: (1) qualifying sites subject to the state standards, (2) excluded sites with zoning not subject to SB 79, (3) exempt sites without a qualifying walking path of less than one mile to the applicable transit stop, and (4) phased implementation sites containing locally registered historic resources. The map and parcel inventories provide the basis for administering these classifications.

Walking Path Exemption
SB 79 authorizes the City to exempt a site where substantial evidence demonstrates that no walking path of less than one mile exists between the parcel and the applicable transit stop. The ordinance establishes objective criteria requiring the route to be continuous, legally available for public pedestrian travel, physically usable, and accessible. A theoretical route that requires travel through private property, within a roadway or drainage facility, across an unlawful crossing, or through another material barrier does not qualify.

Staff identified portions of the Escondido Transit Center TOD zone that are within one-half mile of the station by straight-line distance but lack a qualifying walking path of less than one mile. These properties are identified as exempt on the TOD Overlay Zone Map and related parcel inventory.

Phased Implementation for Historic Resources
The ordinance applies SB 79’s phased implementation provisions to approximately 15 properties listed on the Escondido Local Register of Historic Resources as of January 1, 2025. Application of SB 79 would be delayed on these properties until the deadline established by state law, anticipated to occur in approximately mid-2032.

1 For purposes of this analysis, “impacted parcels” includes parcels initially within SB 79’s applicable geography and zoning categories before application of the walking path exemption and phased implementation provisions. 263
Item10.

This temporary exclusion protects existing historic resources and provides time for the City to evaluate how the state-mandated development standards should interact with local historic preservation requirements before the properties become subject to SB 79.

Future Eligibility Through Development Agreements
The ordinance allows an exempt site to become eligible if the absence of a qualifying walking path is corrected through a development agreement approved by the City Council. The agreement must secure the design, funding, construction, and public availability of the required pedestrian improvements, which must be completed before issuance of a certificate of occupancy for the associated housing project.

This approach avoids permanently excluding properties where a functional pedestrian connection to transit can reasonably be provided. It also ensures that a property does not receive the benefit of SB 79 development standards without completion of the walking path necessary to establish its relationship to the transit stop.

Public Comment Letter
The public comment letter received at the Planning Commission hearing, included as Attachment “2,” disputes the ordinance’s implementation of the walking path exemption and exclusion of parcels with ineligible zoning. Staff does not concur with its interpretation of either issue.

With respect to the walking path exemption, staff does not agree that a route qualifies as a “walking path” under SB 79 merely because passage is physically possible or pedestrian travel in the roadway is conditionally allowed. A reasonable interpretation of the term is that a walking path must function as an ordinary means of pedestrian travel. This interpretation ensures that a walking path determination reflects actual pedestrian access rather than the theoretical ability to traverse a roadway or other area on foot. Because the statute does not define the term and expressly authorizes local governments to designate “areas” as exempt, Article 81 applies objective criteria to determine whether a continuous route legally available and materially usable for pedestrian travel exists.

Staff conducted parcel-level review using the Comprehensive Active Transportation Strategy sidewalk and crosswalk gap analysis, underlying GIS files, route and right-of-way information, aerial and street-level imagery, and field observations. A walking path need not satisfy every current design standard, but an identifiable pedestrian path must first exist. The ordinance does not require a conventional sidewalk or treat accessibility standards as an independent basis for exemption. Likewise, Vehicle Code provisions governing pedestrian conduct under specified roadway conditions do not establish that all roadways constitute walking paths under SB 79. Staff concludes that the identified exemptions are authorized by Government Code Section 65912.160(e)(1) and based on findings supported by substantial evidence in the administrative record.

Regarding the zoning-based exclusions, staff does not concur that allowing any commercial-type use necessarily means a site is “zoned for residential, mixed, or commercial development” under Government 264
Item10.

Code Section 65912.157(a). When the Legislature intends housing law applicability to turn on uses allowed within a zone, it has expressly used a “principally permitted use” standard, as was employed in AB 2011 (2022) and SB 6 (2022); SB 79 instead uses the phrase “zoned for.” The Legislature’s decision in AB 956 (2026) to replace “zoned for single-family residential use” with “zoned to allow single-family residential use” further demonstrates that it recognizes the distinction between zoning classification and an allowed use and selects its language accordingly.2
Applying a permitted use standard to SB 79 would effectively equate a site “zoned for commercial development” with a site where an individual commercial use is allowed, despite the Legislature’s decision to frame SB 79 in terms of the development for which a site is zoned. HCD has likewise recognized in its SB 9 (2021) guidance3that a zone permitting a particular use is not necessarily classified for that use, and that the zone’s primary purpose and framework determine its applicability. Staff reviewed each parcel’s governing zoning framework as a whole, including the district’s purpose, structure, and authorized development, rather than treating an isolated use table entry, district name, or existing business as dispositive. Staff concludes that the excluded parcel inventory reasonably applies SB 79 to Escondido’s zoning structure.

ENVIRONMENTAL ANALYSIS
Pursuant to Government Code Section 65912.160(c)(2), adoption of an ordinance to implement SB 79 is not a project for purposes of CEQA, Division 13, commencing with Section 21000, of the Public Resources Code, and is therefore not subject to CEQA.

CONCLUSION AND RECOMMENDATION
SB 79 took effect on July 1, 2026, and impacts areas in proximity to Escondido’s SPRINTER stations. The proposed ordinance provides a local framework for administering the law by identifying affected parcels, establishing map and eligibility procedures, applying required state development standards, and using only those exemptions and phased implementation tools expressly authorized by the statute.

Staff recommends an implementing ordinance because it is a more efficient enactment tool than a TOD Alternative Plan at this time. The ordinance focuses on immediate local implementation, including the exemption for sites without a walking path of less than one mile and temporary exclusion of properties containing locally registered historic resources.

2 Assembly Committee on Housing and Community Development, Analysis of AB 956, as amended August 12, 2026, pgs. 1, 5–6
3 California Department of Housing and Community Development, SB 9 Fact Sheet: On the Implementation of Senate Bill 9, pg. 2, “Single-Family Residential Zones Only” (September 2024) 265
Item10.

Staff conducted Council briefings regarding SB 79 and the proposed implementing ordinance. The briefing sheet used to guide these discussions is included as Attachment “3.” The City Council may take one of the following actions:

Option 1: Adopt the proposed ordinance as recommended by staff. Adopt Ordinance No. 2026-15, including the related findings, TOD Overlay Zone Map, and parcel inventories, and direct staff to submit the ordinance to HCD as required by state law.

Option 2: Adopt the ordinance without the walking path exemption. Adopt Ordinance No. 2026-15 with revisions retaining phased implementation for locally registered historic resources but removing the walking path exemption and making corresponding revisions to the findings, ordinance text, map, parcel inventories, and related development agreement provisions.

Option 3: Decline to adopt the ordinance. Take no action on Ordinance No. 2026-15. SB 79 would continue to apply by operation of state law, and qualifying projects would be reviewed directly under applicable state law without the local implementation framework provided by the ordinance.

Staff recommends Option 1.

ORDINANCES
a. Ordinance No. 2026-15
b. Ordinance No. 2026-15 – Exhibit “A” – Findings of Fact c. Ordinance No. 2026-15 – Exhibit “B” – Proposed Text Amendments d. Ordinance No. 2026-15 – Exhibit “C” – TOD Overlay Zone Map e. Ordinance No. 2026-15 – Exhibit “D” – Parcel Inventories

ATTACHMENTS
a. Attachment “1” – Planning Commission Staff Report, dated August 11, 2026, with all attachments
b. Attachment “2” – Public Comment Letter – Californians for Homeownership and California Housing Defense Fund, dated August 11, 2026
c. Attachment “3” – Council Briefing Sheet
266
Item10.

ORDINANCE NO. 2026-15

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, ADDING A NEW ARTICLE 81
TO CHAPTER 33 OF THE ESCONDIDO MUNICIPAL CODE
TO IMPLEMENT SENATE BILL 79 (2025), CODIFIED AT
GOVERNMENT CODE SECTIONS 65912.155 THROUGH
65912.162, INCLUSIVE, BY ESTABLISHING A TRANSITORIENTED DEVELOPMENT OVERLAY ZONE, ADOPTING

THE TRANSIT-ORIENTED DEVELOPMENT OVERLAY ZONE

MAP AND RELATED PARCEL INVENTORIES, APPLYING

THE OVERLAY ZONE TO PARCELS SUBJECT TO SENATE
BILL 79, EXEMPTING CERTAIN PARCELS AS ALLOWED BY

LAW, PHASING IMPLEMENTATION FOR CERTAIN

PARCELS AS ALLOWED BY LAW, ESTABLISHING
OBJECTIVE DEVELOPMENT STANDARDS FOR TRANSITORIENTED HOUSING DEVELOPMENTS, DETERMINING

THAT ADOPTION OF THE ORDINANCE IS NOT A PROJECT

FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT, AND AUTHORIZING STAFF TO SUBMIT THE

ENACTED ORDINANCE TO THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT
CASE NO.: PL26-0140
The City Council of the City of Escondido, California does ordain as follows:

SECTION 1. The City Council makes the following findings:

WHEREAS, the Legislature of the State of California has, in Article XI, Section 7 of the California Constitution, conferred upon local governments the authority to adopt regulations to protect and promote the public health, safety and general welfare of its citizens; and WHEREAS, on October 10, 2025, California Governor Gavin Newsom signed Senate Bill 79 (“SB 79”) into law, amending Division 1 of Title 7 of the California Government Code to add Chapter 4.1.5, commencing with Section 65912.155. The law became effective on July 1, 2026; and 267
Item10.

WHEREAS, Government Code Section 65912.157 makes qualifying transit-oriented housing development projects an allowed use on eligible sites within one-half mile of a TOD stop and establishes applicable development standards, and Government Code Section 65912.159 governs whether such projects proceed under streamlined ministerial review under Government Code Section 65913.4 or through the City’s otherwise applicable development review process, subject to Government Code Section 65589.5, with conflicting local zoning standards inapplicable; and WHEREAS, based on the definitions in Government Code Section 65912.156 and the California Department of Housing and Community Development’s SB 79 Advisory Clarifications on Definitions for Metropolitan Planning Organizations dated March 20, 2026, the qualifying TOD stops in the City of Escondido are the two North County Transit District (“NCTD”) SPRINTER passenger rail stations at the Escondido Transit Center and Nordahl Road Station, which meet the definition of Tier 2 stops; and WHEREAS, Government Code Section 65912.160(f) requires each metropolitan planning organization to map qualifying TOD stops within its region, and the City’s TOD Overlay Zone Map is informed by SANDAG’s SB 79 regional mapping products, including the Draft SB 79 Transit-Oriented Development Map and any final, updated, corrected, replacement, or successor mapping products considered by the City, together with the City’s parcel-level analysis and the administrative record; and WHEREAS, based on the TOD Overlay Zone Map, applicable zoning, parcel-level analysis, and the administrative record, the parcels identified in Exhibit “D.i” – Qualifying Parcel Inventory are the parcels where the TOD Overlay Zone applies and where the development standards established by Government Code Section 65912.157 apply, except as otherwise provided by state law or the overlay; and WHEREAS, parcels located within the one-half-mile “TOD zones” that are not zoned for residential, mixed, or commercial development, as identified in Exhibit “D.ii” – Excluded Parcel Inventory, 268
Item10.
are not eligible for application of Government Code Chapter 4.1.5, including industrially zoned properties in the Light Industrial (M-1), General Industrial (M-2), Industrial Office (I-O), and West Mercado General areas; park, open space, and civic sites including Westside Park, the California Center for the Arts Escondido, Grape Day Park, and City Hall; public rights-of-way; flood control channels; and properties outside the City of Escondido’s jurisdictional boundaries; and WHEREAS, Government Code sections 65912.157(a)(1) and (2) require projects subject to Government Code Section 65912.157 to meet specified development standards related to minimum unit count, average unit floor space, and minimum density; and WHEREAS, Government Code Section 65912.157(a)(6) prohibits local governments from imposing a height limit less than 55 feet, maximum density of less than 80 units per acre, or residential floor area ratio of less than 2.5 for a housing development project further than one-quarter mile but within one-half mile of a Tier 2 TOD stop; and
WHEREAS, Government Code Section 65912.157(a)(5) prohibits local governments from imposing a height limit less than 65 feet, maximum density of less than 100 units per acre, or residential floor area ratio of less than 3.0 for a housing development project further than 200 feet but within one-quarter mile of a Tier 2 TOD stop; and
WHEREAS, Government Code sections 65912.156(a) and 65912.157(e) prohibit local governments from imposing a height limit less than 85 feet, maximum density of less than 140 units per acre, or residential floor area ratio of less than 4.0 for a housing development project within 200 feet of a Tier 2 TOD stop; and
WHEREAS, Government Code Section 65912.160 authorizes a local government to adopt an implementation ordinance to make its zoning code consistent with SB 79, including objective standards, 269
Item10.
conditions, and policies that do not physically preclude SB 79 development standards and further authorizes limited exemptions, where supported by findings with substantial evidence; and WHEREAS, portions of the TOD zones lack pedestrian infrastructure or right-of-way and require trespass or encroachment into the vehicular travel lane to traverse, rendering them inaccessible, unsafe, or unlawful for pedestrian travel; and
WHEREAS, Government Code Section 65912.160(e)(1) authorizes the City to identify areas within one-half mile of a qualifying TOD stop where substantial evidence establishes no walking path of less than one mile exists from that location to the TOD stop; and WHEREAS, the City conducted an in-depth assessment of the pedestrian network to identify, prioritize, and address deficiencies through the Comprehensive Active Transportation Strategy (CATS), including sidewalk gap analysis, and utilized that assessment, together with parcel-level review and other evidence in the administrative record, to support the walking path exemption determinations under Government Code Section 65912.160(e)(1). Utilizing this data, the City developed a TOD Overlay Zone Map to evaluate sites eligible for exemption under the law; and WHEREAS, the subject TOD Overlay Zone implements SB 79 while ensuring that “walking path” determinations consider whether a route is a continuous, safe, unobstructed, and accessible path of travel materially usable by all pedestrians, including wheelchair and other mobility assistance device users; whether it is the shortest practicable lawful public pedestrian route from the parcel to the TOD stop; whether any missing segments, unlawful crossings, or other barriers exist; and whether it avoids trespass on private property or encroachment into vehicular, bicycle, railroad, drainage, or unimproved areas; and WHEREAS, the City has independent obligations under the Americans with Disabilities Act (“ADA”) to ensure that pedestrian access to public services, including public transportation stops, is accessible to, 270
Item10.
usable by, and safe for all pedestrians, including people with disabilities, and may not treat a nonexistent, unlawful, or materially unusable route as a qualifying walking path;1 and WHEREAS, the City is obligated to use its planning, engineering, and regulatory authority to provide a street network that safely and efficiently accommodates all roadway users, including pedestrians, whether or not they use a mobility aid; and WHEREAS, the City has developed a methodology to identify sites for which no walking path of less than one mile exists from the site to the applicable qualifying TOD stop and, based on substantial evidence in the administrative record, has identified the sites shown in Exhibit “D.iii” – Exempt Parcel Inventory as not subject to Article 81 and Government Code Section 65912.157, pursuant to Government Code Section 65912.160(e)(1); and
WHEREAS, determinations of compliance with Government Code Section 65912.160(e)(1) shall be consistent with applicable accessibility requirements, including Caltrans Design Information Bulletin (DIB) 82-062that implements the 2010 ADA Standards for Accessible Design,3 and the federal Public Rightof-Way Accessibility Guidelines (“PROWAG”) 4 that establish requirements to ensure sidewalks,
crosswalks, and other pedestrian infrastructure is accessible to people with disabilities; and WHEREAS, in developing the definitions and objective methodology used to determine whether a walking path of less than one mile exists, the City relied on standardized, administrable definitions reflected in guidance from the California Department of Housing and Community Development (“HCD”) for other housing and sustainability programs, including the Multifamily Housing Program Round 3 Final

1 42 U.S.C. § 12132; 28 C.F.R. §§ 35.102(a), 35.150(a)(1), (b)(1); 49 C.F.R. § 37.9 2 Pedestrian Accessibility Guidelines for Highway Projects 3 28 C.F.R. § 35.151 and 36 C.F.R. part 1191, appendices B and D 4 Appendix to 36 C.F.R. part 1190
271
Item10.

Guidelines dated February 13, 2025 for “walkable route,”5 the Affordable Housing and Sustainable
Communities Round 10 Program Guidelines dated February 25, 2026 for “pedestrian access route” and “safe and accessible walkway,”6 and the Affordable Housing and High Road Jobs Act of 2022 Draft Guidelines dated May 5, 2026 for “sidewalk”;7 and
WHEREAS, as allowed by Government Code Section 65912.161(b)(1), this ordinance phases implementation of SB 79 on sites with locally designated historic resources identified in Exhibit “D.iv” – Phased Implementation Parcel Inventory until prior to one year following adoption of the seventh revision of the City’s General Plan Housing Element. According to HCD, the City’s seventh revision of the Housing Element is due on June 15, 2031; and
WHEREAS, phasing implementation for sites with locally designated historic resources allows the City to ensure development allowed under the law is consistent with existing historic resource regulations, such as the Mills Act; and
WHEREAS, on March 17, 2026, the Housing Subcommittee of the City Council received a briefing on SB 79 and affirmed staff’s approach to SB 79 implementation, including exempting areas with no walking path of less than one mile to the transit stop and protecting sites with locally designated historic resources; and
WHEREAS, on May 26, 2026, the Planning Commission received a briefing on SB 79 and affirmed staff’s approach; and

5 HCD Multifamily Housing Program Final Guidelines, Section 7301, Definitions, Feb. 13, 2025 6 SGC and HCD Affordable Housing and Sustainable Communities Program Round 10 Program Guidelines, Section 101, Definitions, Feb. 25, 2026
7 HCD Affordable Housing and High Road Jobs Act of 2022 Draft Guidelines, Section 102, Definitions, May 5, 2026
272
Item10.

WHEREAS, Government Code Section 65912.160(d)(3) directs HCD to review local implementation ordinances and provides HCD 90 to 120 days to determine compliance; and WHEREAS, nothing in this ordinance shall be construed to limit the City's authority, under SB 79, including Government Code Section 65912.161, to evaluate, adopt, or incorporate a local transit-oriented development alternative plan or other implementing regulations at a future date, consistent with state law; and
WHEREAS, on August 11, 2026, the Planning Commission held a duly noticed public hearing regarding the Zone Text Amendment and adopted Planning Commission Resolution No. 2026-07, recommending that the City Council adopt Ordinance No. 2026-15 as identified therein and reflected in Exhibit “B”; and
WHEREAS, in considering adoption of this ordinance, the City Council has considered all written and oral evidence presented, together with the entire administrative record.

SECTION 2: Proper notices of a public hearing in compliance with Government Code Section 65854 and Article 61, Division 6 of the Escondido Municipal Code have been given, and public hearings have been held before the Planning Commission and City Council on this issue.

SECTION 3. The City Council did on October 7, 2026, hold a duly noticed public hearing as prescribed by law. Evidence was submitted to be considered by the City Council, including, without limitation:
a) Written information including relevant sections of the Government Code and other written and graphical information;
b) Oral testimony from City staff, interested parties, and the public; 273
Item10.
c) The City Council staff report, dated October 7, 2026, along with its attachments, as well as City staff’s recommendation on the project, incorporated herein by this reference as though fully set forth herein; and
d) The Planning Commission’s recommendation.

SECTION 4. ENVIRONMENTAL REVIEW. The City Council hereby finds that adoption of Ordinance No. 2026-15 to implement SB 79 (Government Code sections 65912.155 through 65912.162, inclusive) is not a project for purposes of the California Environmental Quality Act (CEQA), Division 13, commencing with Section 21000, of the Public Resources Code, pursuant to Government Code Section 65912.160(c)(2), and therefore is not subject to CEQA review.

SECTION 5. Upon consideration of the Factors to be considered/Findings of Fact attached as Exhibit “A,” the City Council desires at this time and deems it to be in the best public interest to adopt the ordinance, as depicted in Exhibit “B,” together with the TOD Overlay Zone Map contained in Exhibit “C” and the related parcel inventories contained in Exhibit “D,” in furtherance of the policy generally described in the City Council staff report, dated October 7, 2026.

SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 7. As of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
274
Item10.

SECTION 8. The City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Escondido.

SECTION 9. The City Clerk is hereby directed to update the Escondido Zoning Code to reflect the amendment approved by this Ordinance as shown in Exhibit “B.” SECTION 10. This Ordinance shall become effective 30 days from the date of passage. 275
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 1 of 12 ends

EXHIBIT “A”
PLANNING CASE NO. PL26-0140

FACTORS TO BE CONSIDERED / FINDINGS OF FACT
Environmental Determinations

1. For purposes of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”), and the CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq., the City of Escondido is the public agency with principal responsibility for considering and approving the Ordinance.

2. The Ordinance is not a “project” for purposes of CEQA. Government Code Section 65912.160(c)(2) expressly provides that an ordinance enacted pursuant to Government Code Section 65912.160(c)(1) shall not be considered a project under Division 13, commencing with Section 21000, of the Public Resources Code. The Ordinance is adopted pursuant to that authority and establishes local implementation procedures, objective standards, map and parcel inventory procedures, walking path criteria, public improvement provisions, exemptions, and phased implementation provisions for purposes of implementing Government Code sections 65912.155 through 65912.162, inclusive.

3. The Ordinance does not approve, authorize, or commit the City to approve any specific housing development project, physical improvement, public work, private development, funding action, or construction activity. Future applications under Article 81 will be reviewed pursuant to applicable state law, the Escondido Municipal Code, and the objective standards adopted by the Ordinance. The Ordinance therefore constitutes an organizational, administrative, and regulatory action of government that does not itself result in a direct or reasonably foreseeable indirect physical change in the environment.

4. No further environmental review is required for adoption of the Ordinance. The decisionmakers have independently reviewed and considered the entire administrative record, staff report, attachments, technical materials, maps, parcel inventories, applicable state law, any written comments, any oral testimony, and all other evidence presented in connection with the Ordinance, and find that the foregoing environmental determinations are supported by the record.
276
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 2 of 12 ends

Zoning Code Amendment Determinations (Escondido Zoning Code Section 33- 1263)

1. That the public health, safety, and welfare will not be adversely affected by the proposed change.

The Ordinance will not adversely affect the public health, safety, or welfare. It implements Government Code sections 65912.155 through 65912.162, inclusive, in a clear, objective, and administrable manner while preserving applicable elements of the City’s underlying zoning, specific plans, adopted engineering standards, accessibility requirements, and generally applicable development regulations except where state law or Article 81 expressly controls.

The Ordinance promotes the public health, safety, and welfare by identifying where SB 79 applies, where state law authorizes exemptions or temporary exclusions, what development standards apply, and how applications will be reviewed. It further promotes safe and accessible pedestrian access by requiring appropriate frontage improvements and by ensuring that walking path determinations are based on actual, lawful, public, continuous, and materially usable pedestrian routes from an affected site to a qualifying transit-oriented development (TOD) stop.

2. That the property involved is suitable for the uses permitted by the proposed Zoning Code amendment.

The Ordinance is a legislative Zoning Code amendment and overlay zone implementation ordinance. It does not approve a project-specific site plan, subdivision, building permit, or discretionary development entitlement. Article 81 applies only to qualifying sites within the applicable TOD geography that are zoned for residential, mixed, or commercial development and are not otherwise excluded, exempted, or subject to temporary exclusion under state law and Article 81.

The Ordinance does not extend SB 79 to industrially zoned land, public rights-of-way, civic or park sites, property outside the City’s jurisdiction, and other sites not subject to Government Code sections 65912.155 through 65912.162, inclusive. For parcels within the applicable one-half-mile radius that lack a walking path of less than one mile, Article 81 provides that the parcel is not subject to the overlay unless and until eligibility is established through the development agreement pathway. This ensures that suitability is determined based on actual legal and physical pedestrian access, not straight line proximity alone.
277
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 3 of 12 ends

3. That the proposed Zoning Code amendment will not be detrimental to surrounding properties.

The Ordinance will not be detrimental to surrounding properties. Article 81 does not create an unlimited development entitlement; it implements the height, density, residential floor area ratio (FAR), and review standards required by Government Code Section 65912.157 only for qualifying transit-oriented housing developments on eligible sites. The applicable underlying zone, specific plan, and generally applicable objective standards remain in effect except where state law or Article 81 controls.

The Ordinance reduces uncertainty and potential adverse effects by establishing objective application procedures, eligibility documentation requirements, map maintenance procedures, frontage improvement standards, infrastructure standards, walking path criteria, and a development agreement process where off-frontage pedestrian improvements are necessary to establish eligibility. These provisions provide a predictable framework for addressing pedestrian access, frontage conditions, infrastructure needs, dedications, easements, timing, funding, security, and acceptance without relying on subjective or discretionary compatibility standards that could conflict with state law.

4. That the proposed Zoning Code amendment is consistent with the adopted General Plan.

The Ordinance is consistent with the City’s adopted General Plan, including Community Character Policies 1.3 and 1.9, Land Use Zoning Policies 2.2 and 2.4, Specific Planning Area Policy 11.6(g), Water System Policy 12.5, Wastewater Policies 13.3 and 13.5, Storm Drainage Policy 14.5, Complete Streets Policies 2.1 and 2.3, Street Network Policy 7.7, and Transit System Policies 5.7 and 5.8. The General Plan supports a balanced land use pattern, infill development, housing opportunities, multimodal access, public infrastructure planning, pedestrian safety, transit access, and a more sustainable and connected urban form. The Ordinance advances those purposes by implementing state law for qualifying transit-oriented housing developments near qualifying TOD stops while preserving the City’s ability to apply objective local standards that do not physically preclude the development standards required by Government Code Section 65912.157.

The Ordinance supports land use and community form objectives by directing SB 79 implementation to qualifying residential, mixed-use, and commercial sites near transit. It supports mobility and infrastructure objectives by requiring lawful and accessible walking path improvements and by distinguishing between sites with qualifying pedestrian access and sites that lack a qualifying walking path. It supports housing objectives by allowing qualifying transit-oriented housing development where SB 79 applies. 278
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 4 of 12 ends

5. That the proposed Zoning Code amendment does not establish a residential density below seventy percent of the maximum permitted density of any parcel previously zoned R-3, R-4, or R-5.

The Ordinance does not establish a residential density below seventy percent of the maximum permitted density of any parcel previously zoned R-3, R-4, or R-5. It does not downzone any parcel, reduce any existing residential density, or establish a replacement base zoning classification. Instead, it creates a TOD Overlay Zone that implements the minimum height, density, and residential FAR standards required by Government Code Section 65912.157 for qualifying transit-oriented housing developments.

6. That the relationship of the proposed Zoning Code amendment to specific plans is appropriate.

The relationship of the Ordinance to applicable specific plans is appropriate. Article 81 is designed to operate together with the underlying zone and any applicable specific plan.

Specific plan provisions, development standards, design standards, and procedures remain in effect except where superseded by Government Code sections 65912.155 through 65912.162, inclusive, or Article 81.

This structure maintains the continued relevance of adopted specific plans while recognizing that state law requires qualifying transit-oriented housing developments to be allowed and reviewed under the standards established by SB 79. Where a specific plan standard conflicts with state law or physically precludes the height, density, residential FAR, or other development standards required by Government Code Section 65912.157, Article 81 provides a clear rule for resolving the conflict. Where no conflict exists, the specific plan continues to apply.

SB 79 Ordinance-Specific Determinations

1. The Ordinance is authorized by Government Code sections 65912.160 and 65912.161 and implements Government Code sections 65912.155 through 65912.162, inclusive.

Government Code Section 65912.160 authorizes a local government to enact an ordinance to make its zoning code consistent with Government Code sections 65912.155 through 65912.162, inclusive. Such an ordinance may include objective development standards, conditions, and policies applying to transit-oriented housing developments where those standards, conditions, and policies are demonstrated by a preponderance of the evidence not to physically preclude, alone or in combination, the applicable housing development standards established by Government Code Section 65912.157.

Article 81 is adopted pursuant to that authority and is structured to avoid physical preclusion of the housing development standards established by Government Code Section 65912.157. Article 81 applies the state-required height, density, and residential 279
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 5 of 12 ends

FAR standards to qualifying transit-oriented housing developments; provides that objective local standards apply only to the extent they do not physically preclude those state law development standards; and limits local implementation requirements to objective, administrable standards, conditions, procedures, and project-serving public improvements.

Government Code Section 65912.160 also authorizes a local government to identify areas within one-half mile of a TOD stop where the local government finds, supported by substantial evidence, that no walking path of less than one mile exists. Government Code Section 65912.161 authorizes phased implementation for certain sites, including sites containing historic resources designated as of January 1, 2025, to the extent and for the period allowed by state law.

The Ordinance establishes Article 81 of Chapter 33 of the Escondido Municipal Code to identify sites subject to and not subject to Article 81, recognize statutory exemptions, phase implementation where authorized, maintain the TOD Overlay Zone Map and related parcel inventories, and provide a local administrative framework for processing qualifying transit-oriented housing developments.

2. The Ordinance applies SB 79 where SB 79 applies and preserves only those local implementation tools authorized by state law.

Article 81 applies Government Code sections 65912.155 through 65912.162, inclusive, to qualifying transit-oriented housing developments on sites subject to those provisions.

Article 81 does not apply to sites outside the scope of SB 79, sites excluded by state law, sites exempted pursuant to Government Code Section 65912.160, or sites subject to phased implementation pursuant to Government Code Section 65912.161.

Based on substantial evidence in the administrative record, the parcels identified on the TOD Overlay Zone Map and related exempt parcel inventory as lacking a walking path of less than one mile to a qualifying TOD stop are not subject to Article 81 unless and until a qualifying walking path, as defined and regulated by Article 81, exists or is established through required frontage improvements or the development agreement pathway established by Article 81.

The substantial evidence supporting this finding includes, without limitation, the City’s Comprehensive Active Transportation Strategy (CATS) and associated sidewalk and crosswalk gaps data, geographic information systems (GIS) mapping, parcel analysis, zoning analysis, right-of-way information, aerial imagery, street view imagery, transit stop and pedestrian access point data, field verification, photographs, sidewalk and crossing condition information, staff analysis, technical exhibits, staff reports, public hearing materials, and all other evidence in the administrative record. 280
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 6 of 12 ends

Following adoption, the Director of Development Services, or designee, shall administer Article 81 and make parcel-, site-, project-, walking-path-, and application-specific determinations in accordance with the Ordinance, the TOD Overlay Zone Map, related parcel inventories, applicable state law, adopted City standards, and the administrative record. The Development Services Director, or designee, may determine that a parcel is subject to Article 81 where a qualifying walking path exists, where such a path will be completed through required frontage improvements, or where such a path is established through a recorded development agreement approved pursuant to Article 58. Any corresponding map or inventory update shall be processed as a ministerial administrative update authorized by Article 81.

3. The Ordinance correctly implements the Tier 2 development standards applicable to qualifying transit-oriented housing developments in Escondido.

Based on the best available information in the administrative record, including state law, HCD advisory materials, data and mapping provided by the San Diego Association of Governments (SANDAG), transit stop characteristics, and the City’s own mapping and GIS analysis, the two qualifying TOD stops in the city are considered Tier 2 stops. Article 81 implements the Tier 2 development standards established by Government Code Section 65912.157 by applying the required minimum height, density, and residential FAR standards within the applicable distance bands.

For qualifying transit-oriented housing developments within 200 feet of a Tier 2 stop, Article 81 provides that the City shall not impose a height limit less than 85 feet, a maximum density less than 140 dwelling units per acre, or a residential FAR less than

4.0, to the extent required by state law. For qualifying transit-oriented housing developments further than 200 feet but within one-quarter mile of a Tier 2 stop, Article 81 applies the 65-foot, 100-dwelling-unit-per-acre, and 3.0 residential FAR standards. For qualifying transit-oriented housing developments further than one-quarter mile but within one-half mile of a Tier 2 stop, Article 81 applies the 55-foot, 80-dwelling-unit-per-acre, and 2.5 residential FAR standards.

4. The TOD Overlay Zone Map and related parcel inventories are appropriate implementation tools.

The TOD Overlay Zone Map and related parcel inventories are appropriate, objective, and administrable tools for implementing SB 79. The map and inventories identify qualifying TOD stops, applicable distance bands, sites subject to Article 81 (qualifying), sites not subject to Article 81 (excluded), sites that are exempt by the walking path criteria but may become eligible through a development agreement, and sites subject to phased implementation.
281
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 7 of 12 ends

The TOD Overlay Zone Map is informed by SANDAG’s SB 79 regional mapping products prepared pursuant to Government Code Section 65912.160(f), including the Draft SB 79 Transit-Oriented Development Map and any final, updated, corrected, replacement, or successor mapping products considered by the City, together with the City’s parcel-level analysis, zoning data, pedestrian network information, walking path methodology, field verification, and other evidence in the administrative record. This approach is appropriate because SANDAG’s regional mapping products identify qualifying TOD stops and TOD zones, while parcel-level eligibility, statutory exemptions, phased implementation, development agreement-based eligibility, and project-level application of Article 81 remain matters for the City to determine in accordance with SB 79, Article 81, the TOD Overlay Zone Map, related parcel inventories, and the administrative record.

Article 81 also provides for ministerial, nondiscretionary map and inventory updates to reflect changes to applicable SANDAG regional mapping products, clerical corrections, parcel changes, City determinations, development agreements, completed improvements, expiration or termination of eligibility, and expiration of phased implementation.

5. The objective local standards, conditions, and policies established by Article 81 are demonstrated by a preponderance of the evidence not to physically preclude, alone or in combination, the housing development standards established by Government Code Section 65912.157.

Based on a preponderance of the evidence in the administrative record, the objective local standards, conditions, and policies established by Article 81 do not physically preclude, alone or in combination, the height, density, residential FAR, or other development standards authorized by Government Code Section 65912.157 for qualifying transit-oriented housing developments on sites subject to Article 81.

Article 81 expressly provides that objective local standards apply only to the extent they do not physically preclude the development standards authorized by Government Code Section 65912.157. It does not impose subjective design review, compatibility findings, discretionary density controls, discretionary height reductions, or open-ended standards that could be used to deny or reduce a qualifying transit-oriented housing development.

The public improvement standards in Article 81 are limited, objective, and tied to the development’s frontage, adopted City standards, applicable accessibility requirements, and public facilities necessary to serve the project. Required frontage improvements are ordinary project-serving improvements of the type commonly required to complete frontage conditions and connect a project to existing public infrastructure.

Further, the walking path exemption authorized by Government Code section 65912.160 is a separate statutory basis for determining that certain parcels are not subject to Article 282
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 8 of 12 ends

81 where no walking path of less than one mile exists, as supported by substantial evidence in the administrative record. Article 81 preserves this distinction by including a frontage segment exception, which ensures that a site is not treated as lacking a qualifying walking path solely because a frontage improvement is missing or incomplete where the project is required to complete that frontage improvement and completion would connect the site to an otherwise qualifying walking path.

6. The walking path exemption established by Article 81 is authorized by state law, supported by substantial evidence, and based on objective criteria.

Government Code Section 65912.160 authorizes a local government to identify areas within one-half mile of a TOD stop where the local government finds, supported by substantial evidence, that no walking path of less than one mile exists. Article 81 implements that authority by defining a walking path as a lawful, public pedestrian route of less than one mile to the pedestrian access point of the applicable qualifying TOD stop, as determined under the objective standards in Article 81.

Based on substantial evidence in the administrative record, the parcels and areas identified on the TOD Overlay Zone Map and related exempt parcel inventories as lacking a walking path of less than one mile are not subject to Article 81 unless and until a qualifying walking path exists or is established in accordance with Article 81. The substantial evidence supporting this finding includes, without limitation, CATS data and associated sidewalk and crosswalk gaps data, GIS mapping, parcel and zoning analysis, right-of-way information, aerial and street view imagery, transit stop and pedestrian access point data, field verification, photographs, sidewalk and crossing condition information, staff analysis, technical exhibits, staff reports, public hearing materials, and all other evidence in the administrative record.

Article 81 determines whether a lawful, public, continuous pedestrian route exists. A qualifying walking path must be composed of pedestrian facilities lawfully available for public pedestrian travel, including sidewalks, pedestrian paths, shared-use paths, lawful crossings, curb ramps, blended transitions, or equivalent facilities where applicable.

Routes that require trespass, passage through private property without a recorded public pedestrian access easement, drainage facilities, unimproved roadway edges or shoulders, railroad areas, vehicular travel lanes, or other areas that are nonpublic or not lawfully open and improved for public pedestrian travel do not constitute walking paths for purposes of Article 81.

This interpretation is consistent with the statutory term “walking path,” the pedestrian access purpose of Government Code Section 65912.160, and the City’s responsibility to administer SB 79 using objective, lawful, accessible, and administrable criteria. Article 81 applies objective pedestrian facility, legal access, and applicable accessibility criteria, including applicable ADA requirements, Public Right-of-Way Accessibility Guidelines, 283
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 9 of 12 ends

Caltrans pedestrian accessibility standards and guidance, and adopted City standards, to determine whether a qualifying public pedestrian route exists. Article 81 does not evaluate subjective walking path quality, comfort, convenience, aesthetics, or neighborhood compatibility.

7. Additional substantial evidence supports the walking path exemption for sidewalkdeficient areas, including the Westside Hillside neighborhood area.

The substantial evidence supporting the walking path exemption includes, but is not limited to, area-specific evidence for neighborhoods in the TOD zone, such as the Westside Hillside neighborhood, where many exempt parcels are located. The City’s Comprehensive Active Transportation Strategy (CATS) Sidewalk Gaps GIS layer identifies this area as one of the most sidewalk-deficient areas in the city, with substantial pedestrian network constraints and barriers. Substantial evidence supports the determination that many parcels in this area are within the statutory straight line TOD geography but lack the continuous, lawful, accessible, and public pedestrian facilities necessary to constitute a qualifying walking path of less than one mile to the applicable qualifying TOD stop under Article 81.

The exemption determinations are based on objective facility and access criteria. In applying those criteria, the City considered whether routes contain missing sidewalk segments or require travel along unimproved roadway shoulders or edges, vehicular or bicycle lanes, drainage facilities, railroad areas, private property without public pedestrian access rights, or other areas not lawfully open and improved for public pedestrian travel.

Such conditions support the determination that a qualifying walking path does not exist where continuous, accessible pedestrian facilities are absent.

This evidence supplements, and does not limit, the broader administrative record supporting the TOD Overlay Zone Map and related exempt parcel inventories. Parcel-, site-, route-, and project-specific determinations under Article 81 may rely on additional objective evidence, including updated maps, applicant materials, staff review, photographs, right-of-way information, completed improvements, recorded access rights, development agreements, and other evidence relevant to whether a qualifying walking path exists or has been established.

8. The development agreement pathway for sites lacking a qualifying walking path is lawful, appropriate, and consistent with Escondido Municipal Code Article 58.

Article 81 establishes a development agreement pathway for sites that are not subject to Article 81 solely because no qualifying walking path exists. This allows an applicant to establish eligibility by entering into a recorded, enforceable development agreement that secures the design, funding, construction, completion in accordance with applicable 284
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 10 of 12 ends

standards, acceptance if required, and opening of the qualifying walking path for public pedestrian use.

The development agreement option does not apply to parcels already subject to Article

81. It applies only where a site is otherwise exempt because no walking path of less than one mile exists, and provides a voluntary mechanism for the property owner or applicant to establish eligibility for SB 79 processing by securing the improvements necessary to create such a path.

The development agreement pathway is consistent with Escondido Municipal Code Article 58 and Government Code sections 65864 through 65869.5. It requires City Council approval, recordation against the property, identification of required improvements and access rights, financial security or other lawful assurances for required improvements, enforceable remedies for default, timing and phasing provisions, map and inventory update provisions, and a fixed term tied to creation of the qualifying walking path. The development agreement terminates upon completion, acceptance if required, and opening of the qualifying walking path for public pedestrian use, or upon expiration of the fixed term if the required improvements are not completed.

9. The phased implementation provisions for designated historic resources are authorized and appropriate.

Government Code Section 65912.161 authorizes phased implementation for certain sites, including sites containing historic resources designated as of January 1, 2025, to the extent and for the period allowed by state law. Article 81 implements that authority by providing that it shall not become operative on parcels identified on the TOD Overlay Zone Map as containing such designated historic resources during the authorized phased implementation period.

The phased implementation provisions allow the City to coordinate SB 79 implementation with existing historic resource regulations, including local historic resource protections, Mills Act contracts, and other applicable requirements, while preserving consistency with state law. During the authorized phase period, affected parcels remain governed by the underlying zone, applicable specific plan, and other generally applicable law. The provisions are limited to the sites and time period authorized by state law and do not create a broader or permanent exemption from SB 79.

10. The Ordinance preserves ministerial review where required by state law.

Article 81 preserves the review pathways required by Government Code Section 65912.159. A project that qualifies for and seeks streamlined ministerial approval shall be processed in accordance with Government Code Section 65913.4. A project proposed pursuant to Government Code Section 65912.157 that is not seeking streamlined approval under Government Code Section 65913.4 shall be reviewed through the City’s 285
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 11 of 12 ends

otherwise applicable development review process, subject to Government Code Section 65589.5 and other applicable state law, except that any conflicting local zoning standard shall not apply.

This structure preserves ministerial review where applicable, avoids subjective approval findings, and ensures that conflicting local zoning standards do not reduce or physically preclude the development standards required by Government Code Section 65912.157.

11. The Ordinance provides an administrable and transparent record for California Department of Housing and Community Development (HCD) review.

Government Code Section 65912.160 provides for HCD review of enacted local implementation ordinances for substantial compliance. The Ordinance is structured to support that review by identifying its statutory authority, applicable and inapplicable sites, distance bands, objective standards, walking path criteria, exemptions, phased implementation, a development agreement mechanism for establishing walking path eligibility, application review procedures, recordkeeping requirements, and map maintenance procedures.

Article 81 requires records sufficient to support consistent administration and substantial evidence review, including applicant materials, maps, measurements, photographs, field documentation, technical studies, staff determinations, and development agreements.

The Ordinance is structured to substantially comply with Government Code sections 65912.155 through 65912.162, inclusive, because it applies the state law standards where SB 79 applies, limits local standards to objective standards that do not physically preclude required development standards, exempts only areas supported by substantial evidence that no walking path of less than one mile exists, phases implementation only where authorized by state law, preserves state-required review pathways, and provides an enforceable development agreement mechanism for otherwise exempt parcels to become eligible where a qualifying walking path is created.

12. The Ordinance is internally consistent, severable, and in the best interests of the City.

The Ordinance is internally consistent because Article 81 preserves the underlying zone, applicable specific plans, adopted City standards, accessibility requirements, and generally applicable law except where state law or Article 81 controls. It provides rules for resolving conflicts between local standards and Government Code Section 65912.157, and includes map maintenance and administrative update procedures to maintain accuracy over time.

The Ordinance contains severability provisions. If any section, subsection, sentence, clause, phrase, or portion of the Ordinance or Article 81 is held invalid or unconstitutional, 286
Item10.

Ordinance No. 2026-15
Exhibit “A”

Page 12 of 12 ends

the remaining portions are intended to remain valid and enforceable to the fullest extent allowed by law.

Adoption of the Ordinance is in the best interests of the City. SB 79 applies by operation of state law regardless of whether the City adopts a local implementation ordinance. The Ordinance provides a locally tailored, objective, transparent, and legally supported framework for implementation within Escondido. It identifies applicable sites, preserves the City’s ability to apply objective standards that do not physically preclude state law development standards, establishes a defensible walking path methodology, provides an enforceable development agreement mechanism for otherwise exempt parcels to become eligible where a qualifying walking path is created, phases implementation for designated historic resources where authorized, and supports HCD review.

The Ordinance promotes the public health, safety, and welfare by implementing state housing law while ensuring that transit-oriented development is administered in relation to lawful and accessible pedestrian access to qualifying TOD stops. The Ordinance therefore advances state housing objectives, preserves local implementation tools authorized by state law, and provides a clear framework for staff, applicants, decisionmakers, property owners, and the public.
287
Item10.

Ordinance No. 2026-15
Exhibit “B”

Page 1 of 14 ends

EXHIBIT “B”
PLANNING CASE NO. PL26-0140

ZONING CODE AMENDMENTS
Article 81 (Transit-Oriented Development Overlay Zone) is hereby added to Chapter 33 (Zoning) of the Escondido Municipal Code as follows:

ARTICLE 81

TRANSIT-ORIENTED DEVELOPMENT OVERLAY ZONE
§ 33-1670. Purpose and intent.
(a) This article implements Government Code Division 1, Title 7, Chapter 4.1.5, commencing with Section 65912.155, within the City of Escondido. (b) This article establishes the Transit-Oriented Development Overlay Zone, objective local standards, map procedures, walking path criteria, public improvement requirements, phased implementation procedures, and a development agreement pathway for qualifying transit-oriented housing developments.
(c) This article identifies sites subject to this article, sites excluded from this article, exempt sites that lack a qualifying walking path and may become eligible through a development agreement, and sites subject to phased implementation. § 33-1671. Definitions.

For purposes of this article, the following terms shall have the meanings set forth below.

Terms not defined in this article shall have the meanings set forth in Section 33-8 and Government Code sections 65912.155 through 65912.162, inclusive. (a) “Applicable accessibility requirements” means applicable state and federal accessibility requirements governing pedestrian facilities in the public right-ofway and accessible pedestrian paths of travel, including applicable Public Right-of-Way Accessibility Guidelines, Caltrans pedestrian accessibility standards, and adopted City standards.
(b) “Parcel” means a unit of real property identified by an assessor’s parcel number, recorded parcel or lot, or other City-recognized parcel identifier. (c) “Pedestrian access point” means the General Transit Feed Specification (GTFS) data point of the applicable qualifying transit-oriented development stop utilized by the San Diego Association of Governments to develop the regional transit-oriented development map, or as otherwise identified on the TOD Overlay Zone Map.
288
Item10.

Ordinance No. 2026-15
Exhibit “B”

Page 2 of 14 ends

(d) “Qualifying transit-oriented development stop” means a transit stop that qualifies for application of Government Code sections 65912.155 through 65912.162, inclusive, and this article.
(e) “Qualifying transit-oriented housing development” means a housing development project that qualifies for application of Government Code sections 65912.155 through 65912.162, inclusive, and this article. (f) “Site” means the parcel or parcels included in a proposed housing development project or other determination under this article. (g) “TOD Overlay Zone Map” means the Transit-Oriented Development Overlay Zone map and related parcel inventories identifying qualifying transit-oriented development stops, distance bands, sites subject to this article, sites excluded from this article, exempt sites that lack a qualifying path that may become eligible through a development agreement, and sites subject to phased implementation.
(h) “Walking path” means a lawful, public pedestrian route of less than one mile from a parcel or site to the pedestrian access point of a qualifying transitoriented development stop that satisfies Section 33-1676(b). § 33-1672. TOD Overlay Zone Map.
(a) The Transit-Oriented Development Overlay Zone shall be designated on the official zoning map of the City by incorporating the perimeter lines shown on Figure 33-1672.1 and Figure 33-1672.2, describing the boundaries of the overlay area onto the map itself.
(b) The TOD Overlay Zone Map shall identify:
(1) Qualifying transit-oriented development stops;
(2) Applicable distance bands of 200 feet, 0.25 miles, and 0.5 miles; (3) Sites subject to this article pursuant to Section 33-1673(a); (4) Sites excluded from this article pursuant to Section 33-1673(b); (5) Exempt sites lacking a qualifying walking path that may become eligible through a development agreement pursuant to Section 33-1676; and (6) Sites subject to phased implementation under Section 33-1677. 289
Item10.

Ordinance No. 2026-15
Exhibit “B”

Page 3 of 14 ends

Figure 33-1672.1
290
Item10.

Ordinance No. 2026-15
Exhibit “B”

Page 4 of 14 ends

Figure 33-1672.2
291
Item10.

Ordinance No. 2026-15
Exhibit “B”

Page 5 of 14 ends

§ 33-1673. Applicability and site eligibility.
(a) Sites subject to this article. A parcel or site is subject to this article only if all of the following are satisfied:
(1) The parcel or site is located within the Transit-Oriented Development Overlay Zone within one-half mile of a qualifying transit-oriented development stop.
(2) The parcel or site is zoned for residential, mixed, or commercial development.
(3) The parcel or site is not excluded from Government Code sections 65912.155 through 65912.162, inclusive, by state law, including any statutory exclusion, exemption, or limitation applicable to the site or proposed project.
(4) The parcel or site is identified on the TOD Overlay Zone Map and on the related parcel inventory identifying sites subject to this article, or is otherwise determined by the Development Services Director, or designee, to satisfy the walking path requirement of this article, unless eligibility is established pursuant to Section 33-1676.
(5) The parcel or site is not subject to phased implementation under Section 33-1677, or the applicable phased implementation period has expired. (6) The proposed housing development project satisfies applicable requirements of this article and other applicable law.
(b) Sites excluded from this article. A parcel, site, or proposed housing development project is not subject to this article if one or more applicable requirements in subsection (a) is not satisfied. A parcel or site that is not subject solely because no qualifying walking path exists may become eligible through compliance with Section 33-1676.
(c) Eligibility documentation. An applicant seeking processing under this article shall submit documentation, in a form approved by the Development Services Director, or designee, sufficient to determine:
(1) Parcel identification;
(2) Ownership;
(3) Applicant information;
(4) Zoning;
(5) TOD Overlay Zone Map location;
(6) Applicable distance band;
(7) Phased implementation status;
(8) Walking path route, length, and accessible pedestrian path of travel documentation;
(9) Route conditions;
292
Item10.

Ordinance No. 2026-15
Exhibit “B”

Page 6 of 14 ends

(10)Supporting photographs or field documentation;
(11)Compliance with Section 33-1673(a) and the project qualification standards in Section 33-1675(b); and
(12)Any other objective information reasonably necessary to determine eligibility.
(d) City determination.
(1) The Development Services Director, or designee, shall determine whether a parcel, site, or proposed housing development project is subject to this article.
(2) The determination shall be based on:
(A) The TOD Overlay Zone Map;
(B) Related parcel inventories;
(C) Applicant documentation;
(D) City records;
(E) Adopted City standards;
(F) Applicable accessibility requirements; and
(G) Other objective evidence.
§ 33-1674. Allowed use and permit administration.
(a) A qualifying transit-oriented housing development shall be an allowed use on any site subject to this article to the extent required by Government Code Section 65912.157.
(b) A qualifying transit-oriented housing development shall be processed in accordance with Government Code Section 65912.159 and this article. (c) If the Development Services Director, or designee, determines that a project qualifies for streamlined ministerial approval under Government Code Section 65912.159(a), the project shall be processed ministerially in accordance with Government Code Section 65913.4.
(d) If the Development Services Director, or designee, determines that a project qualifies under this article and is proposed pursuant to Government Code Section 65912.157, but is not seeking streamlined approval under Government Code Section 65913.4, the project shall be reviewed pursuant to the City’s development review process, Government Code Section 65589.5, and other applicable state law, except that any local zoning standard conflicting with Government Code sections 65912.155 through 65912.162, inclusive, or this article shall not apply.
(e) The Development Services Director, or designee, shall be the City’s reviewing authority for determinations under this article, including site eligibility, walking 293
Item10.

Ordinance No. 2026-15
Exhibit “B”

Page 7 of 14 ends

Escondido City CouncilOctober 7, 2026

Escondido City Council
October 7, 2026