Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B ORDINANCE NO. 2026-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING A ZONE MAP AMENDMENT TO AMEND THE CITY OF ESCONDIDO ZONING MAP IN SUPPORT OF THE PARKVIEW TOWNHOMES PROJECT The City Council of the City of Escondido, California does ordain as follows: SECTION 1. The City Council makes the following findings: a) On June 18, 2024, Touchstone Communities (C/O Kerry Garza) (“Applicant”), filed a land use development application, Planning Case Nos. PL24-0157/PL25-0010/PL25-011/PL25-0012/PL25- 0013/PL25-0014/PL25-0015 (“Application”) constituting a request for a General Plan Amendment to amend the land use designation of a parcel from Specific Plan Area (SPA#13) to Urban IV (U4); a Zone Map Amendment to change the zoning from Professional Commercial (CP) to High Multiple Family Residential (R-4-24); a Tentative Subdivision Map/Condominium Permit for the subdivision of air space to create 70 residential units; a Grading Exemption to allow fill slopes up to 42’-0” in height, cut slopes up to 22’-0” in height, and cut slopes steeper than 2:1; an Administrative Adjustment to reduce the required rear yard setback for the second- and third-stories of a residential building by 25 percent; and a Major Plot Plan and Design Permit to construct 70 “for-sale” dwelling units (“Project”) on a 4.96-acre site located at 550 W. El Norte Parkway (APN 226-380-48-00), in the Professional Commercial (CP) Zone; and b) The subject property is all that real property described in Exhibit "A," which is attached hereto and made a part hereof by this reference as though fully set forth herein (“Property”); and c) The Planning Service Area of the Development Services Department completed its review, and scheduled a public hearing regarding the Project before the Planning Commission on January 13, 2026. Following the public hearing on January 13, 2026, the Planning Commission adopted Resolution No. 2026- Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B 01, which recommended that the City Council, among other things, approve the Project’s Zone Map Amendment and corresponding entitlements as detailed in the City Council Staff Report dated February 25, 2026. SECTION 2: Proper notices of a public hearing in compliance with Government Code section 65854, and Article 61, Division 6 of the Escondido Municipal Code, have been given and public hearings have been held before the Planning Commission and City Council on this issue. SECTION 3. The City Council did on February 25, 2026, hold a duly noticed public hearing as prescribed by law. Evidence was submitted to be considered by the City Council, including, without limitation: a) Written information including all application materials, and other written and graphical information posted on the Project’s website. b) Oral testimony from City staff, interested parties, and the public. c) The City Council Staff Report, dated February 25, 2026, which along with its attachments, is incorporated herein by this reference as though fully set forth herein, including the Planning Commission’s recommendation on the request. SECTION 4. ENVIRONMENTAL REVIEW. Pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (Article 14 of the 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. The City Council, in its independent judgement, has reviewed and considered the information, and findings prepared for the Project, and has adopted Resolution No. 2026-23 adopting the Final Initial Study/Mitigated Negative Declaration prepared for the Project, and the associated Mitigation Monitoring and Reporting Program (“MMRP”), in furtherenace of the Project. Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B SECTION 5. Upon consideration of the Factors to be considered/Findings of Fact attached as Exhibit “B,” the City Council desires at this time and deems it to be in the best public interest to approve the Zone Map Amendment, as depicted in Exhibit “C,” in furtherance of the Project generally described in the City Council Staff Report, dated February 25, 2026, subject to the Conditions of Approval attached to Resolution No. 2026-29 as Exhibit “D,” and is incorporated herein by this reference as though fully set forth herein. SECTION 6. SEVERABILITY. If any section, subsection sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 7. As of the effective date of this Ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8. Concurrently with this Ordinance, the City Council is taking a number of actions in furtherance of the Project, as generally described by the February 25, 2026, City Council Staff Report. No single component of the series of actions made in connections with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective within its corporate limits as a statue in the manner provided by state law. Therefore, this Ordinance shall become effective after final passage and public as required by law, and operative only if City Council Resolution No. 2026-23 and Resolution No. 2026-28 are approved. Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 1st day of APRIL, 2026 by the following vote to wit: AYE : Councilmembers: FITZGERALD, GARCIA, GARCIA, MARTINEZ, WHITE NOES : Councilmembers: NONE ABSENT : Councilmembers: NONE APPROVED: DANE WHITE, Mayor of the City of Escondido, California ATTEST: ZACK BECK, City Clerk of the City of Escondido, California ***** STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO : ss. CITY OF ESCONDIDO ) I, Zack Beck, City Clerk of the City of Escondido, hereby certify that the foregoing ORDINANCE NO. 2026-03 passed at a regular meeting of the City Council of the City of Escondido held on the 1st day of April, 2026. ZACK BECK, City Clerk of the City of Escondido, California ORDINANCE NO. 2026-03 Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B Ordinance No. 2026-03 Exhibit “A” Page 1 of 1 Exhibit “A” Legal Description Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B Ordinance No. 2026-03 Exhibit “B” Page 1 of 2 EXHIBIT “B” PLANNING CASE NOS. PL24-0157/PL25-0010/PL25-011/PL25-0012/PL25-0013/PL25-0014/PL25-0015 FACTORS TO BE CONSIDERED / FINDINGS OF FACT 1. ZONE MAP AMENDMENT (PL25-0010) (Section 33-1263 of Article 61 – Administration and Enforcement of the Escondido Zoning Code) With respect to the Zone Map Amendment, the Planning Commission finds and recommends that that City Council make the following findings for approval: a. That the public health, safety and welfare will not be adversely affected by the proposed change; The Project includes a Zone Map Amendment to amend the existing zoning from Professional Commercial (CP) to R-4-24 (High Multiple Family District) which permits primarily residential uses, subject to a Major Plot Plan Permit. The existing zoning is inconsistent with the existing General Plan land use designation of SPA#13 which forecasted a range of industrial and office-like developments in the specific planning area as described in the City’s 2012 adopted General Plan. Since the Project proposes fewer intensive uses (i.e., residential) than what is allowed for in the General Plan currently (i.e., commercial and office), overall Project-related impacts would be reduced from what was anticipated under the 2012 General Plan, including parking, traffic, noise and air quality. The proposed Zone Map Amendment will not adversely affect the public health, safety and welfare in that the proposed change is limited to an individual parcel, and is consistent with the surrounding medium density residential developments, and low-intensity office uses. The Project was reviewed by the City’s Staff Development Committee (SDC), and is conditioned to comply with applicable regulations outlined in the Escondido Municipal Code (EMC). b. That the property involved is suitable for the uses permitted by the proposed zone; The Property is currently developed with an existing single-family dwelling (SFD), and is considered legal non-conforming as residential uses are not currently permitted within the existing zoning district, CP. The Property is surrounded by existing multifamily developments, mobile home parks, legal non-conforming residential uses, and low-intensity office uses. Due to the topography of the Property, various grading exemptions are requested; however, the grading design is consistent with the design criteria outlined in Article 55 (Grading and Erosion Control) and includes significant landscaping to provide visual relief to surrounding properties. The Property is suitable for the uses permitted by the proposed zone in that it is surrounded by existing residential uses, and is adjacent to a major thoroughfare that can accommodate the Project’s traffic generation as analyzed in the Local Mobility Analysis that was prepared for the Project. Therefore, the Project site is suitable for the proposed residential development and corresponding land use changes, as outlined in Attachment 4 of the Staff Report (dated January 13, 2026). c. That the uses permitted by the proposed zone would not be detrimental to surrounding properties; The Project includes rezoning the site to R-4-24, a high density multifamily residential designation, for construction of 70 dwelling units which would be consistent with the development pattern of the Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B Ordinance No. 2026-03 Exhibit “B” Page 2 of 2 surrounding area. As detailed in the Planning Commission staff report, dated January 13, 2026, the Property is surrounded by existing multi-family residential uses to the east and west, a mobile home park to the south, and low-intensity commercial uses to the east. The uses permitted in the proposed zone of R-4-24 allows for multifamily uses, and ancillary residential uses, and is consistent with those existing developments cited above. Due to existing development patterns of similar uses and intensities, the uses permitted by the proposed zone would not be detrimental to surrounding properties. d. That the proposed change is consistent with the adopted general plan; As discussed in the Planning Commission staff report, dated January 13, 2026, the Project includes a General Plan Amendment to change the land use designation from SPA#13 to Urban IV which would permit up to 24 dwelling units per acre. The proposed Zone Map Amendment is necessary to create consistency with the proposed General Plan Amendment. Upon approval of the General Plan Amendment, the proposed change would be consistent with the adopted 2012 General Plan. e. That the proposed change of zone does not establish a residential density below 70% of the maximum permitted density of any lot or parcel of land previously zoned R-3, R-4, or R-5 unless the exceptions regarding dwelling unit density can be made pursuant to the provisions set forth in Article 6; The Project site was not previously zoned R-3, R-4, or R-5; the Property is currently zoned CP which does not permit residential development and is inconsistent with the existing General Plan land use designation of SPA#13. The Project would not establish a residential density below 70% on a site previously zoned high-density due to the existing non-residential zoning district. The Project does include a Zone Map Amendment to rezone the subject Property to R-4-24, which would then be subject to the restrictions of this finding should a future zone change be proposed. f. That the relationship of the proposed change is applicable to specific plans. The proposed change is not applicable to any adopted specific plans. While the Project site is designated as Specific Plan Area #13, it is not located within any adopted specific plan area. The “Specific Plan Area” land use category defined in the General Plan is applied in unique situations where comprehensive planning for an area is important to achieve a desired vision. Specific Plans are authorized by State Government Code Section 65450. Required components of Specific Plans include a separately approved document and map that comprehensively prescribe the distribution, location, extent and intensity of major components of development, utilities, transportation, and facilities associated with the SPA. However, no specific plan has been adopted for this parcel (or in the greater SPA#13 area) and the change in zone designation is limited to the one parcel located in the northwestern area of the City and would not eliminate or preclude future adoption of an SPA#13 specific plan. Therefore, the Project does not impact an adopted Specific Plan document. Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B Ordinance No. 2026-03 Exhibit “C” Page 1 of 2 Exhibit “C” Zoning Map Amendment The parcel associated with the proposed Zone Map Amendment (PL25-0010) is as follows: APN Existing Zoning District Proposed Zoning District 226-380-48-00 Professional Commercial (CP) High Multiple Family District (R-4-24) The Escondido Zoning Map is amended as shown in the graphic below, as attached hereto and made a part hereof. The subject parcel will carry the R-4-24 zoning classification. The entire, existing Zoning Map is on file with the Office of the City Clerk. The City Clerk is hereby authorized and directed to change any chapter numbers, article numbers, and section numbers in the event that the adoption of the General Plan Map Amendment reveals that there is a conflict, in order to avoid confusion. Docusign Envelope ID: EF4428DE-C29B-46AD-8312-F8CBB73D623B Ordinance No. 2026-03 Exhibit “C” Page 2 of 2