This Chapter 33 shall be known as the "Escondido Zoning Code."
(Zoning Code, Ch. 100, § 1000.09; Ord. No. 2017-07, § 4, 6-7-17)
Chapter 33 is adopted and amended pursuant to Section 11 of Article XI of the Constitution of the State of California and in compliance with the requirements of the Planning and Zoning Law, Title 7 of the Government Code.
(Zoning Code, Ch. 100, § 1000.05; Ord. No. 2017-07, § 4, 6-7-17)
The purpose of this chapter is to serve the public health, safety, comfort, convenience and general welfare by dividing the city into zones and:
(a) 
Establishing land use districts for public and private use and general provisions and standards of development with the aim of preserving a wholesome, serviceable and attractive community;
(b) 
Regulating the use of buildings, structures, and land uses as between agriculture, industry, business, residence, civic and other purposes;
(c) 
Regulating the location, height, bulk, number of stories and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure, and the intensity of land use;
(d) 
Establishing and maintaining building setback requirements;
(e) 
Establishing off-street parking and loading requirements;
(f) 
Establishing signage, lighting, grading, and landscaping and irrigation requirements; and
(g) 
Establishing provisions for coordinating California Environmental Quality Act guidelines, quality of life standards, administration and enforcement, and growth management requirements.
(Zoning Code, Ch. 100, § 1000.13; Ord. No. 92-17, § 1, 3-25-92; Ord. No. 2017-07, § 4, 6-7-17)
The provisions of this chapter shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this chapter is more restrictive than such other ordinance, or part thereof; and that in all particulars wherein this chapter is more restrictive, each such other ordinance shall remain in full force and effect.
(Zoning Code, Ch. 100, § 1000.21; Ord. No. 2017-07, § 4, 6-7-17)
Whenever reference is made to any portion of this chapter, or of any other law or ordinance, the reference applies to all amendments and additions now or hereinafter made.
(Zoning Code, Ch. 100, § 1000.25; Ord. No. 2017-07, § 4, 6-7-17)
(a) 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public peace, health, safety, convenience, comfort, prosperity or general welfare.
(1) 
The provisions of the ordinance codified in this section apply to all zones and all uses of land unless otherwise stated. The provisions shall be regarded and applied as the minimum requirements and maximum potential limits for the promotion of public health, safety, comfort, convenience, and general welfare of the city and its residents. When the ordinance codified in this section provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than identified in the ordinance codified in this section, as may be necessary to promote orderly land use development and the purposes of the ordinance codified in this section.
(2) 
Any provisions of an adopted specific plan related to subjects contained in the ordinance codified in this section shall prevail over the provisions of the ordinance codified in this section to the extent of any conflict between the ordinance codified in this section and the specific plan.
(3) 
It is not intended by this chapter to abrogate, annul, impair or interfere with any existing or future provision of law or ordinance or with any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use or occupation of buildings or premises or upon the height or location of buildings or structures or upon the lot area per family, size of yards and open spaces, number of garages or other requirements whatsoever, than is imposed or required by such existing laws, ordinances, easements, covenants or agreements, the provisions of this chapter shall govern.
(b) 
The director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of the ordinance codified in this section. Whenever the director determines that the meaning or applicability of any of the requirements of the ordinance codified in this section are subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation. In any case where there is difficulty in interpreting and applying the provisions of this chapter to any specific case or situation, the planning commission shall upon request interpret the intent of this chapter by written policy and said interpretation shall be followed in applying said provisions.
(Zoning Code, Ch. 100, § 1000.37; Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2020-31R, § 6, 1-13-21)
(a) 
All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this chapter. No such license or permit for uses, buildings, or purposes where the same would be in conflict with the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.
(b) 
Permits and licenses.
(1) 
Building permits, pursuant to Chapter 6 of the Municipal Code.
Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the City of Escondido, a permit for each separate building or structure shall be secured from the building official of said city by the owner or his or her agent for said work, and it is unlawful to commence said work until and unless said permit shall have been obtained.
(A) 
An approved final building inspection from the building division shall be obtained prior to any use or occupancy of the building or structure or portion thereof.
(B) 
Certificate of occupancy required. No occupancy of a building or structure, or a proposed use of a building or structure, can occur before a certificate of occupancy is approved and issued and the project complies with all state building regulations and provisions of the ordinance codified in this section. A temporary certificate of occupancy may be issued by the building division when determined appropriate, subject to the approval of the city building official.
(2) 
Business licenses, pursuant to Chapter 16 of the Municipal Code.
Every person engaged or intending to engage in any calling, business, occupation, or profession, in whole or in part, including the exercise of any corporate or franchise powers, within the limits of the city, whether or not an office or physical location for the business lies within the city, is required to pay an annual license fee for the privilege of doing any business and obtain a business license.
(A) 
No person shall be entitled or authorized to engage in business within the city until such time as the director has approved and issued a business license pursuant to the terms of Chapter 16.
(B) 
Business licenses are issued for revenue purposes. The issuance or possession of a license confers no rights or privileges and only serves to prove that a business license fee has been paid for the period specified on the license certificate. Licenses are not deemed regulatory in any way and are not proof of compliance with zoning, building or any other regulations of the city.
(C) 
Certain business types may require additional review and approval from other departments or agencies.
(Zoning Code, Ch. 100, § 1000.29; Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2020-31R, § 6, 1-13-21)
For the purpose of this chapter, the words and phrases set forth in this section shall have the meanings respectively ascribed to them. Words used in the present tense shall include the future; words in the singular number shall include the plural, and words used in the plural number shall include the singular; the word "shall" is mandatory, and the word "may" is permissive.
"Abutting"
means a structure, lot, or parcel of land having a common boundary with another structure, lot, or parcel of land including a structure, lot, or parcel of land which have no common boundary other than a common corner.
"Accessory"
means a use and/or structure customarily incidental to a building, part of a building or structure, which is subordinate to and the use of which is incidental to and detached from the main building, structure or use on the same lot. If an accessory building is attached to the main building either by a common wall, or if the roof of the accessory building is a continuation of the roof of the main building, such accessory building shall be considered a part of the main building. (See also Use - Accessory Use.)
"Adjacent"
means a structure, lot, or parcel of land that is close or contiguous to another structure, lot, or parcel of land.
"Alley"
means any public thoroughfare, having a width of not more than 30 feet. An alley shall not be considered a street for the purposes of calculating building or structure setbacks or height.
"Amusement arcade"
means any establishment, room or place where more than four amusement machines are available for public use.
"Amusement machine"
means any device, whether mechanical, electrical or electronic, or similar object, which by payment of a fee, or insertion of a coin or token, may be operated for the primary purpose of amusement. The term amusement machine does not include any device or object the primary purpose of which is to play music.
"Apartment"
means a room or group of two or more rooms which is constructed, designed, intended for or actually used by, a single family for living and sleeping purposes for periods of 30 consecutive days or longer.
"Area of lot"
means the total horizontal area included within ownership lot lines.
"Arts and crafts"
shall include physical objects which are made by or as if by hand, and which require manual dexterity and artistic skill. Items such as jewelry, paintings, needlepoint, knitting, crochet, dolls, furniture, woodworking (e.g., carvings, etchings), sculptures, ceramics, toys, clothing, photography, scale models and similar items as determined by the director shall be considered as "arts and crafts" objects.
"Arts and crafts show"
shall mean the activity of offering for sale of "arts and crafts" by means of announcing or advertising an "arts," "crafts," or "hobbies," show, bazaar or festival, all of which are synonymous, or by any other means intended to communicate that the sale is an occasional, casual event offering the sale of personally crafted property. "Arts and crafts show" shall only be conducted by a property owner possessing a valid business license and an arts and crafts permit issued by the City of Escondido.
"Attached unit"
means a unit completely within an existing principal building or added to an existing principal building; provided, that both dwelling units shall be attached by a common wall, floor or ceiling, and not simply by an attached breezeway or porch; and shall be contained within one building. An accessory dwelling unit constructed above an existing detached garage shall be considered an attached unit.
Banking.
(1) 
"ATM kiosk"
is an electronic telecommunications devise or electronic banking outlet that allows customers to complete basic financial transactions without the aid of a bank teller or chartered financial institution representative.
(2) 
"Bank"
means a state or federally chartered financial institution, credit union, mortgage lender, savings and loan association, or industrial loan company which offers financial services that include lending money, collecting deposits, issuing currencies and debit cards, and transaction processing, and other typical banking services, with or without a teller.
(3) 
"Check-cash/pay day"
means fringe bank institution or uses defined as other than a State or Federally chartered institution, credit union, mortgage lender, savings and loan association or industrial loan company, that offers deferred deposit transaction services or check cashing services and loans for payment of a percentage fee. The term included, but is not limited to, deferred deposit transaction (payday loan) businesses that make loans upon assignment of wages received, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, and vehicle title lenders who offer a short-term loan secured by the title to a vehicle. Non-profit financial institutions are not included in this definition.
"Bargain basement store"
means any for-profit or non-profit store including any establishment, operation, or enterprise with one or more of the following characteristics: (1) a majority of the store's merchandise is offered for sale at a price equal to or below $5; (2) merchandise priced at or below $5 occupies at least one-half of the store's floor area which is devoted to retail sales; (3) used items represent a majority of the merchandise offered for sale in the store; or (4) used merchandise occupies at least one-half of the floor area in the store devoted to retail sales. Used merchandise herein is defined as all forms of used items including, without limitation, items that were formerly used but have been repaired, refurbished, and /or repackaged. The bargain basement store definition excludes: (1) bona fide antique stores; (2) thrift stores, second-hand dealers, and pawn shops; (3) stores which primarily engage in the sale of used books, periodicals, videos, or DVDs; (4) stores specializing in the sale of highly collectible items such as used coins, stamps, baseball cards, and other similar collectibles; and (5) a store where the majority of the items sold, measured by receipts or number of items sold, consist of food and/or beverage items.
"Basement"
means a story partly underground and having at least 1/2 of its height above the average adjoining grade. A basement shall be termed a cellar when more than 1/2 of its height is below the average adjoining grade. A basement or cellar shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is over five feet.
"Block"
means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, terminus of dead end, or cul-de-sac street, city boundary, public parks or other natural boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
Boarding house.
See Rooming house.
Building.
(1) 
"Building"
means any structure for the shelter, housing or enclosure of any person, animal, article or chattel and when any portion thereof is completely separated from every other portion thereof by a division wall or fire wall, without openings, each such portion shall be a separate building.
(2) 
"Building height"
(also structure height) means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building or structure to the top of the building or structure. When a basement element or underground structures exist or are proposed, height is measured from the finished grade (exterior grade adjacent to the structure) provided the finished grade is at or below the previous natural grade. All portions of the building/structure shall be located at or below the height limit of the underlying zone. Allowable projections listed in section 33-1075 need not be included in the building/structure height calculation.
(3) 
"Building site"
means the ground area of: (A) all or a portion of a lot or parcel of land; or (B) all or a portion of two or more lots or parcels of land, when used in combination for a building or group of buildings, together with all yards and open spaces required by this chapter.
(4) 
"Main building"
means one or more buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.
"Business or commerce"
means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity or service for profit or livelihood.
"Carport"
means a permanently covered motor vehicle shelter, consisting of a roof and supporting members such as columns or beams, which are affixed to a permanent foundation per applicable building codes. A carport must be open on two or more sides except for structural supports. Carports as used in this chapter do not include temporary shelters or canopies. Any structure designed or used for the storage of motor vehicles which does not meet this definition must comply with all regulations relating to a garage.
"Commercial dairy"
means any land whereupon is kept or maintained for any length of time, more than two milk cows where milk or milk products are produced for, or intended for sale to the public.
"Common area"
means the total area within a development that is not designed for the exclusive use of owners or tenants and which is available for common use by all owners, tenants or groups of tenants.
"Consignment shop"
is a retail establishment primarily engaged in the retail sale of nondonated, second-hand merchandise, and the merchandise is placed for sale with the establishment by the owner of the merchandise. Upon sale of the merchandise the purchase price is divided between the consignment shop owner and the owner of the merchandise. The establishment shall be limited to one type of merchandise, including, but not limited to, clothing and related accessories, children's apparel and furniture, sporting equipment, or furniture and related home furnishings. This use does not include the sale of guns, appliances, mattresses, or vehicles.
"Court"
means an open unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings and a lot line, including the open space in a bungalow court or court apartment providing access to the units thereof.
"Cul-de-sac"
means a street or portion of a street that terminates without providing vehicular access to adjacent streets and includes pavement at its terminus to accommodate vehicles exiting in a forward manner by a single turning motion without reversing.
"Density"
means the number of residential dwelling units per acre of lot area but shall exclude areas of remainder parcels; areas of nonresidential development; the panhandle portion of a flag lot; and areas of dedication for street rights-of-way, adjustments for floodways as defined by the Federal Emergency Management Agency (FEMA — see Flooding Map) or the city, slope categories, and other environmental factors as designated. Minimum and maximum density calculations for an individual site shall utilize the net lot area to determine the applicable number of dwelling units. Any density calculation that results in a fractional unit shall be rounded down to the next whole number.
"Detached dwelling"
means a dwelling that is structurally independent and separated from the existing primary dwelling by a minimum of 10 feet.
"Director"
means the director of development services.
"Drive-through business"
means any building, establishment, or facility that provides a specified "drive-through" lane or driveway where customers receive a service or purchase goods while remaining in a motor vehicle in designated stacking aisles. Products or services are typically provided or dispensed through an attendant at a service window, order kiosk, and/or an automated machine. Drive-through businesses may operate as the primary use, such as in restaurants, eating establishments and coffee shops or accessory use of a business in combination with other uses, such as pharmacies, financial institutions, personal service shops, and other retail or customer-based service uses. A drive-through business does not include an automated car-wash service or gas pump island; however, they may be regulated similarly.
"Driveway"
means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area and extending to a maximum width equal to the curb cut approved by the city engineer.
Dwelling.
(1) 
"Dwelling"
means one or more rooms in a building used for occupancy by one family for living or sleeping purposes and having only one kitchen.
(2) 
"Grouped dwelling"
means a group of two or more detached or semi-detached one-family, two-family, three-family or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, including bungalow courts and apartment courts, but not including recreational vehicle or campgrounds.
(3) 
"Multiple dwelling"
means a building or portion thereof used for occupancy by four or more families living independently of each other, and containing four or more dwellings.
(4) 
"One-family or single-family dwelling"
means a detached or semi-detached building designed for or occupied exclusively by one family.
(5) 
"Two-family dwelling and duplex"
means a detached or semi-detached building designed for or occupied exclusively by two families.
(6) 
"Three-family dwelling and triplex"
means a detached or semi-detached building designed for or occupied by three families.
(7) 
"Primary dwelling"
means the principal single-family dwelling located on a lot where an accessory dwelling unit is existing or proposed.
(8) 
"Accessory dwelling"
means a secondary, but independent living facility which is located or established on the same lot as the primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation.
"Family"
means one or more persons related by blood, marriage, or adoption, or a group including unrelated individuals living together as a relatively permanent, bona fide, housekeeping unit.
"Family day care"
means regularly provided care, protection and supervision of 14 or fewer children in the provider's home, for periods of less than 24 hours per day, while the parents or guardians are away, and including the following:
(1) 
"Large family day care home"
means a home which provides family day care, with no overnight stay, to nine to 14 children, inclusive, including children who reside at the home;
(2) 
"Small family day care home"
means a home which provides family day care, with no overnight stay, to eight or fewer children, including children who reside at the home.
"Fleet storage"
means storage or parking of one or more vehicles used regularly in business operations. Where the parking of vehicles constitutes the principal use on the site, the use activity is considered a principal use. Typical fleet storage uses include taxi fleets, mobile catering trucks, car or truck (service delivery) storage, or delivery truck fleets. Excluded are car dealerships and vehicle junkyard or vehicle dismantling services.
"Floor area"
means the total area of all floors and interior habitable area of a building included within the outside faces of the building's exterior walls, exclusive of basement and attic storage space and areas within a building used for the parking of vehicles.
"Floor area ratio"
(also FAR) is the ratio of a building's floor area divided by the net lot area. FAR is expressed as a decimal unit.
"Frontage"
means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting and intercepting streets, and railroad right-of-way or unsubdivided acreage.
Garage.
(1) 
"Private garage"
means an enclosed accessory building or an accessory portion of the main building, designed and/or used only for the shelter of vehicles owned or operated by the occupants of the main building.
(2) 
"Public garage"
means any building except those described as a private garage, used for the storage or shelter of self-propelled vehicles.
"Garage sale"
shall mean the activity of offering for sale any property, other than real property or personally crafted arts and crafts items, by means of announcing or advertising a "garage," "yard," "moving," "estate," "rummage" or "tag" sale, all of which are synonymous, or by any other means intended to communicate that the sale is an occasional, casual, or non-business-related event offering the sale of personal property. "Garage sale" or "yard sale" shall not include any event which constitutes an arts and crafts show or any other sales activity which would require the business or person to possess a valid business license issued by the City of Escondido.
"Greenhouse (also lath house)"
means a building or structure constructed chiefly of glass, glass-like or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.
"Gross leasable area" or "GLA"
means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
"Guest house"
means any living quarters that is no more than 1,000 square feet within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not rented or otherwise used as a separate dwelling.
"Home occupation"
means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part. A home occupation must satisfy the conditions set forth in Article 44 of this chapter.
Horse stable.
(1) 
"Private horse stable"
means facilities for the keeping of horses, mules, donkeys or ponies for the use of the owners or lessees of the property and owners of the boarded animals.
(2) 
"Commercial horse stable"
shall mean equestrian facilities such as, but not limited to, riding academies, riding rings, or training areas for horses, mules, donkeys or ponies which are rented, shown, used or boarded on a commercial basis for compensation. Accessory uses such as tack shops, on-site sale of food for people and animals, or similar uses may be permitted in conjunction with a commercial use permit. A commercial horse stable may include an office, employee break area, full bathroom and other associated areas or structures related to a commercial use. The temporary gathering of additional people and horses for a horse event, show or competition which is not a part of the active operations of a commercial horse stable shall be considered.
"Hotel (also motel)"
means a building in which there are five or more guest rooms where transient lodging (for a period of 30 consecutive calendar days or less) with or without meals is provided for compensation.
"Industry"
means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity whatsoever, and including the operation of stables.
"Junk yards"
mean any space of 200 square feet or more of area of any lot used for the storage, sale, keeping or abandonment of inoperable vehicles, wrecking yards or salvage yards, junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof, other than an impound yard.
"Kitchen"
means any portion of an accessory living quarters arranged for or conducive to the preparation or cooking of food, by the inclusion of a sink, garbage disposal, hot water line, and dishwasher; place of not less than 10 cubic feet to accommodate a refrigerator; 220 AC or 240 volt electrical outlet or stove; storage cabinets and counter space that are of reasonable size in relation to the building; and any other item required by the Building Code. An efficiency kitchen shall be considered to have the same features as a kitchen, but is smaller in size and scope in relation to the land use activity or building. At a minimum, the size and scope of an efficiency kitchen should meet or exceed the following criteria: a sink with a maximum waste line of 1.5 (1 1/2) inches, a cooking facility with appliances that has electrical service of 120 volts, a food preparation counter, and storage cabinets.
"Landscaping"
means the planting and maintenance of some combination of trees, shrubs, vines, ground covers, or flowers. In addition, the combination or design may include natural features such as rock and stone; and structural features, including, but not limited to, water features, art works, screens, walls, fences and benches.
Lath house.
See Greenhouse.
"Liquor store"
means any store designed and operated for the selling of alcoholic beverages with the selling of any other merchandise being incidental to the primary operation of selling liquor.
"Lot"
means:
(1) 
A parcel of real property shown as a delineated parcel of land with a number and other designation on the final map of subdivision recorded in the office of the county recorder of San Diego County; or
(2) 
A parcel of land, the dimensions or boundaries of which are defined by a record of survey maps recorded in the office of the county recorder of San Diego County in accordance with the law regulating the subdivision of land; or
(3) 
A parcel of real property not delineated as in subsection (1) or (2) of this definition, and containing not less than the prescribed minimum area required in the zone in which it is located and which abuts at least one public street or easement which the planning commission has designated adequate for access purposes, and is held under one ownership.
(4) 
The various definitions in this category are as follows:
(A) 
"Lot area (gross)"
means the total area measured in a horizontal plane, included within the lot lines of a lot or parcel of land.
(B) 
"Lot area (net)"
means lot area excluding areas of remainder parcels, areas of nonresidential development, the panhandle portion of a flag lot, and areas of dedication for street rights-of-way; adjustments for floodways as defined by the Federal Emergency Management Agency (FEMA — see Flooding Map) or the city; slope categories; and other environmental factors as designated. The net lot area shall be used in the calculation of minimum allowed residential density, project floor area/lot coverage calculations, and other standards or requirements as so specified.
(C) 
"Lot coverage"
means the total horizontal area of a lot, parcel or building site covered by any building which extends more than three feet above the surface of the ground level and including any covered car parking spaces. Covered patios shall not be considered as lot coverage provided that said patio is not more than 50% enclosed.
(D) 
"Lot depth"
means the horizontal length of a straight line connecting the bisecting points of the front and the rear lot lines.
(E) 
"Lot width"
means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines.
(F) 
"Cul-de-sac"
lot means an interior lot taking access from and having frontage primarily on the bulb of a cul-de-sac.
(G) 
"Flag lot"
means a lot in the approximate configuration of a flag pole, panhandle, or sign post, with the pole or post functioning primarily as an access way to the main body of the lot from the street of access, meeting the requirements of section 33-1084. In determining setbacks for a flag lot, the handle or access portion of the lot shall not be used to determine building setbacks. The director shall determine the front, side, and rear of a flag lot for the purposes of identifying setbacks and yards, guided by the relationship of the lot and to surrounding lots and structures.
(H) 
"Front lot line"
means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from the street.
(I) 
"Interior lot"
means a lot other than a corner lot or reversed corner lot.
(J) 
"Key lot"
means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
(K) 
"Rear lot line"
means the record lot line or lines most distant from and generally opposite the front lot line except that in the case of an interior triangular or gore-shaped lot, it shall mean a straight line 10 feet in length which is: (i) parallel to the front lot line or its chord; and (ii) intersects the two other lot lines at points most distant from the front lot line.
(L) 
"Reversed corner lot"
means a corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of said corner lot abuts.
(M) 
"Side lot line"
means any lot boundary line not a front lot line or a rear lot line.
(N) 
"Through lot"
means a lot having a frontage on two parallel or approximately parallel streets.
"Low barrier"
means best practices to reduce barriers to entry, as further defined in Government Code section 65660.
"Low barrier navigation center"
means a low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Mini-dorms.
See Rooming house.
"Mini-warehouse storage facility (also self-storage or mini-storage)"
means an establishment containing individual compartmentalized spaces or warehousing space for rent or lease to the general public for personal storage, including businesses and individuals.
"Mobilehome (also manufactured home)"
means a dwelling that is subject to California Code of Regulations Title 25 provisions built in a factory or other off-site location on a non-removable steel chassis that is transported and placed on a permanent or non-permanent foundation.
"Mobilehome park"
means a development specifically approved for grouping mobilehomes and/or manufactured homes within a unified setting that is subject to California Code of Regulations Title 25 provisions. The term mobilehome park shall include the grouping of mobilehomes under a single ownership, or separate ownership of mobilehomes and mobilehome sites, or the establishment of a mobilehome subdivision, condominium, stock cooperative, or any similar project where the member of the project owns a home ownership share, fee lot, or condominium unit.
"Mobilehome park street"
means any roadway used or designed to be used for the general circulation of traffic within the mobilehome park.
"Mobilehome site"
means any portion of a mobilehome park designed for the use or occupancy of one mobilehome or manufactured home.
"Modular home"
means a dwelling that conforms to all local building codes, built in sections at a factory or other off-site location, and transported to the building site where the dwelling is assembled on-site on a permanent foundation.
Motel.
See Hotel.
"Multi-family housing development"
means a building designed for multiple dwelling unit occupancy in a multiple-residential zoning district (R-2, R-3, R-4, and R-5) or mixed-use zoning district. Units in multifamily housing developments are not classified as single-unit attached structures.
"Nonconforming use"
means a building or land occupied by a use that does not conform with the regulations of the use district in which it is situated.
"Off-street parking"
means a site, or portion of a site, devoted to the parking of motor vehicles outside of the public right-of-way, including parking spaces, aisles, and access drives.
"Official zoning map"
means a map which graphically shows all zoning district boundaries and classifications within the City of Escondido, as contained within the Escondido zoning code, which is signed by the director and on file in the Escondido planning department.
"Parcel of land"
means a contiguous quantity of land in the same possession of, or owned by, or recorded as the property of, the same person or persons.
"Parking index"
means the number of car parking spaces made available per 1,000 square feet of GLA (gross leasable area).
"Pawn shop"
means a pawnbroker or business establishment that loans money, either for himself or herself, or for any other person, upon any personal property or personal security being purchased and resold to the vendor or other assignee at prices previously agreed upon. This use does not include the sale of guns, appliances, mattresses, or vehicles.
"Planning commission"
means the planning commission of the City of Escondido.
"Recreational vehicle"
means a vehicle on wheels which offers living accommodations in a mobile setting for travel or recreational purposes in compliance with provisions established by the California Department of Motor Vehicles.
Restaurant.
See Restaurant, section 14-1.1 of Chapter 14.
"Rooming house"
means a building containing three or more bedrooms or other rooms intended to be used, rented or leased, to be occupied by five or more individuals under five or more separate oral or written leases, subleases or any other contractual agreement designed to effectuate the same result, with or without meals, for compensation, as permanent guests pursuant to definite periods, by the month or greater term. A "rooming housing" does not require a property owner, or a manager, to be in residence. A "rooming house" shall have a central kitchen. A "rooming house" may or may not provide free access to common living areas beyond the bedrooms or guest rooms. A "room" means any rented, leased, let or hired living space or other square footage within the building that is used or designed to provide sleeping accommodations for one or more persons. A properly permitted accessory dwelling unit, shall not be considered a rooming house.
"Secondhand store (or second-hand dealer)"
means conducting, managing, or carrying on the business of buying and selling used merchandise such as jewelry, watches, diamonds, clothing, musical instruments, luggage, sporting goods, furniture, etc. This use does not include the sale of guns, appliances, mattresses, or vehicles.
"Senior housing"
means housing that is suitable for and targeted to the needs of an aging population, as set forth by Article 41.
"Sign"
means any mark or painted character on any card, cloth, paper, metal, wood, plastic, or any other material visible from outside a structure, mounted to the ground or any tree, wall, bush, rock, fence or structure, either privately or publicly owned. "Sign" shall also mean any graphic announcement, declaration, demonstration, display, illustration, statuary or insignia used to promote the interest of any person, product, activity or service when the same is placed outdoors in view of the general public.
"Single room occupancy (SRO) unit"
means a living or efficiency unit, as defined by California Health and Safety Code section 17958.1, intended or designed to be used as a primary residence for a period of more than 30 consecutive days. Each SRO unit consists of one combined living and sleeping room with a closet, and may contain either a kitchen or separate private bathroom. The kitchen or bathroom, if not contained within the individual unit, shall be provided as a common facility within the same structure and shall be shared with the tenants of other SRO units within the same structure. An SRO may include an office for the purpose of managing the SRO units and common facilities. An SRO may include one self-contained dwelling unit with kitchen and bathroom facilities for a caretaker.
Site area.
See Building site and Lot area.
"Staff development committee"
means and shall be made up of representatives from the planning, engineering, building, fire and other departments which are associated with a given project or problem. Its purpose is to provide coordinated technical information and advice to the planning commission or city council.
Story.
(1) 
"Story"
means that portion of a building included between the surface of any floor and the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
(2) 
"Half story"
means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
"Street"
means a public or private thoroughfare which affords principal means of access to abutting property.
"Structural alterations"
means any change in the supporting members of a building such as bearing walls, columns, beams or girders, and floor joists or roof joists.
"Structure"
means anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.
"Supportive housing"
means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing that is provided in single-, two- or multifamily dwelling units, group residential, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two-, or multifamily dwelling units, group residential, residential care facilities, or boarding house uses under this code.
"Target population"
means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5, commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Tattoo parlor"
means any permanent premises where a tattoo artist does tattooing for a fee or for other consideration. Tattoo parlor establishments also include body piercing and other body art services, but do not include beauty salons including cosmetology involving ear piercing, permanent eye and lip lining.
"Thrift shop"
is a retail establishment or non-profit organization primarily engaged in selling used merchandise which has been obtained through bulk-purchases, or through donations or gifts and where the donor receives no value upon the sale of such merchandise, and where the use is designed to sell donated merchandise at a price below reasonable market value. The second-hand sale of guns, appliances, mattresses, or vehicles is prohibited under this classification. This use does not include establishments which sell used merchandise on consignment
"Title 25"
means Title 25 of the California Code of Regulations.
"Tow yard storage"
means a business or offering the services of a vehicle towing service, whereby disabled motor vehicles are towed or otherwise removed from the place where they are disabled by a truck; automobile; or other vehicle so adapted to that purpose, such as tow truck dispatch centers; or in the business of storing disabled motor vehicles. Excluded are sales/rentals of vehicles (i.e. car dealerships) and junkyard or dismantling services.
"Transitional housing"
means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing that is provided in single-, two-, or multifamily dwelling units, group residential, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two-, or multifamily dwelling units, group residential, residential care facilities, or boarding house uses under this code.
Travel trailer.
See Recreational vehicle.
"Urban lot split"
means the subdivision of any lot in a single-family residential zone or parcels designated for primarily single-family development in a specific plan into two lots and shall have he same meaning as stated in California Government Code Section 66411.7.
Use.
(1) 
"Use"
means the purpose of which premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.
(2) 
"Accessory use"
means a use or activity incidental and accessory to the principal use of a lot or of a building located upon the same lot as the accessory use or activity.
Vehicle repair services.
(1) 
"Commercial vehicle repair"
includes uses that repair and maintain the mechanical components of the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft or boats. Commercial vehicle repair may also include general auto repair-type functions.
(2) 
"General vehicle repair"
includes major repair of automobiles, motorcycles, recreational vehicles, or light trucks. Examples of use include body and fender shops; brake shops; full-service motor vehicle repair garages; machine shops; painting shops; towing services; and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping. General vehicle repair may also include limited vehicle repair-type functions.
(3) 
"Limited vehicle repair"
includes minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans, or similar size vehicles. Examples of use include brake adjustments and repairs; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel, and exhaust systems; oil and lube shops; tire sales and installation shops; wheel alignment and balancing; auto glass installation and services.
Vehicle sales.
(1) 
"Boutique car sales"
means a business associated with sales of automobiles, light trucks, vans, small trailers, and small recreational vehicles subject to registration, licensed by the Department of Motor Vehicles (DMV) with or without on-site vehicle inventory. Boutique car sales would allow a licensed dealer, that functions primarily as an office or broker, to store no more than two vehicles on site at any given time.
(2) 
"Car dealership"
means a well-defined sales and service area or car lot primarily engaged in the sale, long term storage, or rental or leasing of automobiles, light trucks, vans, small trailers, and small recreational vehicles to the public with a vehicle dealers permit or rental company permit licensed by the Department of Motor Vehicles (DMV). A car dealership may engage in auto retail sales, auto wholesales, auto broker sales, rental leasing, or any other DMV business partnership. Sales and leasing of heavy trucks and tractors are included within the category of "tractor or heavy truck sales, storage, rental."
(3) 
"Parts and accessories sale and supply"
means an auto supply store or retailer specializing in new and rebuilt, package vehicle supplies, parts, and accessories, including the incidental assembling of customized items or parts onto vehicles.
(4) 
"Tractor or heavy truck sales"
means an establishment primarily engaged in the sale, long term storage, or rental or leasing of tractor or heavy trucks, aircraft, marine crafts, large recreational vehicles and campers, equipment rental and leasing dealerships.
Vending machine.
(1) 
"Retail vending machine"
means any self-service device offered to the public for commercial use used for displaying or storing articles for sale, rent, or lease, or delivery, which, upon insertion of payment, or by other means, dispenses commercial products, merchandise, food or beverage either in bulk or in package, without the necessity of replenishing the device between each vending operation.
(2) 
"Reverse vending machine"
means an automated machine that utilizes advanced technology to identify, sort, collect, and process used containers, provided that the entire process is enclosed within the machine.
Yard.
(1) 
"Yard"
means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
(2) 
"Front yard"
means a yard extending across the full width of the lot, having at no point a depth of less than the minimum required horizontal distance between the front lot line, or its tangent, and the closest permissible location of the main building. Said distance shall be measured by a line at right angles to the front lot line, or its tangent.
(3) 
"Rear yard"
means a yard extending across the full width of the lot, having at no point a depth of less than the minimum required horizontal distance as measured from the part of the main building nearest the rear lot line towards the rear lot line, and such measurement shall be along a line representing the shortest distance between said part of the main building and the rear lot line. The required rear yard shall be that portion of the rear yard contiguous to the rear lot line having at no point a depth less than that required for the rear yard. The area to the rear of the rear lot line of an interior triangular or gore-shaped lot shall be considered a part of the required rear yard.
(4) 
"Side yard"
means a yard between the main building and the side lot lines extending from the required front yard, or the front lot line where no front yard is required, to the rear yard, the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of a main building.
"Zone"
means a portion of the territory of the city, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are not permitted and within which certain yards and open spaces are required and certain height limits are established for buildings, all as set forth and specified in this chapter.
"Zoning administrator"
means the director of community development (director) or designee.
(Zoning Code, Ch. 100, §§ 1001.00—1001.18; Ord. No. 88-54, §§ 1, 2, 10-12-88; Ord. No. 91-5, § 1, 4-3-91; Ord. No. 92-15, § 1, 3-25-92; Ord. No. 92-42, § 2, 11-4-92; Ord. No. 92-47, § 3, 11-18-92; Ord. No. 94-41, § 1, 1-11-95; Ord. No. 96-8, § 1, 3-13-96; Ord. No. 97-22, § 1, 10-22-97; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2018-12, § 7, 6-6-18; Ord. No. 2018-18, § 7, 8-15-18; Ord. No. 2018-20, § 7, 11-28-18; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2019-09, § 6, 9-11-19 ; Ord. No. 2020-31R, § 6, 1-13-21; Ord. No. 2021-07, § 6, 8-11-21; Ord. No. 2022-18, § 2, 9-28-22; Ord. No. 2023-06, § 3, 3-8-23; Ord. No. 2023-15, 10/25/2023)
Editor's note—Ord. No. 2017-07, § 4, 6-7-17, repealed §§ 33-9—33-12, derived from Zoning Code Ch. 100 §§ 1002.01—1002.04 and Ord. No. 90-2, § 3, 1-10-90.
The lists of uses included in various articles of this chapter are typical of permitted and conditionally permitted uses in their respective zones.
The director of community development may determine that uses similar to the listed uses are permitted, or conditionally permitted, uses within the various zones. Such determinations will thereafter be uniformly applied and the director shall keep a record of all such determinations.
When the director cannot make a determination that a particular use is similar to the uses within any of the various zones, a request for an interpretation shall be forwarded to the planning commission for its determination pursuant to the rules of interpretation of section 33-6 of this article. After a planning commission interpretation specifying the appropriate zone, or zones, within which the particular use may fall, said use shall be permitted, or conditionally permitted, in the zones designated by the planning commission.
If the planning commission is unable to designate zones into which a particular use may fall, that use is prohibited in the city in the absence of an amendment to this chapter.
(Zoning Code, Ch. 100, § 1002.15; Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-07R, § 7, 4-18-18)
(a) 
In order to carry out orderly growth and development in the city, this chapter provides for various zoning classifications (e.g., R-1, R-2, R-3, etc.) in order to promote and protect the public health, safety, convenience and general welfare of the inhabitants, and through the orderly and planned use of land resources which are presently a part of said city, or which may become a part thereof in the future.
(b) 
The boundaries of all zones shall be shown on an "official zoning map" maintained by the director, which is made a part of this chapter. Whenever the boundaries of zones are changed, or property is reclassified to another zone pursuant to Article 61, the director shall alter the official zoning map to reflect such changes.
(Zoning Code, Ch. 100, § 1003.01; Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2020-31R, § 6, 1-13-21)
In the event of any conflict between the official zoning map and any legal description or other designation of the boundary or boundaries of any zoning district, or where any uncertainty exists as to the boundary or boundaries of any zoning district shown on the official zoning map, the official zoning map shall prevail and the location of such boundary or boundaries shall be fixed as follows:
(a) 
Where such boundaries are indicated by scales as approximately following street, alley or lot lines in existence at the time the zoning district map(s) was adopted, such lines shall be construed to be such boundaries.
(b) 
Where any public street, alley or any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the existing zone which abuts said land shall apply to such vacated or abandoned property, then each such zone shall be considered to extend to the centerline of said vacated or abandoned property.
(c) 
In unsubdivided land or where a zoning district boundary divides a parcel, the location of such boundary, unless same is indicated by dimensions, shall be determined by use of the scale appearing on the map
(Zoning Code, Ch. 100, § 1003.02; Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2020-31R, § 6, 1-13-21)