agenda item no.: date: august 22, 2006€¦ · agenda item no.: _____ date: august 22, 2006 case...

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Agenda Item No.: _______________ Date: August 22, 2006 CASE NUMBERS: 2005-21-PD/SPA and ER 2005-13 APPLICANT: Craig W. Clark, Escondido Development, LLC LOCATION: On West Valley Parkway in downtown Escondido northwesterly of the intersection of West Valley Pkwy and Maple Street, addressed as 250 West Valley Parkway (APN 229-372-20 & 229-381-15) currently developed as a parking lot between City Hall and the CCAE Conference Center. Proposed offsite utility improvements would be necessary north of the project site in Grape Day Park and intersection improvements at Maple Street and West Valley Parkway, Second Avenue and Maple Street, as well as Orange Street and West Grand Avenue. TYPE OF PROJECT: Specific Plan Amendment, Planned Development, and Mitigated Negative Declaration. PROJECT DESCRIPTION: Approximately 1.15 acres northwesterly of the intersection of Maple Street and West Valley Parkway requesting an Amendment to the Civic Center District of the Downtown Specific Plan in conjunction with a Preliminary and Master Development Plan to add hotels as an allowable use and adoption of site specific development standards to allow a 9-story hotel with 196 rooms and related facilities that include a restaurant, health club, and administrative offices. Proposed development standards include a maximum building height of 75' feet and project-specific parking standards for 209 parking spaces to be built in the hotel’s two underground parking levels based on studies conducted by Walker & Associates and resulting in a reduction of 75 surface parking spaces that currently exist between City Hall and the California Center for the Arts. A Planned Development application, in conjunction with a Preliminary and Master Development Plan for the facility, also is proposed. Minor modifications also are proposed to the California Center for the Arts Escondido, including the relocation of a service door in the northeast corner and the relocation of the existing reader-board sign on West Valley Parkway. STAFF RECOMMENDATIONS: 1. Approval of the requested Amendments to the Downtown Specific Plan and Master Development Plan applications as described in the project descriptions. 2. Approval of Mitigated Negative Declaration ER 2005-13 and adoption of the Mitigation Monitoring and Reporting program. GENERAL PLAN DESIGNATION/TIER: SPA-9, Central/Tier 1 ZONING: Downtown Specific Plan (SPA-9) Civic Center District, Vehicle Parking District, and Retail Overlay. BACKGROUND/SUMMARY OF ISSUES: Previously, the subject application was processed together with a mixed-use project on the southeast corner of Maple and West Valley Parkway. During the public hearings, a great deal of public and Planning Commission discussion focused on the mixed-use component. Subsequently, the applicant withdrew the mixed-use component from consideration. Its status is uncertain. However, it is clear that it is not part of the subject application. A revised Mitigated Declaration has been prepared that only covers the hotel project. Discussion of the mixed-use project has been limited to evaluating its cumulative effects. If it proceeds, it would likely be analyzed in an Environmental Impact Report along with other amendments to the Downtown Specific Plan. The hotel is sized and designed to reflect market needs of groups likely to use the conference facilities. It is expected that the hotel would be a Marriott brand franchise that would be operated by Sage Hospitality, a nationally recognized operator with strong marketing capabilities. The hotel project before the Planning Commission is the same hotel design considered on May 16, 2006. However, the request is different in that no offsite parking structure is proposed that will accommodate the relocation of the 75 parking spaces displaced by the hotel project. The development of a hotel would rely on surplus parking spaces to the north of the project site in the Woodward parking lot since it is not feasible to accommodate the hotel parking needs as well as replace the 75 parking spaces now serving City Hall and the CCAE. Additionally, the City continues to pursue the acquisition of properties that will be used to add additional parking spaces in the downtown area. Although there would be a net reduction of 75 parking spaces,

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Page 1: Agenda Item No.: Date: August 22, 2006€¦ · Agenda Item No.: _____ Date: August 22, 2006 CASE NUMBERS: 2005-21-PD/SPA and ER 2005-13 APPLICANT: Craig W. Clark, Escondido Development,

Agenda Item No.: _______________Date: August 22, 2006

CASE NUMBERS: 2005-21-PD/SPA and ER 2005-13

APPLICANT: Craig W. Clark, Escondido Development, LLC

LOCATION: On West Valley Parkway in downtown Escondido northwesterly of the intersection of West Valley Pkwy and Maple Street, addressed as 250 West Valley Parkway (APN 229-372-20 & 229-381-15) currently developed as a parking lot between City Hall and the CCAE Conference Center. Proposed offsite utility improvements would be necessary north of the project site in Grape Day Park and intersection improvements at Maple Street and West Valley Parkway, Second Avenue and Maple Street, as well as Orange Street and West Grand Avenue.

TYPE OF PROJECT: Specific Plan Amendment, Planned Development, and Mitigated Negative Declaration.

PROJECT DESCRIPTION: Approximately 1.15 acres northwesterly of the intersection of Maple Street and West Valley Parkway requesting an Amendment to the Civic Center District of the Downtown Specific Plan in conjunction with a Preliminary and Master Development Plan to add hotels as an allowable use and adoption of site specific development standards to allow a 9-story hotel with 196 rooms and related facilities that include a restaurant, health club, and administrative offices. Proposed development standards include a maximum building height of 75' feet and project-specific parking standards for 209 parking spaces to be built in the hotel’s two underground parking levels based on studies conducted by Walker & Associates and resulting in a reduction of 75 surface parking spaces that currently exist between City Hall and the California Center for the Arts. A Planned Development application, in conjunction with a Preliminary and Master Development Plan for the facility, also is proposed. Minor modifications also are proposed to the California Center for the Arts Escondido, including the relocation of a service door in the northeast corner and the relocation of the existing reader-board sign on West Valley Parkway.

STAFF RECOMMENDATIONS: 1. Approval of the requested Amendments to the Downtown Specific Plan and Master Development Plan

applications as described in the project descriptions. 2. Approval of Mitigated Negative Declaration ER 2005-13 and adoption of the Mitigation Monitoring and

Reporting program.

GENERAL PLAN DESIGNATION/TIER: SPA-9, Central/Tier 1

ZONING: Downtown Specific Plan (SPA-9) Civic Center District, Vehicle Parking District, and Retail Overlay.

BACKGROUND/SUMMARY OF ISSUES: Previously, the subject application was processed together with a mixed-use project on the southeast corner of Maple and West Valley Parkway. During the public hearings, a great deal of public and Planning Commission discussion focused on the mixed-use component. Subsequently, the applicant withdrew the mixed-use component from consideration. Its status is uncertain. However, it is clear that it is not part of the subject application. A revised Mitigated Declaration has been prepared that only covers the hotel project. Discussion of the mixed-use project has been limited to evaluating its cumulative effects. If it proceeds, it would likely be analyzed in an Environmental Impact Report along with other amendments to the Downtown Specific Plan.

The hotel is sized and designed to reflect market needs of groups likely to use the conference facilities. It is expected that the hotel would be a Marriott brand franchise that would be operated by Sage Hospitality, a nationally recognized operator with strong marketing capabilities.

The hotel project before the Planning Commission is the same hotel design considered on May 16, 2006. However, the request is different in that no offsite parking structure is proposed that will accommodate the relocation of the 75 parking spaces displaced by the hotel project. The development of a hotel would rely on surplus parking spaces to the north of the project site in the Woodward parking lot since it is not feasible to accommodate the hotel parking needs as well as replace the 75 parking spaces now serving City Hall and the CCAE. Additionally, the City continues to pursue the acquisition of properties that will be used to add additional parking spaces in the downtown area. Although there would be a net reduction of 75 parking spaces,

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significantly more parking spaces would be preserved during the construction process since the public parking lot on the southeast corner of Maple and West Valley Parkway would not be affected.

The Development Firm of CW Clark and Hensel-Phelps Development were selected by the City Council at the conclusion of a competitive process to facilitate the development of a quality hotel on the City Hall/CCAE parking lot. The City Council has sought a hotel in this location since it would expand the market draw of the existing CCAE conference facility. The proposed site is optimal since it is controlled by the city, is sufficiently large, and is adjacent to the conference facilities. In addition to improving the economic viability of the CCAE, the hotel would address goals of generating downtown activities that extend beyond daytime hours, and attracting visitors who would benefit downtown businesses.

Since the initial submittal of the hotel, numerous changes have been incorporated in response to public and Design Review Board comments. In addition to the Design Review Board meetings, there have been at least four other public meetings, including a hearing before the Planning Commission, to present and discuss project details. Comparatively few issues appeared to exist with the hotel component of the proposal. The mass and scale of the mixed-use building which was earlier associated with the project generated the most concern. Architectural drawings and associated project information have been, and continue to be posted on the Planning Division’s website at: http://www.escondido.org/depts/cd/planning/index.html.

SUMMARY OF ISSUES 1. Whether the addition of a hotel would have a beneficial effect on downtown revitalization. 2. Whether the height and mass of the hotel structure is appropriate for the site. 3. The adequacy of long-term parking opportunities. 4. Whether adequate drop-off access will still be available to CCAE users. 5. Whether sufficient provisions are in place for the disposal of groundwater that will take place during

construction.

REASONS FOR STAFF RECOMMENDATION:

1. The attraction of a quality hotel on the subject site would greatly benefit the Downtown by attracting new visitors that would patronize downtown businesses. The facility would generate activity beyond daytime hours, expand conference and theater marketing opportunities at the CCAE, and provide a strong connection between Grand Avenue and Grape Day Park.

2. The Hotel’s 75-foot height would be comparable to other large structures in the immediate vicinity. Specifically, the two theaters associated with the CCAE are 65 and 85 feet high as well as the City Hall dome, which is 50 feet. The narrow width of the site results in a relatively slender building which reduces the overall mass as viewed from the street. The hotel’s design does not raise issues regarding compatibility with the lower profile buildings on Grand due to its distance.

3. A study of the Woodward parking lot has determined that sufficient, excess, parking capacity exists. This was further substantiated by numerous staff investigations over several weeks during multiple intervals to conclude that the impact of eliminating parking adjacent to City Hall would be reduced by relying on available parking in the Woodward lot. Recent efforts to re-stripe parking spaces along Broadway and in the Woodward lot have added 10 additional stalls, including new handicap spaces. Additional efforts to re-stripe spaces in the City Hall parking lot along West Valley Parkway, as well as installing new parallel street parking are being investigated. All construction-related parking is conditioned to be located well offsite and construction employees would be shuttled to work.

4. Alternative CCAE drop-off locations occur on both Escondido Boulevard and the Woodward lot. Although continued drop-off opportunities behind the Hotel would not be feasible since the driveway between the hotel and City Hall would not accommodate large volumes of traffic, prop deliveries to the theatre’s scene room would still be possible.

5. Techniques will be employed during excavation of the subterranean garage that will ensure the proper treatment and disposal of any groundwater encountered during construction and the appropriate routing of all underground utilities. The provision of reinforcing walls and shoring devices will ensure the safety of off-site structures. Such measures are not uncommon for new development in urban environments adjacent to existing buildings.

Respectfully submitted, Jonathan H. Brindle Paul K. Bingham Director of Planning Assistant Planner II

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ANALYSIS A. LAND-USE COMPATIBILITY/SURROUNDING ZONING NORTH: Downtown Specific Plan zoning (Civic Center District) / California Center for the Arts Escondido campus,

including buildings up to 85 feet in height, are located north of the project site as is the western portion of Grape Day Park with extensive turf and large trees. The topography north of the proposed Hotel is flat.

SOUTH: Downtown Specific Plan zoning (Professional Office and Downtown Retail Districts) / Fronting on West

Valley Parkway (a Collector Road with three lanes of one-way traffic and on-street parking both sides) the project site faces the intersection of West Valley Parkway and Maple Street as well as one and two-story commercial businesses across the street. The topography south of the proposed Hotel is flat.

EAST: Downtown Specific Plan zoning (Civic Center District with a portion in the Retail Overlay) / City Hall

campus, including buildings and structures up to 50 feet in height, are located east of the project site. The topography east of the proposed Hotel is flat.

WEST: Downtown Specific Plan zoning (Civic Center District with a portion in the Retail Overlay) / California

Center for the Arts Escondido campus, including buildings up to 65 feet in height, are located west of the project site, as well as the Conference Center, which is to become part of the proposed hotel complex. The topography west of the proposed Hotel is flat.

B. AVAILABILITY OF PUBLIC SERVICES 1. Effect on Police Service – The Police Department conditions require fencing or walls to secure the hotel’s pool

area, a 911 or public telephone by the hotel’s pool, a reconfiguration of the bollards proposed in front of the hotel, and the installation of closed-circuit cameras in the parking garage. These conditions have been added as conditions of approval. With these conditions, the Police Department did not express concern regarding their ability to serve the site.

2. Effect on Fire Service – The design of the hotel reflects the input of the Fire Department. Modifications

incorporated into the hotel design include the size, number, and location of the elevators, the location and nature of stand pipes and fire sprinklers, the width and location of the easterly, emergency access road between City Hall and the hotel, and incorporation of other fire protection hardware. After revisions to the plans they have expressed no further concerns regarding their ability to serve the project site.

3. Traffic – The proposed Hotel gains access via West Valley Parkway (classified as a Collector with 64’-84’ R-O-W)

and Maple Street. The project would be required to signalize the intersections of West Valley Parkway & Maple Street, West Second Avenue & Maple Street, and install a four-way stop at West Grand Avenue & Orange Street. Based on San Diego Association of Governments’ (SANDAG) traffic generation rates for the San Diego region, the proposed hotel would generate approximately 1,537 new ADTs. The Engineering Department indicated that this anticipated increase would not significantly impact the existing Levels of Service on the adjacent streets or intersections so long as the intersections of Maple & West Valley and Maple & Second are signalized and the intersection of Grand and Orange is changed to a 4-way stop. The Engineering Department indicated the proposed project is not anticipated to have any significant individual or cumulative impacts to the circulation system or degrade the levels of service on any of the adjacent roadways or intersections so long as the three named intersections are improved.

Although the closure of Maple is not proposed with this application, the project’s traffic study analyzes project

impacts under current conditions as well as a scenario where Maple would be closed to through traffic. The resulting levels of service and nature of required mitigation measures do not change under either scenario.

The traffic study was also amended to consider the project impacts during special events such as Cruising Grand

that requires the closure of Grand Avenue. 4. Utilities – Water and sewer service provided by the City of Escondido. The Engineering Department indicated that

an off-site sewer extension is necessary to accommodate the hotel. Sewer lines will need to be extended

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northward and connect to an existing line in Grape Day Park. Only trenching and backfilling would be involved in Grape Day Park.

5. Drainage – The project site is not located within a 100-year flood zone as designated on current flood insurance

rate maps. The Engineering Department indicated the proposed project is not anticipated to materially degrade the existing drainage system with the installation of the necessary improvements. The proposed structure is located in an area with a comparatively high water table. The proposed excavating for foundations and underground parking creates the potential for groundwater migration. The parking structure is conditioned to incorporate waterproofing measures that will prevent migration of groundwater into the facility. All required dewatering will comply with Regional Water Quality Board requirements.

C. ENVIRONMENTAL STATUS 1. A revised Mitigated Negative Declaration (MND) was circulated for this project on July 27, 2006, City Log No. ER

2005-13. Key modifications were the incorporation of data from the most current Walker Parking Report, clarification of project traffic impacts with or without the closure of Maple, and evaluation of project impacts during special events such as Cruising Grand. The analysis identified several mitigation measures to address and mitigate potentially significant impacts to less than significant levels. The impacts evaluated include aesthetics, air quality, cultural resources, fire, geology & soils, parking, public services, transportation and water quality. A copy of this document, along with the mitigation measures, were posted on the City’s website.

The public review period ended on August 15, 2006. Several comments were submitted in response to the revised MND. Ms. Mary Deutsch, Esq., expressed concerns that an improper piecemealing would be created if there was any agreement between the developer and the City to develop Lot 1. No such agreement exists. Ms. Deutsch also expressed a general concern that the required mitigation measures were not sufficiently detailed. As a result, she asserts that necessary analyses were improperly deferred. She referred to a May 17, 2006 correspondence submitted by Attorney Kevin Johnson that addressed the previously proposed mixed-use project as well as the hotel. A copy of Mr. Johnson’s letter has been attached to Ms. Deutsch’s letter. Ms. Deutsch also requested that all correspondence responding to the previous MND be re-transmitted and be construed as comments on the proposed project. Kevin Johnson also submitted a revised letter stating he felt his previous comments were still applicable and asked that they be incorporated. The new letter raised a concern that the hotel project is not feasible without the previous mixed-use project. Based on his understanding, he asserts that the hotel has been improperly separated to avoid the responsibility of considering the impact of both projects. Mr. Johnson’s argument would be valid if construction of the hotel did rely on the mixed-use project, or if there were a contract with the applicant to develop Lot 1. Mr. Johnson also asserts the proposed development standards will preclude options for the broad revisions being considered to the Downtown Specific Plan. The site has no height limit since standards are to be adopted through the Planned Development Process. The proposed height does not conflict with the draft Downtown Recommendations, which allow a height of 85’ over the entire site. Mr. Johnson asserts an EIR is required since he feels a fair argument can be made that the hotel would exacerbate traffic congestion and lack of parking, and be growth-inducing. Specifically, he argues that the proposed sewer line improvements are growth inducing and asserts there will be a capacity issue at the Hale Avenue Plant. Mr. Johnson provides no evidence other than stating his understanding that it is out of capacity. The City’s Engineering staff does not agree and the Initial Study describes the route between the site and the Hale Plant and notes that there are no issues associated with this alignment. Mr. Johnson also asserts that the amount of solid waste generated by the hotel constitutes a significant impact. As described in the Initial Study, staff consulted with Escondido Disposal and did not find evidence to support his conclusion that the hotel would constitute a significant effect. Mr. Johnson also asserts that the hotel would impact Grape Day Park since a sewer line in the park would be upgraded between the site and a connection in the park. The alignment is described in detail in the Initial Study and it shows that no significant structures would be affected and that the necessary trenching would be backfilled and restored to its natural condition.

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A letter was also received from Mr. .Bill Darnell, PE, who had apparently been retained my Ms. Deutsch. Mr. Darnell commented on several aspects of the MND. He feels additional analysis should be conducted to analyze the loading of trucks in front of the project in conjunction with the disposal of material excavated for the parking structure. Mr. Darnel also requests additional analysis of truck routes and more information on the duration of construction. He also felt the loss of 75 spaces would be significant since it would put increased pressure on lot 1. Mr. Darnell also expressed concern with the use of the previous traffic analysis that included the mixed-use project. He feels a new “hotel only” study should have been prepared even though all former mitigation measures were carried over to the hotel. These measures included signals at the intersections of Second Avenue & Maple Street and Maple Street & West Valley Parkway, and the installation of a four-way stop at Grand Avenue & Orange Street. A comment letter was also received from Mr. Tom Knight. He also expressed concerns that the analysis of the hotel had been improperly piecemealed. Another copy of Mary Deutsch’s letter, signed by the Coseo’s who own the office building at 120 West Grand Ave, was also received.

All comments received during the last public review period have been transmitted to the Planning Commission. The Planning Commission must consider these before taking action on the proposal. Comments were also received earlier when the hotel was paired with the mixed-use or condo project no longer being proposed. These letters are summarized below. One was from William Clark who requested that an Environmental Impact Report be prepared since he felt the proposed Mitigated Negative Declaration lacked sufficient details and precise timeframes on anticipated construction impacts. The requested level of detail and precise dates are not specified unless needed to address a potential impact. It should be noted that construction impacts related to noise, air emissions, vibration, and traffic control were discussed in the document. Although precise details are not included as mitigation measures in the Mitigated Negative Declaration, more detailed construction plans are commonly developed in conjunction with the City’s Field Engineering Division.

A compilation of member comments was also submitted by the Downtown Business Association in a letter dated May 8, 2006. The comments addressed a range of issues. Several suggested potential measures to address short term parking needs such as establishing remote lots connected by a shuttle. Others commented on the need to provide more long term parking at either Maple and Valley or other lots such as Juniper and Grand. Other comments were that more business outreach is necessary, the parking analysis should be expanded to address Tuesdays, replacement parking should continue to be free, decisions on the pending project should be delayed until the revised Downtown Specific Plan is completed, and hotel patrons should be discouraged from using public spaces. As previously stated, the City will continue to work with surrounding businesses to provide more parking and address construction related issues.

Kathy Rubesha, a member of the Downtown Specific Plan Committee assisting with revisions to the Downtown Specific Plan, submitted a comment letter expressing support for the hotel. Mr Robert Wright submitted a general comment pertaining to the hotel and felt it lacked the charm and design that are conforming to southern California architecture. A comment letter was also received from Barry Baker. He expressed support for the hotel but expressed concern about turning the CCAE conference facility over to the Marriott Hotel. James Crone also submitted a letter in which he commented that the proposed traffic signals would alter the character of the downtown. He also expressed concern that air from the lower levels of the parking area would be vented at ground level and affect surrounding uses. He was also concerned that required fans would generate noise impacts.

2. On site groundwater is anticipated to be encountered at a depth perhaps as shallow as seven feet. Provisions and methods developed for managing the dewatering of the construction excavations will insure that sites identified in Geotechnic’s 3/18/05 environmental assessment and located within the influence area of any excavation will not be impacted. Any subsurface structure other than footings shall be designed to prevent the infiltration of groundwater into the structure without the benefit of pumps, siphons, or drains. The infiltration barrier shall have

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the same or greater life expectancy as the structure. Prior to any construction permit issuance the water quality of the groundwater on the site shall be tested and an appropriate management protocol for treatment of the groundwater shall be determined and implemented. The protocol for managing the groundwater must comply with the State Regional Water Quality Control Board and the County of San Diego Department of Environmental Health requirements.

3. A Mitigation Monitoring and reporting program has been attached to the Staff Report as Attachment B. 4. The project will have a de minimis impact on fish and wildlife resources as no stream courses, riparian habitat or

other sensitive habitat or resources will be adversely impacted by the proposed project. D. CONFORMANCE WITH CITY POLICY General Plan :

The hotel site is included in Specific Plan Area 9 of the General Plan (also known as the Downtown Specific Plan). The hotel is within the SPA-9’s Civic Center District, Vehicle Parking District, and Retail Overlay. No General Plan Amendment is required. Height: The Downtown Specific Plan (SPA-9) addresses the concept of Valley Parkway as a major City thoroughfare and recognizes the position of City Hall and the CCAE as Escondido’s civic center. The flow of east/west vehicular traffic along Valley Parkway and Second Avenue is expected to increase as the City grows. As in other cities, these types of corridors are generally suited for more intensive development. Several similarly sized structures have been located in relative proximity to Grand Avenue for many years without creating significant visual issues or generating requests for similarly scaled projects. Examples include Palomar Hospital (120’ high) and the Vita Gold silos (over 100’ high), which are located west and east of the Retail Core It should also be noted that the SBC building at Broadway and Second, City Hall’s dome at Broadway and Valley Parkway, and the two Art Center towers at Valley Parkway and Escondido Blvd incorporate elements that range in height from 50’ to 85’. Therefore, the presence of some similarly scaled buildings would provide some context. Based on past history and the nature of current requests, it is unlikely that the height of the hotel would lead to a proliferation of similarly sized buildings. The architecture of the hotel facing and addressing Valley Parkway continues this concept.

E. ANALYSIS Benefit of a Hotel to the Downtown

The hotel would operate the existing CCAE conference facilities. The hotel has been sized to accommodate groups likely to utilize these facilities. The hotel would expand conference marketing opportunities, and customers are likely to support downtown restaurants and shops which are within walking distance. The standards of a hotel are similar in scale and intensity to the adjacent CCAE and City Hall complexes and is consistent with the Civic Center District language (on page 105 of the Specific Plan) which has a goal for this area to form the center of Downtown and to serve both the City as well as the North San Diego County region.

Parking Walker Parking Associates prepared a detailed, parking utilization study which is posted on the City’s website at

the following address: http://www.ci.escondido.ca.us/depts/cd/planning/walker/study.pdf. The final report reflects comments received on the original document.

The hotel provides 209 subterranean parking spaces. This amount is less than the amount that would be required by citywide parking standards but more than found necessary by a site specific parking analysis prepared by the City’s parking consultant, Walker Parking Consultants. Their study factored in the nature and location of the hotel whereas the citywide standards do not. The citywide standards in effect since 1967 call for one space per hotel unit and one space for each 100 SF of restaurant/bar area.

The Walker parking study analyzed combined parking demands for each hour. It recognizes that peak parking

demands for each activity occur at different times, and that parking demand would be reduced since people already parked in the downtown and those staying in the hotel, can walk to the restaurant. As a result, they found that a total of only 199 spaces were required. This analysis is summarized on page 24 of the Walker study.

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The Walker study also analyzed other pending projects to determine whether they would adversely affect existing conditions. Walker evaluated each of the pending projects and found that all but one provided adequate parking. Based on their analysis, they concluded that pending projects would not degrade the amount of surplus parking.

Concern has been expressed about the interim loss of parking spaces during construction as well as the

adequacy of long term parking needs. Specific concerns have been expressed regarding the adequacy of the hotel parking.

Parking in the 75 spaces on the lot where the hotel site is, as well as the 11 CCAE spaces west of the proposed hotel will not be available during construction. Interim parking, during construction, will be available in the Woodward parking lot north of the CCAE, on the public Lot 1 (119 spaces) across the street, and on surrounding public streets. The Walker study surveyed the Downtown on 3 different days, at different times of the day, to determine the amount of parking available. Their studies were done on a Tuesday and Wednesday, assessing daytime impacts of the Farmer’s Market and on a Friday evening assessing impacts of Cruising Grand. They found that the maximum utilization of on-street parking spaces occurred on a Tuesday and was 49%. They found that the maximum utilization of public parking lots was 76%, also on Tuesday. Staff surveys of the 906 space parking lot north of the CCAE and City Hall, south of Woodward were conducted on Tuesday and Wednesday. The revised survey found that the maximum utilization of this lot was 48%. Walker Parking Consultants also analyzed how large events at the CCAE would affect utilization rates. Table 7 of the report concludes that there would still be a surplus, although smaller than previous surveys indicated. Based on these figures, they concluded that adequate parking would be available. Concerns have been expressed that too large an area was surveyed to determine parking availability. Downtown merchants cite a difference between close, convenient spaces, and more distant spaces that requires a long walk. It is clear the loss of a heavily used parking lot will be inconvenient to surrounding businesses and their patrons. However, the issue is whether this is an undue burden and whether it rises to a significant effect given the amount of less proximate parking.

Relationship of the hotel structure on historic resources

A search of City records regarding the site did not reveal any sensitive cultural resources. In addition, an assessment was received on 4/17/06 from Archaeos. This report states that further analysis likewise found no sensitive cultural resources, but recommended that an archaeological monitor be present on the site during grading and excavation to a depth of eight feet. The presence of a monitor has now been added as a condition to the project. The project is conditioned to protect the structural integrity of all nearby buildings during all phases of construction by the types of equipment used, added protection procedures and minimally invasive building techniques to be implemented.

The Downtown Specific Plan (SPA-9) offers no definitive standards in this situation. The proposed hotel and the

existing CCAE buildings, all of which address the West Valley Parkway corridor, do incorporate design elements borrowed from the historic Grand Avenue buildings to the south as a gesture.

Maple Street Design Although plans are currently being studied for the closure, or significant modification of Maple Street between

Grand and Valley Parkway, the proposed hotel project would not be affected since project traffic impacts were studied with Maple open as well as closed. Project traffic can be accommodated under both scenarios. The signalization of Maple and Valley Parkway, and pedestrian corridor between City hall and the hotel will achieve an important pedestrian connection between Grand Avenue and Grape Day Park.

Access to The CCAE Parents who currently use the parking lot on the hotel site to drop off their children for performances have

expressed concern since they will now have to park and escort their children into the theatre. Concerns have also been expressed that non-experienced truck drivers, such as volunteer parents, who sometimes deliver props to the CCAE, will have a difficult time utilizing the proposed access drive on the eastern and northern sides of the hotel. Parents have also expressed concern that the access between City Hall and the CCAE is not available to drop off their children. Opportunities to drop off children will still occur in the Escondido Boulevard turnout as well as in the Woodward Parking lot. It is noted that these opportunities are less convenient than existing conditions for parents with young children that must be escorted to the door.

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Staff explored the possibility of allowing the access road between the Hotel and City Hall to be used for dropping

off children. However, its width and limited turnaround area make it unsuitable for anything other than emergency access and vehicles transporting materials to the CCAE. The turnaround area is large enough to accommodate infrequent truck traffic. However, the CCAE staff has expressed some concern that it may not be easy for inexperienced truck drivers.

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SUPPLEMENT TO STAFF REPORT/DETAILS OF REQUEST A. PHYSICAL CHARACTERISTICS The properties currently contain the Art Center/Conference Center and City Hall buildings, parking lots, and extensive landscaping. Most of the construction for the proposed hotel will be confined to the area of the existing parking lot between the Conference Center and City Hall. B. SUPPLEMENTAL DETAILS OF REQUEST 1. Property Size: Approximately 1.15 acres of hotel and grounds footprint from the 7.42 acre site

containing the CCAE (3.32 acres) & City Hall (4.1 acres). It is proposed that the existing Conference Center adjacent to the hotel will also be on its own approximately 1.14 acre parcel created by a future Parcel Map.

2. Building area: Suites: 93,588 SF (levels #2-5: 15,782 SF, levels #6&7: 15,230 SF) Restaurant/Bar: 3028 SF Kitchen 3110 SF Meeting Space: 1299 SF Secondary Offices: 1672 SF Fitness/Health Club 1976 SF Parking Levels (2): 78,370 SF Total (basement level #2: 39,545 SF, basement level #1: 38,825 SF) Service/Misc.: 13,815 SF Total Structure: 196,858 SF 3. Building Height: 75 feet, 9 stories with 7 stories above ground, 2 stories (parking) underground 4. Materials/Colors: Typical high-rise steel & concrete construction, beige and white façade, green or blue

glass 5. Parking Proposed: Standard spaces: 202 Handicap spaces: 7 Tandem Spaces: 0 Total Spaces: 209 (existing parking in front of City Hall and Conference Center along EVP remains) 6. Noise Ordinance: Single-family residential maximum at property line: 50 dB daytime, 45 dB nighttime. Multi-family residential maximum at property line: 55 dB daytime, 50 dB nighttime. Commercial maximum at property line: 60 dB daytime, 55 dB nighttime. 7. Hours of Operation: 24 hours/day, 7 days/week. C. CODE COMPLIANCE ANALYSIS 1. General Plan: SPA-9 (Downtown Specific Plan) 2. Zoning: SPA-9’s Civic Center District (also within Vehicle Parking District, Retail Overlay) 3. Setbacks: Proposed Required Front (south) Approx 60’ As required through the PD/SP process Rear (north) Approx 67’ As required through the PD/SP process Side (east) Approx 4’ As required through the PD/SP process Side (west) Approx 69’ As required through the PD/SP process

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4. Building Height: Proposed Required 75’ (7 stories above ground) CC District: through the PD/SP process 5. Parking: Hotel-Business: 209 spaces 199 spaces (at peak demand)** Surplus spaces: 0 spaces 10 spaces** Total Structure: 209 spaces 209 spaces

**The Walker Study demonstrates that when the hotel’s proposed suites, restaurant/bar, kitchen, meeting room, office, fitness/health club, and hotel housekeeping spaces are coupled with the hourly demand for parking, the peak demand for parking will be 199 spaces at 8:00 AM, as figured at highest anticipated occupancy levels. The joint-use nature of a functioning hotel requires far less stalls than the City’s Parking Code adopted in 1967 would indicate when applied individually to the various component uses within a hotel. Note: The site will lose 75 existing public parking spaces to the construction of the hotel. The surplus spaces in the Woodward lot to the north have ample to cover this need. Total spaces private to the hotel will be 209. (Parking in front of City Hall and Conference Center, in the lot across the street and along EVP remain.)

6. Hours of operation: 24/7 Alcohol sales without the availability of food,

or live entertainment will require a Conditional Use Permit. will operate per code. Other without food uses (nightclub, etc.) would require a CUP.

7. Noise Ordinance: Single-family residential maximum at property line: 50 dB daytime, 45 dB

nighttime. Multi-family residential maximum at property line: 55 dB daytime, 50 dB nighttime. Commercial maximum at property line: 60 dB daytime, 55 dB nighttime.

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EXHIBIT ”A”

FINDINGS OF FACT/ FACTORS TO BE CONSIDERED 2005-21-PD/SPA, ER 2005-13

Planned Development/Specific Plan Amendment 2005-21-PD/SPA 1. The project would not result in the destruction of desirable natural features, nor be visually obstructive or

disharmonious with surrounding areas since the site is not located on a skyline or intermediate ridge, and the site does not contain any significant topographical features or biological habitat. The proposed grading design would not result in any manufactured slopes or building pads that would create any significant adverse visual or compatibility impacts with adjacent lots, nor block any significant views, as discussed in the land-use compatibility and analysis sections of the staff report. Landscaping would be installed on any manufactured slopes, and the loss of mature trees would be replaced in conformance with the City’s Landscape Ordinance.

2. The site is suitable for the type of development proposed since the project site is in the Civic Center District within

the Retail Overlay and the site is near other similar large structures. Adequate access and public utilities can be provided to the site. All vehicular traffic generated by the project will be accommodated safely and without degrading the level of service on the adjoining streets or intersections.

3. The site is physically suitable for the proposed density of the underlying General Plan S-P land-use designation as

described in the sections above. Adequate access and public utilities can be provided to the site. The proposed project also would not result in any adverse impacts to historical or biological resources on and off the site.

4. The design of the structure, tentative map and the type of improvements proposed by this project are not likely to

cause serious public health problems since the project would not degrade the levels of service on the adjoining streets or drainage systems. Adequate water and sewer could be provided to the site. The project would not cause substantial environmental damage nor injure fish, wildlife or their habitat since there is no sensitive habitat located on the site. The project would not create any significant noise impacts to adjacent properties due to the existing ambient noise levels, nature of the project, and limited traffic increase created by the project. Appropriate interior noise levels would be provided in conformance with the Escondido General Plan and City’s Noise Ordinance requirements.

5. The design of the project and the type of improvements will not conflict with easements of record, or easements

established through court judgments, or acquired by the population at large, for access through, or use of property within the proposed map since any existing easements will either be accommodated within the project design; be quitclaimed prior to recordation of the map; or alternate provisions provided.

6. All of the requirements of the California Environmental Quality Act (CEQA) have been met and a revised Mitigated

Negative Declaration ER 2005-13 was circulated for the proposed project on July 27, 2006. 8. The design of the project has provided, to the extent feasible, for future passive or natural heating or cooling

opportunities. 9. All permits and approvals applicable to the proposed project pursuant to the Escondido Zoning Code will have

been obtained prior to occupancy.

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EXHIBIT “B”

CONDITIONS OF APPROVAL

(Ultimate responsibility for each Condition of Approval will fall on either the developer or City in accordance with the terms of the Disposition and

Development Agreement) General

1. All construction shall comply with all applicable requirements of the Escondido Zoning Code and requirements of

the Planning Division, Director of Building, and the Fire Chief. 2. The legal description attached to the application has been provided by the applicant and neither the City of

Escondido nor any of its employees, commissioners, or board members assumes responsibility for the accuracy of said legal description.

3. Fire hydrant spacing and location must be approved by the Fire Department prior to commencement of construction. The number, timing and minimum GPM fire flow shall be coordinated with the Fire Chief.

4. Access for use of heavy fire fighting equipment, as required by the Fire Chief, shall be provided to the job site at

the start of any construction and maintained until all construction is complete. Also, there shall be no stockpiling of combustible materials, and there shall be no foundation inspections given until on-site fire hydrants with adequate fire flow are in service to the satisfaction of the Fire Marshall.

5. No blasting will be allowed to occur in conjunction with this project. 6. All required landscape improvements shall be installed and all vegetation growing in an established, flourishing

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

7. All habitable space within the proposed project shall be noise-insulated to maintain interior noise levels not to exceed

45 dBA or less. A final interior noise assessment shall be submitted with the building plans demonstrating compliance with the interior noise requirements. Recommendation of the study shall be included in the building plans.

8. The location of proposed fences and walls shall be indicated on the grading, building and landscape plans, and

design, color and material of the walls indicated on the building and landscape plans. All safety fencing around the pool shall be depicted on the building plans and installed to the satisfaction of the Planning Division and Police Department prior to occupancy.

9. All requirements of the Public Partnership Program, Ordinance No. 86-70 shall be satisfied prior to building permit

issuance. The ordinance requires that a public art fee be added at the time of the building permit issuance for the purpose of participating in the City Public Art Program

10. All exterior lighting shall conform to the requirements of Article 1072, Outdoor Lighting (Ordinance No. 86-75). 11. All project generated noise shall conform to the City’s Noise Ordinance (Ordinance 90-08), to the satisfaction of

the Planning Division. 12. Prior to issuance of building permits, an analysis shall be conducted to ensure that operation of the wireless

equipment on the top of the CCAE flytower will not be impacted, and that Radio Frequency exposure levels of hotel occupants fall within acceptable limits to the satisfaction of the Planning Division.

13. Vents for the underground parking structure shall not discharge at ground level. Plans for discharging air shall be

included on the building plans and installed to the satisfaction of the Building and Planning Divisions.

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15. Decorative pavement shall be installed in the access way between the hotel and City Hall to the satisfaction of the Planning Division.

16. A permit for the sale of alcoholic beverages shall be obtained prior to any sales of alcohol. A Conditional Use Permit shall be required to permit alcohol sales to occur when food sales shall be available at all times alcohol is sold. A separate.

17. The access road between City Hall and the hotel shall be consistent with the design drawings to the satisfaction of the Planning Division and Fire Department.

18. In conjunction with the Precise Plan application, plans for relocating the service door at the northeast corner of the

California Center for the Arts Escondido Theater shall be to the satisfaction of the Planning Director. 19. Prior to Building permit issuance a parcel map shall be recorded for the hotel to establish the facility on its own

legal lot of record. 20. Prior to building permit issuance a Precise Development Plan shall be submitted by the applicant and approved by

the Planning Commission or City Council on appeal. Parking

1. The hotel shall have two (2) levels of underground parking and provide a minimum of 209 parking spaces (based on the revised drawings of 10/12/05. All new parking spaces shall be double-striped to a minimum dimension of eight and one-half feet wide and 18 feet deep with a 24’ backup space as a minimum.

2. A minimum of seven (7) of the parking spaces in 1 above shall be provided for disabled persons. Said spaces shall be 17 feet wide and 18 feet deep, level, marked "Van Accessible" and shall comply with Chapter 2-71, Part 2 of Title 24 of the State Building Code.

3. Parking space striping/markings and wheel stops shall be drawn on the building plans, or a note shall be included on the plans indicating the intended striping/markings. The grading plans shall indicate that the slope of disabled access parking spaces will not exceed 2%.

4. The City reserves the right to enforce and regulate conditions within the parking garage as they relate to public safety and accessibility.

Development Standards/Landscaping: 1. Four copies of a detailed landscape and irrigation plan(s) shall be submitted prior to issuance of Grading or

Building permits, and shall be equivalent or superior to the concept plan received 10/17/05 to the satisfaction of the Planning Division. A plan check fee will be collected at the time of submittal. The required landscape and irrigation plan(s) shall comply with the provisions, requirements and standards in Ordinance 93-12. The plans shall be prepared by, or under the supervision of a licensed landscape architect.

2. Any existing trees to remain on the project site and any to be relocated, removed or replaced shall be identified on

the landscape and grading plans, to the satisfaction of the Planning Division. 3. All areas in this proposed development which are not used for structures, parking, driveways, approved storage, or

walkways, shall be landscaped. Overall use of turf shall not exceed 25% of the landscapable area of the site. Parking areas are to receive trees, low shrubs and groundcover with no turf.

4. Prior to building occupancy, all required landscape improvements shall be installed and all vegetation growing in

an established, flourishing manner. The required landscaped areas shall be free of all foreign matter, weeds and plant material not approved as part of the landscape plan.

5. Any slopes in excess of 3’ shall be landscaped with suitable material to control erosion. All manufactured slopes

over three feet in height shall be landscaped with a combination of trees, shrubs and groundcover. Fill slopes shall have a minimum of six (6) trees, fifteen (15) gallon in size and ten (10) shrubs, five (5) gallon size per 1,000 square feet of slope area plus ground cover. Groundcover shall provide one hundred percent coverage within one year of installation. Cut slopes shall have a minimum of six (6) trees, five (5) gallon in size and ten (10) shrubs,

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one (1) gallon size per 1,000 square feet of slope area plus ground cover. Groundcover shall provide one hundred percent coverage within one year of installation. The type of plant material shall be low maintenance, drought resistant, and fast growing, to the satisfaction of the Planning Department.

6. Street trees shall be provided along every frontage within, or adjacent to the project site in conformance with the

Escondido Landscape Ordinance and Street Tree List. Specimen size trees (min. 24” box per nursery standards) along with shrubs and groundcover, shall be incorporated into the landscape designs. If existing mature trees on site are removed, they shall be replaced with specimen sized trees in conformance with the City’s tree preservation requirements at a minimum 1:1 ratio.

7. Any proposed walls and retaining walls shall be constructed out of decorative material to the satisfaction of the

Planning Division. The materials and location of the wall(s) shall be identified on the final landscape plans. 8. 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.

9. The revised site plan and/or landscape plan shall incorporate measures to the satisfaction of the Planning

Division, which screen peripheral views of exterior parking and loading areas. Possible screening measures may include a combination of screen walls, fencing, or significant amounts of landscaping in connection with berming.

Development Standards/Fire:

1. Fire protection facilities and improvements shall be subject to the approval of the Fire Department.

2. Adequate water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material accumulates. In addition, access for use of heavy fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is completed.

3. Distance between stand pipe connections is not to exceed 300'.

4. Electric switches for all gates shall be Knox Key and Strobe light activated.

5. Repeater or amplifier systems to be provided throughout hotel building for proper operation of 800 MHz radio systems.

6. A Fire Technical Opinion and Report, a funding method for fire lane, gate & equipment maintenance, and a Fire Protection Plan will all be required prior to plan check approval from the City’s Fire Department.

7. FDC and PIV locations must be indicated on the hotel, conference center, and community theater project plans prior to approval.

8. Stairwell access doors shall be provided to the satisfaction of the City’s Fire Chief.

9. Water availability for fire suppression and location of industrial hydrants around the proposed structure to be provided to the satisfaction of the City’s Fire Chief.

10. Fire Control must be labeled for the hotel structure and the contents to be provided to the satisfaction of the City’s Fire Chief.

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Development Standards/Building:

1. A barrier fence or block wall of 8’ in height and a 911 or public telephone shall be required around the proposed pool and spa area.

2. Safety bollards in numbers, sizes and locations acceptable to the City’s Police, Fire, and Building Departments shall be installed in front of the hotel entrance and elsewhere deemed vital for building security.

3. A system of cameras, an entity to monitor activity and respond as appropriate, shall be designed and installed in all parking garages to the satisfaction of the Police Department.

4. Disabled accessible paths of travel are required from the public way to the satisfaction of the Building Division.

5. A vertical clearance for disabled accessible vans of 8’-2” must be maintained.

6. Disabled accessible parking and unloading space locations to comply with CBC. Unloading space to be on the passenger side of the vehicle. Per section 1129B CBC persons using these spaces shall not be compelled to wheel or walk behind any vehicle other than their own.

7. An exiting Analysis will be required for the main floor of the hotel and interconnection to the existing conference center to show compliance with Chapter 10, CBC.

8. All hotel stair enclosure terminations to be in compliance with Chapter 10 of the CBC. An exiting Analysis required.

9. All parking structure walkways will require a minimum of 48" clear width, accessible path of travel. Wheel stops or other design elements must address this requirement.

10. Exit doors from stair enclosures at the Ground Level shall swing in the direction of egress. All exit access doors to comply with the provisions of Chapter 10, CBC.

11. An onsite water supply is required for all high rise structures per Section 403.2.1 CBC.

12. Executive offices over 3000 SF require two means of egress.

13. Approval and subsequent development is subject to all the applicable conditions and requirements of the Uniform Building Code, California Building Code, and the City’s Building Division.

Signage:

1. “No Loitering/Skateboarding” signs sponsored by the City of Escondido are to be put up around the property per the City’s Police Department. (For assistance call John Russo at 760-839-4948.)

2. Prior to building permit issuance, plans for the relocation, modification, or elimination of the existing CCAE sign shall be approved by the Planning and Building Divisions. Said plans shall be prepared in consultation with the CCAE staff.

3. Approval of this project in no way implies approval of any other signs or sign location. Signage details consistent with the Civic Center District and Retail Overlay’s standards shall be depicted on the Precise Development Plan. A separate permit shall be required.

Development Standards/Other:

1. The standard Storm Water Urban Runoff forms and Hazardous Waste disclosure statements must be completed and returned to the Planning Division prior to final approvals.

2. Exterior lighting for safety and security purposes is recommended by the City of Escondido’s Police Department. All new lighting shall be shielded and arranged so as not to reflect upon adjoining property or streets. Exterior lighting shall conform to Article 35 of the Zoning Code.

3. All new utility service shall be undergrounded.

4. This project shall conform to the Public Art Partnership Program, Article 37 of the Escondido Zoning Code.

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5. No utilities shall be released for any purpose or Certificate of Occupancy issued until all requirements of the Planning, Engineering, and Building Departments have been completed.

6. The plans submitted for building permit shall include notes or details containing the necessary work involved in complying with these project conditions.

7. A plan must be submitted to provide continuous AC, utilities and parking to the CCAE & City Hall during and after construction.

8. An ADA Boarding pad, bus stop shelter & trash shall be added on the north side of West Valley Parkway.

9. All new trash bins shall have covered enclosures with drainage to a clarifier.

10. Prior to commencement of construction, a plan must be submitted for the necessary rerouting of utilities between the CCAE & City Hall including sewer, electrical, fiber optic data, copper phone, gas, drainage, hot water, chilled water, and other existing and future lines impacted by the project’s construction and is subject to approval by the City’s Building and Engineering Departments. Said improvements shall be relocated as necessary to maintain service to City Hall and the CCAE prior to the commencement of construction.

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ENGINEERING CONDITIONS OF APPROVAL

Marriot Hotel

GENERAL

1. 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 with the City of Escondido prior to issuance of building permit.

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

STREET IMPROVEMENTS AND TRAFFIC

1. A new traffic signal system shall be installed at the intersection of Valley Parkway and Maple Street. The intersection shall also be improved to comply with the new ADA standards (including reconstruction of the existing cross gutter at proposed hotel project entrance) to the satisfaction of the City Engineer. Traffic signal system and striping plans shall be prepared and submitted for review and approval by the City Engineer.

2. A new traffic signal system shall be installed at the intersection of Second Avenue and Maple Street. The intersection shall also be improved to comply with the new ADA standards to the satisfaction of the City Engineer. Traffic signal system and striping plans shall be prepared and submitted for review and approval by the City Engineer.

3. Four-way stop signs shall be installed at the intersection on Grand Avenue and Orange Street. Striping plans shall be prepared and submitted for review and approval by the City Engineer.

4. A complete signing and striping plan for all improved intersections and roadways shall be prepared and submitted to the City Engineer for review and approval. Any removal of existing striping and all new signing and striping shall be done in accordance with the approved signing and striping plans.

5. A detailed detour and traffic control plan, for all construction within existing rights-of-way, shall be prepared to the satisfaction of the Traffic Engineer and the Field Engineer. This plan shall be approved prior the issuance of an Encroachment Permit for construction within the public right-of-way.

GRADING

1. A site grading and erosion control plan shall be approved by the Engineering Department. The first submittal of the grading plan shall be accompanied by 3 copies of the preliminary Geotechnical Report. The Geotechnical engineer will be required to indicate in the Geotechnical Report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.

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2. The project shall implement Best Management Practices during all phases of construction to control sediment and pollutants from the project site.

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

4. A General Construction Activity Permit is required from the State Water Resources 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.

DRAINAGE

1. Final drainage improvements shall be determined to the satisfaction of the City Engineer and shall be based on a Drainage Study and Water Quality Technical Report to be prepared by the engineer of work.

2. A Water Quality Technical Report shall be prepared for the project in accordance with the City’s Storm Water Management Requirements. Water Quality Technical Report shall include post construction storm water treatment measures and maintenance requirements. The W Water Quality Technical Report shall also propose modifications to the Conference Center’s trash containment area to comply with the City’s Storm Water Management Requirements.

WATER SUPPLY

1. All water main locations and sizing shall be to the satisfaction of the City Engineer. Required water main improvements shall include the followings:

a). Provide new water service for domestic use and fire protection for the Hotel, Conference Center and Community Theater for the existing 10 inch public water main on Valley Parkway.

b). Relocate existing Community Theater’s water service currently served by the existing 10 inch water line that needs to be abandoned and removed due to conflict with the proposed hotel building.

c). Abandon a section of the existing 10 inch water line that is located under the future

Marriott Hotel building and loop the remaining section of the existing 10 inch water line to connect to the new 12 inch water line in Valley Parkway. A new fire hydrant shall be installed on the new looped water line to serve the City Hall building. All work shall be subject to review and approval by the City Engineer.

2. Fire hydrants together with an adequate water supply shall be installed at locations approved

by the Fire Marshal.

SEWER

1. All sewer locations and sizing of mains shall be to the satisfaction of the City Engineer. Required water main improvements shall include the followings:

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a) Relocate existing sewer services for the City Hall and Community Theater. b) Provide a new service for the Hotel building from the existing public sewer line in Grape Day Park.

c) Upsize the existing public 8 inch sewer main (Approximately 350’) to 12 inch to accommodate for the additional sewer flow from the Hotel project.

2. All on-site sewer mains not in public easements will be considered a private sewer system.

REPAYMENTS AND FEES

1. A cash security or other security satisfactory to the City Engineer shall be posted to pay any costs incurred by the City for cleanup or damage caused by erosion of any type, related to project grading. Any monies used by the City for cleanup or damage will be drawn from this security. The remaining portion of this cleanup security shall be released upon final acceptance of the grading for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading work up to a maximum of $30,000, unless a higher amount is deemed necessary by the City Engineer. The balance of the grading work shall be secured by performance bonds, an instrument of credit, a letter of credit or such other security as may be approved by the City Engineer and City Attorney.

UTILITY UNDERGROUNDING AND RELOCATION

1. A written agreement shall be prepared stating that arrangements as may be necessary to coordinate and provide utilities construction and relocation have been made. All new utilities shall be constructed underground. All existing public and private and public utilities and communication lines, including services to the City Hall building and Arts Center complex, that are in conflict with proposed project shall be relocated prior to begin project grading, to the satisfaction of the City Engineer.

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Attachment A

Mitigation Measures The Downtown Hotel Development, LCC & the City of Escondido

2005-21-PD/SPA, ER 2005-13

The following measures must be agreed to prior to issuance of the Mitigated Negative Declaration, adopted at the time of project approval, and satisfied as part of the project implementation. Specific responsibilities for each measure will be determined in the Mitigation Monitoring Program and Disposition and Development Agreement. 1. Prior to occupancy of the Hotel, traffic control measures in the form of a four-way stop at West Grand Avenue and South Orange Street, and traffic signals at West 2nd Avenue and South Maple Street and at North Maple Street and West Valley Parkway shall be completed to the satisfaction of the Director of Public Works. Said plans shall conform to ADA accessibility and design requirements. 2. Prior to demolition of the existing cooling facility on the proposed hotel site, equivalent, interim facilities shall be operational to the satisfaction of the Director of Public Works and Building Official. 3. Prior to any issuance of building permits, flow tests shall be conducted to the satisfaction of the Director of Public Works and Fire Chief demonstrating that existing infrastructure is sufficient to achieve required fire flows. Upgrades of existing water lines, as described in environmental analysis shall be installed if necessary to achieve minimum fire flows to the satisfaction of the Director of Public Works and the City’s Fire Chief. 4. The proposed building shall be equipped with fire sprinklers and other fire protection hardware to the satisfaction of the Fire Chief. 5. Prior to the commencement of construction, a plan for the interim provision of handicapped parking spaces shall be provided to the satisfaction of the Director of Planning and Building Official. Said plan shall depict two new, handicapped parking spaces east of the existing City Hall driveway. Said spaces shall be installed prior to commencement of construction to the satisfaction of the Building Official and Director of Planning. 6. Prior to commencement of hotel construction, a detailed plan for relocating existing utilities currently located within the 1.15 acre site shall be prepared to the satisfaction of the Director of Public Works and Building Official. Said plan shall provide for uninterrupted service of both the Escondido City Hall and California Center for the Arts Escondido (CCAE) during all phases of construction. 7. Prior to any commencement of construction or issuance of building permits, detailed plans shall be approved by the Building Official and Director of Public Works depicting the waterproofing and/or installation of membranes as necessary to stop groundwater migration into the excavation site. A design groundwater level at least 5 feet above the highest observed groundwater level is to be used as an emergency backup sub-drain system installed to protect against structural damage of floors or walls. 8. Prior to commencement of construction and issuance of building permits, detailed shoring plans shall be approved by the Building Official and Director of Public Works. Said plans shall ensure the protection of adjacent roadways, structures, and emergency access. No driving of pilings shall be included in such plan for the construction of the hotel. Whatever subsurface material is encountered at the time of excavation, it shall be laid back or shored according to Cal-OSHA standards. If the excavation extends below a 1½:1 inclined plane, shoring and underpinning of surrounding structures will be required. 9. Prior to commencement of construction and issuance of building permits, detailed plans for temporary emergency access and exiting at the project site shall be approved by the Building Official and Director of Public Works. 10. Prior to commencement of construction and issuance of building permits, detailed dewatering plans shall be approved by the Director of Public Works and Building Official. Said plans shall address the disposal/treatment of groundwater, and restrict the rate of draw down to preserve the structural integrity of surrounding properties.

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11. Prior to commencement of construction and issuance of grading and building plans, a site-specific analysis shall be prepared to the satisfaction of the Director of Public Works and Building Official limiting maximum particle acceleration rates during construction as necessary to protect adjacent properties. No driving of pilings shall be included in such plan for construction of the hotel and its parking structure. Deep foundations shall be auger-cast concrete piles or caste-in-drilled-hole (CIDH) pile types. 12. Building Plans shall include articulation and recessed building designs as depicted in the submittal drawings as well as the inclusion of proper venting from the two underground parking levels above and away from neighboring receptors to the satisfaction of the Director of Planning. 13. Prior to commencement of construction, details for the pedestrian crossing at Valley and Maple shall be approved to the satisfaction of the Director of Public Works and Building Official. Said plans shall conform to ADA accessibility and design requirements. Said crossing shall be installed prior to the occupancy of the proposed hotel facility. 14. Prior to commencement of construction, a detailed plan shall be approved by the City’s Fire Chief, Building Official, and Director of Planning that depicts short term and permanent access to the California Center for the Arts Escondido as is necessary to provide for the delivery of stage props. 15. Excavations extending within 3 feet of groundwater will require temporary construction dewatering. An NPDES permit from the Regional Water Quality Control Board will have to be obtained before grading plan issuance or any discharge of dewatering effluent to the satisfaction of the Director of Public Works and Building Official. 16. In order to reduce the potential for significant damage during a seismic event, ground improvements including (but not limited) to earthquake drains, vibro-densification, compaction or jet grouting methods shall be employed. 17. Prior to commencement of construction, a qualified archaeological monitor must be provided onsite to observe all grading and excavation work to a depth of eight feet. If cultural resources are encountered, grading activities shall be redirected to allow their recovery to the satisfaction of the Director of Planning. Recovered materials shall be cleaned and evaluated off-site, and a report of findings prepared for the City at the applicant’s expense. Recovered materials shall be donated to the Escondido History Center or other accredited area repository. These terms listed above constitute an enforceable commitment pursuant to section 15070(b)(1) of the California Environmental Quality Act.

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Attachment B MITIGATION MONITORING REPORT

Mitigated Neg. Dec. No.: ER 2005-13 Page 1 of 7

PROJECT NAME: The Marriott Hotel Project PROJECT DESCRIPTION: 196-room hotel on approximately 1.15 acres. ASSOCIATED CASES: 2005-21-PD/SPA PROJECT LOCATION: Property on the north side of West Valley Parkway at Maple Street. APPROVAL BODY/DATE: PROJECT MANAGERS / CONTACT PERSON: Paul K. Bingham, Assistant Planner II (760) 839-4306

NATURE OF IMPACT MITIGATION MEASURE IDENTIFICATION. NO.

LOCATION IN DOC.

Responsibility for

Implementation

CERTIFIED INITIAL/DATE

COMMENTS

MITIGATION MEASURE TO BE IMPLEMENTED PRIOR TO OR DURING CONSTRUCTION AESTHETICS Project will potentially impact views of certain neighboring properties.

Building plans shall include articulation and recessed building designs as depicted in the submittal drawings to the satisfaction of the Director of Planning.

II. Aesthetics

Planning Director

AIR QUALITY Project will potentially impact air quality in the area surrounding the project.

Prior to construction and issuance of grading and building permits, a site-specific analysis shall be prepared to the satisfaction of the Director of Public Works and Building Official limiting maximum particle acceleration rates during construction as necessary to protect adjacent properties. No driving of pilings shall be included in such plan for the construction of the hotel and its parking structure. Deep foundations shall be auger-cast concrete piles or caste-in-drilled-hole (CIDH) pile types.

V. Air Quality

Director Public Works Building Dept.

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MITIGATION MONITORING REPORT Mitigated Neg. Dec. No.: ER 2005-13

Page 2 of 7 AIR QUALITY Project will potentially impact air quality in the area surrounding the project.

Building Plans shall include the inclusion of proper venting from the two underground parking levels above and away from neighboring receptors to the satisfaction of the Director of Planning.

V. Air Quality

Director Public Works Building Dept.

CULTURAL Project will potentially impact as yet unknown cultural and historic resources.

Prior to commencement of construction, a qualified archaeological monitor must be provided onsite to observe all grading and excavation work to a depth of eight feet. If cultural resources are encountered, the monitor can redirect grading activities to allow their recovery. Recovered materials shall be cleaned and evaluated off-site, and a report of findings prepared for the City at the applicant’s expense. Recovered materials shall be donated to the Escondido History Center or other accredited area repository.

VII. Cultural

Planning Director

FIRE Project will potentially impact emergency response times.

The proposed hotel building shall be equipped with fire sprinklers and other fire protection hardware to the satisfaction of the Fire Chief.

XIV. Public Services

Fire Dept.

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MITIGATION MONITORING REPORT Mitigated Neg. Dec. No.: ER 2005-13

Page 3 of 7 FIRE Project will potentially impact emergency response times.

Prior to any issuance of building permits, flow tests shall be conducted to the satisfaction of the Director of Public Works and Fire Chief demonstrating that existing infrastructure is sufficient to achieve required fire flows. Upgrades of existing water lines, as described in environmental analysis shall be installed if necessary to achieve minimum fire flows to the satisfaction of the Director of Public Works and the City’s Fire Chief.

XIV. Public

Fire Dept., Director Public Works

GEOLOGY/SOILS Project has the potential to cause harmful ground water migration as a result of excavation.

Prior to recordation of any Final Subdivision Map and commencement of construction and issuance of building permits, detailed plans shall be approved by the Building Official and Director of Public Works depicting the waterproofing and/or installation of membranes as necessary to stop groundwater migration into the excavation site. A design groundwater level at least 5 feet above the highest observed groundwater level is to be used as an emergency backup sub-drain system installed to protect against structural damage of floors or walls.

VIII. Geology & Soils

Director Public Works Building Dept.

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MITIGATION MONITORING REPORT Mitigated Neg. Dec. No.: ER 2005-13

Page 4 of 7 GEOLOGY/SOILS The project has the potential to impact the structural integrity of neighboring structures and to disrupt neighboring businesses.

Prior to commencement of construction and issuance of building permits, detailed shoring plans shall be approved by the Building Official and Director of Public Works. Said plans shall ensure the protection of adjacent roadways, structures, and emergency access. No driving of pilings shall be included in such plan for the construction of the hotel. Whatever subsurface material is encountered at the time of excavation, it shall be laid back or shored according to Cal-OSHA standards. If the excavation extends below a 1½:1 inclined plane, shoring and underpinning of surrounding structures will be required.

VIII. Geology & Soils

Director Public Works Building Dept.

The project has the potential to impact the structural integrity of neighboring structures and to disrupt neighboring businesses.

In order to reduce the potential for significant damage during a seismic event, ground improvements including (but not limited) to earthquake drains, vibro-densification, compaction or jet grouting methods shall be employed.

VIII. Geology & Soils

Director Public Works Building Dept.

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MITIGATION MONITORING REPORT Mitigated Neg. Dec. No.: ER 2005-13

Page 5 of 7 PARKING Project will potentially impact the number of parking spaces available to the disabled.

Prior to the commencement of construction, a plan for the interim provision of handicapped parking spaces shall be provided to the satisfaction of the Director of Planning and Building Official. Said plan shall depict two new, handicapped parking spaces east of the existing City Hall driveway. Said spaces shall be installed prior to commencement of construction to the satisfaction of the Building Official and Director of Planning.

I. Land Use IV. Transportation

Planning Director Building Dept.

PUBLIC SERVICES Project will potentially impact the operations at City Hall.

Prior to demolition of the existing cooling facility on the proposed hotel site, equivalent, interim facilities shall be operational to the satisfaction of the Director of Public Works and Building Official.

XIV. Public Services

Director Public Works Building Dept.

Project will potentially impede the operations at City Hall and the California Center for the Arts Escondido.

Prior to commencement of construction on the hotel site, a detailed plan for relocating existing utilities currently located shall be prepared to the satisfaction of the Director of Public Works and Building Official. Said plan shall provide for uninterrupted service of both the Escondido City Hall and California Center for the Arts.

XIV. Public Services

Director Public Works Building Dept.

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MITIGATION MONITORING REPORT Mitigated Neg. Dec. No.: ER 2005-13

Page 6 of 7 PUBLIC SERVICES The project will potentially impact the accessibility of emergency services.

Prior to commencement of construction and issuance of building permits, detailed plans for temporary emergency access and exiting at the project site shall be approved by the Building Official and Director of Public Works.

XIV. Public Services

Director Public Works Building Dept.

The project will potentially impact the accessibility of the public to the Center for the Arts Escondido.

Prior to commencement of construction, a detailed plan shall be approved by the City’s Fire Chief, Building Official, and Director of Planning that depicts short term and permanent access to the California Center for the Arts Escondido as is necessary to provide for the delivery of stage props.

XIV. Public Services

Building Div. Engineering Dept. Fire Dept.

TRANSPORTATION Project will potentially impact traffic flows within the downtown area.

Prior to commencement of construction, details for the pedestrian crossing at Valley and Maple shall be approved to the satisfaction of the Director of Public Works and Building Official. Said plans shall conform to ADA accessibility and design requirements. Said crossing shall be installed prior to the occupancy of the proposed hotel facility.

IV. Transportation

Director Public Works Building Dept.

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MITIGATION MONITORING REPORT Mitigated Neg. Dec. No.: ER 2005-13

Page 7 of 7 TRANSPORTATION Project will potentially impact traffic flows within the downtown area.

Prior to occupancy of the Hotel, traffic control measures in the form of a four-way stop at West Grand Avenue and South Orange Street, and traffic signals at West 2nd Avenue and South Maple Street and at North Maple Street and West Valley Parkway shall be completed to the satisfaction of the Director of Public Works. Said plans shall conform to ADA accessibility and design requirements.

IV. Transportation

Director Public Works Building Dept.

WATER QUALITY Project will potentially impact surrounding properties and could impact downstream water quality.

Prior to commencement of construction and issuance of building permits, detailed dewatering plans shall be approved by the Director of Public Works and Building Official. Said plans shall address the disposal/treatment of groundwater, and restrict the rate of draw down to preserve the structural integrity of surrounding properties.

X. Hydrology and Water Quality

Engineering Dept. Fire Dept.

Project will potentially impact surrounding properties and could impact downstream water quality.

Excavations extending within 3 feet of groundwater will require temporary construction dewatering. An NPDES permit from the Regional Water Quality Control Board will have to be obtained before grading plan issuance or any discharge of dewatering effluent to the satisfaction of the Director of Public Works and Building Official.

X. Hydrology and Water Quality

Engineering Dept. Fire Dept.

Note: Specific responsibilities for each measure will be determined in the Disposition and Development Agreement and may include participation by the City, the Developer or both.

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