Prior history: Zoning Code, Ch. 70, §§ 7001 through 7015 as amended by Ord. Nos. 89-18, 91-53, 91-54, 92-27, 93-11 and 95-21.
The purpose of this article is to assure that development occurs
in a manner which protects the natural and topographic character and
identity of the environment, the visual integrity of hillsides and
ridgelines, sensitive species and unique geologic/geographic features,
and the health, safety, and welfare of the general public by regulating
grading on private and public property and providing standards and
design criteria implementing best management practices to control
stormwater and erosion during all construction activities for all
development.
(Ord. No. 2001-21, § 5, 8-22-01)
This article sets forth rules and regulations to control excavation,
grading, earthwork construction including fills and embankments, and
development on hillsides and along ridgelines; establishes the administrative
procedure for issuance of permits; and provides for approval of plans
and inspection of grading construction necessary for compliance with
stormwater management requirements.
(Ord. No. 2001-21, § 5, 8-22-01)
For the purposes of this chapter the definitions listed hereunder
shall be construed as specified in this section:
means a written engineering or geological opinion concerning
the progress and completion of the work.
means the extent of surface conditions on completion of grading.
means in-place solid rock.
means a relatively level step excavated into earth material
on which fill is to be placed.
means specific stormwater management techniques that are
applied to manage construction site runoff and minimize site erosion.
means earth material acquired from an off-site location for
use in grading on a site.
means a professional engineer registered in the state to
practice in the field of civil works.
means the application of the knowledge of the forces of nature,
principles of mechanics and the properties of materials to the evaluation,
design and construction of civil works for the beneficial uses of
mankind.
includes the modification or trimming or pruning or destruction
or removal of vegetation.
means the densification of a fill by mechanical means.
is the diameter of a tree trunk four and one-half (4½)
feet above the natural grade.
shall refer to the director of community development.
is the outermost edge of the tree's canopy.
means any rock, natural soil or fill and/or any combination
thereof.
means a geologist experienced and knowledgeable in engineering
geology.
means the application of geologic knowledge and principles
in the investigation and evaluation of naturally occurring rock and
soil for use in the design of civil works.
means the wearing away of the ground surface as a result
of the movement of wind, water and/or ice.
means permanent and/or temporary erosion control devices/features
installed in graded areas to prevent erosion and site runoff.
means the mechanical removal of earth material.
means a deposit of earth material placed by artificial means.
means the vertical location of the ground surface.
"Existing grade"
is the grade prior to grading;
"Rough grade"
is the stage at which the grade approximately conforms to
the approved plan;
"Finish grade"
is the final grade of the site which conforms to the approved
plan.
means any excavating or filling or combination thereof.
means a parcel or portion of a parcel with slope over 15%
which is shown as such on the hillside and ridgeline overlay map on
file with the City of Escondido planning division.
is defined on the hillside and ridgeline overlay map on file
with the City of Escondido. The overlay district generally encompasses
parcels with a slope of 15% or greater on any portion of the parcel,
and/or located in proximity to an identified intermediate or skyline
ridge, and located in an area that has not been developed to its full
potential at the time of adoption of the ordinance codified in this
chapter.
means a long, narrow, conspicuous elevation identified on
the hillside and ridgeline overlay map on file in the planning division.
The precise location shall be determined during the project review
process. Intermediate ridges generally have visible land behind them
which creates a backdrop to the ridge and generally have the height
from 500 feet to 900 feet mean sea elevation in the south portions
of the city and from 900 feet to 1,500 feet mean sea elevation in
the north portions of the city as separated by El Norte Parkway.
means a designed compacted fill placed in a trench excavated
in earth material beneath the toe of a proposed fill slope.
means vegetation:
"Ornamental landscaping"
includes all vegetation, but excludes required landscaping,
sensitive biological habitat, mature trees, and protected trees.
"Required landscaping"
is landscaping specifically mandated as a condition of approval
by either the administrative or discretionary approval process relating
to land use compatibility, ordinance development standards, environmental
mitigation, and/or required slope planting ratios.
is any self-supporting woody perennial plant, native or ornamental,
with a single well-defined stem or multiple stems supporting a crown
of branches. The single stem, or one of the multiple stems of any
mature oak tree (genus quercus), shall have a diameter four inches
or greater when measured at four and one-half (4½) feet DBH
above the tree's natural grade. All other mature trees shall have
a diameter of eight inches DBH, or greater, for a single stem or one
of the multiple stems.
means features installed on-site for the permanent control
of erosion and site runoff, including, but not limited to, required
landscaping, permanent desilting basins, etc. (see also City of Escondido
Stormwater Management Requirements document).
shall refer to a qualified botanist, certified arborist,
or other qualified professional acceptable to the director of community
development.
is any oak (genus quercus) which has a 10 inch or greater
DBH, or any other species or individual specimen listed on the local
historic register, or determined to substantially contribute to the
historic character of a property or structure listed on the local
historic register, pursuant to Article 40 of the Escondido Zoning
Code.
means a final plan certified by the project civil engineer
to reflect "as-built" conditions.
includes trimming, pruning, weeding, mowing, replacement
or substitution of vegetation in ornamental and required landscapes.
Routine maintenance does not include the removal or alteration of
sensitive biological habitats and/or sensitive biological species
or removal and replacement of mature or protected trees.
Trimming, pruning, and shaping of mature or protected trees
shall not involve topping but may allow removing up to one-third (⅓)
of the living crown during a single pruning in order to establish
or maintain a crown ratio that is twice as high as the trunk or as
deemed appropriate by the director.
is any biological habitat that supports or has the potential
to support any rare, endangered, threatened or candidate species of
plants, trees, or animals or species of special concern as defined
by the California Endangered Species Act (Fish and Game Code Section
2050 et seq.) or Federal Endangered Species Act (16 U.S. C1531 et
seq.).
is any rare, endangered, threatened or candidate species
of plants, trees or animals, or species of special concern as defined
by the California Endangered Species Act (Fish and Game Code Section
2050 et seq.) or Federal Endangered Species Act (16 U.S. C1531 et
seq.).
means any lot or parcel of land or contiguous combination
thereof, under the same ownership, where grading is performed or permitted.
means a long, narrow, conspicuous elevation identified on
the hillside and ridgeline overlay map on file in the planning division.
The precise location shall be determined during the project review
process. Skyline ridges generally define the horizon and have the
height over 900 feet mean sea elevation in the south portions of the
city and over 1,500 feet mean sea elevation in the north portions
of the city as separated by El Norte Parkway.
means an inclined ground surface the inclination of which
is expressed as a ratio of horizontal distance to vertical distance.
means naturally occurring superficial deposits overlying
bedrock.
means a civil engineer experienced and knowledgeable in the
practice of soils engineering.
means the application of the principles of soil mechanics
in the investigation, evaluation and design of civil works involving
the use of earth materials and the inspection and testing of the construction
thereof.
means Order No. 2001-01 NPDES No. CASO108758 and amendments
thereto, issued by the California Regional Water Quality Control Board,
San Diego Region identifying Waste Discharge Requirements for discharges
of urban runoff within the San Diego Region.
(separate document adopted by resolution and as amended,
available at engineering and planning counters) means techniques required
to minimize erosion and manage construction site runoff.
means interim features installed on-site during construction
to control erosion and site runoff, including, but not limited to,
geotextiles and mats, sandbagging, temporary drains and swales. (also
see City of Escondido Stormwater Management Requirements document).
is a drawing prepared to scale which provides the location,
DBH, health and condition, and botanical and common names of mature
and protected trees located on a given parcel. Said survey shall show
any improvements, drainage, structures, or buildings existing or proposed
for development and designate trees proposed for removal or retention.
The drip lines of each tree shall also be graphically indicated on
the drawing.
means any plant life and plant cover including mature trees,
protected trees, and sensitive biological habitat.
(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2018-07R, § 7, 4-18-18)
No person shall do any grading without first having obtained
a grading permit from the city engineer except for the following,
provided that the exempted activity does not affect sensitive biological
species or habitats, mature or protected trees, and required landscaping,
as defined in section 33-1052. The following exempt activities are
subject to implementing erosion control measures as defined in the
city's stormwater management requirements and may be subject to applicable
stormwater discharge permits:
(a)
An excavation below finished grade for basements and footings of
a building, retaining wall, or other structure, authorized by a valid
building permit. This shall not exempt any fill made with the material
from such excavation, nor exempt any excavation having an unsupported
height greater than five feet after the completion of such structure;
(b)
Cemetery graves controlled by other regulations;
(c)
Refuse disposal sites controlled by other regulations;
(d)
Excavations for wells, controlled by other regulations;
(e)
Mining, quarrying, excavating, processing, stockpiling of rock, sand,
gravel, aggregate, or clay, where established and provided for by
law, provided such operations do not affect the lateral support, or
increase the stresses in or pressure upon, any adjacent or contiguous
property;
(f)
Minor exploratory excavations and soil remediation under the direction
of soil engineers, or engineering geologists at the discretion of
the city engineer based on a case-by-case review when considering
site conditions, topography, surrounding properties, and the extent
of work involved;
(g)
Grading which:
(1)
Involves excavating less than two feet in depth,
(2)
Does not create a cut slope greater than two feet in height and steeper
than two horizontal to one vertical,
(3)
Involves fill slopes less than one foot in depth and placed on a
natural terrain with a slope flatter than five horizontal to one vertical,
(4)
Does not exceed 200 cubic yards on any one lot, or
(5)
Does not impact a drainage course (as determined by resource agencies).
(Ord. No. 2001-21, § 5, 8-22-01)
Whenever the city engineer determines that any existing excavation
or embankment or fill on private property has become a hazard to life
and limb, or endangers property, or adversely affects the safety,
use or stability of a public way or drainage channel, the owner of
the property upon which the excavation or fill is located, or other
person or agent in control of said property, upon receipt of notice
in writing from the city engineer, shall within the period specified
therein repair or eliminate such excavation or embankment so as to
eliminate the hazard and be in conformance with the requirements of
this code.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
Permits required. Except as exempted in section 33-1053 of this article,
no person shall perform any grading without first obtaining a grading
permit from the city engineer and applicable state-issued stormwater
discharge permits. A separate permit shall be required for each site,
and may cover both excavations and fills.
(b)
Application. The provisions of section 302(a) of the Uniform Building
Code are applicable to grading, and in addition the application shall
state the estimated quantities of work involved.
(c)
Plans and specifications. When required by the city engineer, each
application for a grading permit shall be accompanied by two sets
of plans and specifications, and supporting data consisting of a soil
engineering report and engineering geology report. Additional sets
of plans and specifications may be required by the city engineer.
(d)
Information on plans and specifications. Plans shall be drawn to
scale upon substantial paper, or cloth, and shall be of sufficient
clarity to indicate the nature and extent of the work proposed, and
show in detail that they will conform to the provisions of this code
and all relevant laws, ordinances, rules, and regulations. The first
sheet of each set of plans shall give the location of the work and
the name and address of the owner, and the person by whom they were
prepared.
The plans shall include the following information:
(1)
General vicinity of the proposed site;
(2)
Property limits and accurate contours of existing ground and details
of terrain and area drainage;
(3)
Limiting dimensions, elevations, or finish contours to be achieved
by the grading, and proposed drainage channels and related construction;
(4)
Detailed plans of all surface and subsurface drainage devices, including
brow ditches, walls, cribbing, dams, protective fencing, and other
protective devices to be constructed with, or as a part of, the proposed
work, together with a map showing the drainage area and the estimated
runoff of the area served by any drains;
(5)
Location of any buildings or structures on the property where the
work is to be performed and the location of any buildings or structures
on land of adjacent owners that are within 15 feet of the property
or that may be affected by the proposed grading operations;
(6)
Location and identification of any existing sensitive biological
species, sensitive biological habitat, mature trees, or protected
trees pursuant to section 33-1068(c);
(7)
Letter of permission from property owner for any off-site grading;
(8)
For projects greater than five acres, the Regional Water Quality
Control Board's notice of intent file number.
(e)
Soils engineering report. The soils engineering report required by subsection (c) of this section shall include data regarding the nature, distribution, and strength of existing soils; conclusions and recommendations for grading procedures; design criteria for corrective measures, when necessary; and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.
(f)
Engineering geology report. The engineering geology report required by subsection (c) of this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.
(g)
Issuance. The provisions of section 303 of the Uniform Building Code
are applicable to grading permits. The city engineer may require that
grading operations and project designs be modified if delays occur
which incur weather-generated problems not considered at the time
the permit was issued.
(h)
Provisions for denial. A grading permit may be denied if the city
engineer determines that:
(1)
It is reasonably likely that the ultimate development of the land
to be graded cannot occur without further grading requiring zoning
administrator or director approval pursuant to the provisions of section
33-1066(c) of the criteria for grading design; or
(2)
There is no approved development plan or environmental clearance
under CEQA for the property to be graded; and
(3)
The proposed grading may substantially limit development alternatives
for the property; and
(4)
It is probable that development of the property will require discretionary
approvals (such as, but not limited to, a tentative subdivision or
parcel map, a conditional use permit, or a planned development approval)
by the city; or
(5)
The proposed grading is detrimental to the public health, safety,
or welfare; or
(6)
The proposed grading is not in conformance with the requirements
of sections 33-1068 through 33-1069, clearing of land and vegetation
protection.
(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2021-10, § 6, 10-27-21)
The amount of the plan-checking and inspection fee for grading
plans shall be as set forth by resolution of the city council of the
City of Escondido.
(Ord. No. 2001-21, § 5, 8-22-01)
The city engineer may require bonds in such form and amounts
as may be deemed necessary to assure that the work, if not completed
in accordance with the approved plans and specifications, will be
corrected to eliminate hazardous conditions. In lieu of a surety bond,
the applicant may file a cash bond or instrument of credit with the
city engineer in an amount equal to that which would be required in
the surety bond.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
General. Unless otherwise recommended in the approved soils engineering
and/or engineering geology report, cuts shall conform to the provisions
of this section.
(b)
Slope. The slope of cut surfaces shall be no steeper than is safe
for the intended use. Cut slopes shall be no steeper than two horizontal
to one vertical, unless authorized pursuant to section 33-1066.
(c)
Drainage. Drainage shall be provided as required by section 1061
of this article.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
General. Unless otherwise recommended in the approved soils engineering
report, fills shall conform to the provisions of this section. In
the absence of an approved soils engineering report these provisions
may be waived by the city engineer for minor fills not intended to
support structures.
(b)
Fill Location. Fill slopes shall not be constructed on natural slopes
steeper than two to one (2:1)
(c)
Preparation of Ground. The ground surface shall be prepared to receive
fill by removing vegetation, noncomplying fill, topsoil and other
unsuitable materials, scarifying to provide a bond with the new fill
and, where slopes are steeper than five to on (5:1)and the height
is greater than five feet, by benching into sound bedrock or other
competent material as determined by the soils engineer. The bench
under the toe of a fill on a slope steeper than five to one (5:1)
shall be at least 10 feet wide. The area beyond the toe of fill shall
be sloped for sheet overflow or a paved drain shall be provided. Where
fill is to be placed over a cut, the bench under the toe of fill shall
be at least 10 feet wide but the cut must be made before placing fill
and approved by the soils engineer and engineering geologist as a
suitable foundation for fill. Unsuitable soil is soil which, in the
opinion of the city engineer or the civil engineer or the soils engineer
or the geologist, is not competent to support other soil or fill,
to support structures or to satisfactorily perform the other functions
for which the soil is intended.
(d)
Fill material. Detrimental amounts of organic material shall not
be permitted in fills. Except as permitted by the city engineer, no
rock or similar irreducible material with a maximum dimension greater
than 12 inches shall be buried or placed in fills.
Exception: The city engineer may permit placement of larger
rock when the soils engineer properly devises a method of placement,
continuously inspects its placement and approves the fill stability.
The following conditions shall also apply unless modified by the city
engineer:
(1)
Prior to issuance of the grading permit, potential rock disposal
areas shall be delineated on the grading plan;
(2)
Rock sizes greater than 12 inches in maximum dimension shall be 10
feet or more below grade, measured vertically;
(3)
Rocks shall be placed so as to ensure filling of all voids with fines.
(e)
Compaction. All fills shall be compacted to a minimum of 90% of maximum
density as determined by U.B.C. Standard No. 70-1. Field density shall
be determined in accordance with U.B.C. Standard No. 70-2 or equivalent
as approved by the city engineer.
(f)
Slope. The slope of fill surfaces shall be no steeper than is safe
for the intended use. Fill slopes shall be no steeper than two horizontal
to one vertical.
(g)
Drainage. Drainage shall be provided and the area above fill slopes
shall be graded and paved as required by section 33-1061 of this article.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
General. The setbacks and other restrictions specified by this section
are minimum and may be increased by the city engineer or by the recommendation
of a civil engineer, soils engineer or engineering geologist, if necessary
for safety and stability or to prevent damage of adjacent properties
from deposition or erosion or to provide access for slope maintenance
and drainage. Retaining walls may be used to reduce the required setbacks
when approved by the city engineer.
(b)
Setbacks from Permit Area Boundary. The tops and the toes of cut-and-fill
slopes shall be set back from the permit area boundary, including
slope right areas and easements, as far as necessary for the safety
of adjacent properties and to prevent damage resulting from runoff
or erosion of the slopes. Unless otherwise recommended in the approved
soil engineering and/or engineering geology report and shown on the
approved grading plan, setbacks shall be no less than shown on figure
1.
(c)
Design Standards for Setbacks. Setbacks between graded slopes (cut
or fill) and structures in residential zones shall be provided in
accordance with Figure 1, Grading Setbacks.
 |
(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2017-03R, § 4, 3-22-17)
(a)
General. Unless otherwise indicated on the approved grading plan,
drainage facilities shall conform to the provisions of this section.
(b)
Drainage swales or ditches shall be installed to the satisfaction
of the city engineer.
(c)
Subsurface Drainage. Cut-and-fill slopes shall be provided with subsurface
drainage as necessary for stability.
(d)
Disposal. All drainage facilities shall be designed to carry waters
to the nearest practicable drainageway approved by the city engineer
and/or other appropriate jurisdiction as a safe place to deposit such
waters. Site erosion shall be prevented by installing appropriate
erosion control measures as described in the city's stormwater management
requirements.
Building pads shall have a drainage gradient of 2% toward approved
drainage facilities, unless waived by the city engineer.
Exception: The gradient from the building pad may be 1% if all
of the following conditions exist throughout the permit area:
(1)
No proposed fills are greater than 10 feet in maximum depth;
(2)
No proposed finish cut or fill slope faces have a vertical height
in excess of 10 feet;
(3)
No existing slope faces, which have a slope face steeper than 10
horizontally to one vertically, have a vertical height in excess of
10 feet.
(e)
Interceptor Drains. Paved interceptor drains shall be installed along
the top of all cut slopes where the tributary drainage area above
slopes towards the cut and has a drainage path greater than 40 feet
measured horizontally. Interceptor drains shall be paved with a minimum
of three inches of concrete or gunite and reinforced. They shall have
a minimum depth of 12 inches and a minimum paved width of 30 inches
measured horizontally across the drain. The slope of drain shall be
approved by the city engineer.
(Ord. No. 2001-21, § 5, 8-22-01)
All construction projects are subject to implementation of best
management practices as stated in the City of Escondido stormwater
management requirements and the following:
(a)
Temporary Erosion Control System.
(1)
All construction projects involving site grading shall include erosion
control plans prepared by a registered civil engineer and approved
by the city engineer.
(2)
Prior to issuance of grading permit, or issuance of building permit
for projects that do not require grading permit, a refundable cash
security shall be posted to pay for the costs incurred by the city
for cleanup or damage caused by erosion resulting from project construction.
Amount of cash security shall be 10% of the total estimated cost of
grading work, a minimum $5,000 and maximum $30,000. However, for the
development of a single-family residence that does not require a grading
permit, this cash security shall be in the amount of $2,000.
(3)
Temporary and permanent erosion control devices, in accordance with
the stormwater management requirements, shall be provided to control
erosion at all times.
(4)
All public rights-of-way, including, but not limited to, paved streets,
sidewalks, and parkway areas shall be maintained free of loose soil,
mud, construction debris, and trash at all times.
(5)
Graded building pads shall be provided with on-site erosion control
system designed by a registered civil engineer and approved by the
city engineer.
(6)
The project owner shall provide sufficient equipment and qualified
personnel to conduct emergency erosion control methods at all times.
A 24 hour emergency contact person and telephone number shall be provided
to the city engineer or his authorized representative.
(b)
Temporary erosion control system maintenance.
(1)
The project owner shall be responsible for continual maintenance
and inspection of the erosion control system. In the event of failure
or refusal by the project owner to properly maintain the system, the
city engineer may cause emergency maintenance work to be done to protect
public and private property. The cost shall be charged to the property
owner.
(2)
In the event that the city engineer must authorize emergency maintenance
work to be done, he may revoke the grading permit by written notice
to the property owner. The permit shall not be reissued until the
erosion control system is reviewed and any necessary revisions as
approved by the city engineer. Also, if the cash security for grading,
cleanup and emergency work is drawn upon, the amount used for the
emergency work by the city contractor shall be replaced prior to re-issuance
of the grading permit.
(c)
Permanent erosion protection. The following requirements shall be
installed prior to final inspection:
(1)
All manufactured slopes less than three feet in vertical height,
or existing slopes stripped of vegetation shall be landscaped with
suitable ground cover or installed with an erosion control system
to the satisfaction of the director.
(2)
All manufactured slopes over three feet in vertical height shall
be landscaped with ground covers, shrubs and trees and shall be provided,
with permanent irrigation system, to the satisfaction of the director.
(3)
Failure to maintain slope planting in a satisfactory condition may
cause the slopes to be replanted by the city or its contractor and
the cost assessed to the owner.
(d)
All construction projects shall employ the following general site
best management practices (BMPs) to the maximum extent practicable:
(1)
Minimizing areas that are cleared and graded to only the portion
of the site that is necessary for construction;
(2)
Minimizing exposure time of disturbed soil areas;
(3)
Minimizing grading during the wet season and correlation of grading
with seasonal dry weather to the extent feasible;
(4)
Limiting grading to a maximum disturbed area as specified in the
storm water management plan before either temporary or permanent erosion
controls are implemented to prevent storm water pollution;
(5)
Temporarily stabilizing and reseeding disturbed soil areas as rapidly
as feasible;
(6)
Preserving natural hydrologic features where feasible;
(7)
Preserving riparian buffers and corridors where feasible;
(8)
Maintaining all BMPs, until removed; and
(9)
Retaining, reducing and properly managing all pollutant discharges
on site to the maximum extent practical.
(e)
All construction sites shall employ the following erosion and sediment
controls to the maximum extend practicable:
(1)
Installing erosion prevention BMPs as the most important measure
for keeping sediment on site during construction, but never as the
single method;
(2)
Installing sediment controls as a supplement to erosion prevention
for keeping sediment on site during construction;
(3)
Stabilizing all inactive slopes during the rainy season and during
rain events in the dry season;
(4)
Stabilizing all active slopes during rain events regardless of the
season; and
(5)
Permanently revegetating or landscaping as early as feasible.
(f)
Advanced treatment for sediment (e.g., flocculation, chemical treatment)
shall be used at construction sites determined to be a high threat
to water quality based on the following factors and specifications:
(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2008-08, § 4, 2-27-08)
(a)
General. All grading operations for which a permit is required shall be subject to inspection by the city engineer. When required by the city engineer, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 108 of the Uniform Building Code and subsection (b) of this section.
(b)
Grading requirements. It shall be the responsibility of the project
civil engineer to incorporate all recommendations from the soils engineering
and engineering geology reports and applicable state issued stormwater
discharge permit requirements into the grading plan. The project civil
engineer shall act as the coordinating agent in the event the need
arises for liaison between the other professionals, the contractor
and the city engineer. The civil engineer also shall be responsible
for the preparation of revised plans and the submission of record
grading plans upon completion of the work. The grading contractor
shall submit, in a form prescribed by the city engineer, a statement
of compliance to said record plan.
Soils engineering and engineering geology reports shall be required
as specified in section 33-1055 of this article. During grading all
necessary reports, compaction data and soil engineering and engineering
geology recommendations shall be submitted to the civil engineer and
the city engineer by the soils engineer and the engineering geologist.
The soils engineer's area of responsibility shall include, but
need not be limited to, the professional inspection and approval concerning
the preparation of ground to receive fills, testing for required compaction,
stability of all finish slopes and the design of buttress fills, where
required, incorporating data supplied by the engineering geologist.
The engineering geologist's area of responsibility shall include,
but need not be limited to, professional inspection and approval of
the adequacy of natural ground for receiving fills and the stability
of cut slopes with respect to geological matters and the need for
subdrains or other groundwater drainage devices. He shall report his
findings to the soils engineer and the civil engineer for engineering
analysis.
The city engineer shall inspect the project at the various stages
of the work requiring approval and at any more frequent intervals
necessary to determine that adequate control is being exercised by
the professional consultants.
(c)
Notification of noncompliance. If, in the course of fulfilling his
responsibility under this chapter, the civil engineer, the soils engineer,
the engineering geologist or the testing agency finds that the work
is not being done in conformance with this chapter or the approved
grading plans, the discrepancies shall be reported immediately in
writing to the person in charge of the grading work and to the city
engineer. Recommendations for corrective measures, if necessary, shall
be submitted.
(d)
Transfer of responsibility for approval. If the civil engineer, the
soils engineer, the engineering geologist or the testing agency of
record is changed during the course of the work, the work shall be
stopped until the replacement has agreed to accept the responsibility
within the area of his technical competence for approval upon completion
of the work.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
Final reports. Upon completion of the rough grading work, and at
the final completion of the work, the city engineer may require the
following reports and drawings and supplements thereto:
(1)
A record grading plan prepared by the civil engineer including original
ground surface elevations, as-graded ground surface elevations, lot
drainage patterns and locations and elevations of all surface and
subsurface drainage facilities. He or she shall provide approval that
the work was done in accordance with the final approved grading plan.
(2)
A soil grading report prepared by the soils engineer including locations
and elevations of field density tests, summaries of field and laboratory
tests and other substantiating data and comments on any changes made
during grading and their effect on the recommendations made in the
soils engineering investigation report. He or she shall provide approval
as to the adequacy of the site for the intended use.
(3)
A geologic grading report prepared by the engineering geologist including
a final description of the geology of the site including any new information
disclosed during the grading and the effect of same on recommendations
incorporated in the approved grading plan. He or she shall provide
approval as to the adequacy of the site for the intended use as affected
by geologic factors.
(b)
Notification of completion. The permittee or his agent shall notify
the city engineer when the grading operation is ready for final inspection.
Final approval shall not be given until all work including installation
of all drainage facilities and their protective devices and all erosion-control
measures have been completed in accordance with the final approved
grading plan, the required reports, and the record grading plan have
been submitted.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
Violation deemed nuisance. Any grading or clearing which is done
in violation of any provision of this article shall be declared to
be unlawful and a public nuisance, and the city attorney of the City
of Escondido shall immediately commence action or proceedings for
the abatement, removal and enjoinment thereof in the manner provided
by law, and shall take such other steps and shall apply to such courts
as may have jurisdiction to grant such relief as will abate and remove
such building or structure, and restrain and enjoin any person, firm
or corporation from setting up, erecting, building, maintaining or
using any such building or structure or using property contrary to
the provisions of this code. The remedies provided for in this section
shall be cumulative and not exclusive.
(b)
Penalty for violation.
(1)
Any grading or clearing which is done in violation of any provision
of this chapter shall be a misdemeanor punishable by a one thousand
dollar ($1,000.00) fine. Each day or any portion of a day that any
person violates or continues to violate any provision of this chapter
will constitute a separate offense and may be charged and punished
separately without awaiting conviction on any prior offense.
(2)
Any grading or clearing which, according to a field inspection of
the property, was done in violation of the city's grading regulations
shall be grounds for denying for five years all applications for land
use and development approvals of any sort, including, but not limited
to, grading permits, major and minor subdivisions, rezones, specific
plans, specific plan amendments, and general plan amendments proposed
for the property on which the violation occurred. The five year period
shall commence from the date of the violation, if documented, or from
the date of discovery of the violation as determined by the city engineer
based on reasonable evidence.
(3)
Upon evidence that mitigation measures have been taken to rehabilitate
the site, or that other appropriate measures have been taken to mitigate
the adverse effects of the illegal grading or clearing, the city council
may waive any penalty imposed by this section.
(Ord. No. 2001-21, § 5, 8-22-01)
The criteria listed below are to be adhered to in the preparation
of grading designs for private and public development projects. In
addition, these criteria are intended to reflect and implement the
goals and policies of the Escondido General Plan relating to the protection
of the critical landforms and natural resources of the city. Proposed
grading designs will be compared to these criteria and, therefore,
project proponents are encouraged to meet with city staff to discuss
development and grading concepts prior to submittal of formal permit
applications.
(a)
Sensitivity to surrounding areas. All graded areas shall be protected
from wind and water erosion through acceptable measures as described
in the city's stormwater management requirements. Interim erosion
control plans shall be required, certified by the project engineer,
and reviewed and approved by the engineering services department.
All grading designs must demonstrate visual sensitivity to surrounding
properties and neighborhoods. Grading designs should have these characteristics:
(1)
Extensive slope areas that are easily visible from outside the development
shall be avoided;
(2)
Fill slopes shall not block views from surrounding properties;
(3)
Cut slopes shall not adversely affect the safe operation of adjoining
septic systems;
(4)
Any significant grading feature that may intrude into or disturb
surrounding property shall be avoided.
(b)
Slope heights. Slope heights shall be limited to minimize impact
on adjoining properties. The height of retaining walls incorporated
in grading designs shall be included in calculating the overall slope
height. Grading designers shall strive to conform to the following
criteria:
(1)
Fill slopes within 50 feet of the property line shall be limited
to five feet in height. Fill slopes in this location between five
and 10 feet in height may be allowed, subject to the approval of the
director;
(2)
Fill slopes beyond 50 feet from the property line shall be limited
to 20 feet in height;
(3)
Fill slopes adjacent to existing public and private streets shall
be limited to 10 feet in height;
(4)
Cut slopes within 50 feet of the property line shall be limited to
20 feet in height;
(c)
Specific review by the zoning administrator for discretionary project
applications or by the director for administrative project applications
is required for the following slopes:
(1)
Any fill slope within 50 feet of the property line that is in excess
of 10 feet in height;
(2)
Any fill slope beyond 50 feet of the property line that is in excess
of 20 feet in height;
(3)
Any cut slope in excess of 20 feet in height;
(4)
Any cut slope steeper than two to one (2:1) ratio that is determined
by the director to impact adjacent properties.
(d)
Requests for approval of slopes in subsection (c) above shall be included in the project description and identified on the project plans. A statement of justification for each slope shall also be included. For those slopes that are proposed as part of an administrative request, fees for the legal notice and mailing list shall be submitted and a public notice of intended decision shall be issued pursuant to Article 61, Division 6, of this chapter. For a discretionary project, no separate application or filing fee will be required. When judging such requests, the zoning administrator or the director shall consider:
(e)
Slope ratios. Grading designs should use a mix of different slope
ratios, particularly where slope surfaces are easily visible from
public streets. A mixture of two to one (2:1), two and one half to
one (2 1/2:1), three to one (3:1), and flatter slope ratios should
be used to provide variety throughout the development. Depending upon
the recommendation of the soils engineer, steeper slopes to a maximum
of one and one half to one (1 1/2:1) may be approved by the director
for cut slopes of limited heights. Concurrent with development plan
submittal, reasonable justification (such as to avoid blasting rock
or to preserve mature trees) shall be given for any cut slope proposed
to be steeper than two to one (2:1).
(f)
Contoured grading. Slopes should be designed and constructed so as
to conform to the natural contours of the landscape. Creative landforms
using contoured grading should be utilized in all cases, except when
such approach requires substantial increase in grading and slope heights,
or is not deemed appropriate by the director. When utilized, contour
grading should conform to the following guidelines:
(1)
Grading should follow the natural topographic contours as much as
possible (See figure 2);
(2)
Manufactured slopes should be rounded and shaped to simulate the
natural terrain (see Figure 2);
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Figure 2: CONTOUR GRADING
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(3)
The toe and crest of any slope in excess of 10 feet in vertical height
should be rounded with vertical curves of radii no less than five
feet, designed in proportion to the total height of the slope, when
space and proper drainage requirements can be met with an approval
by the city engineer (see Figure 3). The setbacks from such slope
shall be determined as shown on Figure 1. When slopes cannot be rounded,
vegetation shall be used to alleviate a sharp, angular appearance;
(4)
Manufactured slopes shall blend with naturally occurring slopes at
a radius compatible with the existing natural terrain (see Figure
3);
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Figure 3: CONTOUR GRADING
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(5)
Manufactured slopes shall be screened from view under or behind buildings
or by intervening landscaping or natural topographic features. Where
possible, grading areas shall be designed with manufactured slopes
located on the uphill side of structures, thereby hiding the slope
behind the structure (see Figure 4);
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Figure 4: SLOPE SCREENING
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(6)
Retaining walls shall be designed with smooth, continuous lines that
conform to the natural hillside profile to the extent possible (see
Figure 5).
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Figure 5: RETAINING WALLS
 |
(g)
Preservation of natural and cultural features. Grading designs shall
be sensitive to natural topographic, cultural, or environmental features,
as well as mature and protected trees, and sensitive biological species
and habitat, pursuant to sections 33-1068 through 33-1069. The following
features shall be preserved in permanent open space easements, or
such other means that will assure their preservation:
(h)
Public safety. More extreme grading measures may be approved if necessary
to construct street systems conforming to minimum design standards
or to provide reliable maintenance access to public utilities or drainage
systems.
(i)
Landscaping of manufactured slopes. All manufactured slopes shall
be protected and landscaped to the satisfaction of the engineering
and planning departments.
(1)
High slopes (over 20 feet) shall be screened with appropriate landscaping,
and efforts shall be made in the plotting of structures to screen
slopes to the maximum extent possible.
(2)
Drought-tolerant and native species shall be utilized wherever possible
to minimize water usage. Refer to the fire department's "Wildland/Urban
Interface Standards" for planting requirements on slopes adjacent
to high fire zone areas.
(j)
Dissimilar land uses. Where dissimilar land uses are located adjacent
to one another, grading shall be designed so as to buffer or screen
one use from the other. In this regard, the location, height, and
extent of proposed grading shall be compatible with adjacent uses,
and screening measures that include fences, walls, mounding, and extensive
landscaping shall be utilized wherever needed.
(k)
Erosion and sediment control. A sound grading approach must include
measures to contain sediment and prevent erosion. Such measures shall
be identified at the earliest possible point in the grading design
process and thereafter implemented as soon as deemed necessary by
the city engineer or inspector. Developers of projects that propose
grading shall prepare erosion and sediment control plans in conjunction
with grading plans utilizing measures described in the city's stormwater
management requirements. Containment of sediment and control of erosion
is the responsibility of the property owner and developer.
(l)
Hillside areas. The standards provided with this section are in addition
to the provisions of the underlying land use district and to other
applicable provisions of the Escondido Zoning Code.
(1)
Minimum site standards. The following provisions shall apply to residential
hillside areas, except that the city engineer may approve modifications
to these requirements upon demonstration that any such proposed modifications
represent a desirable integration of both site and unit design, and
excepting further that these requirements are not intended to require
additional grading on existing lots or parcels. For the purposes of
this section, "usable" is defined as having a gradient not exceeding
that of the balance of the building pad, or 10% whichever is the lesser.
(2)
Within single-family districts, a usable rear yard of at least 15
feet from building to slope shall be provided. Within multiple-family
districts, a usable rear yard of at least 10 feet from building to
slope shall be provided. This requirement may be modified to the extent
that (A) equal usable area is provided elsewhere on the lot other
than within the required front yard; and (B) it is demonstrated that
the unit is designed to relate to the lot design;
(3)
Within single-family districts where a 10 foot side yard is required,
at least five feet of the side yard shall be usable as defined above;
(4)
Retaining walls may not be used within required usable side or rear
yards unless approved by the director. Retaining walls so used will
be counted as part of the total permitted slope height.
(5)
Grading on natural slopes of 25% to 35% shall only be permitted for
the construction and installation of roads, utilities, garage pads,
and other limited pad grading that can be shown to be sensitive to
the existing terrain.
(m)
Proposed structures shall be designed to conform to the terrain and
shall utilize pole, step, or other such foundation that requires only
limited excavation or filling.
(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2016-15, § 4, 10-26-16; Ord. No. 2021-10, § 6, 10-27-21)
(a)
The hillside protection regulations contained in sections 33-1067.A through 33-1067.F shall apply to all development located within the hillside and ridgeline protection overlay district, as defined in section 33-1052, except as specifically noted in subsection (b). The standards provided with these sections are in addition to the provisions of the underlying land use district and to other applicable provisions of the Escondido Zoning Code. Approval of a tentative subdivision map or planned development permit shall also constitute approval of the development conformity with this section. Grading plans and building plans shall also be checked for conformance with this section prior to approval. Specific plans need to be in general conformance with this section or have to clearly demonstrate the benefits of any deviation from those standards.
The hillside protection regulations shall not be applied to
preclude the reasonable development of one single-family residence
on a legally created parcel.
(b)
Exemptions. The hillside protection regulations shall not apply to
the following types of projects:
(1)
Repair or reconstruction of homes damaged or destroyed by fire or
other cause;
(2)
Projects for which a grading or building permit was issued prior
to the effective date of the ordinance codified in this chapter, which
permit was still valid as of said effective date and which has not
since expired;
(3)
Grading necessary to correct a slope failure or other ground failure
if such correction is deemed by the city engineer to be an emergency,
i.e. a situation where life and/or property is threatened. Such corrections
might include buttressing or replacement of a slope failure, repair
of earthquake damage, removing a slide from a roadway, or similar
actions;
(4)
All public roads identified in the circulation element of the Escondido
General Plan, provided that findings of fact are made that no less
environmentally damaging alternative alignment or non-structural alternative
measures or combination of measures exist;
(5)
Local public streets or private roads which are necessary for access
to the portion of the site to be developed on slopes of less than
35%, provided no less environmentally damaging alternative exists;
(6)
Trails for passive recreational use according to the approved parks
and trails master plan;
(7)
Development of public utility systems, including water reservoirs,
and not including private antennas, provided that findings of fact
are made that the least environmentally damaging alignment has been
selected;
(8)
Final maps recorded, and tentative tract maps and parcel maps approved
and/or deemed complete prior to the date of adoption of the ordinance
codified in this chapter. However, development, grading, and landscaping
that has not been specifically approved with the approved map shall
be reviewed for compliance with these regulations to the extent possible
within the framework of the approved plans.
(Ord. No. 2001-21, § 5, 8-22-01)
In addition to other requirements of this article, applications
for developments in the hillside and ridgeline protection overlay
shall include the following for the subject site and any off-site
improvements:
(a)
If any portion of a property is within the hillside and ridgeline
overlay district, the following shall be submitted for the entire
property:
(1)
Slope analysis of the natural topographic features showing the following
slope categories and the acreage/square footage for each slope category:
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For all projects except single-family homes on existing lots:
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0-15 percent
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15-25 percent
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25-35 percent
|
|
35 percent and over
|
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For single-family homes on existing lots:
|
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0-35 percent
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35 percent and over
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The slope analysis shall generally be prepared at a
scale no smaller than one inch equals two hundred feet (1″
= 200′) utilizing contour intervals of no more than 10 feet.
Exceptions may be granted by the director based on the size and slope
of the property. Small isolated areas of slope over 35% will be reviewed
by the director for their development potential.
(2)
An overlay of the slope analysis and the proposed development indicating
the location of proposed pads, structures, streets, driveways, retaining
walls, and any other site improvements, and all proposed grading including
cut and fill lines and maximum slope heights and gradients.
(b)
The following information shall be submitted for each property or
portion of a property within the hillside and ridgeline overlay district:
(1)
Location of significant geological features, including bluffs, ridgelines,
cliffs, canyons, rock outcroppings, stream courses, and other significant
natural features specified in the open space element of the general
plan, including the exact location of any skyline and intermediate
ridge identified on the hillside and ridgeline overlay map on file
with the Escondido planning division;
(2)
Location of all existing mature and/or protected trees as defined
in section 1052 of this article, and other significant biological
features, or sensitive species or habitats, indicating retention,
relocation, or removal;
(3)
Location, dimension, cross sections, building materials and top/bottom
elevations of any proposed retaining, crib and stem walls and fences.
(c)
Upon initial review of the proposed project, visual analysis may
be required to include panoramic photographs, cross sections, and/or
any other material to demonstrate the visual impact of the development
if any development or grading is proposed within 200 feet horizontal
or fifty feet (50) vertical, whichever is more restrictive, of a skyline
and/or intermediate ridge, and the proposed development can potentially
conflict with the applicable design guidelines outlined in section
33-1067.F.
(d)
For all single-family homes on existing lots, building and grading
plans shall be submitted at the same time.
(e)
Any additional or other specific information determined by the director
to be relevant to the applicant's proposal.
(Ord. No. 2001-21, § 5, 8-22-01)
Prior to director approval of a project in the hillside and
ridgeline overlay district, all of the following findings shall be
made in addition to any other applicable findings:
(a)
The bulk, scale, density, and overall character of the proposed development
is compatible with the surrounding neighborhood and with the natural,
cultural, scenic and open space resources of the area; and
(b)
The location and design of the proposed development respects and
preserves the natural landform, vegetation, and wildlife of the project
site; and
(c)
The location and design of the development does not substantially
alter the natural appearance and land form of the hillsides and ridges;
and
(d)
The location and design of the proposed development will protect
the safety of current and future residents, and will not create a
significant threat to life and property due to slope instability,
fire, flood, mud flow, erosion, or other hazards; and
(e)
All grading associated with the project has been minimized to the
extent possible, preserving the character of the property while utilizing
appropriate erosion control practices as determined by the city engineer
to avoid erosion, slides, or flooding, in order to have as minimal
an effect on said environment as possible.
(Ord. No. 2001-21, § 5, 8-22-01)
Within a project in the hillside and ridgeline overlay district,
a density transfer may be granted in order to protect sensitive natural
resources, avoid hazardous areas, or preserve the natural appearance
of hillsides and ridgelines. In considering such density transfer,
the following standards shall apply:
(a)
Density transfer shall be permitted only within planned development
zones or specific planning areas.
(b)
Density transfer shall be permitted only when it preserves slopes,
ridgelines, or sensitive habitat or when it provides a community benefit.
Cluster development shall avoid sensitive cultural or biological resources.
(Ord. No. 2001-21, § 5, 8-22-01)
Setbacks shall be provided as required by the underlying zone.
However, no usable side or back yard shall be required when the provision
of such space requires a grading exemption. In such case, the required
open space shall be substituted with usable open space provided on
a deck and/or roof, and minimum three foot wide pedestrian access
shall be provided to all sides of the structure.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
Natural slopes equal to or greater than 15% but below 25%. In addition
to other applicable provisions of this article, all development including
grading on natural slopes equal to or greater than 15% but below 25%
shall be designed according to the following guidelines:
(1)
All development shall be sited to avoid potentially hazardous areas
and environmentally sensitive areas as identified in the open space
element of the general plan or as part of the environmental review,
as well as to avoid dislocation of any unusual rock formations or
any other unique or unusual geographic features (see Figure 6);
(2)
Natural drainage courses shall be preserved, enhanced, and incorporated
as an integral part of the project design to the extent possible.
Where required, drainage channels and brow ditches shall follow the
existing drainage patterns to the extent possible. Drainage channels
and brow ditches shall be placed in inconspicuous locations and receive
a naturalizing treatment including native rock, colored concrete,
and landscaping, so that the structure appears as an integral part
of the environment;
(3)
Grading shall be limited to the extent possible and designed to retain
the shape of the natural landform (see Figure 6). Padded building
sites are allowed, but site design and architecture techniques (such
as custom foundations, split level designs, stacking, and clustering)
shall be used to mitigate the need for large padded building areas.
Grading must be designed to preserve natural features such as knolls
or ridgelines. In no case may the top of a prominent hilltop, knoll,
or ridge be graded to create a large building pad;
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Figure 6: SENSITIVE AREAS
 |
(4)
The use of retaining walls, plantable walls, and terraced retaining
structures is encouraged when such use can eliminate the need for
extensive cut or fill slopes. Retaining walls shall typically have
a height of five feet or less. Plantable walls shall be used instead
of retaining walls above six feet in height. Terraced retaining structures
shall be considered on an individual lot basis when their use can
avoid the need for extensive manufactured slopes and retaining walls
(see Figure 7);
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Figure 7: USE OF RETAINING WALLS
 |
(5)
Slopes steeper than two to one (2:1), appropriately designed by a
geotechnical engineer, may be permitted subject to zoning administrator
or director approval when such slopes preserve the significant environmental
characteristics of the site or substantially reduce the need for extensive
cut and fill slopes (see Figure 8);
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Figure 8: CUT SLOPES
 |
(6)
All roads shall comply with the design standards for rural roads;
(7)
Circulation shall be aligned to conform to the natural grades as
much as possible within the limits of the city's street design standards
(see Figure 9);
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Figure 9: ROAD DESIGN
 |
(8)
Grading for the construction of access roads or drainageways shall
be minimized so that the visual impacts associated with such construction
are mitigated to the greatest extent possible;
(9)
Common drives in single-family developments shall be considered if
grading is reduced by their use;
(10)
The construction of access roadways or driveways shall be accompanied
by sufficient berming and landscaping/erosion control so that visual
impacts associated with such construction are promptly mitigated (see
Figure 10);
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Figure 10: SCREENING IMPACTS
 |
(11)
Accessory buildings on sloping lots. If the city engineer determines
that no hazard to pedestrian or vehicular traffic will be created,
a garage or carport may be built to within five feet of the street
right-of-way line, if:
(A)
The front half of the lot or building site slopes up or down
from the established street grade at a slope of 20% or greater, and
(B)
To the extent the elevation of the front half of the lot or
building site is more than four feet above established street grade,
such garage or carport may not extend across more than 50% of the
street frontage of the lot or building site.
(b)
Slopes equal to or greater than 25% but below 35%. In addition to
other applicable provisions of this article, all development including
grading on natural slopes equal to or greater than 25% but below 35%
shall be designed according to the following guidelines:
(1)
Grading shall be utilized only for the construction and installation
of roads, utilities, garage pads, and other limited pad grading that
is shown to be sensitive to the existing terrain.
(2)
Proposed structures shall utilize split pads, stepped footings, and
grade separations in order to conform to the natural terrain (see
Figure 11). Detaching parts of a dwelling such as a garage, utilizing
below grade rooms, and using roofs on lower levels for the deck space
of upper levels shall be considered. Other structural designs such
as stilt or cantilevered foundations and earth-sheltered or earth-bermed
buildings that fit the structure to the natural contours and minimize
grading may be considered on a case-by-case basis. Deck construction
with excessively high distances between the structure and grade shall
be avoided.
(3)
The rear yard shall not exceed 20 feet measured parallel to the slope
if the rear yard requires a grading exemption.
(4)
Accessory structures, swimming pools, tennis courts, and similar
uses shall not be constructed if such construction requires a grading
exemption.
(5)
Single-level residential structures shall be oriented such that the
greatest horizontal dimension of the structure is parallel with, and
not perpendicular to, the natural contour of the land (see Figure
11).
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Figure 11: HOME & DESIGN LOCATION
 |
(6)
Building height shall be as permitted by the underlying zoning as
measured from the natural grade at any point of the structure (see
Figure 12).
(7)
The slope of the roof shall be oriented in the same direction as
the natural slope, and in developments that include a number of individual
buildings, variation shall be provided to avoid monotony (see Figure
12).
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Figure 12: BUILDING HEIGHT/ROOF SLOPE
 |
(8)
Architectural treatment should be provided on all sides of the structure
visible from adjacent properties, roadways, or public rights-of-way.
Building materials and color schemes should blend with the natural
landscape of earth tones for main and accessory structures, fences,
and walls. Reflective materials or finishes should not be used.
(c)
Slopes of 35% and over. No development or grading should occur on
slopesof 35% or greater, except as described in section 1067.A(b)(5).
(d)
Intermediate ridges. Development in proximity to intermediate ridgelines
should be avoided. However, in case that such development occurs,
the following guidelines shall apply in addition to other applicable
provisions of this article (see Figure 13):
(1)
Only single-story structures or portions of multiple single-story-stepped
structures designed to conform to the site shall be permitted to project
above the ridgeline;
(2)
The minimum width of the lot measured parallel to the protected ridge
at the proposed building site is not less than 200 feet;
(3)
Grading should conform to the natural terrain to the extent possible.
Extensive manufactured slopes and retaining walls should be avoided.
In no case should the top of a ridge be graded to provide a large
building pad;
(4)
Any building or structure in proximity to an intermediate ridge should
be located and designed to minimize its impact upon the ridgeline.
Techniques such as use of subordinate or hidden location, split foundations
adjusted to the slope, single-story structures, roofline following
the slope, and colors and materials that blend with the natural environment
should be used;
(5)
Landscaping should be utilized to recreate the linear silhouette
and to act as a backdrop for structures. Trees that grow to at least
one and one-half (1½) times the height of the structure should
be planted between buildings to eliminate the open gap and blend the
rooflines into one continuous silhouette.
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Figure 13: SITE DISTANCE/LOT WIDTHS
 |
(e)
Skyline ridges. Development in proximity to skyline ridges shall
conform to the following standards (see Figure 14):
(1)
The ridgelines' natural contour and vegetation shall remain intact
with development maintaining an undisturbed minimum setback of 200
feet measured horizontally from the center of the ridgeline on a topographic
map, or 50 feet measured vertically on a cross-section, whichever
is more restrictive. Lesser setbacks may be authorized if it can be
demonstrated that no structure or portion of a structure will obstruct
the view of the ridge as seen from major points defined during the
application process. Points of view to be used for the visual analysis
shall generally be taken along major roads including Interstate 15,
Del Dios Highway, Centre City Parkway, Bear Valley Parkway, North
Broadway, El Norte Parkway, and Valley Parkway; and major public open
space areas including Lake Hodges, Lake Wohlford, Lake Dixon, and
Kit Carson Park, as applicable to the proposed project. The exact
points of view will be from the most critical points as determined
by the combination of points from which the proposed development is
most visible and points at which the highest public use occurs (e.g.,
playfields, picnic areas). The distance of the viewpoints from the
ridgeline shall generally be no more than five miles and no less than
1/2 of a mile. The sensitive viewshed areas and the exact points of
view for each proposed project will be identified prior to the project
submittal to the satisfaction of the director. The decision of the
director will be appealable to the planning commission.
(2)
The area along a skyline ridge shall be dedicated to the city as
a scenic easement not intended for public access in conjunction with
any development that may occur on the property. The owner shall be
responsible to retain, maintain, preserve, and protect the public
views of these areas in their natural state without obstruction by
structures. A scenic easement shall not prohibit clearing of brush
or planting of vegetation that is necessary to reduce fire hazards.
(3)
Development of one single-family home on a lot legally created prior
to adoption of the ordinance codified in this article will be exempt
from the requirements of subsections (e)(1) and (e)(2) of this section.
Such development will be subject to the requirements of section 33-1067.F(d).
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Figure 14: SCENIC RIDGELINES
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(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2021-10, § 6, 10-27-21)
(a)
Purpose. The purpose of the following sections is to safeguard life,
limb, property, and the public welfare by regulating grading, clearing,
and removal of mature trees on private property. Further, it is the
purpose of this chapter to reflect and achieve the goals and policies
of the Escondido general plan which recognizes oak trees and other
mature trees as significantly aesthetic and ecological resources,
and to protect sensitive biological species and habitats, and historically
significant trees which are located within the boundaries of the City.
(b)
Scope. The following sections set forth regulations to control habitat
destruction, the clearing of land, and the removal of mature and protected
trees; to establish standards for the preservation, protection, and
selected removal of sensitive habitat and mature and protected trees;
to set forth the administrative procedure for issuance of permits;
and to provide standards for the replacement of vegetation approved
for removal. Additional landscape requirements are specified in Article
62 of this chapter.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
Permits required for removal of vegetation.
(1)
Requests to remove and replace trees located within the public right-of-way
shall be submitted to the city engineer pursuant to Article 62 of
this chapter.
(2)
A vegetation removal permit shall be obtained prior to any encroachment
by new construction or improvements into the dripline of protected
and required trees.
(3)
On developed and undeveloped lots of less than two acres, a vegetation
removal permit shall be obtained prior to clearing, pruning, or destroying
sensitive biological species, sensitive biological habitat, protected
trees and/or required landscaping.
(4)
On developed and undeveloped lots two acres or larger, a vegetation
removal permit shall be obtained prior to clearing, pruning, or destroying
vegetation, and prior to any encroachments by new construction or
improvements that disturb the root system within the dripline of mature
trees.
(b)
Exceptions to required permits.
(1)
A vegetation removal permit is not required when the clearing of
vegetation is proposed as part of a development project requiring
another administrative or discretionary application approval.
(2)
Brush management and clearing, under the order of the city fire marshal,
that does not destroy or remove or affect sensitive biological species
or sensitive biological habitats, or as allowed pursuant to agreements
with the California Department of Fish and Game and the U.S. Fish
and Wildlife Service. This exception shall apply only to the minimum
amount of clearance necessary as determined by the director.
(3)
Clearing authorized by a valid grading permit issued by the city
engineer.
(4)
Trees that pose a safety, health hazard, or public nuisance as determined
by a peace officer, fireman, civil defense official, code enforcement
officer, or designated public works representative.
(5)
Plant material planted, grown and/or held for sale as part of a licensed
nursery business or agriculture production in which vegetation, except
protected trees and sensitive biological habitats, must be removed
in order to conduct normal farming practices.
(6)
Removal of trees for improvement projects constructed by the City
as a part of the city capital improvement program shall be reviewed
by the director on a case-by-case basis to determine if they are subject
to the provisions of this ordinance.
(7)
Routine maintenance as defined in section 33-1052 in conjunction
with an existing development, agricultural production, or park and
street tree maintenance as well as removal, replacement, trimming,
mowing, and weeding of ornamental landscaping.
(8)
Removal of vegetation and mature trees in existing residential development
common areas under the control of a homeowner's association to the
extent that sensitive biological habitats and sensitive biological
species, protected trees, and required landscaping are not affected.
(9)
The necessary clearing and pruning of vegetation, excluding sensitive
biological species and habitats, when done by a public utility company
subject to the jurisdiction of the Public Utilities Commission, for
the purpose of protecting or maintaining existing overhead public
utility lines or other public utility facility.
(Ord. No. 2001-21, § 5, 8-22-01; Ord.
No. 2023-15, 10/25/2023)
(a)
Submittal requirements. Each application for a vegetation removal
permit shall be accompanied by the following information:
(1)
A site plan showing the location and type of existing plants, trees,
and sensitive biological habitat areas, locations for all existing
and proposed buildings or improvements on the property, and the specific
area to be cleared;
(2)
A tree survey (including the location, dripline, and trunk DBH) of
any mature or protected tree(s), whether the tree(s) is intended to
be removed or preserved, a relocation site for any mature tree(s)
proposed to be relocated, and proposed method of removal. The director
may cause to be prepared, at the applicant's expense, a tree replacement
and/or protection plan as well as a report by a professional which
estimates the health of and the significance of the impacts to the
tree(s) to be preserved, removed or relocated, and includes specifications
for transplanting and maintenance of the affected tree(s). The report
shall also include feasible mitigation measures to reduce potential
impacts to the tree(s). The professional may also be required to supervise
the relocation of any tree(s);
(3)
Photographs of the site and surrounding properties which clearly
indicate the existing conditions and existing vegetation;
(4)
A biological report, as necessary, or other documentation acceptable
to the director, which indicates the quantity and quality of the existing
sensitive biological habitat and species, and other vegetation deemed
potentially suitable habitat for the California Gnatcatcher or other
sensitive biological species. The report shall document all potential
impacts on preservation alternatives as well as on the suitability
of remaining undisturbed areas to sustain sensitive biological species
or habitat on-site and on adjacent properties. A revegetation plan
showing mitigation of destroyed habitat shall also be included as
necessary;
(5)
Statement by the applicant justifying the clearing and/or trimming
of vegetation;
(6)
An erosion control plan as necessary approved by the city engineer
for all areas proposed for clearance.
(b)
Evaluation criteria. All requests to remove vegetation shall be submitted
to the director prior to removal of vegetation as determined by section
33-1068.B. In the evaluation of each request, the director shall consider
the following criteria:
(1)
Whether removal of the vegetation is necessary to construct improvements,
or may be avoided through relocation or redesign as determined by
the director;
(2)
Whether the proposed clearing would result in fragmentation or isolation
of sensitive biological species or habitat; or would substantially
limit preservation alternatives for the site; or reduce the quality
of remaining sensitive biological species or habitat on the site or
on adjacent properties below self-sustaining levels;
(3)
Whether proposed replacement vegetation ensures no net loss of habitat
and quality of the habitat, or no reduction in the quality of required
landscaping, as determined by the director or applicable state or
federal agency;
(4)
Whether the development of the property will require discretionary
approvals by the city, or there is an approved development plan for
the property;
(5)
In the case where the vegetation removal permit involves mature trees
and/or protected trees, the director shall consider, in addition to
the criteria above, the following:
(A)
Whether retaining the mature and/or protected tree(s) in their
existing location negatively affects any permanent structures or public
utilities,
(B)
The contribution the tree(s) proposed for removal make to the
visual character of the neighborhood and/or to the value of historic
sites, in conjunction with good forestry practices regarding the number
of healthy mature trees which a given area or parcel of land can support,
(C)
The potential effect that tree or vegetation removal could have
on significantly reducing available wildlife habitat or displacing
desirable species.
(c)
Required findings. In order to approve a request to clear vegetation,
the following findings must be made:
(1)
The proposed vegetation removal is in compliance with all applicable
state and federal requirements;
(2)
Environmental review for the proposed clearing of vegetation has
been completed in conformance with the California Environmental Quality
Act (CEQA);
(3)
The proposed clearing of vegetation is not premature with respect
to future discretionary approvals and preservation options;
(4)
The proposed clearing is not under a current stop work order issued
for violations of this ordinance; or appropriate corrective measures
have been incorporated into the permit application to correct the
noticed violation of the stop work order issued by the city;
(5)
The public safety will not be compromised by the requested vegetation
removal due to plant pests or diseases, soil erosion, or increase
in the flow of surface water;
(6)
The proposed project is reasonably designed considering site characteristics
and plant species involved such that all feasible methods to avoid
removing vegetation, or to protect or transplant mature trees, have
been incorporated, and adequate replacement of the vegetation is conditioned
to be provided at a location approved by the director.
(d)
Approval.
(1)
If a permit is approved, the director may attach conditions of approval
as deemed necessary.
(2)
An issued permit shall be valid for a period of six months from the
date of issuance. Extensions of time may be granted by the director
for periods not to exceed six months each upon submittal of a written
request, prior to the original expiration date, which includes the
reason why the extension of time is needed.
(e)
Denial. If a permit is denied, the director shall provide written
notification, including reason(s) for denial, to the applicant.
(f)
Appeals. The director's decision to approve, conditionally approve,
or deny a vegetation removal permit may be appealed to the planning
commission in accordance with the provisions of section 33-1303 et
seq., of the Escondido Zoning Code.
(Ord. No. 2001-21, § 5, 8-22-01)
(a)
Protection.
(1)
No person shall destroy or do any clearing of vegetation and mature
trees, nor destroy, clear, trim, or cut protected trees, in violation
of this chapter, including deliberately damaging a mature or protected
tree so that the removal of the tree is necessary to maintain public
safety.
(2)
Every feasible effort shall be made to preserve sensitive biological
habitat, sensitive biological species, mature trees, and protected
trees in-place on the project site through consideration of alternative
means of accomplishing the desired action or project, to the satisfaction
of the director.
(3)
All feasible measures to avoid damage to existing trees and vegetation
to remain shall be taken by the owner or developer during clearing,
grading, and construction. A report prepared by a professional and
provided at the applicant's expense, which provides recommendations
on methods to minimize damage to the tree(s), may be required upon
determination of the director.
(4)
Rigid protective barriers of a type acceptable to the director shall
be placed around the dripline of all trees and vegetation designated
to remain. The barricades or fencing are to remain in place until
completion of all grading and construction.
(5)
In conjunction with new construction or improvement projects, no
activity, including grading and trenching, that disturbs the root
system within the dripline of protected or required trees on all size
lots, and also within the dripline of mature trees on lots two acres
or larger, shall be permitted unless the proposed disturbance is determined
appropriate by the director through the evaluation process established
by section 33-1068.C.
(6)
All future owners of parcels on which trees or habitat are required
to be maintained as a condition of approval shall be responsible for
continued maintenance of such vegetation. The director may require
a deed restriction, or other appropriate document, which notifies
future owners of this requirement and the condition(s) of approval.
(b)
Replacement.
(1)
Required landscaping which is removed shall be replaced with equivalent
plant material consistent with the original requirement(s).
(2)
Sensitive biological habitat and sensitive biological species which
are removed shall be mitigated either on-site or off-site by the planting
of the same habitat species at a minimum ratio of one to one (1:1).
Higher replacement ratios, or different plant species, may be required
by the director for conformance with other federal, state, or local
codes and agreements in effect at the time of the review of the application.
(3)
If replacement of sensitive biological species and/or habitat is
not feasible on-or off-site, other equivalent mitigation measures
may be considered by the director.
(4)
If mature trees cannot be preserved on-site, they shall be replaced
at a minimum one to one (1:1) ratio. The preferred replacement is
a tree(s) of equal size and caliper. Protected trees shall be replaced
at a minimum two to one (2:1) ratio.
(5)
The number, size and species of replacement trees shall be determined
on a case-by-case basis by the director, based on the specific circumstances
of each request, the characteristics and condition (size, age and
location) of the individual trees involved, and any professional report.
(6)
The planting location of the replacement trees may be on-site or
elsewhere in the city, as determined by the director.
(7)
Replacement trees and habitat mitigation sites shall be maintained
in a flourishing manner on a continuing basis.
(Ord. No. 2001-21, § 5, 8-22-01)
