It is the purpose of this article to establish standards for
the development of lands identified by the open space/conservation
element of the general plan as having open space value to the community
and its citizens in one or more of the following categories:
(a) Moderate
slopes of 16% to 30%;
(b) Steep
slopes of 31% or greater;
(c) Vegetation
conservation areas;
(d) Natural
drainage courses not otherwise defined as floodways;
to protect and preserve such lands for their open space value
in accordance with the goals and objectives of the Escondido general
plan, and to protect the public health, safety and welfare from such
dangers as erosion, landslide and mudflows.
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(Zoning Code, Ch. 102, § 1023.1)
It is intended that the requirements of this article shall be
in addition to the property development standards of the zone in which
such land is located, and that said requirements be applied in a uniform
manner to all lands of similar characteristics. The provisions of
this article shall prevail over conflicting provisions of any other
article.
(Zoning Code, Ch. 102, § 1023.2)
All developments proposed on lands identified by the open space/conservation element as having one or more of the designations set forth in section
33-70 shall be subject to the following development standards:
(a) Natural
features such as rock outcroppings, creeks and other natural drainage
courses, and wooded areas shall be protected and preserved;
(b) Unless
cleared for agricultural purposes, natural vegetation shall remain
undisturbed except as necessary to construct improvements and to eliminate
hazardous conditions, unless replanted with native or fire-retardant
materials including groundcovers, shrubs and trees;
(c) Grading
shall not alter the natural contours of the terrain except as necessary
for building sites or to correct unsafe conditions. The locations
of buildings and roads shall be planned to follow and conform to existing
contours;
(d) Lot
coverage shall not exceed 20% on land consisting of moderate slopes
(16% to 30%) or 10% on land consisting of steep slopes (31% or greater).
Lot coverage shall include all buildings which extend more than three
feet above the surface of the ground level;
(e) Density
transfer allowances may be permitted based on the density provisions
of the zone in which such lands containing features requiring preservation
are located, through utilization of the planned development (PD) or
planned unit approval (PUA) procedure;
(f) No
alteration of natural features identified for preservation and protection
shall be permitted prior to approval of a development permit.
(Zoning Code, Ch. 102, § 1023.3; Ord. No. 99-17, § 4)
Prior to issuance of a building permit, a development permit
application shall be submitted to and approved by the staff development
committee.
(Zoning Code, Ch. 102, § 1023.4)
Said application shall be submitted to the planning department
on forms provided by said department. Six copies of all plans shall
be submitted, which shall show all information necessary to ascertain
the size and location of the property, the nature and extent of the
proposed development, existing topography and natural features, conditions
and vegetation, and proposed grade, landscaping, drainage and access.
(Zoning Code, Ch. 102, § 1023.4.1)
The staff development committee may approve, conditionally approve
or deny a development permit. Such determination shall be in writing,
setting forth the reasons thereof, and shall indicate conformance
or nonconformance with the goals and objectives of the open space/conservation
element of the general plan. One copy of said determination shall
be mailed to the applicant at the address shown on the application
form.
(Zoning Code, Ch. 102, § 1023.4.2)
The applicant may appeal any decision, finding or condition
of approval to the planning commission within 15 days after making
of said determination by the staff development committee by filing
said appeal on forms provided by the planning department, together
with a filing fee in the amount of $50. The applicant may further
appeal any planning commission action to the city council within 15
days after said action by filing said appeal with the city clerk.
The decision of the city council shall be final.
(Zoning Code, Ch. 102, § 1023.4.3)
The following projects are exempt from the requirements of a
development permit:
(a) A
single-family residence on an existing lot or parcel;
(b) Projects
which require a planned unit approval (PUA);
(c) Projects
filed as a planned development (PD);
(d) Subdivision
maps associated with (b) or (c);
(e) Projects
which require a conditional use permit (CUP).
(Zoning Code, Ch. 102, § 1023.5)