ATTACHMENT 1

Agenda Item No.: G.1

Date: September 8, 2020

PROJECT NUMBER / NAME: PL 20-0447 / Carvana

REQUEST: Master and Precise Development Plan and Conditional Use Permit for the
development of a proposed Carvana Fulfillment Center / Vending Machine auto dealership. The
project consists of an approximately 5,800 SF, eight-(8) tier glass and steel tower structure up to
75 feet in height. A Zone Change from Light Industrial (M-2) zoning to Planned Development-
Industrial (PD-I) zoning is requested to implement the Planned Development. A proposed
Specific Alignment Plan to modify the design of the street frontage and intersection of Hale
Avenue and Tulip Street to include dual southbound left-turn lanes. The improvements would add
turn lane capacity to the southbound leg of the intersection without removing existing southbound
through lanes, therefore providing additional storage space for southbound left-turning vehicles.
The proposed class II bike lane would be modified/eliminated across the project frontage. The
proposal also includes the adoption of the environmental determination prepared for the project.

LOCATION: 559 N. Hale Avenue APPLICANT: Carvana

APN / APNS: 232-061-25-00 PRIMARY REPRESENTATIVE: Jo Ryan -

Carvana
GENERAL PLAN / ZONING: General
Industrial (GI) / M-2 General Industrial
zone

DISCRETIONARY ACTIONS REQUESTED: Master and Precise Development Plan, Conditional

Use Permit, Zone Change and Specific Alignment Plan

PREVIOUS ACTIONS: None

PROJECT PLANNER: Jay Paul, Senior Planner, jpaul@escondido.org

CEQA RECOMMENDATION: Exemption - Class 32 CEQA Guidelines Section 15332 “Infill

Development Projects”

STAFF RECOMMENDATION: Recommend City Council approval

REQUESTED ACTION: Approve Planning Commission Resolution No. 2020-09

CITY COUNCIL HEARING REQUIRED: ☒ YES ☐ NO

REPORT APPROVALS: ☒ Mike Strong, Community Development Director

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A. BACKGROUND:

The proposed 1.85-acre project site, located at 559 N. Hale Avenue, previously was occupied by
the Talone Meats/North County Packing Company. The building was destroyed by a fire in 2016
and the remaining portions subsequently demolished, but the foundation still remains. The
property generally is flat with no significant topographical features. The site is triangle in shape
and located adjacent to Interstate 15 and bridge on the west. The freeway lanes are located
approximately 20+ feet higher than the project site. The North County Transit District “NCTD”
Sprinter Line and inland bike path are located along the eastern boundary of the site. The
property fronts onto Hale Avenue on the south. Surrounding land uses include equipment rental
and light/heavy industrial to the north and east, and light industrial/commercial to the south.

The proposed project includes the construction of a 5,800 SF, eight-tier, 75-foot tall glass tower
vending machine type structure for the sale of vehicles to the public. Purchasing a vehicle from
Carvana is done on-line through their national inventory of 20,000+ vehicles. The Vending
Machine tower is a vertical glass and steel parking and exhibition structure that utilizes an
automated storage and retrieval system to move vehicles in and out of the tower. The tower
allows vehicles to be stacked temporarily (4 vehicles per tier) in a vertical configuration until they
are retrieved for the customer. Only cars that were sold online are loaded into the Vending
Machine tower. The Carvana Vending Machine operation differs significantly from traditional car
dealership models, that typically require larger surface parking areas to store and display new
and used vehicles inventory. Vehicles are picked up from Carvana by appointment only, or can
be delivered directly to the customer. The facility does not provide parts or services on site, fuel
pumps or sales representatives.

Carvana currently operates 24 Vending Machines in 14 states, with two located in California. This
would be the first of this type of this facility within the San Diego region. The business generally
employs approximately 10 to 12 Customer Advocates with duties ranging from scheduling pick-
up appointments, assisting in the off-loading of vehicles from the delivery trucks, loading vehicles
into the vending machine, and finalizing paperwork with customers. The facility also provides a
wash bay area and vehicle prep. Carvana anticipates two to three truck deliveries each day via
a nine-car hauler truck. Carvana owns and operates their own fleet of delivery vehicles. The off
loaded vehicles are staged in the parking lot until finally loaded into the tower. Typical hours of
operation are daily from 9:00 a.m. to 7:00 p.m., by appointment only.

The proposed Planned Development includes Specific Alignment Plan (SPA) for a modification
to the design requirements for Hale Avenue that includes a nine-(9) foot dedication of right-of-way
to accommodate the necessary roadway and intersection improvements at Hale Avenue/Tulip
Street to support the project and traffic along this section of Hale Avenue. Project plans are
attached to draft Planning Commission Resolution No. 2020-09 as Exhibit “D.”

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A. PROJECT ANALYSIS:

1. General Plan / Zoning

The City’s General Plan land-use designation for the project site is General Industrial (GI) with an
underlying zoning designation of General Industrial (M-2). Car dealerships (“auto sales”) are
allowed within the M-2 zoning district subject to the issuance of a Conditional Use Permit. The
General Plan’s General Industrial land-use designation limits building heights to two stories, but
does not define the ultimate height of buildings or stories. The underlying M-2 Zone does not
restrict building height, and overall height is subject to conformance with the California Building
Code. The City does not interpret the tower structures with its tiers of open vehicles lifts as
traditional stories/floors. Therefore, the proposed eight-tiered structure would be in conformance
with all of the aforementioned height requirements. The change of zone from M-2 to Planned
Development-Industrial (PD-I) would be in conformance with the General Industrial land-use
designation, and the Planned Development Zoning (Article 19 of the Escondido Zoning Code)
allows for a more flexible regulatory procedure by which the basic public purposes of the
Escondido general plan and development policies may be accomplished for specific parcels. The
property also is located within the Downtown Transit Station Target Area (characterized as Target
Area “a” in the “Land Use and Community Form” section of the General Plan). The Target Area
Guiding Principles is to consider opportunities and incentives for increasing employment densities
and attracting businesses with salaries that raise the city’s median income and improving the
jobs/housing balance. Cavana anticipates first year sales of approximately 25+ million.

2. Design

The project consists of an approximately 5,800 SF, eight-(8) tier contemporary designed glass
and steel tower structure up to 75 feet in height. The tower structure would utilize a highly
transparent type of low-e “solar control” glass in order enhance the visibility of the vehicles stored
in the tower. The glass also maintains a low visible light reflectance to address potential glare
issues along Interstate 15, which was a concern raised by Caltrans (provided as Attachment 2).
The vehicle lifts would contain accent lighting and colored LED lighting also would be provided to
light up the interior of the tower. A condition has been added to include a dimmer device with the
interior tower lighting in order to control the intensity of the tower lighting. The top of tower would
include a blue color band and framed with two rows of LED accent lighting. The main body of the
first floor includes a combination of storefront glass, white exterior walls and a blue accent panel,
as shown on the architectural color scheme include with Exhibit “D” to the draft Planning
Commission Resolution 2020-09. Mechanical equipment located on the roof would be screened
from view by the roof parapet.

3. General Provisions and Standards for Planned Development

The Planned Development Ordinance (Article 19) provides more flexibility in development
standards that are adopted as part of the Planned Development Zone for an overall high quality
planned development. The project site is located with the Light Industrial (M-2) zone that limits
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wall signage to a maximum of 1 SF of signage per every 100 SF of gross floor area. This would
allow up to 103 SF of wall signage. For comparison, the General Commercial zone (CG) allows
up to 1 SF of signage per 50 SF of gross floor area, that would allow up to 106 SF of wall signage.
The applicant is proposing up to 325 SF of wall signage in conformance with their standard
corporate branding and typical building design. Therefore, the applicant is requesting a Master
and Precise Development Plan along with a Zone Change from General Industrial (M-2) zoning
to Planned Development-Industrial (PD-I) to allow for the increase in allowable signage. The
applicant also indicated that exterior signage and interior tower lighting would be on from dusk to
dawn. Therefore, a condition has been included to incorporate a dimmer type device into the final
lighting and signage plans to control intensity during evening hours to avoid potential impacts
along Interstate 15 and from distance views from residential areas. Establishment of the Planned
Development Zone and Master Development Plan provides for more flexibility in regulatory
standards and allows for the Master Plan to establish site specific development standards such
as site design and signage to encourage a more desirable project and environment. Staff feels
the proposed signage would be appropriate for this specific development given the increased
signage allowed for the Escondido Auto Park related uses west of Interstate-15, the off-site Auto
Park freeway oriented digital sign, and other signage allowance for the auto dealerships along
Interstate-15 south of Ninth Avenue.

4. Specific Alignment Plan

Hale Avenue across the project frontage is classified as a Super Major Road (110’ ultimate
right-of-way) on the City’s Circulation Element Map. Hale Avenue east and west of the project site
is classified as a Collector Road (84’ ultimate right-of-way). The Super Major roadway classification
was a placeholder designation until the specific needs for this section of roadway was analyzed to
determine the actual design improvements to accommodate current and future traffic. Hale Avenue
immediately west of the project site is under the jurisdiction of Caltrans and contains the Interstate
15 bridge and High Occupancy Vehicle “HOV” signalized entrance/exits. Therefore, the applicant
submitted a Specific Alignment Plan “SAP” for Hale Avenue to include the widening of N. Hale
Avenue in order to accommodate two southbound left-turn pocket lanes onto Tulip Street.
Improvements include re-striping the roadway for approximately 400 feet, reconstruction of the
existing median along N. Hale Avenue, construction of two access driveways to the proposed
Carvana project site (right-in and right-out only at eastern driveway), and new sidewalk along the
property frontage. These improvements will require traffic signal modifications at the intersection of
Hale Avenue and Tulip Street. An additional nine (9) feet of dedication is required to accommodate
the proposed improvements. A striped Class II bicycle lane is identified along Hale Avenue in the
City’s Bicycle Master Plan. The current and proposed roadway design would not be able to
accommodate a Class II lane across the project frontage. Existing improvements east of the project
site within the Caltrans section of the roadway and west of the site within the NCTD rail crossing
also cannot accommodate a Class II bike lane. These facilities have been fully improved and do
not provide on-street bicycle provisions. Therefore, staff is recommending the Class II lane be
eliminated along this segment of roadway from the SAP. The existing Class I bike path along
Escondido Creek located to the south of Hale Avenue is a preferred east/west route that also
connects to the inland bike trail along the southern side of Hale Avenue, that provides a suitable
alternative.
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B. SUPPLEMENTAL DETAILS OF REQUEST

1. Property Size: 1.85 acres (1 parcel)

2. Building Size: 5,829 SF ground floor area

3. Building Height: 75 feet (eight display tiers includes ground floors to accommodate four
cars/lifts per tier)

4. Materials: Stucco (white) and storefront type glass for first floor with blue trim
element. Clear glass tower structure with blue accent trim and signage
around roofline.

Required Proposed
5. Parking: 21 spaces 54(includes 3 accessible spaces and
(1 per 300 SF office space 4 EV spaces)
3,697 SF / 300 = 12.3 spaces) Temporary vehicle storage in parking
(1 per 800 SF storage area spaces before tower loading
ground level storage 2,132 SF
upper level storage 680 SF each
level x 7 levels = 4,760 SF
6,892 SF storage/800 = 8.6 spaces

5. Setbacks Required (M-1 zone) Proposed

Front: 10 feet 77 feet

Side: 0 feet 59 feet and 67 feet

Rear: 0 feet 250+ feet

6. Signage: M-2 zone Allowed Proposed (Planned Development)

Wall: 103 SF max. 325 SF

(1 SF/100 SF floor area) (includes 4 channel letter signs, white
Based on 5,827 sf ground 54.8 sf each; 4 logo cabinet 24.2 sf
floor area and area of ind. each; and 1 logo cabinet 9.0 sf
lifts 8.5’ x 20’ x 28 lifts (4,480 sf)

Freestanding: 1 per frontage, max. 50 sf None proposed

and 6’ height

All signage subject to conformance with Article 66 (Sign Ordinance) and

as approved as part of the Planned Development. A separate wall or
freestanding commemorative plaque would not be counted towards
signage allowance. A separate sign plan/permit will need to be submitted
and approved.

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7. Landscaping: New ornamental landscaping, irrigation, and street trees to be

provided along Hale Avenue, perimeter and parking areas.
Biofiltration features are designed within the landscaped area.
Preservation of three eucalyptus trees proposed. New decorative
tube steel fencing along NCTD frontage (eastern side). No security
fencing/gates along frontage proposed.

8. Loading: Loading for deliveries will be provided within the drive aisle adjacent to
the building within the interior of the project. Temporary vehicle
staging in identified parking spots until loaded into the tower.

9. Trash: Trash and recycling bins will be available within a new trash
enclosure. Collection service would be provided by Escondido
Disposal (EDI).

10. Lighting Light fixtures will be installed to illuminate building exterior, walkways
and parking areas. Two rows of decorative lighting (approximately
320 lf) also would be provided along the upper roofline/signage color
band.

11. Heating & Ventilation: Mechanical equipment (HVAC) units would be installed on the roof (1st
floor). All HVAC equipment would be installed on mechanical pads and
would be screened by the 1st floor parapet.

C. AVAILABILITY OF PUBLIC SERVICES

1. Effect on Police Service – The Police Department has expressed no concern regarding
their ability to provide service to the site.

2. Effect on Fire Service – The site is served by Fire Station No. 1 (310 North Quince
Street). Development of the site would contribute incremental increases in demand for
fire services. Comments received from the Escondido Fire Department indicate that
additional fire hydrants will constructed for the project and adequate turning radius for
fire apparatus will be constructed for the project. The Fire Department has indicated
that adequate services can be provided to the site and the proposed project would not
impact levels of service.

3. Traffic – According to the Engineering Division, the project does not materially degrade
the levels of service on the adjacent streets. Hale Avenue across the project frontage
is classified as a Super Major Road (110’ ultimate right-of-way) on the City’s Circulation
Element Map. Hale Avenue east and west of the project site is classified as a Collector
Road (84’ ultimate right-of-way). A typical auto dealership operation is anticipated to
generate approximately 290 average daily trips (23 peak hour trips). However, based
on the Carvana operational characteristics, anticipated daily trips would be significantly
less than a typical auto dealership (approximately 142 ADT). As part of the project, an
additional nine (9) feet of right-of-way would be dedicated along the project frontage and

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Hale Avenue widened to accommodate dual southbound left-turn lanes at the

intersection of Hale Avenue/Tulip Street.

4. Utilities – City sewer and water mains with sufficient capacity to serve the project are
available within the adjacent roadways. The project would not materially degrade the
levels of service of the public sewer and water system.

5. Drainage – The project site is not located within a 100-year Flood Zone as indicated on
current FEMA maps. There are no significant drainage courses within or adjoining the
property. The project has provided a drainage study and designed drainage facilities to
control runoff. Runoff from the project will be directed into a series of BMP treatment
features to separate targeted pollutants from the runoff before it leaves the site. The
project does not materially degrade the levels of service of the existing drainage
facilities. The Engineering Divisions indicated the drainage issues raised by Caltrans
will be adequately addressed with the final improvement/civil plans.

D. ENVIRONMENTAL STATUS:

The proposed project qualifies for an exemption from the California Environmental Quality Act
(CEQA) under section 15332, Class 32 In-fill Development Project. CEQA Guidelines lists
classes of projects that have been determined to not have a significant effect on the environment
and as a result are exempt from review under CEQA. The site is currently vacant, disturbed, and
cleared of all structures, except for foundations, paving and other on-site infrastructure related to
the previous industrial use of the site.

A Class 32 CEQA Exemption for the Carvana demonstrates the project or its circumstances would
not result in any exceptions identified in CEQA Guidelines, section 15300.2. Among the classes
of projects that are exempt from CEQA review are those projects that are specifically identified as
urban in-fill development. CEQA Guidelines, section 15332, defines in-fill development (Class 32
exemptions) as being applicable to projects meeting the following conditions:

• The project is consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations.
• The proposed development occurs within city limits on a project site of no more than 5
acres substantially surrounded by urban uses.
• The project site has no value as habitat for endangered, rare or threatened species.
• Approval of the project would not result in any significant effects relating to traffic, noise,
air quality, or water quality.
• The site can be adequately served by all required utilities and public services.

Based on the environmental analysis provided in the Class 32 CEQA Exemption, no

circumstances previously evaluated in the previously certified Final EIR for the General Plan and
Downtown Specific Plan (May 23, 2012) and the Addendum to the certified Final EIR (March 21,
2019) have changed with respect to the proposed development. In addition, the proposed project
would not create substantial changes or bring to light new information of the substantial
importance that was not previously examined in these Final EIR and Addendum. As a result, a
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Class 32 CEQA Exemption was prepared pursuant to the CEQA’s requirements for an “in-fill
development” within an urbanized area. The analysis presented in the Class 32 CEQA exemption
demonstrates that the project qualifies for the exemption and does not have significant effects on
the environment (Attachment 3).

E. CONCLUSIONS:

The proposed project is consistent with the General Plan and Downtown Transit Station Target
Area (characterized as Target Area “a” in Section II “Land Use and Community Form” of the
General Plan) as the project would revitalize the site and expand the commercial base, increase
sales tax revenues and create additional jobs. The Planning Commission acts as an advisory
body to the City Council on applications for Planned Developments. Staff believes the proposed
Planned Development (Master and Precise Development Plan) and Conditional Use Permit
provides for a well-designed project that will be beneficial to the Transit Station Target Area and
an economic asset to the larger Interstate-15 corridor. The SAP would provide appropriate design
features to accommodate the project and anticipated traffic along the project area segment of
Hale Avenue.

Staff recommends the Planning Commission adopt Resolution 2020-09, recommending approval
of the proposed Planned Development (Master and Precise Development Plan), Conditional Use
Permit, Zone Change and Specific Alignment Plan described in this staff report, and as detailed
in Exhibits “A” through “D” to the draft Resolution.

ATTACHMENTS:

1. Location and General Plan Map

2. Comment letter(s)
3. CEQA Exemption
4. Resolution 2020-09

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ATTACHMENT 1

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ATTACHMENT 2

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Planning Commission ATTACHMENT 3

CITY OF ESCONDIDO
PLANNING DIVISION
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
(760) 839-4671

Notice of Exemption
To: San Diego Assessor/Recorder/County Clerk From: City of Escondido
Attn: Fish and Wildlife Notices 201 North Broadway
1600 Pacific Highway, Room 260 Escondido, CA 92025
San Diego, CA 92101
MS A-33

Project Title/Case No.: MASTER AND PRECISE DEVELOPMENT PLAN, CONDITIONAL USE
PERMIT, ZONE CHANGE AND SPECIFIC ALIGNMENT PLAN / PL 20-0447 “CARVANA”

Project Location - Specific: The approximately 1.85-acre generally is located on the northern side of
N. Hale Avenue, east of Interstate 15, west of Washington Avenue, addressed at 559 N. Hale Avenue (APN
232-061-25-00)

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

Description of Project: Master and Precise Development Plan and Conditional Use Permit for the
development of a proposed Carvana Fulfillment Center / Vending Machine auto dealership. The project
consists of an approximately 5,800 SF, eight-(8) tier glass and steel tower structure up to 75 feet in height.
A Zone Change from Light Industrial (M-2) zoning to Planned Development-Industrial (PD-I) zoning is
requested to implement the Planned Development. A proposed Specific Alignment Plan to modify the
design of the street frontage and intersection of Hale Avenue and Tulip Street to include dual southbound
left-turn lanes. The improvements would add turn lane capacity to the southbound leg of the intersection
without removing existing southbound through lanes, therefore providing additional storage space for
southbound left-turning vehicles. The proposed class II bike lane would be modified/eliminated across the
project frontage.

Name of Public Agency Approving Project: City of Escondido

Name of Person or Agency Carrying Out Project:

Name: Carvana (Representative Jo Ryan) Telephone: (503) 515-7861

Address: 1930 W. Rio Salado Parkway, Tempe, AZ 85281

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

Exempt Status: Categorical Exemption. CEQA Sections 15332 “In-fill Development Projects.”

Reasons why project is exempt:

The proposed project qualifies for an exemption from the California Environmental Quality Act (CEQA)
under Section 15332, Class 32 In-fill Development Project. CEQA Guidelines lists classes of projects that
have been determined not to have a significant effect on the environment and as a result are exempt from
review under CEQA.
The proposed project or its circumstances would not result in any exceptions identified in CEQA Guidelines,
Section 15300.2. Among the classes of projects that are exempt from CEQA review are those projects that
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are specifically identified as urban in-fill development. CEQA Guidelines, Section 15332, defines in-fill
development (Class 32 exemptions) as being applicable to projects meeting the following conditions:
• The project is consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulations.
• The proposed development occurs within city limits on a project site of no more than five (5) acres
substantially surrounded by urban uses.
• The project site has no value as habitat for endangered, rare or threatened species.
• Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or
water quality.
• The site can be adequately served by all required utilities and public services.
No circumstances previously evaluated in the previously certified Final EIR for the General Plan and
Downtown Specific Plan (May 23, 2012) and the Addendum to the certified Final EIR (March 21, 2019)
have changed with respect to the proposed development. In addition, the proposed project would not
create substantial changes or bring to light new information of the substantial importance that was not
previously examined in these Final EIR and Addendum. As a result, the project qualifies for a Categorical
Exemption pursuant to the CEQA’s requirements for an “in-fill development” within an urbanized area as
detailed below:

General Plan and Zoning Consistency

The project is consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulations. The City’s General Plan land-use
designation for the project site is General Industrial (GI) with an underlying zoning designation of General
Industrial (M-2). Car dealerships (“auto sales”) are allowed within the M-2 zoning district subject to the
issuance of a Conditional Use Permit. The change of zone from M-2 to Planned Development-Industrial
(PD-I) would be in conformance with the General Industrial land-use designation, and the Planned
Development Zoning (Article 19 of the Escondido Zoning Code) allows for a more flexible regulatory
procedure by which the basic public purposes of the Escondido general plan and development policies may
be accomplished for specific parcels. The property also is located within the Downtown Transit Station
Target Area (characterized as Target Area “a” in the “Land Use and Community Form” section of the
General Plan). The Target Area Guiding Principles is to consider opportunities and incentives for increasing
employment densities and attracting businesses with salaries that raise the city’s median income and
improving the jobs/housing balance. The proposed Planned Development (Master and Precise
Development Plan) and Conditional Use Permit provides for a well-designed project that will be beneficial
to the Transit Station Target Area and an economic asset to the larger Interstate-15 corridor. The SAP
would provide appropriate design features to accommodate the project and anticipated traffic along the
project area segment of Hale Avenue.

Project Location, Size and Context

CEQA, Section 21072, defines a qualified urban use as “any residential, commercial, public institutional,
transit, or transportation passenger facility, or retail use, or any combination of those uses.” The project is
on a site within City limits that is no more than five (5) acres and substantially surrounded by urban uses.
The 1.85-acre project site previously was occupied by the Talone Meats/North County Packing Company.
The building was destroyed by a fire in 2016 and the remaining portions subsequently demolished, but the
foundation still remains. The property generally is flat with no significant topographical features. The site
is triangle in shape and located adjacent to Interstate 15 and bridge on the west. The freeway lanes are
located approximately 20+ feet higher than the project site. The North County Transit District “NCTD”
Sprinter Line and inland bike path are located along the eastern boundary of the site. The property fronts
onto Hale Avenue on the south. Surrounding land uses include equipment rental and light/heavy industrial
to the north and east, and light industrial/commercial to the south.

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Endangered, Rare or Threatened Species

The project site is located within the highly developed and urban area of the City. The project site currently
is vacant, disturbed and has been clear of all structures, except for the previous concrete foundations/pads
and asphalt paving. Vegetation primarily consists of ornamental landscaping, mature palm trees, various
weeds and grasses from the previous development/activities. The project site does not contain habitat
suitable for candidate, sensitive or special status species. In addition, no riparian habitat or other sensitive
natural community, or potential jurisdictional features were observed within the project site or within a 100-
foot boundary from the project site. The project site has no value as a habitat or special-status species
and, therefore, adheres to the criteria of CEQA Guidelines, Section 15332(c).

Traffic
The Engineering Division concluded the project would not result in any significant traffic or transportation-
related impacts, and no mitigation measures are required. A preliminary Traffic Statement was prepared
for the project by Kimley Horn (dated July 20, 2020). Hale Avenue across the project frontage is classified
as a Super Major Road (110’ ultimate right-of-way) on the City’s Circulation Element Map. Hale Avenue
east and west of the project site is classified as a Collector Road (84’ ultimate right-of-way). A typical auto
dealership operation is anticipated to generate approximately 290 average daily trips (23 peak hour trips).
However, based on the Carvana operational characteristics, anticipated daily trips would be significantly
less than a typical auto dealership (approximately 142 ADT). As part of the project, an additional nine (9)
feet of right-of-way would be dedicated along the project frontage and Hale Avenue widened to
accommodate dual southbound left-turn lanes at the intersection of Hale Avenue/Tulip Street.
The traffic assessment indicated the project does not meet any of the trigger categories to conduct a Traffic
Impact Analysis (TIA) as the number of daily trips on the surrounding street segments would be below the
threshold guidelines. The project also does not trigger TIA thresholds for project traffic added to a leg of
an intersection during AM or PM peak hour. Based on the City’s roadway and intersection project
contributions threshold guidelines, the project would not add a significant amount of traffic to the
surrounding street network. The project would not require alterations to the roadways or intersections such
that the project would conflict with SANDAG’s Congestion Management Program.
Specific Alignment Plan “SAP” - Hale Avenue across the project frontage is classified as a Super Major
Road (110’ ultimate right-of-way) on the City’s Circulation Element Map. Hale Avenue east and west of the
project site is classified as a Collector Road (84’ ultimate right-of-way). The Super Major roadway
classification was a placeholder designation until the specific needs for this section of roadway was
analyzed to determine the actual design improvements to accommodate current and future traffic. Hale
Avenue immediately west of the project site is under the jurisdiction of Caltrans and contains the Interstate
15 bridge and High Occupancy Vehicle “HOV” signalized entrance/exits. The SAP includes the widening
of N. Hale Avenue in order to accommodate two southbound left-turn pocket lanes onto Tulip Street.
Improvements include re-striping the roadway for approximately 400 feet, reconstruction of the existing
median along N. Hale Avenue, construction of two access driveways to the proposed Carvana project site
(right-in and right-out only at eastern driveway), and new sidewalk along the property frontage. These
improvements will require traffic signal modifications at the intersection of Hale Avenue and Tulip Street.
An additional nine (9) feet of dedication is required to accommodate the proposed improvements. A striped
Class II bicycle lane is identified along Hale Avenue in the City’s Bicycle Master Plan. The current and
proposed roadway design would not be able to accommodate a Class II lane across the project frontage.
Existing improvements east of the project site within the Caltrans section of the roadway and west of the
site within the NCTD rail crossing also cannot accommodate a Class II bike lane. These facilities have
been fully improved and do not provide on-street bicycle provisions. Therefore, the Class II lane would be
eliminated along this segment of roadway from the SAP. The existing Class I bike path along Escondido
Creek located to the south of Hale Avenue is a preferred east/west route that also connects to the inland
bike trail along the southern side of Hale Avenue that provides a suitable alternative.

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Noise
The project site is commercial in nature and located within an urban (commercial/industrial) area of the City.
Primary noise sources in the area are traffic noise along Interstate 15, Hale Avenue, Tulip Street and
Washington Avenue. Surrounding noise sources also include the variety of industrial and commercial uses.
The auto dealership would be compatible with the adjacent uses and as such, the project is not anticipated
to generate any significant increases to the existing ambient noise level. Any stationary operational noise
sources are regulated by the limits outlined in the Escondido Municipal Code. The City’s Nosie Ordinance
also states that if the ambient noise level exceeds that permissible standard, the allowable noise exposure
standard shall be the ambient noise level.

Construction would result in a temporary noise increase on and around the project site. Construction-related
impacts are short term and would cease once the project is completed. No special construction techniques
(i.e. pile driving or blasting) are anticipated to be necessary for construction of the project. The City also
has a maximum 1-hour average construction noise limit of 75 dB at noise-sensitive land uses. Contractors
are required to comply with the Noise Ordinance for noise levels from project-related grading and
construction activities set forth in the Escondido Municipal Code. The Escondido Municipal Code also
restricts the times of day when construction may occur (7:00 a.m. to 6:00 p.m., Monday through Friday;
9:00 a.m. to 5:00 p.m. on Saturday; and not at all on Sunday or public holidays). Construction of the project
would take place within the hours specified in Section 17,234 of the Escondido Municipal Code. There are
no noise sensitive uses adjacent or within close proximity to the project site.

Air Quality
Due to the nature of the project and low traffic generation, the project is not anticipated to exceed screening-
level criteria thresholds for construction or operational level impacts, nor create any operational related dust
or odor-related impacts. The size of the project is smaller than the air-quality study trigger criteria presented
in Table 4.3-12 of the City’s General Plan EIR that would trigger the need for an air-quality impact
assessment.
Construction activities would include grading, building construction, and architectural coatings. The greatest
potential for toxic air contaminants emissions would be related to diesel particulate matter (DPM) emissions
that are associated with heavy equipment operations during the project construction. Due to construction
activity being short-term and the limited number of heavy-duty construction equipment the project would
not result in long-term substantial source of toxic sir contaminant emissions and corresponding individual
cancer risk. Additionally, the California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449
regulates emissions form off-road diesel equipment in California. Therefore, no significant short-term toxic
air contaminants impacts would occur during the construction of the proposed project. Construction phase
impacts would be less than significant and no mitigation is required.

Water Quality
The project would not result in any significant effects related to water quality. A preliminary drainage study
and Storm Water Quality Management Plan (SWQMP) was prepared for the project. Storm water quality
impacts during construction would be prevented through implementation of a grading and erosion control
plan that is required by the City’s Grading and Erosion Control Ordinance (Article 55 of the Municipal Code)
and the State General Permit to Discharge Stormwater Associated with Construction Activities (NPDES
No. CA2000002), which requires preparation of a SWPPP by a Qualified SWPPP Developer. Adherence
to applicable requirements and implementation of the appropriate BMPs would ensure that potential water
quality degradation associated with construction related activities would be minimized and impacts less
than significant.
The Project would mimic the existing drainage patter, and runoff from the roof and outdoor areas would be
discharged towards on-site storm water facilities located along Hale Avenue to treat pollutants and meet
flow control requirements for the project. With the implementation of the operational treatment control
biofiltration basin and BMPs that would be required by the City pursuant to the SUSMP, potential pollutants

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Planning Commission

would be reduced to the maximum extent possible. Therefore, development would not violate any water
quality standards or water discharge requirements.

Utilities and Public Services:

The Fire Department indicated that appropriate fire protection can be provided with the implementation of
the required building/site design features. Appropriate fire flow will be provided to the project site with the
installation of the required fire hydrants.
The Engineering Division indicated that appropriate utilities will be provided to the project with existing
facilities located within adjacent Hale Avenue.

Section 15300.2 (Exceptions)

Location: Not applicable to Class 32 exemption
Cumulative Impact: All resource topics associated with the project have been analyzed and were found
to pose no significant impact. Therefore, the project would not make a cumulatively considerable
contribution to a significant cumulative impact.
Significant Effect: There are no known unusual circumstances applicable to the project or project site that
could result in a significant effect on the environment.
Scenic Highway: The project is not located in the vicinity of any designated or eligible state scenic
highway.
Hazardous Waste Site: They are no on site hazardous waste sites listed under Section 65962.5 of the
Government code. However, the site did contain a previous leaking underground tank (UST) that was
remediated and the case closed by the County Department of Environmental Health “DEH” in 2013, and
the case was transferred to the San Diego RWQCB. Following the transfer, case closure was requested
via the State Water Resources Control Board (SWRCB) Resolution No.2012-0016 Low-Threat
Underground Storage Tank Case Closure Policy (LTCP). Based on the LTCP groundwater criteria of
benzene concentrations being below 3,000 ug/l, the plume length being less than 250 feet, no remaining
LPH, and the nearest supply well being over 1,000 feet away, closure was granted via the LTCP. However,
the DEH requested certain measures be implement to assure that all excavated soils is managed correctly
and all potential health risks associated with dust and soil vapor intrusion have been adequately addressed.
Therefore, the following design features/conditions have been included in the project conditions of approval:

DF-Haz 1:
In accordance with the San Diego County Department of Environmental Health (DEH) recommendations,
prior to the issuance of grading and building permits for the project, the applicant/owner shall enter the
Voluntary Assistance Program (VAP) for regulatory oversight to assure that all excavated soil is managed
correctly and all potential health risks have been properly addressed. In addition, the following shall be
required:
a. Evacuation, management and disposal of impacted soils shall be managed through an approved
DEH Soils Management Plan (SMP) and Community Health and Safety Plan (CHSP).
b. Appropriate engineering controls shall be incorporated into the improvements plans, as may be
required by the DEH, to address any soil vapor intrusion.

Historic Resource: The 1.85-acre project site previously was occupied by the Talone Meats/North County
Packing Company that was destroyed by a fire in 2016. The remaining structure(s) subsequently were
demolished and removed from the site. These “Vernacular” style industrial/commercial structures were
listed on the City’s Historic Sites Survey as they were constructed in the 1930s. The structures were not
listed on the City’s Local Register. Because the historic resources no longer exist on the site, no impacts

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to historic resources would occur and no mitigation is required. However, the project has been conditioned
to include a plaque noting the previous use of the project site.

Lead Agency Contact Person: Jay Paul, Planning Division Area Code/Telephone/Extension (760)
839-4537

Signature: Jay Paul September 2, 2020j

Jay Paul, Senior Planner Date

Signed by Lead Agency Date received for filing at OPR: N/A

Signed by Applicant

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PL20-0447
September 8, 2020 ATTACHMENT 4
Planning Commission

Planning Commission
Hearing Date: September 8, 2020
Effective Date: September 9, 2020

PLANNING COMMISSION RESOLUTION NO. 2020-09

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF ESCONDIDO, CALIFORNIA,
RECOMMENDING APPROVAL OF A MASTER AND
PRECISE DEVELOPMENT PLAN, CONDITIONAL
USE PERMIT, ZONE CHANGE AND SPECIFIC
ALIGNMENT PLAN FOR THE DEVELOPMENT OF A
CARVANA AUTO DEALERSHIP

APPLICANT: Carvana

CASE NO: PL 20-0447

WHEREAS, Carvana (herein after referred to as “Applicant”), filed a land use

development application (Planning Case No. PL 20-0447) constituting a request for a

Master and Precise Development Plan, and Conditional Use Permit for the development

of a proposed Carvana Fulfillment Center / Vending Machine auto dealership. The project

consists of an approximately 5,800 SF, eight-(8) tier glass and steel tower structure up to

75 feet in height. A Zone Change from Light Industrial (M-2) zoning to Planned

Development-Industrial (PD-I) zoning is requested to implement the Planned

Development. The project also includes a Specific Alignment Plan for Hale Avenue to

modify the design of the street frontage and intersection of Hale Avenue and Tulip Street.

The approximately 1.85-acre project site is located on the northern side of N. Hale

Avenue, addressed as 559 N. Hale Avenue; and

WHEREAS, the subject property is all that real property described and depicted in

Exhibit "A," which is attached hereto and made a part hereof by this reference as though

fully set forth herein; and

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WHEREAS, the land use development application was submitted to, and

processed by, the Planning Division of the Community Development Department in

accordance with the rules and regulations of the Escondido Zoning Code and the

applicable procedures and time limits specified by the Permit Streamlining Act

(Government Code section 65920 et seq.) and the California Environmental Quality Act

(Public Resources Code section 21000 et seq.) (“CEQA”); and

WHEREAS, pursuant to CEQA and the State CEQA Guidelines (Title 14 of

California Code of Regulations, section 15000 et. seq.), the City is the Lead Agency for

the Project, as the public agency with the principal responsibility for approving the

proposed Project; and

WHEREAS, the Planning Division did study said request, performed necessary

investigations, prepared a written report, and does recommend approval of the Project as

depicted on the plan set shown in Exhibit "D," which is attached hereto and made a part

hereof by this reference as though fully set forth herein; and

WHEREAS, City staff provided public notice of the application in accordance with

City and State public noticing requirements.

WHEREAS, the Planning Commission of the City of Escondido did, on

September 8, 2020, hold a duly noticed public hearing as prescribed by law. At said

hearing, this Planning Commission received and considered the reports and

recommendation of the Planning Division and gave all persons full opportunity to be heard

and to present evidence and testimony respecting said matter. Evidence was submitted

to and considered by the Planning Commission, including, without limitation:

a. Written information including plans, studies, written and graphical information, and

other material, submitted by the Applicant;

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Planning Commission

b. Oral testimony from City staff, interested parties, and the public;

c. The staff report, dated September 8, 2020, with its attachments as well as City

staff’s recommendation on the Project, which is incorporated herein as though fully

set forth herein; and

d. Additional information submitted during the public hearing; and

WHEREAS, said public hearing before the Planning Commission was conducted

in all respects as required by the Escondido Municipal Code and the rules of this Planning

Commission.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of

Escondido:

1. That the above recitations are true and correct.

2. Public resources Code section 21084 requires the CEQA Guidelines to

include a list of classes of projects that have been determined not to have a significant

effect on the environment and that shall be categorically exempt from the provisions of

CEQA. The Planning Commission, in its independent judgment, has determined the

Project to qualify for the “In-Fill Development Projects” exemption under CEQA

Guidelines section 15332.

3. After consideration of all evidence presented, and studies and

investigations made by the Planning Commission and in its behalf, the Planning

Commission makes the following substantive findings and determinations, attached

hereto as Exhibit “B,” relating to the information that has been considered. In accordance

with the Findings of Fact/Factors to be Considered and the foregoing, the Planning

Commission reached a recommendation on the matter as hereinafter set forth.

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4. The Planning Commission hereby recommends that the City Council

approve the application to use the subject property for said purpose specified above and

subject to each and all of the conditions hereinafter set forth in Exhibit “C.” This Planning

Commission expressly declares that it would not have approved this land use

development application except upon and subject to each and all of said conditions, each

and all of which conditions shall run with the land and be binding upon the Applicant, the

owner, and all subsequent owners of the subject property, and all persons who use the

subject property for the use permitted hereby.

5. That, considering the Findings of Fact/Factors to be Considered and

applicable law, the Planning Commission hereby makes a motion to recommend approval

of the Master and Precise Development Plan, Zone Change, Conditional Use Permit and

Specific Alignment Plan, subject to the conditions of approval attached as Exhibit “C.”

6. The Planning Commission, therefore, recommends that a Notice of

Exemption be filed with the County Clerk of the County of San Diego in accordance with

CEQA Guidelines.

7. Said plan is on file in the Planning Division of the Community

Development Department and is available for inspection by anyone interested herein, and

said development plan is incorporated herein by this reference, the same as if it were fully

set forth herein. This Project is conditionally approved as set forth on the application and

Project drawings, all designated as approved by the Planning Commission, and shall not

be altered without the express authorization by the Planning Division. Any deviations

from the approved plans shall be reviewed by the City for substantial compliance and may

require amendment by the appropriate hearing body.

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BE IT FURTHER RESOLVED that, pursuant to Government Code section

66020(d)(1):

1. NOTICE IS HEREBY GIVEN that the Project is subject to dedications,

reservations, and exactions, as specified in the Conditions of Approval. The Project is

subject to certain fees described in the City of Escondido’s Development Fee Inventory

on file in both the Community Development and Public Works Departments. The

Applicant shall be required to pay all development fees of the City then in effect at the

time and in such amounts as may prevail when building permits are issued. It is the City’s

intent that the costs representing future development’s share of public facilities and capital

improvements be imposed to ensure that new development pays the capital costs

associated with growth. The Applicant is advised to review the Planned Fee Updates

portion of the web page, www.escondido.org, and regularly monitor and/or review fee-

related information to plan for the costs associated with undertaking the Project.

2. NOTICE IS FURTHER GIVEN that the 90-day period during which to

protest the imposition of any fee, dedication, reservation, or other exaction described in

this resolution begins on the effective date of this resolution, and any such protest must

be in a manner that complies with Section 66020.

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Planning Commission

PASSED, ADOPTED AND APPROVED by a majority vote of the Planning

Commission of the City of Escondido, California, at a regular meeting held on the 8 th day

of September, 2020, by the following vote, to wit:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ABSENT: COMMISSIONERS:

______________________________
Stan Weiler, Chairman
Escondido Planning Commission
ATTEST:

______________________________
MIKE STRONG, Secretary of the
Escondido Planning Commission

I hereby certify that the foregoing Resolution was passed at the time and by

the vote above stated.

_____________________________
KIRSTEN PERAINO, Minutes Clerk
Escondido Planning Commission

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EXHIBIT “A”
LEGAL DESCRITPION
Planning Case No. PL 20-0447

That portion of Lot 12 in Block 301 of Rancho Rincon Del Diablo, in the City of Escondido,
County of San Diego, State of California, according to Map thereof No. 724, filed in the
office of the County Recorder of San Diego County, August 13, 1982, described as
follows:

Beginning at the most easterly corner of said Lot 12; thence along the northeasterly line
of said Lot 12, north 65 degrees 44’ 16” west 471.04 feet; thence south 30 degrees
33’ 00” east 118.33 feet; thence south 24 degrees 43’ 47” east 235.81 feet; thence south
32 degrees 20’ 26” east 207.60 feet; thence south 28 degrees 30’ 06” east 10.97 feet to
the southeasterly line of said Lot 12; thence along said southeasterly line, north 26
degrees 39’ 01” east 344.12 feet to the point of beginning.

Excepting therefrom the southeasterly 9.00 feet as conveyed to the City of Escondido, in
deed recorded June 13, 1975 as File No. 75-149673 of official records.

APN 232-061-25-00

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EXHIBIT “B”
FINDINGS OF FACT/FACTORS TO BE CONSIDERED
PL 20-0447

Environmental Determination(s):

1. Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code Section
21000 et. seq.), and it’s implementing regulations (the State CEQA Guidelines), Article 14 of
the California Code of Regulations Section 15000 et. seq., the City of Escondido is the Lead
Agency for the project (“Project”), as the public agency with the principal responsibility for
approving the Project.

2. All of the requirements of the California Environmental Quality Act have been met because it
was found that the project will not have a significant effect on the environment as
demonstrated in the Categorical Exemption in CEQA Guidelines section 15332, “In-fill
Development Projects.” Project design measures were incorporated into the Conditions of
Approval to address potential issues related to hazardous site impacts.

Conditional Use Permit (CUP):

1. Granting the Conditional Use Permit for auto sales 559 N. Hale Avenue would be based on
sound principles of land use because and would not create a nuisance, cause deterioration
of bordering land uses or create special problems for the area in which it is located because
the proposed use would not create any adverse traffic or noise impacts to surrounding
properties, as indicated in the staff report and environmental document prepared for the
project. Outdoor lighting would be designed in accordance with the City’s outdoor lighting
requirements, which would minimize potential glare and spillover to adjacent properties, and
Interstate 15. Appropriate setbacks and perimeter landscaping would be provided.
Appropriate access, street improvements and on-site circulation and parking would be
provided. The proposed project would not diminish the Quality of Life Standards of the
General Plan as the project does not materially degrade public facilities.

2. The Conditional Use Permit has been considered in relationship to its effect on the community
and area plan. The surrounding area is predominantly characterized by industrial and
commercial uses, and auto sales would be compatible with these land uses. The property
also is located within the Downtown Transit Station Target Area (a). The Target Area Guiding
Principles is to consider opportunities and incentives for increasing employment densities and
attracting businesses with salaries that raise the city’s median income and improving the
jobs/housing balance. The Carvana auto dealership would assist in achieving the goals and
polices in the General Plan and Target Area because it would establish a new commercial
use that would rehabilitate the deteriorated project site and enhance commercial service
opportunities, tax base and jobs within this target area.

3. The proposed CUP to allow auto sales would provide a necessary and desirable service to
the Escondido community without adversely affecting the surrounding area or the city as a
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Planning Commission

whole, as noted in Findings 1 and 2 above, and further detailed in the Planning Commission
staff report dated September 8, 2020.

4. The CUP would become effective on the effective date of the proposed Zone Change and
Master and Precise Development Plan.

Master and Precise Development Plan:

1. The proposed Planned Development is consistent with the adopted general plan and
applicable to specific plans for the subject area. The City’s General Plan land-use designation
for the project site is General Industrial (GI) with an underlying zoning designation of General
Industrial (M-2). Auto sales are allowed within the General Industrial land-use designation
subject to the issuance of a Conditional Use Permit. The proposed Planned Development
would be in conformance with the Downtown Transit Station Target Area (a). The Target Area
Guiding Principles is to consider opportunities and incentives for increasing employment
densities and attracting businesses with salaries that raise the city’s median income and
improving the jobs/housing balance. The Carvana auto dealership would assist in achieving
the goals and polices in the General Plan and Target Area because it would establish a new
commercial use that would rehabilitate the deteriorated project site and enhance commercial
service opportunities, tax base and jobs within this target area.

2. The proposed location allows the planned development to be well integrated with its
surrounding surroundings. The surrounding area is predominantly characterized by industrial
and commercial uses, and auto sales would be compatible with these land uses.

3. All vehicular traffic generated by the planned development will be accommodated safely and
without causing undue congestion upon adjoining streets. The Specific Alignment Plan (SAP)
establishes the appropriate level of roadway and intersection improvements to accommodate
project related and anticipated future traffic along Hale Avenue project frontage.

4. The proposed location and design allows residents and business establishments proposed
within the zone to be adequately serviced by existing or proposed public facilities and services
and does not provide an undue or negative impact on existing public facilities and services.

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

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

7. The uses proposed have a beneficial effect not obtainable under existing zoning regulations.
Any departure from existing ordinance requirements (allowable signage) are warranted by the

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

Zone Change

1. The public health, safety and welfare will not be adversely affected by the proposed zone
change from General Industrial (M-2) to Planned Development-Industrial (PD-I) as the subject
site still will remain industrial zoning with similar permitted and conditionally permitted uses.

2. The property involved is suitable for the uses permitted by the proposed zone and would not
be detrimental to surrounding properties because auto sales is a conditionally permitted use
within underlying General Industrial (M-2) and proposed Planned Development-Industrial (PD-
I) zone. The proposed PD-I zone would not introduce any additional uses not already allowed
or conditionally allowed within the underlying industrial zone. The surrounding area is
predominantly characterized by industrial and commercial uses, and auto sales would be
compatible with these land uses.

3. The proposed change is consistent with the adopted general plan and the relationship of the
proposed change is applicable to specific plans for the subject area. The City’s General Plan
land-use designation for the project site is General Industrial (GI) with an underlying zoning
designation of General Industrial (M-2). Auto sales are allowed within the General Industrial
land-use designation subject to the issuance of a Conditional Use Permit. The change of
zone from M-2 to Planned Development-Industrial (PD-I) would be in conformance with the
General Industrial land-use designation, and the Planned Development zoning allows for a
more flexible regulatory procedure by which the basic public purposes of the Escondido
general plan and development policies may be accomplished for specific parcels (Zoning
Code Article 19). The proposed zone change also would be in conformance with the
Downtown Transit Station Target Area (a). The Target Area Guiding Principles is to consider
opportunities and incentives for increasing employment densities and attracting businesses
with salaries that raise the city’s median income and improving the jobs/housing balance.

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EXHIBIT “C”
CONDITIONS OF APPROVAL
Planning Case No. PL20-0447
Carvana

Nothing in this permit shall relieve the Applicant from complying with conditions and regulations
generally imposed upon activities similar in nature to the activity authorized by this permit. This
action does not relieve the applicant of the obligation to comply with all ordinances,
statutes, regulations, and procedures.

Prior to final occupancy, a Planning Final Inspection shall be completed to ensure that the property
is in full compliance with the conditional use permit conditions.

A. GENERAL:

1. Acceptance of Permit. Should the applicant fail to file a timely and valid appeal of this
Permit with the applicable appeal period, such inaction by the applicant shall be deemed
to constitute all of the following on behalf of the applicant:

a. Acceptance of the Permit by the applicant; and

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

2. Permit Expiration. The Permit shall automatically expire after two (2) years from the date of
this approval, or the expiration date of any extension granted in accordance with the
Escondido Municipal Code or Zoning Code. The Permit shall be deemed expired if a building
permit has not been obtained or work has been discontinued in the reliance of that building
permit. If no building permits are required, the City may require a noticed hearing to be
scheduled before the authorized agency to determine if there has been demonstrated a good
faith intent to proceed, pursuant to and in accordance with the provision of this Permit.

3. Certification. The Director of Community Development, or his/her designee, is authorized

and directed to make, or require the applicant to make, all corrections and modifications to
the Project drawings and any other relevant document comprising the Project in its entirety,
as necessary to make them internally consistent and in conformity with final action on the
Project. This includes amending the Project drawing as necessary to incorporate revisions
made by the decision-making body and/or reflecting any modifications identified in these
conditions of approval. Said Plans must be certified by the Planning Division prior to submittal
of any post-entitlement permit, including grading, public improvement, landscape, or building
plans for the project.

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4. Conformance to Approved Plans.

a. The operation and/or use of the subject property shall be consistent with the Details of
Request, designated with the Approval Plan set.

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

c. Once a permit has been issued, the applicant may request Permit modifications. “Minor”
modifications may be granted if found by the Director of Community Development to be
in substantial conformity with the Approved Plan set, including all exhibits and Permit
conditions attached hereto. Modifications beyond the scope described in the Approved
Plan set may require submittal of an amendment to the Permit and approval by the
authorized agency.

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

6. Certificate of Occupancy.

a. No change in the character of occupancy or change to a different group of occupancies

as described by the Building Code shall be made without first obtaining a Certificate of
Occupancy from the Building Official, as required, and any such change in occupancy
must comply with all other applicable local and state laws.

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

7. Availability of Permit Conditions.

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

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

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

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

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

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

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

12. Clerk Recording.

a. Exemption; The City of Escondido hereby notifies the applicant that the County Clerk’s
office requires a documentary handling fee of $50.00 in order to file a Notice of Exemption
for the project (environmental determination for the project). In order to file the Notice of
Exemption with the County Clerk, in conformance with the California Environmental
Quality Act (CEQA) Section 15062, the applicant should remit to the City of Escondido
Planning Division, within two working days of the final approval of the project, a check
payable to the “County Clerk” for $50.00. The filing of a Notice of Exemption and the
posting with the County Clerk starts a 35-day statute of limitations period on legal
challenges to the agency’s decision that the project is exempt from CEQA. Failure to
submit the required fee within the specific time noted above will result in the Notice of
Exemption not being filed with the County Clerk, and a 180-day statute of limitations will
apply.
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13. Legal Description Adequacy. The legal description attached to the application has been
provided by the applicant and neither the City of Escondido nor any of its employees assume
responsivity for the accuracy of said legal description.

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

15. Revocation, Suspension, Modification. At any time after Project implementation, the City
may require a noticed public hearing to be scheduled before the Planning Commission to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. This item may be referred to the appropriate decision-making body upon
recommendation of the Director of Community Development for review and possible
revocation or modification of the Permit regarding non-compliance with the Conditions of
Approval.

This Permit may be revoked, suspended or modified by the Planning Commission, or by the
City Council on appeal, at any time regardless of who is the owner of the subject property or
who has the right to possession thereof or who is using the same at such time, whenever,
after a noticed hearing, and after the following findings are fully investigated:

a. A violation of any term or condition not abated, corrected or rectified within the time
specified on the notice of violation; or

b. A violation of any City ordinance, state law, or federal law not abated, corrected or rectified
within the time specified on the notice of violation; or

c. The use as presently conducted creates or constitutes a nuisance.

16. Indemnification. The applicant shall hold harmless the City, its Council Members, its
Commission and Boards, officers, agents, employees , and representatives from liability for
any award, damage, cost and fees incurred by the City and/or awarded to any plaintiff in an
action challenging the validity of this Permit and from and against any and all claims, losses,
proceedings, damages, cause of action, liabilities, cost and expenses, including reasonable
attorney’s fees, arising from or in connection with, or caused by (i) any act, omission or
negligence of applicant, or their respective contractors, licensees, invitees, agents, sub
lessees, servants or employees, wherever on or adjacent to the property the same may occur;
(ii) any use of the property, or any accident, injury, death, or damage to any person or property
occurring in, or on or about the property, or any part thereof, or from the conduct of the
applicant or owner’s business or from any activity, work or thing done, permitted or suffered
by the applicant or owner or its sub lessees, contractors, employees, or invitees, in or about

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the property, other than to the extent arising as a result of City’s sole active negligence or to
the extent of any willful misconduct of the City; and (iii) any default in the performance of any
obligations of applicant’s or ones part to performed under the terms of this Agreement, or
arising from any negligence of applicant or owner, or any such claim or any action or
proceeding brought thereon; and in case any action or proceedings be brought against the
City, its officers, employees , ag4ents and representatives, by reason of any such claim,
applicant or owner, upon notice from City, shall defend the same at its expense by counsel
reasonably satisfactory to City. Owner further agrees to and shall indemnify, defend, protect,
and hold harmless the City, its officers, employees, agents and representatives, from and
against any and all actions brought by any third party to challenge the Project or its approval
by the City, including environmental determinations. Such indemnification shall include any
costs and expenses incurred by Agency and City in such action(s), including reasonable
attorney fees.

B. Construction, Maintenance, and Operation Obligations;

1. All construction shall comply with all applicable requirements of the Escondido Zoning
Code and requirements of the Planning Department, Director of Building, and the Fire
Chief. Approval of this request shall not waive compliance with any sections of the
Municipal Code and all other applicable City regulations in effect at the time of Building
Permit issuance unless specifically waived herein.

2. Agency License and Permitting. In order to make certain on- or off-site improvements
associated with the Approved Plan set, the Permit request may require review and
clearance from other agencies. Nothing in these Conditions of Approval shall be
construed as to waive compliance with other government agency regulation or to obtain
permits from other agencies

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

3. Utilities. All new utilities and utility runs shall be undergrounded.

4. Signage. All proposed signage associated with the Project must comply with the City of
Escondido Sign Ordinance (Ord. 92-47, Zoning Code Article 66) for the underling zone,
and as may be approved pursuant to the Master Development Plan along with any exhibits
included in the staff report(s), to the satisfaction of the Planning Division. Separate sign
permits (Planning Division Sign Permit) will be required for Project signage prior to the
issuance of building permits for the signage.
a. All illuminated signs shall be equipped with automatic timing devices so that the
lighting is turned off between the hours of 11:00 p.m. and sunrise, unless exempt
pursuant to Article 25, Outdoor Lighting. All illuminated signs shall be equipped with

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a dimmer type device in order to control the intensity of illumination between the hours
of 11:00 p.m. and sunrise, unless exempt pursuant to Article 25.

b. The sign package shall include a plaque (mounted on the wall and small monument)
noting the previous history of the Talone operation/building on the site.

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

6. Lighting. All exterior lighting shall conform to the requirements of Article 1072, Outdoor
Lighting (Ordinance No. 86-75).
a. The interior tower lighting shall be equipped with a dimmer type device in order to
control the intensity of illumination between the hours of 11:00 p.m. and sunrise.

7. General Property Maintenance. The property owner or management company shall

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

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

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

10. Roof, Wall, and Ground Level Equipment. All mechanical equipment shall be screened
and concealed from view in accordance with Section 33-1085 of the Escondido Zoning
Code. Any roof equipment visibly from Interstate 15 shall be painted to blend in with the
roof color.

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

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

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

14. Parking and Loading/Unloading.

a. A minimum of twenty-one (21) parking spaces shall be provided on site as discussed

in the staff report to the satisfaction of the City Engineer and Director of Community
Development. 54 parking spaces are proposed by the applicant, as shown on the site
plan. Parking for disabled persons shall be provided in full compliance with Chapter
2-71, Part 2 of Title 24 of the State Building Code, including signage. All required
parking spaces shall remain available for operable vehicles and shall not be used for
inoperable vehicles or general storage.

15. Landscaping Maintenance. The property owner or management company assumes all
responsibility for maintaining all on-site landscaping and irrigation; any landscaping in the
public right-of-way adjacent to the property, and any retaining and freestanding
walls/fencing in a manner that satisfies the conditions contained herein.

a. Landscaped areas shall be maintained in a flourishing manner. Appropriate irrigation

shall be provided for all landscape areas and be maintained in an operational
condition.

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

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

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

a. A final landscape and irrigation plan shall be submitted to the Engineering Division
for review and approval, if meeting any of the criteria listed under Section 33-1323
of the Zoning Code. Five (5) copies of detailed landscape and irrigation plans shall
be submitted to the Engineering Services Department with the second submittal of
the grading plan. The initial submittal of the landscape plans shall include the
required plan check fees, paid in accordance with the prevailing fee schedule in
effect at the time of submittal. Details of Project any fencing and walls, including
materials and colors, shall be provided on the landscape plans. (Building permits
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may also be required.) The landscape and irrigation plans shall be reviewed and
approved by the Planning Division and Engineering Services Department prior to
issuance of grading permits, and shall be equivalent or superior to the conceptual
landscape plans included as part of the Approved Plan set, to the satisfaction of
the Planning Division. The required landscape and irrigation plans(s) shall comply
with the provisions, requirements and standards outlined in Article 62 (Landscape
Standards) of the Escondido Zoning Code, except where stricter requirements are
imposed by the State of California.

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

c. New or retrofitted trash enclosures shall accommodate vertical climbing plants,

vines with support trellis panels, clinging non-deciduous or fast growing shrubbery
that will screen the enclosures wall surface. The Director of Community
Development shall find that the proposed landscaping design, material, or method
provides approximate equivalence to the specific requirements of this condition or
is otherwise satisfactory and complies with the intent of these provisions.

d. The mature eucalyptus trees located within the southeastern corner of the site shall
be retained (if feasible) and incorporate into the landscape design. The root zones
shall be protected during grading operations and this shall be noted on the grading
plans. The trees shall be trimmed property prior to final certificate of occupancy.

C. Project Specific Conditions:

1. In accordance with the San Diego County Department of Environmental Health (DEH)
recommendations, prior to the issuance of grading and building permits for the project,
the applicant/owner shall enter the Voluntary Assistance Program (VAP) for regulatory
oversight to assure that all excavated soil is managed correctly and all potential health
risks have been properly addressed. In addition, the following shall be required:

a. Evacuation, management and disposal of impacted soils shall be managed

through an approved DEH Soils Management Plan (SMP) and Community Health
and Safety Plan (CHSP).

b. Appropriate engineering controls shall be incorporated into the improvements

plans, as may be required by the DEH, to address any soil vapor intrusion.

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c. Prior to Certificate of Occupancy, the applicant shall submit either a “No Further
Action” letter or “Concurrence” letter from DEH, or other appropriate certification
from DEH.

2. This PD-I zoning designation shall be subject to the same permitted and conditionally
permitted uses pursuant to Article 26 (Industrial Zones) for the M-2 zone, unless specifically
modified/permitted or conditionally permitted by the Master and Precise Development Plan.

BUILDING
1. Approval and subsequent development is subject to all conditions and requirements of the
California Building Code and Building Division.

ENGINEERING

GENERAL
1. The Developer shall provide the City Engineer with a Preliminary Title Report covering
subject property.
2. The location of all existing on-site and adjacent utilities and storm drain facilities shall be
determined by the Developer’s engineer. If a conflict occurs with the proposed project or
improvements, arrangements for relocation of the conflicting utilities/facilities shall be made
with the owner of the utility/facility prior to approval of the Grading plans. This utility/facility
relocation work shall be completed prior to issuance of Building Permits.
3. Improvement plans prepared by a Civil Engineer are required for all public street and utility
improvements and a Grading/Private Improvement plan prepared by a Civil Engineer is
required for all grading, drainage and private onsite improvement design. Landscaping Plans
shall be prepared by a Landscape Architect.
4. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter
based on a final Engineer’s Estimate of Grading and Improvements Cost prepared by the
project engineer. The Developer is required to provide a Cash Clean Up deposit for all
grading, landscaping, private Improvements and onsite drainage improvements prior to
approval of Grading Plans and issuance of Grading Permit. This Cash Clean Up Deposit
amount shall be 10% of the total cost of the project private improvements, drainage and
landscaping. The Developer is required to provide Performance (100% of total public
improvement cost estimate), Labor and Material (50% of total public improvement cost
estimate) and Guarantee and Warrantee (10% of total public improvement cost estimate)
bonds for all public improvements prior to approval of the Improvement Plans and issuance
of Building Permits. All improvements shall be completed prior to issuance of a Certificate of
Occupancy.
5. As surety for the construction of required off-site and/or on-site improvements, bonds and
agreements in a form acceptable to the City Attorney shall be posted by the Developer with
the City of Escondido prior to the approval of any building permit.

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6. If site conditions change adjacent to the proposed development prior to completion of the
project, the Developer will be responsible to modify his/her improvements to accommodate
these changes. The determination and extent of the modification shall be to the satisfaction
of the City Engineer.
7. All public improvements shall be constructed in a manner that does not damage existing
public improvements. Any damage shall be determined by and corrected by the Developer
to the satisfaction of the City Engineer.
8. The Developer’s engineer shall submit to the Planning Department 3 copies of the Site/Plot
Plan as approved the Planning Commission together with any changes contained in the
adopted final conditions of approval. The Master and Precise Development Plan will be
certified by the Planning Department verifying that they are an accurate reproduction of the
approved Site/Plot Plan and one of these copies must be included with the first Final
Engineering submittal for plan check to the Engineering Department.

STREET IMPROVEMENTS AND TRAFFIC

1. Public street improvements shall be constructed to City Standards in effect at the time of
Final Engineering approval and shall be submitted on public improvement plans prepared by
a Civil Engineer to the satisfaction of the City Engineer. Specific details, including final
concrete driveway apron design for the project entrances, concrete curb & gutter and
sidewalk replacement, drainage, street lighting, etc. shall be to the satisfaction of the City
Engineer.
2. The Developer shall remove the existing Hale Avenue street improvements and widen Hale
Avenue and construct new frontage street improvements including modification to the raised
median in accordance with the approved Hale Avenue Specific Alignment Plan. The intent
of this Hale Avenue Specific Alignment plan is to accommodate the construction of and
striping for dual left turn lanes from west-bound Hale Avenue to south-bound Tulip Street.
3. To the extent the existing traffic signal poles and equipment are impacted by the required
widening of Hale Avenue and to make the Project’s westerly entrance the fourth leg of this
signalized intersection, the Developer will be required to modify the existing traffic signal and
associated equipment at the intersection of Hale Avenue and Tulip Street to the satisfaction
of the City Engineer.
The Developer shall submit separate traffic signal and signing and striping modification
improvement plans prepared by a Traffic Engineer for review and approval by the City
Engineer. These traffic signal modifications shall be per current City, Caltrans, and MUTCD
Standards and shall include video detection, APS, LED street lighting, and shall include a
new controller and cabinet if the controller must be relocated. The Developer’s Traffic
Engineer will also be responsible for all new timing plans and coordinating traffic signal
modification work with the Developer’s Contractor(s) and Equipment Suppliers, City staff, and
Caltrans due to the close proximity of the Caltrans Direct Access ramp traffic signal system.
4. The project’s access driveways shall be constructed as alley-type driveway aprons with
minimum throat widths of 24-feet for the easterly driveway and 28 feet minimum for the
westerly signalized driveway.

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5. The Project’s easterly driveway shall be restricted to right turns in and out and must be signed
accordingly to the satisfaction of the City Engineer.
6. All on-site driveways and parking areas will be private. Typical sections and design details
shall be to the satisfaction of the City Engineer and Community Development Director.
7. The existing LS1 street light mounted on a power pole along the project frontage shall be
removed and returned to SDG&E.
8. The Developer shall relocate the existing City owned street light to a location on the west
side of the project’s proposed easterly driveway entrance and retrofit it with an LED light
fixture in accordance with Escondido Standard Drawing No. E-1-E.
9. All unused driveways shall be removed and replaced with full height curb and gutter and
sidewalk in accordance with City standards.
10. The Developer shall remove and replace all damaged sidewalk, curb and gutter, along all
project frontages to the satisfaction of the City Engineer prior to issuance of a Certificate of
Occupancy.
11. The Developer’s engineer shall prepare and submit for approval by the City Engineer a
complete final Signing and Striping plan for all improved and modified roadways. The
Developer will be responsible for removal of all existing and the construction of all new signing
and striping in compliance with the current CA MUTCD standards and to the satisfaction of
the City Engineer.
12. The Developer shall repaint all pavement striping and markings adjacent to the project that
have been damaged and prematurely faded due to project construction traffic to the
satisfaction of the City Engineer.
13. An Encroachment Permit shall be obtained from CALTRANS for any work within the
CALTRANS right-of-way.
14. The Developer will be responsible for an overlay of Hale Avenue to centerline along the
project frontage due to the many utility trenches necessary to serve this project. The
determination of the extent of the overlay shall be to the satisfaction of the City Engineer.
15. Adequate horizontal sight distance shall be provided at all driveways. Increased parkway
widths, open space easements, and restrictions on landscaping may be required at the
discretion of the City Engineer
16. Pedestrian access routes meeting current ADA requirements shall be provided into the
project to the satisfaction of the City Engineer and City Building Official.
17. All gated entrances shall be approved by the City Engineer, Building Official, and the Fire
Marshal.
18. The Developer will be required to provide a detailed detour and traffic control plan, for all
construction and staging activities, and any requested materials placement within existing
rights-of-way to the satisfaction of the City Engineer. This plan shall include any proposed
sidewalk closures and provide for alternate pedestrian access around the project site. This
plan shall be approved prior to the issuance of an Encroachment Permit for construction or
other project activities within the public right-of-way.
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GRADING and SITE IMPROVEMENTS

1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be
approved by the Engineering Department prior to issuance of building permits. The first
submittal of the grading plan shall be accompanied by 3 copies of the preliminary soils and
geotechnical report. The Soils Engineer will be required to indicate in the soils report that
he/she has reviewed the grading design and found it to be in conformance with his/her
recommendations.
2. All private driveways and parking areas shall be paved with a minimum of 3” AC over 6” of
AB or 7” PCC over 6” AB. All paved areas exceeding 15% slope or less than 1.0% shall be
paved with PCC.
3. Any proposed retaining walls not a part of the building foundations or stem walls shall be
shown on and permitted as part of the site grading plan. Profiles and structural details shall
be shown on the site grading plan and the Soils Engineer shall state on the plans that the
proposed retaining wall design is in conformance with the recommendations and
specifications as outlined in the Geotechnical report. Structural calculations shall be
submitted for review by a Consulting Engineer for all walls not covered by Regional or City
Standard Drawings. Stem walls, foundation structures, or deepened footings that are to be
constructed as part of a building structure will be permitted as part of the Building Dept. plan
review and permit process.
4. The Developer will be required to obtain permission from adjoining property owners for any
off-site grading or work necessary to construct the project and/or the required improvements.
5. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control
measures shall be provided to control sediment and silt from the project. The Developer shall
be responsible for maintaining all erosion control facilities throughout the project.
6. The Developer shall be responsible for the recycling of all excavated materials designated
as Industrial Recyclables (soil, asphalt, sand, concrete, land clearing brush and rock) at a
recycling center or other location(s) approved by the City Engineer.
7. A Construction General Permit is required from the State Water Resources Control Board for
all storm water discharges associated with a construction activity where clearing, grading,
and excavation results in a land disturbance of one or more acres.
8. All blasting operations performed in connection with the improvement of the project shall
conform to the City of Escondido Blasting Operations Ordinance.
9. All existing foundations, structures, trees not otherwise noted to remain or be relocated shall
be removed or demolished from the site.

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

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DRAINAGE
1. Final on-site and off-site storm drain improvements shall be determined to the satisfaction of
the City Engineer and shall be based on a Drainage Study to be prepared by the Engineer of
Work. The drainage study shall be in conformance with the City of Escondido Design
Standards.
2. The Developer shall remove the existing curb inlet along the project’s Hale Ave frontage and
construct a new curb inlet and modular wetland unit with the required Hale Avenue street
widening.
3. All on-site storm drains not in public easements are private. The responsibility for
maintenance of these storm drains shall be that of the Property Owner.
4. The project shall limit drainage flows to their pre-construction rates. Details and calculations
for the detention basins shall be submitted and approved as part of the grading plan check.
5. A Storm Water Quality Management Plan (SWQMP) in compliance with the City’s latest
adopted Storm Water Design Manual shall be prepared for all newly created or replaced
onsite impervious areas, impervious frontage, and required offsite improvements. The
SWQMP shall be submitted for approval with the final improvement and grading plans. The
SWQMP shall include treatment calculations, post-construction storm water treatment
measures, and maintenance requirements and responsibilities both for onsite treatment and
also any “Green Street” facilities located in the public right-of-way. The SWQMP shall
demonstrate how proposed proprietary best management practices meet bio-filtration
treatment requirements in accordance with the City’s Storm Water Design Manual.
6. All site drainage with emphasis on the parking and driveway areas shall be treated to remove
expected contaminants using a high efficiency non-mechanical method of treatment. The
City highly encourages the use of bio-retention areas as the primary method of storm water
retention and treatment. The landscape plans will need to reflect these areas of storm water
treatment.
7. The Developer will be required to have the current owner of the property sign, notarize, and
record a Storm Water Control Facility Maintenance Agreement.
8. All storm water treatment and retention facilities and their drains including the bio-retention
basins and planters, any permeable paver areas shall be considered private. The
responsibility for maintenance of these post construction storm water treatment facilities shall
be that of the Property Owner.

WATER SUPPLY
1. Based on a 1500 gpm fire flow determined for this project by the Fire Department, the existing
8” water main in Hale Avenue will not be required to be upsized. If the fire flow requirements
increase, the existing 8” water main in Hale Avenue may need to be upsized to provide
adequate water service and/or fire protection to the proposed project. The Developer will be
required to design and construct an onsite public 8” looped water main that shall serve the 2

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required onsite fire hydrants, the detector check assembly for the fire sprinkler system, and
the potable water meter.
2. The locations and sizing of all required water mains, water services, fire hydrants, detector
check assemblies, and other water appurtenances shall be designed and installed to the
satisfaction of the Director of Utilities and the Utilities Engineer.
3. Improvement plans for all proposed water mains shall be prepared by a Civil Engineer and
submitted to the City of Escondido for review and approval.
4. All water improvements shall be designed and constructed per the City of Escondido Design
Standards and Standard Drawings, and to the satisfaction of the Utilities Engineer.
5. All public water mains shall be located under asphalt or concrete pavement and not under
curbs, gutters, medians or sidewalks.
6. The Developer shall install Fire hydrants together with an adequate water supply at locations
approved by the Fire Marshal.
7. All proposed/required fire hydrants shall be public and meet the current City of Escondido
Standards, and shall connect to a minimum 8” diameter public water main.
8. Water services, meters and backflow prevention devices shall be a minimum of 1-inch in size.
Water meters and backflow prevention devices shall not be installed within driveway aprons
or drive areas.
9. Backflow prevention assemblies are private and should be located on private property.
Backflows shall be located directly behind the public meter.
10. All water services to be replaced, reconnected or relocated as a part of this project shall be
replaced in entirety from the public water main to the public water meter to the satisfaction of
the Utilities Engineer and Water Distribution Department.
11. All fire hydrants to be replaced, reconnected or relocated as a part of this project shall be
replaced in entirety from the public water main to the fire hydrant per the satisfaction of the
Utilities Engineer and Water Distribution.
12. No trees or deep-rooted plants shall be planted within 10 feet of any public water main.
13. All water mains within easements shall be installed under a min. 20-foot wide all-weather
road surface designed to the satisfaction of the Utilities Engineer.
14. There shall be no permanent structures or private facilities allowed within a public utility
easement. Where private storm drains are necessary, they shall be the outer-most utility.
15. The Developer shall disconnect at the public main, all water services and fire hydrants laterals
to be abandoned, to the satisfaction of the Utilities Engineer and Water Distribution
Department.
16. Fire suppression and sprinkler systems beyond the Detector Check Valves are private and
shall be designed and constructed per current Building, Plumbing, and Fire Code Standards,
and per the requirements of the City Fire Marshal and City Building Official and shall be
approved by a separate submittal to the Building Department.

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SEWER
1. A private 6” minimum PVC sewer lateral with a standard clean-out within 18” of the public
utility easement/sewer easement/right-of-way shall be constructed for the proposed project.
All sewer laterals shall be constructed per current City of Escondido Design Standards and
Standard Drawings and Uniform Plumbing Code. The developer may use an existing sewer
lateral provided it is 6” in diameter and has been inspected via CCTV and found to be in good
condition.
2. All sewer laterals are considered private and the Property Owner is responsible for all
maintenance of their sewer lateral to the public sewer main.
3. No trees or deep-rooted bushes shall be planted within 10 feet of any sewer lateral, or within
15 feet of any sewer mains.
4. All abandoned sewer laterals shall be removed or capped at the property line and so noted
on the improvement plans to the satisfaction of the Utilities Engineer.
5. Any new development whose wastewater discharge may contain pollutants not normally
found or in concentrations in excess of those normally found in domestic wastewater shall
require a wastewater discharge permit according to the Escondido Municipal Code, Chapter
22, Article 8. New users shall apply at least ninety (90) days prior to connecting to or
contributing to the City's wastewater system and a permit must be obtained prior to
commencement of any discharge to the system.

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

EASEMENTS AND DEDICATIONS

1. All easements, both private and public, affecting subject property shall be shown and
delineated on the Grading and Improvement Plans.
2. The developer shall dedicate 9 feet of right-of-way along Hale Avenue to the City of
Escondido per the approved Hale Avenue Specific Alignment Plan.
3. Public easements for sewer, water, traffic signal equipment, etc. which are deemed
necessary by the City Engineer and/or Utility Engineer shall be granted to the City.
4. A public utility easement or water easement shall be granted to the City of Escondido for any
proposed public waterlines within the project. The easement shall include all fire hydrants,
water meters and other public water appurtenances. The minimum easement width for public
mains shall be 20-feet.
5. The Developer is responsible for making the arrangements to quitclaim any easements of
record which conflict with the proposed development prior to approval of the Grading plans

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and Building Permits. If an easement of record contains an existing utility that must remain
in service, proof of arrangements to quitclaim the easement once new utilities are constructed
must be submitted to the City Engineer prior to approval of the Grading plans. Building
Permits will not be issued for construction which will conflict with existing easements or
utilities, nor will any securities be released until the existing easements are quitclaimed.
Material necessary for processing a dedication or easement shall include: a current grant
deed or title report, a legal description and plat of the dedication or easement signed and
sealed by a person authorized to practice land surveying (document size) and traverse
closure tapes. The City will prepare all final public documents.

REPAYMENTS AND FEES

1. A cash security shall be posted to pay any costs incurred by the City to clean-up eroded soils
and debris, repair damage to public or private property and improvements, install new BMPs,
and stabilize and/or close-up a non-responsive or abandoned project. Any moneys used by
the City for cleanup or damage will be drawn from this security and the grading permit will be
revoked by written notice to the Developer until the required cash security is replaced. The
cleanup cash security shall be released upon final acceptance of the grading and
improvements for this project. The amount of the cash security shall be 10% of the total
estimated cost of the grading, drainage, landscaping, and best management practices items
of work with a minimum of $5,000 up to a maximum of $30,000, unless a higher amount is
deemed necessary by the City Engineer.
2. The Developer shall be required to pay all development fees of the City then in effect at the
time, and in such amounts as may prevail when building permits are issued.

UTILITY UNDERGROUNDING AND RELOCATION

1. All existing overhead utilities within the subdivision boundary or along fronting streets shall
be relocated underground as required by the City’s Undergrounding Ordinance. The
developer may request a waiver of this condition by writing a letter to the City Engineer
explaining his/her reasons for requesting the waiver. The developer will be required to pay
a waiver fee as adopted by City Council Resolution.
2. The Developer shall sign a written agreement stating that all such arrangements as may be
necessary to coordinate and provide utility construction, relocation and undergrounding have
been made. All new utilities shall be constructed underground.

SURVEYING AND MONUMENTATION

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

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Planning Commission

FIRE

1. Emergency back up power shall be provided to maintain emergency evacuation procedures

(moving vehicles to ground floor in the event of a fire).

2. All underground fire lines, fire sprinklers, and fire alarm plans shall be deferred submittals to
the Escondido Fire Department.

3. Minimum fire flow is 1500 GPM and hydrant spacing at 350ft. Hydrant shall be within 40ft of
the FDC location (in an approved location).
.

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Planning Commission

EXHIBIT “D”
PROJECT PLANS

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Planning Commission

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Planning Commission

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Planning Commission

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Planning Commission

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Planning Commission

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Planning Commission

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Planning Commission

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Planning Commission

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Planning Commission

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Planning Commission

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Planning Commission

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